Civic Register
| 5.6.21

Florida Gov. Ron DeSantis Signs Election Bill Into Law - What Does It Do?

Do you support or oppose the Florida election law?

What’s the story?

  • Florida Gov. Ron DeSantis (R) on Thursday signed an election reform bill into law that advocates say makes common sense reforms to election laws and critics call an effort to suppress voter participation.
  • DeSantis said the law will “increase transparency and strengthen the security of our elections” and that, “Floridians can rest assured that our state will remain a leader in ballot integrity. Elections should be free and fair, and these changes will ensure this continues to be the case in the Sunshine State.”
  • Rep. Charlie Crist (D-FL), a former governor who announced this week that he’s challenging DeSantis for the governorship next year, likened the election law to “cruel and unusual punishment” for voters and accused DeSantis and his fellow Republicans of “trying to suppress the vote.”
  • Here’s a look at what’s in the new law and how it compares to previous election policy in Florida: 

What does the Florida election law do?

VOTER ID

  • Florida voters have been required to show a photo ID when voting in person, and the new law extends that requirement to voters who drop off their ballot at a staffed ballot drop box.
  • Voters will be required to provide their Florida driver’s license or ID card number, or the last four digits of their Social Security number when they update the address associated with their voter registration or request a mail ballot in person or over the phone.

MAIL-IN VOTING

  • Florida voters who wish to vote by mail will have to apply each year in which they intend to do so. Under current law, approved mail ballot applications are valid for the next two general elections. All mail ballot requests submitted before this bill’s effective data (which is July 1, 2021) will be valid for 2022, which is the next general election, but not the 2024 general election.
  • Third-party groups are prohibited by the new law from mass collection of mail-in ballots at nursing homes and assisted living facilities (a practice known as “ballot harvesting”).
  • Under current Florida law, immediate family members are allowed to deliver each other’s mail-in ballots, and a person can deliver up to two ballots from people they aren’t related to. The new law expands the definition of “immediate family” to include the grandchildren of a voter.

DROP BOXES

  • Florida law allows recipients of vote-by-mail ballots to turn their ballots into early voting locations and drop boxes if they decide not to mail it. The new law requires that drop boxes can only be placed at early voting sites or election supervisors’ offices, can only be utilized by voters during the early voting period, and must be monitored full-time by elections staff (in the 2020 election, drop boxes were available in some counties prior to the start of early voting due to the pandemic). Drop box locations must be published 30 days in advance of election day. 
  • When early voting hours end on each day of early voting, the new law requires that all drop boxes are emptied and ballots returned to the local election supervisor’s office. Ballot retrieval must occur before elections staff stop monitoring a drop box on a given day.
  • The new law also states that drop boxes “must be geographically located so as to provide all voters in the county with an equal opportunity to cast a ballot, insofar as is practicable.”
  • Election officials who are found to be in non-compliance with drop box provisions of the law will be subject to a fine of $25,000.

BALLOT & SIGNATURE VERIFICATION

  • Candidates, political parties, political committee officials, or someone serving as their authorized designee will be granted reasonable access upon request to review or inspect ballot materials before canvassing or tabulations, including voter certificates on vote-by-mail envelopes, cure affidavits, corresponding comparison signatures, or duplicate ballots and their corresponding originals.
  • Supervisors are required to publish notice of the access to be provided under this section, including access to documents and images of them, in addition to the method for requesting such access. No person granted access to a review is allowed to make a copy of a signature or handle ballots.
  • Canvassers and elections workers who duplicate a ballot would be required to allow observers to see the duplication in such a way that they can see markings on each ballot, and would be required to clearly label the duplicate. Duplications must occur with the presence of at least one canvassing board member.
  • Observers would be able to request duplications for undervoted or overvoted races if there is a clear indication on the ballot that the voter made a definite choice in the undervoted race or ballot measure. A duplicate cannot include a vote if the voter’s intent in such a race isn’t clear. Canvassing boards are required to determine the validity of duplicate ballots if an objection is made.

SOLICITATION RESTRICTIONS

  • Existing Florida law provides for a zone of 100 feet around polling places, early voting sites, and drop box locations in which solicitation activities (e.g. campaign staff attempting to persuade voters) are prohibited.
  • The new law extends that zone by an additional 50 feet, creating a 150 foot buffer zone that insulates voters in line at polling places, early voting sites, and drop box locations from solicitation by campaign staff or third-party groups. 
  • The new law prohibits campaign staff and third-party groups from “engaging in any activity with the intent or effect of influencing a voter”. That definition doesn’t explicitly prohibit campaign staff or third-party groups from providing food and water to voters in line, and the law leaves that open to interpretation.
  • Non-partisan election officials and poll workers are expressly allowed to provide items such as food and water to voters who are standing in line under the law, which is a continuation and affirmation of prior law.
  • Election officials are prohibited under the new law from accepting any private donation or grant for election administration purposes unless it’s in the form of space or buildings to be used as voting sites.

ELECTION ADMINISTRATION

  • Election officials are required to post real-time turnout data along with data on the number of mail ballots counted and received on Election Day.
  • Election officials are required by the new law to conduct a comprehensive risk assessment of online voter registration websites at least once every two years based on standards set by the Dept. of Management Services. 
  • Additionally, the comprehensive risk assessment must include load testing and stress testing to ensure the system has capacity for high-volume use in periods preceding the election; screening computers and networks that support the online voter registration system for malware and vulnerabilities; fortify databases from cyberattacks; and identify anticipated threats to the security and integrity of data collected, maintained, received, or transmitted by the registration system.
  • Local elections officials are restricted from entering into a settlement, consent decree, or other order that nullifies, suspends, or conflicts with any provision of Florida election laws without promptly notifying the attorney general and the leaders of the state House and Senate.
  • State and local elections officials are prohibited from soliciting, accepting, using, or disposing of donations of money, grants, property, or personal services from an individual or non-government entity for the purpose of funding voter education, voter outreach, or registration programs. This provision doesn’t prohibit the use of space for a polling room or an early voting site.

THIRD-PARTY VOTER REGISTRATION

  • Third-party organizations that conduct voter registration drives and collect or handle voter registration applications are required by the new law to register with the state and comply with requirements (groups that merely solicit applications but don’t collect or handle them are exempt from this section).
  • Third-party groups that collect or handle voter registration applications are required to promptly deliver the applications in an applicant’s county within no more than 14 days of being completed by the applicant and prior to the close of the registration period for the upcoming election. 
  • They must also notify the applicant at the time of collection that the third-party group might not deliver the application prior to the deadline and that the applicant may do it themselves in person or by mail, in addition to informing the applicant that they’re able to register online directly with the elections division and how they can determine the application has been delivered.
  • The new law also makes corresponding changes to punishments for third-party groups that fail to deliver voter registration applications. Third-party groups would face a fine of $50 for each application not delivered within 14 days of receipt (or $250 if they acted willfully); $100 for each application received by elections officials after the registration period has closed (or $500 if they acted willfully); and $500 for each application that isn’t submitted to elections officials in the proper county (or $1,000 if they acted willfully).


— Eric Revell

(Photo Credit: DeSantis: Gage Skidmore via Flickr / Creative Commons | Polling Place Sign: Tony Webster via Flickr / Creative Commons)

  • 25
    Andrew
    05/19/2021

    Was reading someone’s comment about Needing HR1. Just what we don’t Need! Here is what HR1 will do. What H.R. 1 Would Do Seize the authority of states to regulate voter registration and the voting process by forcing states to implement early voting, automatic voter registration, same-day registration, online voter registration, and no-fault absentee balloting. Make it easier to commit fraud and promote chaos at the polls through same-day registration, as election officials would have no time to verify the accuracy of voter registration information and the eligibility of an individual to vote and could not anticipate the number of ballots and precinct workers that would be needed at specific polling locations. Hurt voter turnout through 15 days of mandated early voting by diffusing the intensity of get-out-the-vote efforts; it would raise the cost of campaigns. Voters who vote early don’t have the same information as those who vote on Election Day, missing late-breaking developments that could affect their choices. Degrade the accuracy of registration lists by requiring states to automatically register all individuals (as opposed to “citizens”) from state and federal databases, such as state Departments of Motor Vehicles, corrections and welfare offices, and federal agencies such as the Social Security Administration, the Department of Labor, the Federal Bureau of Prisons, and the Center for Medicare and Medicaid Services of the Department of Health and Human Services. This would register large numbers of ineligible voters, including aliens, and cause multiple or duplicate registrations of the same individuals and put federal agencies in charge of determining a person’s domicile for voting purposes (as well as that individual’s taxing state). Constitute a recipe for massive voter registration fraud by hackers and cyber criminals through online voter registration that is not tied to an existing state record, such as a driver’s license. It would make it a criminal offense for a state official to reject a voter registration application even when it is rejected “under color of law” because the official believes the individual is ineligible to vote. It would also require states to allow 16-year-olds and 17-year-olds to register; when combined with a ban on voter ID and restrictions on the ability to challenge the eligibility of a voter, this would effectively ensure that underage individuals could vote with impunity. Require states to count ballots cast by voters outside of their assigned precincts, overriding the precinct system used by almost all states that allows election officials to monitor votes, staff polling places, provide enough ballots, and prevent election fraud. Mandate no-fault absentee ballots, which are the tool of choice for vote thieves. It would ban witness signature or notarization requirements for absentee ballots; force states to accept absentee ballots received up to 10 days after Election Day as long as they are postmarked by Election Day; and require states to allow vote trafficking (vote harvesting) so that any third parties—including campaign staffers and political consultants—can pick up and deliver absentee ballots. Prevent election officials from checking the eligibility and qualifications of voters and removing ineligible voters. This includes restrictions on using the U.S. Postal Service’s national change-of-address system to verify the address of registered voters; participating in state programs that compare voter registration lists to detect individuals registered in multiple states; or ever removing registrants due to a failure to vote no matter how much time has elapsed. It also would substantially limit the public release of voter registration information, making it almost impossible for nonpartisan organizations to verify the accuracy of registration rolls, and prohibit states from using undeliverable election mail as a basis for challenging a registrant’s eligibility. Ban state voter ID laws by forcing states to allow individuals to vote without an ID and merely signing a statement in which they claim they are who they say they are. Violate the First Amendment with respect to a vast range of legal activity. Voter intimidation or coercion that prevents someone from registering or voting is already a federal crime under the Voting Rights Act and the National Voter Registration Act. But H.R. 1 would add a provision criminalizing “hindering, interfering, or preventing” anyone from registering or voting, which is so vague and so broad that it could prevent providing any information to election officials about the ineligibility of an individual, such as an applicant not being a U.S. citizen. Expand regulation and government censorship of campaigns and political activity and speech, including online and policy-related speech. H.R. 1 would impose onerous legal and administrative compliance burdens and costs on candidates, citizens, civic groups, unions, corporations, and nonprofit organizations. Many of these provisions violate the First Amendment, protect incumbents, and reduce the accountability of politicians to the public; its onerous disclosure requirements for nonprofit organizations would subject their members and donors to intimidation and harassment—the modern equivalent of the type of disclosure requirements the U.S. Supreme Court in NAACP v. Alabama (1958) held violated associational rights protected by the Fourteenth Amendment. Reduce the number of Federal Election Commission members from six to five, allowing the political party with three commission seats to control the commission and engage in partisan enforcement activities. Prohibit state election officials from participating in federal elections and impose numerous other “ethics” rules that are unconstitutional or unfairly restrict political activity, eliminating the ability of the residents of specific states to make their own decisions about what rules should govern their state government officials. Require states to restore the ability of felons to vote the moment they are out of prison regardless of uncompleted parole, probation, or restitution requirements. Section 2 of the Fourteenth Amendment gives states the constitutional authority to decide when felons who committed crimes against their fellow citizens may vote again. Congress cannot override a constitutional amendment with a statute. Transfer the right to draw congressional districts from state legislatures to “independent” commissions whose members are unaccountable to voters. H.R. 1 would make it a violation of federal law to engage in “partisan” redistricting and mandate the inclusion of alien population, both legal and illegal, in all redistricting. This is an anti-democratic, unconstitutional measure that would take away the ability of the citizens of a state to make their own decisions about redistricting. Authorize the Internal Revenue Service to engage in partisan activity. H.R. 1 would permit the IRS to investigate and consider the political and policy positions of nonprofit organizations before granting tax-exempt status, thus enabling IRS officials to target organizations engaging in First Amendment activity with disfavored views. Limit access to federal courts for anyone challenging H.R. 1. The bill would prohibit the filing of any lawsuits challenging the constitutionality of H.R. 1 anywhere except in the District Court for the District of Columbia and would allow the court to order all plaintiffs and intervenors, regardless of their number (such as all 50 states), “to file joint papers or to be represented by a single attorney at oral argument,” severely limiting the legal representation and due process rights of challengers. Establish a “Commission to Protect Democratic Institutions” that would threaten the independence of the judiciary. H.R. 1 defines “democratic institutions” as those that are “essential to ensuring an independent judiciary, free and fair elections and the rule of law.” The commission would be given the authority to compel judges to testify and justify their legal decisions, threatening their independent judgment and subjecting them to political pressure and harassment.

  • 27.8k
    Frank_001
    05/14/2021

    @TheDarkSide wrote: "Signs you may be a member of the Insurrectionist Fascist Party (IFP) 1) Powerful and Continuing Nationalism 2) Disdain For Human Rights ..." https://www.causes.com/comments/1464421 Great defining list, @TheDarkSide! Consider adding a few more. 18. Find Independent Thinking highly offensive and Destructive to Order. 19. Curiosity, Open Mindednes, Reason and Critical Thinking are to be Condemned as Immoral. 20. Gullibility, Compliance and Blind Obediance to the Party are treasured & rewarded.

  • 1,620
    Sandra
    05/13/2021

    The Republican party is coming after your most sacred "right" which is NOT the cornerstone, but the absolute FOUNDATION of our democracy.....and they are the ones yelling about "cancel culture"?.....once again hypocrisy abounds!......if they are successful and quash the vote and force themselves into power, do you people who are not speaking up against this (for, lets face it.....voting is not only the foundation of our democracy, it is also THE most sacred method of "freedom of speech")....do you actually think, that once they have taken this from us, that they would stop there? If your 1st Amendment is being curtailed/attacked by them, do you think they wouldn't come after your 2nd?......They want to set themselves up as an autocracy and the very first thing that an autocrat would do is come after your guns.....just ask the people in Russia.

  • 86
    Skyler
    05/14/2021

    I love it when the term “common sense” no longer appeals to ignorant demorats. 🤷‍♂️ These laws ARE common sense.

  • 592
    Joseph
    05/13/2021

    It’s people like you what causes unrest!

  • 304
    Kathy
    05/12/2021

    If you do not read the whole explanation of what is in the new law and just react to the Democrats calling it another Jim Crow law then you have fallen for the lie the President and his party want you to believe. Please READ THE BILL!

  • 75
    Roger
    05/11/2021

    HOW IS IT THAT WERE PUSH VOTING RIGHTS IN OTHER COUNTRYS YET REPUGS CONTINUE TO MAKE VOTING MUCH HARDER HERE. BY PUTTING LAWS IN PLACE THAT HARM THIS COUNTRYS ABILITY TO VOTE BASED ON LIES!

  • 356
    Edward
    05/11/2021

    Clearly voter suppression. The Federal government needs to come up with an identity scheme similar to social security number.

  • 956
    Hannah
    05/11/2021

    Please protect us from these power mad lunatics that are trying very hard to destroy what is left of our democracy.

  • 382
    James
    05/11/2021

    This law should be a federal law for federal elections. As I have stated, people have at least a year to plan a vote in November, if that is not enough time, they need personal help. Paper ballots only, no computer counting, mail in absentee ballots certified by the town where you are registered and all ballot counted in security areas guarded by State Police. That is the least amount of security for ballots.

  • 51
    John R
    05/11/2021

    NO SHAME!!

  • 102
    Richard
    05/11/2021

    So, basicly the law sttenthens the security so the legal votes don't get watered down by the fake votes like the last election. The only ones complaining are the Democrats who need to cheat in order to win. Way to go Governor. So happy I live in Florida.

  • 88
    Bryce
    05/11/2021

    The man right here. Future VP then President

  • 304
    Kathy
    05/11/2021

    After reading the entire description of the new voter law in Florida it looks like it makes the voting very easy to do but really harder to cheat. It makes sure there are observers of the count from both Republicans and Democrats so there is no question as to who is getting counted. It truly make the voter know their vote will be handled with integrity!

  • 306
    Veronica
    05/11/2021

    I can't say that I trust people who attempted to overthrow a free, fair & legal election just because they didn't win this time around to create laws that will then strengthen the process, I smell a rat as my nana used to say

  • 303
    Livia
    05/11/2021

    I cannot believe the people that do not want fair elections in their own country America. When people go to vote they need to have proof of who they are and where they live. To know they live in the state they are voting in. Why would you want a non-fair election, don’t you wanna know if the person is dead or alive. Don’t you want to know if they live in your state what they are doing,If they don’t live there they have no right to vote there. There is something mentally wrong with the people in America

  • 279
    JediJ
    05/11/2021

    Elections are the cornerstone of our societt, their integrity must be protected

  • 303
    Livia
    05/11/2021

    I read some of the comments they did not like what the governor in Florida Ron DeSantis put into law the folding in Florida I don’t know how anybody could object to an honest fair election. By proving who you are and where you live. So you can vote in that state. What are you Democrats afraid of an honest election. Those of you who do not like what he has done then stay in the states, they don’t care how many people vote whether they’re dead or alive whether they live in your state or they don’t. You people are Criticizing how our elections have always been run. Why do you want such a change?

  • 303
    Livia
    05/11/2021

    Yes I certainly agree with government DeSantis has done in Florida with our voting laws and rights. I agree totally we want a legal voting system that proves who you are when you wrote it has always been that way and we want it to stay that way, you can get an absentee voting, but no one should be just mailing in votes because you don’t know who they’re coming from. Thank you governor of Florida you are the best.

  • 92
    Christine
    05/11/2021

    This is an attack on our democracy, & it strengthens the GOP's attacks on our elections. We need a full investigation into Florida voting, & how the GOP has been working with bad actors, to rig elections in our state!! These elections have been a fraud since 2000! Try & convict these traitors!