Overview
This Florida legislation comprehensively reforms the state's voter registration and election administration systems with a primary focus on citizenship verification and election integrity measures. The bill establishes new requirements for verifying the citizenship status of voter registration applicants, creates enhanced procedures for maintaining voter registration records, and implements automated independent vote validation processes for election audits. The legislation mandates coordination between the Department of State, the Department of Highway Safety and Motor Vehicles, and local supervisors of elections to ensure that only eligible United States citizens are registered to vote. Additionally, the bill introduces new recount procedures, provisional ballot requirements, and reporting obligations designed to increase transparency and accuracy in Florida's electoral process. The effective date of July 1, 2026, provides a substantial implementation period for state and local election officials to develop the necessary systems and procedures.
Core Provisions
The bill fundamentally restructures voter registration eligibility determination by requiring supervisors of elections to verify citizenship status before accepting any voter registration application as valid. Under the amended provisions of section 97.052, supervisors must determine whether applicants are ineligible based on specific criteria including failure to complete the application, being deceased, having a felony conviction without restored voting rights, or not being a United States citizen. The legislation creates a new requirement in section 97.053 that voter registration applications must include proof of citizenship to be considered complete. Section 322.034 is created to establish legal status designations on state-issued driver licenses and identification cards, enabling the Department of Highway Safety and Motor Vehicles to furnish citizenship information to the Division of Elections under section 98.093. The bill modifies section 98.075 to require supervisors to initiate eligibility maintenance procedures when citizenship status cannot be verified, with specific timelines including a prohibition on removing voters within 90 days of a federal election. Section 101.591 is amended to establish automated independent vote validation processes that must be completed by noon on the sixth day after primary elections and noon on the seventh day after general elections. The legislation revises section 102.166 to specify that manual review recounts consist of reviews of paper marksense ballots or digital images by canvassing board designees, with county canvassing boards responsible for ordering such recounts. New provisional ballot procedures under section 101.048 allow voters to present written evidence supporting their eligibility by 5 p.m. on the second day following the election. The bill requires annual reporting by February 15 following each general election and mandates that early voting and vote-by-mail results be reported within 30 minutes after polls close.
Key Points
- Citizenship verification required before voter registration applications can be accepted as valid
- Department of Highway Safety and Motor Vehicles must provide documentary proof of citizenship to Department of State
- Legal status designations created for driver licenses and identification cards
- Automated independent vote validation audits required for all precincts
- Manual review recounts limited to paper marksense ballots or digital images
- 90-day blackout period before federal elections for voter removal based on eligibility challenges
- Provisional ballot evidence submission deadline of 5 p.m. on second day after election
- Annual voter registration review for felony convictions required
- Early voting and vote-by-mail results must be reported within 30 minutes of poll closing
Legal References
- §97.041 - Age requirements for voter registration
- §97.052 - Supervisor of elections duties regarding voter registration
- §97.053 - Voter registration application requirements
- §98.045 - Voter eligibility verification procedures
- §98.075 - Registration list maintenance and ineligibility determinations
- §98.093 - Information sharing by Department of Highway Safety and Motor Vehicles
- §98.094 - Provision of voter lists to federal courts for jury selection
- §101.048 - Provisional ballot procedures
- §101.151 - Manual review recount procedures
- §101.591 - Automated independent vote validation process
- §102.141 - County canvassing board duties
- §102.166 - Manual review recounts of overvotes and undervotes
- §322.034 - Legal status designation on driver licenses and identification cards
Implementation
The Department of State serves as the primary implementing agency with authority to promulgate rules under section 101.5608 regarding voting procedures and automated independent vote validation processes. The Department must enter into formal agreements with the Department of Highway Safety and Motor Vehicles to facilitate information matching between the statewide voter registration system and the driver license database. Local supervisors of elections bear direct responsibility for verifying citizenship status of applicants, conducting annual reviews of voter registration records to identify individuals with felony convictions, and initiating address and eligibility maintenance procedures within seven days of receiving notice or information. County canvassing boards must conduct automated independent vote validation audits and publish notices of such audits on county websites, supervisor websites, or in newspapers of general circulation. The Department of Highway Safety and Motor Vehicles must provide changes in residence addresses and identification numbers to the Department of State, which then reports changes to appropriate supervisors who must update voter registration records. Supervisors must notify applicants within seven days when citizenship status cannot be verified and provide 14 days for applicants to respond with documentation. The online voter registration system must be modified to transmit citizenship verification information and generate appropriate notices. Annual reports must be submitted to the Governor and Legislature by February 15 following each general election, detailing vote validation results and registration maintenance activities. The legislation requires the Department of State to adopt rules addressing security of ballots, timing and location of manual reviews, public observation procedures, objection processes, and record-keeping requirements.
Key Points
- Department of State promulgates rules for voting procedures and validation processes
- Formal agreements required between Department of State and Department of Highway Safety and Motor Vehicles
- Supervisors of elections verify citizenship within specified timeframes
- County canvassing boards conduct and publish automated vote validation audits
- Seven-day notification requirement when citizenship cannot be verified
- Fourteen-day response period for applicants to provide citizenship documentation
- Annual reports due February 15 to Governor and Legislature
- Online voter registration system modifications required for citizenship verification
Legal References
- §97.0525 - Online voter registration
- §98.065 - Registration list maintenance programs
- §101.5608 - Department of State rulemaking authority
- §101.5611 - Voting system requirements
- §104.042 - Reporting of election violations
- §106.08 - Campaign finance reporting
Impact
The legislation directly affects all Florida voter registration applicants who must now provide proof of citizenship before their applications can be accepted, creating a new documentary burden that may delay or prevent registration for individuals who lack readily available citizenship documentation. Registered voters who previously registered without citizenship verification may face eligibility challenges and potential removal from voter rolls if their citizenship status cannot be confirmed through the new verification processes. Individuals with felony convictions face annual reviews of their registration status, with supervisors required to identify those whose voting rights have not been restored. County election officials and supervisors of elections experience significantly increased administrative responsibilities including citizenship verification, database matching, notice generation, and response processing, requiring additional staff time and resources. The automated independent vote validation audits impose new technical requirements on counties to implement approved audit systems and complete validation processes within tight post-election deadlines. Provisional ballot voters gain expanded rights to present written evidence supporting their eligibility, potentially increasing the number of provisional ballots that are ultimately counted. The Department of Highway Safety and Motor Vehicles faces new obligations to designate legal status on identification documents and share citizenship information with election officials. While the bill does not include specific appropriations, implementation costs will include system modifications, staff training, database integration, and ongoing verification processes. The 90-day pre-election blackout period for voter removal provides some protection against last-minute disenfranchisement but may create administrative challenges for resolving eligibility questions. No sunset provisions are included, making these changes permanent features of Florida election law.
Key Points
- All voter registration applicants must provide citizenship documentation
- Existing registered voters subject to citizenship verification and potential removal
- Individuals with felony convictions face annual registration reviews
- County election officials experience increased administrative workload
- Technical requirements for automated vote validation systems
- Expanded provisional ballot rights for voters to present evidence
- Department of Highway Safety and Motor Vehicles assumes new citizenship verification role
- Implementation costs for system modifications and staff training not specified
- No sunset provisions - changes are permanent
Legal References
- §97.041 - Voter registration age requirements
- §98.0755 - Appeal procedures for ineligibility determinations
- §104.16 - Penalties for election law violations
Legal Framework
The legislation operates within Florida's constitutional framework for election administration, with the state exercising its authority under Article VI of the Florida Constitution to establish voter qualifications and registration procedures. The citizenship verification requirements align with federal constitutional provisions limiting voting to United States citizens while potentially raising Equal Protection and Due Process concerns under the Fourteenth Amendment regarding the burden placed on eligible citizens to prove their status. The bill's information-sharing provisions between the Department of Highway Safety and Motor Vehicles and the Department of State implicate privacy considerations under both state and federal law, though the legislation appears to authorize such sharing for election administration purposes. The 90-day blackout period before federal elections reflects compliance with the National Voter Registration Act's restrictions on systematic voter removal programs close to federal elections. The automated independent vote validation processes establish new statutory requirements for election audits that supplement existing recount and canvassing procedures under Florida law. The legislation grants supervisors of elections authority to determine voter eligibility based on citizenship status, creating administrative adjudication procedures subject to appeal under section 98.0755. The bill's requirement that voter registration applications include citizenship proof may interact with federal voter registration requirements under the National Voter Registration Act and Help America Vote Act, potentially creating conflicts regarding what documentation can be mandated. The manual review recount procedures modify existing statutory frameworks under sections 102.141 and 102.166, establishing new standards for how recounts are conducted and validated. The legislation does not explicitly address judicial review provisions beyond existing appeal mechanisms, leaving challenges to eligibility determinations subject to Florida's general administrative law framework and election contest procedures.
Key Points
- State constitutional authority under Article VI for voter qualifications
- Potential Fourteenth Amendment Equal Protection and Due Process implications
- Compliance with National Voter Registration Act 90-day restriction
- Privacy considerations for information sharing between state agencies
- Administrative adjudication authority for supervisors of elections
- Potential conflicts with federal voter registration requirements
- Appeal rights under existing Florida administrative law framework
- Modification of statutory recount and canvassing procedures
Legal References
- Florida Constitution Article VI - Suffrage and Elections
- U.S. Constitution Fourteenth Amendment - Equal Protection and Due Process
- National Voter Registration Act of 1993 (52 U.S.C. §20507)
- Help America Vote Act of 2002 (52 U.S.C. §20901 et seq.)
- §98.0755, F.S. - Appeal of ineligibility determinations
- §102.168, F.S. - Election contest procedures
Critical Issues
The citizenship verification requirements present substantial constitutional concerns regarding potential disenfranchisement of eligible citizens who lack readily available documentation, particularly affecting naturalized citizens, individuals born outside hospitals, and those whose birth records are difficult to obtain. The legislation may face legal challenges under the National Voter Registration Act if federal courts determine that the citizenship documentation requirements exceed what federal law permits states to demand for voter registration. Implementation challenges include the technical complexity of integrating databases between the Department of Highway Safety and Motor Vehicles and the Department of State, ensuring accurate matching of records, and avoiding false positives that incorrectly flag eligible citizens as non-citizens. The tight timelines for automated vote validation audits create operational pressures on county election officials who must complete complex technical processes within days after elections while managing other post-election responsibilities. The administrative burden on supervisors of elections to verify citizenship status, process responses, and maintain accurate records may overwhelm offices with limited resources, particularly in large counties with high registration volumes. Cost implications remain unclear as the bill includes no appropriations for system development, staff training, or ongoing operational expenses, potentially creating unfunded mandates for counties. The legislation may produce unintended consequences including reduced voter registration rates among eligible citizens who find the documentation requirements burdensome, increased provisional ballot usage that delays final election results, and disparate impact on minority communities and low-income individuals who face greater barriers to obtaining citizenship documentation. Opposition arguments center on claims that the bill creates unnecessary barriers to voting, solves a non-existent problem of non-citizen voting, imposes excessive administrative burdens on election officials, and may violate federal voting rights protections. The absence of provisions addressing erroneous citizenship challenges or providing assistance to eligible citizens in obtaining documentation raises concerns about due process protections. The interaction between the 90-day blackout period and the ongoing verification processes may create situations where ineligible individuals remain on voter rolls through elections, undermining the bill's stated integrity objectives.
Key Points
- Constitutional concerns regarding disenfranchisement of eligible citizens lacking documentation
- Potential conflicts with National Voter Registration Act requirements
- Technical complexity of database integration and record matching
- Risk of false positives incorrectly flagging eligible citizens
- Tight post-election timelines for automated validation audits
- Administrative burden on supervisors of elections with limited resources
- No appropriations for implementation costs creating potential unfunded mandates
- Possible reduction in voter registration rates due to documentary burdens
- Disparate impact on minority and low-income communities
- Lack of provisions for assisting eligible citizens in obtaining documentation
- Tension between 90-day blackout period and ongoing verification processes
Legal References
- National Voter Registration Act of 1993 (52 U.S.C. §20507)
- Voting Rights Act of 1965 (52 U.S.C. §10301 et seq.)
- §104.042, F.S. - Reporting of election violations
- §104.16, F.S. - Penalties for false voter registration information