Title: Elections

Summary: Designates act as "Florida Voting Rights Act"; requires Attorney General or attorney of political subdivision to petition Supreme Court for review of any change in voting qualifications, prerequisites, standards, practices, or procedures; requires Supreme Court to enter judgment within specified timeframe; prohibits state or political subdivisions from enforcing change in voting before judgment is entered; provides that finding of specific intent to discriminate is not required to invalidate change; provides for judicial relief.

Full Text:
An act relating to elections; providing a short title; creating s. 97.029, F.S.; declaring the policy of the state; requiring the Attorney General or attorney of a political subdivision to petition the Supreme Court for review of any change in voting qualifications, prerequisites, standards, practices, or procedures; requiring the Supreme Court to enter a judgment within a specified timeframe; prohibiting the state or its political subdivisions from enforcing a change in voting before a judgment is entered; providing that finding of a specific intent to discriminate is not required to invalidate a change; providing for judicial relief; providing for construction; prov iding an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. This act may be cited as the "Florida Voting Rights Act." Section 2. Section 97.029, Florida Statutes, is created to read: 97.029 Judicial review of election procedures.-(1) The Legislature declares that it is the policy of the state to protect electors against discrimination based on gender, race, age, income level, sexual orientation, language, HB 1079 2014 religion, or disability. The Legislature further declares that any restriction on voting rights or any change in the standard, practice, or procedure with respect to voting that would result in denying or abridging the opportunity of a protected class to vote, elect a candidate of its choice, or influence the outcome of an election may not be imposed by the state or its political subdivisions. (2) If the state or any of its political subdivisions enacts or seeks to administer any voting qualification or prerequisite to voting or any standard, practice, or procedure with respect to voting that is different from the qualification, prerequisite, standard, practice, or procedure in force or effect on July 1, 2014, the Attorney General shall petition the Supreme Court for a declaratory judgment within days to determine if such change will have the effect of denying or abridging the right to vote in contravention of the rights established in subsection (1). For changes to procedures limited to a county or municipality, the attorney for the respective politica lsubdivision shall petition the Supreme Court. (a) The Supreme Court shall allow adversary interests to present their views and, within days after the filing of the petition, shall enter its judgment. The change in qualification, prerequisite, standa rd, practice, or procedure may not be enforced or administered until the Supreme Court has entered a judgment finding compliance with this section. (b) Proof of a specific intent of an official to HB 1079 2014 discriminate against a protected class of electors based on the factors enumerated in subsection (1) is not required in order to invalidate a qualification, prerequisite, standard, practice, or procedure. (c) Changes to election standards subject to review by the Supreme Court include, but are not limited to, redistricting plans, early voting, absentee voting, provisional ballots, poll worker hiring and training, list maintenance, and voter registration. (3) An affected party, including an organization on behalf of such party, may bring an action to enforce the provisions of this section. (4) This section does not supersede or impair any federal or state law providing for expanded voting rights. Section 3. This act shall take effect upon becoming a law.