FL H1409

Named in honor of Harry T. and Harriette V. Moore, the bill establishes the Florida Voting Rights Act (FLVRA), prohibiting election policies that create material disparities in voter participation among protected classes (race, color, or language minority) and banning methods of election that dilute protected class votes, with intent to discriminate never required to prove a violation.

Creates a 5-member FLVRA Commission within the Department of State (independent of its control) with subpoena power, selected by lot from a qualified candidate pool maintained by a nominating committee of certified nonprofit organizations with at least 20 years of continuous operation; commissioners must be Florida Bar members with 5+ years of experience representing protected classes.

Establishes a preclearance regime requiring covered jurisdictions—those with court orders, consent decrees, or enforcement actions related to voting discrimination within the preceding 25 years, or those failing to provide required election data within 3 years—to obtain approval before implementing new or modified election policies, methods of election, annexations, polling place changes, or voter list removals.

Requires the Florida Commission on Offender Review to develop a publicly available database by July 1, 2027, tracking felony-conviction voting disqualifications (excluding murder and felony sexual offenses), and grants criminal immunity to persons who register or vote in reasonable reliance on database information indicating their rights have been restored.

Implements same-day voter registration at early voting sites and polling places and converts driver license/ID transactions at DHSMV into automatic voter registration applications (with opt-out), requiring electronic transmission of registration data to the Department of State within 24 hours.

Creates the Florida Voting and Elections Database and Institute in partnership with postsecondary institutions, serving as a central repository of 12 years of election data including precinct-level results, voter registration, redistricting plans, and demographic estimates by race/language/disability, with data published online at no cost and carrying a rebuttable presumption of validity.

Mandates language access for jurisdictions where more than 2% (minimum 200) or more than 4,000 voting-age citizens are limited English proficient, requiring competent translation of all electoral materials of equal quality to English, with a prohibition on relying solely on automatic translation services.

Expands vote-by-mail verification to allow voters to provide the last four digits of their Social Security number as an alternative to a signature, requires non-match findings by canvassing boards to meet a beyond a reasonable doubt standard by majority vote, and establishes a two-tier identification system for curing ballot deficiencies by the 5th day post-election.

Eases restrictions on third-party voter registration organizations by extending the application delivery deadline to 14 days, dramatically reducing fines (aggregate annual cap lowered from $250,000 to $1,000), removing criminal penalties for unlawful copying or retention of voter information, and eliminating prohibitions on pre-filled applications.

Repeals the Office of Election Crimes and Security, the prohibition on ranked-choice voting, and the ban on private funds for election-related expenses; changes the Secretary of State from a gubernatorially appointed position to a statewide elected office with a 4-year term; and removes the $25,000 civil penalty for supervisors related to secure ballot intake station access. Effective date: July 1, 2025.