Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SPB 7220
       
       
       
       
       
       
                                Barcode 801988                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/28/2011           .                                
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       The Committee on Rules Subcommittee on Ethics and Elections
       (Diaz de la Portilla) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         After line 179
    4  insert:
    5         Section 1. Paragraph (d) is added to subsection (2) of
    6  section 99.095, Florida Statutes, to read:
    7         99.095 Petition process in lieu of a qualifying fee and
    8  party assessment.—
    9         (2)
   10         (d) In a year of apportionment, any candidate for county or
   11  district office seeking ballot position by the petition process
   12  may obtain the required number of signatures from any registered
   13  voter in the respective county, regardless of district
   14  boundaries. The candidate shall obtain at least the number of
   15  signatures equal to 1 percent of the total number of registered
   16  voters, as shown by a compilation by the department for the
   17  immediately preceding general election, divided by the total
   18  number of districts of the office involved.
   19         Between lines 214 and 215
   20  insert:
   21         Section 3. Subsection (6) is added to section 101.591,
   22  Florida Statutes, to read:
   23         101.591 Voting system audit.—
   24         (6) If a manual recount is undertaken pursuant to s.
   25  102.166, the canvassing board is not required to perform the
   26  audit provided for in this section.
   27         Section 4. Paragraph (a) of subsection (1) and paragraph
   28  (b) of subsection (4) of section 101.62, Florida Statutes, are
   29  amended to read:
   30         101.62 Request for absentee ballots.—
   31         (1)(a) The supervisor shall accept a request for an
   32  absentee ballot from an elector in person or in writing. One
   33  request shall be deemed sufficient to receive an absentee ballot
   34  for all elections through the end of the calendar year of the
   35  next regularly scheduled general election, unless the elector or
   36  the elector’s designee indicates at the time the request is made
   37  the elections for which the elector desires to receive an
   38  absentee ballot. Such request may be considered canceled when
   39  any first-class mail sent by the supervisor to the elector is
   40  returned as undeliverable.
   41         (4)
   42         (b) The supervisor shall provide an absentee ballot to each
   43  elector by whom a request for that ballot has been made by one
   44  of the following means:
   45         1. By nonforwardable, return-if-undeliverable mail to the
   46  elector’s current mailing address on file with the supervisor
   47  or, unless the elector specifies in the request that:
   48         a. The elector is absent from the county and does not plan
   49  to return before the day of the election;
   50         b. The elector is temporarily unable to occupy the
   51  residence because of hurricane, tornado, flood, fire, or other
   52  emergency or natural disaster; or
   53         c. The elector is in a hospital, assisted living facility,
   54  nursing home, short-term medical or rehabilitation facility, or
   55  correctional facility,
   56  
   57  in which case the supervisor shall mail the ballot by
   58  nonforwardable, return-if-undeliverable mail to any other
   59  address the elector specifies in the request.
   60         2. By forwardable mail, e-mail, or facsimile machine
   61  transmission to absent uniformed services voters and overseas
   62  voters. The absent uniformed services voter or overseas voter
   63  may designate in the absentee ballot request the preferred
   64  method of transmission. If the voter does not designate the
   65  method of transmission, the absentee ballot shall be mailed.
   66         3. By personal delivery before 7 p.m. on election day to
   67  the elector, upon presentation of the identification required in
   68  s. 101.043.
   69         4. By delivery to a designee on election day or up to 5
   70  days prior to the day of an election. Any elector may designate
   71  in writing a person to pick up the ballot for the elector;
   72  however, the person designated may not pick up more than two
   73  absentee ballots per election, other than the designee’s own
   74  ballot, except that additional ballots may be picked up for
   75  members of the designee’s immediate family. For purposes of this
   76  section, “immediate family” means the designee’s spouse or the
   77  parent, child, grandparent, or sibling of the designee or of the
   78  designee’s spouse. The designee shall provide to the supervisor
   79  the written authorization by the elector and a picture
   80  identification of the designee and must complete an affidavit.
   81  The designee shall state in the affidavit that the designee is
   82  authorized by the elector to pick up that ballot and shall
   83  indicate if the elector is a member of the designee’s immediate
   84  family and, if so, the relationship. The department shall
   85  prescribe the form of the affidavit. If the supervisor is
   86  satisfied that the designee is authorized to pick up the ballot
   87  and that the signature of the elector on the written
   88  authorization matches the signature of the elector on file, the
   89  supervisor shall give the ballot to that designee for delivery
   90  to the elector.
   91         Section 5. Paragraph (a) of subsection (2) of section
   92  101.68, Florida Statutes, is amended to read:
   93         101.68 Canvassing of absentee ballot.—
   94         (2)(a) The county canvassing board may begin the canvassing
   95  of absentee ballots at 7 a.m. on the 15th sixth day before the
   96  election, but not later than noon on the day following the
   97  election. In addition, for any county using electronic
   98  tabulating equipment, the processing of absentee ballots through
   99  such tabulating equipment may begin at 7 a.m. on the 15th sixth
  100  day before the election. However, notwithstanding any such
  101  authorization to begin canvassing or otherwise processing
  102  absentee ballots early, no result shall be released until after
  103  the closing of the polls in that county on election day. Any
  104  supervisor of elections, deputy supervisor of elections,
  105  canvassing board member, election board member, or election
  106  employee who releases the results of a canvassing or processing
  107  of absentee ballots prior to the closing of the polls in that
  108  county on election day commits a felony of the third degree,
  109  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  110  
  111  ================= T I T L E  A M E N D M E N T ================
  112         And the title is amended as follows:
  113         Delete line 2
  114  and insert:
  115         An act relating to elections; amending s. 99.095,
  116         F.S.; allowing a candidate to obtain the required
  117         number of signatures from any registered voter
  118         regardless of district boundaries in a year of
  119         apportionment; amending s. 101.161,
  120         Between lines 15 and 16
  121  insert:
  122         amending s. 101.591, F.S.; removing the audit
  123         requirement by the canvassing board if a manual
  124         recount is undertaken; amending s. 101.62, F.S.;
  125         extending the time for requesting an absentee ballot
  126         to the end of the calendar year of the next regularly
  127         scheduled general election; removing requirements that
  128         an elector provide certain information when requesting
  129         an absentee ballot from the county supervisor of
  130         elections; amending s. 101.68, F.S.; extending the
  131         time for canvassing and processing absentee ballots to
  132         15 days before the election;