Florida Senate - 2013                                     SB 600
       
       
       
       By Senator Latvala
       
       
       
       
       20-01083D-13                                           2013600__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 97.0555,
    3         F.S.; revising qualifications for late voter
    4         registration; amending s. 101.161, F.S.; revising what
    5         constitutes a ballot summary; deleting a provision
    6         providing that a ballot statement consisting of the
    7         full text of a constitutional amendment or revision is
    8         presumed to be a clear and unambiguous statement;
    9         repealing s. 101.56075(4), F.S., relating to the
   10         requirement that all voting systems used by voters in
   11         a state election allow placement of the full text of a
   12         constitutional amendment or revision containing
   13         stricken or underlined text by a specified date;
   14         amending s. 101.64, F.S.; revising the requirements of
   15         the voter’s certificate accompanying an absentee
   16         ballot; amending s. 101.65, F.S.; revising the
   17         instructions to absent electors; amending s. 101.68,
   18         F.S.; revising what a canvassing board may consider an
   19         illegal absentee ballot; amending s. 101.6921, F.S.;
   20         revising the voter’s certificate accompanying a
   21         special absentee ballot; amending s. 101.6923, F.S.;
   22         revising special absentee ballot instructions;
   23         amending s. 102.031, F.S.; revising restrictions
   24         relating to the solicitation of voters; providing an
   25         effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 97.0555, Florida Statutes, is amended to
   30  read:
   31         97.0555 Late registration.—An individual or accompanying
   32  family member, including a member of the uniformed services or
   33  the Merchant Marine, who is otherwise qualified to register to
   34  vote and who, after the book-closing date for an election
   35  pursuant to s. 97.055, returns from a combat zone or other
   36  forward-deployed area or who has been discharged or separated
   37  from the uniformed services or the Merchant Marine, or from
   38  employment outside the territorial limits of the United States,
   39  after the book-closing date for an election pursuant to s.
   40  97.055 and who is otherwise qualified may register to vote in
   41  such election until 5 p.m. on the Friday before that election in
   42  the office of the supervisor of elections. Such persons must
   43  produce sufficient documentation showing evidence of qualifying
   44  for late registration pursuant to this section.
   45         Section 2. Subsection (3) of section 101.161, Florida
   46  Statutes, is amended to read:
   47         101.161 Referenda; ballots.—
   48         (3)(a) Each joint resolution that proposes a constitutional
   49  amendment or revision shall include one or more ballot
   50  statements set forth in order of priority. Each ballot statement
   51  shall consist of a ballot title, by which the measure is
   52  commonly referred to or spoken of, not exceeding 15 words in
   53  length, and either a ballot summary that describes the chief
   54  purpose of the amendment or revision in clear and unambiguous
   55  language, or the full text of the amendment or revision. The
   56  Department of State shall furnish a designating number pursuant
   57  to subsection (2) and the appropriate ballot statement to the
   58  supervisor of elections of each county. The ballot statement
   59  shall be printed on the ballot after the list of candidates,
   60  followed by the word “yes” and also by the word “no,” and shall
   61  be styled in such a manner that a “yes” vote will indicate
   62  approval of the amendment or revision and a “no” vote will
   63  indicate rejection.
   64         (b)1. Any action for a judicial determination that one or
   65  more ballot statements embodied in a joint resolution are
   66  defective must be commenced by filing a complaint or petition
   67  with the appropriate court within 30 days after the joint
   68  resolution is filed with the Secretary of State. The complaint
   69  or petition shall assert all grounds for challenge to each
   70  ballot statement. Any ground not asserted within 30 days after
   71  the joint resolution is filed with the Secretary of State is
   72  waived.
   73         2. The court, including any appellate court, shall accord
   74  an action described in subparagraph 1. priority over other
   75  pending cases and render a decision as expeditiously as
   76  possible. If the court finds that all ballot statements embodied
   77  in a joint resolution are defective and further appeals are
   78  declined, abandoned, or exhausted, unless otherwise provided in
   79  the joint resolution, the Attorney General shall, within 10
   80  days, prepare and submit to the Department of State a revised
   81  ballot title or ballot summary that corrects the deficiencies
   82  identified by the court, and the Department of State shall
   83  furnish a designating number and the revised ballot title or
   84  ballot summary to the supervisor of elections of each county for
   85  placement on the ballot. The court shall retain jurisdiction
   86  over challenges to a revised ballot title or ballot summary
   87  prepared by the Attorney General, and any challenge to a revised
   88  ballot title or ballot summary must be filed within 10 days
   89  after a revised ballot title or ballot summary is submitted to
   90  the Department of State.
   91         3. A ballot statement that consists of the full text of an
   92  amendment or revision shall be presumed to be a clear and
   93  unambiguous statement of the substance and effect of the
   94  amendment or revision, providing fair notice to the electors of
   95  the content of the amendment or revision and sufficiently
   96  advising electors of the issue upon which they are to vote.
   97         Section 3. Subsection (4) of section 101.56075, Florida
   98  Statutes, is repealed.
   99         Section 4. Subsections (1) through (3) of section 101.64,
  100  Florida Statutes, are amended to read:
  101         101.64 Delivery of absentee ballots; envelopes; form.—
  102         (1) The supervisor shall enclose with each absentee ballot
  103  two envelopes: a secrecy envelope, into which the absent elector
  104  shall enclose his or her marked ballot; and a mailing envelope,
  105  into which the absent elector shall then place the secrecy
  106  envelope, which shall be addressed to the supervisor and also
  107  bear on the back side a certificate in substantially the
  108  following form:
  109  
  110           Note: Please Read Instructions Carefully Before         
  111         Marking Ballot and Completing Voter’s Certificate.        
  112  
  113                         VOTER’S CERTIFICATE                       
  114         I, ...., do solemnly swear or affirm that I am a qualified
  115  and registered voter of .... County, Florida, and that I have
  116  not and will not vote more than one ballot in this election. I
  117  understand that if I commit or attempt to commit any fraud in
  118  connection with voting, vote a fraudulent ballot, or vote more
  119  than once in an election, I can be convicted of a felony of the
  120  third degree and fined up to $5,000 and/or imprisoned for up to
  121  5 years. I also understand that failure to sign this certificate
  122  will invalidate my ballot.
  123  
  124  ...(Date)...                           ...(Voter’s Signature)...
  125  
  126  Note: Your Signature Must Be Witnessed by One Witness 18 Years
  127  of Age or Older as Provided in the Instruction Sheet.
  128  
  129  I swear or affirm that the voter signed this Voter’s Certificate
  130  in my presence.
  131  
  132  ...(Signature of Witness)...
  133  
  134  ...(Printed Name of Witness)...
  135  
  136  ...(Date)...
  137  ...(City/State)...
  138  
  139         (2) The certificate shall be arranged on the back of the
  140  mailing envelope so that the line for the signature of the
  141  absent elector is across the seal of the envelope; however, no
  142  statement shall appear on the envelope which indicates that a
  143  signature of the voter must cross the seal of the envelope. No
  144  candidate may serve as an attesting witness. The absent elector
  145  and the attesting witness shall execute the certificate on the
  146  envelope.
  147         (3) In lieu of the voter’s certificate provided in this
  148  section, the supervisor of elections shall provide each person
  149  voting absentee under the Uniformed and Overseas Citizens
  150  Absentee Voting Act with the standard oath prescribed by the
  151  presidential designee with an appended section in substantially
  152  the following form:.
  153  
  154  Witness signature and date:
  155  
  156  ...(Signature of Witness)...
  157  
  158  ...(Printed Name of Witness)...
  159  
  160  ...(Month/Day/Year)...
  161  
  162         Section 5. Section 101.65, Florida Statutes, is amended to
  163  read:
  164         101.65 Instructions to absent electors.—The supervisor
  165  shall enclose with each absentee ballot separate printed
  166  instructions in substantially the following form:
  167  
  168         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
  169         1. VERY IMPORTANT. In order to ensure that your absentee
  170  ballot will be counted, it should be completed and returned as
  171  soon as possible so that it can reach the supervisor of
  172  elections of the county in which your precinct is located no
  173  later than 7 p.m. on the day of the election.
  174         2. Mark your ballot in secret as instructed on the ballot.
  175  You must mark your own ballot unless you are unable to do so
  176  because of blindness, disability, or inability to read or write.
  177         3. Mark only the number of candidates or issue choices for
  178  a race as indicated on the ballot. If you are allowed to “Vote
  179  for One” candidate and you vote for more than one candidate,
  180  your vote in that race will not be counted.
  181         4. Place your marked ballot in the enclosed secrecy
  182  envelope.
  183         5. Insert the secrecy envelope into the enclosed mailing
  184  envelope which is addressed to the supervisor.
  185         6. Seal the mailing envelope and completely fill out the
  186  Voter’s Certificate on the back of the mailing envelope.
  187         7. VERY IMPORTANT. In order for your absentee ballot to be
  188  counted, you must sign your name on the line above (Voter’s
  189  Signature). An absentee ballot will be considered illegal and
  190  not be counted if the signature on the voter’s certificate does
  191  not match the signature on record. The signature on file at the
  192  start of the canvass of the absentee ballots is the signature
  193  that will be used to verify your signature on the voter’s
  194  certificate. If you need to update your signature for this
  195  election, send your signature update on a voter registration
  196  application to your supervisor of elections so that it is
  197  received no later than the start of the canvassing of absentee
  198  ballots, which occurs no earlier than the 15th day before
  199  election day.
  200         8. VERY IMPORTANT. In order for your absentee ballot to be
  201  counted, it must include the signature of an attesting witness
  202  18 years of age or older affixed to the Voter’s Certificate. If
  203  the signature is illegible, the Voter’s Certificate must also
  204  include a readable printed name of the attesting witness. No
  205  candidate may serve as an attesting witness.
  206         9.8. VERY IMPORTANT. If you are an overseas voter, you must
  207  include the date you signed the Voter’s Certificate on the line
  208  above (Date) or your ballot may not be counted.
  209         10.9. Mail, deliver, or have delivered the completed
  210  mailing envelope. Be sure there is sufficient postage if mailed.
  211         11.10. FELONY NOTICE. It is a felony under Florida law to
  212  accept any gift, payment, or gratuity in exchange for your vote
  213  for a candidate. It is also a felony under Florida law to vote
  214  in an election using a false identity or false address, or under
  215  any other circumstances making your ballot false or fraudulent.
  216         Section 6. Paragraph (c) of subsection (2) of section
  217  101.68, Florida Statutes, is amended to read:
  218         101.68 Canvassing of absentee ballot.—
  219         (2)
  220         (c)1. The canvassing board shall, if the supervisor has not
  221  already done so, compare the signature of the elector on the
  222  voter’s certificate with the signature of the elector in the
  223  registration books to see that the elector is duly registered in
  224  the county and to determine the legality of that absentee
  225  ballot. The ballot of an elector who casts an absentee ballot
  226  shall be counted even if the elector dies on or before election
  227  day, as long as, prior to the death of the voter, the ballot was
  228  postmarked by the United States Postal Service, date-stamped
  229  with a verifiable tracking number by common carrier, or already
  230  in the possession of the supervisor of elections. An absentee
  231  ballot shall be considered illegal if it does not include the
  232  signature of the elector, as shown by the registration records,
  233  and the signature of an attesting witness; however, if the
  234  signature of the attesting witness is illegible, the printed
  235  name of the attesting witness must clearly identify the name of
  236  the witness or the ballot shall be considered illegal. However,
  237  an absentee ballot shall not be considered illegal if the
  238  signature of the elector does not cross the seal of the mailing
  239  envelope. If the canvassing board determines that any ballot is
  240  illegal, a member of the board shall, without opening the
  241  envelope, mark across the face of the envelope: “rejected as
  242  illegal.” The envelope and the ballot contained therein shall be
  243  preserved in the manner that official ballots voted are
  244  preserved.
  245         2. If any elector or candidate present believes that an
  246  absentee ballot is illegal due to a defect apparent on the
  247  voter’s certificate, he or she may, at any time before the
  248  ballot is removed from the envelope, file with the canvassing
  249  board a protest against the canvass of that ballot, specifying
  250  the precinct, the ballot, and the reason he or she believes the
  251  ballot to be illegal. A challenge based upon a defect in the
  252  voter’s certificate may not be accepted after the ballot has
  253  been removed from the mailing envelope.
  254         Section 7. Subsections (3) and (4) of section 101.6921,
  255  Florida Statutes, are amended to read:
  256         101.6921 Delivery of special absentee ballot to certain
  257  first-time voters.—
  258         (3) The Voter’s Certificate shall be in substantially the
  259  following form:
  260  
  261  Note: Please Read Instructions Carefully Before Marking Ballot
  262  and Completing Voter’s Certificate.
  263  
  264                         VOTER’S CERTIFICATE                       
  265  
  266         I, ...., do solemnly swear or affirm that I am a qualified
  267  and registered voter of .... County, Florida, and that I have
  268  not and will not vote more than one ballot in this election. I
  269  understand that if I commit or attempt to commit any fraud in
  270  connection with voting, vote a fraudulent ballot, or vote more
  271  than once in an election, I can be convicted of a felony of the
  272  third degree and fined up to $5,000 and/or imprisoned for up to
  273  5 years. I also understand that failure to sign this certificate
  274  will invalidate my ballot. I understand that unless I meet one
  275  of the exemptions below, I must provide a copy of a current and
  276  valid identification as provided in the instruction sheet to the
  277  supervisor of elections in order for my ballot to count.
  278         I further certify that I am exempt from the requirements to
  279  furnish a copy of a current and valid identification with my
  280  ballot because of one or more of the following (check all that
  281  apply):
  282         ☐ I am 65 years of age or older.
  283         ☐ I have a permanent or temporary physical disability.
  284         ☐ I am a member of a uniformed service on active duty who,
  285  by reason of such active duty, will be absent from the county on
  286  election day.
  287         ☐ I am a member of the Merchant Marine who, by reason of
  288  service in the Merchant Marine, will be absent from the county
  289  on election day.
  290         ☐ I am the spouse or dependent of a member of the uniformed
  291  service or Merchant Marine who, by reason of the active duty or
  292  service of the member, will be absent from the county on
  293  election day.
  294         ☐ I am currently residing outside the United States.
  295  
  296  ...(Date)...                             ...Voter’s Signature...
  297  
  298  Note: Your Signature Must Be Witnessed By One Witness 18 Years
  299  of Age or Older as Provided in the Instruction Sheet.
  300  
  301  I swear or affirm that the voter signed this Voter’s Certificate
  302  in my presence.
  303  
  304  ...(Signature of Witness)...
  305  
  306  ...(Printed Name of Witness)...
  307  
  308  ...(Date)...
  309  ...(City/State)...
  310  
  311         (4) The certificate shall be arranged on the back of the
  312  envelope so that the line for the signature of the absent
  313  elector is across the seal of the envelope.
  314         Section 8. Subsection (2) of section 101.6923, Florida
  315  Statutes, is amended to read:
  316         101.6923 Special absentee ballot instructions for certain
  317  first-time voters.—
  318         (2) A voter covered by this section shall be provided with
  319  printed instructions with his or her absentee ballot in
  320  substantially the following form:
  321  
  322         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
  323         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
  324         YOUR BALLOT NOT TO COUNT.
  325  
  326         1. In order to ensure that your absentee ballot will be
  327  counted, it should be completed and returned as soon as possible
  328  so that it can reach the supervisor of elections of the county
  329  in which your precinct is located no later than 7 p.m. on the
  330  date of the election.
  331         2. Mark your ballot in secret as instructed on the ballot.
  332  You must mark your own ballot unless you are unable to do so
  333  because of blindness, disability, or inability to read or write.
  334         3. Mark only the number of candidates or issue choices for
  335  a race as indicated on the ballot. If you are allowed to “Vote
  336  for One” candidate and you vote for more than one, your vote in
  337  that race will not be counted.
  338         4. Place your marked ballot in the enclosed secrecy
  339  envelope and seal the envelope.
  340         5. Insert the secrecy envelope into the enclosed envelope
  341  bearing the Voter’s Certificate. Seal the envelope and
  342  completely fill out the Voter’s Certificate on the back of the
  343  envelope.
  344         a. You must sign your name on the line above (Voter’s
  345  Signature).
  346         b. You must have your signature witnessed by a person 18
  347  years of age or older. Have the witness sign on the line above
  348  (Signature of Witness) and include his or her address. If the
  349  signature is illegible, the Voter’s Certificate must also
  350  include a readable printed name of the attesting witness. No
  351  candidate may serve as an attesting witness.
  352         c.b. If you are an overseas voter, you must include the
  353  date you signed the Voter’s Certificate on the line above (Date)
  354  or your ballot may not be counted.
  355         d.c. An absentee ballot will be considered illegal and will
  356  not be counted if the signature on the Voter’s Certificate does
  357  not match the signature on record. The signature on file at the
  358  start of the canvass of the absentee ballots is the signature
  359  that will be used to verify your signature on the Voter’s
  360  Certificate. If you need to update your signature for this
  361  election, send your signature update on a voter registration
  362  application to your supervisor of elections so that it is
  363  received no later than the start of canvassing of absentee
  364  ballots, which occurs no earlier than the 15th day before
  365  election day.
  366         6. Unless you meet one of the exemptions in Item 7., you
  367  must make a copy of one of the following forms of
  368  identification:
  369         a. Identification which must include your name and
  370  photograph: United States passport; debit or credit card;
  371  military identification; student identification; retirement
  372  center identification; neighborhood association identification;
  373  or public assistance identification; or
  374         b. Identification which shows your name and current
  375  residence address: current utility bill, bank statement,
  376  government check, paycheck, or government document (excluding
  377  voter identification card).
  378         7. The identification requirements of Item 6. do not apply
  379  if you meet one of the following requirements:
  380         a. You are 65 years of age or older.
  381         b. You have a temporary or permanent physical disability.
  382         c. You are a member of a uniformed service on active duty
  383  who, by reason of such active duty, will be absent from the
  384  county on election day.
  385         d. You are a member of the Merchant Marine who, by reason
  386  of service in the Merchant Marine, will be absent from the
  387  county on election day.
  388         e. You are the spouse or dependent of a member referred to
  389  in paragraph c. or paragraph d. who, by reason of the active
  390  duty or service of the member, will be absent from the county on
  391  election day.
  392         f. You are currently residing outside the United States.
  393         8. Place the envelope bearing the Voter’s Certificate into
  394  the mailing envelope addressed to the supervisor. Insert a copy
  395  of your identification in the mailing envelope. DO NOT PUT YOUR
  396  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
  397  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
  398  BALLOT WILL NOT COUNT.
  399         9. Mail, deliver, or have delivered the completed mailing
  400  envelope. Be sure there is sufficient postage if mailed.
  401         10. FELONY NOTICE. It is a felony under Florida law to
  402  accept any gift, payment, or gratuity in exchange for your vote
  403  for a candidate. It is also a felony under Florida law to vote
  404  in an election using a false identity or false address, or under
  405  any other circumstances making your ballot false or fraudulent.
  406         Section 9. Subsection (4) of section 102.031, Florida
  407  Statutes, is amended to read:
  408         102.031 Maintenance of good order at polls; authorities;
  409  persons allowed in polling rooms and early voting areas;
  410  unlawful solicitation of voters.—
  411         (4)(a) No person, political committee, committee of
  412  continuous existence, or other group or organization may solicit
  413  voters inside the polling place or within 100 feet of the
  414  entrance to any polling place, or polling room where the polling
  415  place is also a polling room, or early voting site. Before the
  416  opening of the polling place or early voting site, the clerk or
  417  supervisor shall designate the no-solicitation zone and mark the
  418  boundaries.
  419         (b) For the purpose of this subsection, the terms “solicit”
  420  or “solicitation” shall include, but not be limited to, seeking
  421  or attempting to seek any vote, fact, opinion, or contribution;
  422  distributing or attempting to distribute any political or
  423  campaign material, leaflet, or handout; conducting a poll except
  424  as specified in this paragraph; seeking or attempting to seek a
  425  signature on any petition; and selling or attempting to sell any
  426  item. The terms “solicit” or “solicitation” shall not be
  427  construed to prohibit exit polling.
  428         (c) Each supervisor of elections shall inform the clerk of
  429  the area within which soliciting is unlawful, based on the
  430  particular characteristics of that polling place. The supervisor
  431  or the clerk may take any reasonable action necessary to ensure
  432  order at the polling places, including, but not limited to,
  433  having disruptive and unruly persons removed by law enforcement
  434  officers from the polling room or place or from the 100-foot
  435  zone surrounding the polling place.
  436         (d) Except as provided in paragraph (a), the supervisor may
  437  not designate a no solicitation zone or otherwise restrict
  438  access to a polling place, polling room, early voting site, or
  439  surrounding property in any manner to any person, political
  440  committee, committee of continuous existence, candidate, or
  441  other group or organization for the purposes of soliciting
  442  voters. This paragraph applies to any public or private property
  443  used as a polling place or early voting site.
  444         Section 10. This act shall take effect July 1, 2013.