Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 600
       
       
       
       
       
                                Barcode 184420                          
       
       582-02059D-13                                                   
       Proposed Committee Substitute by the Committee on Ethics and
       Elections
    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; creating s. 100.032, F.S.; requiring
    5         supervisors of elections to submit a report to the
    6         Secretary of State at least 3 months before a general
    7         election; specifying the content of the report;
    8         amending s. 100.061, F.S.; decreasing the time period
    9         between a primary election and a general election;
   10         amending s. 101.161, F.S.; providing a limitation on
   11         the number of words for certain ballot summaries in
   12         joint resolutions proposed by the Legislature;
   13         deleting a provision providing that a ballot statement
   14         consisting of the full text of a constitutional
   15         amendment or revision is presumed to be a clear and
   16         unambiguous statement; amending s. 101.5605, F.S.;
   17         requiring a person to provide the name, mailing
   18         address, and telephone number of a registered agent of
   19         a voting systems vendor to the Department of State
   20         under certain circumstances; providing that proof of
   21         delivery or attempt to deliver constitutes valid
   22         notice; creating s. 101.56065, F.S.; providing a
   23         definition for the term “defect”; requiring any person
   24         who submitted a voting system to the department for
   25         approval or sold or leased any approved voting system
   26         to file a disclosure with the department; providing
   27         requirements for the disclosure; authorizing the
   28         department to suspend all sales or leases or use in an
   29         election of a defective voting system; providing
   30         procedures for the suspension of voting systems;
   31         authorizing the department to withdraw approval of
   32         voting systems under certain circumstances;
   33         authorizing the department to initiate an
   34         investigation of a defective voting system;
   35         establishing procedures and requirements of
   36         investigations; providing a penalty; repealing s.
   37         101.56075(4), F.S., relating to the requirement that
   38         all voting systems used by voters in a state election
   39         allow placement of the full text of a constitutional
   40         amendment or revision containing stricken or
   41         underlined text by a specified date; amending s.
   42         101.591, F.S.; authorizing use of automated,
   43         independent audits of voting systems; providing audit
   44         requirements; requiring the Division of Elections to
   45         adopt rules; amending s. 101.62, F.S.; revising the
   46         requirements for a valid absentee ballot request;
   47         prohibiting the supervisor from providing an absentee
   48         ballot on the day of an election under certain
   49         circumstances; requiring a person who requests an
   50         absentee ballot to complete an affidavit under certain
   51         circumstances; amending s. 101.64, F.S.; revising the
   52         requirements for a voter’s certificate; amending s.
   53         101.65, F.S.; revising the instructions to absent
   54         electors; amending s. 101.657, F.S.; revising the list
   55         of permissible sites available for early voting;
   56         requiring each county to operate at least the same
   57         number of early voting sites as used for the 2012
   58         general election; revising the number of days and
   59         hours for early voting; amending s. 101.67, F.S.;
   60         conforming a provision to changes made by the act;
   61         amending s. 101.68, F.S., and reenacting subsection
   62         (2), relating to the canvassing of absentee ballots;
   63         authorizing the supervisor to use the elector’s
   64         signature in a precinct register to compare with the
   65         elector’s signature on the voter’s certificate;
   66         providing that an absentee ballot must clearly
   67         identify the name of the witness in order to be
   68         considered legal; requiring the supervisor to provide
   69         the elector with the specific reason his or her ballot
   70         was rejected; requiring the supervisor to allow
   71         electors to complete an affidavit to cure an unsigned
   72         absentee ballot prior to canvassing; providing the
   73         form and contents of the affidavit; providing
   74         instructions to accompany each absentee ballot
   75         affidavit; requiring the affidavit, instructions, and
   76         the supervisor’s office mailing address to be posted
   77         on certain websites; requiring the supervisor to
   78         attach a received affidavit to the appropriate
   79         absentee ballot mailing envelope; amending s.
   80         101.6921, F.S.; revising the voter’s certificate
   81         accompanying a special absentee ballot; amending s.
   82         101.6923, F.S.; revising special absentee ballot
   83         instructions; amending s. 101.6952, F.S.; providing
   84         that absentee ballots received from overseas voters in
   85         certain elections may be received up to 10 days after
   86         the date of the election; amending s. 102.031, F.S.;
   87         revising restrictions relating to the solicitation of
   88         voters; amending s. 102.141, F.S.; revising methods of
   89         selecting canvassing board members; requiring a
   90         supervisor to upload certain canvassed election
   91         results into a county’s election management system
   92         prior to the election; prohibiting public disclosure
   93         of uploaded results before the close of the polls on
   94         election day; amending s. 104.0616, F.S.; providing a
   95         definition for the term “immediate family”;
   96         prohibiting possession of more than two absentee
   97         ballots under certain circumstances; providing an
   98         effective date.
   99  
  100  Be It Enacted by the Legislature of the State of Florida:
  101  
  102         Section 1. Section 97.0555, Florida Statutes, is amended to
  103  read:
  104         97.0555 Late registration.—An individual or accompanying
  105  family member who has been discharged or separated from the
  106  uniformed services or the United States Merchant Marine, has
  107  returned from a combat zone or forward-deployed area, or has
  108  separated from employment outside the territorial limits of the
  109  United States, after the book-closing date for an election
  110  pursuant to s. 97.055 and who is otherwise qualified may
  111  register to vote in such election until 5 p.m. on the Friday
  112  before that election in the office of the supervisor of
  113  elections. Such persons must produce sufficient documentation
  114  showing evidence of qualifying for late registration pursuant to
  115  this section.
  116         Section 2. Section 100.032, Florida Statutes, is created to
  117  read:
  118         100.032Election preparation report; general election.—Each
  119  supervisor of elections must submit a report to the Secretary of
  120  State at least 3 months before a general election which outlines
  121  preparations for the upcoming general election. The report must
  122  include, at a minimum, the following elements: the anticipated
  123  staffing levels during the early voting period, on election day,
  124  and after election day; and the anticipated amount of automatic
  125  tabulating equipment at each early voting site and polling
  126  place.
  127         Section 3. Section 100.061, Florida Statutes, is amended to
  128  read:
  129         100.061 Primary election.—In each year in which a general
  130  election is held, a primary election for nomination of
  131  candidates of political parties shall be held on the Tuesday 10
  132  12 weeks prior to the general election. The candidate receiving
  133  the highest number of votes cast in each contest in the primary
  134  election shall be declared nominated for such office. If two or
  135  more candidates receive an equal and highest number of votes for
  136  the same office, such candidates shall draw lots to determine
  137  which candidate is nominated.
  138         Section 4. Subsection (3) of section 101.161, Florida
  139  Statutes, is amended to read:
  140         101.161 Referenda; ballots.—
  141         (3)(a) Each joint resolution that proposes a constitutional
  142  amendment or revision shall include one or more ballot
  143  statements set forth in order of priority. Each ballot statement
  144  shall consist of a ballot title, by which the measure is
  145  commonly referred to or spoken of, not exceeding 15 words in
  146  length, and either a ballot summary that describes the chief
  147  purpose of the amendment or revision in clear and unambiguous
  148  language, or the full text of the amendment or revision. If a
  149  joint resolution that proposes a constitutional amendment or
  150  revision contains only one ballot statement, the ballot summary
  151  may not exceed 75 words in length. If a joint resolution that
  152  proposes a constitutional amendment or revision contains more
  153  than one ballot statement, the first ballot summary, in order of
  154  priority, may not exceed 75 words in length.
  155         (b) The Department of State shall furnish a designating
  156  number pursuant to subsection (2) and the appropriate ballot
  157  statement to the supervisor of elections of each county. The
  158  ballot statement shall be printed on the ballot after the list
  159  of candidates, followed by the word “yes” and also by the word
  160  “no,” and shall be styled in such a manner that a “yes” vote
  161  will indicate approval of the amendment or revision and a “no”
  162  vote will indicate rejection.
  163         (c)(b)1. Any action for a judicial determination that one
  164  or more ballot statements embodied in a joint resolution are
  165  defective must be commenced by filing a complaint or petition
  166  with the appropriate court within 30 days after the joint
  167  resolution is filed with the Secretary of State. The complaint
  168  or petition shall assert all grounds for challenge to each
  169  ballot statement. Any ground not asserted within 30 days after
  170  the joint resolution is filed with the Secretary of State is
  171  waived.
  172         2. The court, including any appellate court, shall accord
  173  an action described in subparagraph 1. priority over other
  174  pending cases and render a decision as expeditiously as
  175  possible. If the court finds that all ballot statements embodied
  176  in a joint resolution are defective and further appeals are
  177  declined, abandoned, or exhausted, unless otherwise provided in
  178  the joint resolution, the Attorney General shall, within 10
  179  days, prepare and submit to the Department of State a revised
  180  ballot title or ballot summary that corrects the deficiencies
  181  identified by the court, and the Department of State shall
  182  furnish a designating number and the revised ballot title or
  183  ballot summary to the supervisor of elections of each county for
  184  placement on the ballot. The revised ballot summary may exceed
  185  75 words in length. The court shall retain jurisdiction over
  186  challenges to a revised ballot title or ballot summary prepared
  187  by the Attorney General, and any challenge to a revised ballot
  188  title or ballot summary must be filed within 10 days after a
  189  revised ballot title or ballot summary is submitted to the
  190  Department of State.
  191         3. A ballot statement that consists of the full text of an
  192  amendment or revision shall be presumed to be a clear and
  193  unambiguous statement of the substance and effect of the
  194  amendment or revision, providing fair notice to the electors of
  195  the content of the amendment or revision and sufficiently
  196  advising electors of the issue upon which they are to vote.
  197         Section 5. Subsection (3) of section 101.5605, Florida
  198  Statutes, is amended to read:
  199         101.5605 Examination and approval of equipment.—
  200         (3)(a) Before the Department of State approves the
  201  electronic or electromechanical voting system, the person who
  202  submitted it for examination shall provide the department with
  203  the name, mailing address, and telephone number of a registered
  204  agent, which agent must have and continuously maintain an office
  205  in this state. Any change in the name, address, or telephone
  206  number of the registered agent shall promptly be made known to
  207  the department.
  208         (b) Before entering into a contract for the sale or lease
  209  of a voting system approved under this section to any county,
  210  the person entering into such contract shall provide the
  211  department with the name, mailing address, and telephone number
  212  of a registered agent, which agent must have and continuously
  213  maintain an office in this state. Any change in the name,
  214  address, or telephone number of the registered agent shall
  215  promptly be made known to the department.
  216         (c) The department’s proof of delivery or attempted
  217  delivery to the last mailing address of the registered agent on
  218  file with the department at the time of delivery or attempted
  219  delivery is valid for all notice purposes.
  220         (d) Within 30 days after completing the examination and
  221  upon approval of any electronic or electromechanical voting
  222  system, the Department of State shall make and maintain a report
  223  on the system, together with a written or printed description
  224  and drawings and photographs clearly identifying the system and
  225  the operation thereof. As soon as practicable after such filing,
  226  the department shall send a notice of certification and, upon
  227  request, a copy of the report to the governing bodies of the
  228  respective counties of the state. Any voting system that does
  229  not receive the approval of the department may shall not be
  230  adopted for or used at any election.
  231         (e)(b) After a voting system has been approved by the
  232  Department of State, any change or improvement in the system is
  233  required to be approved by the department prior to the adoption
  234  of such change or improvement by any county. If any such change
  235  or improvement does not comply with the requirements of this
  236  act, the department shall suspend all sales of the equipment or
  237  system in the state until the equipment or system complies with
  238  the requirements of this act.
  239         Section 6. Section 101.56065, Florida Statutes, is created
  240  to read:
  241         101.56065Voting system defects; disclosure;
  242  investigations; penalties.—
  243         (1) For purposes of this section, the term “defect” means:
  244         (a) Any failure, fault, or flaw in an electronic or
  245  electromechanical voting system approved pursuant to s. 101.5605
  246  which results in nonconformance with the standards under which
  247  the voting system was approved in a manner that affects the
  248  accuracy of the casting or counting of ballots; or
  249         (b) Any failure or inability of the voting system
  250  manufacturer or vendor to make available hardware or software to
  251  the counties that have purchased the approved voting system, the
  252  unavailability of which results in the system’s nonconformance
  253  with the standards under which the voting system was approved in
  254  a manner that affects the accuracy of the casting or counting of
  255  ballots.
  256         (2)(a) Any person who submits a voting system for approval
  257  by the Department of State in accordance with s. 101.5605 which
  258  was approved by the department prior to the effective date of
  259  this section, and any person who has sold or leased to a county
  260  any voting system approved by the department prior to the
  261  effective date of this section, shall file with the department a
  262  disclosure of any defect in the voting system. If there are no
  263  defects in the voting system, the person shall state in the
  264  disclosure that no defects exist in the voting system.
  265         (b) The disclosure required under this subsection must
  266  identify the defect, if any, the effect of the defect on the
  267  operation and use of the approved voting system, and any known
  268  corrective measures that users of the voting system may take to
  269  cure the defect, including, but not limited to, advisories and
  270  bulletins issued to users of the system. Implementation of
  271  corrective measures approved by the department which enable a
  272  system to conform to the standards under which the system was
  273  approved and ensure the accuracy of the casting and counting of
  274  ballots constitutes a cure of a defect.
  275         (c) Each person required to file a disclosure or statement
  276  under paragraph (a) shall file it no later than January 1, 2014,
  277  and, thereafter, shall file it no later than January 1 of every
  278  odd-numbered year. The disclosure or statement required to be
  279  filed by January 1, 2014, must include information regarding the
  280  filer’s registered agent as provided in s. 101.5605(3).
  281         (d) If at any time a person who has submitted a voting
  282  system for approval by the department in accordance with s.
  283  101.5605 or any person who has sold or leased to a county any
  284  voting system approved by the department becomes aware of the
  285  existence of a defect in a system that person has submitted for
  286  approval or sold or leased to a county, that person shall file
  287  with the department a disclosure of the defect within 30 days
  288  after a determination by that person that the defect exists.
  289         (e) If a person discloses to the department that a defect
  290  exists in a voting system, the department may suspend all sales
  291  or leases of the voting system in the state and may suspend the
  292  use of the system in any elections in the state. The department
  293  shall provide written notice of any such suspension to the
  294  supervisor of elections in each county in which use of the
  295  voting system is suspended. If the department at any time
  296  determines that the defect no longer exists, the department may
  297  lift the suspension. The department shall provide written notice
  298  that the suspension has been lifted to the supervisor of
  299  elections in each county in which use of the voting system was
  300  suspended.
  301         (f) If no person files a required disclosure for a voting
  302  system previously approved by the department, that system may
  303  not be approved for sale or lease in the state or for use in
  304  elections in the state. The department shall provide written
  305  notice to all supervisors of elections that the system is no
  306  longer approved. After approval of a system has been withdrawn
  307  pursuant to this paragraph, no such system may be sold or leased
  308  or used in any election in the state until it has been submitted
  309  for examination and approval and adopted for use pursuant to s.
  310  101.5605.
  311         (3)(a) When the department has reasonable cause to believe
  312  a voting system approved pursuant to s. 101.5605 contains a
  313  defect either before, during, or after an election which has not
  314  been disclosed pursuant to subsection (2), the department may
  315  investigate whether the voting system has a defect.
  316         (b) The department may initiate an investigation pursuant
  317  to paragraph (a) on its own initiative or upon the written
  318  request of the supervisor of elections of a county that
  319  purchased or leased a voting system which contains the alleged
  320  defect.
  321         (c) Upon initiating an investigation, the department shall
  322  provide written notice to any person who submitted the voting
  323  system for approval by the department in accordance with s.
  324  101.5605, any person who has entered into a contract with any
  325  county for the sale or lease of the voting system to any county,
  326  and all of the supervisors of elections.
  327         (d) In order to carry out the responsibilities prescribed
  328  by this section, the department is empowered to subpoena and
  329  bring before its duly authorized representatives any person in
  330  the state or doing business in the state, or any person who has
  331  filed or is required to have filed any application, document,
  332  papers, or other information with an office or agency of this
  333  state or a political subdivision thereof, to require the
  334  production of papers, books, or other records relevant to any
  335  investigation. Duly authorized representatives of the department
  336  are empowered to administer all oaths and affirmations in the
  337  manner prescribed by law to witnesses who appear before them
  338  concerning any relevant matter of the investigation. Should any
  339  witness fail to respond to the lawful subpoena of the department
  340  or fail to answer all lawful inquiries or to turn over evidence
  341  that has been subpoenaed, the department may file a complaint
  342  before any circuit court of the state, upon the filing of which
  343  the court shall take jurisdiction of the witness and the subject
  344  matter of said complaint and shall direct the witness to respond
  345  to all lawful questions and to produce all documentary evidence
  346  in the witness’s possession which is lawfully demanded. The
  347  failure of any witness to comply with such order of the court
  348  constitutes a direct and criminal contempt of court, and the
  349  court shall punish said witness accordingly.
  350         (e) The department shall prepare a written report of any
  351  investigation conducted pursuant to this section.
  352         (4)(a) If the department determines by a preponderance of
  353  evidence that a defect exists in the voting system, the
  354  department shall provide written notice to any person who
  355  submitted the voting system for approval by the department in
  356  accordance with s. 101.5605 and any person who entered into a
  357  contract for the sale or lease of the voting system to any
  358  county in which the system contains the defect.
  359         (b) A person entitled to receive notice pursuant to
  360  paragraph (a) shall, within 10 days, file a written response to
  361  the department which:
  362         1. Denies that the alleged defect exists or existed as
  363  alleged by the department and sets forth the reasons for such
  364  denial; or
  365         2. Admits that the defect exists or existed as alleged by
  366  the department.
  367         (c) If the defect has been cured, the person shall provide
  368  an explanation of how the defect was cured.
  369         (d) If the defect has not been cured, the person shall
  370  inform the department whether the defect can be cured and may
  371  provide to the department a plan for curing the defect. If the
  372  defect can be cured, the department shall establish a timeframe
  373  within which the defect must be cured, and may consult the
  374  person filing the response before establishing this timeframe.
  375         (5) If after receiving a response from a person entitled to
  376  notice, the department determines that a defect does not exist
  377  or has been cured within the timeframe established by the
  378  department, the department shall take no further action.
  379         (6)If the department determines that a defect exists and a
  380  person entitled to notice has not filed a written response or
  381  has failed to cure a defect within the timeframe established by
  382  the department, or if the defect cannot be cured, the department
  383  shall impose a civil penalty of $25,000 for the defect plus an
  384  amount equal to the actual costs incurred by the department in
  385  conducting the investigation against:
  386         (a) Any person who submitted the voting system for approval
  387  by the department in accordance with s. 101.5605.
  388         (b) Any person who entered into a contract with any county
  389  for the sale or lease of the voting system to any county in
  390  which the defect existed.
  391         (7) If the department finds that a defect existed:
  392         (a)The department may suspend all sales and leases of the
  393  voting system that is the subject of the investigation and may
  394  suspend its use in any county in the state. The department shall
  395  provide written notice of the suspension to the supervisor of
  396  elections in each county in which use of the voting system is
  397  suspended.
  398         (b) If the department determines that a defect no longer
  399  exists in a voting system that has been suspended from use
  400  pursuant to paragraph (a), the department may lift the
  401  suspension and authorize the sale, lease, and use of the voting
  402  system in any election in the state. The department shall
  403  provide written notice that the suspension has been lifted and
  404  the voting system is authorized for sale and lease and use in
  405  elections to the supervisor of elections in each county in which
  406  use of the voting system was suspended.
  407         (c) If the defect cannot be cured, the department may
  408  disapprove the voting system for use in elections in the state.
  409  The department shall provide written notice to all supervisors
  410  of elections that the system is no longer approved. After
  411  approval of a system has been withdrawn pursuant to this
  412  paragraph, the system may not be sold, leased, or used in
  413  elections in the state until it has been submitted for
  414  examination and approval and adopted for use pursuant to s.
  415  101.5605.
  416         (d) Any person against whom a civil penalty was imposed
  417  under this section may not enter into a contract for sale or
  418  lease of a voting system in the state until the civil penalties
  419  have been paid and the department provides written confirmation
  420  to the supervisors of elections of the payment.
  421         (8) The authority of the department under this section is
  422  in addition to, and not exclusive of, any other authority
  423  provided by law.
  424         (9) All proceedings under this section are exempt from
  425  chapter 120.
  426         Section 7. Subsection (4) of section 101.56075, Florida
  427  Statutes, is repealed.
  428         Section 8. Subsections (1) and (2) of section 101.591,
  429  Florida Statutes, are amended, and subsection (4) of that
  430  section is republished, to read:
  431         101.591 Voting system audit.—
  432         (1) Immediately following the certification of each
  433  election, the county canvassing board or the local board
  434  responsible for certifying the election shall conduct a manual
  435  audit or an automated, independent audit of the voting systems
  436  used in randomly selected precincts.
  437         (2)(a)A manual The audit shall consist of a public manual
  438  tally of the votes cast in one randomly selected race that
  439  appears on the ballot. The tally sheet shall include election
  440  day, absentee, early voting, provisional, and overseas ballots,
  441  in at least 1 percent but no more than 2 percent of the
  442  precincts chosen at random by the county canvassing board or the
  443  local board responsible for certifying the election. If 1
  444  percent of the precincts is less than one entire precinct, the
  445  audit shall be conducted using at least one precinct chosen at
  446  random by the county canvassing board or the local board
  447  responsible for certifying the election. Such precincts shall be
  448  selected at a publicly noticed canvassing board meeting.
  449         (b) An automated audit shall consist of a public automated
  450  tally of the votes cast across every race that appears on the
  451  ballot. The tally sheet shall include election day, absentee,
  452  early voting, provisional, and overseas ballots in at least 20
  453  percent of the precincts chosen at random by the county
  454  canvassing board or the local board responsible for certifying
  455  the election. Such precincts shall be selected at a publicly
  456  noticed canvassing board meeting.
  457         (c) The division shall adopt rules for approval of an
  458  independent audit system which provide that the system, at a
  459  minimum, must be:
  460         1. Completely independent of the primary voting system.
  461         2. Fast enough to produce final audit results within the
  462  timeframe prescribed in subsection (4).
  463         3. Capable of demonstrating that the ballots of record have
  464  been accurately adjudicated by the audit system.
  465         (4) The audit must be completed and the results made public
  466  no later than 11:59 p.m. on the 7th day following certification
  467  of the election by the county canvassing board or the local
  468  board responsible for certifying the election.
  469         Section 9. Subsections (1) and (3) and paragraph (c) of
  470  subsection (4) of section 101.62, Florida Statutes, are amended
  471  to read:
  472         101.62 Request for absentee ballots.—
  473         (1)(a) The supervisor shall accept a request for an
  474  absentee ballot from an elector in person or in writing. One
  475  request shall be deemed sufficient to receive an absentee ballot
  476  for all elections through the end of the calendar year of the
  477  second ensuing regularly scheduled general election, unless the
  478  elector or the elector’s designee indicates at the time the
  479  request is made the elections for which the elector desires to
  480  receive an absentee ballot. Such request may be considered
  481  canceled when any first-class mail sent by the supervisor to the
  482  elector is returned as undeliverable.
  483         (b) The supervisor may accept a written or telephonic
  484  request for an absentee ballot to be mailed to an elector’s
  485  address on file in the Florida Voter Registration System from
  486  the elector, or, if directly instructed by the elector, a member
  487  of the elector’s immediate family, or the elector’s legal
  488  guardian; if the ballot is requested to be mailed to an address
  489  other than the elector’s address on file in the Florida Voter
  490  Registration System, the request must be made in writing and
  491  signed by the elector. For purposes of this section, the term
  492  “immediate family” has the same meaning as specified in
  493  paragraph (4)(c). The person making the request must disclose:
  494         1. The name of the elector for whom the ballot is
  495  requested.
  496         2. The elector’s address.
  497         3. The elector’s date of birth.
  498         4. The requester’s name.
  499         5. The requester’s address.
  500         6. The requester’s driver’s license number, if available.
  501         7. The requester’s relationship to the elector.
  502         8. The requester’s signature (written requests only).
  503         (c) Upon receiving a request for an absentee ballot from an
  504  absent voter, the supervisor of elections shall notify the voter
  505  of the free access system that has been designated by the
  506  department for determining the status of his or her absentee
  507  ballot.
  508         (3) For each request for an absentee ballot received, the
  509  supervisor shall record the date the request was made, the date
  510  the absentee ballot was delivered to the voter or the voter’s
  511  designee or the date the absentee ballot was delivered to the
  512  post office or other carrier, the date the ballot was received
  513  by the supervisor, the absence of the voter’s signature on the
  514  voter’s certificate, if applicable, and such other information
  515  he or she may deem necessary. This information shall be provided
  516  in electronic format as provided by rule adopted by the
  517  division. The information shall be updated and made available no
  518  later than 8 a.m. of each day, including weekends, beginning 60
  519  days before the primary until 15 days after the general election
  520  and shall be contemporaneously provided to the division. This
  521  information shall be confidential and exempt from the provisions
  522  of s. 119.07(1) and shall be made available to or reproduced
  523  only for the voter requesting the ballot, a canvassing board, an
  524  election official, a political party or official thereof, a
  525  candidate who has filed qualification papers and is opposed in
  526  an upcoming election, and registered political committees or
  527  registered committees of continuous existence, for political
  528  purposes only.
  529         (4)
  530         (c) The supervisor shall provide an absentee ballot to each
  531  elector by whom a request for that ballot has been made by one
  532  of the following means:
  533         1. By nonforwardable, return-if-undeliverable mail to the
  534  elector’s current mailing address on file with the supervisor or
  535  any other address the elector specifies in the request.
  536         2. By forwardable mail, e-mail, or facsimile machine
  537  transmission to absent uniformed services voters and overseas
  538  voters. The absent uniformed services voter or overseas voter
  539  may designate in the absentee ballot request the preferred
  540  method of transmission. If the voter does not designate the
  541  method of transmission, the absentee ballot shall be mailed.
  542         3. By personal delivery before 7 p.m. on election day to
  543  the elector, upon presentation of the identification required in
  544  s. 101.043.
  545         4. By delivery to a designee on election day or up to 5
  546  days prior to the day of an election. Any elector may designate
  547  in writing a person to pick up the ballot for the elector;
  548  however, the person designated may not pick up more than two
  549  absentee ballots per election, other than the designee’s own
  550  ballot, except that additional ballots may be picked up for
  551  members of the designee’s immediate family. For purposes of this
  552  section, “immediate family” means the designee’s spouse or the
  553  parent, child, grandparent, or sibling of the designee or of the
  554  designee’s spouse. The designee shall provide to the supervisor
  555  the written authorization by the elector and a picture
  556  identification of the designee and must complete an affidavit.
  557  The designee shall state in the affidavit that the designee is
  558  authorized by the elector to pick up that ballot and shall
  559  indicate if the elector is a member of the designee’s immediate
  560  family and, if so, the relationship. The department shall
  561  prescribe the form of the affidavit. If the supervisor is
  562  satisfied that the designee is authorized to pick up the ballot
  563  and that the signature of the elector on the written
  564  authorization matches the signature of the elector on file, the
  565  supervisor shall give the ballot to that designee for delivery
  566  to the elector.
  567         5. Except as provided in s. 101.655, the supervisor may not
  568  deliver an absentee ballot to an elector or an elector’s
  569  immediate family member on the day of the election unless there
  570  is an emergency, to the extent that the elector will be unable
  571  to go to his or her assigned polling place. If an absentee
  572  ballot is delivered, the elector or his or her designee shall
  573  execute an affidavit affirming to the facts which allow for
  574  delivery of the absentee ballot. The department shall adopt a
  575  rule providing for the form of the affidavit.
  576         Section 10. Subsections (1) through (3) of section 101.64,
  577  Florida Statutes, are amended to read:
  578         101.64 Delivery of absentee ballots; envelopes; form.—
  579         (1) The supervisor shall enclose with each absentee ballot
  580  two envelopes: a secrecy envelope, into which the absent elector
  581  shall enclose his or her marked ballot; and a mailing envelope,
  582  into which the absent elector shall then place the secrecy
  583  envelope, which shall be addressed to the supervisor and also
  584  bear on the back side a certificate in substantially the
  585  following form:
  586  
  587           Note: Please Read Instructions Carefully Before         
  588         Marking Ballot and Completing Voter’s Certificate.        
  589  
  590                         VOTER’S CERTIFICATE                       
  591         I, ...., do solemnly swear or affirm that I am a qualified
  592  and registered voter of .... County, Florida, and that I have
  593  not and will not vote more than one ballot in this election. I
  594  understand that if I commit or attempt to commit any fraud in
  595  connection with voting, vote a fraudulent ballot, or vote more
  596  than once in an election, I can be convicted of a felony of the
  597  third degree and fined up to $5,000 and/or imprisoned for up to
  598  5 years. I also understand that failure to sign this certificate
  599  will invalidate my ballot.
  600  
  601  ...(Date)...                           ...(Voter’s Signature)...
  602  
  603  Note: Your Signature Must Be Witnessed by One Witness 18 Years
  604  of Age or Older as Provided in the Instruction Sheet.
  605  
  606  I swear or affirm that the voter signed this Voter’s Certificate
  607  in my presence.
  608  
  609  ...(Signature of Witness)...
  610  
  611  ...(Printed Name of Witness)...
  612  
  613  ...(Date)...
  614  ...(Address)...
  615  
  616         (2) The certificate shall be arranged on the back of the
  617  mailing envelope so that the line for the signature of the
  618  absent elector is across the seal of the envelope; however, no
  619  statement shall appear on the envelope which indicates that a
  620  signature of the voter must cross the seal of the envelope. The
  621  absent elector and the attesting witness shall execute the
  622  certificate on the envelope. A candidate may not serve as an
  623  attesting witness.
  624         (3) In lieu of the voter’s certificate provided in this
  625  section, the supervisor of elections shall provide each person
  626  voting absentee under the Uniformed and Overseas Citizens
  627  Absentee Voting Act with the standard oath prescribed by the
  628  presidential designee with an appended section in substantially
  629  the following form:.
  630  
  631  Witness signature and date:
  632  
  633  ...(Signature of Witness)...
  634  
  635  ...(Printed Name of Witness)...
  636  
  637  ...(Address)...
  638  ...(Date)...
  639         Section 11. Section 101.65, Florida Statutes, is amended to
  640  read:
  641         101.65 Instructions to absent electors.—The supervisor
  642  shall enclose with each absentee ballot separate printed
  643  instructions in substantially the following form:
  644  
  645         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
  646         1. VERY IMPORTANT. In order to ensure that your absentee
  647  ballot will be counted, it should be completed and returned as
  648  soon as possible so that it can reach the supervisor of
  649  elections of the county in which your precinct is located no
  650  later than 7 p.m. on the day of the election. However, if you
  651  are an overseas voter casting a ballot in a presidential
  652  preference primary or general election, your absentee ballot
  653  must be postmarked or signed and dated no later than the date of
  654  the election and received by the supervisor of elections of the
  655  county in which you are registered to vote no later than 10 days
  656  after the date of the election.
  657         2. Mark your ballot in secret as instructed on the ballot.
  658  You must mark your own ballot unless you are unable to do so
  659  because of blindness, disability, or inability to read or write.
  660         3. Mark only the number of candidates or issue choices for
  661  a race as indicated on the ballot. If you are allowed to “Vote
  662  for One” candidate and you vote for more than one candidate,
  663  your vote in that race will not be counted.
  664         4. Place your marked ballot in the enclosed secrecy
  665  envelope.
  666         5. Insert the secrecy envelope into the enclosed mailing
  667  envelope which is addressed to the supervisor.
  668         6. Seal the mailing envelope and completely fill out the
  669  Voter’s Certificate on the back of the mailing envelope.
  670         7. VERY IMPORTANT. In order for your absentee ballot to be
  671  counted, you must sign your name on the line above (Voter’s
  672  Signature). An absentee ballot will be considered illegal and
  673  not be counted if the signature on the voter’s certificate does
  674  not match the signature on record. The signature on file at the
  675  start of the canvass of the absentee ballots is the signature
  676  that will be used to verify your signature on the voter’s
  677  certificate. If you need to update your signature for this
  678  election, send your signature update on a voter registration
  679  application to your supervisor of elections so that it is
  680  received no later than the start of the canvassing of absentee
  681  ballots, which occurs no earlier than the 15th day before
  682  election day.
  683         8. VERY IMPORTANT. In order for your absentee ballot to be
  684  counted, it must include the signature and legible address of an
  685  attesting witness 18 years of age or older affixed to the
  686  Voter’s Certificate. If the signature is illegible, the Voter’s
  687  Certificate must also include a readable printed name of the
  688  attesting witness. A candidate may not serve as an attesting
  689  witness.
  690         9.8. VERY IMPORTANT. If you are an overseas voter, you must
  691  include the date you signed the Voter’s Certificate on the line
  692  above (Date) or your ballot may not be counted.
  693         10.9. Mail, deliver, or have delivered the completed
  694  mailing envelope. Be sure there is sufficient postage if mailed.
  695         11.10. FELONY NOTICE. It is a felony under Florida law to
  696  accept any gift, payment, or gratuity in exchange for your vote
  697  for a candidate. It is also a felony under Florida law to vote
  698  in an election using a false identity or false address, or under
  699  any other circumstances making your ballot false or fraudulent.
  700         Section 12. Paragraphs (a) and (d) of subsection (1) of
  701  section 101.657, Florida Statutes, are amended to read:
  702         101.657 Early voting.—
  703         (1)(a) As a convenience to the voter, the supervisor of
  704  elections shall allow an elector to vote early in the main or
  705  branch office of the supervisor. The supervisor shall mark,
  706  code, indicate on, or otherwise track the voter’s precinct for
  707  each early voted ballot. In order for a branch office to be used
  708  for early voting, it shall be a permanent facility of the
  709  supervisor and shall have been designated and used as such for
  710  at least 1 year prior to the election. The supervisor may also
  711  designate any city hall, or permanent public library facility,
  712  fairground, civic center, courthouse, county commission
  713  building, stadium, convention center, government-owned senior
  714  center, or government-owned community center as early voting
  715  sites; however, if so designated, the sites must be
  716  geographically located so as to provide all voters in the county
  717  an equal opportunity to cast a ballot, insofar as is
  718  practicable. Each county shall, at a minimum, operate the same
  719  total number of early voting sites that the county used for the
  720  2012 general election. If a supervisor is unable to provide an
  721  early voting site in an area of the county due to the
  722  nonexistence of any of the designated locations, the supervisor
  723  may designate one early voting site that is geographically
  724  located to provide all voters an equal opportunity to vote early
  725  in that area. The results or tabulation of votes cast during
  726  early voting may not be made before the close of the polls on
  727  election day. Results shall be reported by precinct.
  728         (d) Early voting shall begin on the 10th day before an
  729  election that contains state or federal races and end on the 3rd
  730  day before the election, and shall be provided for no less than
  731  8 6 hours and no more than 12 hours per day at each site during
  732  the applicable period. In addition, early voting may be offered
  733  at the discretion of the supervisor of elections on the 15th,
  734  14th, 13th, 12th, 11th, or 2nd day before an election that
  735  contains state or federal races for at least 8 hours per day,
  736  but not more than 12 hours per day. The supervisor of elections
  737  may provide early voting for elections that are not held in
  738  conjunction with a state or federal election. However, the
  739  supervisor has the discretion to determine the hours of
  740  operation of early voting sites in those elections.
  741         Section 13. Subsection (2) of section 101.67, Florida
  742  Statutes, is amended to read:
  743         101.67 Safekeeping of mailed ballots; deadline for
  744  receiving absentee ballots.—
  745         (2) Except as provided in s. 101.6952(5), all marked absent
  746  electors’ ballots to be counted must be received by the
  747  supervisor by 7 p.m. the day of the election. All ballots
  748  received thereafter shall be marked with the time and date of
  749  receipt and filed in the supervisor’s office.
  750         Section 14. Subsections (1) and (4) of section 101.68,
  751  Florida Statutes, are amended, and subsection (2) of that
  752  section is reenacted and amended, to read:
  753         101.68 Canvassing of absentee ballot.—
  754         (1) The supervisor of the county where the absent elector
  755  resides shall receive the voted ballot, at which time the
  756  supervisor shall compare the signature of the elector on the
  757  voter’s certificate with the signature of the elector in the
  758  registration books or the precinct register to determine whether
  759  the elector is duly registered in the county and may record on
  760  the elector’s registration certificate that the elector has
  761  voted. However, effective July 1, 2005, an elector who dies
  762  after casting an absentee ballot but on or before election day
  763  shall remain listed in the registration books until the results
  764  have been certified for the election in which the ballot was
  765  cast. The supervisor shall safely keep the ballot unopened in
  766  his or her office until the county canvassing board canvasses
  767  the vote. Except as provided in subsection (4), after an
  768  absentee ballot is received by the supervisor, the ballot is
  769  deemed to have been cast, and changes or additions may not be
  770  made to the voter’s certificate.
  771         (2)(a) The county canvassing board may begin the canvassing
  772  of absentee ballots at 7 a.m. on the 15th day before the
  773  election, but not later than noon on the day following the
  774  election. In addition, for any county using electronic
  775  tabulating equipment, the processing of absentee ballots through
  776  such tabulating equipment may begin at 7 a.m. on the 15th day
  777  before the election. However, notwithstanding any such
  778  authorization to begin canvassing or otherwise processing
  779  absentee ballots early, no result shall be released until after
  780  the closing of the polls in that county on election day. Any
  781  supervisor of elections, deputy supervisor of elections,
  782  canvassing board member, election board member, or election
  783  employee who releases the results of a canvassing or processing
  784  of absentee ballots prior to the closing of the polls in that
  785  county on election day commits a felony of the third degree,
  786  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  787         (b) To ensure that all absentee ballots to be counted by
  788  the canvassing board are accounted for, the canvassing board
  789  shall compare the number of ballots in its possession with the
  790  number of requests for ballots received to be counted according
  791  to the supervisor’s file or list.
  792         (c)1. The canvassing board shall, if the supervisor has not
  793  already done so, compare the signature of the elector on the
  794  voter’s certificate or on the absentee ballot affidavit as
  795  provided in subsection (4) with the signature of the elector in
  796  the registration books or the precinct register to see that the
  797  elector is duly registered in the county and to determine the
  798  legality of that absentee ballot. The ballot of an elector who
  799  casts an absentee ballot shall be counted even if the elector
  800  dies on or before election day, as long as, prior to the death
  801  of the voter, the ballot was postmarked by the United States
  802  Postal Service, date-stamped with a verifiable tracking number
  803  by common carrier, or already in the possession of the
  804  supervisor of elections. An absentee ballot shall be considered
  805  illegal if the voter’s certificate or absentee ballot affidavit
  806  it does not include the signature of the elector, as shown by
  807  the registration records or the precinct register, along with
  808  the signature and legible address of an attesting witness;
  809  however, if the signature of the attesting witness is illegible,
  810  the printed name of the attesting witness must clearly identify
  811  the name of the witness or the ballot shall be considered
  812  illegal. However, an absentee ballot is shall not be considered
  813  illegal if the signature of the elector does not cross the seal
  814  of the mailing envelope. If the canvassing board determines that
  815  any ballot is illegal, a member of the board shall, without
  816  opening the envelope, mark across the face of the envelope:
  817  “rejected as illegal.” The absentee ballot affidavit, if
  818  applicable, the envelope and the ballot contained therein shall
  819  be preserved in the manner that official ballots voted are
  820  preserved.
  821         2. If any elector or candidate present believes that an
  822  absentee ballot is illegal due to a defect apparent on the
  823  voter’s certificate or the absentee ballot affidavit, he or she
  824  may, at any time before the ballot is removed from the envelope,
  825  file with the canvassing board a protest against the canvass of
  826  that ballot, specifying the precinct, the ballot, and the reason
  827  he or she believes the ballot to be illegal. A challenge based
  828  upon a defect in the voter’s certificate or absentee ballot
  829  affidavit may not be accepted after the ballot has been removed
  830  from the mailing envelope.
  831         (d) The canvassing board shall record the ballot upon the
  832  proper record, unless the ballot has been previously recorded by
  833  the supervisor. The mailing envelopes shall be opened and the
  834  secrecy envelopes shall be mixed so as to make it impossible to
  835  determine which secrecy envelope came out of which signed
  836  mailing envelope; however, in any county in which an electronic
  837  or electromechanical voting system is used, the ballots may be
  838  sorted by ballot styles and the mailing envelopes may be opened
  839  and the secrecy envelopes mixed separately for each ballot
  840  style. The votes on absentee ballots shall be included in the
  841  total vote of the county.
  842         (4)(a) The supervisor of elections shall, on behalf of the
  843  county canvassing board, notify each elector whose ballot was
  844  rejected as illegal and provide the specific reason the ballot
  845  was rejected because of a difference between the elector’s
  846  signature on the ballot and that on the elector’s voter
  847  registration record. The supervisor shall mail a voter
  848  registration application to the elector to be completed
  849  indicating the elector’s current signature if the elector’s
  850  ballot was rejected due to a difference between the elector’s
  851  signature on the voter’s certificate or absentee ballot
  852  affidavit and the elector’s signature in the registration books
  853  or precinct register. This section does not prohibit the
  854  supervisor from providing additional methods for updating an
  855  elector’s signature.
  856         (b) If the canvassing board has not begun the canvassing of
  857  absentee ballots pursuant to subsection (2), the supervisor
  858  shall allow an elector who has returned an absentee ballot that
  859  does not include the elector’s signature to complete an
  860  affidavit in order to cure the unsigned absentee ballot.
  861         (c) The elector shall provide identification to the
  862  supervisor and must complete an absentee ballot affidavit in
  863  substantially the following form:
  864  
  865                      ABSENTEE BALLOT AFFIDAVIT                    
  866         I, ...., am a qualified voter in this election and
  867  registered voter of .... County, Florida. I do solemnly swear or
  868  affirm that I requested and returned the absentee ballot and
  869  that I have not and will not vote more than one ballot in this
  870  election. I understand that if I commit or attempt any fraud in
  871  connection with voting, vote a fraudulent ballot, or vote more
  872  than once in an election, I may be convicted of a felony of the
  873  third degree and fined up to $5,000 and imprisoned for up to 5
  874  years. I understand that my failure to sign this affidavit means
  875  that my absentee ballot will be invalidated.
  876  
  877  ...(Voter’s Signature)...
  878  
  879  ...(Address)...
  880  
  881  Note: Your Signature Must Be Witnessed by One Witness 18 Years
  882  of Age or Older.
  883  
  884         I swear or affirm that the voter signed this Absentee
  885  Ballot Affidavit in my presence.
  886  
  887  ...(Signature of Witness)...
  888  
  889  ...(Printed Name of Witness)...
  890  
  891  ...(Date)...
  892  ...(Address)...
  893  
  894         (d) Instructions must accompany the absentee ballot
  895  affidavit in substantially the following form:
  896  
  897         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  898  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  899  BALLOT NOT TO COUNT.
  900  
  901         1. In order to ensure that your absentee ballot will be
  902  counted, your affidavit should be completed and returned as soon
  903  as possible so that it can reach the supervisor of elections of
  904  the county in which your precinct is located no later than the
  905  start of the canvassing of absentee ballots, which occurs no
  906  earlier than the 15th day before an election.
  907         2. You must sign your name on the line above (Voter’s
  908  Signature).
  909         3. You must have your signature witnessed by a person 18
  910  years of age or older. Have the witness sign on the line above
  911  (Signature of Witness) and include his or her legible address.
  912  If the signature is illegible, the affidavit must also include a
  913  readable, printed name of the attesting witness. A candidate may
  914  not serve as an attesting witness.
  915         4. You must make a copy of one of the following forms of
  916  identification:
  917         a. Identification which must include your name and
  918  photograph: United States passport; debit or credit card;
  919  military identification; student identification; retirement
  920  center identification; neighborhood association identification;
  921  or public assistance identification; or
  922         b. Identification which shows your name and current
  923  residence address: current utility bill, bank statement,
  924  government check, paycheck, or government document (excluding
  925  voter identification card).
  926         5. Place the envelope bearing the affidavit into a mailing
  927  envelope addressed to the supervisor. Insert a copy of your
  928  identification in the mailing envelope.
  929         6. Mail, deliver, or have delivered the completed affidavit
  930  along with the copy of your identification to your county
  931  supervisor of elections. Be sure there is sufficient postage if
  932  mailed and that the supervisor’s address is correct.
  933         (e) The department and each supervisor shall include the
  934  affidavit and instructions on their respective websites. The
  935  supervisor must include his or her office’s mailing address on
  936  the page containing the affidavit instructions; the department’s
  937  instruction page must include the office mailing addresses of
  938  all supervisors of elections or provide a conspicuous link to
  939  such addresses.
  940         (f) The supervisor shall attach each affidavit received to
  941  the appropriate absentee ballot mailing envelope.
  942         Section 15. Subsections (3) and (4) of section 101.6921,
  943  Florida Statutes, are amended to read:
  944         101.6921 Delivery of special absentee ballot to certain
  945  first-time voters.—
  946         (3) The Voter’s Certificate shall be in substantially the
  947  following form:
  948  
  949  Note: Please Read Instructions Carefully Before Marking Ballot
  950  and Completing Voter’s Certificate.
  951  
  952                         VOTER’S CERTIFICATE                       
  953  
  954         I, ...., do solemnly swear or affirm that I am a qualified
  955  and registered voter of .... County, Florida, and that I have
  956  not and will not vote more than one ballot in this election. I
  957  understand that if I commit or attempt to commit any fraud in
  958  connection with voting, vote a fraudulent ballot, or vote more
  959  than once in an election, I can be convicted of a felony of the
  960  third degree and fined up to $5,000 and/or imprisoned for up to
  961  5 years. I also understand that failure to sign this certificate
  962  will invalidate my ballot. I understand that unless I meet one
  963  of the exemptions below, I must provide a copy of a current and
  964  valid identification as provided in the instruction sheet to the
  965  supervisor of elections in order for my ballot to count.
  966         I further certify that I am exempt from the requirements to
  967  furnish a copy of a current and valid identification with my
  968  ballot because of one or more of the following (check all that
  969  apply):
  970         ☐ I am 65 years of age or older.
  971         ☐ I have a permanent or temporary physical disability.
  972         ☐ I am a member of a uniformed service on active duty who,
  973  by reason of such active duty, will be absent from the county on
  974  election day.
  975         ☐ I am a member of the Merchant Marine who, by reason of
  976  service in the Merchant Marine, will be absent from the county
  977  on election day.
  978         ☐ I am the spouse or dependent of a member of the uniformed
  979  service or Merchant Marine who, by reason of the active duty or
  980  service of the member, will be absent from the county on
  981  election day.
  982         ☐ I am currently residing outside the United States.
  983  
  984  ...(Date)...                             ...Voter’s Signature...
  985  
  986  Note: Your Signature Must Be Witnessed as Provided in the
  987  Instruction Sheet By One Witness 18 Years of Age or Older.
  988  
  989  I swear or affirm that the voter signed this Voter’s Certificate
  990  in my presence.
  991  
  992  ...(Signature of Witness)...
  993  
  994  ...(Printed Name of Witness)...
  995  
  996  ...(Date)...
  997  ...(Address)...
  998  
  999         (4) The certificate shall be arranged on the back of the
 1000  envelope so that the line for the signature of the absent
 1001  elector is across the seal of the envelope.
 1002         Section 16. Subsection (2) of section 101.6923, Florida
 1003  Statutes, is amended to read:
 1004         101.6923 Special absentee ballot instructions for certain
 1005  first-time voters.—
 1006         (2) A voter covered by this section shall be provided with
 1007  printed instructions with his or her absentee ballot in
 1008  substantially the following form:
 1009  
 1010         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
 1011         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
 1012         YOUR BALLOT NOT TO COUNT.
 1013  
 1014         1. In order to ensure that your absentee ballot will be
 1015  counted, it should be completed and returned as soon as possible
 1016  so that it can reach the supervisor of elections of the county
 1017  in which your precinct is located no later than 7 p.m. on the
 1018  date of the election. However, if you are an overseas voter
 1019  casting a ballot in a presidential preference primary or general
 1020  election, your absentee ballot must be postmarked or signed and
 1021  dated no later than the date of the election and received by the
 1022  supervisor of elections of the county in which you are
 1023  registered to vote no later than 10 days after the date of the
 1024  election.
 1025         2. Mark your ballot in secret as instructed on the ballot.
 1026  You must mark your own ballot unless you are unable to do so
 1027  because of blindness, disability, or inability to read or write.
 1028         3. Mark only the number of candidates or issue choices for
 1029  a race as indicated on the ballot. If you are allowed to “Vote
 1030  for One” candidate and you vote for more than one, your vote in
 1031  that race will not be counted.
 1032         4. Place your marked ballot in the enclosed secrecy
 1033  envelope and seal the envelope.
 1034         5. Insert the secrecy envelope into the enclosed envelope
 1035  bearing the Voter’s Certificate. Seal the envelope and
 1036  completely fill out the Voter’s Certificate on the back of the
 1037  envelope.
 1038         a. You must sign your name on the line above (Voter’s
 1039  Signature).
 1040         b. You must have your signature witnessed by a person 18
 1041  years of age or older. Have the witness sign on the line above
 1042  (Signature of Witness) and include his or her legible address.
 1043  If the signature is illegible, the Voter’s Certificate must also
 1044  include a readable printed name of the attesting witness. A
 1045  candidate may not serve as an attesting witness.
 1046         c.b. If you are an overseas voter, you must include the
 1047  date you signed the Voter’s Certificate on the line above (Date)
 1048  or your ballot may not be counted.
 1049         d.c. An absentee ballot will be considered illegal and will
 1050  not be counted if the signature on the Voter’s Certificate does
 1051  not match the signature on record. The signature on file at the
 1052  start of the canvass of the absentee ballots is the signature
 1053  that will be used to verify your signature on the Voter’s
 1054  Certificate. If you need to update your signature for this
 1055  election, send your signature update on a voter registration
 1056  application to your supervisor of elections so that it is
 1057  received no later than the start of canvassing of absentee
 1058  ballots, which occurs no earlier than the 15th day before
 1059  election day.
 1060         6. Unless you meet one of the exemptions in Item 7., you
 1061  must make a copy of one of the following forms of
 1062  identification:
 1063         a. Identification which must include your name and
 1064  photograph: United States passport; debit or credit card;
 1065  military identification; student identification; retirement
 1066  center identification; neighborhood association identification;
 1067  or public assistance identification; or
 1068         b. Identification which shows your name and current
 1069  residence address: current utility bill, bank statement,
 1070  government check, paycheck, or government document (excluding
 1071  voter identification card).
 1072         7. The identification requirements of Item 6. do not apply
 1073  if you meet one of the following requirements:
 1074         a. You are 65 years of age or older.
 1075         b. You have a temporary or permanent physical disability.
 1076         c. You are a member of a uniformed service on active duty
 1077  who, by reason of such active duty, will be absent from the
 1078  county on election day.
 1079         d. You are a member of the Merchant Marine who, by reason
 1080  of service in the Merchant Marine, will be absent from the
 1081  county on election day.
 1082         e. You are the spouse or dependent of a member referred to
 1083  in paragraph c. or paragraph d. who, by reason of the active
 1084  duty or service of the member, will be absent from the county on
 1085  election day.
 1086         f. You are currently residing outside the United States.
 1087         8. Place the envelope bearing the Voter’s Certificate into
 1088  the mailing envelope addressed to the supervisor. Insert a copy
 1089  of your identification in the mailing envelope. DO NOT PUT YOUR
 1090  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
 1091  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
 1092  BALLOT WILL NOT COUNT.
 1093         9. Mail, deliver, or have delivered the completed mailing
 1094  envelope. Be sure there is sufficient postage if mailed.
 1095         10. FELONY NOTICE. It is a felony under Florida law to
 1096  accept any gift, payment, or gratuity in exchange for your vote
 1097  for a candidate. It is also a felony under Florida law to vote
 1098  in an election using a false identity or false address, or under
 1099  any other circumstances making your ballot false or fraudulent.
 1100         Section 17. Subsection (5) is added to section 101.6952,
 1101  Florida Statutes, to read:
 1102         101.6952 Absentee ballots for absent uniformed services and
 1103  overseas voters.—
 1104         (5) An absentee ballot from an overseas voter in any
 1105  presidential preference primary or general election which is
 1106  postmarked or signed and dated no later than the date of the
 1107  election and is received by the supervisor of elections of the
 1108  county in which the overseas voter is registered no later than
 1109  10 days after the date of the election shall be counted as long
 1110  as the absentee ballot is otherwise proper.
 1111         Section 18. Paragraphs (b) and (d) of subsection (4) of
 1112  section 102.031, Florida Statutes, are amended to read:
 1113         102.031 Maintenance of good order at polls; authorities;
 1114  persons allowed in polling rooms and early voting areas;
 1115  unlawful solicitation of voters.—
 1116         (4)
 1117         (b) For the purpose of this subsection, the terms “solicit”
 1118  or “solicitation” shall include, but not be limited to, seeking
 1119  or attempting to seek any vote, fact, opinion, or contribution;
 1120  distributing or attempting to distribute any political or
 1121  campaign material, leaflet, or handout; conducting a poll except
 1122  as specified in this paragraph; seeking or attempting to seek a
 1123  signature on any petition; and selling or attempting to sell any
 1124  item. The terms “solicit” or “solicitation” may shall not be
 1125  construed to prohibit exit polling.
 1126         (d) Except as provided in paragraph (a), the supervisor may
 1127  not designate a no-solicitation zone or otherwise restrict
 1128  access to any person, political committee, committee of
 1129  continuous existence, candidate, or other group or organization
 1130  for the purposes of soliciting voters. This paragraph applies to
 1131  any public or private property used as a polling place or early
 1132  voting site.
 1133         Section 19. Subsections (1) and (4) of section 102.141,
 1134  Florida Statutes, are amended to read:
 1135         102.141 County canvassing board; duties.—
 1136         (1) The county canvassing board shall be composed of the
 1137  supervisor of elections; a county court judge, who shall act as
 1138  chair; and the chair of the board of county commissioners.
 1139  Alternate canvassing board members must be appointed pursuant to
 1140  paragraph (e). In the event any member of the county canvassing
 1141  board is unable to serve, is a candidate who has opposition in
 1142  the election being canvassed, or is an active participant in the
 1143  campaign or candidacy of any candidate who has opposition in the
 1144  election being canvassed, such member shall be replaced as
 1145  follows:
 1146         (a) If no county court judge is able to serve or if all are
 1147  disqualified, the chief judge of the judicial circuit in which
 1148  the county is located shall appoint as a substitute member a
 1149  qualified elector of the county who is not a candidate with
 1150  opposition in the election being canvassed and who is not an
 1151  active participant in the campaign or candidacy of any candidate
 1152  with opposition in the election being canvassed. In such event,
 1153  the members of the county canvassing board shall meet and elect
 1154  a chair.
 1155         (b) If the supervisor of elections is unable to serve or is
 1156  disqualified, the chair of the board of county commissioners
 1157  shall appoint as a substitute member a member of the board of
 1158  county commissioners who is not a candidate with opposition in
 1159  the election being canvassed and who is not an active
 1160  participant in the campaign or candidacy of any candidate with
 1161  opposition in the election being canvassed. The supervisor,
 1162  however, shall act in an advisory capacity to the canvassing
 1163  board.
 1164         (c) If the chair of the board of county commissioners is
 1165  unable to serve or is disqualified, the board of county
 1166  commissioners shall appoint as a substitute member one of its
 1167  members who is not a candidate with opposition in the election
 1168  being canvassed and who is not an active participant in the
 1169  campaign or candidacy of any candidate with opposition in the
 1170  election being canvassed.
 1171         (d) If a substitute member or alternate member cannot be
 1172  appointed as provided elsewhere in this subsection, or in the
 1173  event of a vacancy in such office, the chief judge of the
 1174  judicial circuit in which the county is located shall appoint as
 1175  a substitute member or alternate member a qualified elector of
 1176  the county who is not a candidate with opposition in the
 1177  election being canvassed and who is not an active participant in
 1178  the campaign or candidacy of any candidate with opposition in
 1179  the election being canvassed.
 1180         (e)1. The chief judge of the judicial circuit in which the
 1181  county is located shall appoint a county court judge as an
 1182  alternate member of the county canvassing board or, if each
 1183  county court judge is unable to serve or is disqualified, shall
 1184  appoint an alternate member who is qualified to serve as a
 1185  substitute member under paragraph (a).
 1186         2. The chair of the board of county commissioners shall
 1187  appoint a member of the board of county commissioners as an
 1188  alternate member of the county canvassing board or, if each
 1189  member of the board of county commissioners is unable to serve
 1190  or is disqualified, shall appoint an alternate member who is
 1191  qualified to serve as a substitute member under paragraph (d).
 1192         3. If a member of the county canvassing board is unable to
 1193  participate in a meeting of the board, the chair of the county
 1194  canvassing board or his or her designee shall designate which
 1195  alternate member will serve as a member of the board in the
 1196  place of the member who is unable to participate at that
 1197  meeting.
 1198         4. If not serving as one of the three members of the county
 1199  canvassing board, an alternate member may be present, observe,
 1200  and communicate with the three members constituting the county
 1201  canvassing board, but may not vote in the board’s decisions or
 1202  determinations.
 1203         (4)(a) The supervisor of elections shall upload into the
 1204  county’s election management system by 7 p.m. on the day before
 1205  the election the results of all early voting and absentee
 1206  ballots that have been canvassed and tabulated by the end of the
 1207  early voting period. Pursuant to ss. 101.5614(9), 101.657, and
 1208  101.68(2), the tabulation of votes cast or the results of such
 1209  uploads may not be made public before the close of the polls on
 1210  election day.
 1211         (b) The canvassing board shall report all early voting and
 1212  all tabulated absentee results to the Department of State within
 1213  30 minutes after the polls close. Thereafter, the canvassing
 1214  board shall report, with the exception of provisional ballot
 1215  results, updated precinct election results to the department at
 1216  least every 45 minutes until all results are completely
 1217  reported. The supervisor of elections shall notify the
 1218  department immediately of any circumstances that do not permit
 1219  periodic updates as required. Results shall be submitted in a
 1220  format prescribed by the department.
 1221         Section 20. Section 104.0616, Florida Statutes, is amended
 1222  to read:
 1223         104.0616 Absentee ballots and voting; violations.—
 1224         (1) For purposes of this section, the term “immediate
 1225  family” means a person’s spouse or the parent, child,
 1226  grandparent, or sibling of the person or the person’s spouse.
 1227         (2) Any person who provides or offers to provide, and any
 1228  person who accepts, a pecuniary or other benefit in exchange for
 1229  distributing, ordering, requesting, collecting, delivering, or
 1230  otherwise physically possessing more than two absentee ballots
 1231  per election in addition to his or her own ballot or a ballot
 1232  belonging to an immediate family member, with intent to alter,
 1233  change, modify, or erase any vote on the absentee ballot, except
 1234  as provided in ss. 101.6105-101.695, commits a felony of the
 1235  third degree, punishable as provided in s. 775.082, s. 775.083,
 1236  or s. 775.084.
 1237         Section 21. This act shall take effect October 1, 2013.