Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for HB 7013
       
       
       
       
       
       
                                Barcode 685302                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/16/2013 11:02 AM       .                                
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       Senator Sobel moved the following:
       
    1         Senate Amendment to Amendment (301346) (with title
    2  amendment)
    3  
    4         Delete lines 478 - 1002
    5  and insert:
    6         Section 12. Section 101.65, Florida Statutes, is amended to
    7  read:
    8         101.65 Instructions to absent electors.—The supervisor
    9  shall enclose with each absentee ballot separate printed
   10  instructions in substantially the following form:
   11  
   12         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
   13         1. VERY IMPORTANT. In order to ensure that your absentee
   14  ballot will be counted, it should be completed and returned as
   15  soon as possible so that it can reach the supervisor of
   16  elections of the county in which your precinct is located no
   17  later than 7 p.m. on the day of the election. However, if you
   18  are an overseas voter casting a ballot in a presidential
   19  preference primary or general election, your absentee ballot
   20  must be postmarked or signed and dated no later than the date of
   21  the election and received by the supervisor of elections of the
   22  county in which you are registered to vote no later than 10 days
   23  after the date of the election.
   24         2. Mark your ballot in secret as instructed on the ballot.
   25  You must mark your own ballot unless you are unable to do so
   26  because of blindness, disability, or inability to read or write.
   27         3. Mark only the number of candidates or issue choices for
   28  a race as indicated on the ballot. If you are allowed to “Vote
   29  for One” candidate and you vote for more than one candidate,
   30  your vote in that race will not be counted.
   31         4. Place your marked ballot in the enclosed secrecy
   32  envelope.
   33         5. Insert the secrecy envelope into the enclosed mailing
   34  envelope which is addressed to the supervisor.
   35         6. Seal the mailing envelope and completely fill out the
   36  Voter’s Certificate on the back of the mailing envelope.
   37         7. VERY IMPORTANT. In order for your absentee ballot to be
   38  counted, you must sign your name on the line above (Voter’s
   39  Signature). An absentee ballot will be considered illegal and
   40  not be counted if the signature on the voter’s certificate does
   41  not match the signature on record. The signature on file at the
   42  start of the canvass of the absentee ballots is the signature
   43  that will be used to verify your signature on the voter’s
   44  certificate. If you need to update your signature for this
   45  election, send your signature update on a voter registration
   46  application to your supervisor of elections so that it is
   47  received no later than the start of the canvassing of absentee
   48  ballots, which occurs no earlier than the 15th day before
   49  election day.
   50         8. VERY IMPORTANT. If you are an overseas voter, you must
   51  include the date you signed the Voter’s Certificate on the line
   52  above (Date) or your ballot may not be counted.
   53         9. Mail, deliver, or have delivered the completed mailing
   54  envelope. Be sure there is sufficient postage if mailed.
   55         10. FELONY NOTICE. It is a felony under Florida law to
   56  accept any gift, payment, or gratuity in exchange for your vote
   57  for a candidate. It is also a felony under Florida law to vote
   58  in an election using a false identity or false address, or under
   59  any other circumstances making your ballot false or fraudulent.
   60         Section 13. Paragraphs (a) and (d) of subsection (1) of
   61  section 101.657, Florida Statutes, are amended to read:
   62         101.657 Early voting.—
   63         (1)(a) As a convenience to the voter, the supervisor of
   64  elections shall allow an elector to vote early in the main or
   65  branch office of the supervisor. The supervisor shall mark,
   66  code, indicate on, or otherwise track the voter’s precinct for
   67  each early voted ballot. In order for a branch office to be used
   68  for early voting, it shall be a permanent facility of the
   69  supervisor and shall have been designated and used as such for
   70  at least 1 year prior to the election. The supervisor may also
   71  designate any city hall, or permanent public library facility,
   72  fairground, civic center, courthouse, county commission
   73  building, stadium, convention center, government-owned senior
   74  center, or government-owned community center as early voting
   75  sites; however, if so designated, the sites must be
   76  geographically located so as to provide all voters in the county
   77  an equal opportunity to cast a ballot, insofar as is
   78  practicable. In addition, a supervisor may designate one early
   79  voting site per election in an area of the county that does not
   80  have any of the eligible early voting locations. Such additional
   81  early voting site must be geographically located so as to
   82  provide all voters in that area with an equal opportunity to
   83  cast a ballot, insofar as is practicable. Each county shall, at
   84  a minimum, operate the same total number of early voting sites
   85  for a general election which the county operated for the 2012
   86  general election. The results or tabulation of votes cast during
   87  early voting may not be made before the close of the polls on
   88  election day. Results shall be reported by precinct.
   89         (d) Early voting shall begin on the 10th day before an
   90  election that contains state or federal races and end on the 3rd
   91  day before the election, and shall be provided for no less than
   92  8 6 hours and no more than 12 hours per day at each site during
   93  the applicable period. In addition, early voting may be offered
   94  at the discretion of the supervisor of elections on the 15th,
   95  14th, 13th, 12th, 11th, or 2nd day before an election that
   96  contains state or federal races for at least 8 hours per day,
   97  but not more than 12 hours per day. The supervisor of elections
   98  may provide early voting for elections that are not held in
   99  conjunction with a state or federal election. However, the
  100  supervisor has the discretion to determine the hours of
  101  operation of early voting sites in those elections.
  102         Section 14. Subsection (2) of section 101.67, Florida
  103  Statutes, is amended to read:
  104         101.67 Safekeeping of mailed ballots; deadline for
  105  receiving absentee ballots.—
  106         (2) Except as provided in s. 101.6952(5), all marked absent
  107  electors’ ballots to be counted must be received by the
  108  supervisor by 7 p.m. the day of the election. All ballots
  109  received thereafter shall be marked with the time and date of
  110  receipt and filed in the supervisor’s office.
  111         Section 15. Subsections (1) and (4) of section 101.68,
  112  Florida Statutes, are amended, and subsection (2) of that
  113  section is reenacted and amended, to read:
  114         101.68 Canvassing of absentee ballot.—
  115         (1) The supervisor of the county where the absent elector
  116  resides shall receive the voted ballot, at which time the
  117  supervisor shall compare the signature of the elector on the
  118  voter’s certificate with the signature of the elector in the
  119  registration books or the precinct register to determine whether
  120  the elector is duly registered in the county and may record on
  121  the elector’s registration certificate that the elector has
  122  voted. However, effective July 1, 2005, an elector who dies
  123  after casting an absentee ballot but on or before election day
  124  shall remain listed in the registration books until the results
  125  have been certified for the election in which the ballot was
  126  cast. The supervisor shall safely keep the ballot unopened in
  127  his or her office until the county canvassing board canvasses
  128  the vote. Except as provided in subsection (4), after an
  129  absentee ballot is received by the supervisor, the ballot is
  130  deemed to have been cast, and changes or additions may not be
  131  made to the voter’s certificate.
  132         (2)(a) The county canvassing board may begin the canvassing
  133  of absentee ballots at 7 a.m. on the 15th day before the
  134  election, but not later than noon on the day following the
  135  election. In addition, for any county using electronic
  136  tabulating equipment, the processing of absentee ballots through
  137  such tabulating equipment may begin at 7 a.m. on the 15th day
  138  before the election. However, notwithstanding any such
  139  authorization to begin canvassing or otherwise processing
  140  absentee ballots early, no result shall be released until after
  141  the closing of the polls in that county on election day. Any
  142  supervisor of elections, deputy supervisor of elections,
  143  canvassing board member, election board member, or election
  144  employee who releases the results of a canvassing or processing
  145  of absentee ballots prior to the closing of the polls in that
  146  county on election day commits a felony of the third degree,
  147  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  148         (b) To ensure that all absentee ballots to be counted by
  149  the canvassing board are accounted for, the canvassing board
  150  shall compare the number of ballots in its possession with the
  151  number of requests for ballots received to be counted according
  152  to the supervisor’s file or list.
  153         (c)1. The canvassing board shall, if the supervisor has not
  154  already done so, compare the signature of the elector on the
  155  voter’s certificate or on the absentee ballot affidavit as
  156  provided in subsection (4) with the signature of the elector in
  157  the registration books or the precinct register to see that the
  158  elector is duly registered in the county and to determine the
  159  legality of that absentee ballot. The ballot of an elector who
  160  casts an absentee ballot shall be counted even if the elector
  161  dies on or before election day, as long as, prior to the death
  162  of the voter, the ballot was postmarked by the United States
  163  Postal Service, date-stamped with a verifiable tracking number
  164  by common carrier, or already in the possession of the
  165  supervisor of elections. An absentee ballot shall be considered
  166  illegal if the voter’s certificate or absentee ballot affidavit
  167  it does not include the signature of the elector, as shown by
  168  the registration records or the precinct register. However, an
  169  absentee ballot is shall not be considered illegal if the
  170  signature of the elector does not cross the seal of the mailing
  171  envelope. If the canvassing board determines that any ballot is
  172  illegal, a member of the board shall, without opening the
  173  envelope, mark across the face of the envelope: “rejected as
  174  illegal.” The absentee ballot affidavit, if applicable, the
  175  envelope, and the ballot contained therein shall be preserved in
  176  the manner that official ballots voted are preserved.
  177         2. If any elector or candidate present believes that an
  178  absentee ballot is illegal due to a defect apparent on the
  179  voter’s certificate or the absentee ballot affidavit, he or she
  180  may, at any time before the ballot is removed from the envelope,
  181  file with the canvassing board a protest against the canvass of
  182  that ballot, specifying the precinct, the ballot, and the reason
  183  he or she believes the ballot to be illegal. A challenge based
  184  upon a defect in the voter’s certificate or absentee ballot
  185  affidavit may not be accepted after the ballot has been removed
  186  from the mailing envelope.
  187         (d) The canvassing board shall record the ballot upon the
  188  proper record, unless the ballot has been previously recorded by
  189  the supervisor. The mailing envelopes shall be opened and the
  190  secrecy envelopes shall be mixed so as to make it impossible to
  191  determine which secrecy envelope came out of which signed
  192  mailing envelope; however, in any county in which an electronic
  193  or electromechanical voting system is used, the ballots may be
  194  sorted by ballot styles and the mailing envelopes may be opened
  195  and the secrecy envelopes mixed separately for each ballot
  196  style. The votes on absentee ballots shall be included in the
  197  total vote of the county.
  198         (4)(a) The supervisor of elections shall, on behalf of the
  199  county canvassing board, notify each elector whose ballot was
  200  rejected as illegal and provide the specific reason the ballot
  201  was rejected because of a difference between the elector’s
  202  signature on the ballot and that on the elector’s voter
  203  registration record. The supervisor shall mail a voter
  204  registration application to the elector to be completed
  205  indicating the elector’s current signature if the elector’s
  206  ballot was rejected due to a difference between the elector’s
  207  signature on the voter’s certificate or absentee ballot
  208  affidavit and the elector’s signature in the registration books
  209  or precinct register. This section does not prohibit the
  210  supervisor from providing additional methods for updating an
  211  elector’s signature.
  212         (b) If the canvassing board has not begun the canvassing of
  213  absentee ballots pursuant to subsection (2), the supervisor
  214  shall allow an elector who has returned an absentee ballot that
  215  does not include the elector’s signature to complete an
  216  affidavit in order to cure the unsigned absentee ballot.
  217         (c) The elector shall provide identification to the
  218  supervisor and must complete an absentee ballot affidavit in
  219  substantially the following form:
  220  
  221                      ABSENTEE BALLOT AFFIDAVIT                    
  222         I, ...., am a qualified voter in this election and
  223  registered voter of .... County, Florida. I do solemnly swear or
  224  affirm that I requested and returned the absentee ballot and
  225  that I have not and will not vote more than one ballot in this
  226  election. I understand that if I commit or attempt any fraud in
  227  connection with voting, vote a fraudulent ballot, or vote more
  228  than once in an election, I may be convicted of a felony of the
  229  third degree and fined up to $5,000 and imprisoned for up to 5
  230  years. I understand that my failure to sign this affidavit means
  231  that my absentee ballot will be invalidated.
  232  
  233  ...(Voter’s Signature)...
  234  
  235  ...(Address)...
  236  
  237         (d) Instructions must accompany the absentee ballot
  238  affidavit in substantially the following form:
  239  
  240         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  241  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  242  BALLOT NOT TO COUNT.
  243  
  244         1. In order to ensure that your absentee ballot will be
  245  counted, your affidavit should be completed and returned as soon
  246  as possible so that it can reach the supervisor of elections of
  247  the county in which your precinct is located no later than the
  248  start of the canvassing of absentee ballots, which occurs no
  249  earlier than the 15th day before an election.
  250         2. You must sign your name on the line above (Voter’s
  251  Signature).
  252         3. You must make a copy of one of the following forms of
  253  identification:
  254         a. Identification which must include your name and
  255  photograph: United States passport; debit or credit card;
  256  military identification; student identification; retirement
  257  center identification; neighborhood association identification;
  258  or public assistance identification; or
  259         b. Identification which shows your name and current
  260  residence address: current utility bill, bank statement,
  261  government check, paycheck, or government document (excluding
  262  voter identification card).
  263         4. Place the envelope bearing the affidavit into a mailing
  264  envelope addressed to the supervisor. Insert a copy of your
  265  identification in the mailing envelope.
  266         5. Mail, deliver, or have delivered the completed affidavit
  267  along with the copy of your identification to your county
  268  supervisor of elections. Be sure there is sufficient postage if
  269  mailed and that the supervisor’s address is correct.
  270         (e) The department and each supervisor shall include the
  271  affidavit and instructions on their respective websites. The
  272  supervisor must include his or her office’s mailing address on
  273  the page containing the affidavit instructions; the department’s
  274  instruction page must include the office mailing addresses of
  275  all supervisors of elections or provide a conspicuous link to
  276  such addresses.
  277         (f) The supervisor shall attach each affidavit received to
  278  the appropriate absentee ballot mailing envelope.
  279         Section 16. Subsection (2) of section 101.6923, Florida
  280  Statutes, is amended to read:
  281         101.6923 Special absentee ballot instructions for certain
  282  first-time voters.—
  283         (2) A voter covered by this section shall be provided with
  284  printed instructions with his or her absentee ballot in
  285  substantially the following form:
  286  
  287         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
  288         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
  289         YOUR BALLOT NOT TO COUNT.
  290  
  291         1. In order to ensure that your absentee ballot will be
  292  counted, it should be completed and returned as soon as possible
  293  so that it can reach the supervisor of elections of the county
  294  in which your precinct is located no later than 7 p.m. on the
  295  date of the election. However, if you are an overseas voter
  296  casting a ballot in a presidential preference primary or general
  297  election, your absentee ballot must be postmarked or signed and
  298  dated no later than the date of the election and received by the
  299  supervisor of elections of the county in which you are
  300  registered to vote no later than 10 days after the date of the
  301  election.
  302         2. Mark your ballot in secret as instructed on the ballot.
  303  You must mark your own ballot unless you are unable to do so
  304  because of blindness, disability, or inability to read or write.
  305         3. Mark only the number of candidates or issue choices for
  306  a race as indicated on the ballot. If you are allowed to “Vote
  307  for One” candidate and you vote for more than one, your vote in
  308  that race will not be counted.
  309         4. Place your marked ballot in the enclosed secrecy
  310  envelope and seal the envelope.
  311         5. Insert the secrecy envelope into the enclosed envelope
  312  bearing the Voter’s Certificate. Seal the envelope and
  313  completely fill out the Voter’s Certificate on the back of the
  314  envelope.
  315         a. You must sign your name on the line above (Voter’s
  316  Signature).
  317         b. If you are an overseas voter, you must include the date
  318  you signed the Voter’s Certificate on the line above (Date) or
  319  your ballot may not be counted.
  320         c. An absentee ballot will be considered illegal and will
  321  not be counted if the signature on the Voter’s Certificate does
  322  not match the signature on record. The signature on file at the
  323  start of the canvass of the absentee ballots is the signature
  324  that will be used to verify your signature on the Voter’s
  325  Certificate. If you need to update your signature for this
  326  election, send your signature update on a voter registration
  327  application to your supervisor of elections so that it is
  328  received no later than the start of canvassing of absentee
  329  ballots, which occurs no earlier than the 15th day before
  330  election day.
  331         6. Unless you meet one of the exemptions in Item 7., you
  332  must make a copy of one of the following forms of
  333  identification:
  334         a. Identification which must include your name and
  335  photograph: United States passport; debit or credit card;
  336  military identification; student identification; retirement
  337  center identification; neighborhood association identification;
  338  or public assistance identification; or
  339         b. Identification which shows your name and current
  340  residence address: current utility bill, bank statement,
  341  government check, paycheck, or government document (excluding
  342  voter identification card).
  343         7. The identification requirements of Item 6. do not apply
  344  if you meet one of the following requirements:
  345         a. You are 65 years of age or older.
  346         b. You have a temporary or permanent physical disability.
  347         c. You are a member of a uniformed service on active duty
  348  who, by reason of such active duty, will be absent from the
  349  county on election day.
  350         d. You are a member of the Merchant Marine who, by reason
  351  of service in the Merchant Marine, will be absent from the
  352  county on election day.
  353         e. You are the spouse or dependent of a member referred to
  354  in paragraph c. or paragraph d. who, by reason of the active
  355  duty or service of the member, will be absent from the county on
  356  election day.
  357         f. You are currently residing outside the United States.
  358         8. Place the envelope bearing the Voter’s Certificate into
  359  the mailing envelope addressed to the supervisor. Insert a copy
  360  of your identification in the mailing envelope. DO NOT PUT YOUR
  361  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
  362  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
  363  BALLOT WILL NOT COUNT.
  364         9. Mail, deliver, or have delivered the completed mailing
  365  envelope. Be sure there is sufficient postage if mailed.
  366         10. FELONY NOTICE. It is a felony under Florida law to
  367  accept any gift, payment, or gratuity in exchange for your vote
  368  for a candidate. It is also a felony under Florida law to vote
  369  in an election using a false identity or false address, or under
  370  any other circumstances making your ballot false or fraudulent.
  371  
  372  ================= T I T L E  A M E N D M E N T ================
  373         And the title is amended as follows:
  374         Delete lines 1219 - 1251
  375  and insert:
  376         affidavit under certain circumstances; amending s.
  377         101.65, F.S.; revising the instructions to absent
  378         electors; amending s. 101.657, F.S.; revising the list
  379         of permissible sites available for early voting;
  380         authorizing the supervisor to designate one additional
  381         early voting site per election; providing
  382         requirements; requiring each county to operate at
  383         least the same number of early voting sites as used
  384         for the 2012 general election; revising the number of
  385         days and hours for early voting; amending s. 101.67,
  386         F.S.; conforming a provision to changes made by the
  387         act; amending s. 101.68, F.S., and reenacting
  388         subsection (2), relating to the canvassing of absentee
  389         ballots; authorizing the supervisor to use the
  390         elector’s signature in a precinct register to compare
  391         with the elector’s signature on the voter’s
  392         certificate; providing that an absentee ballot must
  393         clearly identify the name of the witness in order to
  394         be considered legal; requiring the supervisor to
  395         provide the elector with the specific reason his or
  396         her ballot was rejected; requiring the supervisor to
  397         allow electors to complete an affidavit to cure an
  398         unsigned absentee ballot before canvassing; providing
  399         the form and contents of the affidavit; providing
  400         instructions to accompany each absentee ballot
  401         affidavit; requiring the affidavit, instructions, and
  402         the supervisor’s office mailing address to be posted
  403         on certain websites; requiring the supervisor to
  404         attach a received affidavit to the appropriate
  405         absentee ballot mailing envelope; amending s.