Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 784
       
       
       
       
       
                               Ì747152"Î747152                          
       
       582-03179-14                                                    
       Proposed Committee Substitute by the Committee on Ethics and
       Elections
    1                        A bill to be entitled                      
    2         An act relating to online voter registration; creating
    3         s. 97.0525, F.S.; requiring the Department of State to
    4         develop an online voter registration system;
    5         specifying application requirements for the system;
    6         requiring the Department of Highway Safety and Motor
    7         Vehicles to verify information submitted online;
    8         requiring the supervisor of elections to notify
    9         applicants under certain circumstances; requiring
   10         system compliance with federal accessibility
   11         provisions; prohibiting online registrants from
   12         initially voting by absentee ballot; amending s.
   13         101.62, F.S.; providing that an absentee ballot
   14         request from a first-time online registrant is not
   15         valid unless certain conditions are met; creating s.
   16         101.6931, F.S.; establishing requirements for the
   17         absentee ballot provided to certain first-time online
   18         registrant voters; specifying content of the voter’s
   19         certificate for an absentee ballot provided to first
   20         time online registrant voters; creating s. 101.6932,
   21         F.S.; specifying instructions required to be included
   22         with an absentee ballot sent to first-time online
   23         registrant absent electors; creating s. 101.6933,
   24         F.S.; establishing procedures for the canvassing of
   25         absentee ballots received from first-time online
   26         registrant voters; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 97.0525, Florida Statutes, is created to
   31  read:
   32         97.0525 Online voter registration.—
   33         (1) Beginning July 1, 2015, an applicant may submit an
   34  online voter registration application using the procedures set
   35  forth in this section.
   36         (2)(a) The division shall establish a secure Internet
   37  website to permit an applicant to:
   38         1. Submit a voter registration application, including
   39  first-time voter registration applications and updates to
   40  existing voter registration records.
   41         2. Submit information necessary to establish an applicant’s
   42  eligibility to vote, pursuant to s. 97.041, which must include
   43  the information required for the uniform statewide voter
   44  registration application pursuant to s. 97.052(2).
   45         3. Swear to the oath required pursuant to s. 97.051.
   46         (b) The website must conspicuously provide notice of the
   47  in-person voting requirements and absentee ballot exemptions in
   48  subsection (8). Each applicant who is not currently registered
   49  to vote must affirmatively acknowledge, by checkbox or
   50  otherwise, that he or she has read and understands this
   51  information before or contemporaneous with submitting the voter
   52  registration application.
   53         (3) The division shall establish appropriate technological
   54  security measures, including use of a unique identifier for each
   55  applicant, to prevent unauthorized persons from altering a
   56  voter’s registration information.
   57         (4)(a) The online voter registration system shall compare
   58  the Florida driver license number or Florida identification
   59  number submitted pursuant to s. 97.052(2)(n), unless the
   60  applicant indicates pursuant to s. 97.052(2)(o) that he or she
   61  has not been issued a Florida driver license or Florida
   62  identification card, with information maintained by the
   63  Department of Highway Safety and Motor Vehicles, to confirm that
   64  the name and date of birth on the application are consistent
   65  with the records of the Department of Highway Safety and Motor
   66  Vehicles.
   67         (b) If the applicant’s name and date of birth are
   68  consistent with the records of the Department of Highway Safety
   69  and Motor Vehicles, the online voter registration system shall
   70  transmit, using the statewide voter registration system
   71  maintained pursuant to s. 98.035, the applicant’s submission,
   72  along with the digital signature of the applicant on file with
   73  the Department of Highway Safety and Motor Vehicles, to the
   74  supervisor of elections of the county in which the applicant
   75  resides. The applicant’s digital signature shall satisfy the
   76  signature requirement of s. 97.052(2)(q).
   77         (c) If the applicant’s name and date of birth cannot be
   78  verified by the records of the Department of Highway Safety and
   79  Motor Vehicles, or the applicant indicated that he or she has
   80  not been issued a Florida driver license or Florida
   81  identification card, but the applicant is otherwise eligible to
   82  vote, the online voter registration system shall issue a unique
   83  identification number and submit the application to the
   84  supervisor of elections for the county in which the voter
   85  resides, for disposition pursuant to s. 97.073.
   86         (d) If the applicant does not have a digital signature on
   87  file with the Department of Highway Safety and Motor Vehicles,
   88  the online voter registration system shall transmit the
   89  application as provided in paragraph (b), and the appropriate
   90  supervisor of elections shall send the applicant a notice
   91  pursuant to s. 97.073, informing the applicant that a signature
   92  is needed to complete the application. A notice provided under
   93  this paragraph shall consist of a form adopted by the division,
   94  delivered by postcard with postage prepaid. The form shall
   95  provide a space for the applicant to provide a signature and
   96  shall provide clear instructions to the applicant to return the
   97  card promptly to the supervisor of elections. The form shall
   98  contain a clear statement that, in order to complete the
   99  application, the signature must be supplied to the supervisor of
  100  elections by the registration deadline, and the deadline shall
  101  be included.
  102         (5) Upon submission of a completed online voter
  103  registration application, the website shall generate an
  104  immediate electronic confirmation that the supervisor has
  105  received the application and shall provide instructions
  106  regarding the ability of a registrant to check the status of the
  107  application thereafter.
  108         (6) Except as otherwise provided in this section, the
  109  supervisor of elections shall process the application pursuant
  110  to s. 97.053.
  111         (7) The website shall comply with requirements of s. 508 of
  112  the Rehabilitation Act of 1973 and Title II of the Americans
  113  with Disabilities Act to ensure equal access to voters with
  114  disabilities. The division shall include accessibility experts
  115  in the development of the online voter registration system and
  116  website, and the system’s accessibility shall be verified by an
  117  independent body with expertise on the matter.
  118         (8) An elector who is not currently registered to vote and
  119  who registers pursuant to this section must cast his or her
  120  initial ballot immediately following registration at either an
  121  early voting site pursuant to s. 101.657, at a polling place on
  122  election day, or in connection with supervised voting pursuant
  123  to s. 101.655; however, the elector may vote by absentee ballot
  124  if the elector meets one of the following exemptions:
  125         (a) Is 65 years of age or older;
  126         (b) Has a temporary or permanent physical disability;
  127         (c) Is a member of the uniformed services on active duty
  128  who, by reason of such active duty, will be absent from the
  129  county on election day;
  130         (d) Is a member of the Merchant Marine who, by reason of
  131  service in the Merchant Marine, will be absent from the county
  132  on election day;
  133         (e) Is the spouse or dependent of a member referred to in
  134  paragraph (c) or paragraph (d) who, by reason of the active duty
  135  or service of the member, will be absent from the county on
  136  election day; or
  137         (f) Is currently residing outside of the United States and
  138  is eligible to vote in Florida.
  139         Section 2. Subsection (1) of section 101.62, Florida
  140  Statutes, is amended to read:
  141         101.62 Request for absentee ballots.—
  142         (1)(a) The supervisor shall accept a request for an
  143  absentee ballot from an elector in person or in writing. One
  144  request shall be deemed sufficient to receive an absentee ballot
  145  for all elections through the end of the calendar year of the
  146  second ensuing regularly scheduled general election, unless the
  147  elector or the elector’s designee indicates at the time the
  148  request is made the elections for which the elector desires to
  149  receive an absentee ballot. Such request may be considered
  150  canceled when any first-class mail sent by the supervisor to the
  151  elector is returned as undeliverable.
  152         (b)1. The supervisor may accept a written or telephonic
  153  request for an absentee ballot to be mailed to an elector’s
  154  address on file in the Florida Voter Registration System from
  155  the elector, or, if directly instructed by the elector, a member
  156  of the elector’s immediate family, or the elector’s legal
  157  guardian; if the ballot is requested to be mailed to an address
  158  other than the elector’s address on file in the Florida Voter
  159  Registration System, the request must be made in writing and
  160  signed by the elector. However, an absent uniformed service
  161  voter or an overseas voter seeking an absentee ballot is not
  162  required to submit a signed, written request for an absentee
  163  ballot that is being mailed to an address other than the
  164  elector’s address on file in the Florida Voter Registration
  165  System. For purposes of this section, the term “immediate
  166  family” has the same meaning as specified in paragraph (4)(c).
  167  The person making the request must disclose:
  168         a.1. The name of the elector for whom the ballot is
  169  requested.
  170         b.2. The elector’s address.
  171         c.3. The elector’s date of birth.
  172         d.4. The requester’s name.
  173         e.5. The requester’s address.
  174         f.6. The requester’s driver’s license number, if available.
  175         g.7. The requester’s relationship to the elector.
  176         h.8. The requester’s signature (written requests only).
  177         2. If the elector was not registered to vote at the time of
  178  submitting a voter registration application online pursuant to
  179  s. 97.0525 and has not voted since registering, the absentee
  180  ballot request is not valid unless it includes an assertion by
  181  the elector that he or she meets one or more of the exemptions
  182  for casting an absentee ballot pursuant to s. 97.0525(8);
  183  notwithstanding, the supervisor must mail the elector an
  184  absentee ballot if the ballot is to be sent to an overseas
  185  address or the voter registration records indicate that the
  186  elector making such request is 65 years of age or older.
  187         (c) Upon receiving a request for an absentee ballot from an
  188  absent voter, the supervisor of elections shall notify the voter
  189  of the free access system that has been designated by the
  190  department for determining the status of his or her absentee
  191  ballot.
  192         Section 3. Section 101.6931, Florida Statutes, is created
  193  to read:
  194         101.6931Delivery of special absentee ballot to certain
  195  first-time online registrant voters.—
  196         (1) This section applies to voters who are subject to s.
  197  97.0525(8).
  198         (2) The supervisor shall enclose with each absentee ballot
  199  two envelopes: a secrecy envelope, into which the absent elector
  200  shall enclose his or her marked ballot; and a mailing envelope,
  201  into which the absent elector shall then place the secrecy
  202  envelope, which shall be addressed to the supervisor and also
  203  bear on the back side a certificate in substantially the
  204  following form:
  205  
  206  Note: Please Read Instructions Carefully Before Marking Ballot
  207  and Completing Voter’s Certificate.
  208  
  209                         VOTER’S CERTIFICATE                       
  210  
  211         I, ...., do solemnly swear or affirm that I am a qualified
  212  and registered voter of .... County, Florida, and that I have
  213  not and will not vote more than one ballot in this election. I
  214  understand that if I commit or attempt to commit any fraud in
  215  connection with voting, vote a fraudulent ballot, or vote more
  216  than once in an election, I can be convicted of a felony of the
  217  third degree and fined up to $5,000 and/or imprisoned for up to
  218  5 years. I also understand that failure to sign this certificate
  219  will invalidate my ballot.
  220         I further certify that I am exempt from the prohibition
  221  against voting by absentee ballot in my first election after
  222  registering to vote online because of one or more of the
  223  following (check all that apply):
  224         ☐ I am 65 years of age or older.
  225         ☐ I have a permanent or temporary physical disability.
  226         ☐ I am a member of a uniformed service on active duty who,
  227  by reason of such active duty, will be absent from the county on
  228  election day.
  229         ☐ I am a member of the Merchant Marine who, by reason of
  230  service in the Merchant Marine, will be absent from the county
  231  on election day.
  232         ☐ I am the spouse or dependent of a member of the uniformed
  233  service or Merchant Marine who, by reason of the active duty or
  234  service of the member, will be absent from the county on
  235  election day.
  236         ☐ I am currently residing outside the United States.
  237  
  238  ...(Date)...                             ...Voter’s Signature...
  239  
  240         (3) The certificate shall be arranged on the back of the
  241  mailing envelope so that the line for the signature of the
  242  absent elector is across the seal of the envelope; however, no
  243  statement may appear on the envelope which indicates that a
  244  signature of the voter must cross the seal of the envelope. The
  245  absent elector shall execute the certificate on the envelope.
  246         (4) The supervisor shall mark, code, indicate on, or
  247  otherwise track the precinct of the absent elector for each
  248  absentee ballot.
  249         Section 4. Section 101.6932, Florida Statutes, is created
  250  to read:
  251         101.6932 Instructions to certain first-time online
  252  registrant absent electors.—
  253         (1) This section applies to voters who are subject to s.
  254  97.0525(8).
  255         (2) The supervisor shall enclose with each absentee ballot
  256  separate printed instructions in substantially the following
  257  form:
  258  
  259                  READ THESE INSTRUCTIONS CAREFULLY                
  260                       BEFORE MARKING BALLOT.                      
  261         1. PROHIBITION FOR CERTAIN FIRST-TIME VOTERS WHO REGISTERED
  262  ONLINE. If you registered to vote online and if this is the
  263  first ballot you will be voting since registering, it is a
  264  felony to sign the Voter’s Certificate and return this absentee
  265  ballot to the supervisor of elections, unless one or more of the
  266  following exemptions apply:
  267         (a) You are 65 years of age or older;
  268         (b) You have a temporary or permanent physical disability;
  269         (c) You are a member of the uniformed services on active
  270  duty who, by reason of such active duty, will be absent from the
  271  county on election day;
  272         (d) You are a member of the Merchant Marine who, by reason
  273  of service in the Merchant Marine, will be absent from the
  274  county on election day;
  275         (e) You are the spouse or dependent of a member of the
  276  uniformed service or Merchant Marine who, by reason of the
  277  active duty or service of the member, will be absent from the
  278  county on election day; or
  279         (f) You are currently residing outside the United States
  280  and are eligible to vote in Florida.
  281  
  282  If you qualify for one of these exemptions, you MAY CAST this
  283  absentee ballot, but you MUST indicate on the Voter’s
  284  Certificate which exemption applies. Otherwise, your ballot may
  285  not count.
  286         2. VERY IMPORTANT. In order to ensure that your absentee
  287  ballot will be counted, it should be completed and returned as
  288  soon as possible so that it can reach the supervisor of
  289  elections of the county in which your precinct is located no
  290  later than 7 p.m. on the day of the election. However, if you
  291  are an overseas voter casting a ballot in a presidential
  292  preference primary or general election, your absentee ballot
  293  must be postmarked or dated no later than the date of the
  294  election and received by the supervisor of elections of the
  295  county in which you are registered to vote no later than 10 days
  296  after the date of the election.
  297         3. Mark your ballot in secret as instructed on the ballot.
  298  You must mark your own ballot unless you are unable to do so
  299  because of blindness, disability, or inability to read or write.
  300         4. Mark only the number of candidate or issue choices for a
  301  race as indicated on the ballot. If you are allowed to “Vote for
  302  One” candidate and you vote for more than one candidate, your
  303  vote in that race will not be counted.
  304         5. Place your marked ballot in the enclosed secrecy
  305  envelope.
  306         6. Insert the secrecy envelope into the enclosed mailing
  307  envelope which is addressed to the supervisor.
  308         7. Seal the mailing envelope and completely fill out the
  309  voter’s certificate on the back of the mailing envelope.
  310         8. VERY IMPORTANT. In order for your absentee ballot to be
  311  counted, you must sign your name on the line above (Voter’s
  312  Signature). An absentee ballot will be considered illegal and
  313  not be counted if the signature on the voter’s certificate does
  314  not match the signature on record. The signature on file at the
  315  start of the canvass of the absentee ballots is the signature
  316  that will be used to verify your signature on the voter’s
  317  certificate. If you need to update your signature for this
  318  election, send your signature update on a voter registration
  319  application to your supervisor of elections so that it is
  320  received no later than the start of the canvassing of absentee
  321  ballots, which occurs no earlier than the 15th day before
  322  election day.
  323         9. VERY IMPORTANT. If you are an overseas voter, you must
  324  include the date you signed the Voter’s Certificate on the line
  325  above (Date) or your ballot may not be counted.
  326         10. Mail, deliver, or have delivered the completed mailing
  327  envelope. Be sure there is sufficient postage if mailed.
  328         11. FELONY NOTICE. It is a felony under Florida law to
  329  accept any gift, payment, or gratuity in exchange for your vote
  330  for a candidate. It is also a felony under Florida law to vote
  331  in an election using a false identity or false address, or under
  332  any other circumstances making your ballot false or fraudulent.
  333         Section 5. Section 101.6933, Florida Statutes, is created
  334  to read:
  335         101.6933 Canvassing first-time online registrant absentee
  336  ballots.—
  337         (1) The supervisor of the county where the absent elector
  338  resides shall receive the voted absentee ballot. The mailing
  339  envelope shall be examined to determine if the voter has
  340  indicated on the Voter’s Certificate that he or she is exempt
  341  from the prohibition of first-time online registrants voting an
  342  absentee ballot under s. 97.0525(8).
  343         (2) If the voter has indicated on the Voter’s Certificate
  344  that he or she is exempt from the prohibition in s. 97.0525(8),
  345  the supervisor shall make the note on the registration records
  346  of the voter and the canvassing board shall proceed to canvass
  347  the absentee ballot as provided in s. 101.68.
  348         (3) If the voter has not indicated on the Voter’s
  349  Certificate that he or she is exempt, the supervisor shall check
  350  the voter registration records to determine if the absentee
  351  ballot request received was in writing or if the voter had
  352  previously notified the supervisor in writing that he or she is
  353  exempt. The envelope may not be opened unless the voter has
  354  previously indicated to the supervisor in writing that he or she
  355  is exempt. The ballot shall be treated as a provisional ballot
  356  until 7 p.m. on election day and may not be canvassed unless the
  357  supervisor has received a written indication of the exemption by
  358  7 p.m. on election day.
  359         Section 6. This act shall take effect upon becoming a law.