Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1058
       
       
       
       
       
       
                                Ì4882267Î488226                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2015           .                                
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       The Committee on Ethics and Elections (Smith) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 16 - 139
    4  and insert:
    5         (2)(a) The county canvassing board may begin the canvassing
    6  of absentee ballots after successfully testing the electronic
    7  tabulating equipment as required by this chapter at 7 a.m. on
    8  the 15th day before the election, but not later than noon on the
    9  day following the election. In addition, for any county using
   10  electronic tabulating equipment, the processing of absentee
   11  ballots through such tabulating equipment may begin at 7 a.m. on
   12  the 15th day before the election. However, notwithstanding any
   13  such authorization to begin canvassing or otherwise processing
   14  absentee ballots early, no result shall be released until after
   15  the closing of the polls in that county on election day. Any
   16  supervisor of elections, deputy supervisor of elections,
   17  canvassing board member, election board member, or election
   18  employee who releases the results of a canvassing or processing
   19  of absentee ballots before prior to the closing of the polls in
   20  that county on election day commits a felony of the third
   21  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   22  775.084.
   23         Section 2. Section 101.65, Florida Statutes, is amended to
   24  read:
   25         101.65 Instructions to absent electors.—The supervisor
   26  shall enclose with each absentee ballot separate printed
   27  instructions in substantially the following form:
   28  
   29                  READ THESE INSTRUCTIONS CAREFULLY                
   30                       BEFORE MARKING BALLOT.                      
   31         1. VERY IMPORTANT. In order to ensure that your absentee
   32  ballot will be counted, it should be completed and returned as
   33  soon as possible so that it can reach the supervisor of
   34  elections of the county in which your precinct is located no
   35  later than 7 p.m. on the day of the election. However, if you
   36  are an overseas voter casting a ballot in a presidential
   37  preference primary or general election, your absentee ballot
   38  must be postmarked or dated no later than the date of the
   39  election and received by the supervisor of elections of the
   40  county in which you are registered to vote no later than 10 days
   41  after the date of the election.
   42         2. Mark your ballot in secret as instructed on the ballot.
   43  You must mark your own ballot unless you are unable to do so
   44  because of blindness, disability, or inability to read or write.
   45         3. Mark only the number of candidates or issue choices for
   46  a race as indicated on the ballot. If you are allowed to “Vote
   47  for One” candidate and you vote for more than one candidate,
   48  your vote in that race will not be counted.
   49         4. Place your marked ballot in the enclosed secrecy
   50  envelope.
   51         5. Insert the secrecy envelope into the enclosed mailing
   52  envelope which is addressed to the supervisor.
   53         6. Seal the mailing envelope and completely fill out the
   54  Voter’s Certificate on the back of the mailing envelope.
   55         7. VERY IMPORTANT. In order for your absentee ballot to be
   56  counted, you must sign your name on the line above (Voter’s
   57  Signature). An absentee ballot will be considered illegal and
   58  not be counted if the signature on the voter’s certificate does
   59  not match the signature on record. The signature on file at the
   60  start of the canvass of the absentee ballots is the signature
   61  that will be used to verify your signature on the voter’s
   62  certificate. If you need to update your signature for this
   63  election, send your signature update on a voter registration
   64  application to your supervisor of elections so that it is
   65  received no later than the start of the canvassing of absentee
   66  ballots, which can occur as early as the 25th occurs no earlier
   67  than the 15th day before election day.
   68         8. VERY IMPORTANT. If you are an overseas voter, you must
   69  include the date you signed the Voter’s Certificate on the line
   70  above (Date) or your ballot may not be counted.
   71         9. Mail, deliver, or have delivered the completed mailing
   72  envelope. Be sure there is sufficient postage if mailed.
   73         10. FELONY NOTICE. It is a felony under Florida law to
   74  accept any gift, payment, or gratuity in exchange for your vote
   75  for a candidate. It is also a felony under Florida law to vote
   76  in an election using a false identity or false address, or under
   77  any other circumstances making your ballot false or fraudulent.
   78         Section 3. Subsection (2) of section 101.6923, Florida
   79  Statutes, is amended to read:
   80         101.6923 Special absentee ballot instructions for certain
   81  first-time voters.—
   82         (2) A voter covered by this section shall be provided with
   83  printed instructions with his or her absentee ballot in
   84  substantially the following form:
   85  
   86         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
   87         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
   88         YOUR BALLOT NOT TO COUNT.
   89  
   90         1. In order to ensure that your absentee ballot will be
   91  counted, it should be completed and returned as soon as possible
   92  so that it can reach the supervisor of elections of the county
   93  in which your precinct is located no later than 7 p.m. on the
   94  date of the election. However, if you are an overseas voter
   95  casting a ballot in a presidential preference primary or general
   96  election, your absentee ballot must be postmarked or dated no
   97  later than the date of the election and received by the
   98  supervisor of elections of the county in which you are
   99  registered to vote no later than 10 days after the date of the
  100  election.
  101         2. Mark your ballot in secret as instructed on the ballot.
  102  You must mark your own ballot unless you are unable to do so
  103  because of blindness, disability, or inability to read or write.
  104         3. Mark only the number of candidates or issue choices for
  105  a race as indicated on the ballot. If you are allowed to “Vote
  106  for One” candidate and you vote for more than one, your vote in
  107  that race will not be counted.
  108         4. Place your marked ballot in the enclosed secrecy
  109  envelope and seal the envelope.
  110         5. Insert the secrecy envelope into the enclosed envelope
  111  bearing the Voter’s Certificate. Seal the envelope and
  112  completely fill out the Voter’s Certificate on the back of the
  113  envelope.
  114         a. You must sign your name on the line above (Voter’s
  115  Signature).
  116         b. If you are an overseas voter, you must include the date
  117  you signed the Voter’s Certificate on the line above (Date) or
  118  your ballot may not be counted.
  119         c. An absentee ballot will be considered illegal and will
  120  not be counted if the signature on the Voter’s Certificate does
  121  not match the signature on record. The signature on file at the
  122  start of the canvass of the absentee ballots is the signature
  123  that will be used to verify your signature on the Voter’s
  124  Certificate. If you need to update your signature for this
  125  election, send your signature update on a voter registration
  126  application to your supervisor of elections so that it is
  127  received no later than the start of canvassing of absentee
  128  ballots, which can occur as early as the 25th occurs no earlier
  129  than the 15th day before election day.
  130  
  131  ================= T I T L E  A M E N D M E N T ================
  132  And the title is amended as follows:
  133         Delete lines 3 - 5
  134  and insert:
  135         amending s. 101.68, F.S.; authorizing the county
  136         canvassing board to begin the canvassing of absentee
  137         ballots after successfully completing testing of the
  138         electronic tabulating equipment; removing obsolete
  139         language; amending ss. 101.65 and 101.6923,