Florida Senate - 2019                             CS for SB 7066
       
       
        
       By the Committees on Rules; and Ethics and Elections
       
       
       
       
       
       595-04814-19                                          20197066c1
    1                        A bill to be entitled                      
    2         An act relating to election administration; amending
    3         s. 97.012, F.S.; requiring the Secretary of State to
    4         provide signature matching training to certain
    5         persons; amending s. 97.021, F.S.; revising the
    6         definition of the term “voter interface device”;
    7         amending s. 98.077, F.S.; revising deadlines for voter
    8         signature updates for purposes of vote-by-mail and
    9         provisional ballots; providing an exception; amending
   10         s. 98.0981, F.S.; revising the voter threshold
   11         necessary to require the reporting of certain
   12         precinct-level results by ballot; amending s. 99.063,
   13         F.S.; removing a provision requiring certain language
   14         to follow the name of gubernatorial candidates in
   15         specified circumstances; amending s. 100.061, F.S.;
   16         revising the date of the primary election; amending s.
   17         101.015, F.S.; requiring the Department of State to
   18         establish minimum security standards to address chain
   19         of custody of ballots, transport of ballots, and
   20         ballot security; amending s. 101.048, F.S.; requiring
   21         a county canvassing board to review certain
   22         information; providing requirements for the canvassing
   23         and counting of provisional ballots; requiring the
   24         supervisor of elections to process a valid provisional
   25         ballot cure affidavit as a voter signature update;
   26         revising the Provisional Ballot Voter’s Certificate
   27         and Affirmation form; providing a process to cure a
   28         provisional ballot with a signature deficiency;
   29         requiring a supervisor to mail a voter registration
   30         application to an elector in certain circumstances;
   31         amending s. 101.151, F.S.; revising requirements for
   32         department rules governing ballot design; amending s.
   33         101.20, F.S.; authorizing the distribution of sample
   34         ballots by e-mail or mail in lieu of newspaper
   35         publication; amending s. 101.56075, F.S.; authorizing
   36         voting to be conducted using a voter interface device
   37         that produces a voter-verifiable paper output;
   38         amending s. 101.5614, F.S.; authorizing certain
   39         individuals to serve as witnesses during the ballot
   40         duplication process; amending s. 101.62, F.S.;
   41         revising the deadlines by which requests for vote-by
   42         mail ballots must be received and by which vote-by
   43         mail ballots shall be mailed by the supervisor;
   44         expanding the period during which a designee may
   45         physically collect a vote-by-mail ballot; amending s.
   46         101.64, F.S.; requiring the secrecy envelope included
   47         with a vote-by-mail ballot to include a specified
   48         statement; amending s. 101.65, F.S.; revising
   49         requirements for vote-by-mail ballot instructions;
   50         amending s. 101.657, F.S.; requiring a supervisor to
   51         report the total number of vote-by-mail ballots
   52         received at each early voting location; amending s.
   53         101.68, F.S.; revising the date that canvassing of
   54         vote-by-mail ballots may begin; revising requirements
   55         related to the canvassing and counting of vote-by-mail
   56         ballots; revising the deadline by which vote-by-mail
   57         ballot cure affidavits must be submitted; requiring
   58         the supervisor to process a valid vote-by-mail ballot
   59         cure affidavit as a voter signature update; amending
   60         s. 101.69, F.S.; requiring a supervisor to provide
   61         secure drop boxes in specified locations for an
   62         elector to place his or her vote-by-mail ballot;
   63         amending s. 101.6923, F.S.; revising vote-by-mail
   64         ballot instructions for certain first-time voters;
   65         amending s. 102.031, F.S.; expanding the area in which
   66         voter solicitation is prohibited; authorizing an
   67         elector to photograph his or her own ballot; amending
   68         s. 102.141, F.S.; providing notice requirements for
   69         meetings of a county canvassing board; requiring
   70         certain individuals to wear identification badges
   71         during certain periods; amending s. 102.166, F.S.;
   72         modifying certification requirements for voting
   73         systems to require the functionality to simultaneously
   74         sort and count ballot overvotes and undervotes;
   75         revising requirements for department rules regarding
   76         manual recounts of certain ballots; amending s.
   77         102.168, F.S.; modifying provisions governing election
   78         contests to authorize judicial review of additional
   79         information related to determining validity of
   80         provisional and vote-by-mail ballot signatures to
   81         conform to changes made by the act; amending s.
   82         104.051, F.S.; providing a penalty for certain
   83         supervisors who willfully violate the Florida Election
   84         Code; providing effective dates.
   85          
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Subsection (17) is added to section 97.012,
   89  Florida Statutes, to read:
   90         97.012 Secretary of State as chief election officer.—The
   91  Secretary of State is the chief election officer of the state,
   92  and it is his or her responsibility to:
   93         (17)Provide formal signature matching training to
   94  supervisors of elections and county canvassing board members.
   95         Section 2. Effective January 1, 2020, subsection (41) of
   96  section 97.021, Florida Statutes, is amended to read:
   97         97.021 Definitions.—For the purposes of this code, except
   98  where the context clearly indicates otherwise, the term:
   99         (41) “Voter interface device” means any device that
  100  communicates voting instructions and ballot information to a
  101  voter and allows the voter to select and vote for candidates and
  102  issues. A voter interface device may not be used to tabulate
  103  votes. Any vote tabulation must be based upon a subsequent scan
  104  of the marked marksense ballot or the voter-verifiable paper
  105  output after the voter interface device process has been
  106  completed.
  107         Section 3. Subsection (4) of section 98.077, Florida
  108  Statutes, is amended to read:
  109         98.077 Update of voter signature.—
  110         (4) Except as authorized in ss. 101.048 and 101.68:
  111         (a) All signature updates for use in verifying vote-by-mail
  112  and provisional ballots must be received by the appropriate
  113  supervisor before the elector’s ballot is received by the
  114  supervisor or, in the case of provisional ballots, before the
  115  elector’s ballot is cast of elections no later than the start of
  116  the canvassing of vote-by-mail ballots by the canvassing board.
  117         (b) The signature on file at the time the vote-by-mail
  118  ballot is received or at the time the provisional ballot is cast
  119  start of the canvass of the vote-by-mail ballots is the
  120  signature that shall be used in verifying the signature on the
  121  vote-by-mail and provisional ballot certificates, respectively.
  122         Section 4. Paragraph (a) of subsection (2) of section
  123  98.0981, Florida Statutes, is amended to read:
  124         98.0981 Reports; voting history; statewide voter
  125  registration system information; precinct-level election
  126  results; book closing statistics.—
  127         (2) PRECINCT-LEVEL ELECTION RESULTS.—
  128         (a) Within 30 days after certification by the Elections
  129  Canvassing Commission of a presidential preference primary
  130  election, special election, primary election, or general
  131  election, the supervisors of elections shall collect and submit
  132  to the department precinct-level election results for the
  133  election in a uniform electronic format specified by paragraph
  134  (c). The precinct-level election results shall be compiled
  135  separately for the primary or special primary election that
  136  preceded the general or special general election, respectively.
  137  The results shall specifically include for each precinct the
  138  total of all ballots cast for each candidate or nominee to fill
  139  a national, state, county, or district office or proposed
  140  constitutional amendment, with subtotals for each candidate and
  141  ballot type, unless fewer than 30 10 voters voted a ballot type.
  142  “All ballots cast” means ballots cast by voters who cast a
  143  ballot whether at a precinct location, by vote-by-mail ballot
  144  including overseas vote-by-mail ballots, during the early voting
  145  period, or by provisional ballot.
  146         Section 5. Subsection (4) of section 99.063, Florida
  147  Statutes, is amended to read:
  148         99.063 Candidates for Governor and Lieutenant Governor.—
  149         (4) In order to have the name of the candidate for
  150  Lieutenant Governor printed on the primary election ballot, a
  151  candidate for Governor participating in the primary must
  152  designate the candidate for Lieutenant Governor, and the
  153  designated candidate must qualify no later than the end of the
  154  qualifying period specified in s. 99.061. If the candidate for
  155  Lieutenant Governor has not been designated and has not
  156  qualified by the end of the qualifying period specified in s.
  157  99.061, the phrase “Not Yet Designated” must be included in lieu
  158  of the candidate’s name on the primary election ballot.
  159         Section 6. Section 100.061, Florida Statutes, is amended to
  160  read:
  161         100.061 Primary election.—In each year in which a general
  162  election is held, a primary election for nomination of
  163  candidates of political parties shall be held on the Tuesday 11
  164  10 weeks prior to the general election. The candidate receiving
  165  the highest number of votes cast in each contest in the primary
  166  election shall be declared nominated for such office. If two or
  167  more candidates receive an equal and highest number of votes for
  168  the same office, such candidates shall draw lots to determine
  169  which candidate is nominated.
  170         Section 7. Subsection (4) of section 101.015, Florida
  171  Statutes, is amended to read:
  172         101.015 Standards for voting systems.—
  173         (4)(a) The Department of State shall adopt rules
  174  establishing minimum security standards for voting systems. The
  175  standards, at a minimum, must address the following:
  176         1.Chain of custody of ballots, including a detailed
  177  description of procedures to create a complete written record of
  178  the chain of custody of ballots and paper outputs beginning with
  179  their receipt from a printer or manufacturer until such time as
  180  they are destroyed.
  181         2.Transport of ballots, including a description of the
  182  method and equipment used and a detailed list of the names of
  183  all individuals involved in such transport.
  184         3.Ballot security, including a requirement that all
  185  ballots be kept in a locked room in the supervisor’s office, a
  186  facility controlled by the supervisor or county canvassing
  187  board, or a public place in which the county canvassing board is
  188  canvassing votes until needed for canvassing and returned
  189  thereafter.
  190         (b)1. Each supervisor of elections shall establish written
  191  procedures to assure accuracy and security in his or her county,
  192  including procedures related to early voting pursuant to s.
  193  101.657. Such procedures shall be reviewed in each odd-numbered
  194  year by the department of State.
  195         2.(c) Each supervisor of elections shall submit any
  196  revisions to the security procedures to the department of State
  197  at least 45 days before early voting commences pursuant to s.
  198  101.657 in an election in which they are to take effect.
  199         Section 8. Present subsection (6) of section 101.048,
  200  Florida Statutes, is renumbered as subsection (7), subsections
  201  (2), (3), and (5) and present subsection (6) of that section are
  202  amended, and a new subsection (6) is added to that section, to
  203  read:
  204         101.048 Provisional ballots.—
  205         (2)(a) The county canvassing board shall examine each
  206  Provisional Ballot Voter’s Certificate and Affirmation to
  207  determine if the person voting that ballot was entitled to vote
  208  at the precinct where the person cast a vote in the election and
  209  that the person had not already cast a ballot in the election.
  210  In determining whether a person casting a provisional ballot is
  211  entitled to vote, the county canvassing board shall review the
  212  information provided in the Voter’s Certificate and Affirmation,
  213  written evidence provided by the person pursuant to subsection
  214  (1), information provided in any cure affidavit and accompanying
  215  supporting documentation pursuant to subsection (6), any other
  216  evidence presented by the supervisor of elections, and, in the
  217  case of a challenge, any evidence presented by the challenger. A
  218  ballot of a person casting a provisional ballot shall be
  219  canvassed pursuant to paragraph (b) counted unless the
  220  canvassing board determines by a preponderance of the evidence
  221  that the person was not entitled to vote.
  222         (b)1. If it is determined that the person was registered
  223  and entitled to vote at the precinct where the person cast a
  224  vote in the election, the canvassing board must shall compare
  225  the signature on the Provisional Ballot Voter’s Certificate and
  226  Affirmation or the provisional ballot cure affidavit with the
  227  signature on the voter’s registration or precinct register and,
  228  if it matches, shall count the ballot. A provisional ballot may
  229  be counted only if:
  230         1. The signature on the voter’s certificate or the cure
  231  affidavit matches the elector’s signature in the registration
  232  books or the precinct register; however, in the case of a cure
  233  affidavit, the supporting identification listed in subsection
  234  (6) must also confirm the identity of the elector; or
  235         2. The cure affidavit contains a signature that does not
  236  match the elector’s signature in the registration books or the
  237  precinct register, but the elector has submitted a current and
  238  valid Tier 1 form of identification confirming his or her
  239  identity pursuant to subsection (6).
  240  
  241  For purposes of this paragraph, any canvassing board finding
  242  that signatures do not match must be by majority vote and beyond
  243  a reasonable doubt.
  244         2. If it is determined that the person voting the
  245  provisional ballot was not registered or entitled to vote at the
  246  precinct where the person cast a vote in the election, the
  247         (c) Any provisional ballot shall not be counted must and
  248  the ballot shall remain in the envelope containing the
  249  Provisional Ballot Voter’s Certificate and Affirmation and the
  250  envelope shall be marked “Rejected as Illegal.”
  251         (d) If a provisional ballot is validated following the
  252  submission of a cure affidavit, the supervisor must make a copy
  253  of the affidavit, affix it to a voter registration application,
  254  and immediately process it as a valid request for a signature
  255  update pursuant to s. 98.077.
  256         (3) The Provisional Ballot Voter’s Certificate and
  257  Affirmation shall be in substantially the following form:
  258  STATE OF FLORIDA
  259  COUNTY OF ....
  260         I do solemnly swear (or affirm) that my name is ....; that
  261  my date of birth is ....; that I am registered and qualified to
  262  vote in .... County, Florida; that I am registered in the ....
  263  Party; that I am a qualified voter of the county; and that I
  264  have not voted in this election. I understand that if I commit
  265  any fraud in connection with voting, vote a fraudulent ballot,
  266  or vote more than once in an election, I can be convicted of a
  267  felony of the third degree and fined up to $5,000 and/or
  268  imprisoned for up to 5 years. Further, by providing my
  269  information below, I authorize the use of e-mail, text message,
  270  and telephone call for the limited purpose of signature and
  271  ballot validation.
  272  ...(Printed Name of Voter)...
  273  ...(Signature of Voter)...
  274  ...(Current Residence Address)...
  275  ...(Current Mailing Address)...
  276  ...(City, State, Zip Code)...
  277  ...(Driver License Number or Last Four Digits of Social Security
  278  Number)...
  279  ...(E-Mail Address)...
  280  ...(Home Telephone Number)...
  281  ...(Mobile Telephone Number)...
  282  Sworn to and subscribed before me this .... day of ........,
  283  ...(year)....
  284  ...(Election Official)...
  285  Precinct # ....	Ballot Style/Party Issued: ....
  286         (5) Each person casting a provisional ballot shall be given
  287  written instructions regarding the person’s right to provide the
  288  supervisor of elections with written evidence of his or her
  289  eligibility to vote and regarding the free access system
  290  established pursuant to subsection (7) (6). The instructions
  291  must shall contain the supervisor’s contact information along
  292  with information on how to access the system and the information
  293  the voter will need to provide to obtain information on his or
  294  her particular ballot. The instructions shall also include the
  295  following statement: “If this is a primary election, you should
  296  contact the supervisor of elections’ office immediately to
  297  confirm that you are registered and can vote in the general
  298  election.”
  299         (6)(a)As soon as practicable, the supervisor shall, on
  300  behalf of the county canvassing board, attempt to notify an
  301  elector who has submitted a provisional ballot that does not
  302  include the elector’s signature or contains a signature that
  303  does not match the elector’s signature in the registration books
  304  or precinct register by:
  305         1.Notifying the elector of the signature deficiency by e
  306  mail and directing the elector to the cure affidavit and
  307  instructions on the supervisor’s website;
  308         2.Notifying the elector of the signature deficiency by
  309  text message and directing the elector to the cure affidavit and
  310  instructions on the supervisor’s website; or
  311         3.Notifying the elector of the signature deficiency by
  312  telephone and directing the elector to the cure affidavit and
  313  instructions on the supervisor’s website.
  314  
  315  In addition to the notification required under subparagraph 1.,
  316  subparagraph 2., or subparagraph 3., the supervisor must notify
  317  the elector of the signature deficiency by first-class mail and
  318  direct the elector to the cure affidavit and instructions on the
  319  supervisor’s website. Beginning the day before the election, the
  320  supervisor is not required to provide notice of the signature
  321  deficiency by first-class mail, but shall continue to provide
  322  notice as required in subparagraph 1., subparagraph 2., or
  323  subparagraph 3.
  324         (b)Until 5 p.m. on the 2nd day after an election, the
  325  supervisor shall allow an elector who has submitted a
  326  provisional ballot with a signature deficiency to complete and
  327  submit a cure affidavit.
  328         (c)The elector must complete a cure affidavit in
  329  substantially the following form:
  330  
  331                  PROVISIONAL BALLOT CURE AFFIDAVIT                
  332         I, ...., am a qualified voter in this election and a
  333  registered voter of .... County, Florida. I do solemnly swear or
  334  affirm that I voted a provisional ballot and that I have not and
  335  will not vote more than one ballot in this election. I
  336  understand that if I commit or attempt any fraud in connection
  337  with voting, vote a fraudulent ballot, or vote more than once in
  338  an election, I may be convicted of a felony of the third degree,
  339  fined up to $5,000, and imprisoned for up to 5 years. I
  340  understand that my failure to sign this affidavit will
  341  invalidate my ballot.
  342  
  343  ...(Voter’s Signature)...
  344  
  345  ...(Address)...
  346  
  347         (d)Instructions must accompany the cure affidavit in
  348  substantially the following form:
  349  
  350         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  351  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  352  BALLOT NOT TO COUNT.
  353  
  354         1.In order to cure the missing signature or the signature
  355  discrepancy on your Provisional Ballot Voter’s Certificate and
  356  Affirmation, your affidavit should be completed and returned as
  357  soon as possible so that it can reach the supervisor of
  358  elections of the county in which your precinct is located no
  359  later than 5 p.m. on the 2nd day after the election.
  360         2.You must sign your name on the line above (Voter’s
  361  Signature).
  362         3.You must make a copy of one of the following forms of
  363  identification:
  364         a.Tier 1 identification.—Current and valid identification
  365  that includes your name and photograph: Florida driver license;
  366  Florida identification card issued by the Department of Highway
  367  Safety and Motor Vehicles; United States passport; debit or
  368  credit card; military identification; student identification;
  369  retirement center identification; neighborhood association
  370  identification; public assistance identification; veteran health
  371  identification card issued by the United States Department of
  372  Veterans Affairs; Florida license to carry a concealed weapon or
  373  firearm; or employee identification card issued by any branch,
  374  department, agency, or entity of the Federal Government, the
  375  state, a county, or a municipality; or
  376         b.Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
  377  FORM OF IDENTIFICATION, identification that shows your name and
  378  current residence address: current utility bill; bank statement;
  379  government check; paycheck; or government document (excluding
  380  voter information card).
  381         4.Place the envelope bearing the affidavit into a mailing
  382  envelope addressed to the supervisor. Insert a copy of your
  383  identification in the mailing envelope. Mail (if time permits),
  384  deliver, or have delivered the completed affidavit along with
  385  the copy of your identification to your county supervisor of
  386  elections. Be sure there is sufficient postage if mailed and
  387  that the supervisor’s address is correct. Remember, your
  388  information MUST reach your county supervisor of elections no
  389  later than 5 p.m. on the 2nd day following the election or your
  390  ballot will not count.
  391         5.Alternatively, you may fax or e-mail your completed
  392  affidavit and a copy of your identification to the supervisor of
  393  elections. If e-mailing, please provide these documents as
  394  attachments.
  395         6.Submitting a provisional ballot affidavit does not
  396  establish your eligibility to vote in this election or guarantee
  397  that your ballot will be counted. The county canvassing board
  398  determines your eligibility to vote through information provided
  399  on the Provisional Ballot Voter’s Certificate and Affirmation,
  400  written evidence provided by you, including information in your
  401  cure affidavit along with any supporting identification, and any
  402  other evidence presented by the supervisor of elections or a
  403  challenger. You may still be required to present additional
  404  written evidence to support your eligibility to vote.
  405         (e)The department and each supervisor shall include the
  406  affidavit and instructions on their respective websites. The
  407  supervisor shall include his or her office mailing address, e
  408  mail address, and fax number on the page containing the
  409  affidavit instructions, and the department’s instruction page
  410  shall include the office mailing addresses, e-mail addresses,
  411  and fax numbers of all supervisors or provide a conspicuous link
  412  to such addresses.
  413         (f)The supervisor shall attach each affidavit received to
  414  the appropriate provisional ballot envelope containing the
  415  Provisional Ballot Voter’s Certificate and Affirmation.
  416         (7)(a)(6) Each supervisor of elections shall establish a
  417  free access system that allows each person who casts a
  418  provisional ballot to determine whether his or her provisional
  419  ballot was counted in the final canvass of votes and, if not,
  420  the reasons why. Information regarding provisional ballots shall
  421  be available no later than 30 days following the election. The
  422  system established must restrict information regarding an
  423  individual ballot to the person who cast the ballot.
  424         (b)Unless processed as a signature update pursuant to
  425  subsection (2), the supervisor shall mail a voter registration
  426  application to the elector to be completed indicating the
  427  elector’s current signature if the signature on the voter’s
  428  certificate or cure affidavit did not match the elector’s
  429  signature in the registration books or precinct register.
  430         Section 9. Paragraph (b) of subsection (1) and subsection
  431  (9) of section 101.151, Florida Statutes, are amended to read:
  432         101.151 Specifications for ballots.—
  433         (1)
  434         (b) Polling places and early voting sites may employ a
  435  ballot-on-demand production system to print individual marksense
  436  ballots, including provisional ballots, for eligible electors
  437  pursuant to s. 101.657. Ballot-on-demand technology may be used
  438  to produce marksense vote-by-mail and election-day ballots.
  439         (9)(a) The Department of State shall adopt rules
  440  prescribing a uniform primary and general election ballot for
  441  each certified voting system. The rules shall incorporate the
  442  requirements set forth in this section and shall prescribe
  443  additional matters and forms that include, without limitation:
  444         1. The ballot title followed by clear and unambiguous
  445  ballot instructions and directions limited to a single location
  446  on the ballot, either:
  447         a.Centered across the top of the ballot; or
  448         b.In the leftmost column, with no individual races in that
  449  column unless it is the only column on the ballot;
  450         2. Individual race layout; and
  451         3. Overall ballot layout; and
  452         4.Oval vote targets as the only permissible type of vote
  453  target.
  454         (b) The department rules must shall graphically depict a
  455  sample uniform primary and general election ballot form for each
  456  certified voting system.
  457         Section 10. Subsection (2) of section 101.20, Florida
  458  Statutes, is amended to read:
  459         101.20 Publication of ballot form; sample ballots.—
  460         (2)(a) Upon completion of the list of qualified candidates,
  461  a sample ballot shall be published by the supervisor of
  462  elections in a newspaper of general circulation in the county,
  463  before the day of election.
  464         (b)In lieu of the publication required under paragraph
  465  (a), a supervisor may send a sample ballot to each registered
  466  elector by e-mail at least 7 days before an election if an e
  467  mail address has been provided and the elector has opted to
  468  receive a sample ballot by electronic delivery. If an e-mail
  469  address has not been provided, or if the elector has not opted
  470  for electronic delivery, a sample ballot may be mailed to each
  471  registered elector or to each household in which there is a
  472  registered elector at least 7 days before an election.
  473         Section 11. Effective January 1, 2020, section 101.56075,
  474  Florida Statutes, is amended to read:
  475         101.56075 Voting methods.—For the purpose of designating
  476  ballot selections,
  477         (1) Except as provided in subsection (2), all voting must
  478  shall be by marksense ballot, using utilizing a marking device
  479  or a voter interface device that produces a voter-verifiable
  480  paper output and for the purpose of designating ballot
  481  selections.
  482         (2) Persons with disabilities may vote on a voter interface
  483  device that meets the voting system accessibility requirements
  484  for individuals with disabilities pursuant to s. 301 of the
  485  federal Help America Vote Act of 2002 and s. 101.56062.
  486         (3) By 2020, persons with disabilities shall vote on a
  487  voter interface device that meets the voter accessibility
  488  requirements for individuals with disabilities under s. 301 of
  489  the federal Help America Vote Act of 2002 and s. 101.56062 which
  490  are consistent with subsection (1) of this section.
  491         Section 12. Paragraph (a) of subsection (4) of section
  492  101.5614, Florida Statutes, is amended to read:
  493         101.5614 Canvass of returns.—
  494         (4)(a) If any vote-by-mail ballot is physically damaged so
  495  that it cannot properly be counted by the automatic tabulating
  496  equipment, a true duplicate copy shall be made of the damaged
  497  ballot in the presence of witnesses and substituted for the
  498  damaged ballot. Likewise, a duplicate ballot shall be made of a
  499  vote-by-mail ballot containing an overvoted race or a marked
  500  vote-by-mail ballot in which every race is undervoted which
  501  shall include all valid votes as determined by the canvassing
  502  board based on rules adopted by the division pursuant to s.
  503  102.166(4). Upon request, a physically present candidate, a
  504  political party official, a political committee official, or an
  505  authorized designee thereof, must be allowed to observe the
  506  duplication of ballots. All duplicate ballots shall be clearly
  507  labeled “duplicate,” bear a serial number which shall be
  508  recorded on the defective ballot, and be counted in lieu of the
  509  defective ballot. After a ballot has been duplicated, the
  510  defective ballot shall be placed in an envelope provided for
  511  that purpose, and the duplicate ballot shall be tallied with the
  512  other ballots for that precinct.
  513         Section 13. Subsection (2) and paragraphs (b) and (c) of
  514  subsection (4) of section 101.62, Florida Statutes, are amended
  515  to read:
  516         101.62 Request for vote-by-mail ballots.—
  517         (2) A request for a vote-by-mail ballot to be mailed to a
  518  voter must be received no later than 5 p.m. on the 10th sixth
  519  day before the election by the supervisor of elections. The
  520  supervisor of elections shall mail vote-by-mail ballots to
  521  voters requesting ballots by such deadline no later than 8 4
  522  days before the election.
  523         (4)
  524         (b) The supervisor of elections shall mail a vote-by-mail
  525  ballot to each absent qualified voter, other than those listed
  526  in paragraph (a), who has requested such a ballot, between the
  527  40th 35th and 33rd 28th days before the presidential preference
  528  primary election, primary election, and general election. Except
  529  as otherwise provided in subsection (2) and after the period
  530  described in this paragraph, the supervisor shall mail vote-by
  531  mail ballots within 2 business days after receiving a request
  532  for such a ballot.
  533         (c) The supervisor shall provide a vote-by-mail ballot to
  534  each elector by whom a request for that ballot has been made by
  535  one of the following means:
  536         1. By nonforwardable, return-if-undeliverable mail to the
  537  elector’s current mailing address on file with the supervisor or
  538  any other address the elector specifies in the request.
  539         2. By forwardable mail, e-mail, or facsimile machine
  540  transmission to absent uniformed services voters and overseas
  541  voters. The absent uniformed services voter or overseas voter
  542  may designate in the vote-by-mail ballot request the preferred
  543  method of transmission. If the voter does not designate the
  544  method of transmission, the vote-by-mail ballot shall be mailed.
  545         3. By personal delivery before 7 p.m. on election day to
  546  the elector, upon presentation of the identification required in
  547  s. 101.043.
  548         4. By delivery to a designee on election day or up to 9 5
  549  days prior to the day of an election. Any elector may designate
  550  in writing a person to pick up the ballot for the elector;
  551  however, the person designated may not pick up more than two
  552  vote-by-mail ballots per election, other than the designee’s own
  553  ballot, except that additional ballots may be picked up for
  554  members of the designee’s immediate family. For purposes of this
  555  section, “immediate family” means the designee’s spouse or the
  556  parent, child, grandparent, or sibling of the designee or of the
  557  designee’s spouse. The designee shall provide to the supervisor
  558  the written authorization by the elector and a picture
  559  identification of the designee and must complete an affidavit.
  560  The designee shall state in the affidavit that the designee is
  561  authorized by the elector to pick up that ballot and shall
  562  indicate if the elector is a member of the designee’s immediate
  563  family and, if so, the relationship. The department shall
  564  prescribe the form of the affidavit. If the supervisor is
  565  satisfied that the designee is authorized to pick up the ballot
  566  and that the signature of the elector on the written
  567  authorization matches the signature of the elector on file, the
  568  supervisor shall give the ballot to that designee for delivery
  569  to the elector.
  570         5. Except as provided in s. 101.655, the supervisor may not
  571  deliver a vote-by-mail ballot to an elector or an elector’s
  572  immediate family member on the day of the election unless there
  573  is an emergency, to the extent that the elector will be unable
  574  to go to his or her assigned polling place. If a vote-by-mail
  575  ballot is delivered, the elector or his or her designee shall
  576  execute an affidavit affirming to the facts which allow for
  577  delivery of the vote-by-mail ballot. The department shall adopt
  578  a rule providing for the form of the affidavit.
  579         Section 14. Subsection (1) of section 101.64, Florida
  580  Statutes, is amended, and subsection (5) is added to that
  581  section, to read:
  582         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  583         (1) The supervisor shall enclose with each vote-by-mail
  584  ballot two envelopes: a secrecy envelope, into which the absent
  585  elector shall enclose his or her marked ballot; and a mailing
  586  envelope, into which the absent elector shall then place the
  587  secrecy envelope, which shall be addressed to the supervisor and
  588  also bear on the back side a certificate in substantially the
  589  following form:
  590           Note: Please Read Instructions Carefully Before         
  591         Marking Ballot and Completing Voter’s Certificate.        
  592                         VOTER’S CERTIFICATE                       
  593         I, ...., do solemnly swear or affirm that I am a qualified
  594  and registered voter of .... County, Florida, and that I have
  595  not and will not vote more than one ballot in this election. I
  596  understand that if I commit or attempt to commit any fraud in
  597  connection with voting, vote a fraudulent ballot, or vote more
  598  than once in an election, I can be convicted of a felony of the
  599  third degree and fined up to $5,000 and/or imprisoned for up to
  600  5 years. I also understand that failure to sign this certificate
  601  will invalidate my ballot.
  602                                                                  
  603  ...(Date)...                           ...(Voter’s Signature)...
  604  ...(E-Mail Address)...			...(Home Telephone Number)...
  605  ...(Mobile Telephone Number)...
  606         (5)The secrecy envelope must include, in bold font,
  607  substantially the following message:
  608  
  609  IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR SUPERVISOR
  610  OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 P.M. ON ELECTION DAY.
  611  IF YOU WAIT TO MAIL YOUR BALLOT, YOUR VOTE MIGHT NOT COUNT. TO
  612  PREVENT THIS FROM OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT
  613  AS SOON AS POSSIBLE.
  614         Section 15. Section 101.65, Florida Statutes, is amended to
  615  read:
  616         101.65 Instructions to absent electors.—The supervisor
  617  shall enclose with each vote-by-mail ballot separate printed
  618  instructions in substantially the following form; however, where
  619  the instructions appear in capitalized text, the text of the
  620  printed instructions must be in bold font:
  621                  READ THESE INSTRUCTIONS CAREFULLY                
  622                       BEFORE MARKING BALLOT.                      
  623         1. VERY IMPORTANT. In order to ensure that your vote-by
  624  mail ballot will be counted, it should be completed and returned
  625  as soon as possible so that it can reach the supervisor of
  626  elections of the county in which your precinct is located no
  627  later than 7 p.m. on the day of the election. However, if you
  628  are an overseas voter casting a ballot in a presidential
  629  preference primary or general election, your vote-by-mail ballot
  630  must be postmarked or dated no later than the date of the
  631  election and received by the supervisor of elections of the
  632  county in which you are registered to vote no later than 10 days
  633  after the date of the election. Note that the later you return
  634  your ballot, the less time you will have to cure any signature
  635  deficiencies, which is authorized until 5 p.m. on the 2nd day
  636  after the election.
  637         2. Mark your ballot in secret as instructed on the ballot.
  638  You must mark your own ballot unless you are unable to do so
  639  because of blindness, disability, or inability to read or write.
  640         3. Mark only the number of candidates or issue choices for
  641  a race as indicated on the ballot. If you are allowed to “Vote
  642  for One” candidate and you vote for more than one candidate,
  643  your vote in that race will not be counted.
  644         4. Place your marked ballot in the enclosed secrecy
  645  envelope.
  646         5. Insert the secrecy envelope into the enclosed mailing
  647  envelope which is addressed to the supervisor.
  648         6. Seal the mailing envelope and completely fill out the
  649  Voter’s Certificate on the back of the mailing envelope.
  650         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
  651  be counted, you must sign your name on the line above (Voter’s
  652  Signature). A vote-by-mail ballot will be considered illegal and
  653  not be counted if the signature on the voter’s certificate does
  654  not match the signature on record. The signature on file at the
  655  time the supervisor of elections in the county in which your
  656  precinct is located receives your vote-by-mail ballot start of
  657  the canvass of the vote-by-mail ballots is the signature that
  658  will be used to verify your signature on the voter’s
  659  certificate. If you need to update your signature for this
  660  election, send your signature update on a voter registration
  661  application to your supervisor of elections so that it is
  662  received before your vote-by-mail ballot is received no later
  663  than the start of the canvassing of vote-by-mail ballots, which
  664  occurs no earlier than the 15th day before election day.
  665         8. VERY IMPORTANT. If you are an overseas voter, you must
  666  include the date you signed the Voter’s Certificate on the line
  667  above (Date) or your ballot may not be counted.
  668         9. Mail, deliver, or have delivered the completed mailing
  669  envelope. Be sure there is sufficient postage if mailed. THE
  670  COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
  671  SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
  672  LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX,
  673  AVAILABLE AT EACH EARLY VOTING LOCATION.
  674         10. FELONY NOTICE. It is a felony under Florida law to
  675  accept any gift, payment, or gratuity in exchange for your vote
  676  for a candidate. It is also a felony under Florida law to vote
  677  in an election using a false identity or false address, or under
  678  any other circumstances making your ballot false or fraudulent.
  679         Section 16. Subsection (2) of section 101.657, Florida
  680  Statutes, is amended to read:
  681         101.657 Early voting.—
  682         (2) During any early voting period, each supervisor of
  683  elections shall make available the total number of voters
  684  casting a ballot at each early voting location and the total
  685  number of vote-by-mail ballots received under s. 101.69(2)
  686  during the previous day. Each supervisor shall prepare an
  687  electronic data file listing the individual voters who cast a
  688  ballot during the early voting period. This information shall be
  689  provided in electronic format as provided by rule adopted by the
  690  division. The information shall be updated and made available no
  691  later than noon of each day and shall be contemporaneously
  692  provided to the division.
  693         Section 17. Paragraphs (a) and (c) of subsection (2) and
  694  subsection (4) of section 101.68, Florida Statutes, are amended
  695  to read:
  696         101.68 Canvassing of vote-by-mail ballot.—
  697         (2)(a) The county canvassing board may begin the canvassing
  698  of vote-by-mail ballots at 7 a.m. on the 22nd 15th day before
  699  the election, but not later than noon on the day following the
  700  election. In addition, for any county using electronic
  701  tabulating equipment, the processing of vote-by-mail ballots
  702  through such tabulating equipment may begin at 7 a.m. on the
  703  22nd 15th day before the election. However, notwithstanding any
  704  such authorization to begin canvassing or otherwise processing
  705  vote-by-mail ballots early, no result shall be released until
  706  after the closing of the polls in that county on election day.
  707  Any supervisor of elections, deputy supervisor of elections,
  708  canvassing board member, election board member, or election
  709  employee who releases the results of a canvassing or processing
  710  of vote-by-mail ballots prior to the closing of the polls in
  711  that county on election day commits a felony of the third
  712  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  713  775.084.
  714         (c)1. The canvassing board must, if the supervisor has not
  715  already done so, compare the signature of the elector on the
  716  voter’s certificate or on the vote-by-mail ballot cure affidavit
  717  as provided in subsection (4) with the signature of the elector
  718  in the registration books or the precinct register to see that
  719  the elector is duly registered in the county and to determine
  720  the legality of that vote-by-mail ballot. A vote-by-mail ballot
  721  may only be counted if:
  722         a. The signature on the voter’s certificate or the cure
  723  affidavit matches the elector’s signature in the registration
  724  books or precinct register; however, in the case of a cure
  725  affidavit, the supporting identification listed in subsection
  726  (4) must also confirm the identity of the elector; or
  727         b. The cure affidavit contains a signature that does not
  728  match the elector’s signature in the registration books or
  729  precinct register, but the elector has submitted a current and
  730  valid Tier 1 identification pursuant to subsection (4) which
  731  confirms the identity of the elector.
  732  
  733  For purposes of this subparagraph, any canvassing board finding
  734  that an elector’s signatures do not match must be by majority
  735  vote and beyond a reasonable doubt.
  736         2. The ballot of an elector who casts a vote-by-mail ballot
  737  shall be counted even if the elector dies on or before election
  738  day, as long as, before the death of the voter, the ballot was
  739  postmarked by the United States Postal Service, date-stamped
  740  with a verifiable tracking number by a common carrier, or
  741  already in the possession of the supervisor of elections.
  742         3. A vote-by-mail ballot is not considered illegal if the
  743  signature of the elector does not cross the seal of the mailing
  744  envelope.
  745         4. If any elector or candidate present believes that a
  746  vote-by-mail ballot is illegal due to a defect apparent on the
  747  voter’s certificate or the cure affidavit, he or she may, at any
  748  time before the ballot is removed from the envelope, file with
  749  the canvassing board a protest against the canvass of that
  750  ballot, specifying the precinct, the ballot, and the reason he
  751  or she believes the ballot to be illegal. A challenge based upon
  752  a defect in the voter’s certificate or cure affidavit may not be
  753  accepted after the ballot has been removed from the mailing
  754  envelope.
  755         5. If the canvassing board determines that a ballot is
  756  illegal, a member of the board must, without opening the
  757  envelope, mark across the face of the envelope: “rejected as
  758  illegal.” The cure affidavit, if applicable, the envelope, and
  759  the ballot therein shall be preserved in the manner that
  760  official ballots are preserved.
  761         (4)(a) As soon as practicable, the supervisor shall, on
  762  behalf of the county canvassing board, attempt to immediately
  763  notify an elector who has returned a vote-by-mail ballot that
  764  does not include the elector’s signature or contains a signature
  765  that does not match the elector’s signature in the registration
  766  books or precinct register by:
  767         1.Notifying the elector of the signature deficiency by e
  768  mail and directing the elector to the cure affidavit and
  769  instructions on the supervisor’s website;
  770         2.Notifying the elector of the signature deficiency by
  771  text message and directing the elector to the cure affidavit and
  772  instructions on the supervisor’s website; or
  773         3.Notifying the elector of the signature deficiency by
  774  telephone and directing the elector to the cure affidavit and
  775  instructions on the supervisor’s website.
  776  
  777  In addition to the notification required under subparagraph 1.,
  778  subparagraph 2., or subparagraph 3., the supervisor must notify
  779  the elector of the signature deficiency by first-class mail and
  780  direct the elector to the cure affidavit and instructions on the
  781  supervisor’s website. Beginning the day before the election, the
  782  supervisor is not required to provide notice of the signature
  783  deficiency by first-class mail, but shall continue to provide
  784  notice as required under subparagraph 1., subparagraph 2., or
  785  subparagraph 3.
  786         (b) The supervisor shall allow such an elector to complete
  787  and submit an affidavit in order to cure the vote-by-mail ballot
  788  until 5 p.m. on the 2nd day after before the election.
  789         (c)(b) The elector must complete a cure affidavit in
  790  substantially the following form:
  791                 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT                
  792         I, ...., am a qualified voter in this election and
  793  registered voter of .... County, Florida. I do solemnly swear or
  794  affirm that I requested and returned the vote-by-mail ballot and
  795  that I have not and will not vote more than one ballot in this
  796  election. I understand that if I commit or attempt any fraud in
  797  connection with voting, vote a fraudulent ballot, or vote more
  798  than once in an election, I may be convicted of a felony of the
  799  third degree and fined up to $5,000 and imprisoned for up to 5
  800  years. I understand that my failure to sign this affidavit means
  801  that my vote-by-mail ballot will be invalidated.
  802  ...(Voter’s Signature)...
  803  ...(Address)...
  804         (d)(c) Instructions must accompany the cure affidavit in
  805  substantially the following form:
  806         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  807  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  808  BALLOT NOT TO COUNT.
  809         1. In order to ensure that your vote-by-mail ballot will be
  810  counted, your affidavit should be completed and returned as soon
  811  as possible so that it can reach the supervisor of elections of
  812  the county in which your precinct is located no later than 5
  813  p.m. on the 2nd day after before the election.
  814         2. You must sign your name on the line above (Voter’s
  815  Signature).
  816         3. You must make a copy of one of the following forms of
  817  identification:
  818         a. Tier 1 identification.—Current and valid identification
  819  that includes your name and photograph: Florida driver license;
  820  Florida identification card issued by the Department of Highway
  821  Safety and Motor Vehicles; United States passport; debit or
  822  credit card; military identification; student identification;
  823  retirement center identification; neighborhood association
  824  identification; public assistance identification; veteran health
  825  identification card issued by the United States Department of
  826  Veterans Affairs; a Florida license to carry a concealed weapon
  827  or firearm; or an employee identification card issued by any
  828  branch, department, agency, or entity of the Federal Government,
  829  the state, a county, or a municipality; or
  830         b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
  831  FORM OF IDENTIFICATION, identification that shows your name and
  832  current residence address: current utility bill, bank statement,
  833  government check, paycheck, or government document (excluding
  834  voter information identification card).
  835         4. Place the envelope bearing the affidavit into a mailing
  836  envelope addressed to the supervisor. Insert a copy of your
  837  identification in the mailing envelope. Mail (if time permits),
  838  deliver, or have delivered the completed affidavit along with
  839  the copy of your identification to your county supervisor of
  840  elections. Be sure there is sufficient postage if mailed and
  841  that the supervisor’s address is correct. Remember, your
  842  information MUST reach your county supervisor of elections no
  843  later than 5 p.m. on the 2nd day after the election, or your
  844  ballot will not count.
  845         5. Alternatively, you may fax or e-mail your completed
  846  affidavit and a copy of your identification to the supervisor of
  847  elections. If e-mailing, please provide these documents as
  848  attachments.
  849         (e)(d) The department and each supervisor shall include the
  850  affidavit and instructions on their respective websites. The
  851  supervisor must include his or her office’s mailing address, e
  852  mail address, and fax number on the page containing the
  853  affidavit instructions, and; the department’s instruction page
  854  must include the office mailing addresses, e-mail addresses, and
  855  fax numbers of all supervisors of elections or provide a
  856  conspicuous link to such addresses.
  857         (f)(e) The supervisor shall attach each affidavit received
  858  to the appropriate vote-by-mail ballot mailing envelope.
  859         (g)(f)If a vote-by-mail ballot is validated following the
  860  submission of a cure affidavit, the supervisor shall make a copy
  861  of the affidavit, affix it to a voter registration application,
  862  and immediately process it as a valid request for a signature
  863  update pursuant to s. 98.077.
  864         (h) After all election results on the ballot have been
  865  certified, the supervisor shall, on behalf of the county
  866  canvassing board, notify each elector whose ballot has been
  867  rejected as illegal and provide the specific reason the ballot
  868  was rejected. In addition, unless processed as a signature
  869  update pursuant to paragraph (g), the supervisor shall mail a
  870  voter registration application to the elector to be completed
  871  indicating the elector’s current signature if the signature on
  872  the voter’s certificate or cure affidavit did not match the
  873  elector’s signature in the registration books or precinct
  874  register. This section does not prohibit the supervisor from
  875  providing additional methods for updating an elector’s
  876  signature.
  877         Section 18. Section 101.69, Florida Statutes, is amended to
  878  read:
  879         101.69 Voting in person; return of vote-by-mail ballot.—
  880         (1) The provisions of this code shall not be construed to
  881  prohibit any elector from voting in person at the elector’s
  882  precinct on the day of an election or at an early voting site,
  883  notwithstanding that the elector has requested a vote-by-mail
  884  ballot for that election. An elector who has returned a voted
  885  vote-by-mail ballot to the supervisor, however, is deemed to
  886  have cast his or her ballot and is not entitled to vote another
  887  ballot or to have a provisional ballot counted by the county
  888  canvassing board. An elector who has received a vote-by-mail
  889  ballot and has not returned the voted ballot to the supervisor,
  890  but desires to vote in person, shall return the ballot, whether
  891  voted or not, to the election board in the elector’s precinct or
  892  to an early voting site. The returned ballot shall be marked
  893  “canceled” by the board and placed with other canceled ballots.
  894  However, if the elector does not return the ballot and the
  895  election official:
  896         (a)(1) Confirms that the supervisor has received the
  897  elector’s vote-by-mail ballot, the elector shall not be allowed
  898  to vote in person. If the elector maintains that he or she has
  899  not returned the vote-by-mail ballot or remains eligible to
  900  vote, the elector shall be provided a provisional ballot as
  901  provided in s. 101.048.
  902         (b)(2) Confirms that the supervisor has not received the
  903  elector’s vote-by-mail ballot, the elector shall be allowed to
  904  vote in person as provided in this code. The elector’s vote-by
  905  mail ballot, if subsequently received, shall not be counted and
  906  shall remain in the mailing envelope, and the envelope shall be
  907  marked “Rejected as Illegal.”
  908         (c)(3) Cannot determine whether the supervisor has received
  909  the elector’s vote-by-mail ballot, the elector may vote a
  910  provisional ballot as provided in s. 101.048.
  911         (2)The supervisor shall allow an elector who has received
  912  a vote-by-mail ballot to physically return a voted vote-by-mail
  913  ballot to the supervisor by placing the envelope containing his
  914  or her marked ballot in a secure drop box. Secure drop boxes
  915  shall only be placed at the main office of the supervisor, at
  916  each branch office of the supervisor, and at each early voting
  917  site.
  918         Section 19. Subsection (2) of section 101.6923, Florida
  919  Statutes, is amended to read:
  920         101.6923 Special vote-by-mail ballot instructions for
  921  certain first-time voters.—
  922         (2) A voter covered by this section shall be provided with
  923  printed instructions with his or her vote-by-mail ballot in
  924  substantially the following form:
  925  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
  926  FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
  927  TO COUNT.
  928         1. In order to ensure that your vote-by-mail ballot will be
  929  counted, it should be completed and returned as soon as possible
  930  so that it can reach the supervisor of elections of the county
  931  in which your precinct is located no later than 7 p.m. on the
  932  date of the election. However, if you are an overseas voter
  933  casting a ballot in a presidential preference primary or general
  934  election, your vote-by-mail ballot must be postmarked or dated
  935  no later than the date of the election and received by the
  936  supervisor of elections of the county in which you are
  937  registered to vote no later than 10 days after the date of the
  938  election.
  939         2. Mark your ballot in secret as instructed on the ballot.
  940  You must mark your own ballot unless you are unable to do so
  941  because of blindness, disability, or inability to read or write.
  942         3. Mark only the number of candidates or issue choices for
  943  a race as indicated on the ballot. If you are allowed to “Vote
  944  for One” candidate and you vote for more than one, your vote in
  945  that race will not be counted.
  946         4. Place your marked ballot in the enclosed secrecy
  947  envelope and seal the envelope.
  948         5. Insert the secrecy envelope into the enclosed envelope
  949  bearing the Voter’s Certificate. Seal the envelope and
  950  completely fill out the Voter’s Certificate on the back of the
  951  envelope.
  952         a. You must sign your name on the line above (Voter’s
  953  Signature).
  954         b. If you are an overseas voter, you must include the date
  955  you signed the Voter’s Certificate on the line above (Date) or
  956  your ballot may not be counted.
  957         c. A vote-by-mail ballot will be considered illegal and
  958  will not be counted if the signature on the Voter’s Certificate
  959  does not match the signature on record. The signature on file at
  960  the start of the canvass of the vote-by-mail ballots is the
  961  signature that will be used to verify your signature on the
  962  Voter’s Certificate. If you need to update your signature for
  963  this election, send your signature update on a voter
  964  registration application to your supervisor of elections so that
  965  it is received before your vote-by-mail ballot is received no
  966  later than the start of canvassing of vote-by-mail ballots,
  967  which occurs no earlier than the 15th day before election day.
  968         6. Unless you meet one of the exemptions in Item 7., you
  969  must make a copy of one of the following forms of
  970  identification:
  971         a. Identification which must include your name and
  972  photograph: United States passport; debit or credit card;
  973  military identification; student identification; retirement
  974  center identification; neighborhood association identification;
  975  public assistance identification; veteran health identification
  976  card issued by the United States Department of Veterans Affairs;
  977  a Florida license to carry a concealed weapon or firearm; or an
  978  employee identification card issued by any branch, department,
  979  agency, or entity of the Federal Government, the state, a
  980  county, or a municipality; or
  981         b. Identification which shows your name and current
  982  residence address: current utility bill, bank statement,
  983  government check, paycheck, or government document (excluding
  984  voter information identification card).
  985         7. The identification requirements of Item 6. do not apply
  986  if you meet one of the following requirements:
  987         a. You are 65 years of age or older.
  988         b. You have a temporary or permanent physical disability.
  989         c. You are a member of a uniformed service on active duty
  990  who, by reason of such active duty, will be absent from the
  991  county on election day.
  992         d. You are a member of the Merchant Marine who, by reason
  993  of service in the Merchant Marine, will be absent from the
  994  county on election day.
  995         e. You are the spouse or dependent of a member referred to
  996  in paragraph c. or paragraph d. who, by reason of the active
  997  duty or service of the member, will be absent from the county on
  998  election day.
  999         f. You are currently residing outside the United States.
 1000         8. Place the envelope bearing the Voter’s Certificate into
 1001  the mailing envelope addressed to the supervisor. Insert a copy
 1002  of your identification in the mailing envelope. DO NOT PUT YOUR
 1003  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
 1004  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
 1005  BALLOT WILL NOT COUNT.
 1006         9. Mail, deliver, or have delivered the completed mailing
 1007  envelope. Be sure there is sufficient postage if mailed.
 1008         10. FELONY NOTICE. It is a felony under Florida law to
 1009  accept any gift, payment, or gratuity in exchange for your vote
 1010  for a candidate. It is also a felony under Florida law to vote
 1011  in an election using a false identity or false address, or under
 1012  any other circumstances making your ballot false or fraudulent.
 1013         Section 20. Paragraph (a) of subsection (4) and subsection
 1014  (5) of section 102.031, Florida Statutes, are amended to read:
 1015         102.031 Maintenance of good order at polls; authorities;
 1016  persons allowed in polling rooms and early voting areas;
 1017  unlawful solicitation of voters.—
 1018         (4)(a) No person, political committee, or other group or
 1019  organization may solicit voters inside the polling place or
 1020  within 150 100 feet of the entrance to any polling place, a
 1021  polling room where the polling place is also a polling room, an
 1022  early voting site, or an office of the supervisor of elections
 1023  where vote-by-mail ballots are requested and printed on demand
 1024  for the convenience of electors who appear in person to request
 1025  them. Before the opening of the polling place or early voting
 1026  site, the clerk or supervisor shall designate the no
 1027  solicitation zone and mark the boundaries.
 1028         (5) No photography is permitted in the polling room or
 1029  early voting area, except an elector may photograph his or her
 1030  own ballot.
 1031         Section 21. Present subsections (9) and (10) of section
 1032  102.141, Florida Statutes, are renumbered as subsections (10)
 1033  and (11), respectively, subsection (2) of that section is
 1034  amended, and a new subsection (9) is added to that section, to
 1035  read:
 1036         102.141 County canvassing board; duties.—
 1037         (2)(a) The county canvassing board shall meet in a building
 1038  accessible to the public in the county where the election
 1039  occurred at a time and place to be designated by the supervisor
 1040  of elections to publicly canvass the absent electors’ ballots as
 1041  provided for in s. 101.68 and provisional ballots as provided by
 1042  ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
 1043  pursuant to s. 101.049 shall be canvassed in a manner that votes
 1044  for candidates and issues on those ballots can be segregated
 1045  from other votes. Public notice of the time and place at which
 1046  the county canvassing board shall meet to canvass the absent
 1047  electors’ ballots and provisional ballots shall be given at
 1048  least 48 hours prior thereto by publication on the supervisor of
 1049  elections’ website and once in one or more newspapers of general
 1050  circulation in the county or, if there is no newspaper of
 1051  general circulation in the county, by posting such notice in at
 1052  least four conspicuous places in the county. As soon as the
 1053  absent electors’ ballots and the provisional ballots are
 1054  canvassed, the board shall proceed to publicly canvass the vote
 1055  given each candidate, nominee, constitutional amendment, or
 1056  other measure submitted to the electorate of the county, as
 1057  shown by the returns then on file in the office of the
 1058  supervisor of elections.
 1059         (b)Public notice of the time and place at which the county
 1060  canvassing board shall meet to canvass the absent electors’
 1061  ballots and provisional ballots must be given at least 48 hours
 1062  prior thereto by publication on the supervisor’s website and
 1063  published in one or more newspapers of general circulation in
 1064  the county or, if there is no newspaper of general circulation
 1065  in the county, by posting such notice in at least four
 1066  conspicuous places in the county. The time given in the notice
 1067  as to the convening of the meeting of the county canvassing
 1068  board must be specific and may not be a time period during which
 1069  the board may meet.
 1070         (c)If the county canvassing board suspends or recesses a
 1071  meeting publicly noticed pursuant to paragraph (b) for a period
 1072  lasting more than 60 minutes, the board must post on the
 1073  supervisor’s website the anticipated time at which the board
 1074  expects to reconvene. If the county canvassing board does not
 1075  reconvene at the specified time, the board must provide at least
 1076  2 hours’ notice, which must be posted on the supervisor’s
 1077  website, before reconvening.
 1078         (d)During any meeting of the county canvassing board, a
 1079  physical notice must be placed in a conspicuous area near the
 1080  public entrance to the building in which the meeting is taking
 1081  place. The physical notice must include the names of the
 1082  individuals officially serving as the county canvassing board,
 1083  the names of any alternate members, the time of the meeting, and
 1084  a brief statement as to the anticipated activities of the county
 1085  canvassing board.
 1086         (9)Each member, substitute member, and alternate member of
 1087  the county canvassing board and all clerical help must wear
 1088  identification badges during any period in which the county
 1089  canvassing board is canvassing votes or engaging in other
 1090  official duties. The identification badges should be worn in a
 1091  conspicuous and unobstructed area, and include the name of the
 1092  individual and his or her official position.
 1093         Section 22. Subsection (2) and paragraph (b) of subsection
 1094  (4) of section 102.166, Florida Statutes, are amended to read:
 1095         102.166 Manual recounts of overvotes and undervotes.—
 1096         (2)(a) Any hardware or software used to identify and sort
 1097  overvotes and undervotes for a given race or ballot measure must
 1098  be certified by the Department of State as part of the voting
 1099  system pursuant to s. 101.015. Any such hardware or software
 1100  must be capable of simultaneously identifying and sorting
 1101  overvotes and undervotes in multiple races while simultaneously
 1102  counting votes.
 1103         (b) Overvotes and undervotes must shall be identified and
 1104  sorted while recounting ballots pursuant to s. 102.141, if the
 1105  hardware or software for this purpose has been certified or the
 1106  department’s rules so provide.
 1107         (4)
 1108         (b) The Department of State shall adopt specific rules for
 1109  the federal write-in absentee ballot and for each certified
 1110  voting system prescribing what constitutes a “clear indication
 1111  on the ballot that the voter has made a definite choice.” The
 1112  rules shall be consistent, to the extent practicable, and may
 1113  not:
 1114         1. Authorize the use of any electronic or electromechanical
 1115  reading device to review a hybrid voting system ballot that is
 1116  produced using a voter interface device and that contains both
 1117  machine-readable fields and machine-printed text of the contest
 1118  titles and voter selections, unless the printed text is
 1119  illegible;
 1120         2. Exclusively provide that the voter must properly mark or
 1121  designate his or her choice on the ballot; or
 1122         3.2. Contain a catch-all provision that fails to identify
 1123  specific standards, such as “any other mark or indication
 1124  clearly indicating that the voter has made a definite choice.”
 1125         Section 23. Subsection (8) of section 102.168, Florida
 1126  Statutes, is amended to read:
 1127         102.168 Contest of election.—
 1128         (8) In any contest that requires a review of the canvassing
 1129  board’s decision on the legality of a provisional or vote-by
 1130  mail ballot pursuant to s. 101.048 or s. 101.68 based upon a
 1131  comparison of the signature of the elector in the registration
 1132  records with the signature on the provisional or vote-by-mail
 1133  voter’s certificate or the provisional or vote-by-mail cure
 1134  affidavit and the signature of the elector in the registration
 1135  records, the circuit court may not review or consider any
 1136  evidence other than the signature of the elector in the
 1137  registration records, the signature on the respective voter’s
 1138  certificate or cure affidavit, and any supporting identification
 1139  that the elector submitted with the cure affidavit and the
 1140  signature of the elector in the registration records. The
 1141  court’s review of such issue shall be to determine only if the
 1142  canvassing board abused its discretion in making its decision.
 1143         Section 24. Subsection (5) is added to section 104.051,
 1144  Florida Statutes, to read:
 1145         104.051 Violations; neglect of duty; corrupt practices.—
 1146         (5)Any supervisor who willfully violates any provision of
 1147  the Florida Election Code is, upon a finding of such violation
 1148  by a court of competent jurisdiction, prohibited from receiving
 1149  the special qualification salary pursuant to s. 145.09(3) for a
 1150  period of 24 months, dating from the time of the violation.
 1151         Section 25. Except as otherwise expressly provided in this
 1152  act, this act shall take effect July 1, 2019.