Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 90
       
       
       
       
       
       
                                Ì1377805Î137780                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 11/F/2R         .                                
             04/22/2021 12:12 PM       .                                
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       Senator Cruz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 919 - 921
    4  and insert:
    5         Section 21. Section 101.65, Florida Statutes, is amended to
    6  read:
    7         101.65 Instructions to absent electors.—The supervisor
    8  shall enclose with each vote-by-mail ballot separate printed
    9  instructions in substantially the following form; however, where
   10  the instructions appear in capitalized text, the text of the
   11  printed instructions must be in bold font:
   12  
   13                  READ THESE INSTRUCTIONS CAREFULLY                
   14                       BEFORE MARKING BALLOT.                      
   15  
   16         1. VERY IMPORTANT. In order to ensure that your vote-by
   17  mail ballot will be counted, it should be completed and returned
   18  as soon as possible so that it can reach the supervisor of
   19  elections of the county in which your precinct is located no
   20  later than 7 p.m. on the day of the election. However, if you
   21  are an overseas voter casting a ballot in a presidential
   22  preference primary or general election, your vote-by-mail ballot
   23  must be postmarked or dated no later than the date of the
   24  election and received by the supervisor of elections of the
   25  county in which you are registered to vote no later than 10 days
   26  after the date of the election. Note that the later you return
   27  your ballot, the less time you will have to cure any signature
   28  deficiencies, which is authorized until 5 p.m. on the 2nd day
   29  after the election.
   30         2. Mark your ballot in secret as instructed on the ballot.
   31  You must mark your own ballot unless you are unable to do so
   32  because of blindness, disability, or inability to read or write.
   33         3. Mark only the number of candidates or issue choices for
   34  a race as indicated on the ballot. If you are allowed to “Vote
   35  for One” candidate and you vote for more than one candidate,
   36  your vote in that race will not be counted.
   37         4. Place your marked ballot in the enclosed secrecy
   38  envelope.
   39         5. Insert the secrecy envelope into the enclosed mailing
   40  envelope which is addressed to the supervisor.
   41         6. Seal the mailing envelope and completely fill out the
   42  Voter’s Certificate on the back of the mailing envelope.
   43         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
   44  be counted, you must sign your name on the line above (Voter’s
   45  Signature). A vote-by-mail ballot will be considered illegal and
   46  not be counted if the signature on the voter’s certificate does
   47  not match the signature on record. The signature on file at the
   48  time the supervisor of elections in the county in which your
   49  precinct is located receives your vote-by-mail ballot is the
   50  signature that will be used to verify your signature on the
   51  voter’s certificate. If you need to update your signature for
   52  this election, send your signature update on a voter
   53  registration application to your supervisor of elections so that
   54  it is received before your vote-by-mail ballot is received.
   55         8. VERY IMPORTANT. If you are an overseas voter, you must
   56  include the date you signed the Voter’s Certificate on the line
   57  above (Date) or your ballot may not be counted.
   58         9. Mail, deliver, or have delivered the completed mailing
   59  envelope. Be sure there is sufficient postage if mailed. THE
   60  COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
   61  SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
   62  LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX,
   63  AVAILABLE AT EACH EARLY VOTING LOCATION.
   64         10. FELONY NOTICE. It is a felony under Florida law to
   65  accept any gift, payment, or gratuity in exchange for your vote
   66  for a candidate. It is also a felony under Florida law to vote
   67  in an election using a false identity or false address, or under
   68  any other circumstances making your ballot false or fraudulent.
   69         Section 22. Subsection (2) of section 101.6921, Florida
   70  Statutes, is amended to read:
   71         101.6921 Delivery of special vote-by-mail ballot to certain
   72  first-time voters.—
   73         (2) The supervisor shall enclose with each vote-by-mail
   74  ballot three envelopes: a secrecy envelope, into which the
   75  absent elector will enclose his or her marked ballot; an
   76  envelope containing the Voter’s Certificate, into which the
   77  absent elector shall place the secrecy envelope; and a postage
   78  paid mailing envelope, which shall be addressed to the
   79  supervisor and into which the absent elector will place the
   80  envelope containing the Voter’s Certificate and a copy of the
   81  required identification.
   82         Section 23. Subsection (2) of section 101.6923, Florida
   83  Statutes, is amended to read:
   84         101.6923 Special vote-by-mail ballot instructions for
   85  certain first-time voters.—
   86         (2) A voter covered by this section shall be provided with
   87  printed instructions with his or her vote-by-mail ballot in
   88  substantially the following form:
   89  
   90         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
   91         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
   92         YOUR BALLOT NOT TO COUNT.
   93  
   94         1. In order to ensure that your vote-by-mail ballot will be
   95  counted, it should be completed and returned as soon as possible
   96  so that it can reach the supervisor of elections of the county
   97  in which your precinct is located no later than 7 p.m. on the
   98  date of the election. However, if you are an overseas voter
   99  casting a ballot in a presidential preference primary or general
  100  election, your vote-by-mail ballot must be postmarked or dated
  101  no later than the date of the election and received by the
  102  supervisor of elections of the county in which you are
  103  registered to vote no later than 10 days after the date of the
  104  election.
  105         2. Mark your ballot in secret as instructed on the ballot.
  106  You must mark your own ballot unless you are unable to do so
  107  because of blindness, disability, or inability to read or write.
  108         3. Mark only the number of candidates or issue choices for
  109  a race as indicated on the ballot. If you are allowed to “Vote
  110  for One” candidate and you vote for more than one, your vote in
  111  that race will not be counted.
  112         4. Place your marked ballot in the enclosed secrecy
  113  envelope and seal the envelope.
  114         5. Insert the secrecy envelope into the enclosed envelope
  115  bearing the Voter’s Certificate. Seal the envelope and
  116  completely fill out the Voter’s Certificate on the back of the
  117  envelope.
  118         a. You must sign your name on the line above (Voter’s
  119  Signature).
  120         b. If you are an overseas voter, you must include the date
  121  you signed the Voter’s Certificate on the line above (Date) or
  122  your ballot may not be counted.
  123         c. A vote-by-mail ballot will be considered illegal and
  124  will not be counted if the signature on the Voter’s Certificate
  125  does not match the signature on record. The signature on file at
  126  the start of the canvass of the vote-by-mail ballots is the
  127  signature that will be used to verify your signature on the
  128  Voter’s Certificate. If you need to update your signature for
  129  this election, send your signature update on a voter
  130  registration application to your supervisor of elections so that
  131  it is received before your vote-by-mail ballot is received.
  132         6. Unless you meet one of the exemptions in Item 7., you
  133  must make a copy of one of the following forms of
  134  identification:
  135         a. Identification which must include your name and
  136  photograph: United States passport; debit or credit card;
  137  military identification; student identification; retirement
  138  center identification; neighborhood association identification;
  139  public assistance identification; veteran health identification
  140  card issued by the United States Department of Veterans Affairs;
  141  a Florida license to carry a concealed weapon or firearm; or an
  142  employee identification card issued by any branch, department,
  143  agency, or entity of the Federal Government, the state, a
  144  county, or a municipality; or
  145         b. Identification which shows your name and current
  146  residence address: current utility bill, bank statement,
  147  government check, paycheck, or government document (excluding
  148  voter information card).
  149         7. The identification requirements of Item 6. do not apply
  150  if you meet one of the following requirements:
  151         a. You are 65 years of age or older.
  152         b. You have a temporary or permanent physical disability.
  153         c. You are a member of a uniformed service on active duty
  154  who, by reason of such active duty, will be absent from the
  155  county on election day.
  156         d. You are a member of the Merchant Marine who, by reason
  157  of service in the Merchant Marine, will be absent from the
  158  county on election day.
  159         e. You are the spouse or dependent of a member referred to
  160  in paragraph c. or paragraph d. who, by reason of the active
  161  duty or service of the member, will be absent from the county on
  162  election day.
  163         f. You are currently residing outside the United States.
  164         8. Place the envelope bearing the Voter’s Certificate into
  165  the mailing envelope addressed to the supervisor. Insert a copy
  166  of your identification in the mailing envelope. DO NOT PUT YOUR
  167  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
  168  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
  169  BALLOT WILL NOT COUNT.
  170         9. Mail, deliver, or have delivered the completed mailing
  171  envelope. Be sure there is sufficient postage if mailed.
  172         10. FELONY NOTICE. It is a felony under Florida law to
  173  accept any gift, payment, or gratuity in exchange for your vote
  174  for a candidate. It is also a felony under Florida law to vote
  175  in an election using a false identity or false address, or under
  176  any other circumstances making your ballot false or fraudulent.
  177         Section 24. Subsection (1) of section 101.64, Florida
  178  Statutes, is amended, and subsection (6) is added to that
  179  section, to read:
  180         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  181         (1) The supervisor shall enclose with each vote-by-mail
  182  ballot two envelopes: a secrecy envelope, into which the absent
  183  elector shall enclose his or her marked ballot; and a postage
  184  paid mailing envelope, into which the absent elector shall then
  185  place the secrecy envelope, which shall be addressed to the
  186  supervisor and also bear on the back side a certificate in
  187  substantially the following form:
  188  
  189           Note: Please Read Instructions Carefully Before         
  190         Marking Ballot and Completing Voter’s Certificate.        
  191  
  192                         VOTER’S CERTIFICATE                       
  193         I, ...., do solemnly swear or affirm that I am a qualified
  194  and registered voter of .... County, Florida, and that I have
  195  not and will not vote more than one ballot in this election. I
  196  understand that if I commit or attempt to commit any fraud in
  197  connection with voting, vote a fraudulent ballot, or vote more
  198  than once in an election, I can be convicted of a felony of the
  199  third degree and fined up to $5,000 and/or imprisoned for up to
  200  5 years. I also understand that failure to sign this certificate
  201  will invalidate my ballot.
  202  ...(Date)...                           ...(Voter’s Signature)...
  203  ...(E-Mail Address)...             ...(Home Telephone Number)...
  204  ...(Mobile Telephone Number)...
  205  
  206  
  207  
  208  ================= T I T L E  A M E N D M E N T ================
  209  And the title is amended as follows:
  210         Delete line 101
  211  and insert:
  212         exceptions; amending ss. 101.65, 101.6921, and
  213         101.6923, F.S.; requiring the supervisor of elections
  214         to enclose a postage paid mailing envelope with each
  215         vote-by-mail ballot; conforming provisions to changes
  216         made by the act; amending s. 101.64, F.S.; requiring
  217         the supervisor of elections to enclose a postage paid
  218         mailing envelope with each vote-by-mail ballot;
  219         prohibiting the