Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/SB 90, 1st Eng.
       
       
       
       
       
       
                                Ì910316|Î910316                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/RM         .                                
             04/29/2021 05:40 PM       .                                
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       Senator Hutson moved the following:
       
    1         Senate Amendment to House Amendment (107453) (with title
    2  amendment)
    3  
    4         Delete lines 6 - 1176
    5  and insert:
    6         Section 1. Section 97.029, Florida Statutes, is created to
    7  read:
    8         97.029Civil actions challenging the validity of election
    9  laws.—
   10         (1)In a civil action challenging the validity of a
   11  provision of the Florida Election Code in which a state or
   12  county agency or officer is a party in state or federal court,
   13  the officer, agent, official, or attorney who represents or is
   14  acting on behalf of such agency or officer may not settle such
   15  action, consent to any condition, or agree to any order in
   16  connection therewith if the settlement, condition, or order
   17  nullifies, suspends, or is in conflict with any provision of the
   18  Florida Election Code, unless:
   19         (a)At the time settlement negotiations have begun in
   20  earnest, written notification is given to the President of the
   21  Senate, the Speaker of the House of Representatives, and the
   22  Attorney General.
   23         (b)Any proposed settlement, consent decree, or order that
   24  is proposed or received and would nullify, suspend, or conflict
   25  with any provision of the Florida Election Code is promptly
   26  reported in writing to the President of the Senate, the Speaker
   27  of the House of Representatives, and the Attorney General.
   28         (c)At least 10 days before the date a settlement or
   29  presettlement agreement or order is to be made final, written
   30  notification is given to the President of the Senate, the
   31  Speaker of the House of Representatives, and the Attorney
   32  General.
   33         (2)If any notification required by this section is
   34  precluded by federal law, federal regulation, court order, or
   35  court rule, the officer, agent, official, or attorney
   36  representing such agency or officer, or the Attorney General,
   37  shall challenge the constitutionality of such preclusion in the
   38  civil suit affected and give prompt notice thereof to the
   39  President of the Senate, the Speaker of the House of
   40  Representatives, and the Attorney General.
   41         (3)If, after a court has entered an order or judgment that
   42  nullifies or suspends, or orders or justifies official action
   43  that is in conflict with, a provision of the Florida Election
   44  Code, the Legislature amends the general law to remove the
   45  invalidity or unenforceability, the officer, agent, official, or
   46  attorney who represents or is acting on behalf of the agency or
   47  officer bound by such order or judgment must promptly after such
   48  amendment of the general law move to dismiss or otherwise
   49  terminate any ongoing jurisdiction of such case.
   50         Section 2. Section 97.0291, Florida Statutes, is created to
   51  read:
   52         97.0291 Prohibition on use of private funds for election
   53  related expenses.—No agency or state or local official
   54  responsible for conducting elections, including, but not limited
   55  to, a supervisor of elections, may solicit, accept, use, or
   56  dispose of any donation in the form of money, grants, property,
   57  or personal services from an individual or a nongovernmental
   58  entity for the purpose of funding election-related expenses or
   59  voter education, voter outreach, or registration programs. This
   60  section does not prohibit the donation and acceptance of space
   61  to be used for a polling room or an early voting site.
   62         Section 3. Paragraph (t) of subsection (2) of section
   63  97.052, Florida Statutes, is amended to read:
   64         97.052 Uniform statewide voter registration application.—
   65         (2) The uniform statewide voter registration application
   66  must be designed to elicit the following information from the
   67  applicant:
   68         (t)1. Whether the applicant has never been convicted of a
   69  felony and, if convicted, has had his or her voting rights
   70  restored by including the statement “I affirm that I am not a
   71  convicted felon or, if I am, my right to vote has been restored
   72  I have never been convicted of a felony.” and providing a box
   73  for the applicant to check to affirm the statement.
   74         2.Whether the applicant has been convicted of a felony,
   75  and if convicted, has had his or her civil rights restored
   76  through executive clemency, by including the statement “If I
   77  have been convicted of a felony, I affirm my voting rights have
   78  been restored by the Board of Executive Clemency.” and providing
   79  a box for the applicant to check to affirm the statement.
   80         3.Whether the applicant has been convicted of a felony
   81  and, if convicted, has had his or her voting rights restored
   82  pursuant s. 4, Art. VI of the State Constitution, by including
   83  the statement “If I have been convicted of a felony, I affirm my
   84  voting rights have been restored pursuant to s. 4, Art. VI of
   85  the State Constitution upon the completion of all terms of my
   86  sentence, including parole or probation.” and providing a box
   87  for the applicant to check to affirm the statement.
   88         Section 4. Subsections (1) and (2) and paragraph (b) of
   89  subsection (3) of section 97.0525, Florida Statutes, are amended
   90  to read:
   91         97.0525 Online voter registration.—
   92         (1) Beginning October 1, 2017, An applicant may submit an
   93  online voter registration application using the procedures set
   94  forth in this section.
   95         (2) The division shall establish and maintain a secure
   96  Internet website that safeguards an applicant’s information to
   97  ensure data integrity and permits an applicant to:
   98         (a) Submit a voter registration application, including
   99  first-time voter registration applications and updates to
  100  current voter registration records.
  101         (b) Submit information necessary to establish an
  102  applicant’s eligibility to vote, pursuant to s. 97.041, which
  103  includes the information required for the uniform statewide
  104  voter registration application pursuant to s. 97.052(2).
  105         (c) Swear to the oath required pursuant to s. 97.051.
  106         (3)
  107         (b) The division shall conduct a comprehensive risk
  108  assessment of the online voter registration system before making
  109  the system publicly available and every 2 years thereafter. The
  110  comprehensive risk assessment must comply with the risk
  111  assessment methodology developed by the Department of Management
  112  Services for identifying security risks, determining the
  113  magnitude of such risks, and identifying areas that require
  114  safeguards. In addition, the comprehensive risk assessment must
  115  incorporate all of the following:
  116         1.Load testing and stress testing to ensure that the
  117  online voter registration system has sufficient capacity to
  118  accommodate foreseeable use, including during periods of high
  119  volume of website users in the week immediately preceding the
  120  book-closing deadline for an election.
  121         2.Screening of computers and networks used to support the
  122  online voter registration system for malware and other
  123  vulnerabilities.
  124         3.Evaluation of database infrastructure, including
  125  software and operating systems, in order to fortify defenses
  126  against cyberattacks.
  127         4.Identification of any anticipated threats to the
  128  security and integrity of data collected, maintained, received,
  129  or transmitted by the online voter registration system.
  130         Section 5. Paragraph (a) of subsection (5) and subsection
  131  (6) of section 97.053, Florida Statutes, are amended to read:
  132         97.053 Acceptance of voter registration applications.—
  133         (5)(a) A voter registration application is complete if it
  134  contains the following information necessary to establish the
  135  applicant’s eligibility pursuant to s. 97.041, including:
  136         1. The applicant’s name.
  137         2. The applicant’s address of legal residence, including a
  138  distinguishing apartment, suite, lot, room, or dormitory room
  139  number or other identifier, if appropriate. Failure to include a
  140  distinguishing apartment, suite, lot, room, or dormitory room or
  141  other identifier on a voter registration application does not
  142  impact a voter’s eligibility to register to vote or cast a
  143  ballot, and such an omission may not serve as the basis for a
  144  challenge to a voter’s eligibility or reason to not count a
  145  ballot.
  146         3. The applicant’s date of birth.
  147         4. A mark in the checkbox affirming that the applicant is a
  148  citizen of the United States.
  149         5.a. The applicant’s current and valid Florida driver
  150  license number or the identification number from a Florida
  151  identification card issued under s. 322.051, or
  152         b. If the applicant has not been issued a current and valid
  153  Florida driver license or a Florida identification card, the
  154  last four digits of the applicant’s social security number.
  155  
  156  In case an applicant has not been issued a current and valid
  157  Florida driver license, Florida identification card, or social
  158  security number, the applicant shall affirm this fact in the
  159  manner prescribed in the uniform statewide voter registration
  160  application.
  161         6. A mark in the applicable checkbox affirming that the
  162  applicant has not been convicted of a felony or that, if
  163  convicted, has had his or her civil rights restored through
  164  executive clemency, or has had his or her voting rights restored
  165  pursuant to s. 4, Art. VI of the State Constitution.
  166         7. A mark in the checkbox affirming that the applicant has
  167  not been adjudicated mentally incapacitated with respect to
  168  voting or that, if so adjudicated, has had his or her right to
  169  vote restored.
  170         8. The original signature or a digital signature
  171  transmitted by the Department of Highway Safety and Motor
  172  Vehicles of the applicant swearing or affirming under the
  173  penalty for false swearing pursuant to s. 104.011 that the
  174  information contained in the registration application is true
  175  and subscribing to the oath required by s. 3, Art. VI of the
  176  State Constitution and s. 97.051.
  177         (6) A voter registration application, including an
  178  application with a change in name, address, or party
  179  affiliation, may be accepted as valid only after the department
  180  has verified the authenticity or nonexistence of the driver
  181  license number, the Florida identification card number, or the
  182  last four digits of the social security number provided by the
  183  applicant. If a completed voter registration application has
  184  been received by the book-closing deadline but the driver
  185  license number, the Florida identification card number, or the
  186  last four digits of the social security number provided by the
  187  applicant cannot be verified, the applicant shall be notified
  188  that the number cannot be verified and that the applicant must
  189  provide evidence to the supervisor sufficient to verify the
  190  authenticity of the applicant’s driver license number, Florida
  191  identification card number, or last four digits of the social
  192  security number. If the applicant provides the necessary
  193  evidence, the supervisor shall place the applicant’s name on the
  194  registration rolls as an active voter. If the applicant has not
  195  provided the necessary evidence or the number has not otherwise
  196  been verified prior to the applicant presenting himself or
  197  herself to vote, the applicant shall be provided a provisional
  198  ballot. The provisional ballot shall be counted only if the
  199  number is verified by the end of the canvassing period or if the
  200  applicant presents evidence to the supervisor of elections
  201  sufficient to verify the authenticity of the applicant’s driver
  202  license number, Florida identification card number, or last four
  203  digits of the social security number no later than 5 p.m. of the
  204  second day following the election.
  205         Section 6. Subsection (13) is added to section 97.057,
  206  Florida Statutes, to read:
  207         97.057 Voter registration by the Department of Highway
  208  Safety and Motor Vehicles.—
  209         (13)The Department of Highway Safety and Motor Vehicles
  210  must assist the Department of State in regularly identifying
  211  changes in residence address on the driver license or
  212  identification card of a voter. The Department of State must
  213  report each such change to the appropriate supervisor of
  214  elections who must change the voter’s registration records in
  215  accordance with s. 98.065(4).
  216         Section 7. Paragraphs (c) and (d) of subsection (1),
  217  paragraph (a) of subsection (3), and subsection (5) of section
  218  97.0575, Florida Statutes, are amended to read:
  219         97.0575 Third-party voter registrations.—
  220         (1) Before engaging in any voter registration activities, a
  221  third-party voter registration organization must register and
  222  provide to the division, in an electronic format, the following
  223  information:
  224         (c) The names, permanent addresses, and temporary
  225  addresses, if any, of each registration agent registering
  226  persons to vote in this state on behalf of the organization.
  227  This paragraph does not apply to persons who only solicit
  228  applications and do not collect or handle voter registration
  229  applications.
  230         (d)A sworn statement from each registration agent employed
  231  by or volunteering for the organization stating that the agent
  232  will obey all state laws and rules regarding the registration of
  233  voters. Such statement must be on a form containing notice of
  234  applicable penalties for false registration.
  235         (3)(a) A third-party voter registration organization that
  236  collects voter registration applications serves as a fiduciary
  237  to the applicant, ensuring that any voter registration
  238  application entrusted to the organization, irrespective of party
  239  affiliation, race, ethnicity, or gender, must shall be promptly
  240  delivered to the division or the supervisor of elections in the
  241  county in which the applicant resides within 14 days after
  242  completed by the applicant, but not after registration closes
  243  for the next ensuing election. A third-party voter registration
  244  organization must notify the applicant at the time the
  245  application is collected that the organization might not deliver
  246  the application to the division or the supervisor of elections
  247  in the county in which the applicant resides in less than 14
  248  days or before registration closes for the next ensuing election
  249  and must advise the applicant that he or she may deliver the
  250  application in person or by mail. The third-party voter
  251  registration organization must also inform the applicant how to
  252  register online with the division and how to determine whether
  253  the application has been delivered 48 hours after the applicant
  254  completes it or the next business day if the appropriate office
  255  is closed for that 48-hour period. If a voter registration
  256  application collected by any third-party voter registration
  257  organization is not promptly delivered to the division or
  258  supervisor of elections in the county in which the applicant
  259  resides, the third-party voter registration organization is
  260  liable for the following fines:
  261         1. A fine in the amount of $50 for each application
  262  received by the division or the supervisor of elections in the
  263  county which the applicant resides more than 14 days 48 hours
  264  after the applicant delivered the completed voter registration
  265  application to the third-party voter registration organization
  266  or any person, entity, or agent acting on its behalf or the next
  267  business day, if the office is closed. A fine in the amount of
  268  $250 for each application received if the third-party voter
  269  registration organization or person, entity, or agency acting on
  270  its behalf acted willfully.
  271         2. A fine in the amount of $100 for each application
  272  collected by a third-party voter registration organization or
  273  any person, entity, or agent acting on its behalf, before book
  274  closing for any given election for federal or state office and
  275  received by the division or the supervisor of elections in the
  276  county in which the applicant resides after the book-closing
  277  deadline for such election. A fine in the amount of $500 for
  278  each application received if the third-party registration
  279  organization or person, entity, or agency acting on its behalf
  280  acted willfully.
  281         3. A fine in the amount of $500 for each application
  282  collected by a third-party voter registration organization or
  283  any person, entity, or agent acting on its behalf, which is not
  284  submitted to the division or supervisor of elections in the
  285  county in which the applicant resides. A fine in the amount of
  286  $1,000 for any application not submitted if the third-party
  287  voter registration organization or person, entity, or agency
  288  acting on its behalf acted willfully.
  289  
  290  The aggregate fine pursuant to this paragraph which may be
  291  assessed against a third-party voter registration organization,
  292  including affiliate organizations, for violations committed in a
  293  calendar year is $1,000.
  294         (5) The division shall adopt by rule a form to elicit
  295  specific information concerning the facts and circumstances from
  296  a person who claims to have been registered to vote by a third
  297  party voter registration organization but who does not appear as
  298  an active voter on the voter registration rolls. The division
  299  shall also adopt rules to ensure the integrity of the
  300  registration process, including controls to ensure that all
  301  completed forms are promptly delivered to the division or an
  302  supervisor in the county in which the applicant resides rules
  303  requiring third-party voter registration organizations to
  304  account for all state and federal registration forms used by
  305  their registration agents. Such rules may require an
  306  organization to provide organization and form specific
  307  identification information on each form as determined by the
  308  department as needed to assist in the accounting of state and
  309  federal registration forms.
  310         Section 8. Paragraphs (d), (e), and (f) of subsection (1)
  311  of section 97.0585, Florida Statutes, are amended to read:
  312         97.0585 Public records exemption; information regarding
  313  voters and voter registration; confidentiality.—
  314         (1) The following information held by an agency, as defined
  315  in s. 119.011, and obtained for the purpose of voter
  316  registration is confidential and exempt from s. 119.07(1) and s.
  317  24(a), Art. I of the State Constitution and may be used only for
  318  purposes of voter registration:
  319         (d) Information related to a voter registration applicant’s
  320  or voter’s prior felony conviction and whether such person has
  321  had his or her voting rights restored by the Board of Executive
  322  Clemency or pursuant to s. 4, Art. VI of the State Constitution.
  323         (e) All information concerning preregistered voter
  324  registration applicants who are 16 or 17 years of age. This
  325  paragraph is
  326         (f)Paragraphs (d) and (e) are subject to the Open
  327  Government Sunset Review Act in accordance with s. 119.15 and
  328  shall stand repealed on October 2, 2024, unless reviewed and
  329  saved from repeal through reenactment by the Legislature.
  330         Section 9. Section 97.1031, Florida Statutes, is amended to
  331  read:
  332         97.1031 Notice of change of residence, change of name, or
  333  change of party affiliation.—
  334         (1)(a) When an elector changes his or her residence
  335  address, the elector must notify the supervisor of elections.
  336  Except as provided in paragraph (b), an address change must be
  337  submitted using a voter registration application.
  338         (b) If the address change is within the state and notice is
  339  provided to the supervisor of elections of the county where the
  340  elector has moved, the elector may do so by:
  341         1. Contacting the supervisor of elections via telephone or
  342  electronic means, in which case the elector must provide his or
  343  her date of birth and the last four digits of his or her social
  344  security number, his or her Florida driver license number, or
  345  his or her Florida identification card number, whichever may be
  346  verified in the supervisor’s records; or
  347         2. Submitting the change on a voter registration
  348  application or other signed written notice.
  349         (2) When an elector seeks to change party affiliation, the
  350  elector shall notify his or her supervisor of elections or other
  351  voter registration official by submitting a voter registration
  352  application using a signed written notice that contains the
  353  elector’s date of birth or voter registration number. When an
  354  elector changes his or her name by marriage or other legal
  355  process, the elector shall notify his or her supervisor of
  356  elections or other voter registration official by submitting a
  357  voter registration application using a signed written notice
  358  that contains the elector’s date of birth or voter’s
  359  registration number.
  360         (3) The voter registration official shall make the
  361  necessary changes in the elector’s records as soon as practical
  362  upon receipt of such notice of a change of address of legal
  363  residence, name, or party affiliation. The supervisor of
  364  elections shall issue the new voter information card.
  365         Section 10. Present subsections (4) and (5) of section
  366  98.0981, Florida Statutes, are redesignated as subsections (5)
  367  and (6), respectively, a new subsection (4) is added to that
  368  section, and paragraph (a) of subsection (2) of that section is
  369  amended, to read:
  370         98.0981 Reports; voting history; statewide voter
  371  registration system information; precinct-level election
  372  results; book closing statistics; live turnout data.—
  373         (2) PRECINCT-LEVEL ELECTION RESULTS.—
  374         (a) Within 30 days after certification by the Elections
  375  Canvassing Commission of a presidential preference primary
  376  election, special election, primary election, or general
  377  election, the supervisors of elections shall collect and submit
  378  to the department precinct-level election results for the
  379  election in a uniform electronic format specified by paragraph
  380  (c). The precinct-level election results shall be compiled
  381  separately for the primary or special primary election that
  382  preceded the general or special general election, respectively.
  383  The results shall specifically include for each precinct the
  384  total of all ballots cast for each candidate or nominee to fill
  385  a national, state, county, or district office or proposed
  386  constitutional amendment, with subtotals for each candidate and
  387  ballot type. However, ballot type or precinct subtotals in a
  388  race or question having fewer than 30 voters voting on the
  389  ballot type or in the precinct may not be reported in precinct
  390  results, unless fewer than 30 voters voted a ballot type. “All
  391  ballots cast” means ballots cast by voters who cast a ballot
  392  whether at a precinct location, by vote-by-mail ballot including
  393  overseas vote-by-mail ballots, during the early voting period,
  394  or by provisional ballot.
  395         (4) LIVE TURNOUT DATA.—On election day, each supervisor of
  396  elections shall make live voter turnout data, updated at least
  397  once per hour, available on his or her website. Each supervisor
  398  shall transmit the live voter turnout data to the division,
  399  which must create and maintain a real-time statewide turnout
  400  dashboard that is available for viewing by the public on the
  401  division’s website as the data becomes available.
  402         Section 11. Paragraph (f) of subsection (3) and paragraph
  403  (g) of subsection (4) of section 99.012, Florida Statutes, are
  404  amended to read:
  405         99.012 Restrictions on individuals qualifying for public
  406  office.—
  407         (3)
  408         (f)1. With regard to an elective office, the resignation
  409  creates a vacancy in office to be filled by election. Persons
  410  may qualify as candidates for nomination and election as if the
  411  public officer’s term were otherwise scheduled to expire.
  412         2. With regard to an elective charter county office or
  413  elective municipal office, the vacancy created by the officer’s
  414  resignation may be filled for that portion of the officer’s
  415  unexpired term in a manner provided by the respective charter.
  416  The office is deemed vacant upon the effective date of the
  417  resignation submitted by the official in his or her letter of
  418  resignation.
  419         (4)
  420         (g) Notwithstanding the provisions of any special act to
  421  the contrary, with regard to an elective office, the resignation
  422  creates a vacancy in office to be filled by election, thereby
  423  authorizing persons to qualify as candidates for nomination and
  424  election as if the officer’s term were otherwise scheduled to
  425  expire. With regard to an elective charter county office or
  426  elective municipal office, the vacancy created by the officer’s
  427  resignation may be filled for that portion of the officer’s
  428  unexpired term in a manner provided by the respective charter.
  429  The office is deemed vacant upon the effective date of the
  430  resignation submitted by the official in his or her letter of
  431  resignation.
  432         Section 12. Present paragraph (c) of subsection (1) of
  433  section 99.021, Florida Statutes, is redesignated as paragraph
  434  (d), a new paragraph (c) is added to that subsection, and
  435  paragraph (b) of that subsection is amended, to read:
  436         99.021 Form of candidate oath.—
  437         (1)
  438         (b) In addition, any person seeking to qualify for
  439  nomination as a candidate of any political party shall, at the
  440  time of subscribing to the oath or affirmation, state in
  441  writing:
  442         1. The party of which the person is a member.
  443         2. That the person has not been a registered member of the
  444  any other political party for which he or she is seeking
  445  nomination as a candidate for 365 days before the beginning of
  446  qualifying preceding the general election for which the person
  447  seeks to qualify.
  448         3. That the person has paid the assessment levied against
  449  him or her, if any, as a candidate for said office by the
  450  executive committee of the party of which he or she is a member.
  451         (c) In addition, any person seeking to qualify for office
  452  as a candidate with no party affiliation shall, at the time of
  453  subscribing to the oath or affirmation, state in writing that he
  454  or she is registered without any party affiliation and that he
  455  or she has not been a registered member of any political party
  456  for 365 days before the beginning of qualifying preceding the
  457  general election for which the person seeks to qualify.
  458         Section 13. Paragraph (a) of subsection (7) of section
  459  99.061, Florida Statutes, is amended to read:
  460         99.061 Method of qualifying for nomination or election to
  461  federal, state, county, or district office.—
  462         (7)(a) In order for a candidate to be qualified, the
  463  following items must be received by the filing officer by the
  464  end of the qualifying period:
  465         1. A properly executed check drawn upon the candidate’s
  466  campaign account payable to the person or entity as prescribed
  467  by the filing officer in an amount not less than the fee
  468  required by s. 99.092, unless the candidate obtained the
  469  required number of signatures on petitions pursuant to s.
  470  99.095. The filing fee for a special district candidate is not
  471  required to be drawn upon the candidate’s campaign account. If a
  472  candidate’s check is returned by the bank for any reason, the
  473  filing officer shall immediately notify the candidate and the
  474  candidate shall have until the end of qualifying to pay the fee
  475  with a cashier’s check purchased from funds of the campaign
  476  account. Failure to pay the fee as provided in this subparagraph
  477  shall disqualify the candidate.
  478         2. The candidate’s oath required by s. 99.021, which must
  479  contain the name of the candidate as it is to appear on the
  480  ballot; the office sought, including the district or group
  481  number if applicable; and the signature of the candidate, which
  482  must be verified under oath or affirmation pursuant to s.
  483  92.525(1)(a).
  484         3. If the office sought is partisan, the written statement
  485  of political party affiliation required by s. 99.021(1)(b); or
  486  if the candidate is running without party affiliation for a
  487  partisan office, the written statement required by s.
  488  99.021(1)(c).
  489         4. The completed form for the appointment of campaign
  490  treasurer and designation of campaign depository, as required by
  491  s. 106.021.
  492         5. The full and public disclosure or statement of financial
  493  interests required by subsection (5). A public officer who has
  494  filed the full and public disclosure or statement of financial
  495  interests with the Commission on Ethics or the supervisor of
  496  elections prior to qualifying for office may file a copy of that
  497  disclosure at the time of qualifying.
  498         Section 14. Paragraph (b) of subsection (2) of section
  499  99.063, Florida Statutes, is amended to read:
  500         99.063 Candidates for Governor and Lieutenant Governor.—
  501         (2) No later than 5 p.m. of the 9th day following the
  502  primary election, each designated candidate for Lieutenant
  503  Governor shall file with the Department of State:
  504         (b) If the office sought is partisan, the written statement
  505  of political party affiliation required by s. 99.021(1)(b); or
  506  if the office sought is without party affiliation, the written
  507  statement required by s. 99.021(1)(c).
  508         Section 15. Paragraph (a) of subsection (3) of section
  509  100.111, Florida Statutes, is amended to read:
  510         100.111 Filling vacancy.—
  511         (3)(a) In the event that death, resignation, withdrawal, or
  512  removal should cause a party to have a vacancy in nomination
  513  which leaves no candidate for an office from such party, the
  514  filing officer before whom the candidate qualified shall notify
  515  the chair of the state and county political party executive
  516  committee of such party and:
  517         1. If the vacancy in nomination is for a statewide office,
  518  the state party chair shall, within 5 days, call a meeting of
  519  his or her executive board to consider designation of a nominee
  520  to fill the vacancy.
  521         2. If the vacancy in nomination is for the office of United
  522  States Representative, state senator, state representative,
  523  state attorney, or public defender, the state party chair shall
  524  notify the appropriate county chair or chairs and, within 5
  525  days, the appropriate county chair or chairs shall call a
  526  meeting of the state executive committee members residing
  527  members of the executive committee in the affected county or
  528  counties to consider designation of a nominee to fill the
  529  vacancy.
  530         3. If the vacancy in nomination is for a county office, the
  531  state party chair shall notify the appropriate county chair and,
  532  within 5 days, the appropriate county chair shall call a meeting
  533  of his or her executive committee to consider designation of a
  534  nominee to fill the vacancy.
  535  
  536  The name of any person so designated shall be submitted to the
  537  filing officer before whom the candidate qualified within 7 days
  538  after notice to the chair in order that the person designated
  539  may have his or her name on the ballot of the ensuing general
  540  election. If the name of the new nominee is submitted after the
  541  certification of results of the preceding primary election,
  542  however, the ballots shall not be changed and the former party
  543  nominee’s name will appear on the ballot. Any ballots cast for
  544  the former party nominee will be counted for the person
  545  designated by the political party to replace the former party
  546  nominee. If there is no opposition to the party nominee, the
  547  person designated by the political party to replace the former
  548  party nominee will be elected to office at the general election.
  549         Section 16. Subsections (2) and (5) of section 101.051,
  550  Florida Statutes, are amended to read:
  551         101.051 Electors seeking assistance in casting ballots;
  552  oath to be executed; forms to be furnished.—
  553         (2) It is unlawful for any person to be in the voting booth
  554  with any elector except as provided in subsection (1). A person
  555  at a polling place, a drop box location, or an early voting
  556  site, or within 150 100 feet of a drop box location or the
  557  entrance of a polling place or an early voting site, may not
  558  solicit any elector in an effort to provide assistance to vote
  559  pursuant to subsection (1). Any person who violates this
  560  subsection commits a misdemeanor of the first degree, punishable
  561  as provided in s. 775.082 or s. 775.083.
  562         (5) If an elector needing assistance requests that a person
  563  other than an election official provide him or her with
  564  assistance in voting, the clerk or one of the inspectors shall
  565  require the person providing assistance to take the following
  566  oath:
  567  
  568                  DECLARATION TO PROVIDE ASSISTANCE                
  569  
  570  State of Florida
  571  County of ....
  572  Date ....
  573  Precinct ....
  574  
  575         I, ...(Print name)..., have been requested by ...(print
  576  name of elector needing assistance)... to provide him or her
  577  with assistance to vote. I swear or affirm that I am not the
  578  employer, an agent of the employer, or an officer or agent of
  579  the union of the voter and that I have not solicited this voter
  580  at the polling place, drop box location, or early voting site or
  581  within 150 100 feet of such locations in an effort to provide
  582  assistance.
  583  
  584  ...(Signature of assistor)...
  585  
  586  Sworn and subscribed to before me this .... day of ....,
  587  ...(year)....
  588  
  589  ...(Signature of Official Administering Oath)...
  590         Section 17. Subsection (5) of section 101.131, Florida
  591  Statutes, is amended to read:
  592         101.131 Watchers at polls.—
  593         (5) The supervisor of elections shall provide to each
  594  designated poll watcher an, no later than 7 days before early
  595  voting begins, a poll watcher identification badge which that
  596  identifies the poll watcher by name. Each poll watcher must wear
  597  his or her identification badge while performing his or her
  598  duties in the polling room or early voting area.
  599         Section 18. Section 101.545, Florida Statutes, is amended
  600  to read:
  601         101.545 Retention and destruction of certain election
  602  materials.—All ballots, forms, and other election materials
  603  shall be retained in the custody of the supervisor of elections
  604  for a minimum of 22 months after an election and in accordance
  605  with the schedule approved by the Division of Library and
  606  Information Services of the Department of State. All unused
  607  ballots, forms, and other election materials may, with the
  608  approval of the Department of State, be destroyed by the
  609  supervisor after the election for which such ballots, forms, or
  610  other election materials were to be used.
  611         Section 19. Paragraph (d) of subsection (2) of section
  612  101.5605, Florida Statutes, is amended to read:
  613         101.5605 Examination and approval of equipment.—
  614         (2)
  615         (d) The Department of State shall approve or disapprove any
  616  voting system submitted to it within 120 90 days after the date
  617  of its initial submission.
  618         Section 20. Paragraph (a) of subsection (4) of section
  619  101.5614, Florida Statutes, is amended to read:
  620         101.5614 Canvass of returns.—
  621         (4)(a) If any vote-by-mail ballot is physically damaged so
  622  that it cannot properly be counted by the voting system’s
  623  automatic tabulating equipment, a true duplicate copy shall be
  624  made of the damaged ballot in an open and accessible room in the
  625  presence of witnesses and substituted for the damaged ballot.
  626  Likewise, a duplicate ballot shall be made of a vote-by-mail
  627  ballot containing an overvoted race if there is a clear
  628  indication on the ballot that the voter has made a definite
  629  choice in the overvoted race or ballot measure. A duplicate or a
  630  marked vote-by-mail ballot in which every race is undervoted
  631  which shall include all valid votes as determined by the
  632  canvassing board based on rules adopted by the division pursuant
  633  to s. 102.166(4). A duplicate may be made of a ballot containing
  634  an undervoted race or ballot measure if there is a clear
  635  indication on the ballot that the voter has made a definite
  636  choice in the undervoted race or ballot measure. A duplicate may
  637  not include a vote if the voter’s intent in such race or on such
  638  measure is not clear. Upon request, a physically present
  639  candidate, a political party official, a political committee
  640  official, or an authorized designee thereof, must be allowed to
  641  observe the duplication of ballots. The observer must be allowed
  642  to observe the duplication of ballots in such a way that the
  643  observer is able to see the markings on each ballot and the
  644  duplication taking place. All duplicate ballots must shall be
  645  clearly labeled “duplicate,” bear a serial number which shall be
  646  recorded on the defective ballot, and be counted in lieu of the
  647  defective ballot. The duplication of ballots must happen in the
  648  presence of at least one canvassing board member. After a ballot
  649  has been duplicated, the defective ballot shall be placed in an
  650  envelope provided for that purpose, and the duplicate ballot
  651  shall be tallied with the other ballots for that precinct. If
  652  any observer makes a reasonable objection to a duplicate of a
  653  ballot, the ballot must be presented to the canvassing board for
  654  a determination of the validity of the duplicate. The canvassing
  655  board must document the serial number of the ballot in the
  656  canvassing board’s minutes. The canvassing board must decide
  657  whether the duplication is valid. If the duplicate ballot is
  658  determined to be valid, the duplicate ballot must be counted. If
  659  the duplicate ballot is determined to be invalid, the duplicate
  660  ballot must be rejected and a proper duplicate ballot must be
  661  made and counted in lieu of the original.
  662         Section 21. Section 101.572, Florida Statutes, is amended
  663  to read:
  664         101.572 Public inspection of ballots.—
  665         (1) The official ballots and ballot cards received from
  666  election boards and removed from vote-by-mail ballot mailing
  667  envelopes and voter certificates on such mailing envelopes shall
  668  be open for public inspection or examination while in the
  669  custody of the supervisor of elections or the county canvassing
  670  board at any reasonable time, under reasonable conditions;
  671  however, no persons other than the supervisor of elections or
  672  his or her employees or the county canvassing board shall handle
  673  any official ballot or ballot card. If the ballots are being
  674  examined prior to the end of the contest period in s. 102.168,
  675  the supervisor of elections shall make a reasonable effort to
  676  notify all candidates whose names appear on such ballots or
  677  ballot cards by telephone or otherwise of the time and place of
  678  the inspection or examination. All such candidates, or their
  679  representatives, shall be allowed to be present during the
  680  inspection or examination.
  681         (2) A candidate, a political party official, or a political
  682  committee official, or an authorized designee thereof, shall be
  683  granted reasonable access upon request to review or inspect
  684  ballot materials before canvassing or tabulation, including
  685  voter certificates on vote-by-mail envelopes, cure affidavits,
  686  corresponding comparison signatures, duplicate ballots, and
  687  corresponding originals. Before the supervisor begins comparing
  688  signatures on vote-by-mail voter certificates, the supervisor
  689  must publish notice of the access to be provided under this
  690  section, which may be access to the documents or images thereof,
  691  and the method of requesting such access. During such review, no
  692  person granted access for review may make any copy of a
  693  signature.
  694         Section 22. Subsection (5) of section 101.591, Florida
  695  Statutes, is amended to read:
  696         101.591 Voting system audit.—
  697         (5) By December 15 of each general election year Within 15
  698  days after completion of the audit, the county canvassing board
  699  or the board responsible for certifying the election shall
  700  provide a report with the results of the audit to the Department
  701  of State in a standard format as prescribed by the department.
  702  The report must be consolidated into one report with the
  703  overvote and undervote report required under s. 101.595(1). The
  704  report shall contain, but is not limited to, the following
  705  items:
  706         (a) The overall accuracy of audit.
  707         (b) A description of any problems or discrepancies
  708  encountered.
  709         (c) The likely cause of such problems or discrepancies.
  710         (d) Recommended corrective action with respect to avoiding
  711  or mitigating such circumstances in future elections.
  712         Section 23. Subsections (1) and (3) of section 101.595,
  713  Florida Statutes, are amended to read:
  714         101.595 Analysis and reports of voting problems.—
  715         (1) No later than December 15 of each general election
  716  year, the supervisor of elections in each county shall report to
  717  the Department of State the total number of overvotes and
  718  undervotes in the “President and Vice President” or “Governor
  719  and Lieutenant Governor” race that appears first on the ballot
  720  or, if neither appears, the first race appearing on the ballot
  721  pursuant to s. 101.151(2), along with the likely reasons for
  722  such overvotes and undervotes and other information as may be
  723  useful in evaluating the performance of the voting system and
  724  identifying problems with ballot design and instructions which
  725  may have contributed to voter confusion. This report must be
  726  consolidated into one report with the audit report required
  727  under s. 101.591(5).
  728         (3) The Department of State shall submit the report to the
  729  Governor, the President of the Senate, and the Speaker of the
  730  House of Representatives by February 15 January 31 of each year
  731  following a general election.
  732         Section 24. Paragraphs (a) and (b) of subsection (1),
  733  subsection (3), and paragraph (c) of subsection (4) of section
  734  101.62, Florida Statutes, are amended, and subsection (7) is
  735  added to that section, to read:
  736         101.62 Request for vote-by-mail ballots.—
  737         (1)(a) The supervisor shall accept a request for a vote-by
  738  mail ballot from an elector in person or in writing. One request
  739  is shall be deemed sufficient to receive a vote-by-mail ballot
  740  for all elections through the end of the calendar year of the
  741  next second ensuing regularly scheduled general election, unless
  742  the elector or the elector’s designee indicates at the time the
  743  request is made the elections within such period for which the
  744  elector desires to receive a vote-by-mail ballot. Such request
  745  may be considered canceled when any first-class mail sent by the
  746  supervisor to the elector is returned as undeliverable.
  747         (b) The supervisor may accept a written, an in-person, or a
  748  telephonic request for a vote-by-mail ballot to be mailed to an
  749  elector’s address on file in the Florida Voter Registration
  750  System from the elector, or, if directly instructed by the
  751  elector, a member of the elector’s immediate family, or the
  752  elector’s legal guardian. If an in-person or a telephonic
  753  request is made, the elector must provide the elector’s Florida
  754  driver license number, the elector’s Florida identification card
  755  number, or the last four digits of the elector’s social security
  756  number, whichever may be verified in the supervisor’s records.;
  757  If the ballot is requested to be mailed to an address other than
  758  the elector’s address on file in the Florida Voter Registration
  759  System, the request must be made in writing. A written request
  760  must be and signed by the elector and include the elector’s
  761  Florida driver license number, the elector’s Florida
  762  identification card number, or the last four digits of the
  763  elector’s social security number. However, an absent uniformed
  764  service voter or an overseas voter seeking a vote-by-mail ballot
  765  is not required to submit a signed, written request for a vote
  766  by-mail ballot that is being mailed to an address other than the
  767  elector’s address on file in the Florida Voter Registration
  768  System. For purposes of this section, the term “immediate
  769  family” has the same meaning as specified in paragraph (4)(c).
  770  The person making the request must disclose:
  771         1. The name of the elector for whom the ballot is
  772  requested.
  773         2. The elector’s address.
  774         3. The elector’s date of birth.
  775         4. The elector’s Florida driver license number, the
  776  elector’s Florida identification card number, or the last four
  777  digits of the elector’s social security number, whichever may be
  778  verified in the supervisor’s records.
  779         5. The requester’s name.
  780         6.5. The requester’s address.
  781         7.6. The requester’s driver license number, the requester’s
  782  identification card number, or the last four digits of the
  783  requester’s social security number, if available.
  784         8.7. The requester’s relationship to the elector.
  785         9.8. The requester’s signature (written requests only).
  786         (3) For each request for a vote-by-mail ballot received,
  787  the supervisor shall record: the date the request was made; the
  788  identity of the voter’s designee making the request, if any; the
  789  Florida driver license number, Florida identification card
  790  number, or last four digits of the social security number of the
  791  elector provided with a written request;, the date the vote-by
  792  mail ballot was delivered to the voter or the voter’s designee
  793  or the date the vote-by-mail ballot was delivered to the post
  794  office or other carrier; the address to which the ballot was
  795  mailed or the identity of the voter’s designee to whom the
  796  ballot was delivered;, the date the ballot was received by the
  797  supervisor;, the absence of the voter’s signature on the voter’s
  798  certificate, if applicable; whether the voter’s certificate
  799  contains a signature that does not match the elector’s signature
  800  in the registration books or precinct register;, and such other
  801  information he or she may deem necessary. This information shall
  802  be provided in electronic format as provided by division rule
  803  adopted by the division. The information shall be updated and
  804  made available no later than 8 a.m. of each day, including
  805  weekends, beginning 60 days before the primary until 15 days
  806  after the general election and shall be contemporaneously
  807  provided to the division. This information shall be confidential
  808  and exempt from s. 119.07(1) and shall be made available to or
  809  reproduced only for the voter requesting the ballot, a
  810  canvassing board, an election official, a political party or
  811  official thereof, a candidate who has filed qualification papers
  812  and is opposed in an upcoming election, and registered political
  813  committees for political purposes only.
  814         (4)
  815         (c) The supervisor shall provide a vote-by-mail ballot to
  816  each elector by whom a request for that ballot has been made by
  817  one of the following means:
  818         1. By nonforwardable, return-if-undeliverable mail to the
  819  elector’s current mailing address on file with the supervisor or
  820  any other address the elector specifies in the request.
  821         2. By forwardable mail, e-mail, or facsimile machine
  822  transmission to absent uniformed services voters and overseas
  823  voters. The absent uniformed services voter or overseas voter
  824  may designate in the vote-by-mail ballot request the preferred
  825  method of transmission. If the voter does not designate the
  826  method of transmission, the vote-by-mail ballot shall be mailed.
  827         3. By personal delivery before 7 p.m. on election day to
  828  the elector, upon presentation of the identification required in
  829  s. 101.043.
  830         4. By delivery to a designee on election day or up to 9
  831  days before prior to the day of an election. Any elector may
  832  designate in writing a person to pick up the ballot for the
  833  elector; however, the person designated may not pick up more
  834  than two vote-by-mail ballots per election, other than the
  835  designee’s own ballot, except that additional ballots may be
  836  picked up for members of the designee’s immediate family. For
  837  purposes of this section, “immediate family” means the
  838  designee’s spouse or the parent, child, grandparent, grandchild,
  839  or sibling of the designee or of the designee’s spouse. The
  840  designee shall provide to the supervisor the written
  841  authorization by the elector and a picture identification of the
  842  designee and must complete an affidavit. The designee shall
  843  state in the affidavit that the designee is authorized by the
  844  elector to pick up that ballot and shall indicate if the elector
  845  is a member of the designee’s immediate family and, if so, the
  846  relationship. The department shall prescribe the form of the
  847  affidavit. If the supervisor is satisfied that the designee is
  848  authorized to pick up the ballot and that the signature of the
  849  elector on the written authorization matches the signature of
  850  the elector on file, the supervisor shall give the ballot to
  851  that designee for delivery to the elector.
  852         5. Except as provided in s. 101.655, The supervisor may not
  853  deliver a vote-by-mail ballot to an elector or an elector’s
  854  immediate family member on the day of the election unless there
  855  is an emergency, to the extent that the elector will be unable
  856  to go to his or her assigned polling place. If a vote-by-mail
  857  ballot is delivered, the elector or his or her designee shall
  858  execute an affidavit affirming to the facts which allow for
  859  delivery of the vote-by-mail ballot. The department shall adopt
  860  a rule providing for the form of the affidavit.
  861         (7) Except as expressly authorized for voters having a
  862  disability under s. 101.662, for overseas voters under s.
  863  101.697, or for local referenda under ss. 101.6102 and 101.6103,
  864  a county, municipality, or state agency may not send a vote-by
  865  mail ballot to a voter unless the voter has requested a vote-by
  866  mail ballot in the manner authorized under this section.
  867         Section 25. Notwithstanding the amendments made to s.
  868  101.62(1)(a), Florida Statutes, by this act, an existing vote
  869  by-mail ballot request submitted before the effective date of
  870  this act is deemed sufficient for elections held through the end
  871  of the 2022 calendar year.
  872         Section 26. Subsection (1) of section 101.64, Florida
  873  Statutes, is amended to read:
  874         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  875         (1)(a) The supervisor shall enclose with each vote-by-mail
  876  ballot two envelopes: a secrecy envelope, into which the absent
  877  elector shall enclose his or her marked ballot; and a mailing
  878  envelope, into which the absent elector shall then place the
  879  secrecy envelope, which shall be addressed to the supervisor and
  880  also bear on the back side a certificate in substantially the
  881  following form:
  882  
  883           Note: Please Read Instructions Carefully Before         
  884         Marking Ballot and Completing Voter’s Certificate.        
  885  
  886                         VOTER’S CERTIFICATE                       
  887         I, ...., do solemnly swear or affirm that I am a qualified
  888  and registered voter of .... County, Florida, and that I have
  889  not and will not vote more than one ballot in this election. I
  890  understand that if I commit or attempt to commit any fraud in
  891  connection with voting, vote a fraudulent ballot, or vote more
  892  than once in an election, I can be convicted of a felony of the
  893  third degree and fined up to $5,000 and/or imprisoned for up to
  894  5 years. I also understand that failure to sign this certificate
  895  will invalidate my ballot.
  896  ...(Date)...                           ...(Voter’s Signature)...
  897  ...(E-Mail Address)...             ...(Home Telephone Number)...
  898  ...(Mobile Telephone Number)...
  899         (b) Each return mailing envelope must bear the absent
  900  elector’s name and any encoded mark used by the supervisor’s
  901  office.
  902         (c) A mailing envelope or secrecy envelope may not bear any
  903  indication of the political affiliation of an absent elector.
  904         Section 27. Subsections (1) and (2) of section 101.68,
  905  Florida Statutes, are amended to read:
  906         101.68 Canvassing of vote-by-mail ballot.—
  907         (1) The supervisor of the county where the absent elector
  908  resides shall receive the voted ballot, at which time the
  909  supervisor shall compare the signature of the elector on the
  910  voter’s certificate with the signature of the elector in the
  911  registration books or the precinct register to determine whether
  912  the elector is duly registered in the county and must may record
  913  on the elector’s registration record certificate that the
  914  elector has voted. During the signature comparison process, the
  915  supervisor may not use any knowledge of the political
  916  affiliation of the voter whose signature is subject to
  917  verification. An elector who dies after casting a vote-by-mail
  918  ballot but on or before election day shall remain listed in the
  919  registration books until the results have been certified for the
  920  election in which the ballot was cast. The supervisor shall
  921  safely keep the ballot unopened in his or her office until the
  922  county canvassing board canvasses the vote. Except as provided
  923  in subsection (4), after a vote-by-mail ballot is received by
  924  the supervisor, the ballot is deemed to have been cast, and
  925  changes or additions may not be made to the voter’s certificate.
  926         (2)(a) The county canvassing board may begin the canvassing
  927  of vote-by-mail ballots upon the completion of the public
  928  testing of automatic tabulating equipment pursuant to s.
  929  101.5612(2) at 7 a.m. on the 22nd day before the election, but
  930  must begin such canvassing by no not later than noon on the day
  931  following the election. In addition, for any county using
  932  electronic tabulating equipment, the processing of vote-by-mail
  933  ballots through such tabulating equipment may begin at 7 a.m. on
  934  the 22nd day before the election. However, notwithstanding any
  935  such authorization to begin canvassing or otherwise processing
  936  vote-by-mail ballots early, no result shall be released until
  937  after the closing of the polls in that county on election day.
  938  Any supervisor, deputy supervisor, canvassing board member,
  939  election board member, or election employee who releases the
  940  results of a canvassing or processing of vote-by-mail ballots
  941  prior to the closing of the polls in that county on election day
  942  commits a felony of the third degree, punishable as provided in
  943  s. 775.082, s. 775.083, or s. 775.084.
  944         (b) To ensure that all vote-by-mail ballots to be counted
  945  by the canvassing board are accounted for, the canvassing board
  946  shall compare the number of ballots in its possession with the
  947  number of requests for ballots received to be counted according
  948  to the supervisor’s file or list.
  949         (c)1. The canvassing board must, if the supervisor has not
  950  already done so, compare the signature of the elector on the
  951  voter’s certificate or on the vote-by-mail ballot cure affidavit
  952  as provided in subsection (4) with the signature of the elector
  953  in the registration books or the precinct register to see that
  954  the elector is duly registered in the county and to determine
  955  the legality of that vote-by-mail ballot. A vote-by-mail ballot
  956  may only be counted if:
  957         a. The signature on the voter’s certificate or the cure
  958  affidavit matches the elector’s signature in the registration
  959  books or precinct register; however, in the case of a cure
  960  affidavit, the supporting identification listed in subsection
  961  (4) must also confirm the identity of the elector; or
  962         b. The cure affidavit contains a signature that does not
  963  match the elector’s signature in the registration books or
  964  precinct register, but the elector has submitted a current and
  965  valid Tier 1 identification pursuant to subsection (4) which
  966  confirms the identity of the elector.
  967  
  968  For purposes of this subparagraph, any canvassing board finding
  969  that an elector’s signatures do not match must be by majority
  970  vote and beyond a reasonable doubt.
  971         2. The ballot of an elector who casts a vote-by-mail ballot
  972  shall be counted even if the elector dies on or before election
  973  day, as long as, before the death of the voter, the ballot was
  974  postmarked by the United States Postal Service, date-stamped
  975  with a verifiable tracking number by a common carrier, or
  976  already in the possession of the supervisor.
  977         3. A vote-by-mail ballot is not considered illegal if the
  978  signature of the elector does not cross the seal of the mailing
  979  envelope.
  980         4. If any elector or candidate present believes that a
  981  vote-by-mail ballot is illegal due to a defect apparent on the
  982  voter’s certificate or the cure affidavit, he or she may, at any
  983  time before the ballot is removed from the envelope, file with
  984  the canvassing board a protest against the canvass of that
  985  ballot, specifying the precinct, the voter’s certificate or the
  986  cure affidavit the ballot, and the reason he or she believes the
  987  ballot to be illegal. A challenge based upon a defect in the
  988  voter’s certificate or cure affidavit may not be accepted after
  989  the ballot has been removed from the mailing envelope.
  990         5. If the canvassing board determines that a ballot is
  991  illegal, a member of the board must, without opening the
  992  envelope, mark across the face of the envelope: “rejected as
  993  illegal.” The cure affidavit, if applicable, the envelope, and
  994  the ballot therein shall be preserved in the manner that
  995  official ballots are preserved.
  996         (d) The canvassing board shall record the ballot upon the
  997  proper record, unless the ballot has been previously recorded by
  998  the supervisor. The mailing envelopes shall be opened and the
  999  secrecy envelopes shall be mixed so as to make it impossible to
 1000  determine which secrecy envelope came out of which signed
 1001  mailing envelope; however, in any county in which an electronic
 1002  or electromechanical voting system is used, the ballots may be
 1003  sorted by ballot styles and the mailing envelopes may be opened
 1004  and the secrecy envelopes mixed separately for each ballot
 1005  style. The votes on vote-by-mail ballots shall be included in
 1006  the total vote of the county.
 1007         Section 28. Subsection (2) of section 101.69, Florida
 1008  Statutes, is amended, and subsection (3) is added to that
 1009  section, to read:
 1010         101.69 Voting in person; return of vote-by-mail ballot.—
 1011         (2)(a) The supervisor shall allow an elector who has
 1012  received a vote-by-mail ballot to physically return a voted
 1013  vote-by-mail ballot to the supervisor by placing the return mail
 1014  envelope containing his or her marked ballot in a secure drop
 1015  box. Secure drop boxes shall be placed at the main office of the
 1016  supervisor, at each permanent branch office of the supervisor,
 1017  and at each early voting site. Secure drop boxes may also be
 1018  placed at any other site that would otherwise qualify as an
 1019  early voting site under s. 101.657(1). Drop boxes must be
 1020  geographically located so as to provide all voters in the county
 1021  with an equal opportunity to cast a ballot, insofar as is
 1022  practicable. Except for secure drop boxes at an office of the
 1023  supervisor, a secure drop box may only be used; provided,
 1024  however, that any such site must be staffed during the county’s
 1025  early voting hours of operation and must be monitored in person
 1026  by an employee of the supervisor’s office. A secure drop box at
 1027  an office of the supervisor must be continuously monitored in
 1028  person by an employee of the supervisor’s office when the drop
 1029  box is accessible for deposit of ballots or a sworn law
 1030  enforcement officer.
 1031         (b) A supervisor shall designate each drop box site at
 1032  least 30 days before an election. The supervisor shall provide
 1033  the address of each drop box location to the division at least
 1034  30 days before an election. After a drop box location has been
 1035  designated, it may not be moved or changed except as approved by
 1036  the division to correct a violation of this subsection.
 1037         (c)1. On each day of early voting, all drop boxes must be
 1038  emptied at the end of early voting hours and all ballots
 1039  retrieved from the drop boxes must be returned to the
 1040  supervisor’s office.
 1041         2. For drop boxes located at an office of the supervisor,
 1042  all ballots must be retrieved before the drop box is no longer
 1043  monitored by an employee of the supervisor.
 1044         3. Employees of the supervisor must comply with procedures
 1045  for the chain of custody of ballots as required by s.
 1046  101.015(4).
 1047         (3) If any drop box is left accessible for ballot receipt
 1048  other than as authorized by this section, the supervisor is
 1049  subject to a civil penalty of $25,000. The division is
 1050  authorized to enforce this provision.
 1051         Section 29. Paragraphs (a), (b), and (e) of subsection (4)
 1052  of section 102.031, Florida Statutes, are amended to read:
 1053         102.031 Maintenance of good order at polls; authorities;
 1054  persons allowed in polling rooms and early voting areas;
 1055  unlawful solicitation of voters.—
 1056         (4)(a) No person, political committee, or other group or
 1057  organization may solicit voters inside the polling place or
 1058  within 150 feet of a drop box or the entrance to any polling
 1059  place, a polling room where the polling place is also a polling
 1060  room, an early voting site, or an office of the supervisor where
 1061  vote-by-mail ballots are requested and printed on demand for the
 1062  convenience of electors who appear in person to request them.
 1063  Before the opening of a drop box location, a the polling place,
 1064  or an early voting site, the clerk or supervisor shall designate
 1065  the no-solicitation zone and mark the boundaries.
 1066         (b) For the purpose of this subsection, the terms “solicit”
 1067  or “solicitation” shall include, but not be limited to, seeking
 1068  or attempting to seek any vote, fact, opinion, or contribution;
 1069  distributing or attempting to distribute any political or
 1070  campaign material, leaflet, or handout; conducting a poll except
 1071  as specified in this paragraph; seeking or attempting to seek a
 1072  signature on any petition; and selling or attempting to sell any
 1073  item; and engaging in any activity with the intent to influence
 1074  or effect of influencing a voter. The terms “solicit” or
 1075  “solicitation” may not be construed to prohibit an employee of,
 1076  or a volunteer with, the supervisor from providing nonpartisan
 1077  assistance to voters within the no-solicitation zone such as,
 1078  but not limited to, giving items to voters, or to prohibit exit
 1079  polling.
 1080         (e) The owner, operator, or lessee of the property on which
 1081  a polling place or an early voting site is located, or an agent
 1082  or employee thereof, may not prohibit the solicitation of voters
 1083  by a candidate or a candidate’s designee outside of the no
 1084  solicitation zone during polling hours.
 1085         Section 30. Section 102.072, Florida Statutes, is created
 1086  to read:
 1087         102.072 Vote-by-mail count reporting.—Beginning at 7:00
 1088  p.m. election day, the supervisor must, at least once every hour
 1089  while actively counting, post on his or her website the number
 1090  of vote-by-mail ballots that have been received and the number
 1091  of vote-by-mail ballots that remain uncounted.
 1092         Section 31. Subsection (1) and paragraphs (a) and (b) of
 1093  subsection (2) of section 102.141, Florida Statutes, are amended
 1094  to read:
 1095         102.141 County canvassing board; duties.—
 1096         (1) The county canvassing board shall be composed of the
 1097  supervisor of elections; a county court judge, who shall act as
 1098  chair; and the chair of the board of county commissioners. The
 1099  names of the canvassing board members must be published on the
 1100  supervisor’s website upon completion of the logic and accuracy
 1101  test. Alternate canvassing board members must be appointed
 1102  pursuant to paragraph (e). In the event any member of the county
 1103  canvassing board is unable to serve, is a candidate who has
 1104  opposition in the election being canvassed, or is an active
 1105  participant in the campaign or candidacy of any candidate who
 1106  has opposition in the election being canvassed, such member
 1107  shall be replaced as follows:
 1108         (a) If no county court judge is able to serve or if all are
 1109  disqualified, the chief judge of the judicial circuit in which
 1110  the county is located shall appoint as a substitute member a
 1111  qualified elector of the county who is not a candidate with
 1112  opposition in the election being canvassed and who is not an
 1113  active participant in the campaign or candidacy of any candidate
 1114  with opposition in the election being canvassed. In such event,
 1115  the members of the county canvassing board shall meet and elect
 1116  a chair.
 1117         (b) If the supervisor of elections is unable to serve or is
 1118  disqualified, the chair of the board of county commissioners
 1119  shall appoint as a substitute member a member of the board of
 1120  county commissioners who is not a candidate with opposition in
 1121  the election being canvassed and who is not an active
 1122  participant in the campaign or candidacy of any candidate with
 1123  opposition in the election being canvassed. The supervisor,
 1124  however, shall act in an advisory capacity to the canvassing
 1125  board.
 1126         (c) If the chair of the board of county commissioners is
 1127  unable to serve or is disqualified, the board of county
 1128  commissioners shall appoint as a substitute member one of its
 1129  members who is not a candidate with opposition in the election
 1130  being canvassed and who is not an active participant in the
 1131  campaign or candidacy of any candidate with opposition in the
 1132  election being canvassed.
 1133         (d) If a substitute member or alternate member cannot be
 1134  appointed as provided elsewhere in this subsection, or in the
 1135  event of a vacancy in such office, the chief judge of the
 1136  judicial circuit in which the county is located shall appoint as
 1137  a substitute member or alternate member a qualified elector of
 1138  the county who is not a candidate with opposition in the
 1139  election being canvassed and who is not an active participant in
 1140  the campaign or candidacy of any candidate with opposition in
 1141  the election being canvassed.
 1142         (e)1. The chief judge of the judicial circuit in which the
 1143  county is located shall appoint a county court judge as an
 1144  alternate member of the county canvassing board or, if each
 1145  county court judge is unable to serve or is disqualified, shall
 1146  appoint an alternate member who is qualified to serve as a
 1147  substitute member under paragraph (a).
 1148         2. The chair of the board of county commissioners shall
 1149  appoint a member of the board of county commissioners as an
 1150  alternate member of the county canvassing board or, if each
 1151  member of the board of county commissioners is unable to serve
 1152  or is disqualified, shall appoint an alternate member who is
 1153  qualified to serve as a substitute member under paragraph (d).
 1154         3. If a member of the county canvassing board is unable to
 1155  participate in a meeting of the board, the chair of the county
 1156  canvassing board or his or her designee shall designate which
 1157  alternate member will serve as a member of the board in the
 1158  place of the member who is unable to participate at that
 1159  meeting.
 1160         4. If not serving as one of the three members of the county
 1161  canvassing board, an alternate member may be present, observe,
 1162  and communicate with the three members constituting the county
 1163  canvassing board, but may not vote in the board’s decisions or
 1164  determinations.
 1165         (2)(a) The county canvassing board shall meet in a building
 1166  accessible to the public in the county where the election
 1167  occurred at a time and place to be designated by the supervisor
 1168  to publicly canvass the absent electors’ ballots as provided for
 1169  in s. 101.68 and provisional ballots as provided by ss. 101.048,
 1170  101.049, and 101.6925. During each meeting of the county
 1171  canvassing board, each political party and each candidate may
 1172  have one watcher able to view directly or on a display screen
 1173  ballots being examined for signature matching and other
 1174  processes. Provisional ballots cast pursuant to s. 101.049 shall
 1175  be canvassed in a manner that votes for candidates and issues on
 1176  those ballots can be segregated from other votes. As soon as the
 1177  absent electors’ ballots and the provisional ballots are
 1178  canvassed, the board shall proceed to publicly canvass the vote
 1179  given each candidate, nominee, constitutional amendment, or
 1180  other measure submitted to the electorate of the county, as
 1181  shown by the returns then on file in the office of the
 1182  supervisor.
 1183         (b) Public notice of the canvassing board members,
 1184  alternates, time, and place at which the county canvassing board
 1185  shall meet to canvass the absent electors’ ballots and
 1186  provisional ballots must be given at least 48 hours prior
 1187  thereto by publication on the supervisor’s website and published
 1188  in one or more newspapers of general circulation in the county
 1189  or, if there is no newspaper of general circulation in the
 1190  county, by posting such notice in at least four conspicuous
 1191  places in the county. The time given in the notice as to the
 1192  convening of the meeting of the county canvassing board must be
 1193  specific and may not be a time period during which the board may
 1194  meet.
 1195         Section 32. Section 104.0616, Florida Statutes, is amended
 1196  to read:
 1197         104.0616 Vote-by-mail ballots and voting; violations.—
 1198         (1) For purposes of this section, the term “immediate
 1199  family” means a person’s spouse or the parent, child,
 1200  grandparent, grandchild, or sibling of the person or the
 1201  person’s spouse.
 1202         (2) Any person who distributes, orders, requests, collects,
 1203  delivers provides or offers to provide, and any person who
 1204  accepts, a pecuniary or other benefit in exchange for
 1205  distributing, ordering, requesting, collecting, delivering, or
 1206  otherwise physically possesses possessing more than two vote-by
 1207  mail ballots per election in addition to his or her own ballot
 1208  or a ballot belonging to an immediate family member, except as
 1209  provided in ss. 101.6105-101.694, including supervised voting at
 1210  assisted living facilities and nursing home facilities as
 1211  authorized under s. 101.655, commits a misdemeanor of the first
 1212  degree, punishable as provided in s. 775.082 or, s. 775.083, or
 1213  s. 775.084.
 1214         Section 33. This act shall take effect upon becoming a law.
 1215  
 1216  ================= T I T L E  A M E N D M E N T ================
 1217  And the title is amended as follows:
 1218         Delete lines 1182 - 1313
 1219  and insert:
 1220         An act relating to elections; creating s. 97.029,
 1221         F.S.; prohibiting certain persons from settling
 1222         certain actions, consenting to conditions, or agreeing
 1223         to certain orders in certain circumstances; requiring
 1224         certain persons to make certain legal challenges and
 1225         move to dismiss or otherwise terminate a court’s
 1226         jurisdiction in certain circumstances; creating s.
 1227         97.0291, F.S.; prohibiting certain agencies and state
 1228         and local officials from soliciting, accepting, or
 1229         otherwise using private funds for election-related
 1230         expenses; providing for construction; amending s.
 1231         97.052, F.S.; revising requirements for the uniform
 1232         statewide voter registration application; amending s.
 1233         97.0525, F.S.; requiring the Division of Elections to
 1234         maintain a website for the online voter registration
 1235         system; providing additional requirements for a
 1236         biennial comprehensive risk assessment of the online
 1237         voter registration system; amending s. 97.053, F.S.;
 1238         revising requirements governing the acceptance of
 1239         voter registration applications; amending s. 97.057,
 1240         F.S.; requiring the Department of Highway Safety and
 1241         Motor Vehicle to assist the Department of State in
 1242         identifying certain residence address changes;
 1243         requiring the Department of State to report such
 1244         changes to supervisors of elections; amending s.
 1245         97.0575, F.S.; revising requirements governing third
 1246         party voter registration organizations; providing
 1247         applicability; revising circumstances under which a
 1248         third-party voter registration organization is subject
 1249         to fines for violations regarding the delivery of
 1250         voter registration applications; revising requirements
 1251         for division rules governing third-party voter
 1252         registration organizations; amending s. 97.0585, F.S.;
 1253         deleting an exemption from public records requirements
 1254         for information related to a voter registration
 1255         applicant’s or voter’s prior felony conviction and his
 1256         or her restoration of voting rights to conform to
 1257         changes made by the act; amending s. 97.1031, F.S.;
 1258         revising information that an elector must provide to a
 1259         supervisor of elections when the elector changes his
 1260         or her residence address, party affiliation, or name;
 1261         amending s. 98.0981, F.S.; providing that certain
 1262         ballot types or precinct subtotals may not be reported
 1263         in precinct-level election results; requiring
 1264         supervisors of elections to make certain data
 1265         available on their websites and transmit such data to
 1266         the division; requiring the division to create and
 1267         maintain a certain dashboard; amending s. 99.012,
 1268         F.S.; removing provisions relating to the method of
 1269         filling a vacancy created by an officer’s resignation
 1270         to qualify as a candidate for another public office;
 1271         amending s. 99.021, F.S.; revising the oath for
 1272         candidates seeking to qualify for nomination as a
 1273         candidate of a political party; requiring a person
 1274         seeking to qualify for office as a candidate with no
 1275         party affiliation to subscribe to an oath or
 1276         affirmation that he or she is registered without party
 1277         affiliation and has not been a registered member of a
 1278         political party for a specified timeframe; amending
 1279         ss. 99.061 and 99.063, F.S.; conforming provisions to
 1280         changes made by the act; amending s. 100.111, F.S.;
 1281         revising the method of filling a vacancy in nomination
 1282         for a political party; amending s. 101.051, F.S.;
 1283         prohibiting certain solicitation of voters at drop box
 1284         locations; increasing the no-solicitation zone
 1285         surrounding a drop box location or the entrance of a
 1286         polling place or an early voting site wherein certain
 1287         activities are prohibited; conforming a provision;
 1288         amending s. 101.131, F.S.; revising requirements for
 1289         poll watcher identification badges; amending s.
 1290         101.545, F.S.; requiring ballots, forms, and election
 1291         materials to be retained for a specified minimum
 1292         timeframe following an election; amending s. 101.5605,
 1293         F.S.; revising the timeframe within which the
 1294         Department of State must approve or disapprove a
 1295         voting system submitted for certification; amending s.
 1296         101.5614, F.S.; revising requirements for making true
 1297         duplicate copies of vote-by-mail ballots under certain
 1298         circumstances; requiring that an observer of the
 1299         duplication of ballots be provided certain allowances;
 1300         requiring that the duplication process take place in
 1301         the presence of a canvassing board member; requiring a
 1302         canvassing board to make certain determinations;
 1303         amending s. 101.572, F.S.; requiring that voter
 1304         certificates be open for public inspection; providing
 1305         certain persons with reasonable access to ballot
 1306         materials; requiring a supervisor to publish notice of
 1307         such access; amending s. 101.591, F.S.; revising the
 1308         timeframe and requirements for the voting systems
 1309         audit report submitted to the department; amending s.
 1310         101.595, F.S.; requiring a specified report regarding
 1311         overvotes and undervotes to be submitted with the
 1312         voting systems audit report; revising the date by
 1313         which the department must submit the report to the
 1314         Governor and Legislature; amending s. 101.62, F.S.;
 1315         limiting the duration of requests for vote-by-mail
 1316         ballots to all elections through the end of the
 1317         calendar year of the next regularly scheduled general
 1318         election; requiring certain vote-by-mail ballot
 1319         requests to include additional identifying information
 1320         regarding the requesting elector; requiring
 1321         supervisors of elections to record whether a voter’s
 1322         certificate on a vote-by-mail ballot has a mismatched
 1323         signature; revising the definition of the term
 1324         “immediate family” to conform to changes made by the
 1325         act; prohibiting counties, municipalities, and state
 1326         agencies from sending vote-by-mail ballots to voters
 1327         absent a request; specifying applicability of the act
 1328         to outstanding vote-by-mail ballot requests; amending
 1329         s. 101.64, F.S.; revising requirements for vote-by
 1330         mail ballot mailing envelopes and secrecy envelopes;
 1331         amending s. 101.68, F.S.; specifying that the
 1332         supervisor may not use any knowledge of a voter’s
 1333         party affiliation during the signature comparison
 1334         process; authorizing the canvassing of vote-by-mail
 1335         ballots upon the completion of the public preelection
 1336         testing of automatic tabulating equipment; revising
 1337         duties of the canvassing board with respect to
 1338         protests; amending s. 101.69, F.S.; revising
 1339         requirements governing the placement and supervision
 1340         of secure drop boxes for the return of vote-by-mail
 1341         ballots; requiring the supervisor to designate drop
 1342         box locations in advance of an election; prohibiting
 1343         changes in drop box locations for an election after
 1344         their initial designation; specifying requirements
 1345         regarding the retrieval of vote-by-mail ballots
 1346         returned in a drop box; providing that the supervisor
 1347         is subject to a civil penalty for certain violations
 1348         regarding drop boxes; amending s. 102.031, F.S.;
 1349         prohibiting certain solicitation activities within a
 1350         specified area surrounding a drop box; expanding the
 1351         definition of “solicit” and “solicitation”; providing
 1352         for construction; restricting certain persons from
 1353         prohibiting the solicitation of voters by a candidate
 1354         or a candidate’s designee outside of the no
 1355         solicitation zone; creating s. 102.072, F.S.;
 1356         requiring the supervisor of elections to post and
 1357         update on his or her website vote-by-mail ballot data
 1358         at specified intervals; amending s. 102.141, F.S.;
 1359         requiring the names of canvassing board members be
 1360         published on the supervisor’s website before the
 1361         tabulation of any vote-by-mail ballots in an election;
 1362         authorizing each political party and candidate to have
 1363         one watcher at canvassing board meetings within a
 1364         distance that allows him or her to directly observe
 1365         proceedings; requiring additional information be
 1366         included in public notices of canvassing board
 1367         meetings; amending s. 104.0616, F.S.; revising the
 1368         definition of “immediate family”; prohibiting any
 1369         person from distributing, ordering, requesting,
 1370         collecting, delivering, or otherwise physically
 1371         possessing more than two vote-by-mail ballots of other
 1372         electors per election, not including immediate family
 1373         members; providing exceptions; providing a penalty;
 1374         providing an effective date.