Senate Bill sb0618c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                            CS for SB 618

    By the Committee on Ethics and Elections; and Senator
    Sanderson




    313-1764-02

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.021, F.S.; redefining the term "provisional

  4         ballot"; amending s. 97.0555, F.S.; requiring

  5         late registration to be done in the office of

  6         the supervisor of elections; amending s.

  7         98.045, F.S.; including the statewide voter

  8         registration database in provisions governing

  9         the administration of voter registration;

10         amending s. 98.0977, F.S.; revising provisions

11         relating to accessing agency data for the

12         statewide voter registration database; amending

13         s. 98.0979, F.S.; revising provisions for

14         requesting and furnishing voter registration

15         information from the statewide voter

16         registration database; amending s. 101.031,

17         F.S.; revising the Voter's Bill of Rights;

18         amending s. 101.048, F.S.; revising the

19         procedure for completing and canvassing

20         provisional ballots; revising the Provisional

21         Ballot Voter's Certificate; amending s.

22         101.151, F.S.; revising specifications for

23         ballots; creating s. 101.2512, F.S.; providing

24         requirements for the printing of candidates'

25         names on general election ballots; creating s.

26         101.475, F.S.; prescribing poll-worker

27         procedures where the name of a potential voter

28         is not on the precinct register; amending s.

29         101.5601, F.S.; revising a reference; amending

30         s. 101.5606, F.S.; revising requirements for

31         voting systems with respect to overvoted and

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         undervoted ballots; amending s. 101.5608, F.S.;

  2         revising a reference; amending s. 101.5611,

  3         F.S.; requiring direct voting instruction

  4         instead of provision of a voting instruction

  5         model; amending s. 101.5612, F.S.; revising

  6         requirements for sample testing of electronic

  7         or electromechanical tabulation devices;

  8         correcting terminology; amending s. 101.5614,

  9         F.S.; revising provisions for duplicating

10         defective ballots for purposes of tallying

11         valid votes; clarifying the prohibition against

12         releasing the results of an election prior to

13         the closing of the polls; eliminating obsolete

14         provisions; amending s. 101.595, F.S.; limiting

15         the information on voting problems that

16         supervisors of elections are required to report

17         to the Department of State following a general

18         election; amending s. 101.68, F.S.; clarifying

19         the prohibition against releasing the results

20         of a canvassing or processing of absentee

21         ballots prior to the closing of the polls;

22         amending s. 101.69, F.S.; revising requirements

23         for electors who have received absentee ballots

24         but desire to vote in person; amending s.

25         102.014, F.S.; revising minimum training

26         requirements for poll workers; amending s.

27         102.141, F.S.; revising times for canvassing

28         boards to submit unofficial returns to the

29         Department of State, including those submitted

30         after a recount has been conducted; providing

31         for the duplication of ballots that are damaged

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         and cannot be counted by the automatic

  2         tabulating equipment during a recount;

  3         eliminating obsolete provisions; amending s.

  4         102.166, F.S.; revising the date by which a

  5         request for a manual recount must be made;

  6         requiring comparison of duplicate ballots with

  7         their original ballots during a manual recount;

  8         amending s. 46, ch. 2001-40, Laws of Florida;

  9         providing campaign finance reporting

10         requirements preceding the 2002 primary

11         election for candidates involved in public

12         campaign financing races; amending s. 105.031,

13         F.S.; providing an earlier qualifying period

14         for candidates for judicial office; repealing

15         s. 101.22, F.S., relating to the voting

16         procedure for paper ballots; repealing s.

17         101.5615, F.S., relating to recounts and

18         election contests under the "Electronic Voting

19         Systems Act"; repealing s. 101.72, F.S.,

20         relating to voting booths and compartments;

21         providing effective dates.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Subsection (25) of section 97.021, Florida

26  Statutes, is amended to read:

27         97.021  Definitions.--For the purposes of this code,

28  except where the context clearly indicates otherwise, the

29  term:

30

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         (25)  "Provisional ballot" means a conditional ballot

  2  issued to a voter by the election board at the polling place

  3  on election day. for one of the following reasons:

  4         (a)  The voter's name does not appear on the precinct

  5  register and verification of the voter's eligibility cannot be

  6  determined; or

  7         (b)  There is an indication on the precinct register

  8  that the voter has requested an absentee ballot and there is

  9  no indication whether the voter has returned the absentee

10  ballot.

11         Section 2.  Section 97.0555, Florida Statutes, is

12  amended to read:

13         97.0555  Late registration.--An individual or

14  accompanying family member who has been discharged or

15  separated from the uniformed services or the, Merchant Marine,

16  or from employment outside the territorial limits of the

17  United States, after the book-closing date for an election

18  pursuant to s. 97.055 and who is otherwise qualified, may

19  register to vote in such election until 5 p.m. on the Friday

20  before that election in the office of the supervisor of

21  elections. Such persons must produce sufficient documentation

22  showing evidence of qualifying for late registration pursuant

23  to this section. The Department of State shall adopt rules

24  specifying documentation that is sufficient to determine

25  eligibility.

26         Section 3.  Subsections (1) and (3) of section 98.045,

27  Florida Statutes, are amended to read:

28         98.045  Administration of voter registration.--

29         (1)  Each supervisor must ensure that any eligible

30  applicant for voter registration is registered to vote. Once a

31  voter is registered, the name of that voter may not be removed

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1  from the registration books except at the written request of

  2  the voter, by reason of the voter's conviction of a felony or

  3  adjudication as mentally incapacitated with respect to voting,

  4  by death of the voter, or pursuant to a registration list

  5  maintenance program or other registration list maintenance

  6  activity conducted pursuant to s. 98.065, or s. 98.075, or s.

  7  98.0977.

  8         (3)  Notwithstanding the provisions of ss. 98.095, and

  9  98.097, and 98.0977 each supervisor shall maintain for at

10  least 2 years, and make available for public inspection and

11  copying, all records concerning implementation of registration

12  list maintenance programs and activities conducted pursuant to

13  ss. 98.065, and 98.075, and 98.0977. The records must include

14  lists of the name and address of each person to whom an

15  address confirmation final notice was sent and information as

16  to whether each such person responded to the mailing, but may

17  not include any information that is confidential or exempt

18  from public record requirements under this code.

19         Section 4.  Subsection (4) of section 98.0977, Florida

20  Statutes, is amended to read:

21         98.0977  Statewide voter registration database;

22  development and maintenance.--

23         (4)  To the maximum extent feasible, state and local

24  government entities shall facilitate provision of information

25  and access to data to the department Florida Association of

26  Court Clerks in order to compare information in the statewide

27  voter registration database with available information in

28  other computer databases, including, but not limited to,

29  databases that contain reliable criminal records and records

30  of deceased persons. State and local governmental agencies

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1  that provide such data shall do so without charge if the

  2  direct cost incurred by those agencies is not significant.

  3         Section 5.  Paragraph (b) of subsection (1) of section

  4  98.0979, Florida Statutes, is amended to read:

  5         98.0979  Statewide voter registration database open to

  6  inspection; copies.--

  7         (1)

  8         (b)  Within 15 days after a request for voter

  9  registration information, the division or supervisor of

10  elections shall furnish any requested information, excluding

11  only a voter's signature, social security number, and such

12  other information that is by statute specifically made

13  confidential or is exempt from public records requirements.  A

14  request for county information must be made to the supervisor

15  of elections of that county, and a request for multicounty or

16  statewide information must be made to the division.  A

17  supervisor of elections is not responsible for providing any

18  information other than information from the supervisor's own

19  county.

20         Section 6.  Subsection (2) of section 101.031, Florida

21  Statutes, is amended to read:

22         101.031  Instructions for electors.--

23         (2)  The supervisor of elections in each county shall

24  have posted at each polling place in the county the Voter's

25  Bill of Rights and Responsibilities in the following form:

26

27                      VOTER'S BILL OF RIGHTS

28

29         Each registered voter in this state has the right to:

30         1.  Vote and have his or her vote accurately counted.

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         2.  Cast a vote if he or she is in line at the official

  2  closing of when the polls in that county are closing.

  3         3.  Ask for and receive assistance in voting.

  4         4.  Receive up to two replacement ballots if he or she

  5  makes a mistake prior to the ballot being cast.

  6         5.  An explanation if his or her registration is in

  7  question.

  8         6.  If his or her registration is in question, cast a

  9  provisional ballot.

10         7.  Prove his or her identity by signing an affidavit

11  if election officials doubt the voter's identity.

12         8.  Written instructions to use when voting, and, upon

13  request, oral instructions in voting from elections officers.

14         9.  Vote free from coercion or intimidation by

15  elections officers or any other person.

16         10.  Vote on a voting system that is in working

17  condition and that will allow votes to be accurately cast.

18

19                      VOTER RESPONSIBILITIES

20

21         Each registered voter in this state has the

22  responsibility to:

23         1.  Study and know candidates and issues.

24         2.  Keep his or her voter address current.

25         3.  Know his or her precinct and its hours of

26  operation.

27         4.  Bring proper identification to the polling station.

28         5.  Know how to operate voting equipment properly.

29         6.  Treat precinct workers with courtesy.

30         7.  Respect the privacy of other voters.

31         8.  Report problems or violations of election law.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         9.  Ask questions when confused.

  2         10.  Check his or her completed ballot for accuracy.

  3         Section 7.  Subsections (1), (2), and (3) of section

  4  101.048, Florida Statutes, are amended to read:

  5         101.048  Provisional ballots.--

  6         (1)  A person voting a provisional ballot as provided

  7  in s. 101.475 or other provision of law shall place the ballot

  8  At all elections, a voter claiming to be properly registered

  9  in the county and eligible to vote at the precinct in the

10  election, but whose eligibility cannot be determined, shall be

11  entitled to vote a provisional ballot. Once voted, the

12  provisional ballot shall be placed in a secrecy envelope,

13  place the secrecy envelope and thereafter sealed in a

14  provisional ballot envelope, seal the provisional ballot

15  envelope, and fill out the Provisional Ballot Voter's

16  Certificate on the back of the provisional ballot envelope.

17  The provisional ballot envelope shall be deposited in a ballot

18  box. All provisional ballots shall remain sealed in their

19  envelopes for return to the supervisor of elections.

20         (2)(a)  The county canvassing board shall examine each

21  provisional ballot envelope to determine if the person voting

22  that ballot was entitled to vote at the precinct where the

23  person cast a vote in the election and that the person had not

24  already cast a ballot in the election.

25         (b)1.  If it is determined that the person was

26  registered and entitled to vote at the precinct where the

27  person cast a vote in the election, the canvassing board shall

28  compare the signature on the provisional ballot envelope with

29  the signature on the voter's registration and, if it matches,

30  shall count the ballot.

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         2.  If it is determined that the person voting the

  2  provisional ballot was not registered or entitled to vote at

  3  the precinct where the person cast a vote in the election, the

  4  provisional ballot shall not be counted and the ballot shall

  5  remain in the envelope containing the Provisional Ballot

  6  Voter's Certificate and Affirmation and the envelope shall be

  7  marked "Rejected as Illegal."

  8         (3)  The Provisional Ballot Voter's Certificate and

  9  Affirmation shall be in substantially the following form:

10

11  STATE OF FLORIDA

12  COUNTY OF ....

13

14         I do solemnly swear (or affirm) that my name is ....;

15  that my date of birth is ....; that I am registered to vote

16  and at the time I registered I resided at ...., in the

17  municipality of ...., in .... County, Florida; that I am

18  registered in the .... Party; that I am a qualified voter of

19  the county; and that I have not voted in this election.  I

20  understand that if I commit any fraud in connection with

21  voting, vote a fraudulent ballot, or vote more than once in an

22  election, I can be convicted of a felony of the third degree

23  and fined up to $5,000 and/or imprisoned for up to 5 years.

24                                      ...(Signature of Voter)...

25                               ...(Current Residence Address)...

26                                 ...(Current Mailing Address)...

27                                   ...(City, State, Zip Code)...

28

29  Sworn to and subscribed before me this .... day of ........,

30  ...(year)....

31  ...(Clerk or Inspector of Election Official)...

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1

  2  Precinct # ....                Ballot Style/Party Issued: ....

  3

  4  Additional information may be provided to further assist the

  5  supervisor of elections in determining eligibility. If known,

  6  please provide the place and date that you registered to vote.

  7

  8         Section 8.  Paragraphs (a) and (c) of subsection (2) of

  9  section 101.151, Florida Statutes, are amended to read:

10         101.151  Specifications for ballots.--

11         (2)(a)  The ballot shall have headings under which

12  shall appear the names of the offices and the names of the

13  duly nominated candidates for the respective offices in the

14  following order:  the heading "President and Vice President"

15  and thereunder the names of the candidates for President and

16  Vice President of the United States nominated by the political

17  party that received the highest vote for Governor in the last

18  general election of the Governor in this state.  Then shall

19  appear the names of other candidates for President and Vice

20  President of the United States who have been properly

21  nominated.  Votes cast for write-in candidates for President

22  and Vice President shall be counted as votes cast for the

23  presidential electors supporting such candidates.  Then shall

24  follow the heading "Congressional" and thereunder the offices

25  of United States Senator and Representative in Congress; then

26  the heading "State" and thereunder the offices of Governor and

27  Lieutenant Governor, Secretary of State, Attorney General,

28  Chief Financial Officer Comptroller, Treasurer, Commissioner

29  of Education, Commissioner of Agriculture, state attorney, and

30  public defender, together with the names of the candidates for

31  each office and the title of the office which they seek; then

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1  the heading "Legislative" and thereunder the offices of state

  2  senator and state representative; then the heading "County"

  3  and thereunder clerk of the circuit court, clerk of the county

  4  court (when authorized by law), sheriff, property appraiser,

  5  tax collector, district superintendent of schools, and

  6  supervisor of elections. Thereafter follows: members of the

  7  board of county commissioners, and such other county and

  8  district offices as are involved in the general election, in

  9  the order fixed by the Department of State, followed, in the

10  year of their election, by "Party Offices," and thereunder the

11  offices of state and county party executive committee members.

12  In a general election, in addition to the names printed on the

13  ballot, a blank space shall be provided under each heading for

14  an office for which a write-in candidate has qualified. With

15  respect to write-in candidates, if two or more candidates are

16  seeking election to one office, only one blank space shall be

17  provided.

18         (c)  If in any election all the offices as set forth in

19  paragraph (a) are not involved, those offices not to be filled

20  shall be omitted and the remaining offices shall be arranged

21  on the ballot in the order named.

22         Section 9.  Section 101.2512, Florida Statutes, is

23  created to read:

24         101.2512  Candidates' names on general election

25  ballots.--

26         (1)  The supervisor of elections shall print on the

27  general election ballot the names of candidates nominated by

28  primary election or special primary election or the names of

29  candidates selected by the appropriate executive committee of

30  any political party pursuant to the requirements of this code.

31

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         (2)  In addition to the names printed on the ballot as

  2  provided in subsection (1), the supervisor of elections shall

  3  print on the general election ballot the names of each

  4  nonpartisan candidate, minor party candidate, or candidate

  5  with no party affiliation who has obtained a position on the

  6  general election ballot in compliance with the requirements of

  7  this code.

  8         Section 10.  Section 101.475, Florida Statutes, is

  9  created to read:

10         101.475  Procedure of election officials where name is

11  not on precinct register.--

12         (1)  If a person presents himself or herself to vote

13  and his or her name is not on the precinct register, the

14  pollworker shall contact the office of the supervisor of

15  elections or access a master list of registered voters in the

16  county to determine whether the person is registered to vote.

17         (2)  If the person is registered in the county and is

18  in the correct precinct, the person shall be allowed to vote.

19         (3)  If the person is registered in the county but is

20  not in the correct precinct, the pollworker shall direct the

21  person to the proper precinct to vote.

22         (4)  If the pollworker is unable to verify whether the

23  person is registered in the county, the pollworker shall issue

24  the person a provisional ballot pursuant to s. 101.048.

25         (5)  If the pollworker verifies that the person is not

26  registered in the county, but the person nonetheless maintains

27  that he or she is entitled to vote, the pollworker shall issue

28  the person a provisional ballot pursuant to s. 101.048.

29         Section 11.  Section 101.5601, Florida Statutes, is

30  amended to read:

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         101.5601  Short title.--Sections 101.5601-101.5614 may

  2  be cited 101.5601 through 101.5615 shall be known as the

  3  "Electronic Voting Systems Act."

  4         Section 12.  Effective September 2, 2002, subsections

  5  (3) and (4) of section 101.5606, Florida Statutes, as amended

  6  by section 18 of chapter 2001-40, Laws of Florida, are amended

  7  to read:

  8         101.5606  Requirements for approval of systems.--No

  9  electronic or electromechanical voting system shall be

10  approved by the Department of State unless it is so

11  constructed that:

12         (3)  It immediately rejects The automatic tabulating

13  equipment shall be set to reject a ballot and provide the

14  elector an opportunity to correct the ballot where the number

15  of votes for an office or measure exceeds the number which the

16  voter is entitled to cast or where the tabulating equipment

17  reads the ballot as a ballot with no votes cast.

18         (4)  For systems using paper ballots, it accepts a

19  rejected ballot pursuant to subsection (3) if a voter chooses

20  to cast the ballot, but records no vote for any office that

21  has been overvoted or undervoted. For rejected ballots that

22  voters choose to cast, the automatic tabulating equipment will

23  be set to accept the ballot and reject all votes for any

24  office or measure when the number of votes therefor exceeds

25  the number which the voter is entitled to cast or when the

26  voter is not entitled to cast a vote for the office or

27  measure.

28         Section 13.  Paragraph (b) of subsection (2) of section

29  101.5608, Florida Statutes, is amended to read:

30         101.5608  Voting by electronic or electromechanical

31  method; procedures.--

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         (2)  When an electronic or electromechanical voting

  2  system utilizes a ballot card or paper ballot, the following

  3  procedures shall be followed:

  4         (b)  Any voter who spoils his or her ballot or makes an

  5  error may return the ballot to the election official and

  6  secure another ballot, except that in no case shall a voter be

  7  furnished more than three ballots. If the vote tabulation

  8  device has rejected a ballot, the ballot shall be considered

  9  spoiled and a new ballot shall be provided to the voter unless

10  the voter chooses to cast the rejected ballot. The election

11  official, without examining the original ballot, shall state

12  the possible reasons for the rejection and shall provide

13  instruction to direct the voter to the instruction model

14  provided at the precinct pursuant to s. 101.5611. A spoiled

15  ballot shall be preserved, without examination, in an envelope

16  provided for that purpose. The stub shall be removed from the

17  ballot and placed in an envelope.

18         Section 14.  Section 101.5611, Florida Statutes, is

19  amended to read:

20         101.5611  Instructions to electors.--

21         (1)  For the instruction of voters on election day, The

22  supervisor of elections shall provide instruction at each

23  polling place regarding one instruction model illustrating the

24  manner of voting with the system.  In instructing voters, no

25  precinct official may favor any political party, candidate, or

26  issue.  Such instruction Each such instruction model shall

27  show the arrangement of candidates party rows, office columns,

28  and questions to be voted on.  Additionally, the supervisor of

29  elections shall provide instruction on the proper method of

30  casting a ballot for the specific voting system utilized in

31  that jurisdiction.  Such instruction model shall be provided

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1  located at a place which voters must pass to reach the

  2  official voting booth.

  3         (2)  Before entering the voting booth each voter shall

  4  be offered instruction in voting by use of the instruction

  5  model, and the voter shall be given ample opportunity to

  6  operate the model by himself or herself.  In instructing

  7  voters, no precinct official may show partiality to any

  8  political party or candidate.

  9         (2)(3)  The supervisor of elections shall have posted

10  at each polling place a notice that reads:  "A person who

11  commits or attempts to commit any fraud in connection with

12  voting, votes a fraudulent ballot, or votes more than once in

13  an election can be convicted of a felony of the third degree

14  and fined up to $5,000 and/or imprisoned for up to 5 years."

15         Section 15.  Paragraphs (a) and (d) of subsection (4)

16  of section 101.5612, Florida Statutes, are amended to read:

17         101.5612  Testing of tabulating equipment.--

18         (4)(a)1.  For electronic or electromechanical voting

19  systems configured to include electronic or electromechanical

20  tabulation devices which are distributed to the precincts, all

21  or a sample of the devices to be used in the election shall be

22  publicly tested.  If a sample is to be tested, the sample

23  shall consist of a random selection of at least 5 percent of

24  the devices for an optical scan system or 2 percent of the

25  devices for a touchscreen system or 10 of the devices for

26  either system, as applicable, whichever is greater.  The test

27  shall be conducted by processing a group of ballots, causing

28  the device to output results for the ballots processed, and

29  comparing the output of results to the results expected for

30  the ballots processed.  The group of ballots shall be produced

31  so as to record a predetermined number of valid votes for each

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1  candidate and on each measure and to include for each office

  2  one or more ballots which have activated voting positions in

  3  excess of the number allowed by law in order to test the

  4  ability of the tabulating device to reject such votes.

  5         2.  If any tested tabulating device is found to have an

  6  error in tabulation, it shall be deemed unsatisfactory.  For

  7  each device deemed unsatisfactory, the canvassing board shall

  8  take steps to determine the cause of the error, shall attempt

  9  to identify and test other devices that could reasonably be

10  expected to have the same error, and shall test a number of

11  additional devices sufficient to determine that all devices

12  are satisfactory. Upon deeming any device unsatisfactory, the

13  canvassing board may require all devices to be tested or may

14  declare that all devices are unsatisfactory.

15         3.  If the operation or output of any tested tabulation

16  device, such as spelling or the order of candidates on a

17  report, is in error, such problem shall be reported to the

18  canvassing board.  The canvassing board shall then determine

19  if the reported problem warrants its deeming the device

20  unsatisfactory.

21         (d)  Any tabulating device deemed unsatisfactory shall

22  be recoded reprogrammed, repaired, or replaced and shall be

23  made available for retesting. Such device must be determined

24  by the canvassing board or its representative to be

25  satisfactory before it may be used in any election.  The

26  canvassing board or its representative shall announce at the

27  close of the first testing the date, place, and time that any

28  unsatisfactory device will be retested or may, at the option

29  of the board, notify by telephone each person who was present

30  at the first testing as to the date, place, and time that the

31  retesting will occur.

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         Section 16.  Subsections (5) and (9) of section

  2  101.5614, Florida Statutes, are amended to read:

  3         101.5614  Canvass of returns.--

  4         (5)  If any absentee ballot card of the type for which

  5  the offices and measures are not printed directly on the card

  6  is physically damaged or defective so that it cannot properly

  7  be counted by the automatic tabulating equipment, a true

  8  duplicate copy shall be made of the damaged ballot card in the

  9  presence of witnesses and substituted for the damaged ballot.

10  Likewise, a duplicate ballot card shall be made, in the

11  presence of witnesses, of an absentee ballot initially

12  rejected by the automatic tabulating equipment which contains

13  an overvoted race or a marked absentee ballot in which every

14  race is undervoted if the canvassing board determines, based

15  on rules adopted by the division pursuant to s. 102.166(5),

16  that a valid vote was cast for any overvoted or undervoted

17  race.  Such ballot shall be duplicated so that all valid votes

18  are counted by the automatic tabulating equipment.  All

19  duplicate ballots shall be clearly labeled "duplicate," bear a

20  serial number which shall be recorded on the defective ballot,

21  and be counted in lieu of the defective ballot a defective

22  ballot which shall not include the invalid votes.  All

23  duplicate ballot cards shall be clearly labeled "duplicate,"

24  bear a serial number which shall be recorded on the damaged or

25  defective ballot card, and be counted in lieu of the damaged

26  or defective ballot.  If any ballot card of the type for which

27  offices and measures are printed directly on the card is

28  damaged or defective so that it cannot properly be counted by

29  the automatic tabulating equipment, a true duplicate copy may

30  be made of the damaged ballot card in the presence of

31  witnesses and in the manner set forth above, or the valid

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1  votes on the damaged ballot card may be manually counted at

  2  the counting center by the canvassing board, whichever

  3  procedure is best suited to the system used. If any paper

  4  ballot is damaged or defective so that it cannot be counted

  5  properly by the automatic tabulating equipment, the ballot

  6  shall be counted manually at the counting center by the

  7  canvassing board.  The totals for all such ballots or ballot

  8  cards counted manually shall be added to the totals for the

  9  several precincts or election districts.  No vote shall be

10  declared invalid or void if there is a clear indication on the

11  ballot that the voter has made a definite choice as determined

12  by the canvassing board.  After duplicating a ballot has been

13  duplicated, the defective ballot shall be placed in an

14  envelope provided for that purpose, and the duplicate ballot

15  shall be tallied with the other ballots for that precinct.

16         (9)  Any supervisor of elections, deputy supervisor of

17  elections, canvassing board member, election board member, or

18  election employee who releases the results of any election

19  prior to the closing of the polls in that county on election

20  day commits a felony of the third degree, punishable as

21  provided in s. 775.082, s. 775.083, or s. 775.084.

22         Section 17.  Effective September 2, 2002, subsection

23  (1) of section 101.5614, Florida Statutes, as amended by

24  section 22 of chapter 2001-40, Laws of Florida, is amended to

25  read:

26         101.5614  Canvass of returns.--

27         (1)  In precincts in which an electronic or

28  electromechanical voting system is used, As soon as the polls

29  are closed, the election board shall secure the voting devices

30  against further voting. The election board shall thereafter,

31  open the ballot box in the presence of members of the public

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1  desiring to witness the proceedings, verify and count the

  2  number of voted ballots, unused ballots, provisional ballots,

  3  and spoiled ballots to ascertain whether such number

  4  corresponds with the number of ballots issued by the

  5  supervisor. If there is a difference, this fact shall be

  6  reported in writing to the county canvassing board with the

  7  reasons therefor if known. The total number of voted ballots

  8  shall be entered on the forms provided. The proceedings of the

  9  election board at the precinct after the polls have closed

10  shall be open to the public; however, no person except a

11  member of the election board shall touch any ballot or ballot

12  container or interfere with or obstruct the orderly count of

13  the ballots.

14         Section 18.  Section 101.595, Florida Statutes, is

15  amended to read:

16         101.595  Analysis and reports of voting problems voter

17  error.--

18         (1)  No later than December 15 of each general election

19  year, the supervisor of elections in each county shall report

20  on voter errors to the Department of State the total number of

21  overvotes and undervotes in the first race appearing on the

22  ballot pursuant to s. 101.151(2), along with the likely

23  reasons for such overvotes and undervotes the errors and other

24  information as may be useful in evaluating the performance of

25  the voting system and identifying problems with ballot design

26  and instructions which may have contributed to voter

27  confusion.

28         (2)  The Department of State, upon receipt of such

29  information, shall prepare a public report on the performance

30  of each type of voting system.  The report must contain, but

31  is not limited to, the following information:

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         (a)  An identification of problems with the ballot

  2  design or instructions which may have contributed to voter

  3  confusion;

  4         (b)  An identification of voting system design

  5  problems; and

  6         (c)  Recommendations for correcting any problems

  7  identified.

  8         (3)  The Department of State shall submit the report to

  9  the Governor, the President of the Senate, and the Speaker of

10  the House of Representatives by January 31 of each year

11  following a general election.

12         Section 19.  Paragraph (a) of subsection (2) of section

13  101.68, Florida Statutes, is amended to read:

14         101.68  Canvassing of absentee ballot.--

15         (2)(a)  The county canvassing board may begin the

16  canvassing of absentee ballots at 7 a.m. on the fourth day

17  before the election, but not later than noon on the day

18  following the election. In addition, for any county using

19  electronic tabulating equipment, the processing of absentee

20  ballots through such tabulating equipment may begin at 7 a.m.

21  on the fourth day before the election. However,

22  notwithstanding any such authorization to begin canvassing or

23  otherwise processing absentee ballots early, no result shall

24  be released until after the closing of the polls in that

25  county on election day. Any supervisor of elections, deputy

26  supervisor of elections, canvassing board member, election

27  board member, or election employee who releases the results of

28  a canvassing or processing of absentee ballots prior to the

29  closing of the polls in that county on election day commits a

30  felony of the third degree, punishable as provided in s.

31  775.082, s. 775.083, or s. 775.084.

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         Section 20.  Section 101.69, Florida Statutes, is

  2  amended to read:

  3         101.69  Voting in person; return of absentee

  4  ballot.--The provisions of this code shall not be construed to

  5  prohibit any elector from voting in person at the elector's

  6  precinct on the day of an election notwithstanding that the

  7  elector has requested an absentee ballot for that election.

  8  An elector who has received an absentee ballot, but desires to

  9  vote in person, shall return the ballot, whether voted or not,

10  to the election board in the elector's precinct.  The returned

11  ballot shall be marked "canceled" by the board and placed with

12  other canceled ballots. However, if the elector does not is

13  unable to return the ballot, the election official shall

14  contact the supervisor's office to determine whether the

15  supervisor has received the elector's absentee ballot.  If the

16  election official:

17         (1)  Confirms that the supervisor has not received the

18  elector's absentee ballot, the elector shall be allowed to

19  vote in person.  The elector's absentee ballot, if

20  subsequently received, shall not be counted and shall remain

21  in the mailing envelope, and the envelope shall be marked

22  "Rejected as Illegal."

23         (2)  Confirms that the supervisor has received the

24  elector's absentee ballot, the elector shall not be allowed to

25  vote in person.  If the elector maintains that he or she has

26  not returned the absentee ballot, the elector may vote a

27  provisional ballot as provided in s. 101.048.

28         (3)  Cannot confirm whether the supervisor has received

29  the elector's absentee ballot, the elector may vote a

30  provisional ballot as provided in s. 101.048.

31

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         Section 21.  Subsection (4) of section 102.014, Florida

  2  Statutes, is amended to read:

  3         102.014  Poll worker recruitment and training.--

  4         (4)  Each supervisor of elections shall be responsible

  5  for training inspectors and clerks, subject to the following

  6  minimum requirements:

  7         (a)  No clerk shall be entitled to work at the polls

  8  unless he or she has had a minimum of 3 6 hours of training

  9  prior to each election during a general election year, at

10  least 2 hours of which must occur after June 1 of that year.

11         (b)  No inspector shall work at the polls unless he or

12  she has had a minimum of 2 3 hours of training prior to each

13  election during a general election year, at least 1 hour of

14  which must occur after June 1 of that year.

15         (c)  For the purposes of this subsection, the first and

16  second primary elections shall be considered one election.

17         Section 22.  Subsections (2), (4), and (6) of section

18  102.141, Florida Statutes, are amended to read:

19         102.141  County canvassing board; duties.--

20         (2)  The county canvassing board shall meet in a

21  building accessible to the public in the county where the

22  election occurred at a time and place to be designated by the

23  supervisor of elections to publicly canvass the absentee

24  electors' ballots as provided for in s. 101.68 and provisional

25  ballots as provided by s. 101.048.  Public notice of the time

26  and place at which the county canvassing board shall meet to

27  canvass the absentee electors' ballots and provisional ballots

28  shall be given at least 48 hours prior thereto by publication

29  once in one or more newspapers of general circulation in the

30  county or, if there is no newspaper of general circulation in

31  the county, by posting such notice in at least four

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1  conspicuous places in the county.  As soon as the absentee

  2  electors' ballots and the provisional ballots are canvassed,

  3  the board shall proceed to publicly canvass the vote given

  4  each candidate, nominee, constitutional amendment, or other

  5  measure submitted to the electorate of the county, as shown by

  6  the returns then on file in the office of the supervisor of

  7  elections and the office of the county court judge.

  8         (4)  The canvassing board shall submit unofficial

  9  returns to the Department of State for each federal,

10  statewide, state, or multicounty office or ballot measure no

11  later than noon on the second day after any primary, general,

12  special, or other election.  Such returns shall include the

13  canvass of all ballots as required by subsection (2).

14         (6)  If the unofficial returns reflect that a candidate

15  for any office was defeated or eliminated by one-half of a

16  percent or less of the votes cast for such office, that a

17  candidate for retention to a judicial office was retained or

18  not retained by one-half of a percent or less of the votes

19  cast on the question of retention, or that a measure appearing

20  on the ballot was approved or rejected by one-half of a

21  percent or less of the votes cast on such measure, the board

22  responsible for certifying the results of the vote on such

23  race or measure shall order a recount of the votes cast with

24  respect to such office or measure. A recount need not be

25  ordered with respect to the returns for any office, however,

26  if the candidate or candidates defeated or eliminated from

27  contention for such office by one-half of a percent or less of

28  the votes cast for such office request in writing that a

29  recount not be made.

30         (a)  In counties with voting systems that use ballot

31  cards or paper ballots, each canvassing board responsible for

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1  conducting a recount shall put each ballot through the

  2  automatic tabulating equipment for each precinct in which the

  3  office or issue appeared on the ballot and determine whether

  4  the returns correctly reflect the votes cast.  If any paper

  5  ballot is physically damaged so that it cannot be properly

  6  counted by the automatic tabulating equipment during the

  7  recount, a true duplicate shall be made of the damaged ballot

  8  pursuant to the procedures in s. 101.5614(5).  Immediately

  9  before the start of the recount and after completion of the

10  count, a test of the tabulating equipment shall be conducted

11  as provided in s. 101.5612.  If the test indicates no error,

12  the recount tabulation of the ballots cast shall be presumed

13  correct and such votes shall be canvassed accordingly.  If an

14  error is detected, the cause therefor shall be ascertained and

15  corrected and the recount repeated, as necessary. The

16  canvassing board shall immediately report the error, along

17  with the cause of the error and the corrective measures being

18  taken, to the Department of State. No later than 11 days after

19  the election, the canvassing board shall file a separate

20  incident report with the Department of State, detailing the

21  resolution of the matter and identifying any measures that

22  will avoid a future recurrence of the error.

23         (b)  In counties with voting systems that do not use

24  ballot cards or paper ballots, each canvassing board

25  responsible for conducting a recount shall examine the

26  counters on the precinct tabulators to ensure that the total

27  of the returns on the precinct tabulators equals the overall

28  election return. If there is a discrepancy between the overall

29  election return and the counters of the precinct tabulators,

30  the counters of the precinct tabulators shall be presumed

31  correct and such votes shall be canvassed accordingly.

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         (c)  The canvassing board shall submit a second set of

  2  unofficial returns to the Department of State for each

  3  federal, statewide, state, or multicounty office or ballot

  4  measure no later than noon on the third second day after any

  5  election in which a recount was conducted pursuant to this

  6  subsection.  If the canvassing board is unable to complete the

  7  recount prescribed in this subsection by the deadline, the

  8  second set of unofficial returns submitted by the canvassing

  9  board shall be identical to the initial unofficial returns and

10  the submission shall also include a detailed explanation of

11  why it was unable to timely complete the recount. However, the

12  canvassing board shall complete the recount prescribed in this

13  subsection, along with any manual recount prescribed in s.

14  102.166, and certify election returns in accordance with the

15  requirements of this chapter.

16         Section 23.  Paragraph (a) of subsection (2) and

17  subsection (6) of section 102.166, Florida Statutes, are

18  amended to read:

19         102.166  Manual recounts.--

20         (2)(a)  If the second set of unofficial returns

21  pursuant to s. 102.141 indicates that a candidate for any

22  office was defeated or eliminated by between one-quarter and

23  one-half of a percent of the votes cast for such office, that

24  a candidate for retention to judicial office was retained or

25  not retained by between one-quarter and one-half of a percent

26  of the votes cast on the question of retention, or that a

27  measure appearing on the ballot was approved or rejected by

28  between one-quarter and one-half of a percent of the votes

29  cast on such measure, any such candidate, the political party

30  of such candidate, or any political committee that supports or

31  opposes such ballot measure is entitled to a manual recount of

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1  the overvotes and undervotes cast in the entire geographic

  2  jurisdiction of such office or ballot measure, provided that a

  3  request for a manual recount is made by 5 p.m. on the third

  4  second day after the election.

  5         (6)  Procedures for a manual recount are as follows:

  6         (a)  The county canvassing board shall appoint as many

  7  counting teams of at least two electors as is necessary to

  8  manually recount the ballots. A counting team must have, when

  9  possible, members of at least two political parties. A

10  candidate involved in the race shall not be a member of the

11  counting team.

12         (b)  Each duplicate ballot prepared pursuant to s.

13  101.5614(5) or s. 102.141(6) shall be compared with the

14  original ballot to ensure the correctness of the duplicate.

15         (c)(b)  If a counting team is unable to determine

16  whether the ballot contains a clear indication that the voter

17  has made a definite choice, the ballot shall be presented to

18  the county canvassing board for a determination.

19         (d)(c)  The Department of State shall adopt detailed

20  rules prescribing additional recount procedures for each

21  certified voting system which shall be uniform to the extent

22  practicable. The rules shall address, at a minimum, the

23  following areas:

24         1.  Security of ballots during the recount process;

25         2.  Time and place of recounts;

26         3.  Public observance of recounts;

27         4.  Objections to ballot determinations;

28         5.  Record of recount proceedings; and

29         6.  Procedures relating to candidate and petitioner

30  representatives.

31

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1         Section 24.  Paragraph (b) of subsection (4) of section

  2  46 of chapter 2001-40, Laws of Florida, is amended to read:

  3         Section 46.

  4         (4)

  5         (b)  For the 2002 elections, following the last day of

  6  qualifying for office, any statewide candidate who has

  7  requested to receive contributions from the Election Campaign

  8  Financing Trust Fund or any statewide candidate in a race with

  9  a candidate who has requested to receive contributions from

10  the trust fund shall file reports on the 4th, 11th, 18th,

11  25th, and 32nd days immediately preceding the primary election

12  and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd

13  days prior to the general election.

14         Section 25.  Subsection (1) of section 105.031, Florida

15  Statutes, is amended to read:

16         105.031  Qualification; filing fee; candidate's oath;

17  items required to be filed.--

18         (1)  TIME OF QUALIFYING.--Except for candidates for

19  judicial office, nonpartisan candidates for multicounty office

20  shall qualify with the Division of Elections of the Department

21  of State and nonpartisan candidates for countywide or less

22  than countywide office shall qualify with the supervisor of

23  elections. Candidates for judicial office other than the

24  office of county court judge shall qualify with the Division

25  of Elections of the Department of State, and candidates for

26  the office of county court judge shall qualify with the

27  supervisor of elections of the county. Candidates for judicial

28  office shall qualify no earlier than noon of the 120th day,

29  and no later than noon of the 116th day, before the first

30  primary election. Candidates for the office of school board

31  member shall qualify no earlier than noon of the 50th day, and

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1  no later than noon of the 46th day, before the first primary

  2  election.  Filing shall be on forms provided for that purpose

  3  by the Division of Elections and furnished by the appropriate

  4  qualifying officer. Any person seeking to qualify by the

  5  alternative method, as set forth in s. 105.035, if the person

  6  has submitted the necessary petitions by the required deadline

  7  and is notified after the fifth day prior to the last day for

  8  qualifying that the required number of signatures has been

  9  obtained, shall be entitled to subscribe to the candidate's

10  oath and file the qualifying papers at any time within 5 days

11  from the date he or she is notified that the necessary number

12  of signatures has been obtained.  Any person other than a

13  write-in candidate who qualifies within the time prescribed in

14  this subsection shall be entitled to have his or her name

15  printed on the ballot.

16         Section 26.  Sections 101.22, 101.5615, and 101.72,

17  Florida Statutes, are repealed.

18         Section 27.  Except as otherwise provided in this act,

19  this act shall take effect upon becoming a law.

20

21

22

23

24

25

26

27

28

29

30

31

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 618
    313-1764-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 618

  3

  4  The committee substitute differs from the original bill in
    that it: clarifies that canvassing boards do not have to
  5  duplicate defective absentee ballots rejected by the automatic
    tabulating equipment unless the board determines that an over
  6  voted or under voted race contains an otherwise valid vote;
    adopts procedures for poll workers where a voter's name is not
  7  on the precinct register; requires poll workers to try to
    contact the county supervisor's office or access a master list
  8  of registered voters in the county before issuing a
    provisional ballot; requires the poll worker to issue a
  9  provisional ballot if the poll worker confirms that the person
    is not registered, but the person maintains that he or she is
10  entitled to vote; makes conforming changes to the process of
    filling out a provisional ballot and to the definition of
11  "provisional ballot"; adopts procedures for poll workers faced
    with an elector who has been issued an absentee ballot, but
12  who does not return the ballot at that time; insures that such
    voters are only given a provisional ballot after an attempt is
13  made to contact the supervisor's office and determine whether
    the absentee ballot was voted; moves the qualifying date for
14  judges from July to May, the qualifying time for federal
    candidates.
15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  29

CODING: Words stricken are deletions; words underlined are additions.