HB 1355 2003
1	A bill to be entitled
2	An act relating to early voting; amending s. 101.657,
3	F.S.; requiring supervisors of elections to allow electors
4	to vote early; providing requirements for the location and
5	number of early voting facilities; specifying the period
6	and hours of operation; requiring the Department of State
7	to adopt rules; providing a penalty for failure to provide
8	for early voting; creating s. 101.659, F.S.; providing for
9	a voter to cast an in-person absentee ballot as formerly
10	provided under s. 101.657, F.S., to conform; amending s.
11	101.62, F.S.; conforming a cross reference; providing an
12	effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Section 101.657, Florida Statutes, is amended
17	to read:
18	101.657 Early voting absentee ballots in person.--
19	(1) Any qualified and registered elector may pick up and
20	vote an absentee ballot in person at the office of, and under
21	the supervision of, the supervisor of elections. Before
22	receiving the ballot, the elector must present a Florida
23	driver's license, a Florida identification card issued under s.
24	322.051, or another form of picture identification approved by
25	the Department of State. If the elector fails to furnish the
26	required identification, or if the supervisor is in doubt as to
27	the identity of the elector, the supervisor must follow the
28	procedure prescribed in s. 101.49.
29	(1)(a)(2)As an alternative to the provisions of ss.
30	101.64,and 101.65, and 101.659, the supervisor of elections
31	shallmay allow an elector to vote earlycast an absentee ballot
32	in the main or branch office of the supervisor by depositing a
33	thevoted ballot in a voting device used by the supervisor to
34	collect or tabulate ballots. The results or tabulation may not
35	be made before the close of the polls on election day.
36	(b) The supervisor shall designate at least one early
37	voting location for every 85,000 voters registered to vote in
38	the election. Except as otherwise provided in this section, each
39	early voting location must meet the requirements for a polling
40	place under the election code. The selection of early voting
41	locations must be designed to provide all voters in the county
42	with an equal opportunity to cast a ballot, insofar as is
43	practicable.
44	(c) Early voting shall commence at 9 a.m. on the 10th day
45	before an election and conclude at 5 p.m. on the day before the
46	election. Early voting at each location shall be conducted, at a
47	minimum, from 9 a.m. to 5 p.m. Monday through Friday and for a
48	total of 10 hours on each weekend during the early voting
49	period.
50	(d)(a)AnThe elector seeking to vote earlymust provide
51	picture identification and must complete an In-Office Voter
52	Certificate in substantially the following form:
53	IN-OFFICE VOTER CERTIFICATE
54
55	I, ____, am a qualified elector in this election and registered
56	voter of ____ County, Florida. I do solemnly swear or affirm
57	that I am the person so listed on the voter registration rolls
58	of ____ County and that I reside at the listed address. I
59	understand that if I commit or attempt to commit fraud in
60	connection with voting, vote a fraudulent ballot, or vote more
61	than once in an election I could be convicted of a felony of the
62	third degree and both fined up to $5,000 and imprisoned for up
63	to 5 years. I understand that my failure to sign this
64	certificate and have my signature witnessedinvalidates my
65	ballot.
66
67
68	. . . (Voter's Signature) . . .
69
70	. . . (Address) . . .
71
72	. . . (City/State) . . .
73
74	. . . (Name of Witness) . . .
75
76	. . . (Signature of Witness) . . .
77
78	. . . (Type of identification provided) . . .
79
80	(e)(b)If an elector seeking to vote early is challenged
81	by any other elector or poll watcher, the oaths provided in s.
82	101.111 shall be completed, sworn, and subscribed. The
83	challenged elector shall vote a provisional ballot as otherwise
84	provided in this chapter.Any elector may challenge an elector
85	seeking to cast an absentee ballot under the provisions of s.
86	101.111. Any challenged ballot must be placed in a regular
87	absentee ballot envelope.The canvassing board shall review the
88	ballot and decide the validity of the ballot by majority vote.
89	(f)(c)The canvass of returns for ballots cast under this
90	subsection shall be substantially the same as votes cast by
91	electors in precincts, as provided in s. 101.5614.
92	(g) The department shall adopt rules for administering
93	this section, including, but not limited to, the selection and
94	security of early voting locations and the security of ballots,
95	tabulating equipment, and other voting materials at early voting
96	locations.
97	(2) Any supervisor of elections who fails to provide for
98	early voting as required by this section commits a misdemeanor
99	of the first degree, punishable as provided in s. 775.082 or s.
100	775.083.
101	Section 2. Section 101.659, Florida Statutes, is created
102	to read:
103	101.659 Voting absentee ballots in person.--Any qualified
104	and registered elector may pick up and vote an absentee ballot
105	in person at the office of, and under the supervision of, the
106	supervisor of elections. Before receiving the ballot, the
107	elector must present a Florida driver's license, a Florida
108	identification card issued under s. 322.051, or another form of
109	picture identification approved by the Department of State. If
110	the elector fails to furnish the required identification, or if
111	the supervisor is in doubt as to the identity of the elector,
112	the supervisor must follow the procedure prescribed in s.
113	101.49.
114	Section 3. Paragraph (b) of subsection (4) of section
115	101.62, Florida Statutes, is amended to read:
116	101.62 Request for absentee ballots.--
117	(4)
118	(b) As soon as the remainder of the absentee ballots are
119	printed, the supervisor shall provide an absentee ballot to each
120	elector by whom a request for that ballot has been made by one
121	of the following means:
122	1. By nonforwardable, return-if-undeliverable mail to the
123	elector's current mailing address on file with the supervisor,
124	unless the elector specifies in the request that:
125	a. The elector is absent from the county and does not plan
126	to return before the day of the election;
127	b. The elector is temporarily unable to occupy the
128	residence because of hurricane, tornado, flood, fire, or other
129	emergency or natural disaster; or
130	c. The elector is in a hospital, assisted-living facility,
131	nursing home, short-term medical or rehabilitation facility, or
132	correctional facility,
133
134	in which case the supervisor shall mail the ballot by
135	nonforwardable, return-if-undeliverable mail to any other
136	address the elector specifies in the request.
137	2. By forwardable mail to voters who are entitled to vote
138	by absentee ballot under the Uniformed and Overseas Citizens
139	Voting Act.
140	3. By personal delivery to the elector, upon presentation
141	of the identification required in s. 101.659101.657.
142	4. By delivery to a designee on election day or up to 4
143	days prior to the day of an election. Any elector may designate
144	in writing a person to pick up the ballot for the elector;
145	however, the person designated may not pick up more than two
146	absentee ballots per election, other than the designee's own
147	ballot, except that additional ballots may be picked up for
148	members of the designee's immediate family. For purposes of this
149	section, "immediate family" means the designee's spouse or the
150	parent, child, grandparent, or sibling of the designee or of the
151	designee's spouse. The designee shall provide to the supervisor
152	the written authorization by the elector and a picture
153	identification of the designee and must complete an affidavit.
154	The designee shall state in the affidavit that the designee is
155	authorized by the elector to pick up that ballot and shall
156	indicate if the elector is a member of the designee's immediate
157	family and, if so, the relationship. The department shall
158	prescribe the form of the affidavit. If the supervisor is
159	satisfied that the designee is authorized to pick up the ballot
160	and that the signature of the elector on the written
161	authorization matches the signature of the elector on file, the
162	supervisor shall give the ballot to that designee for delivery
163	to the elector.
164	Section 4. This act shall take effect January 1, 2004.