Senate Bill sb1732c1

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    Florida Senate - 2003                           CS for SB 1732

    By the Committee on Ethics and Elections; and Senator Cowin





    313-1989-03

  1                      A bill to be entitled

  2         An act relating to early voting; amending s.

  3         101.657, F.S.; requiring supervisors of

  4         elections to allow electors to vote early;

  5         providing requirements for the location and

  6         number of early voting facilities; specifying

  7         the period and hours of operation; requiring

  8         supervisors of elections to provide notice of

  9         early voting; requiring the Department of State

10         to adopt rules; providing a penalty for failure

11         to provide for early voting; creating s.

12         101.659, F.S.; providing for a voter to cast an

13         in-person absentee ballot as formerly provided

14         under s. 101.657, F.S., to conform; amending s.

15         101.62, F.S.; conforming a cross-reference;

16         providing an effective date.

17  

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

19  

20         Section 1.  Section 101.657, Florida Statutes, is

21  amended to read:

22         101.657  Early voting absentee ballots in person.--

23         (1)  Any qualified and registered elector may pick up

24  and vote an absentee ballot in person at the office of, and

25  under the supervision of, the supervisor of elections. Before

26  receiving the ballot, the elector must present a Florida

27  driver's license, a Florida identification card issued under

28  s. 322.051, or another form of picture identification approved

29  by the Department of State.  If the elector fails to furnish

30  the required identification, or if the supervisor is in doubt

31  

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    Florida Senate - 2003                           CS for SB 1732
    313-1989-03




 1  as to the identity of the elector, the supervisor must follow

 2  the procedure prescribed in s. 101.49.

 3         (1)(a)(2)  As an alternative to the provisions of ss.

 4  101.64, and 101.65, and 101.659, the supervisor of elections

 5  shall may allow an elector to vote early cast an absentee

 6  ballot in the main or branch office of the supervisor by

 7  depositing a the voted ballot in a voting device used by the

 8  supervisor to collect or tabulate ballots. The results or

 9  tabulation may not be made before the close of the polls on

10  election day.

11         (b)  The supervisor shall designate at least one early

12  voting location for every 85,000 voters registered to vote in

13  the election. The supervisor of any county with fewer than

14  85,000 voters registered to vote in the election shall

15  designate at least one early voting location. Except as

16  otherwise provided in this section, each early voting location

17  must meet the requirements for a polling place under the

18  election code. In addition, each early voting location must be

19  located in a public building owned by the state, county, or

20  municipality. The selection of early voting locations must be

21  designed to provide all voters in the county with an equal

22  opportunity to cast a ballot, insofar as is practicable.

23         (c)  Early voting shall commence at 9 a.m. on the 10th

24  day before an election and conclude at 5 p.m. on the day

25  before the election. For a special election or special primary

26  election pursuant to s. 100.101, early voting shall commence

27  at 9 a.m. on the 8th day before the election and conclude at 5

28  p.m. on the day before the election. Early voting at each

29  location shall be conducted, at a minimum, from 9 a.m. to 5

30  p.m. Monday through Friday and for a total of 10 hours on each

31  weekend during the early voting period. The supervisor shall

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    Florida Senate - 2003                           CS for SB 1732
    313-1989-03




 1  publish the address and hours of operation of early voting

 2  facilities two times in a newspaper of general circulation at

 3  least 14 days prior to the date of the election. 

 4         (d)(a)  An The elector seeking to vote early must

 5  provide picture identification and must complete an In-Office

 6  Voter Certificate in substantially the following form:

 7  

 8                   IN-OFFICE VOTER CERTIFICATE

 9  

10  I, ...., am a qualified elector in this election and

11  registered voter of .... County, Florida. I do solemnly swear

12  or affirm that I am the person so listed on the voter

13  registration rolls of .... County and that I reside at the

14  listed address. I understand that if I commit or attempt to

15  commit fraud in connection with voting, vote a fraudulent

16  ballot, or vote more than once in an election I could be

17  convicted of a felony of the third degree and both fined up to

18  $5,000 and imprisoned for up to 5 years. I understand that my

19  failure to sign this certificate and have my signature

20  witnessed invalidates my ballot.

21  

22  

23  ...(Voter's Signature)...

24  

25  ...(Address)...

26  

27  ...(City/State)...

28  

29  ...(Name of Witness)...

30  

31  ...(Signature of Witness)...

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    Florida Senate - 2003                           CS for SB 1732
    313-1989-03




 1  

 2  ...(Type of identification provided)...

 3  

 4         (e)(b)  If an elector seeking to vote early is

 5  challenged by any other elector or poll watcher, the oaths

 6  provided in s. 101.111 shall be completed, sworn, and

 7  subscribed. The challenged elector shall vote a provisional

 8  ballot as otherwise provided in this chapter. Any elector may

 9  challenge an elector seeking to cast an absentee ballot under

10  the provisions of s. 101.111. Any challenged ballot must be

11  placed in a regular absentee ballot envelope. The canvassing

12  board shall review the ballot and decide the validity of the

13  ballot by majority vote.

14         (f)(c)  The canvass of returns for ballots cast under

15  this subsection shall be substantially the same as votes cast

16  by electors in precincts, as provided in s. 101.5614.

17         (g)  The department shall adopt rules for administering

18  this section, including, but not limited to, the selection and

19  security of early voting locations and the security of

20  ballots, tabulating equipment, and other voting materials at

21  early voting locations.

22         (2)  Any supervisor of elections who fails to provide

23  for early voting as required by this section commits a

24  misdemeanor of the first degree, punishable as provided in s.

25  775.082 or s. 775.083.

26         Section 2.  Section 101.659, Florida Statutes, is

27  created to read:

28         101.659  Voting absentee ballots in person.--Any

29  qualified and registered elector may pick up and vote an

30  absentee ballot in person at the office of, and under the

31  supervision of, the supervisor of elections. Before receiving

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    Florida Senate - 2003                           CS for SB 1732
    313-1989-03




 1  the ballot, the elector must present a Florida driver's

 2  license, a Florida identification card issued under s.

 3  322.051, or another form of picture identification approved by

 4  the Department of State.  If the elector fails to furnish the

 5  required identification, or if the supervisor is in doubt as

 6  to the identity of the elector, the supervisor must follow the

 7  procedure prescribed in s. 101.49.

 8         Section 3.  Paragraph (b) of subsection (4) of section

 9  101.62, Florida Statutes, is amended to read:

10         101.62  Request for absentee ballots.--

11         (4)

12         (b)  As soon as the remainder of the absentee ballots

13  are printed, the supervisor shall provide an absentee ballot

14  to each elector by whom a request for that ballot has been

15  made by one of the following means:

16         1.  By nonforwardable, return-if-undeliverable mail to

17  the elector's current mailing address on file with the

18  supervisor, unless the elector specifies in the request that:

19         a.  The elector is absent from the county and does not

20  plan to return before the day of the election;

21         b.  The elector is temporarily unable to occupy the

22  residence because of hurricane, tornado, flood, fire, or other

23  emergency or natural disaster; or

24         c.  The elector is in a hospital, assisted-living

25  facility, nursing home, short-term medical or rehabilitation

26  facility, or correctional facility,

27  

28  in which case the supervisor shall mail the ballot by

29  nonforwardable, return-if-undeliverable mail to any other

30  address the elector specifies in the request.

31  

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    Florida Senate - 2003                           CS for SB 1732
    313-1989-03




 1         2.  By forwardable mail to voters who are entitled to

 2  vote by absentee ballot under the Uniformed and Overseas

 3  Citizens Voting Act.

 4         3.  By personal delivery to the elector, upon

 5  presentation of the identification required in s. 101.659 s.

 6  101.657.

 7         4.  By delivery to a designee on election day or up to

 8  4 days prior to the day of an election. Any elector may

 9  designate in writing a person to pick up the ballot for the

10  elector; however, the person designated may not pick up more

11  than two absentee ballots per election, other than the

12  designee's own ballot, except that additional ballots may be

13  picked up for members of the designee's immediate family.  For

14  purposes of this section, "immediate family" means the

15  designee's spouse or the parent, child, grandparent, or

16  sibling of the designee or of the designee's spouse.  The

17  designee shall provide to the supervisor the written

18  authorization by the elector and a picture identification of

19  the designee and must complete an affidavit.  The designee

20  shall state in the affidavit that the designee is authorized

21  by the elector to pick up that ballot and shall indicate if

22  the elector is a member of the designee's immediate family

23  and, if so, the relationship.  The department shall prescribe

24  the form of the affidavit. If the supervisor is satisfied that

25  the designee is authorized to pick up the ballot and that the

26  signature of the elector on the written authorization matches

27  the signature of the elector on file, the supervisor shall

28  give the ballot to that designee for delivery to the elector.

29         Section 4.  This act shall take effect January 1, 2004.

30  

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    Florida Senate - 2003                           CS for SB 1732
    313-1989-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1732

 3                                 

 4  The committee substitute differs from the original bill in
    that it:  clarifies that supervisors in counties with less
 5  than 85,000 registered voters in a given election must
    designate at least one early voting location; eliminates the
 6  first weekend of early voting for special elections; requires
    notice of early voting; requires all early voting facilities
 7  to be located in public buildings; and makes technical
    changes.
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