Senate Bill sb1732e1

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




    CS for CS for SB 1732                    First Engrossed (ntc)



  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; amending s.

12         101.5612, F.S.; modifying the timeframe for

13         testing voting equipment; amending s. 101.5613,

14         F.S.; providing for periodic examination of

15         equipment during early voting; creating s.

16         101.659, F.S.; providing for a voter to cast an

17         in-person absentee ballot as formerly provided

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

19         101.62, F.S.; conforming a cross-reference;

20         providing an effective date.

21  

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

23  

24         Section 1.  Section 101.657, Florida Statutes, is

25  amended to read:

26         101.657  Early voting absentee ballots in person.--

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

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

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

30  receiving the ballot, the elector must present a Florida

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


                                  1

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






    CS for CS for SB 1732                    First Engrossed (ntc)



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

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

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

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

 5  the procedure prescribed in s. 101.49.

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

 7  101.64, and 101.65, and 101.659, the supervisor of elections

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

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

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

11  supervisor to collect or tabulate ballots. The results or

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

13  election day.

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

15  voting location for every 70,000 voters registered to vote in

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

17  70,000 voters registered to vote in the election shall

18  designate at least one early voting location. Except as

19  otherwise provided in this section, each early voting location

20  must meet the requirements for a polling place under the

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

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

23  municipality. The selection of early voting locations must be

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

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

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

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

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

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

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

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


                                  2

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






    CS for CS for SB 1732                    First Engrossed (ntc)



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

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

 3  weekend during the early voting period. The supervisor shall

 4  publish the address and hours of operation of early voting

 5  facilities two times in a newspaper of general circulation at

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

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

 8  provide picture identification and must complete an In-Office

 9  Voter Certificate in substantially the following form:

10  

11                   IN-OFFICE VOTER CERTIFICATE

12  

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

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

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

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

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

18  commit fraud in connection with voting, vote a fraudulent

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

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

21  $5,000 and imprisoned for up to 5 years. I understand that my

22  failure to sign this certificate and have my signature

23  witnessed invalidates my ballot.

24  

25  

26  ...(Voter's Signature)...

27  

28  ...(Address)...

29  

30  ...(City/State)...

31  


                                  3

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






    CS for CS for SB 1732                    First Engrossed (ntc)



 1  ...(Name of Witness)...

 2  

 3  ...(Signature of Witness)...

 4  

 5  ...(Type of identification provided)...

 6  

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

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

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

10  subscribed. The challenged elector shall vote a provisional

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

12  challenge an elector seeking to cast an absentee ballot under

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

14  placed in a regular absentee ballot envelope. The canvassing

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

16  ballot by majority vote.

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

18  this subsection shall be substantially the same as votes cast

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

20         (g)  The department shall adopt rules for administering

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

22  security of early voting locations and the security of

23  ballots, tabulating equipment, and other voting materials at

24  early voting locations.

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

26  for early voting as required by this section commits a

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

28  775.082 or s. 775.083.

29         Section 2.  Subsection (2) of section 101.5612, Florida

30  Statutes, is amended to read:

31         101.5612  Testing of tabulating equipment.--


                                  4

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






    CS for CS for SB 1732                    First Engrossed (ntc)



 1         (2)  On any day not more than 10 days prior to the

 2  commencement of early voting as provided in s. 101.657

 3  election day, the supervisor of elections shall have the

 4  automatic tabulating equipment publicly tested to ascertain

 5  that the equipment will correctly count the votes cast for all

 6  offices and on all measures. Public notice of the time and

 7  place of the test shall be given at least 48 hours prior

 8  thereto by publication once in one or more newspapers of

 9  general circulation in the county or, if there is no newspaper

10  of general circulation in the county, by posting such notice

11  in at least four conspicuous places in the county. The

12  supervisor or the municipal elections official may, at the

13  time of qualifying, give written notice of the time and

14  location of such public preelection test to each candidate

15  qualifying with that office and obtain a signed receipt that

16  such notice has been given. The Department of State shall give

17  written notice to each statewide candidate at the time of

18  qualifying, or immediately at the end of qualifying, that the

19  voting equipment will be tested and advise each such candidate

20  to contact the county supervisor of elections as to the time

21  and location of the public preelection test. The supervisor or

22  the municipal elections official shall, at least 15 days prior

23  to the commencement of early voting as provided in s. 101.657

24  an election, send written notice by certified mail to the

25  county party chair of each political party and to all

26  candidates for other than statewide office whose names appear

27  on the ballot in the county and who did not receive written

28  notification from the supervisor or municipal elections

29  official at the time of qualifying, stating the time and

30  location of the public preelection test of the automatic

31  tabulating equipment. The canvassing board shall convene, and


                                  5

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






    CS for CS for SB 1732                    First Engrossed (ntc)



 1  each member of the canvassing board shall certify to the

 2  accuracy of the test. For the test, the canvassing board may

 3  designate one member to represent it. The test shall be open

 4  to representatives of the political parties, the press, and

 5  the public. Each political party may designate one person with

 6  expertise in the computer field who shall be allowed in the

 7  central counting room when all tests are being conducted and

 8  when the official votes are being counted. Such designee shall

 9  not interfere with the normal operation of the canvassing

10  board.

11         Section 3.  Section 101.5613, Florida Statutes, is

12  amended to read:

13         101.5613  Examination of equipment during voting.--A

14  member of the election board or, for purposes of early voting

15  pursuant to s. 101.657, a representative of the supervisor of

16  elections, shall occasionally examine the face of the voting

17  device and the ballot information to determine that the device

18  and the ballot information have not been damaged or tampered

19  with.

20         Section 4.  Section 101.659, Florida Statutes, is

21  created to read:

22         101.659  Voting absentee ballots in person.--Any

23  qualified and registered elector may pick up and vote an

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

25  supervision of, the supervisor of elections. Before receiving

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

27  license, a Florida identification card issued under s.

28  322.051, or another form of picture identification approved by

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

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

31  


                                  6

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






    CS for CS for SB 1732                    First Engrossed (ntc)



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

 2  procedure prescribed in s. 101.49.

 3         Section 5.  Paragraph (b) of subsection (4) of section

 4  101.62, Florida Statutes, is amended to read:

 5         101.62  Request for absentee ballots.--

 6         (4)

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

 8  are printed, the supervisor shall provide an absentee ballot

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

10  made by one of the following means:

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

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

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

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

15  plan to return before the day of the election;

16         b.  The elector is temporarily unable to occupy the

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

18  emergency or natural disaster; or

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

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

21  facility, or correctional facility,

22  

23  in which case the supervisor shall mail the ballot by

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

25  address the elector specifies in the request.

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

27  vote by absentee ballot under the Uniformed and Overseas

28  Citizens Voting Act.

29         3.  By personal delivery to the elector, upon

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

31  101.657.


                                  7

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






    CS for CS for SB 1732                    First Engrossed (ntc)



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

 2  4 days prior to the day of an election. Any elector may

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

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

 5  than two absentee ballots per election, other than the

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

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

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

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

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

11  designee shall provide to the supervisor the written

12  authorization by the elector and a picture identification of

13  the designee and must complete an affidavit.  The designee

14  shall state in the affidavit that the designee is authorized

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

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

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

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

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

20  signature of the elector on the written authorization matches

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

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

23         Section 6.  This act shall take effect January 1, 2004.

24  

25  

26  

27  

28  

29  

30  

31  


                                  8

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