HB 1591

1	A bill to be entitled
2	An act relating to absentee ballots; amending ss. 101.64
3	and 101.65, F.S.; revising the Voter's Certificate and
4	instructions to absent electors to remove the requirement
5	of an attesting witness; amending s. 101.68, F.S.;
6	removing the requirement of the signature of an attesting
7	witness for an absentee ballot to be considered legal;
8	amending ss. 101.6921 and 101.6923, F.S.; revising the
9	Voter's Certificate and instructions for special absentee
10	ballots for certain first-time voters to remove the
11	requirement of an attesting witness; amending s. 101.6952,
12	F.S., relating to absentee ballots received from overseas
13	voters, to conform; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 101.64, Florida Statutes, is amended to
18	read:
19	101.64  Delivery of absentee ballots; envelopes; form.--
20	(1)  The supervisor shall enclose with each absentee ballot
21	two envelopes: a secrecy envelope, into which the absent elector
22	shall enclose his or her marked ballot; and a mailing envelope,
23	into which the absent elector shall then place the secrecy
24	envelope, which shall be addressed to the supervisor and also
25	bear on the back side a certificate in substantially the
26	following form:
27
28	Note: Please Read Instructions Carefully Before
29	Marking Ballot and Completing Voter's Certificate.
30
31	VOTER'S CERTIFICATE
32	I, _____, do solemnly swear or affirm that I am a qualified
33	and registered voter of _____ County, Florida, and that I have
34	not and will not vote more than one ballot in this election. I
35	understand that if I commit or attempt to commit any fraud in
36	connection with voting, vote a fraudulent ballot, or vote more
37	than once in an election, I can be convicted of a felony of the
38	third degree and fined up to $5,000 and/or imprisoned for up to
39	5 years. I also understand that failure to sign this certificate
40	and have my signature properly witnessed will invalidate my
41	ballot.
42
43	...  (Date)  ......  (Voter's Signature)  ...
44
45	Note: Your Signature Must Be Witnessed By One Witness 18 Years
46	of Age or Older as provided in the Instruction Sheet.
47
48	I swear or affirm that the voter signed this Voter's Certificate
49	in my presence.
50
51	...  (Signature of Witness)  ...
52
53	...  (Address)  ...
54	...  (City/State)  ...
55
56	(2)  The certificate shall be arranged on the back of the
57	mailing envelope so that the lines for the signature signatures
58	of the absent elector is and the attesting witness are across
59	the seal of the envelope; however, no statement shall appear on
60	the envelope which indicates that a signature of the voter or
61	witness must cross the seal of the envelope. The absent elector
62	and the attesting witness shall execute the certificate on the
63	envelope.
64	Section 2.  Section 101.65, Florida Statutes, is amended to
65	read:
66	101.65  Instructions to absent electors.--The supervisor
67	shall enclose with each absentee ballot separate printed
68	instructions in substantially the following form:
69
70	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
71	1.  VERY IMPORTANT. In order to ensure that your absentee
72	ballot will be counted, it should be completed and returned as
73	soon as possible so that it can reach the supervisor of
74	elections of the county in which your precinct is located no
75	later than 7 p.m. on the day of the election.
76	2.  Mark your ballot in secret as instructed on the ballot.
77	You must mark your own ballot unless you are unable to do so
78	because of blindness, disability, or inability to read or write.
79	3.  Mark only the number of candidates or issue choices for
80	a race as indicated on the ballot. If you are allowed to "Vote
81	for One" candidate and you vote for more than one candidate,
82	your vote in that race will not be counted.
83	4.  Place your marked ballot in the enclosed secrecy
84	envelope.
85	5.  Insert the secrecy envelope into the enclosed mailing
86	envelope which is addressed to the supervisor.
87	6.  Seal the mailing envelope and completely fill out the
88	Voter's Certificate on the back of the mailing envelope.
89	7.  VERY IMPORTANT. In order for your absentee ballot to be
90	counted, you must sign your name on the line above (Voter's
91	Signature).
92	8.  VERY IMPORTANT. If you are an overseas voter, you must
93	include the date you signed the Voter's Certificate on the line
94	above (Date) or your ballot may not be counted.
95	9.  VERY IMPORTANT. In order for your absentee ballot to be
96	counted, it must include the signature and address of a witness
97	18 years of age or older affixed to the Voter's Certificate. No
98	candidate may serve as an attesting witness.
99	9.10.  Mail, deliver, or have delivered the completed
100	mailing envelope. Be sure there is sufficient postage if mailed.
101	10.11.  FELONY NOTICE. It is a felony under Florida law to
102	accept any gift, payment, or gratuity in exchange for your vote
103	for a candidate. It is also a felony under Florida law to vote
104	in an election using a false identity or false address, or under
105	any other circumstances making your ballot false or fraudulent.
106	Section 3.  Paragraph (c) of subsection (2) of section
107	101.68, Florida Statutes, is amended to read:
108	101.68  Canvassing of absentee ballot.--
109	(2)
110	(c)1.  The canvassing board shall, if the supervisor has
111	not already done so, compare the signature of the elector on the
112	voter's certificate with the signature of the elector in the
113	registration books to see that the elector is duly registered in
114	the county and to determine the legality of that absentee
115	ballot. An absentee ballot shall be considered illegal if it
116	does not include the signature of the elector, as shown by the
117	registration records, and the signature and address of an
118	attesting witness. However, an absentee ballot shall not be
119	considered illegal if the signature of the elector or attesting
120	witness does not cross the seal of the mailing envelope. If the
121	canvassing board determines that any ballot is illegal, a member
122	of the board shall, without opening the envelope, mark across
123	the face of the envelope: "rejected as illegal." The envelope
124	and the ballot contained therein shall be preserved in the
125	manner that official ballots voted are preserved.
126	2.  If any elector or candidate present believes that an
127	absentee ballot is illegal due to a defect apparent on the
128	voter's certificate, he or she may, at any time before the
129	ballot is removed from the envelope, file with the canvassing
130	board a protest against the canvass of that ballot, specifying
131	the precinct, the ballot, and the reason he or she believes the
132	ballot to be illegal. A challenge based upon a defect in the
133	voter's certificate may not be accepted after the ballot has
134	been removed from the mailing envelope.
135	Section 4.  Subsections (3) and (4) of section 101.6921,
136	Florida Statutes, are amended to read:
137	101.6921  Delivery of special absentee ballot to certain
138	first-time voters.--
139	(3)  The Voter's Certificate shall be in substantially the
140	following form:
141
142	Note: Please Read Instructions Carefully Before Marking Ballot
143	and Completing Voter's Certificate
144
145	VOTER'S CERTIFICATE
146
147	I, _____, do solemnly swear or affirm that I am a qualified
148	and registered voter of _____ County, Florida, and that I have
149	not and will not vote more than one ballot in this election. I
150	understand that if I commit or attempt to commit any fraud in
151	connection with voting, vote a fraudulent ballot, or vote more
152	than once in an election, I can be convicted of a felony of the
153	third degree and fined up to $5,000 and/or imprisoned for up to
154	5 years. I also understand that failure to sign this certificate
155	and have my signature properly witnessed will invalidate my
156	ballot. I understand that unless I meet one of the exemptions
157	below, I must provide a copy of a current and valid
158	identification as provided in the instruction sheet to the
159	supervisor of elections in order for my ballot to count.
160	I further certify that I am exempt from the requirements to
161	furnish a copy of a current and valid identification with my
162	ballot because of one or more of the following (check all that
163	apply):
164	[ ] I am 65 years of age or older.
165	[ ] I have a permanent or temporary physical disability.
166	[ ] I am a member of a uniformed service on active duty
167	who, by reason of such active duty, will be absent from the
168	county on election day.
169	[ ] I am a member of the Merchant Marine who, by reason of
170	service in the Merchant Marine, will be absent from the county
171	on election day.
172	[ ] I am the spouse or dependent of a member of the
173	uniformed service or Merchant Marine who, by reason of the
174	active duty or service of the member, will be absent from the
175	county on election day.
176	[ ] I am currently residing outside the United States.
177
178	...  (Date)  ......  Voter's Signature  ...
179
180	Note: Your signature must be witnessed by one witness 18 years
181	of age or older as provided in the instruction sheet.
182
183	I swear or affirm that the voter signed this Voter's Certificate
184	in my presence.
185
186	...  (Signature of Witness)  ...
187
188	...  (Address)  ...
189
190	...  (City/State)  ...
191
192	(4)  The certificate shall be arranged on the back of the
193	envelope so that the lines for the signature signatures of the
194	absent elector is and the attesting witness are across the seal
195	of the envelope.
196	Section 5.  Subsection (2) of section 101.6923, Florida
197	Statutes, is amended to read:
198	101.6923  Special absentee ballot instructions for certain
199	first-time voters.--
200	(2)  A voter covered by this section shall be provided with
201	the following printed instructions with his or her absentee
202	ballot:
203
204	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
205	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
206	BALLOT NOT TO COUNT.
207
208	1.  In order to ensure that your absentee ballot will be
209	counted, it should be completed and returned as soon as possible
210	so that it can reach the supervisor of elections of the county
211	in which your precinct is located no later than 7 p.m. on the
212	date of the election.
213	2.  Mark your ballot in secret as instructed on the ballot.
214	You must mark your own ballot unless you are unable to do so
215	because of blindness, disability, or inability to read or write.
216	3.  Mark only the number of candidates or issue choices for
217	a race as indicated on the ballot. If you are allowed to "Vote
218	for One" candidate and you vote for more than one, your vote in
219	that race will not be counted.
220	4.  Place your marked ballot in the enclosed secrecy
221	envelope and seal the envelope.
222	5.  Insert the secrecy envelope into the enclosed envelope
223	bearing the Voter's Certificate. Seal the envelope and
224	completely fill out the Voter's Certificate on the back of the
225	envelope.
226	a.  You must sign your name on the line above (Voter's
227	Signature).
228	b.  You must have your signature witnessed. Have the
229	witness sign above (Signature of Witness) and include his or her
230	address. No candidate may serve as an attesting witness.
231	b.c.  If you are an overseas voter, you must include the
232	date you signed the Voter's Certificate on the line above (Date)
233	or your ballot may not be counted.
234	6.  Unless you meet one of the exemptions in Item 7., you
235	must make a copy of one of the following forms of
236	identification:
237	a.  Identification which must include your name and
238	photograph: current and valid Florida driver's license; Florida
239	identification card issued by the Department of Highway Safety
240	and Motor Vehicles; United States passport; employee badge or
241	identification; buyer's club identification card; debit or
242	credit card; military identification; student identification;
243	retirement center identification; neighborhood association
244	identification; entertainment identification; or public
245	assistance identification; or
246	b.  Identification which shows your name and current
247	residence address: current utility bill, bank statement,
248	government check, paycheck, or government document (excluding
249	voter identification card).
250	7.  The identification requirements of Item 6. do not apply
251	if you meet one of the following requirements:
252	a.  You are 65 years of age or older.
253	b.  You have a temporary or permanent physical disability.
254	c.  You are a member of a uniformed service on active duty
255	who, by reason of such active duty, will be absent from the
256	county on election day.
257	d.  You are a member of the Merchant Marine who, by reason
258	of service in the Merchant Marine, will be absent from the
259	county on election day.
260	e.  You are the spouse or dependent of a member referred to
261	in paragraph c. or paragraph d. who, by reason of the active
262	duty or service of the member, will be absent from the county on
263	election day.
264	f.  You are currently residing outside the United States.
265	8.  Place the envelope bearing the Voter's Certificate into
266	the mailing envelope addressed to the supervisor. Insert a copy
267	of your identification in the mailing envelope. DO NOT PUT YOUR
268	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
269	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
270	BALLOT WILL NOT COUNT.
271	9.  Mail, deliver, or have delivered the completed mailing
272	envelope. Be sure there is sufficient postage if mailed.
273	10.  FELONY NOTICE. It is a felony under Florida law to
274	accept any gift, payment, or gratuity in exchange for your vote
275	for a candidate. It is also a felony under Florida law to vote
276	in an election using a false identity or false address, or under
277	any other circumstances making your ballot false or fraudulent.
278	Section 6.  Subsection (2) of section 101.6952, Florida
279	Statutes, is amended to read:
280	101.6952  Absentee ballots for overseas voters.--
281	(2)  For absentee ballots received from overseas voters,
282	there is a presumption that the envelope was mailed on the date
283	stated and witnessed on the outside of the return envelope,
284	regardless of the absence of a postmark on the mailed envelope
285	or the existence of a postmark date that is later than the date
286	of the election.
287	Section 7.  This act shall take effect July 1, 2004.

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