Senate Bill sb2566c1
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Florida Senate - 2004 CS for SB 2566
By the Committee on Ethics and Elections; and Senator Dockery
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1 A bill to be entitled
2 An act relating to absentee ballots; amending
3 s. 101.64, F.S.; removing the requirement that
4 a voter's signature on an absentee ballot must
5 be witnessed; amending s. 101.65, F.S.;
6 revising the Voter's Certificate and
7 instructions to absent electors to remove the
8 requirement of an attesting witness; amending
9 s. 101.68, F.S.; removing the requirement of
10 the signature of an attesting witness for an
11 absentee ballot to be considered legal;
12 amending ss. 101.6921 and 101.6923, F.S.;
13 revising the Voter's Certificate and
14 instructions for special absentee ballots for
15 certain first-time voters to remove the
16 requirement of an attesting witness; amending
17 s. 101.6952, F.S., relating to absentee ballots
18 received from overseas voters, to conform;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 101.64, Florida Statutes, is
24 amended to read:
25 101.64 Delivery of absentee ballots; envelopes;
26 form.--
27 (1) The supervisor shall enclose with each absentee
28 ballot two envelopes: a secrecy envelope, into which the
29 absent elector shall enclose his or her marked ballot; and a
30 mailing envelope, into which the absent elector shall then
31 place the secrecy envelope, which shall be addressed to the
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Florida Senate - 2004 CS for SB 2566
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1 supervisor and also bear on the back side a certificate in
2 substantially the following form:
3
4 Note: Please Read Instructions Carefully Before
5 Marking Ballot and Completing Voter's Certificate.
6
7 VOTER'S CERTIFICATE
8 I, ...., do solemnly swear or affirm that I am a
9 qualified and registered voter of .... County, Florida, and
10 that I have not and will not vote more than one ballot in this
11 election. I understand that if I commit or attempt to commit
12 any fraud in connection with voting, vote a fraudulent ballot,
13 or vote more than once in an election, I can be convicted of a
14 felony of the third degree and fined up to $5,000 and/or
15 imprisoned for up to 5 years. I also understand that failure
16 to sign this certificate and have my signature properly
17 witnessed will invalidate my ballot.
18
19 ...(Date)... ...(Voter's Signature)...
20
21 Note: Your Signature Must Be Witnessed By One Witness 18 Years
22 of Age or Older as provided in the Instruction Sheet.
23
24 I swear or affirm that the voter signed this Voter's
25 Certificate in my presence.
26
27 ...Signature of Witness)...
28
29 ...(Address)...
30 ...(City/State)...
31
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Florida Senate - 2004 CS for SB 2566
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1 (2) The certificate shall be arranged on the back of
2 the mailing envelope so that the lines for the signature
3 signatures of the absent elector is and the attesting witness
4 are across the seal of the envelope; however, no statement
5 shall appear on the envelope which indicates that a signature
6 of the voter or witness must cross the seal of the envelope.
7 The absent elector and the attesting witness shall execute the
8 certificate on the envelope.
9 Section 2. Section 101.65, Florida Statutes, is
10 amended to read:
11 101.65 Instructions to absent electors.--The
12 supervisor shall enclose with each absentee ballot separate
13 printed instructions in substantially the following form:
14
15 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
16 1. VERY IMPORTANT. In order to ensure that your
17 absentee ballot will be counted, it should be completed and
18 returned as soon as possible so that it can reach the
19 supervisor of elections of the county in which your precinct
20 is located no later than 7 p.m. on the day of the election.
21 2. Mark your ballot in secret as instructed on the
22 ballot. You must mark your own ballot unless you are unable to
23 do so because of blindness, disability, or inability to read
24 or write.
25 3. Mark only the number of candidates or issue choices
26 for a race as indicated on the ballot. If you are allowed to
27 "Vote for One" candidate and you vote for more than one
28 candidate, your vote in that race will not be counted.
29 4. Place your marked ballot in the enclosed secrecy
30 envelope.
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Florida Senate - 2004 CS for SB 2566
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1 5. Insert the secrecy envelope into the enclosed
2 mailing envelope which is addressed to the supervisor.
3 6. Seal the mailing envelope and completely fill out
4 the Voter's Certificate on the back of the mailing envelope.
5 7. VERY IMPORTANT. In order for your absentee ballot
6 to be counted, you must sign your name on the line above
7 (Voter's Signature).
8 8. VERY IMPORTANT. If you are an overseas voter, you
9 must include the date you signed the Voter's Certificate on
10 the line above (Date) or your ballot may not be counted.
11 9. VERY IMPORTANT. In order for your absentee ballot
12 to be counted, it must include the signature and address of a
13 witness 18 years of age or older affixed to the Voter's
14 Certificate. No candidate may serve as an attesting witness.
15 9.10. Mail, deliver, or have delivered the completed
16 mailing envelope. Be sure there is sufficient postage if
17 mailed.
18 10.11. FELONY NOTICE. It is a felony under Florida law
19 to accept any gift, payment, or gratuity in exchange for your
20 vote for a candidate. It is also a felony under Florida law to
21 vote in an election using a false identity or false address,
22 or under any other circumstances making your ballot false or
23 fraudulent.
24 Section 3. Paragraph (c) of subsection (2) of section
25 101.68, Florida Statutes, is amended to read:
26 101.68 Canvassing of absentee ballot.--
27 (2)
28 (c)1. The canvassing board shall, if the supervisor
29 has not already done so, compare the signature of the elector
30 on the voter's certificate with the signature of the elector
31 in the registration books to see that the elector is duly
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1 registered in the county and to determine the legality of that
2 absentee ballot. An absentee ballot shall be considered
3 illegal if it does not include the signature of the elector,
4 as shown by the registration records, and the signature and
5 address of an attesting witness. However, an absentee ballot
6 shall not be considered illegal if the signature of the
7 elector or attesting witness does not cross the seal of the
8 mailing envelope. If the canvassing board determines that any
9 ballot is illegal, a member of the board shall, without
10 opening the envelope, mark across the face of the envelope:
11 "rejected as illegal." The envelope and the ballot contained
12 therein shall be preserved in the manner that official ballots
13 voted are preserved.
14 2. If any elector or candidate present believes that
15 an absentee ballot is illegal due to a defect apparent on the
16 voter's certificate, he or she may, at any time before the
17 ballot is removed from the envelope, file with the canvassing
18 board a protest against the canvass of that ballot, specifying
19 the precinct, the ballot, and the reason he or she believes
20 the ballot to be illegal. A challenge based upon a defect in
21 the voter's certificate may not be accepted after the ballot
22 has been removed from the mailing envelope.
23 Section 4. Subsections (3) and (4) of section
24 101.6921, Florida Statutes, are amended to read:
25 101.6921 Delivery of special absentee ballot to
26 certain first-time voters.--
27 (3) The Voter's Certificate shall be in substantially
28 the following form:
29
30 Note: Please Read Instructions Carefully Before Marking Ballot
31 and Completing Voter's Certificate
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Florida Senate - 2004 CS for SB 2566
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1
2 VOTER'S CERTIFICATE
3
4 I, _____, do solemnly swear or affirm that I am a
5 qualified and registered voter of _____ County, Florida, and
6 that I have not and will not vote more than one ballot in this
7 election. I understand that if I commit or attempt to commit
8 any fraud in connection with voting, vote a fraudulent ballot,
9 or vote more than once in an election, I can be convicted of a
10 felony of the third degree and fined up to $5,000 and/or
11 imprisoned for up to 5 years. I also understand that failure
12 to sign this certificate and have my signature properly
13 witnessed will invalidate my ballot. I understand that unless
14 I meet one of the exemptions below, I must provide a copy of a
15 current and valid identification as provided in the
16 instruction sheet to the supervisor of elections in order for
17 my ballot to count.
18 I further certify that I am exempt from the
19 requirements to furnish a copy of a current and valid
20 identification with my ballot because of one or more of the
21 following (check all that apply):
22 [ ] I am 65 years of age or older.
23 [ ] I have a permanent or temporary physical
24 disability.
25 [ ] I am a member of a uniformed service on active duty
26 who, by reason of such active duty, will be absent from the
27 county on election day.
28 [ ] I am a member of the Merchant Marine who, by reason
29 of service in the Merchant Marine, will be absent from the
30 county on election day.
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Florida Senate - 2004 CS for SB 2566
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1 [ ] I am the spouse or dependent of a member of the
2 uniformed service or Merchant Marine who, by reason of the
3 active duty or service of the member, will be absent from the
4 county on election day.
5 [ ] I am currently residing outside the United States.
6
7 ... (Date) ...... Voter's Signature ...
8
9 Note: Your signature must be witnessed by one witness 18 years
10 of age or older as provided in the instruction sheet.
11
12 I swear or affirm that the voter signed this Voter's
13 Certificate in my presence.
14
15 ... (Signature of Witness) ...
16
17 ... (Address) ...
18
19 ... (City/State) ...
20
21 (4) The certificate shall be arranged on the back of
22 the envelope so that the lines for the signature signatures of
23 the absent elector is and the attesting witness are across the
24 seal of the envelope.
25 Section 5. Subsection (2) of section 101.6923, Florida
26 Statutes, is amended to read:
27 101.6923 Special absentee ballot instructions for
28 certain first-time voters.--
29 (2) A voter covered by this section shall be provided
30 with the following printed instructions with his or her
31 absentee ballot:
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Florida Senate - 2004 CS for SB 2566
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1
2 READ THESE INSTRUCTIONS CAREFULLY BEFORE
3 MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE
4 INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO
5 COUNT.
6
7 1. In order to ensure that your absentee ballot will
8 be counted, it should be completed and returned as soon as
9 possible so that it can reach the supervisor of elections of
10 the county in which your precinct is located no later than 7
11 p.m. on the date of the election.
12 2. Mark your ballot in secret as instructed on the
13 ballot. You must mark your own ballot unless you are unable to
14 do so because of blindness, disability, or inability to read
15 or write.
16 3. Mark only the number of candidates or issue choices
17 for a race as indicated on the ballot. If you are allowed to
18 "Vote for One" candidate and you vote for more than one, your
19 vote in that race will not be counted.
20 4. Place your marked ballot in the enclosed secrecy
21 envelope and seal the envelope.
22 5. Insert the secrecy envelope into the enclosed
23 envelope bearing the Voter's Certificate. Seal the envelope
24 and completely fill out the Voter's Certificate on the back of
25 the envelope.
26 a. You must sign your name on the line above (Voter's
27 Signature).
28 b. You must have your signature witnessed. Have the
29 witness sign above (Signature of Witness) and include his or
30 her address. No candidate may serve as an attesting witness.
31
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Florida Senate - 2004 CS for SB 2566
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1 b.c. If you are an overseas voter, you must include
2 the date you signed the Voter's Certificate on the line above
3 (Date) or your ballot may not be counted.
4 6. Unless you meet one of the exemptions in Item 7.,
5 you must make a copy of one of the following forms of
6 identification:
7 a. Identification which must include your name and
8 photograph: current and valid Florida driver's license;
9 Florida identification card issued by the Department of
10 Highway Safety and Motor Vehicles; United States passport;
11 employee badge or identification; buyer's club identification
12 card; debit or credit card; military identification; student
13 identification; retirement center identification; neighborhood
14 association identification; entertainment identification; or
15 public assistance identification; or
16 b. Identification which shows your name and current
17 residence address: current utility bill, bank statement,
18 government check, paycheck, or government document (excluding
19 voter identification card).
20 7. The identification requirements of Item 6. do not
21 apply if you meet one of the following requirements:
22 a. You are 65 years of age or older.
23 b. You have a temporary or permanent physical
24 disability.
25 c. You are a member of a uniformed service on active
26 duty who, by reason of such active duty, will be absent from
27 the county on election day.
28 d. You are a member of the Merchant Marine who, by
29 reason of service in the Merchant Marine, will be absent from
30 the county on election day.
31
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Florida Senate - 2004 CS for SB 2566
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1 e. You are the spouse or dependent of a member
2 referred to in paragraph c. or paragraph d. who, by reason of
3 the active duty or service of the member, will be absent from
4 the county on election day.
5 f. You are currently residing outside the United
6 States.
7 8. Place the envelope bearing the Voter's Certificate
8 into the mailing envelope addressed to the supervisor. Insert
9 a copy of your identification in the mailing envelope. DO NOT
10 PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE
11 BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S
12 CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.
13 9. Mail, deliver, or have delivered the completed
14 mailing envelope. Be sure there is sufficient postage if
15 mailed.
16 10. FELONY NOTICE. It is a felony under Florida law to
17 accept any gift, payment, or gratuity in exchange for your
18 vote for a candidate. It is also a felony under Florida law to
19 vote in an election using a false identity or false address,
20 or under any other circumstances making your ballot false or
21 fraudulent.
22 Section 6. Subsection (2) of section 101.6952, Florida
23 Statutes, is amended to read:
24 101.6952 Absentee ballots for overseas voters.--
25 (2) For absentee ballots received from overseas
26 voters, there is a presumption that the envelope was mailed on
27 the date stated and witnessed on the outside of the return
28 envelope, regardless of the absence of a postmark on the
29 mailed envelope or the existence of a postmark date that is
30 later than the date of the election.
31 Section 7. This act shall take effect July 1, 2004.
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Florida Senate - 2004 CS for SB 2566
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2566
3
4 The committee substitute differs from the original bill in
that it also removes the references to the attesting witness
5 signature from sections 101.65, 101.68, 101.6921, 101.6923,
and 101.6952.
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