Senate Bill sb0618

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    Florida Senate - 2004                                   SB 618

    By Senator Cowin





    20-558-04

  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 current and

31  valid picture identification as provided in s. 97.0535(3)(a).

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    Florida Senate - 2004                                   SB 618
    20-558-04




 1  If the elector fails to furnish the required identification,

 2  or if the supervisor is in doubt as to the identity of the

 3  elector, the supervisor must follow the procedure prescribed

 4  in s. 101.49. If the elector who fails to furnish the required

 5  identification is a first-time voter who registered by mail

 6  and has not provided the required identification to the

 7  supervisor of elections prior to voting, the elector shall be

 8  allowed to vote a provisional ballot. The canvassing board

 9  shall compare the signature on the provisional ballot envelope

10  with the signature on the voter's registration and, if the

11  signatures match, shall count the ballot.

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

13  101.64, and 101.65, and 101.659, the supervisor of elections

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

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

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

17  supervisor to collect or tabulate ballots. The results or

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

19  election day.

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

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

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

23  70,000 voters registered to vote in the election shall

24  designate at least one early voting location. Except as

25  otherwise provided in this section, each early voting location

26  must meet the requirements for a polling place under the

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

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

29  municipality. The selection of early voting locations must be

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

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

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    Florida Senate - 2004                                   SB 618
    20-558-04




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

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

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

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

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

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

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

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

 9  weekend during the early voting period. The supervisor shall

10  publish the address and hours of operation of early voting

11  facilities two times in a newspaper of general circulation at

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

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

14  present provide identification as required in s. 101.043(1)

15  subsection (1) and must complete an In-Office Voter

16  Certificate in substantially the following form:

17  

18                   IN-OFFICE VOTER CERTIFICATE

19  

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

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

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

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

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

25  commit fraud in connection with voting, vote a fraudulent

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

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

28  $5,000 and imprisoned for up to 5 years. I understand that my

29  failure to sign this certificate and have my signature

30  witnessed invalidates my ballot.

31  

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    Florida Senate - 2004                                   SB 618
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 1  

 2  ...(Voter's Signature)...

 3  

 4  ...(Address)...

 5  

 6  ...(City/State)...

 7  

 8  ...(Name of Witness)...

 9  

10  ...(Signature of Witness)...

11  

12  ...(Type of identification provided)...

13  

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

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

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

17  subscribed. The challenged elector shall vote a provisional

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

19  challenge an elector seeking to cast an absentee ballot under

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

21  placed in a regular absentee ballot envelope. The canvassing

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

23  ballot by majority vote.

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

25  this subsection shall be substantially the same as votes cast

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

27         (g)  The department shall adopt rules for administering

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

29  security of early voting locations and the security of

30  ballots, tabulating equipment, and other voting materials at

31  early voting locations.

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    Florida Senate - 2004                                   SB 618
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 1         (2)  Any supervisor of elections who fails to provide

 2  for early voting as required by this section commits a

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

 4  775.082 or s. 775.083.

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

 6  Statutes, is amended to read:

 7         101.5612  Testing of tabulating equipment.--

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

 9  commencement of early voting as provided in s. 101.657

10  election day, the supervisor of elections shall have the

11  automatic tabulating equipment publicly tested to ascertain

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

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

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

15  thereto by publication once in one or more newspapers of

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

17  of general circulation in the county, by posting the such

18  notice in at least four conspicuous places in the county. The

19  supervisor or the municipal elections official may, at the

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

21  location of the such public preelection test to each candidate

22  qualifying with that office and obtain a signed receipt that

23  the such notice has been given. The Department of State shall

24  give written notice to each statewide candidate at the time of

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

26  voting equipment will be tested and advise each the such

27  candidate to contact the county supervisor of elections as to

28  the time and location of the public preelection test. The

29  supervisor or the municipal elections official shall, at least

30  15 days prior to the commencement of early voting as provided

31  in s. 101.657 an election, send written notice by certified

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    Florida Senate - 2004                                   SB 618
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 1  mail to the county party chair of each political party and to

 2  all candidates for other than statewide office whose names

 3  appear on the ballot in the county and who did not receive

 4  written notification from the supervisor or municipal

 5  elections official at the time of qualifying, stating the time

 6  and location of the public preelection test of the automatic

 7  tabulating equipment. The canvassing board shall convene, and

 8  each member of the canvassing board shall certify to the

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

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

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

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

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

14  central counting room when all tests are being conducted and

15  when the official votes are being counted. The Such designee

16  shall not interfere with the normal operation of the

17  canvassing board.

18         Section 3.  Section 101.5613, Florida Statutes, is

19  amended to read:

20         101.5613  Examination of equipment during voting.--A

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

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

23  elections, shall occasionally examine the face of the voting

24  device and the ballot information to determine that the device

25  and the ballot information have not been damaged or tampered

26  with.

27         Section 4.  Section 101.659, Florida Statutes, is

28  created to read:

29         101.659  Voting absentee ballots in person.--Any

30  qualified and registered elector may pick up and vote an

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

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    Florida Senate - 2004                                   SB 618
    20-558-04




 1  supervision of, the supervisor of elections. Before receiving

 2  the ballot, the elector must present identification as

 3  required in s. 101.043(1).  If the elector fails to furnish

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

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

 6  the procedure prescribed in s. 101.49.

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

 8  101.62, Florida Statutes, is amended to read:

 9         101.62  Request for absentee ballots.--

10         (4)

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

12  are printed, the supervisor shall provide an absentee ballot

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

14  made by one of the following means:

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

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

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

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

19  plan to return before the day of the election;

20         b.  The elector is temporarily unable to occupy the

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

22  emergency or natural disaster; or

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

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

25  facility, or correctional facility,

26  

27  in which case the supervisor shall mail the ballot by

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

29  address the elector specifies in the request.

30  

31  

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    Florida Senate - 2004                                   SB 618
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 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 6.  This act shall take effect January 1, 2005.

30  

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    Florida Senate - 2004                                   SB 618
    20-558-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires supervisors of elections to allow electors to
      vote early. Provides requirements for the location and
 4    number of early voting facilities. Specifies the period
      and hours of operation. Requires supervisors of elections
 5    to provide notice of early voting. Requires the
      Department of State to adopt rules. Provides a penalty
 6    for failure to provide for early voting. Modifies the
      timeframe for testing voting equipment. Provides for
 7    periodic examination of equipment during early voting.
      Provides for a voter to cast an in-person absentee
 8    ballot.

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