Senate Bill sb0618c2

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    Florida Senate - 2004                     CS for CS for SB 618

    By the Committees on Governmental Oversight and Productivity;
    Ethics and Elections; and Senator Cowin




    302-1620-04

  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         authorizing the Department of State to adopt

21         emergency rules for the 2004 election cycle;

22         providing an effective date.

23  

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

25  

26         Section 1.  Section 101.657, Florida Statutes, is

27  amended to read:

28         101.657  Early voting absentee ballots in person.--

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

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

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

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    Florida Senate - 2004                     CS for CS for SB 618
    302-1620-04




 1  receiving the ballot, the elector must present a current and

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

 3  If the elector fails to furnish the required identification,

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

 5  elector, the supervisor must follow the procedure prescribed

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

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

 8  and has not provided the required identification to the

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

10  allowed to vote a provisional ballot. The canvassing board

11  shall compare the signature on the provisional ballot envelope

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

13  signatures match, shall count the ballot.

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

15  101.64, and 101.65, and 101.659, the supervisor of elections

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

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

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

19  supervisor to collect or tabulate ballots. The results or

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

21  election day.

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

23  voting location for every 100,000 voters registered to vote in

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

25  100,000 voters registered to vote in the election shall

26  designate at least one early voting location. Except as

27  otherwise provided in this section, each early voting location

28  must meet the requirements for a polling place under the

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

30  located in a public building leased for at least 2 years, on

31  the date early voting commences, or owned by the state,

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    Florida Senate - 2004                     CS for CS for SB 618
    302-1620-04




 1  county, or municipality. The selection of early voting

 2  locations must be designed to provide all voters in the county

 3  with an equal opportunity to cast a ballot, insofar as is

 4  practicable.

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

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

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

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

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

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

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

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

13  weekend during the early voting period. The supervisor shall

14  publish the address and hours of operation of early voting

15  facilities two times in a newspaper of general circulation at

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

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

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

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

20  Certificate in substantially the following form:

21  

22                   IN-OFFICE VOTER CERTIFICATE

23  

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

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

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

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

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

29  commit fraud in connection with voting, vote a fraudulent

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

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

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    Florida Senate - 2004                     CS for CS for SB 618
    302-1620-04




 1  $5,000 and imprisoned for up to 5 years. I understand that my

 2  failure to sign this certificate and have my signature

 3  witnessed invalidates my ballot.

 4  

 5  

 6  ...(Voter's Signature)...

 7  

 8  ...(Address)...

 9  

10  ...(City/State)...

11  

12  ...(Name of Witness)...

13  

14  ...(Signature of Witness)...

15  

16  ...(Type of identification provided)...

17  

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

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

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

21  subscribed. The challenged elector shall vote a provisional

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

23  challenge an elector seeking to cast an absentee ballot under

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

25  placed in a regular absentee ballot envelope. The canvassing

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

27  ballot by majority vote.

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

29  this subsection shall be substantially the same as votes cast

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

31  

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    Florida Senate - 2004                     CS for CS for SB 618
    302-1620-04




 1         (g)  The department shall adopt rules for administering

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

 3  security of early voting locations and the security of

 4  ballots, tabulating equipment, and other voting materials at

 5  early voting locations.

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

 7  for early voting as required by this section commits a

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

 9  775.082 or s. 775.083.

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

11  Statutes, is amended to read:

12         101.5612  Testing of tabulating equipment.--

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

14  commencement of early voting as provided in s. 101.657

15  election day, the supervisor of elections shall have the

16  automatic tabulating equipment publicly tested to ascertain

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

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

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

20  thereto by publication once in one or more newspapers of

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

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

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

24  supervisor or the municipal elections official may, at the

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

26  location of the such public preelection test to each candidate

27  qualifying with that office and obtain a signed receipt that

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

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

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

31  voting equipment will be tested and advise each the such

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    Florida Senate - 2004                     CS for CS for SB 618
    302-1620-04




 1  candidate to contact the county supervisor of elections as to

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

 3  supervisor or the municipal elections official shall, at least

 4  15 days prior to the commencement of early voting as provided

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

 6  mail to the county party chair of each political party and to

 7  all candidates for other than statewide office whose names

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

 9  written notification from the supervisor or municipal

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

11  and location of the public preelection test of the automatic

12  tabulating equipment. The canvassing board shall convene, and

13  each member of the canvassing board shall certify to the

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

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

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

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

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

19  central counting room when all tests are being conducted and

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

21  shall not interfere with the normal operation of the

22  canvassing board.

23         Section 3.  Section 101.5613, Florida Statutes, is

24  amended to read:

25         101.5613  Examination of equipment during voting.--A

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

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

28  elections, shall occasionally examine the face of the voting

29  device and the ballot information to determine that the device

30  and the ballot information have not been damaged or tampered

31  with.

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    Florida Senate - 2004                     CS for CS for SB 618
    302-1620-04




 1         Section 4.  Section 101.659, Florida Statutes, is

 2  created to read:

 3         101.659  Voting absentee ballots in person.--Any

 4  qualified and registered elector may pick up and vote an

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

 6  supervision of, the supervisor of elections. Before receiving

 7  the ballot, the elector must present identification as

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

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

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

11  the procedure prescribed in s. 101.49.

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

13  101.62, Florida Statutes, is amended to read:

14         101.62  Request for absentee ballots.--

15         (4)

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

17  are printed, the supervisor shall provide an absentee ballot

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

19  made by one of the following means:

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

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

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

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

24  plan to return before the day of the election;

25         b.  The elector is temporarily unable to occupy the

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

27  emergency or natural disaster; or

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

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

30  facility, or correctional facility,

31  

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    Florida Senate - 2004                     CS for CS for SB 618
    302-1620-04




 1  in which case the supervisor shall mail the ballot by

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

 3  address the elector specifies in the request.

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

 5  vote by absentee ballot under the Uniformed and Overseas

 6  Citizens Voting Act.

 7         3.  By personal delivery to the elector, upon

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

 9  101.657.

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

11  4 days prior to the day of an election. Any elector may

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

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

14  than two absentee ballots per election, other than the

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

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

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

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

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

20  designee shall provide to the supervisor the written

21  authorization by the elector and a picture identification of

22  the designee and must complete an affidavit.  The designee

23  shall state in the affidavit that the designee is authorized

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

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

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

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

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

29  signature of the elector on the written authorization matches

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

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

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    Florida Senate - 2004                     CS for CS for SB 618
    302-1620-04




 1         Section 6.  Due to the exigency of the need for federal

 2  preclearance, the Department of State may adopt the rules

 3  referenced in section 1 of this act by emergency rule pursuant

 4  to section 120.54(4), Florida Statutes. Such emergency rules

 5  shall be effective through November 2, 2004.

 6         Section 7.  This act shall take effect upon becoming a

 7  law.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                            CS/SB 618

11                                 

12  Permits early voting at buildings that have been leased by the
    state, a county or municipality for at least two years prior
13  to the date early voting commences.

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