| 1 | A bill to be entitled |
| 2 | An act relating to elections; providing a short title; |
| 3 | amending s. 98.075, F.S.; revising requirements for |
| 4 | supervisors relating to removal of deceased voters' names |
| 5 | from the statewide voter registration system; amending s. |
| 6 | 100.061, F.S.; revising the date on which the primary |
| 7 | election is held; amending s. 101.151, F.S.; authorizing |
| 8 | the use of ballot-on-demand technology to produce certain |
| 9 | marksense ballots; creating s. 101.56075, F.S.; requiring |
| 10 | all voting to be by marksense ballots; providing an |
| 11 | exemption for voters with disabilities; amending s. |
| 12 | 101.5612, F.S.; providing for testing of ballots that are |
| 13 | pre-printed and printed by ballot-on-demand technology; |
| 14 | amending s. 101.591, F.S.; requiring postelection, random |
| 15 | audits of voting systems; providing general audit |
| 16 | procedures; requiring that audit results be reported to |
| 17 | the Department of State; prescribing requirements for |
| 18 | audit reports; requiring the department to adopt rules |
| 19 | prescribing audit procedures and a standard reporting |
| 20 | form; amending s. 101.6102, F.S.; authorizing counties and |
| 21 | cities to conduct county or city elections by mail ballot |
| 22 | under certain circumstances; amending s. 101.6103, F.S.; |
| 23 | revising the date the canvassing of mail ballots may |
| 24 | begin; amending s. 101.68, F.S.; revising the date the |
| 25 | canvassing of absentee ballots may begin; removing an |
| 26 | obsolete implementation date; amending s. 104.20, F.S.; |
| 27 | providing that removal of a ballot from a polling place in |
| 28 | certain circumstances is a felony; providing penalties; |
| 29 | requiring the department to seek funding to pay for |
| 30 | specified costs; providing certain contingent effect; |
| 31 | providing effective dates. |
| 32 |
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| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
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| 35 | Section 1. This act may be cited as the "Trust in |
| 36 | Elections Act." |
| 37 | Section 2. Subsection (3) of section 98.075, Florida |
| 38 | Statutes, is amended to read: |
| 39 | 98.075 Registration records maintenance activities; |
| 40 | ineligibility determinations.-- |
| 41 | (3) DECEASED PERSONS.--The department shall identify those |
| 42 | registered voters who are deceased by comparing information on |
| 43 | the lists of deceased persons received from the Department of |
| 44 | Health as provided in s. 98.093. Upon receipt of such |
| 45 | information through the statewide voter registration system, the |
| 46 | supervisor shall remove the name of the registered voter. |
| 47 | Additionally, if the supervisor is presented with a certified |
| 48 | copy of a death certificate issued from a bona fide governmental |
| 49 | agency, the supervisor may remove the name of the deceased voter |
| 50 | from the statewide voter registration system. |
| 51 | Section 3. Section 100.061, Florida Statutes, is amended |
| 52 | to read: |
| 53 | 100.061 Primary election.--In each year in which a general |
| 54 | election is held, a primary election for nomination of |
| 55 | candidates of political parties shall be held on the Tuesday 10 |
| 56 | 9 weeks prior to the general election. The candidate receiving |
| 57 | the highest number of votes cast in each contest in the primary |
| 58 | election shall be declared nominated for such office. If two or |
| 59 | more candidates receive an equal and highest number of votes for |
| 60 | the same office, such candidates shall draw lots to determine |
| 61 | which candidate is nominated. |
| 62 | Section 4. Subsection (1) of section 101.151, Florida |
| 63 | Statutes, is amended to read: |
| 64 | 101.151 Specifications for ballots.-- |
| 65 | (1)(a) Marksense ballots shall be printed on paper of such |
| 66 | thickness that the printing cannot be distinguished from the |
| 67 | back and shall meet the specifications of the voting system that |
| 68 | will be used to tabulate the ballots. |
| 69 | (b) Supervisors of elections may employ ballot-on-demand |
| 70 | technology to print individual marksense ballots for early |
| 71 | voting and election day voting, including provisional and |
| 72 | absentee ballots. |
| 73 | Section 5. Section 101.56075, Florida Statutes, is created |
| 74 | to read: |
| 75 | 101.56075 Voting methods.-- |
| 76 | (1) Except as provided in subsection (2), all voting shall |
| 77 | be conducted by marksense ballots utilizing a marking device for |
| 78 | the purpose of designating ballot selections. |
| 79 | (2) Persons with disabilities may vote on a voter |
| 80 | interface device that meets the voting system accessibility |
| 81 | requirements for individuals with disabilities pursuant to |
| 82 | section 301 of the Help America Vote Act of 2002 and s. |
| 83 | 101.56062. |
| 84 | Section 6. Subsection (3) and paragraph (a) of subsection |
| 85 | (4) of section 101.5612, Florida Statutes, are amended to read: |
| 86 | 101.5612 Testing of tabulating equipment.-- |
| 87 | (3) For electronic or electromechanical voting systems |
| 88 | configured to tabulate absentee ballots at a central or regional |
| 89 | site, the public testing shall be conducted by processing a |
| 90 | preaudited group of ballots so produced as to record a |
| 91 | predetermined number of valid votes for each candidate and on |
| 92 | each measure and to include one or more ballots for each office |
| 93 | which have activated voting positions in excess of the number |
| 94 | allowed by law in order to test the ability of the automatic |
| 95 | tabulating equipment to reject such votes. If a county intends |
| 96 | to use ballot-on-demand equipment in an election, it must also |
| 97 | process ballots that have been printed with such equipment. If |
| 98 | any error is detected, the cause therefor shall be corrected and |
| 99 | an errorless count shall be made before the automatic tabulating |
| 100 | equipment is approved. The test shall be repeated and errorless |
| 101 | results achieved immediately before the start of the official |
| 102 | count of the ballots and again after the completion of the |
| 103 | official count. The programs and ballots used for testing shall |
| 104 | be sealed and retained under the custody of the county |
| 105 | canvassing board. |
| 106 | (4)(a)1. For electronic or electromechanical voting |
| 107 | systems configured to include electronic or electromechanical |
| 108 | tabulation devices which are distributed to the precincts, all |
| 109 | or a sample of the devices to be used in the election shall be |
| 110 | publicly tested. If a sample is to be tested, the sample shall |
| 111 | consist of a random selection of at least 5 percent of the |
| 112 | devices for an optical scan system or 2 percent of the devices |
| 113 | for a touchscreen system or 10 of the devices for either system, |
| 114 | as applicable, whichever is greater. The test shall be conducted |
| 115 | by processing a group of ballots, causing the device to output |
| 116 | results for the ballots processed, and comparing the output of |
| 117 | results to the results expected for the ballots processed. If a |
| 118 | county intends to use ballot-on-demand equipment in an election, |
| 119 | it must also process ballots that have been printed with such |
| 120 | equipment. The group of ballots shall be produced so as to |
| 121 | record a predetermined number of valid votes for each candidate |
| 122 | and on each measure and to include for each office one or more |
| 123 | ballots which have activated voting positions in excess of the |
| 124 | number allowed by law in order to test the ability of the |
| 125 | tabulating device to reject such votes. |
| 126 | 2. If any tested tabulating device is found to have an |
| 127 | error in tabulation, it shall be deemed unsatisfactory. For each |
| 128 | device deemed unsatisfactory, the canvassing board shall take |
| 129 | steps to determine the cause of the error, shall attempt to |
| 130 | identify and test other devices that could reasonably be |
| 131 | expected to have the same error, and shall test a number of |
| 132 | additional devices sufficient to determine that all devices are |
| 133 | satisfactory. Upon deeming any device unsatisfactory, the |
| 134 | canvassing board may require all devices to be tested or may |
| 135 | declare that all devices are unsatisfactory. |
| 136 | 3. If the operation or output of any tested tabulation |
| 137 | device, such as spelling or the order of candidates on a report, |
| 138 | is in error, such problem shall be reported to the canvassing |
| 139 | board. The canvassing board shall then determine if the reported |
| 140 | problem warrants its deeming the device unsatisfactory. |
| 141 | Section 7. Section 101.591, Florida Statutes, is amended |
| 142 | to read: |
| 143 | (Substantial rewording of section. See |
| 144 | s. 101.591, F.S., for present text.) |
| 145 | 101.591 Voting system audit.-- |
| 146 | (1)(a) If the second set of unofficial returns filed |
| 147 | pursuant to s. 102.141 reflects that a candidate for any office |
| 148 | in that county was defeated or eliminated by one-half of one |
| 149 | percent or less of the votes cast for such office, that a |
| 150 | candidate for retention to a judicial office was retained or not |
| 151 | retained by one-half of one percent or less of the votes cast on |
| 152 | the question of retention, or that a measure appearing on the |
| 153 | ballot was approved or rejected by one-half of one percent or |
| 154 | less of the votes cast on such measure in that county, each |
| 155 | county canvassing board or local board responsible for |
| 156 | certifying the election shall order an audit of the voting |
| 157 | system used in the election. |
| 158 | (b) The audit conducted pursuant to this subsection shall |
| 159 | consist of an evaluation of the voting system used in 4 percent |
| 160 | of the precincts chosen at random by the county canvassing board |
| 161 | or local board responsible for certifying the election to |
| 162 | provide reasonable assurance that the system is properly |
| 163 | controlled, can accurately count votes, provides adequate |
| 164 | safeguards against unauthorized manipulation and fraud, and |
| 165 | complies with the requirements of law and rules of the |
| 166 | Department of State. If 4 percent of the precincts is less than |
| 167 | one entire precinct, the audit shall be conducted in one |
| 168 | precinct chosen at random by the county canvassing board or the |
| 169 | local board responsible for certifying the election. Such |
| 170 | precincts shall be selected at a publicly noticed meeting. |
| 171 | (2) The board shall post a notice of the audit, including |
| 172 | the date, time, and location of the audit, in four conspicuous |
| 173 | places in the county and on the website of any affected county |
| 174 | supervisor of elections. |
| 175 | (3) The audit shall be completed and the results made |
| 176 | public no later than 11:59 p.m. on the 9th day after |
| 177 | certification of the election by the county canvassing board or |
| 178 | the local board responsible for certifying the election. |
| 179 | (4) Within 15 days after completing the audit, the county |
| 180 | canvassing board or the board responsible for certifying the |
| 181 | election shall provide a report with the results of the audit to |
| 182 | the Department of State in a standard format prescribed by the |
| 183 | department. |
| 184 | (5) The Department of State shall adopt rules prescribing |
| 185 | detailed audit procedures for each voting system, which shall be |
| 186 | uniform to the extent practicable, along with a standard format |
| 187 | to be used for audit reports. |
| 188 | Section 8. Section 101.6102, Florida Statutes, is amended |
| 189 | to read: |
| 190 | 101.6102 Mail ballot elections; limitations.-- |
| 191 | (1)(a) An election may be conducted by mail ballot if: |
| 192 | 1. The election is a referendum election at which all or a |
| 193 | portion of the qualified electors of one of the following |
| 194 | subdivisions of government are the only electors eligible to |
| 195 | vote: |
| 196 | a. Counties; |
| 197 | b. Cities; |
| 198 | c. School districts covering no more than one county; or |
| 199 | d. Special districts; |
| 200 | 2. The governing body responsible for calling the election |
| 201 | and the supervisor of elections responsible for the conduct of |
| 202 | the election authorize the use of mail ballots for the election; |
| 203 | and |
| 204 | 3. The Secretary of State approves a written plan for the |
| 205 | conduct of the election, which shall include a written timetable |
| 206 | for the conduct of the election, submitted by the supervisor of |
| 207 | elections. |
| 208 | (b) In addition, An annexation referendum which includes |
| 209 | only qualified electors of one county may also be voted on by |
| 210 | mail ballot election. |
| 211 | (c) A board of county or city commissioners may declare |
| 212 | that a county or city election shall be conducted entirely by |
| 213 | mail ballot. The board of county or city commissioners shall |
| 214 | make that declaration at least 90 days before the date of the |
| 215 | scheduled election. |
| 216 | (2) The following elections may not be conducted by mail |
| 217 | ballot: |
| 218 | (a) An election at which any candidate is nominated, |
| 219 | elected, retained, or recalled, except a county or city election |
| 220 | pursuant to paragraph (1)(c); or |
| 221 | (b) An election held on the same date as another election, |
| 222 | other than a mail ballot election, in which the qualified |
| 223 | electors of that political subdivision are eligible to cast |
| 224 | ballots. |
| 225 | (3) The supervisor of elections shall be responsible for |
| 226 | the conduct of any election held under ss. 101.6101-101.6107. |
| 227 | (4) The costs of a mail ballot election shall be borne by |
| 228 | the jurisdiction initiating the calling of the election, unless |
| 229 | otherwise provided by law. |
| 230 | (5) Nothing in this section shall be construed to prohibit |
| 231 | the use of a mail ballot election in a municipal annexation |
| 232 | referendum requiring separate vote of the registered electors of |
| 233 | the annexing municipality and of the area proposed to be |
| 234 | annexed. If a mail ballot election is authorized for a municipal |
| 235 | annexation referendum, the provisions of ss. 101.6101-101.6107 |
| 236 | shall control over any conflicting provisions of s. 171.0413. |
| 237 | Section 9. Subsection (6) of section 101.6103, Florida |
| 238 | Statutes, is amended to read: |
| 239 | 101.6103 Mail ballot election procedure.-- |
| 240 | (6) The canvassing board may begin the canvassing of mail |
| 241 | ballots at 7 a.m. on the 6th fourth day before the election, |
| 242 | including processing the ballots through the tabulating |
| 243 | equipment. However, results may not be released until after 7 |
| 244 | p.m. on election day. Any canvassing board member or election |
| 245 | employee who releases any result before 7 p.m. on election day |
| 246 | commits a felony of the third degree, punishable as provided in |
| 247 | s. 775.082, s. 775.083, or s. 775.084. |
| 248 | Section 10. Paragraphs (a) and (c) of subsection (2) of |
| 249 | section 101.68, Florida Statutes, are amended to read: |
| 250 | 101.68 Canvassing of absentee ballot.-- |
| 251 | (2)(a) The county canvassing board may begin the |
| 252 | canvassing of absentee ballots at 7 a.m. on the 6th fourth day |
| 253 | before the election, but not later than noon on the day after |
| 254 | following the election. In addition, for any county using |
| 255 | electronic tabulating equipment, the processing of absentee |
| 256 | ballots through such tabulating equipment may begin at 7 a.m. on |
| 257 | the 6th fourth day before the election. However, notwithstanding |
| 258 | any such authorization to begin canvassing or otherwise |
| 259 | processing absentee ballots early, no result shall be released |
| 260 | until after the closing of the polls in that county on election |
| 261 | day. Any supervisor of elections, deputy supervisor of |
| 262 | elections, canvassing board member, election board member, or |
| 263 | election employee who releases the results of a canvassing or |
| 264 | processing of absentee ballots prior to the closing of the polls |
| 265 | in that county on election day commits a felony of the third |
| 266 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 267 | 775.084. |
| 268 | (c)1. The canvassing board shall, if the supervisor has |
| 269 | not already done so, compare the signature of the elector on the |
| 270 | voter's certificate with the signature of the elector in the |
| 271 | registration books to see that the elector is duly registered in |
| 272 | the county and to determine the legality of that absentee |
| 273 | ballot. Effective July 1, 2005, The ballot of an elector who |
| 274 | casts an absentee ballot shall be counted even if the elector |
| 275 | dies on or before election day, as long as, prior to the death |
| 276 | of the voter, the ballot was postmarked by the United States |
| 277 | Postal Service, date-stamped with a verifiable tracking number |
| 278 | by common carrier, or already in the possession of the |
| 279 | supervisor of elections. An absentee ballot shall be considered |
| 280 | illegal if it does not include the signature of the elector, as |
| 281 | shown by the registration records. However, an absentee ballot |
| 282 | shall not be considered illegal if the signature of the elector |
| 283 | does not cross the seal of the mailing envelope. If the |
| 284 | canvassing board determines that any ballot is illegal, a member |
| 285 | of the board shall, without opening the envelope, mark across |
| 286 | the face of the envelope: "rejected as illegal." The envelope |
| 287 | and the ballot contained therein shall be preserved in the |
| 288 | manner that official ballots voted are preserved. |
| 289 | 2. If any elector or candidate present believes that an |
| 290 | absentee ballot is illegal due to a defect apparent on the |
| 291 | voter's certificate, he or she may, at any time before the |
| 292 | ballot is removed from the envelope, file with the canvassing |
| 293 | board a protest against the canvass of that ballot, specifying |
| 294 | the precinct, the ballot, and the reason he or she believes the |
| 295 | ballot to be illegal. A challenge based upon a defect in the |
| 296 | voter's certificate may not be accepted after the ballot has |
| 297 | been removed from the mailing envelope. |
| 298 | Section 11. Section 104.20, Florida Statutes, is amended |
| 299 | to read: |
| 300 | 104.20 Ballot not to be seen, and other offenses.--Any |
| 301 | elector who, except as provided by law, allows his or her ballot |
| 302 | to be seen by any person; takes or removes, or attempts to take |
| 303 | or remove, any ballot from the polling place before the close of |
| 304 | the polls; places any mark on his or her ballot by which it may |
| 305 | be identified; endeavors to induce any elector to show how he or |
| 306 | she voted; aids or attempts to aid any elector unlawfully; or |
| 307 | prints or procures to be printed, or has in his or her |
| 308 | possession, any copies of any ballot prepared to be voted is |
| 309 | guilty of a misdemeanor of the first degree, punishable as |
| 310 | provided in s. 775.082 or s. 775.083. Any elector who, except as |
| 311 | provided by law, takes or removes, or attempts to take or |
| 312 | remove, any ballot from a polling place before the close of the |
| 313 | polls commits a felony of the third degree, punishable as |
| 314 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 315 | Section 12. The Department of State shall seek funding |
| 316 | under the Help America Vote Act of 2002 or other federal source |
| 317 | to pay for any costs to implement sections 4 and 5 of this act. |
| 318 | Section 13. Sections 4 and 5 of this act shall take effect |
| 319 | 1 year after the Legislature appropriates funds it determines |
| 320 | appropriate to implement requirements for the voting equipment |
| 321 | prescribed in those sections or, in the alternative, counties |
| 322 | may implement requirements for the voting equipment prescribed |
| 323 | in those sections using local funds if a county chooses to do |
| 324 | so. |
| 325 | Section 14. Except as otherwise expressly provided in this |
| 326 | act, this act shall take effect July 1, 2007. |