HB 383

A bill to be entitled
2An act relating to mail ballot elections; amending s.
3101.6102, F.S.; authorizing counties to conduct county
4elections by mail ballot under certain circumstances;
5providing an effective date.
7Be It Enacted by the Legislature of the State of Florida:
9     Section 1.  Section 101.6102, Florida Statutes, is amended
10to read:
11     101.6102  Mail ballot elections; limitations.--
12     (1)(a)  An election may be conducted by mail ballot if:
13     1.  The election is a referendum election at which all or a
14portion of the qualified electors of one of the following
15subdivisions of government are the only electors eligible to
17     a.  Counties;
18     b.  Cities;
19     c.  School districts covering no more than one county; or
20     d.  Special districts;
21     2.  The governing body responsible for calling the election
22and the supervisor of elections responsible for the conduct of
23the election authorize the use of mail ballots for the election;
25     3.  The Secretary of State approves a written plan for the
26conduct of the election, which shall include a written timetable
27for the conduct of the election, submitted by the supervisor of
29     (b)  In addition, An annexation referendum which includes
30only qualified electors of one county may also be voted on by
31mail ballot election.
32     (c)  A board of county commissioners may declare that a
33county election shall be conducted entirely by mail ballot. The
34board of county commissioners shall make that declaration no
35later than 90 days before the date of the scheduled election.
36     (2)  The following elections may not be conducted by mail
38     (a)  An election at which any candidate is nominated,
39elected, retained, or recalled, except a county election
40pursuant to paragraph (1)(c); or
41     (b)  An election held on the same date as another election,
42other than a mail ballot election, in which the qualified
43electors of that political subdivision are eligible to cast
45     (3)  The supervisor of elections shall be responsible for
46the conduct of any election held under ss. 101.6101-101.6107.
47     (4)  The costs of a mail ballot election shall be borne by
48the jurisdiction initiating the calling of the election, unless
49otherwise provided by law.
50     (5)  Nothing in this section shall be construed to prohibit
51the use of a mail ballot election in a municipal annexation
52referendum requiring separate vote of the registered electors of
53the annexing municipality and of the area proposed to be
54annexed. If a mail ballot election is authorized for a municipal
55annexation referendum, the provisions of ss. 101.6101-101.6107
56shall control over any conflicting provisions of s. 171.0413.
57     Section 2.  This act shall take effect July 1, 2007.

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