| 1 | A bill to be entitled |
| 2 | An act relating to mail ballot elections; amending s. |
| 3 | 101.6102, F.S.; authorizing counties to conduct county |
| 4 | elections by mail ballot under certain circumstances; |
| 5 | providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Section 101.6102, Florida Statutes, is amended |
| 10 | to 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 |
| 14 | portion of the qualified electors of one of the following |
| 15 | subdivisions of government are the only electors eligible to |
| 16 | vote: |
| 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 |
| 22 | and the supervisor of elections responsible for the conduct of |
| 23 | the election authorize the use of mail ballots for the election; |
| 24 | and |
| 25 | 3. The Secretary of State approves a written plan for the |
| 26 | conduct of the election, which shall include a written timetable |
| 27 | for the conduct of the election, submitted by the supervisor of |
| 28 | elections. |
| 29 | (b) In addition, An annexation referendum which includes |
| 30 | only qualified electors of one county may also be voted on by |
| 31 | mail ballot election. |
| 32 | (c) A board of county commissioners may declare that a |
| 33 | county election shall be conducted entirely by mail ballot. The |
| 34 | board of county commissioners shall make that declaration no |
| 35 | later than 90 days before the date of the scheduled election. |
| 36 | (2) The following elections may not be conducted by mail |
| 37 | ballot: |
| 38 | (a) An election at which any candidate is nominated, |
| 39 | elected, retained, or recalled, except a county election |
| 40 | pursuant to paragraph (1)(c); or |
| 41 | (b) An election held on the same date as another election, |
| 42 | other than a mail ballot election, in which the qualified |
| 43 | electors of that political subdivision are eligible to cast |
| 44 | ballots. |
| 45 | (3) The supervisor of elections shall be responsible for |
| 46 | the conduct of any election held under ss. 101.6101-101.6107. |
| 47 | (4) The costs of a mail ballot election shall be borne by |
| 48 | the jurisdiction initiating the calling of the election, unless |
| 49 | otherwise provided by law. |
| 50 | (5) Nothing in this section shall be construed to prohibit |
| 51 | the use of a mail ballot election in a municipal annexation |
| 52 | referendum requiring separate vote of the registered electors of |
| 53 | the annexing municipality and of the area proposed to be |
| 54 | annexed. If a mail ballot election is authorized for a municipal |
| 55 | annexation referendum, the provisions of ss. 101.6101-101.6107 |
| 56 | shall control over any conflicting provisions of s. 171.0413. |
| 57 | Section 2. This act shall take effect July 1, 2007. |