| 1 | A bill to be entitled | 
| 2 | An act relating to elections; amending s. 101.6102, F.S.; | 
| 3 | revising limitations of mail ballot elections; authorizing | 
| 4 | a board of county commissioners to choose to have certain | 
| 5 | elections by mail, subject to specified prior notice; | 
| 6 | amending s. 101.6103, F.S.; requiring certain electors | 
| 7 | using mail ballots to pay postage; requiring the Secretary | 
| 8 | of State to establish rules relating to mail ballot | 
| 9 | deposit sites; prohibiting unofficial deposit sites or | 
| 10 | ballot-collection services; providing for penalties; | 
| 11 | amending s. 101.62, F.S.; providing for a permanent | 
| 12 | absentee voter status; providing requirements for | 
| 13 | supervisors of elections relating to permanent absentee | 
| 14 | voters; providing an effective date. | 
| 15 | 
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| 16 | Be It Enacted by the Legislature of the State of Florida: | 
| 17 | 
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| 18 | Section 1.  Section 101.6102, Florida Statutes, is amended | 
| 19 | to read: | 
| 20 | 101.6102  Mail ballot elections; limitations.-- | 
| 21 | (1)(a)  An election may be conducted by mail ballot if: | 
| 22 | 1.  The election is a referendum election at which all or a | 
| 23 | portion of the qualified electors of one of the following | 
| 24 | subdivisions of government are the only electors eligible to | 
| 25 | vote: | 
| 26 | a.  Counties; | 
| 27 | b.  Municipalities Cities; | 
| 28 | c.  School districts covering no more than one county; or | 
| 29 | d.  Special districts; | 
| 30 | 2.  The governing body responsible for calling the election | 
| 31 | and the supervisor of elections responsible for the conduct of | 
| 32 | the election authorize the use of mail ballots for the election; | 
| 33 | and | 
| 34 | 3.  The Secretary of State approves a written plan for the | 
| 35 | conduct of the election, which shall include a written timetable | 
| 36 | for the conduct of the election, submitted by the supervisor of | 
| 37 | elections. | 
| 38 | (b) In addition,An annexation referendum which includes | 
| 39 | only qualified electors of one county may also be voted on by | 
| 40 | mail ballot election. | 
| 41 | (2)  The following elections may not be conducted by mail | 
| 42 | ballot: | 
| 43 | (a)  An election at which any candidate is nominated, | 
| 44 | elected, retained, or recalled; or | 
| 45 | (b)  An election held on the same date as another election, | 
| 46 | other than a mail ballot election, in which the qualified | 
| 47 | electors of that political subdivision are eligible to cast | 
| 48 | ballots. | 
| 49 | (3)  Notwithstanding subsections (1) and (2), a board of | 
| 50 | county commissioners may choose to conduct any election in that | 
| 51 | county, whether countywide, statewide, or federal, by mail | 
| 52 | ballot but must make that declaration no later than 120 days | 
| 53 | before the date of the scheduled election. | 
| 54 | (4) (3)The supervisor of elections shall be responsible | 
| 55 | for the conduct of any election held under ss. 101.6101- | 
| 56 | 101.6107. | 
| 57 | (5) (4)The costs of a mail ballot election shall be borne | 
| 58 | by the jurisdiction initiating the calling of the election, | 
| 59 | unless otherwise provided by law. | 
| 60 | (6) (5)Nothing in this section shall be construed to | 
| 61 | prohibit the use of a mail ballot election in a municipal | 
| 62 | annexation referendum requiring separate vote of the registered | 
| 63 | electors of the annexing municipality and of the area proposed | 
| 64 | to be annexed. If a mail ballot election is authorized for a | 
| 65 | municipal annexation referendum, the provisions of ss. 101.6101- | 
| 66 | 101.6107 shall control over any conflicting provisions of s. | 
| 67 | 171.0413. | 
| 68 | Section 2.  Subsections (9), (10), and (11) are added to | 
| 69 | section 101.6103, Florida Statutes, to read: | 
| 70 | 101.6103  Mail ballot election procedure.-- | 
| 71 | (9)  The supervisor of elections shall keep a record of all | 
| 72 | ballots mailed and all ballots returned. | 
| 73 | (10)  The elector shall pay postage if he or she chooses to | 
| 74 | return the ballot by mail. | 
| 75 | (11)(a)  The Secretary of State by rule shall establish | 
| 76 | requirements and criteria for the designation of places of | 
| 77 | deposit for the ballots cast in the election. The rules shall | 
| 78 | also specify the dates and times the places of deposit must be | 
| 79 | open and the security requirements for the places of deposit. At | 
| 80 | a minimum, the places designated under this paragraph shall be | 
| 81 | open on the date of the election for a period of at least 8 | 
| 82 | hours, but must be open until at least 7 p.m. At each place of | 
| 83 | deposit designated under this paragraph, the county clerk shall | 
| 84 | prominently display a sign stating that the location is an | 
| 85 | official ballot drop site. | 
| 86 | (b)  Persons and organizations are prohibited from hosting | 
| 87 | unofficial deposit sites or ballot-collection services and are | 
| 88 | subject to the same penalties as voter fraud. | 
| 89 | Section 3.  Paragraph (a) of subsection (1) of section | 
| 90 | 101.62, Florida Statutes, is amended to read: | 
| 91 | 101.62  Request for absentee ballots.-- | 
| 92 | (1)(a)  The supervisor may accept a request for an absentee | 
| 93 | ballot from an elector in person or in writing. | 
| 94 | 1.  Except as provided in s. 101.694, one request shall be | 
| 95 | deemed sufficient to receive an absentee ballot for all | 
| 96 | elections through the next two regularly scheduled general | 
| 97 | elections, unless the elector or the elector's designee | 
| 98 | indicates at the time the request is made the elections for | 
| 99 | which the elector desires to receive an absentee ballot. Such | 
| 100 | request may be considered canceled when any first-class mail | 
| 101 | sent by the supervisor to the elector is returned as | 
| 102 | undeliverable. | 
| 103 | 2.  Except as provided in s. 101.694, upon receipt of a | 
| 104 | request for a permanent absentee voter status by an elector, the | 
| 105 | supervisor shall place the elector's name on a permanent | 
| 106 | absentee voter list and mail an absentee ballot to the elector | 
| 107 | for every election thereafter until the elector requests to be | 
| 108 | removed from the permanent absentee voter list or the supervisor | 
| 109 | removes the elector from the list because the elector has not | 
| 110 | voted in two consecutive general elections or because any first- | 
| 111 | class mail sent by the supervisor to the elector is returned as | 
| 112 | undeliverable. An elector may request a permanent absentee voter | 
| 113 | status using the same procedures used to register for absentee | 
| 114 | ballots. | 
| 115 | Section 4.  This act shall take effect July 1, 2008. |