Florida Senate - 2009                                    SB 1378
       
       
       
       By Senator Hill
       
       
       
       
       1-00892-09                                            20091378__
    1                        A bill to be entitled                      
    2         An act relating to absentee ballots; amending s.
    3         101.68, F.S.; requiring the supervisor of elections to
    4         notify an absent elector if the voter's certificate on
    5         a mailed absentee ballot has not been signed;
    6         providing conditions under which the elector may sign
    7         the certificate and have the ballot counted; requiring
    8         the supervisor of elections to make available to
    9         certain persons or political parties a list of names
   10         of absent electors being notified that their
   11         signatures were omitted on the voter's certificate;
   12         providing an exception; providing an effective date.
   13         
   14  Be It Enacted by the Legislature of the State of Florida:
   15         
   16         Section 1. Subsections (1) and (2) of section 101.68,
   17  Florida Statutes, are amended to read:
   18         101.68 Canvassing of absentee ballot.—
   19         (1)(a) The supervisor of the county where the absent
   20  elector resides shall receive the voted ballot, at which time
   21  the supervisor shall compare the signature of the elector on the
   22  voter's certificate with the signature of the elector in the
   23  registration books to determine whether the elector is duly
   24  registered in the county and may record on the elector's
   25  registration certificate that the elector has voted. However,
   26  effective July 1, 2005, an elector who dies after casting an
   27  absentee ballot but on or before election day shall remain
   28  listed in the registration books until the results have been
   29  certified for the election in which the ballot was cast. The
   30  supervisor shall safely keep the ballot unopened in his or her
   31  office until the county canvassing board canvasses the vote.
   32  After an absentee ballot is received by the supervisor, the
   33  ballot is deemed to have been cast, and changes or additions may
   34  not be made to the voter's certificate.
   35         (b)If an absentee ballot is received by the supervisor and
   36  the voter's certificate has not been signed, the supervisor
   37  shall notify the elector of the omission, if the identity of the
   38  elector can be ascertained from the mailing envelope. To
   39  complete the voter's certificate, the elector must:
   40         1.Personally appear at the supervisor's main office by 7
   41  p.m. on the day of the election and, upon providing proper
   42  identification as described in s. 101.043, sign the voter's
   43  certificate; or
   44         2.Personally appear at the first meeting of the county
   45  canvassing board convened after 7 p.m. on the day of the
   46  election and, upon providing proper identification as described
   47  in s. 101.043, sign the voter's certificate.
   48         (c)The ballot shall not be considered illegal due to an
   49  unsigned voter's certificate if the certificate is signed in
   50  accordance with the provisions of subparagraph (b)1. or
   51  subparagraph (b)2.
   52         (d)Except as otherwise provided in s. 741.465, the
   53  supervisor of elections shall make available to a political
   54  party or official thereof or a candidate who has filed
   55  qualifying papers and is opposed in an upcoming election a list
   56  of names of absent electors who are being notified that their
   57  signatures were omitted on the voter's certificate.
   58         (2)(a) The county canvassing board may begin the canvassing
   59  of absentee ballots at 7 a.m. on the sixth day before the
   60  election, but not later than noon on the day following the
   61  election. In addition, for any county using electronic
   62  tabulating equipment, the processing of absentee ballots through
   63  such tabulating equipment may begin at 7 a.m. on the sixth day
   64  before the election. However, notwithstanding any such
   65  authorization to begin canvassing or otherwise processing
   66  absentee ballots early, no result shall be released until after
   67  the closing of the polls in that county on election day. Any
   68  supervisor of elections, deputy supervisor of elections,
   69  canvassing board member, election board member, or election
   70  employee who releases the results of a canvassing or processing
   71  of absentee ballots prior to the closing of the polls in that
   72  county on election day commits a felony of the third degree,
   73  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   74         (b) To ensure that all absentee ballots to be counted by
   75  the canvassing board are accounted for, the canvassing board
   76  shall compare the number of ballots in its possession with the
   77  number of requests for ballots received to be counted according
   78  to the supervisor's file or list.
   79         (c)1. The canvassing board shall, if the supervisor has not
   80  already done so, compare the signature of the elector on the
   81  voter's certificate with the signature of the elector in the
   82  registration books to see that the elector is duly registered in
   83  the county and to determine the legality of that absentee
   84  ballot. The ballot of an elector who casts an absentee ballot
   85  shall be counted even if the elector dies on or before election
   86  day, as long as, prior to the death of the voter, the ballot was
   87  postmarked by the United States Postal Service, date-stamped
   88  with a verifiable tracking number by common carrier, or already
   89  in the possession of the supervisor of elections. An absentee
   90  ballot shall be considered illegal if it does not include the
   91  signature of the elector, as shown by the registration records,
   92  or if the signature of the elector is not timely added in
   93  compliance with subparagraph (1)(b)1. or subparagraph (1)(b)2.
   94  However, An absentee ballot shall not be considered illegal if
   95  the signature of the elector does not cross the seal of the
   96  mailing envelope. If the canvassing board determines that any
   97  ballot is illegal, a member of the board shall, without opening
   98  the envelope, mark across the face of the envelope: “rejected as
   99  illegal.” The envelope and the ballot contained therein shall be
  100  preserved in the manner that official ballots voted are
  101  preserved.
  102         2. If any elector or candidate present believes that an
  103  absentee ballot is illegal due to a defect apparent on the
  104  voter's certificate, he or she may, at any time before the
  105  ballot is removed from the envelope, file with the canvassing
  106  board a protest against the canvass of that ballot, specifying
  107  the precinct, the ballot, and the reason he or she believes the
  108  ballot to be illegal. A challenge based upon a defect in the
  109  voter's certificate may not be accepted after the ballot has
  110  been removed from the mailing envelope.
  111         (d) The canvassing board shall record the ballot upon the
  112  proper record, unless the ballot has been previously recorded by
  113  the supervisor. The mailing envelopes shall be opened and the
  114  secrecy envelopes shall be mixed so as to make it impossible to
  115  determine which secrecy envelope came out of which signed
  116  mailing envelope; however, in any county in which an electronic
  117  or electromechanical voting system is used, the ballots may be
  118  sorted by ballot styles and the mailing envelopes may be opened
  119  and the secrecy envelopes mixed separately for each ballot
  120  style. The votes on absentee ballots shall be included in the
  121  total vote of the county.
  122         Section 2. This act shall take effect July 1, 2009.