HB 339

1	A bill to be entitled
2	An act relating to elections; amending s. 97.052, F.S.;
3	requiring that the federal write-in absentee ballot be
4	accepted as an application for voter registration when it
5	contains information required by the constitution and laws
6	of the state; amending s. 101.6103, F.S.; requiring the
7	counting of absentee ballots cast by overseas voters in a
8	mail ballot election if received within 10 days after the
9	election and legal; amending s. 101.65, F.S.; revising the
10	printed instructions which accompany an absentee ballot;
11	amending s. 101.67, F.S.; conforming provisions relating
12	to when an absentee ballot must be received to be counted;
13	amending s. 101.6923, F.S.; revising the printed
14	instructions which accompany special absentee ballots for
15	certain first-time voters; amending s. 101.6925, F.S.;
16	requiring the counting of a special absentee ballot cast
17	by an overseas voter if received within 10 days after an
18	election and legal; amending s. 101.694, F.S.; providing
19	for the processing or mailing of an absentee ballot upon
20	receipt of a federal write-in absentee ballot; amending s.
21	101.6952, F.S.; permitting the use of the federal write-in
22	absentee ballot by overseas voters in any federal, state,
23	or local election; creating s. 101.6956, F.S.; requiring
24	the counting of absentee ballots cast by overseas voters
25	if received within 10 days after an election and legal;
26	amending s. 102.112, F.S.; revising the deadline for
27	submission of county returns for a primary election to the
28	Department of State; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Subsection (5) of section 97.052, Florida
33	Statutes, is amended to read:
34	97.052  Uniform statewide voter registration application.--
35	(5)  The voter registration application form prescribed by
36	the Election Assistance Commission pursuant to federal law, or
37	the federal postcard application, or the federal write-in
38	absentee ballot must be accepted as an application for
39	registration in this state if the completed application, federal
40	or postcard application, or federal write-in absentee ballot
41	contains the information required by the constitution and laws
42	of this state.
43	Section 2.  Subsection (7) of section 101.6103, Florida
44	Statutes, is amended to read:
45	101.6103  Mail ballot election procedure.--
46	(7)  With respect to absent electors overseas entitled to
47	vote in the election, the supervisor of elections shall mail an
48	official ballot with a secrecy envelope, a return mailing
49	envelope, and instructions sufficient to describe the voting
50	process to each such elector on a date sufficient to allow such
51	elector time to vote in the election and to have his or her
52	marked ballot reach the supervisor by 7 p.m. on the day of the
53	election. However, a ballot cast by an overseas voter shall be
54	counted if the ballot is received within 10 days after the date
55	of the election, is postmarked or signed and dated no later than
56	the date of the election, and is legal.
57	Section 3.  Section 101.65, Florida Statutes, is amended to
58	read:
59	101.65  Instructions to absent electors.--The supervisor
60	shall enclose with each absentee ballot separate printed
61	instructions in substantially the following form:
62
63	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
64	1.  VERY IMPORTANT. In order to ensure that your absentee
65	ballot will be counted, it should be completed and returned as
66	soon as possible so that it can reach the supervisor of
67	elections of the county in which your precinct is located no
68	later than 7 p.m. on the day of the election.
69	2.  Mark your ballot in secret as instructed on the ballot.
70	You must mark your own ballot unless you are unable to do so
71	because of blindness, disability, or inability to read or write.
72	3.  Mark only the number of candidates or issue choices for
73	a race as indicated on the ballot. If you are allowed to "Vote
74	for One" candidate and you vote for more than one candidate,
75	your vote in that race will not be counted.
76	4.  Place your marked ballot in the enclosed secrecy
77	envelope.
78	5.  Insert the secrecy envelope into the enclosed mailing
79	envelope which is addressed to the supervisor.
80	6.  Seal the mailing envelope and completely fill out the
81	Voter's Certificate on the back of the mailing envelope.
82	7.  VERY IMPORTANT. In order for your absentee ballot to be
83	counted, you must sign your name on the line above (Voter's
84	Signature).
85	8.  VERY IMPORTANT. If you are an overseas voter, you must
86	include the date you signed the Voter's Certificate on the line
87	above (Date) or your ballot may not be counted. An absentee
88	ballot cast by an overseas voter shall be counted if the ballot
89	is received within 10 days after the date of the election, is
90	postmarked or signed and dated no later than the date of the
91	election, and is legal.
92	9.  Mail, deliver, or have delivered the completed mailing
93	envelope. Be sure there is sufficient postage if mailed.
94	10.  FELONY NOTICE. It is a felony under Florida law to
95	accept any gift, payment, or gratuity in exchange for your vote
96	for a candidate. It is also a felony under Florida law to vote
97	in an election using a false identity or false address, or under
98	any other circumstances making your ballot false or fraudulent.
99	Section 4.  Section 101.67, Florida Statutes, is amended to
100	read:
101	101.67  Safekeeping of mailed ballots; deadline for
102	receiving absentee ballots.--
103	(1)  The supervisor of elections shall safely keep in his
104	or her office any envelopes received containing marked ballots
105	of absent electors, and he or she shall, before the canvassing
106	of the election returns, deliver the envelopes to the county
107	canvassing board along with his or her file or list kept
108	regarding such said ballots.
109	(2)  Except as otherwise provided in s. 101.6956, all
110	marked absent electors' ballots to be counted must be received
111	by the supervisor by 7 p.m. the day of the election. All ballots
112	received after the applicable deadline thereafter shall be
113	marked with the time and date of receipt and filed in the
114	supervisor's office.
115	Section 5.  Subsection (2) of section 101.6923, Florida
116	Statutes, is amended to read:
117	101.6923  Special absentee ballot instructions for certain
118	first-time voters.--
119	(2)  A voter covered by this section shall be provided with
120	printed instructions with his or her absentee ballot in
121	substantially the following form:
122
123	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
124	FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
125	TO COUNT.
126
127	1.  In order to ensure that your absentee ballot will be
128	counted, it should be completed and returned as soon as possible
129	so that it can reach the supervisor of elections of the county
130	in which your precinct is located no later than 7 p.m. on the
131	date of the election.
132	2.  Mark your ballot in secret as instructed on the ballot.
133	You must mark your own ballot unless you are unable to do so
134	because of blindness, disability, or inability to read or write.
135	3.  Mark only the number of candidates or issue choices for
136	a race as indicated on the ballot. If you are allowed to "Vote
137	for One" candidate and you vote for more than one, your vote in
138	that race will not be counted.
139	4.  Place your marked ballot in the enclosed secrecy
140	envelope and seal the envelope.
141	5.  Insert the secrecy envelope into the enclosed envelope
142	bearing the Voter's Certificate. Seal the envelope and
143	completely fill out the Voter's Certificate on the back of the
144	envelope.
145	a.  You must sign your name on the line above (Voter's
146	Signature).
147	b.  If you are an overseas voter, you must include the date
148	you signed the Voter's Certificate on the line above (Date) or
149	your ballot may not be counted. An absentee ballot cast by an
150	overseas voter shall be counted if the ballot is received within
151	10 days after the date of the election, is postmarked or signed
152	and dated no later than the date of the election, and is legal.
153	6.  Unless you meet one of the exemptions in Item 7., you
154	must make a copy of one of the following forms of
155	identification:
156	a.  Identification which must include your name and
157	photograph: United States passport; debit or credit card;
158	military identification; student identification; retirement
159	center identification; neighborhood association identification;
160	or public assistance identification; or
161	b.  Identification which shows your name and current
162	residence address: current utility bill, bank statement,
163	government check, paycheck, or government document (excluding
164	voter identification card).
165	7.  The identification requirements of Item 6. do not apply
166	if you meet one of the following requirements:
167	a.  You are 65 years of age or older.
168	b.  You have a temporary or permanent physical disability.
169	c.  You are a member of a uniformed service on active duty
170	who, by reason of such active duty, will be absent from the
171	county on election day.
172	d.  You are a member of the Merchant Marine who, by reason
173	of service in the Merchant Marine, will be absent from the
174	county on election day.
175	e.  You are the spouse or dependent of a member referred to
176	in paragraph c. or paragraph d. who, by reason of the active
177	duty or service of the member, will be absent from the county on
178	election day.
179	f.  You are currently residing outside the United States.
180	8.  Place the envelope bearing the Voter's Certificate into
181	the mailing envelope addressed to the supervisor. Insert a copy
182	of your identification in the mailing envelope. DO NOT PUT YOUR
183	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
184	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
185	BALLOT WILL NOT COUNT.
186	9.  Mail, deliver, or have delivered the completed mailing
187	envelope. Be sure there is sufficient postage if mailed.
188	10.  FELONY NOTICE. It is a felony under Florida law to
189	accept any gift, payment, or gratuity in exchange for your vote
190	for a candidate. It is also a felony under Florida law to vote
191	in an election using a false identity or false address, or under
192	any other circumstances making your ballot false or fraudulent.
193	Section 6.  Subsection (3) of section 101.6925, Florida
194	Statutes, is amended to read:
195	101.6925  Canvassing special absentee ballots.--
196	(3)  If the identification is not enclosed in the mailing
197	envelope and the voter has not indicated that he or she is
198	exempt from the identification requirements, the supervisor
199	shall check the voter registration records to determine if the
200	voter's identification was previously received or the voter had
201	previously notified the supervisor that he or she was exempt.
202	The envelope with the Voter's Certificate shall not be opened
203	unless the identification has been received or the voter has
204	indicated that he or she is exempt. The ballot shall be treated
205	as a provisional ballot until 7 p.m. on election day and shall
206	not be canvassed unless the supervisor has received the required
207	identification or written indication of exemption by 7 p.m. on
208	election day. However, an absentee ballot cast by an overseas
209	voter shall be counted if the ballot is received within 10 days
210	after the date of the election, is postmarked or signed and
211	dated no later than the date of the election, and is legal.
212	Section 7.  Section 101.694, Florida Statutes, is amended
213	to read:
214	101.694  Mailing or processing of absentee ballots upon
215	receipt of federal postcard application or federal write-in
216	absentee ballot.--
217	(1)  Upon receipt of a federal postcard application for an
218	absentee ballot executed by a person whose registration is in
219	order or whose application is sufficient to register or update
220	the registration of that person, the supervisor shall mail to
221	the applicant a ballot, if the ballots are available for
222	mailing. The federal postcard application request for an
223	absentee ballot shall be effective for all elections through the
224	next two regularly scheduled general elections.
225	(2)  Upon receipt of a federal write-in absentee ballot
226	executed by a person whose registration is in order or whose
227	information on the form is sufficient to register or update the
228	registration of that person, the supervisor shall consider the
229	ballot as an absentee ballot request and, if voted, process the
230	ballot pursuant to s. 101.67(1). If the federal write-in
231	absentee ballot received isn't voted, the supervisor shall mail
232	to the applicant an absentee ballot, if the ballots are
233	available for mailing.
234	(3)(2)  Upon receipt of a federal postcard application for
235	an absentee ballot or a federal write-in absentee ballot
236	executed by a person whose registration is not in order and
237	whose application is insufficient to register or update the
238	registration of that person, the supervisor shall follow the
239	procedure set forth in s. 97.073.
240	(4)(3)  Absentee envelopes printed for voters entitled to
241	vote absentee under the Uniformed and Overseas Citizens Absentee
242	Voting Act shall meet the specifications as determined by the
243	Federal Voting Assistance Program of the United States
244	Department of Defense and the United States Postal Service.
245	(5)(4)  Cognizance shall be taken of the fact that absentee
246	ballots and other materials such as instructions and envelopes
247	are to be carried via air mail, and, to the maximum extent
248	possible, such ballots and materials shall be reduced in size
249	and weight of paper. The same ballot shall be used, however, as
250	is used by other absentee voters.
251	Section 8.  Section 101.6952, Florida Statutes, is amended
252	to read:
253	101.6952  Absentee ballots for overseas voters.--
254	(1)  If an overseas voter's request for an absentee ballot
255	includes an e-mail address, the supervisor of elections shall
256	inform the voter of the names of candidates who will be on the
257	ballots via electronic transmission. The supervisor of elections
258	shall e-mail to the voter the list of candidates for the primary
259	and general election not later than 30 days before each
260	election.
261	(2)  A voter entitled to vote absentee under the Uniformed
262	and Overseas Citizens Absentee Voting Act may use the federal
263	write-in absentee ballot in any federal, state, or local
264	election for which the voter is entitled to vote.
265	(3)(2)  For absentee ballots received from overseas voters,
266	there is a presumption that the envelope was mailed on the date
267	stated on the outside of the return envelope, regardless of the
268	absence of a postmark on the mailed envelope or the existence of
269	a postmark date that is later than the date of the election.
270	Section 9.  Section 101.6956, Florida Statutes, is created
271	to read:
272	101.6956  Receipt and counting of absentee ballots of
273	overseas voters.--An absentee ballot cast by an overseas voter
274	which is postmarked or signed and dated no later than the date
275	of the applicable federal, state, or local election shall be
276	counted if received within 10 days after the date of the
277	election and legal.
278	Section 10.  Subsection (2) of section 102.112, Florida
279	Statutes, is amended to read:
280	102.112  Deadline for submission of county returns to the
281	Department of State.--
282	(2)  Returns must be filed by 5 p.m. on the 11th 7th day
283	following a primary election and by noon on the 12th day
284	following the general election. However, the Department of State
285	may correct typographical errors, including the transposition of
286	numbers, in any returns submitted to the Department of State
287	pursuant to s. 102.111(1).
288	Section 11.  This act shall take effect July 1, 2010.

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