Florida Senate - 2011              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 378
       
       
       
       
       
                                Barcode 501412                          
       
       EE.EE.02101                                                     
       Proposed Committee Substitute by the Committee on Rules
       Subcommittee on Ethics and Elections
    1                        A bill to be entitled                      
    2         An act relating to the federal write-in absentee
    3         ballot; amending s. 101.6952, F.S.; authorizing absent
    4         uniformed services voters and overseas voters to use
    5         the federal write-in absentee ballot to vote in any
    6         federal and certain state or local elections, under
    7         certain circumstances; prescribing requirements for
    8         designating candidate choices; providing for the
    9         disposition of valid votes involving joint
   10         candidacies; allowing for abbreviations, misspellings,
   11         and other minor variations in the name of an office,
   12         candidate, or political party; authorizing the
   13         submission of multiple ballots under certain
   14         circumstances; detailing circumstances under which
   15         votes in federal, state, and local races on the
   16         federal write-in absentee ballot will be canvassed;
   17         amending s. 101.5614, F.S.; establishing certain
   18         canvassing procedures for federal write-in absentee
   19         ballots; amending s. 102.166, F.S.; directing the
   20         Department of State to adopt rules to determine what
   21         constitutes a valid vote on a federal write-in
   22         absentee ballot; providing restrictions; providing
   23         minimum requirements; amending s. 104.18, F.S., to
   24         conform; re-adopting subsection (5) of s. 102.166,
   25         F.S., to incorporate a cross-reference; providing an
   26         effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 101.6952, Florida Statutes, is amended
   31  to read:
   32         101.6952 Absentee ballots for absent uniformed services and
   33  overseas voters.—
   34         (1) If an absent uniformed services voter’s or an overseas
   35  voter’s request for an official absentee ballot pursuant to s.
   36  101.62 includes an e-mail address, the supervisor of elections
   37  shall:
   38         (a) Record the voter’s e-mail address in the absentee
   39  ballot record;
   40         (b) Confirm by e-mail that the absentee ballot request was
   41  received and include in that e-mail the estimated date the
   42  absentee ballot will be sent to the voter; and
   43         (c) Notify the voter by e-mail when the voted absentee
   44  ballot is received by the supervisor of elections.
   45         (2)(a) An absent uniformed services voter or an overseas
   46  voter who makes timely application for but does not receive an
   47  official absentee ballot may use the federal write-in absentee
   48  ballot to vote in any federal election and any state or local
   49  election involving two or more candidates.
   50         (b)1.In an election for federal office, an elector may
   51  designate a candidate by writing in the name of a candidate.
   52  Except for a primary or special primary election, the elector
   53  may alternatively designate a candidate by writing in the name
   54  of a political party. A written designation of the political
   55  party shall be counted as a vote for the candidate of that
   56  party, if there is such a party candidate in the race.
   57         2.In an election for a state or local office, an elector
   58  may vote in the section of the federal write-in absentee ballot
   59  designated for nonfederal races by writing in the title of each
   60  office and by writing in the name of the candidate for whom the
   61  elector is voting. Except for a primary, special primary, or
   62  nonpartisan election, the elector may alternatively designate a
   63  candidate by writing in the name of a political party. A written
   64  designation of the political party shall be counted as a vote
   65  for the candidate of that party, if there is such a party
   66  candidate in the race.
   67         (c) In the case of a joint candidacy, such as for the
   68  offices of President/Vice President or Governor/Lieutenant
   69  Governor, a valid vote for one or both qualified candidates on
   70  the same ticket shall constitute a vote for the joint candidacy.
   71         (d) For purposes of this subsection and except where the
   72  context clearly indicates otherwise, such as where a candidate
   73  in the election is affiliated with a political party whose name
   74  includes the word "Independent," "Independence," or similar
   75  term, a voter designation of "No Party Affiliation" or
   76  "Independent," or any minor variation, misspelling, or
   77  abbreviation thereof, shall be considered a designation for the
   78  candidate, other than a write-in candidate, who qualified to run
   79  in the race with no party affiliation. If more than one
   80  candidate has qualified to run as a no party affiliation
   81  candidate, the designation shall not count for any candidate
   82  unless there is a valid, additional designation of the
   83  candidate's name.
   84         (e) Any abbreviation, misspelling, or other minor variation
   85  in the form of the name of an office, the name of a candidate,
   86  or the name of a political party must be disregarded in
   87  determining the validity of the ballot.
   88         (3)(a)An absent uniformed services voter or an overseas
   89  voter who submits a federal write-in absentee ballot and later
   90  receives an official absentee ballot may submit the official
   91  absentee ballot. An elector who submits a federal write-in
   92  absentee ballot and later receives and submits an official
   93  absentee ballot should make every reasonable effort to inform
   94  the appropriate supervisor of elections that the elector has
   95  submitted more than one ballot.
   96         (b)A federal write-in absentee ballot may not be canvassed
   97  until 7:00 p.m. on the day of the election. Each federal write
   98  in absentee ballot received by 7:00 p.m. on the day of the
   99  election will be canvassed pursuant to s. 101.5614(5) and s.
  100  101.68, unless the elector's official absentee ballot is
  101  received by 7:00 p.m. on election day. If the elector's official
  102  absentee ballot is received by 7:00 p.m. on election day, the
  103  federal write-in absentee ballot shall be invalid and the
  104  official absentee ballot shall be canvassed. The time shall be
  105  regulated by the customary time in standard use in the county
  106  seat of the locality.
  107         (4)(2) For absentee ballots received from absent uniformed
  108  services voters or overseas voters, there is a presumption that
  109  the envelope was mailed on the date stated on the outside of the
  110  return envelope, regardless of the absence of a postmark on the
  111  mailed envelope or the existence of a postmark date that is
  112  later than the date of the election.
  113         Section 2. Subsection (5) of section 101.5614, Florida
  114  Statutes, is amended to read:
  115         101.5614 Canvass of returns.—
  116         (5)(a) If any absentee ballot is physically damaged so that
  117  it cannot properly be counted by the automatic tabulating
  118  equipment, a true duplicate copy shall be made of the damaged
  119  ballot in the presence of witnesses and substituted for the
  120  damaged ballot. Likewise, a duplicate ballot shall be made of an
  121  absentee ballot containing an overvoted race or a marked
  122  absentee ballot in which every race is undervoted which shall
  123  include all valid votes as determined by the canvassing board
  124  based on rules adopted by the division pursuant to s.
  125  102.166(4). All duplicate ballots shall be clearly labeled
  126  “duplicate,” bear a serial number which shall be recorded on the
  127  defective ballot, and be counted in lieu of the defective
  128  ballot. After a ballot has been duplicated, the defective ballot
  129  shall be placed in an envelope provided for that purpose, and
  130  the duplicate ballot shall be tallied with the other ballots for
  131  that precinct.
  132         (b)A true duplicate copy shall be made of each federal
  133  write-in absentee ballot in the presence of witnesses and
  134  substituted for the federal write-in absentee ballot. The
  135  duplicate ballot must include all valid votes as determined by
  136  the canvassing board based on rules adopted by the division
  137  pursuant to s. 102.166(4). All duplicate ballots shall be
  138  clearly labeled "duplicate," bear a serial number which shall be
  139  recorded on the federal write-in absentee ballot, and be counted
  140  in lieu of the federal write-in absentee ballot. After a ballot
  141  has been duplicated, the federal write-in absentee ballot shall
  142  be placed in an envelope provided for that purpose, and the
  143  duplicate ballot shall be tallied with other ballots for that
  144  precinct.
  145         Section 3. Subsection (4) of section 102.166, Florida
  146  Statutes, is amended to read:
  147         102.166 Manual recounts of overvotes and undervotes.—
  148         (4)(a) A vote for a candidate or ballot measure shall be
  149  counted if there is a clear indication on the ballot that the
  150  voter has made a definite choice.
  151         (b) The Department of State shall adopt specific rules for
  152  the federal write-in absentee ballot and for each certified
  153  voting system prescribing what constitutes a “clear indication
  154  on the ballot that the voter has made a definite choice.” The
  155  rules shall be consistent, to the extent practicable, and may
  156  not:
  157         1. Exclusively provide that the voter must properly mark or
  158  designate his or her choice on the ballot; or
  159         2. Contain a catch-all provision that fails to identify
  160  specific standards, such as “any other mark or indication
  161  clearly indicating that the voter has made a definite choice.”
  162         (c) The rule for the federal write-in absentee ballot must
  163  address, at a minimum, the following issues:
  164         1. The appropriate lines or spaces for designating a
  165  candidate choice and, for state and local races, the office to
  166  be voted, including the proximity of each to the other and the
  167  effect of intervening blank lines.
  168         2. The sufficiency of designating a candidate's first or
  169  last name when no other candidate in the race has the same or a
  170  similar name.
  171         3. The sufficiency of designating a candidate's first or
  172  last name when an opposing candidate has the same or a similar
  173  name, notwithstanding generational suffixes and titles such as
  174  "Jr.," "Sr.," or "III." The rule should contemplate the
  175  sufficiency of additional first names and first initials, middle
  176  names and middle initials, generational suffixes and titles,
  177  nicknames, and, in general elections, the name or abbreviation
  178  of a political party.
  179         4. Candidate designations containing both a qualified
  180  candidate's name and a political party, including where the
  181  party designated is the candidate's party, is not the
  182  candidate's party, has an opposing candidate in the race, or
  183  does not have an opposing candidate in the race.
  184         5. Situations where the abbreviation or name of a candidate
  185  is the same as the abbreviation or name of a political party to
  186  which the candidate does not belong, including where the party
  187  designated has another candidate in the race or does not have a
  188  candidate in the race.
  189         6. The use of marks, symbols, or language, such as arrows,
  190  quotation marks, or the word "same" or "ditto," to indicate that
  191  the same political party designation applies to all listed
  192  offices.
  193         7. Situations where an elector designates the name of a
  194  qualified candidate for an incorrect office.
  195         8. Situations where an elector designates an otherwise
  196  correct office name that includes an incorrect district number.
  197         Section 4. Section 104.18, Florida Statutes, is amended to
  198  read:
  199         104.18 Casting more than one ballot at any election.—Except
  200  as provided in s. 101.6952, whoever willfully votes more than
  201  one ballot at any election commits is guilty of a felony of the
  202  third degree, punishable as provided in s. 775.082, s. 775.083,
  203  or s. 775.084.
  204         Section 5. Subsection (5) of section 102.166, Florida
  205  Statutes, is reenacted to read:
  206         102.166 Manual recounts of overvotes and undervotes.—
  207         (5) Procedures for a manual recount are as follows:
  208         (a) The county canvassing board shall appoint as many
  209  counting teams of at least two electors as is necessary to
  210  manually recount the ballots. A counting team must have, when
  211  possible, members of at least two political parties. A candidate
  212  involved in the race shall not be a member of the counting team.
  213         (b) Each duplicate ballot prepared pursuant to s.
  214  101.5614(5) or s. 102.141(7) shall be compared with the original
  215  ballot to ensure the correctness of the duplicate.
  216         (c) If a counting team is unable to determine whether the
  217  ballot contains a clear indication that the voter has made a
  218  definite choice, the ballot shall be presented to the county
  219  canvassing board for a determination.
  220         (d) The Department of State shall adopt detailed rules
  221  prescribing additional recount procedures for each certified
  222  voting system which shall be uniform to the extent practicable.
  223  The rules shall address, at a minimum, the following areas:
  224         1. Security of ballots during the recount process;
  225         2. Time and place of recounts;
  226         3. Public observance of recounts;
  227         4. Objections to ballot determinations;
  228         5. Record of recount proceedings; and
  229         6. Procedures relating to candidate and petitioner
  230  representatives.
  231         Section 6. This act shall take effect July 1, 2011.