Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for HB 7013
Barcode 362928
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/3R . Floor: SENA1/CA
04/24/2013 07:30 PM . 05/03/2013 02:16 PM
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Senator Latvala moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (17) is added to section 97.012,
6 Florida Statutes, to read:
7 97.012 Secretary of State as chief election officer.—The
8 Secretary of State is the chief election officer of the state,
9 and it is his or her responsibility to:
10 (17) When warranted, place a supervisor of elections in
11 noncompliant status pursuant to s. 98.025.
12 Section 2. Section 97.0555, Florida Statutes, is amended to
13 read:
14 97.0555 Late registration.—An individual or accompanying
15 family member who has been discharged or separated from the
16 uniformed services or the United States Merchant Marine, has
17 returned from a combat zone or forward-deployed area, or has
18 separated from employment outside the territorial limits of the
19 United States, after the book-closing date for an election
20 pursuant to s. 97.055 and who is otherwise qualified may
21 register to vote in such election until 5 p.m. on the Friday
22 before that election in the office of the supervisor of
23 elections. Such persons must produce sufficient documentation
24 showing evidence of qualifying for late registration pursuant to
25 this section.
26 Section 3. Section 98.025, Florida Statutes, is created to
27 read:
28 98.025 Supervisors of elections; noncompliant status.—
29 (1) The Secretary of State may place a supervisor of
30 elections in noncompliant status whenever that supervisor does
31 not perform one or more of the following:
32 (a) Timely file any report required by the Florida Election
33 Code.
34 (b) Ensure that ballots are distributed, collected,
35 counted, and reported in accordance with applicable law.
36 (c) Safeguard and account for voted ballots.
37 (d) Follow any statute that imposes a duty or
38 responsibility on a supervisor of elections.
39 (e) Follow rules adopted by the Department of State
40 concerning the implementation of any provision of the Florida
41 Election Code.
42 (2) The Secretary of State shall submit the written
43 decision to place or remove a supervisor of elections in
44 noncompliant status to the affected supervisor and provide a
45 copy of the decision to the Governor and the chair of the board
46 of county commissioners in the supervisor’s county.
47 (3) While a supervisor of elections is in noncompliant
48 status, the supervisor is not entitled to receive the special
49 qualification salary available pursuant to s. 145.09. When
50 removed from noncompliant status, if otherwise eligible to
51 receive the special qualification salary, the supervisor is
52 entitled to a pro rata share of the special qualification salary
53 based on the remaining period of the year.
54 (4) The Secretary of State may remove a supervisor from
55 noncompliant status after 1 year of being placed in such status,
56 provided that:
57 (a) The supervisor has complied with any of the duties
58 identified in subsection (1) while in a noncompliant status;
59 (b) The supervisor has completed during each year while in
60 noncompliant status a course of continuing education pursuant to
61 s. 145.09 as prescribed by the Division of Elections; and
62 (c) The supervisor has taken and received while in
63 noncompliant status a grade of 90 percent or greater on a
64 uniform statewide open-book examination testing the supervisor’s
65 knowledge of the Florida Election Code. The Florida State
66 Association of Supervisors of Elections shall annually develop
67 the examination, but the examination shall be approved and
68 administered by the Division of Elections.
69 (5) If a supervisor has been in noncompliant status for 3
70 consecutive years, the Secretary of State shall provide written
71 notice of such event to the Governor for consideration of
72 exercising the Governor’s authority to suspend the supervisor
73 pursuant to s. 7, Art. IV of the State Constitution.
74 (6) The decision of the Secretary of State to place a
75 supervisor of elections in noncompliant status or remove a
76 supervisor of elections from noncompliant status is exempt from
77 the provisions of chapter 120.
78 (7) This section is in addition to, and not exclusive of,
79 the authority of the Governor to suspend and remove a supervisor
80 of elections pursuant to s. 7, Art. IV of the State
81 Constitution.
82 Section 4. Section 100.032, Florida Statutes, is created to
83 read:
84 100.032 Election preparation report; general election.—Each
85 supervisor of elections must submit a report to the board of
86 county commissioners of the county in which he or she serves at
87 least 3 months before a general election which outlines
88 preparations for the upcoming general election. The report must
89 include, at a minimum, the following elements: the anticipated
90 staffing levels during the early voting period, on election day
91 and after election day; and the anticipated amount of automatic
92 tabulating equipment at each early voting site and polling
93 place. Each supervisor of elections shall also post such report
94 on the supervisor of elections’ official website.
95 Section 5. Section 100.061, Florida Statutes, is amended to
96 read:
97 100.061 Primary election.—In each year in which a general
98 election is held, a primary election for nomination of
99 candidates of political parties shall be held on the Tuesday 10
100 12 weeks prior to the general election. The candidate receiving
101 the highest number of votes cast in each contest in the primary
102 election shall be declared nominated for such office. If two or
103 more candidates receive an equal and highest number of votes for
104 the same office, such candidates shall draw lots to determine
105 which candidate is nominated.
106 Section 6. Paragraphs (a) and (b) of subsection (2) of
107 section 101.045, Florida Statutes, are amended to read:
108 101.045 Electors must be registered in precinct; provisions
109 for change of residence or name.—
110 (2)(a) An elector who moves from the precinct in which the
111 elector is registered may be permitted to vote in the precinct
112 to which he or she has moved his or her legal residence, if the
113 change of residence is within the same county or the precinct to
114 which the elector has moved his or her legal residence is within
115 a county that uses an electronic database as a precinct register
116 at the polling place, and the elector completes an affirmation
117 in substantially the following form:
118
119 Change of Legal Residence of Registered
120 Voter
121
122 Under penalties for false swearing, I, ...(Name of voter)...,
123 swear (or affirm) that the former address of my legal residence
124 was ...(Address of legal residence)... in the municipality of
125 ...., in .... County, Florida, and I was registered to vote in
126 the .... precinct of .... County, Florida; that I have not voted
127 in the precinct of my former registration in this election; that
128 I now reside at ...(Address of legal residence)... in the
129 Municipality of ...., in .... County, Florida, and am therefore
130 eligible to vote in the .... precinct of .... County, Florida;
131 and I further swear (or affirm) that I am otherwise legally
132 registered and entitled to vote.
133
134 ...(Signature of voter whose address of legal residence has
135 changed)...
136
137 (b) Except for an active uniformed services voter or a
138 member of his or her family and except for an elector who has
139 moved his or her legal residence to a precinct within a county
140 that uses an electronic database as a precinct register at the
141 polling place, an elector whose change of address is from
142 outside the county may not change his or her legal residence at
143 the polling place and must vote a provisional regular ballot;
144 however, such elector is entitled to vote a provisional ballot.
145 Section 7. Present subsection (8) of section 101.151,
146 Florida Statutes, is renumbered as subsection (9), and a new
147 subsection (8) is added to that section, to read:
148 101.151 Specifications for ballots.—
149 (8) In counties subject to multi-language ballot
150 requirements, the supervisor may petition the United States
151 Department of Justice for authorization for the supervisor to
152 print and deliver single-language ballots for each minority
153 language required.
154 Section 8. Subsection (3) of section 101.161, Florida
155 Statutes, is amended to read:
156 101.161 Referenda; ballots.—
157 (3)(a) Each joint resolution that proposes a constitutional
158 amendment or revision shall include one or more ballot
159 statements set forth in order of priority. Each ballot statement
160 shall consist of a ballot title, by which the measure is
161 commonly referred to or spoken of, not exceeding 15 words in
162 length, and either a ballot summary that describes the chief
163 purpose of the amendment or revision in clear and unambiguous
164 language, or the full text of the amendment or revision. If a
165 joint resolution that proposes a constitutional amendment or
166 revision contains only one ballot statement, the ballot summary
167 may not exceed 75 words in length. If a joint resolution that
168 proposes a constitutional amendment or revision contains more
169 than one ballot statement, the first ballot summary, in order of
170 priority, may not exceed 75 words in length.
171 (b) The Department of State shall furnish a designating
172 number pursuant to subsection (2) and the appropriate ballot
173 statement to the supervisor of elections of each county. The
174 ballot statement shall be printed on the ballot after the list
175 of candidates, followed by the word “yes” and also by the word
176 “no,” and shall be styled in such a manner that a “yes” vote
177 will indicate approval of the amendment or revision and a “no”
178 vote will indicate rejection.
179 (c)(b)1. Any action for a judicial determination that one
180 or more ballot statements embodied in a joint resolution are
181 defective must be commenced by filing a complaint or petition
182 with the appropriate court within 30 days after the joint
183 resolution is filed with the Secretary of State. The complaint
184 or petition shall assert all grounds for challenge to each
185 ballot statement. Any ground not asserted within 30 days after
186 the joint resolution is filed with the Secretary of State is
187 waived.
188 2. The court, including any appellate court, shall accord
189 an action described in subparagraph 1. priority over other
190 pending cases and render a decision as expeditiously as
191 possible. If the court finds that all ballot statements embodied
192 in a joint resolution are defective and further appeals are
193 declined, abandoned, or exhausted, unless otherwise provided in
194 the joint resolution, the Attorney General shall, within 10
195 days, prepare and submit to the Department of State a revised
196 ballot title or ballot summary that corrects the deficiencies
197 identified by the court, and the Department of State shall
198 furnish a designating number and the revised ballot title or
199 ballot summary to the supervisor of elections of each county for
200 placement on the ballot. The revised ballot summary may exceed
201 75 words in length. The court shall retain jurisdiction over
202 challenges to a revised ballot title or ballot summary prepared
203 by the Attorney General, and any challenge to a revised ballot
204 title or ballot summary must be filed within 10 days after a
205 revised ballot title or ballot summary is submitted to the
206 Department of State.
207 3. A ballot statement that consists of the full text of an
208 amendment or revision shall be presumed to be a clear and
209 unambiguous statement of the substance and effect of the
210 amendment or revision, providing fair notice to the electors of
211 the content of the amendment or revision and sufficiently
212 advising electors of the issue upon which they are to vote.
213 Section 9. Subsection (3) of section 101.5605, Florida
214 Statutes, is amended to read:
215 101.5605 Examination and approval of equipment.—
216 (3)(a) Before the Department of State approves the
217 electronic or electromechanical voting system, the person who
218 submitted it for examination shall provide the department with
219 the name, mailing address, and telephone number of a registered
220 agent, which agent must have and continuously maintain an office
221 in this state. Any change in the name, address, or telephone
222 number of the registered agent shall promptly be made known to
223 the department.
224 (b) Before entering into a contract for the sale or lease
225 of a voting system approved under this section to any county,
226 the person entering into such contract shall provide the
227 department with the name, mailing address, and telephone number
228 of a registered agent, which agent must have and continuously
229 maintain an office in this state. Any change in the name,
230 address, or telephone number of the registered agent shall
231 promptly be made known to the department.
232 (c) The department’s proof of delivery or attempted
233 delivery to the last mailing address of the registered agent on
234 file with the department at the time of delivery or attempted
235 delivery is valid for all notice purposes.
236 (d) Within 30 days after completing the examination and
237 upon approval of any electronic or electromechanical voting
238 system, the Department of State shall make and maintain a report
239 on the system, together with a written or printed description
240 and drawings and photographs clearly identifying the system and
241 the operation thereof. As soon as practicable after such filing,
242 the department shall send a notice of certification and, upon
243 request, a copy of the report to the governing bodies of the
244 respective counties of the state. Any voting system that does
245 not receive the approval of the department may shall not be
246 adopted for or used at any election.
247 (e)(b) After a voting system has been approved by the
248 Department of State, any change or improvement in the system is
249 required to be approved by the department prior to the adoption
250 of such change or improvement by any county. If any such change
251 or improvement does not comply with the requirements of this
252 act, the department shall suspend all sales of the equipment or
253 system in the state until the equipment or system complies with
254 the requirements of this act.
255 Section 10. Section 101.56065, Florida Statutes, is created
256 to read:
257 101.56065 Voting system defects; disclosure;
258 investigations; penalties.—
259 (1) For purposes of this section, the term:
260 (a) “Defect” means:
261 1. Any failure, fault, or flaw in an electronic or
262 electromechanical voting system approved pursuant to s. 101.5605
263 which results in nonconformance with the standards in a manner
264 that affects the timeliness or accuracy of the casting or
265 counting of ballots; or
266 2. Any failure or inability of the voting system
267 manufacturer or vendor to make available or provide approved
268 replacements of hardware or software to the counties that have
269 purchased the approved voting system, the unavailability of
270 which results in the system’s nonconformance with the standards
271 in a manner that affects the timeliness or accuracy of the
272 casting or counting of ballots.
273 (b) “Standards” refers to the requirements in ss. 101.5606
274 and 101.56062 under which a voting system was approved for use
275 in the state.
276 (c) “Vendor” means a person who submits or previously
277 submitted a voting system that was approved by the Department of
278 State in accordance with s. 101.5605, or a person who enters
279 into a contract for the sale or lease of a voting system to any
280 county, or that previously entered into such a contract that has
281 not expired.
282 (2)(a) No later than December 31, 2013, and, thereafter, on
283 January 1 of every odd-numbered year, each vendor shall file a
284 written disclosure with the department identifying any known
285 defect in the voting system or the fact that there is no known
286 defect, the effect of any defect on the operation and use of the
287 approved voting system, and any known corrective measures to
288 cure a defect, including, but not limited to, advisories and
289 bulletins issued to system users.
290 (b) Implementation of corrective measures approved by the
291 department which enable a system to conform to the standards and
292 ensure the timeliness and accuracy of the casting and counting
293 of ballots constitutes a cure of a defect.
294 (c) If a vendor becomes aware of the existence of a defect,
295 he or she must file a new disclosure with the department as
296 provided in paragraph (a) within 30 days after the date the
297 vendor determined or reasonably should have determined that the
298 defect existed.
299 (d) If a vendor discloses to the department that a defect
300 exists, the department may suspend all sales or leases of the
301 voting system in the state and may suspend the use of the system
302 in any election in the state. The department shall provide
303 written notice of any such suspension to each affected vendor
304 and supervisor of elections. If the department determines that
305 the defect no longer exists, the department shall lift the
306 suspension and provide written notice to each affected vendor
307 and supervisor of elections.
308 (e) If a vendor fails to file a required disclosure for a
309 voting system previously approved by the department, that system
310 may not be sold, leased, or used for elections in the state
311 until it has been submitted for examination and approval and
312 adopted for use pursuant to s. 101.5605. The department shall
313 provide written notice to all supervisors of elections that the
314 system is no longer approved.
315 (3)(a) If the department has reasonable cause to believe a
316 voting system approved pursuant to s. 101.5605 contains a defect
317 either before, during, or after an election which has not been
318 disclosed pursuant to subsection (2), the department may
319 investigate whether the voting system has a defect.
320 (b) The department may initiate an investigation pursuant
321 to paragraph (a) on its own initiative or upon the written
322 request of the supervisor of elections of a county that
323 purchased or leased a voting system that contains the alleged
324 defect.
325 (c) Upon initiating an investigation, the department shall
326 provide written notice to the vendor and all of the supervisors
327 of elections.
328 (4)(a) If the department determines by a preponderance of
329 the evidence that a defect exists in the voting system, or that
330 a vendor failed to timely disclose a defect pursuant to
331 subsection (2), the department shall provide written notice to
332 the affected vendor and supervisors of elections.
333 (b) A vendor entitled to receive notice pursuant to
334 paragraph (a) shall, within 10 days, file a written response to
335 the department which:
336 1. Denies that the alleged defect exists or existed as
337 alleged by the department or that the vendor failed to timely
338 disclose a defect, and sets forth the reasons for such denial;
339 or
340 2. Admits that the defect exists or existed as alleged by
341 the department or that the vendor failed to timely disclose a
342 defect.
343 (c) If the defect has been cured, the vendor shall provide
344 an explanation of how the defect was cured.
345 (d) If the defect has not been cured, the vendor shall
346 inform the department whether the defect can be cured and shall
347 provide the department with a plan for curing the defect. If the
348 defect can be cured, the department shall establish a timeframe
349 within which to cure the defect.
350 (5) If after receiving a response from the vendor, the
351 department determines that a defect does not exist or has been
352 cured within the timeframe established by the department, the
353 department shall take no further action.
354 (6) If the department determines that: a vendor failed to
355 timely disclose a defect; or that a defect exists and a vendor
356 has not filed a written response or has failed to cure within
357 the timeframe established by the department, or if the defect
358 cannot be cured, the department shall impose a civil penalty of
359 $25,000 for the defect plus an amount equal to the actual costs
360 incurred by the department in conducting the investigation.
361 (7) If the department finds that a defect existed:
362 (a) The department may suspend all sales and leases of the
363 voting system and may suspend its use in any county in the
364 state. The department shall provide written notice of the
365 suspension to each affected vendor and supervisor of elections.
366 (b) If the department determines that a defect no longer
367 exists in a voting system that has been suspended from use
368 pursuant to paragraph (a), the department shall lift the
369 suspension and authorize the sale, lease, and use of the voting
370 system in any election in the state. The department shall
371 provide written notice that the suspension has been lifted to
372 each affected vendor and supervisor of elections.
373 (c) If the defect cannot be cured, the department may
374 disapprove the voting system for use in elections in the state.
375 The department shall provide written notice to all supervisors
376 of elections that the system is no longer approved. After
377 approval of a system has been withdrawn pursuant to this
378 paragraph, the system may not be sold, leased, or used in
379 elections in the state until it has been submitted for
380 examination and approval and adopted for use pursuant to s.
381 101.5605.
382 (d) Any vendor against whom a civil penalty was imposed
383 under this section may not submit a voting system for approval
384 by the Department of State in accordance with s. 101.5605 or
385 enter into a contract for sale or lease of a voting system in
386 the state until the civil penalties have been paid and the
387 department provides written confirmation to the supervisors of
388 elections of the payment.
389 (8) The department shall prepare a written report of any
390 investigation conducted pursuant to this section.
391 (9) The authority of the department under this section is
392 in addition to, and not exclusive of, any other authority
393 provided by law.
394 (10) All proceedings under this section are exempt from
395 chapter 120.
396 Section 11. Section 101.56075, Florida Statutes, is amended
397 to read:
398 101.56075 Voting methods.—
399 (1) Except as provided in subsection (2), all voting shall
400 be by marksense ballot utilizing a marking device for the
401 purpose of designating ballot selections.
402 (2) Persons with disabilities may vote on a voter interface
403 device that meets the voting system accessibility requirements
404 for individuals with disabilities pursuant to s. 301 of the
405 federal Help America Vote Act of 2002 and s. 101.56062.
406 (3) By 2020 2016, persons with disabilities shall vote on a
407 voter interface device that meets the voter accessibility
408 requirements for individuals with disabilities under s. 301 of
409 the federal Help America Vote Act of 2002 and s. 101.56062 which
410 are consistent with subsection (1) of this section.
411 (4) By December 31, 2013, all voting systems utilized by
412 voters during a state election shall permit placement on the
413 ballot of the full text of a constitutional amendment or
414 revision containing stricken or underlined text.
415 Section 12. Subsections (1) and (2) of section 101.591,
416 Florida Statutes, are amended, and subsection (4) of that
417 section is republished, to read:
418 101.591 Voting system audit.—
419 (1) Immediately following the certification of each
420 election, the county canvassing board or the local board
421 responsible for certifying the election shall conduct a manual
422 audit or an automated, independent audit of the voting systems
423 used in randomly selected precincts.
424 (2)(a) A manual The audit shall consist of a public manual
425 tally of the votes cast in one randomly selected race that
426 appears on the ballot. The tally sheet shall include election
427 day, absentee, early voting, provisional, and overseas ballots,
428 in at least 1 percent but no more than 2 percent of the
429 precincts chosen at random by the county canvassing board or the
430 local board responsible for certifying the election. If 1
431 percent of the precincts is less than one entire precinct, the
432 audit shall be conducted using at least one precinct chosen at
433 random by the county canvassing board or the local board
434 responsible for certifying the election. Such precincts shall be
435 selected at a publicly noticed canvassing board meeting.
436 (b) An automated audit shall consist of a public automated
437 tally of the votes cast across every race that appears on the
438 ballot. The tally sheet shall include election day, absentee,
439 early voting, provisional, and overseas ballots in at least 20
440 percent of the precincts chosen at random by the county
441 canvassing board or the local board responsible for certifying
442 the election. Such precincts shall be selected at a publicly
443 noticed canvassing board meeting.
444 (c) The division shall adopt rules for approval of an
445 independent audit system which provide that the system, at a
446 minimum, must be:
447 1. Completely independent of the primary voting system.
448 2. Fast enough to produce final audit results within the
449 timeframe prescribed in subsection (4).
450 3. Capable of demonstrating that the ballots of record have
451 been accurately adjudicated by the audit system.
452 (4) The audit must be completed and the results made public
453 no later than 11:59 p.m. on the 7th day following certification
454 of the election by the county canvassing board or the local
455 board responsible for certifying the election.
456 Section 13. Subsections (1) and (3) and paragraph (c) of
457 subsection (4) of section 101.62, Florida Statutes, are amended
458 to read:
459 101.62 Request for absentee ballots.—
460 (1)(a) The supervisor shall accept a request for an
461 absentee ballot from an elector in person or in writing. One
462 request shall be deemed sufficient to receive an absentee ballot
463 for all elections through the end of the calendar year of the
464 second ensuing regularly scheduled general election, unless the
465 elector or the elector’s designee indicates at the time the
466 request is made the elections for which the elector desires to
467 receive an absentee ballot. Such request may be considered
468 canceled when any first-class mail sent by the supervisor to the
469 elector is returned as undeliverable.
470 (b) The supervisor may accept a written or telephonic
471 request for an absentee ballot to be mailed to an elector’s
472 address on file in the Florida Voter Registration System from
473 the elector, or, if directly instructed by the elector, a member
474 of the elector’s immediate family, or the elector’s legal
475 guardian; if the ballot is requested to be mailed to an address
476 other than the elector’s address on file in the Florida Voter
477 Registration System, the request must be made in writing and
478 signed by the elector. However, an absent uniformed service
479 voter or an overseas voter seeking an absentee ballot is not
480 required to submit a signed, written request for an absentee
481 ballot that is being mailed to an address other than the
482 elector’s address on file in the Florida Voter Registration
483 System. For purposes of this section, the term “immediate
484 family” has the same meaning as specified in paragraph (4)(c).
485 The person making the request must disclose:
486 1. The name of the elector for whom the ballot is
487 requested.
488 2. The elector’s address.
489 3. The elector’s date of birth.
490 4. The requester’s name.
491 5. The requester’s address.
492 6. The requester’s driver’s license number, if available.
493 7. The requester’s relationship to the elector.
494 8. The requester’s signature (written requests only).
495 (c) Upon receiving a request for an absentee ballot from an
496 absent voter, the supervisor of elections shall notify the voter
497 of the free access system that has been designated by the
498 department for determining the status of his or her absentee
499 ballot.
500 (3) For each request for an absentee ballot received, the
501 supervisor shall record the date the request was made, the date
502 the absentee ballot was delivered to the voter or the voter’s
503 designee or the date the absentee ballot was delivered to the
504 post office or other carrier, the date the ballot was received
505 by the supervisor, the absence of the voter’s signature on the
506 voter’s certificate, if applicable, and such other information
507 he or she may deem necessary. This information shall be provided
508 in electronic format as provided by rule adopted by the
509 division. The information shall be updated and made available no
510 later than 8 a.m. of each day, including weekends, beginning 60
511 days before the primary until 15 days after the general election
512 and shall be contemporaneously provided to the division. This
513 information shall be confidential and exempt from the provisions
514 of s. 119.07(1) and shall be made available to or reproduced
515 only for the voter requesting the ballot, a canvassing board, an
516 election official, a political party or official thereof, a
517 candidate who has filed qualification papers and is opposed in
518 an upcoming election, and registered political committees or
519 registered committees of continuous existence, for political
520 purposes only.
521 (4)
522 (c) The supervisor shall provide an absentee ballot to each
523 elector by whom a request for that ballot has been made by one
524 of the following means:
525 1. By nonforwardable, return-if-undeliverable mail to the
526 elector’s current mailing address on file with the supervisor or
527 any other address the elector specifies in the request.
528 2. By forwardable mail, e-mail, or facsimile machine
529 transmission to absent uniformed services voters and overseas
530 voters. The absent uniformed services voter or overseas voter
531 may designate in the absentee ballot request the preferred
532 method of transmission. If the voter does not designate the
533 method of transmission, the absentee ballot shall be mailed.
534 3. By personal delivery before 7 p.m. on election day to
535 the elector, upon presentation of the identification required in
536 s. 101.043.
537 4. By delivery to a designee on election day or up to 5
538 days prior to the day of an election. Any elector may designate
539 in writing a person to pick up the ballot for the elector;
540 however, the person designated may not pick up more than two
541 absentee ballots per election, other than the designee’s own
542 ballot, except that additional ballots may be picked up for
543 members of the designee’s immediate family. For purposes of this
544 section, “immediate family” means the designee’s spouse or the
545 parent, child, grandparent, or sibling of the designee or of the
546 designee’s spouse. The designee shall provide to the supervisor
547 the written authorization by the elector and a picture
548 identification of the designee and must complete an affidavit.
549 The designee shall state in the affidavit that the designee is
550 authorized by the elector to pick up that ballot and shall
551 indicate if the elector is a member of the designee’s immediate
552 family and, if so, the relationship. The department shall
553 prescribe the form of the affidavit. If the supervisor is
554 satisfied that the designee is authorized to pick up the ballot
555 and that the signature of the elector on the written
556 authorization matches the signature of the elector on file, the
557 supervisor shall give the ballot to that designee for delivery
558 to the elector.
559 5. Except as provided in s. 101.655, the supervisor may not
560 deliver an absentee ballot to an elector or an elector’s
561 immediate family member on the day of the election unless there
562 is an emergency, to the extent that the elector will be unable
563 to go to his or her assigned polling place. If an absentee
564 ballot is delivered, the elector or his or her designee shall
565 execute an affidavit affirming to the facts which allow for
566 delivery of the absentee ballot. The department shall adopt a
567 rule providing for the form of the affidavit.
568 Section 14. Section 101.65, Florida Statutes, is amended to
569 read:
570 101.65 Instructions to absent electors.—The supervisor
571 shall enclose with each absentee ballot separate printed
572 instructions in substantially the following form:
573
574 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
575 1. VERY IMPORTANT. In order to ensure that your absentee
576 ballot will be counted, it should be completed and returned as
577 soon as possible so that it can reach the supervisor of
578 elections of the county in which your precinct is located no
579 later than 7 p.m. on the day of the election. However, if you
580 are an overseas voter casting a ballot in a presidential
581 preference primary or general election, your absentee ballot
582 must be postmarked or dated no later than the date of the
583 election and received by the supervisor of elections of the
584 county in which you are registered to vote no later than 10 days
585 after the date of the election.
586 2. Mark your ballot in secret as instructed on the ballot.
587 You must mark your own ballot unless you are unable to do so
588 because of blindness, disability, or inability to read or write.
589 3. Mark only the number of candidates or issue choices for
590 a race as indicated on the ballot. If you are allowed to “Vote
591 for One” candidate and you vote for more than one candidate,
592 your vote in that race will not be counted.
593 4. Place your marked ballot in the enclosed secrecy
594 envelope.
595 5. Insert the secrecy envelope into the enclosed mailing
596 envelope which is addressed to the supervisor.
597 6. Seal the mailing envelope and completely fill out the
598 Voter’s Certificate on the back of the mailing envelope.
599 7. VERY IMPORTANT. In order for your absentee ballot to be
600 counted, you must sign your name on the line above (Voter’s
601 Signature). An absentee ballot will be considered illegal and
602 not be counted if the signature on the voter’s certificate does
603 not match the signature on record. The signature on file at the
604 start of the canvass of the absentee ballots is the signature
605 that will be used to verify your signature on the voter’s
606 certificate. If you need to update your signature for this
607 election, send your signature update on a voter registration
608 application to your supervisor of elections so that it is
609 received no later than the start of the canvassing of absentee
610 ballots, which occurs no earlier than the 15th day before
611 election day.
612 8. VERY IMPORTANT. If you are an overseas voter, you must
613 include the date you signed the Voter’s Certificate on the line
614 above (Date) or your ballot may not be counted.
615 9. Mail, deliver, or have delivered the completed mailing
616 envelope. Be sure there is sufficient postage if mailed.
617 10. FELONY NOTICE. It is a felony under Florida law to
618 accept any gift, payment, or gratuity in exchange for your vote
619 for a candidate. It is also a felony under Florida law to vote
620 in an election using a false identity or false address, or under
621 any other circumstances making your ballot false or fraudulent.
622 Section 15. Paragraphs (a) and (d) of subsection (1) of
623 section 101.657, Florida Statutes, are amended to read:
624 101.657 Early voting.—
625 (1)(a) As a convenience to the voter, the supervisor of
626 elections shall allow an elector to vote early in the main or
627 branch office of the supervisor. The supervisor shall mark,
628 code, indicate on, or otherwise track the voter’s precinct for
629 each early voted ballot. In order for a branch office to be used
630 for early voting, it shall be a permanent facility of the
631 supervisor and shall have been designated and used as such for
632 at least 1 year prior to the election. The supervisor may also
633 designate any city hall, or permanent public library facility,
634 fairground, civic center, courthouse, county commission
635 building, stadium, convention center, government-owned senior
636 center, or government-owned community center as early voting
637 sites; however, if so designated, the sites must be
638 geographically located so as to provide all voters in the county
639 an equal opportunity to cast a ballot, insofar as is
640 practicable. In addition, a supervisor may designate one early
641 voting site per election in an area of the county that does not
642 have any of the eligible early voting locations. Such additional
643 early voting site must be geographically located so as to
644 provide all voters in that area with an equal opportunity to
645 cast a ballot, insofar as is practicable. Each county shall, at
646 a minimum, operate the same total number of early voting sites
647 for a general election which the county operated for the 2012
648 general election. The results or tabulation of votes cast during
649 early voting may not be made before the close of the polls on
650 election day. Results shall be reported by precinct.
651 (d) Early voting shall begin on the 10th day before an
652 election that contains state or federal races and end on the 3rd
653 day before the election, and shall be provided for no less than
654 8 6 hours and no more than 12 hours per day at each site during
655 the applicable period. In addition, early voting may be offered
656 at the discretion of the supervisor of elections on the 15th,
657 14th, 13th, 12th, 11th, or 2nd day before an election that
658 contains state or federal races for at least 8 hours per day,
659 but not more than 12 hours per day. The supervisor of elections
660 may provide early voting for elections that are not held in
661 conjunction with a state or federal election. However, the
662 supervisor has the discretion to determine the hours of
663 operation of early voting sites in those elections.
664 Section 16. Subsection (2) of section 101.67, Florida
665 Statutes, is amended to read:
666 101.67 Safekeeping of mailed ballots; deadline for
667 receiving absentee ballots.—
668 (2) Except as provided in s. 101.6952(5), all marked absent
669 electors’ ballots to be counted must be received by the
670 supervisor by 7 p.m. the day of the election. All ballots
671 received thereafter shall be marked with the time and date of
672 receipt and filed in the supervisor’s office.
673 Section 17. Subsections (1) and (4) of section 101.68,
674 Florida Statutes, are amended, and subsection (2) of that
675 section is reenacted and amended, to read:
676 101.68 Canvassing of absentee ballot.—
677 (1) The supervisor of the county where the absent elector
678 resides shall receive the voted ballot, at which time the
679 supervisor shall compare the signature of the elector on the
680 voter’s certificate with the signature of the elector in the
681 registration books or the precinct register to determine whether
682 the elector is duly registered in the county and may record on
683 the elector’s registration certificate that the elector has
684 voted. However, effective July 1, 2005, an elector who dies
685 after casting an absentee ballot but on or before election day
686 shall remain listed in the registration books until the results
687 have been certified for the election in which the ballot was
688 cast. The supervisor shall safely keep the ballot unopened in
689 his or her office until the county canvassing board canvasses
690 the vote. Except as provided in subsection (4), after an
691 absentee ballot is received by the supervisor, the ballot is
692 deemed to have been cast, and changes or additions may not be
693 made to the voter’s certificate.
694 (2)(a) The county canvassing board may begin the canvassing
695 of absentee ballots at 7 a.m. on the 15th day before the
696 election, but not later than noon on the day following the
697 election. In addition, for any county using electronic
698 tabulating equipment, the processing of absentee ballots through
699 such tabulating equipment may begin at 7 a.m. on the 15th day
700 before the election. However, notwithstanding any such
701 authorization to begin canvassing or otherwise processing
702 absentee ballots early, no result shall be released until after
703 the closing of the polls in that county on election day. Any
704 supervisor of elections, deputy supervisor of elections,
705 canvassing board member, election board member, or election
706 employee who releases the results of a canvassing or processing
707 of absentee ballots prior to the closing of the polls in that
708 county on election day commits a felony of the third degree,
709 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
710 (b) To ensure that all absentee ballots to be counted by
711 the canvassing board are accounted for, the canvassing board
712 shall compare the number of ballots in its possession with the
713 number of requests for ballots received to be counted according
714 to the supervisor’s file or list.
715 (c)1. The canvassing board shall, if the supervisor has not
716 already done so, compare the signature of the elector on the
717 voter’s certificate or on the absentee ballot affidavit as
718 provided in subsection (4) with the signature of the elector in
719 the registration books or the precinct register to see that the
720 elector is duly registered in the county and to determine the
721 legality of that absentee ballot. The ballot of an elector who
722 casts an absentee ballot shall be counted even if the elector
723 dies on or before election day, as long as, prior to the death
724 of the voter, the ballot was postmarked by the United States
725 Postal Service, date-stamped with a verifiable tracking number
726 by common carrier, or already in the possession of the
727 supervisor of elections. An absentee ballot shall be considered
728 illegal if the voter’s certificate or absentee ballot affidavit
729 it does not include the signature of the elector, as shown by
730 the registration records or the precinct register. However, an
731 absentee ballot is shall not be considered illegal if the
732 signature of the elector does not cross the seal of the mailing
733 envelope. If the canvassing board determines that any ballot is
734 illegal, a member of the board shall, without opening the
735 envelope, mark across the face of the envelope: “rejected as
736 illegal.” The absentee ballot affidavit, if applicable, the
737 envelope, and the ballot contained therein shall be preserved in
738 the manner that official ballots voted are preserved.
739 2. If any elector or candidate present believes that an
740 absentee ballot is illegal due to a defect apparent on the
741 voter’s certificate or the absentee ballot affidavit, he or she
742 may, at any time before the ballot is removed from the envelope,
743 file with the canvassing board a protest against the canvass of
744 that ballot, specifying the precinct, the ballot, and the reason
745 he or she believes the ballot to be illegal. A challenge based
746 upon a defect in the voter’s certificate or absentee ballot
747 affidavit may not be accepted after the ballot has been removed
748 from the mailing envelope.
749 (d) The canvassing board shall record the ballot upon the
750 proper record, unless the ballot has been previously recorded by
751 the supervisor. The mailing envelopes shall be opened and the
752 secrecy envelopes shall be mixed so as to make it impossible to
753 determine which secrecy envelope came out of which signed
754 mailing envelope; however, in any county in which an electronic
755 or electromechanical voting system is used, the ballots may be
756 sorted by ballot styles and the mailing envelopes may be opened
757 and the secrecy envelopes mixed separately for each ballot
758 style. The votes on absentee ballots shall be included in the
759 total vote of the county.
760 (4)(a) The supervisor of elections shall, on behalf of the
761 county canvassing board, notify each elector whose ballot was
762 rejected as illegal and provide the specific reason the ballot
763 was rejected because of a difference between the elector’s
764 signature on the ballot and that on the elector’s voter
765 registration record. The supervisor shall mail a voter
766 registration application to the elector to be completed
767 indicating the elector’s current signature if the elector’s
768 ballot was rejected due to a difference between the elector’s
769 signature on the voter’s certificate or absentee ballot
770 affidavit and the elector’s signature in the registration books
771 or precinct register. This section does not prohibit the
772 supervisor from providing additional methods for updating an
773 elector’s signature.
774 (b) Until 5 p.m. on the 2nd day before an election, the
775 supervisor shall allow an elector who has returned an absentee
776 ballot that does not include the elector’s signature to complete
777 an affidavit in order to cure the unsigned absentee ballot.
778 (c) The elector shall provide identification to the
779 supervisor and must complete an absentee ballot affidavit in
780 substantially the following form:
781
782 ABSENTEE BALLOT AFFIDAVIT
783 I, ...., am a qualified voter in this election and
784 registered voter of .... County, Florida. I do solemnly swear or
785 affirm that I requested and returned the absentee ballot and
786 that I have not and will not vote more than one ballot in this
787 election. I understand that if I commit or attempt any fraud in
788 connection with voting, vote a fraudulent ballot, or vote more
789 than once in an election, I may be convicted of a felony of the
790 third degree and fined up to $5,000 and imprisoned for up to 5
791 years. I understand that my failure to sign this affidavit means
792 that my absentee ballot will be invalidated.
793
794 ...(Voter’s Signature)...
795
796 ...(Address)...
797
798 (d) Instructions must accompany the absentee ballot
799 affidavit in substantially the following form:
800
801 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
802 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
803 BALLOT NOT TO COUNT.
804
805 1. In order to ensure that your absentee ballot will be
806 counted, your affidavit should be completed and returned as soon
807 as possible so that it can reach the supervisor of elections of
808 the county in which your precinct is located no later than 5
809 p.m. on the 2nd day before the election.
810 2. You must sign your name on the line above (Voter’s
811 Signature).
812 3. You must make a copy of one of the following forms of
813 identification:
814 a. Identification that includes your name and photograph:
815 United States passport; debit or credit card; military
816 identification; student identification; retirement center
817 identification; neighborhood association identification; or
818 public assistance identification; or
819 b. Identification that shows your name and current
820 residence address: current utility bill, bank statement,
821 government check, paycheck, or government document (excluding
822 voter identification card).
823 4. Place the envelope bearing the affidavit into a mailing
824 envelope addressed to the supervisor. Insert a copy of your
825 identification in the mailing envelope. Mail, deliver, or have
826 delivered the completed affidavit along with the copy of your
827 identification to your county supervisor of elections. Be sure
828 there is sufficient postage if mailed and that the supervisor’s
829 address is correct.
830 5. Alternatively, you may fax or e-mail your completed
831 affidavit and a copy of your identification to the supervisor of
832 elections. If e-mailing, please provide these documents as
833 attachments.
834 (e) The department and each supervisor shall include the
835 affidavit and instructions on their respective websites. The
836 supervisor must include his or her office’s mailing address, e
837 mail address, and fax number on the page containing the
838 affidavit instructions; the department’s instruction page must
839 include the office mailing addresses, e-mail addresses, and fax
840 numbers of all supervisors of elections or provide a conspicuous
841 link to such addresses.
842 (f) The supervisor shall attach each affidavit received to
843 the appropriate absentee ballot mailing envelope.
844 Section 18. Subsection (2) of section 101.6923, Florida
845 Statutes, is amended to read:
846 101.6923 Special absentee ballot instructions for certain
847 first-time voters.—
848 (2) A voter covered by this section shall be provided with
849 printed instructions with his or her absentee ballot in
850 substantially the following form:
851
852 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
853 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
854 YOUR BALLOT NOT TO COUNT.
855
856 1. In order to ensure that your absentee ballot will be
857 counted, it should be completed and returned as soon as possible
858 so that it can reach the supervisor of elections of the county
859 in which your precinct is located no later than 7 p.m. on the
860 date of the election. However, if you are an overseas voter
861 casting a ballot in a presidential preference primary or general
862 election, your absentee ballot must be postmarked or dated no
863 later than the date of the election and received by the
864 supervisor of elections of the county in which you are
865 registered to vote no later than 10 days after the date of the
866 election.
867 2. Mark your ballot in secret as instructed on the ballot.
868 You must mark your own ballot unless you are unable to do so
869 because of blindness, disability, or inability to read or write.
870 3. Mark only the number of candidates or issue choices for
871 a race as indicated on the ballot. If you are allowed to “Vote
872 for One” candidate and you vote for more than one, your vote in
873 that race will not be counted.
874 4. Place your marked ballot in the enclosed secrecy
875 envelope and seal the envelope.
876 5. Insert the secrecy envelope into the enclosed envelope
877 bearing the Voter’s Certificate. Seal the envelope and
878 completely fill out the Voter’s Certificate on the back of the
879 envelope.
880 a. You must sign your name on the line above (Voter’s
881 Signature).
882 b. If you are an overseas voter, you must include the date
883 you signed the Voter’s Certificate on the line above (Date) or
884 your ballot may not be counted.
885 c. An absentee ballot will be considered illegal and will
886 not be counted if the signature on the Voter’s Certificate does
887 not match the signature on record. The signature on file at the
888 start of the canvass of the absentee ballots is the signature
889 that will be used to verify your signature on the Voter’s
890 Certificate. If you need to update your signature for this
891 election, send your signature update on a voter registration
892 application to your supervisor of elections so that it is
893 received no later than the start of canvassing of absentee
894 ballots, which occurs no earlier than the 15th day before
895 election day.
896 6. Unless you meet one of the exemptions in Item 7., you
897 must make a copy of one of the following forms of
898 identification:
899 a. Identification which must include your name and
900 photograph: United States passport; debit or credit card;
901 military identification; student identification; retirement
902 center identification; neighborhood association identification;
903 or public assistance identification; or
904 b. Identification which shows your name and current
905 residence address: current utility bill, bank statement,
906 government check, paycheck, or government document (excluding
907 voter identification card).
908 7. The identification requirements of Item 6. do not apply
909 if you meet one of the following requirements:
910 a. You are 65 years of age or older.
911 b. You have a temporary or permanent physical disability.
912 c. You are a member of a uniformed service on active duty
913 who, by reason of such active duty, will be absent from the
914 county on election day.
915 d. You are a member of the Merchant Marine who, by reason
916 of service in the Merchant Marine, will be absent from the
917 county on election day.
918 e. You are the spouse or dependent of a member referred to
919 in paragraph c. or paragraph d. who, by reason of the active
920 duty or service of the member, will be absent from the county on
921 election day.
922 f. You are currently residing outside the United States.
923 8. Place the envelope bearing the Voter’s Certificate into
924 the mailing envelope addressed to the supervisor. Insert a copy
925 of your identification in the mailing envelope. DO NOT PUT YOUR
926 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
927 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
928 BALLOT WILL NOT COUNT.
929 9. Mail, deliver, or have delivered the completed mailing
930 envelope. Be sure there is sufficient postage if mailed.
931 10. FELONY NOTICE. It is a felony under Florida law to
932 accept any gift, payment, or gratuity in exchange for your vote
933 for a candidate. It is also a felony under Florida law to vote
934 in an election using a false identity or false address, or under
935 any other circumstances making your ballot false or fraudulent.
936 Section 19. Subsection (5) is added to section 101.6952,
937 Florida Statutes, to read:
938 101.6952 Absentee ballots for absent uniformed services and
939 overseas voters.—
940 (5) An absentee ballot from an overseas voter in any
941 presidential preference primary or general election which is
942 postmarked or dated no later than the date of the election and
943 is received by the supervisor of elections of the county in
944 which the overseas voter is registered no later than 10 days
945 after the date of the election shall be counted as long as the
946 absentee ballot is otherwise proper.
947 Section 20. Paragraphs (a) and (b) of subsection (4) of
948 section 102.031, Florida Statutes, are amended, and paragraph
949 (d) is added to that subsection, to read:
950 102.031 Maintenance of good order at polls; authorities;
951 persons allowed in polling rooms and early voting areas;
952 unlawful solicitation of voters.—
953 (4)(a) No person, political committee, committee of
954 continuous existence, or other group or organization may solicit
955 voters inside the polling place or within 100 feet of the
956 entrance to any polling place, a or polling room where the
957 polling place is also a polling room, an or early voting site,
958 or an office of the supervisor of elections where absentee
959 ballots are requested and printed on demand for the convenience
960 of electors who appear in person to request them. Before the
961 opening of the polling place or early voting site, the clerk or
962 supervisor shall designate the no-solicitation zone and mark the
963 boundaries.
964 (b) For the purpose of this subsection, the terms “solicit”
965 or “solicitation” shall include, but not be limited to, seeking
966 or attempting to seek any vote, fact, opinion, or contribution;
967 distributing or attempting to distribute any political or
968 campaign material, leaflet, or handout; conducting a poll except
969 as specified in this paragraph; seeking or attempting to seek a
970 signature on any petition; and selling or attempting to sell any
971 item. The terms “solicit” or “solicitation” may shall not be
972 construed to prohibit exit polling.
973 (d) Except as provided in paragraph (a), the supervisor may
974 not designate a no-solicitation zone or otherwise restrict
975 access to any person, political committee, committee of
976 continuous existence, candidate, or other group or organization
977 for the purposes of soliciting voters. This paragraph applies to
978 any public or private property used as a polling place or early
979 voting site.
980 Section 21. Subsections (1) and (4) of section 102.141,
981 Florida Statutes, are amended to read:
982 102.141 County canvassing board; duties.—
983 (1) The county canvassing board shall be composed of the
984 supervisor of elections; a county court judge, who shall act as
985 chair; and the chair of the board of county commissioners.
986 Alternate canvassing board members must be appointed pursuant to
987 paragraph (e). In the event any member of the county canvassing
988 board is unable to serve, is a candidate who has opposition in
989 the election being canvassed, or is an active participant in the
990 campaign or candidacy of any candidate who has opposition in the
991 election being canvassed, such member shall be replaced as
992 follows:
993 (a) If no county court judge is able to serve or if all are
994 disqualified, the chief judge of the judicial circuit in which
995 the county is located shall appoint as a substitute member a
996 qualified elector of the county who is not a candidate with
997 opposition in the election being canvassed and who is not an
998 active participant in the campaign or candidacy of any candidate
999 with opposition in the election being canvassed. In such event,
1000 the members of the county canvassing board shall meet and elect
1001 a chair.
1002 (b) If the supervisor of elections is unable to serve or is
1003 disqualified, the chair of the board of county commissioners
1004 shall appoint as a substitute member a member of the board of
1005 county commissioners who is not a candidate with opposition in
1006 the election being canvassed and who is not an active
1007 participant in the campaign or candidacy of any candidate with
1008 opposition in the election being canvassed. The supervisor,
1009 however, shall act in an advisory capacity to the canvassing
1010 board.
1011 (c) If the chair of the board of county commissioners is
1012 unable to serve or is disqualified, the board of county
1013 commissioners shall appoint as a substitute member one of its
1014 members who is not a candidate with opposition in the election
1015 being canvassed and who is not an active participant in the
1016 campaign or candidacy of any candidate with opposition in the
1017 election being canvassed.
1018 (d) If a substitute member or alternate member cannot be
1019 appointed as provided elsewhere in this subsection, or in the
1020 event of a vacancy in such office, the chief judge of the
1021 judicial circuit in which the county is located shall appoint as
1022 a substitute member or alternate member a qualified elector of
1023 the county who is not a candidate with opposition in the
1024 election being canvassed and who is not an active participant in
1025 the campaign or candidacy of any candidate with opposition in
1026 the election being canvassed.
1027 (e)1. The chief judge of the judicial circuit in which the
1028 county is located shall appoint a county court judge as an
1029 alternate member of the county canvassing board or, if each
1030 county court judge is unable to serve or is disqualified, shall
1031 appoint an alternate member who is qualified to serve as a
1032 substitute member under paragraph (a).
1033 2. The chair of the board of county commissioners shall
1034 appoint a member of the board of county commissioners as an
1035 alternate member of the county canvassing board or, if each
1036 member of the board of county commissioners is unable to serve
1037 or is disqualified, shall appoint an alternate member who is
1038 qualified to serve as a substitute member under paragraph (d).
1039 3. If a member of the county canvassing board is unable to
1040 participate in a meeting of the board, the chair of the county
1041 canvassing board or his or her designee shall designate which
1042 alternate member will serve as a member of the board in the
1043 place of the member who is unable to participate at that
1044 meeting.
1045 4. If not serving as one of the three members of the county
1046 canvassing board, an alternate member may be present, observe,
1047 and communicate with the three members constituting the county
1048 canvassing board, but may not vote in the board’s decisions or
1049 determinations.
1050 (4)(a) The supervisor of elections shall upload into the
1051 county’s election management system by 7 p.m. on the day before
1052 the election the results of all early voting and absentee
1053 ballots that have been canvassed and tabulated by the end of the
1054 early voting period. Pursuant to ss. 101.5614(9), 101.657, and
1055 101.68(2), the tabulation of votes cast or the results of such
1056 uploads may not be made public before the close of the polls on
1057 election day.
1058 (b) The canvassing board shall report all early voting and
1059 all tabulated absentee results to the Department of State within
1060 30 minutes after the polls close. Thereafter, the canvassing
1061 board shall report, with the exception of provisional ballot
1062 results, updated precinct election results to the department at
1063 least every 45 minutes until all results are completely
1064 reported. The supervisor of elections shall notify the
1065 department immediately of any circumstances that do not permit
1066 periodic updates as required. Results shall be submitted in a
1067 format prescribed by the department.
1068 Section 22. Effective January 1, 2014, section 104.0616,
1069 Florida Statutes, is amended to read:
1070 104.0616 Absentee ballots and voting; violations.—
1071 (1) For purposes of this section, the term “immediate
1072 family” means a person’s spouse or the parent, child,
1073 grandparent, or sibling of the person or the person’s spouse.
1074 (2) Any person who provides or offers to provide, and any
1075 person who accepts, a pecuniary or other benefit in exchange for
1076 distributing, ordering, requesting, collecting, delivering, or
1077 otherwise physically possessing more than two absentee ballots
1078 per election in addition to his or her own ballot or a ballot
1079 belonging to an immediate family member, with intent to alter,
1080 change, modify, or erase any vote on the absentee ballot, except
1081 as provided in ss. 101.6105-101.695, commits a felony of the
1082 third degree, punishable as provided in s. 775.082, s. 775.083,
1083 or s. 775.084.
1084 Section 23. Except as otherwise expressly provided in this
1085 act, this act shall take effect July 1, 2013.
1086
1087 ================= T I T L E A M E N D M E N T ================
1088 And the title is amended as follows:
1089 Delete everything before the enacting clause
1090 and insert:
1091 A bill to be entitled
1092 An act relating to elections; amending s. 97.012,
1093 F.S.; expanding the list of responsibilities of the
1094 Secretary of State when acting in his or her capacity
1095 as chief election officer; amending s. 97.0555, F.S.;
1096 revising qualifications for late voter registration;
1097 creating s. 98.025, F.S.; authorizing the Secretary of
1098 State to place a supervisor of elections in
1099 noncompliant status under specified conditions;
1100 requiring the secretary to submit a written decision
1101 of placing or removing a supervisor in noncompliant
1102 status with specified persons; providing that a
1103 supervisor in noncompliant status is not entitled to
1104 receive the special qualification salary; providing
1105 requirements to remove a supervisor from noncompliant
1106 status; requiring the secretary to provide written
1107 notice to the Governor if a supervisor has been in
1108 noncompliant status for 3 consecutive years; creating
1109 s. 100.032, F.S.; requiring each supervisor of
1110 elections to submit a report to his or her board of
1111 county commissioners at least 3 months before a
1112 general election; specifying the content of the
1113 report; requiring that such report be posted on the
1114 supervisor’s website; amending s. 100.061, F.S.;
1115 decreasing the time period between a primary election
1116 and a general election; amending s. 101.045, F.S.;
1117 authorizing an elector to vote at the polling place in
1118 the precinct to which he or she has moved if such
1119 county uses an electronic database as a precinct
1120 register; amending s. 101.151, F.S.; authorizing the
1121 supervisor to petition the United States Department of
1122 Justice for authorization for the supervisor to print
1123 and deliver single-language ballots; amending s.
1124 101.161, F.S.; providing a limitation on the number of
1125 words for certain ballot summaries in joint
1126 resolutions proposed by the Legislature; deleting a
1127 provision providing that a ballot statement consisting
1128 of the full text of a constitutional amendment or
1129 revision is presumed to be a clear and unambiguous
1130 statement; amending s. 101.5605, F.S.; requiring a
1131 person to provide the name, mailing address, and
1132 telephone number of a registered agent of a voting
1133 systems vendor to the Department of State under
1134 certain circumstances; providing that proof of
1135 delivery or attempt to deliver constitutes valid
1136 notice; creating s. 101.56065, F.S.; providing
1137 definitions; requiring a vendor to file a written
1138 disclosure with the department; providing requirements
1139 for the disclosure; providing what constitutes a cure
1140 of a defect; requiring a vendor to file a new
1141 disclosure with the department if a vendor becomes
1142 aware of a defect within a specified period;
1143 authorizing the department to suspend all sales or
1144 leases or use in an election of a defective voting
1145 system; providing procedures for the suspension of
1146 voting systems; authorizing the department to withdraw
1147 approval of voting systems under certain
1148 circumstances; authorizing the department to initiate
1149 an investigation of a defective voting system;
1150 establishing procedures and requirements of
1151 investigations; providing a penalty; amending s.
1152 101.56075, F.S.; revising the date that persons with
1153 disabilities must vote with voter interface devices;
1154 removing the requirement that all voting systems used
1155 by voters in a state election allow placement of the
1156 full text of a constitutional amendment or revision
1157 containing stricken or underlined text by a specified
1158 date; amending s. 101.591, F.S.; authorizing use of
1159 automated, independent audits of voting systems;
1160 providing audit requirements; requiring the Division
1161 of Elections to adopt rules; amending s. 101.62, F.S.;
1162 revising the requirements for a valid absentee ballot
1163 request; requiring the supervisor to record the
1164 absence of the voter’s signature on the voter’s
1165 certificate under specified circumstances; prohibiting
1166 the supervisor from providing an absentee ballot on
1167 the day of an election under certain circumstances;
1168 requiring a person who requests an absentee ballot to
1169 complete an affidavit under certain circumstances;
1170 amending s. 101.65, F.S.; revising the instructions to
1171 absent electors; amending s. 101.657, F.S.; revising
1172 the list of permissible sites available for early
1173 voting; authorizing the supervisor to designate one
1174 additional early voting site per election; providing
1175 requirements; requiring each county to operate at
1176 least the same number of early voting sites for a
1177 general election as used for the 2012 general
1178 election; revising the number of days and hours for
1179 early voting; amending s. 101.67, F.S.; conforming a
1180 provision to changes made by the act; amending s.
1181 101.68, F.S., and reenacting subsection (2), relating
1182 to the canvassing of absentee ballots; authorizing the
1183 supervisor to use the elector’s signature in a
1184 precinct register to compare with the elector’s
1185 signature on the voter’s certificate; requiring the
1186 supervisor to provide the elector with the specific
1187 reason his or her ballot was rejected; requiring the
1188 supervisor to allow electors to complete an affidavit
1189 to cure an unsigned absentee ballot before a specified
1190 time; providing the form and contents of the
1191 affidavit; providing instructions to accompany each
1192 absentee ballot affidavit; requiring the affidavit,
1193 instructions, and the supervisor’s office mailing
1194 address to be posted on certain websites; requiring
1195 the supervisor to attach a received affidavit to the
1196 appropriate absentee ballot mailing envelope; amending
1197 s. 101.6923, F.S.; revising special absentee ballot
1198 instructions; amending s. 101.6952, F.S.; providing
1199 that absentee ballots received from overseas voters in
1200 certain elections may be received up to 10 days after
1201 the date of the election; amending s. 102.031, F.S.;
1202 revising restrictions relating to the solicitation of
1203 voters; amending s. 102.141, F.S.; revising methods of
1204 selecting canvassing board members; requiring a
1205 supervisor to upload certain canvassed election
1206 results into a county’s election management system
1207 prior to the election; prohibiting public disclosure
1208 of uploaded results before the close of the polls on
1209 election day; amending s. 104.0616, F.S.; providing a
1210 definition for the term “immediate family”;
1211 prohibiting possession of more than two absentee
1212 ballots under certain circumstances; providing
1213 effective dates.
1214