Florida Senate - 2014                                     SB 486
       
       
        
       By Senator Evers
       
       
       
       
       
       2-00357C-14                                            2014486__
    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 in any state or
    6         local election; providing that an eligible elector may
    7         vote on any ballot measure in an election using the
    8         federal write-in absentee ballot; clarifying that a
    9         vote cast in a judicial merit retention election be
   10         treated in the same manner as a vote on certain ballot
   11         measures; making technical changes; amending s.
   12         102.166, F.S.; revising minimum requirements for
   13         Department of State rules used in determining what
   14         constitutes a valid vote on a federal write-in
   15         absentee ballot; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (2) of section 101.6952, Florida
   20  Statutes, is amended to read:
   21         101.6952 Absentee ballots for absent uniformed services and
   22  overseas voters.—
   23         (2)(a) An absent uniformed services voter or an overseas
   24  voter who makes timely application for but does not receive an
   25  official absentee ballot may use the federal write-in absentee
   26  ballot to vote in any federal, election and any state, or local
   27  election involving two or more candidates.
   28         (b)1. In an election for federal office, an elector may
   29  designate a candidate by writing the name of a candidate on the
   30  ballot. Except for a primary or special primary election, the
   31  elector may alternatively designate a candidate by writing the
   32  name of a political party on the ballot. A written designation
   33  of the political party shall be counted as a vote for the
   34  candidate of that party if there is such a party candidate in
   35  the race.
   36         2. In an election for a state or local election office, an
   37  elector may vote in the section of the federal write-in absentee
   38  ballot designated for nonfederal races by writing on the ballot
   39  the title of each office and by writing on the ballot the name
   40  of the candidate for whom the elector is voting. Except for a
   41  primary, special primary, or nonpartisan election, the elector
   42  may alternatively designate a candidate by writing the name of a
   43  political party on the ballot. A written designation of the
   44  political party shall be counted as a vote for the candidate of
   45  that party if there is such a party candidate in the race. In
   46  addition, the elector may vote on any ballot measure presented
   47  in such election by identifying the ballot measure on which he
   48  or she desires to vote and specifying his or her vote on the
   49  measure. For purposes of this section, a vote cast in a judicial
   50  merit retention election shall be treated in the same manner as
   51  a ballot measure where the only allowable responses are “Yes”
   52  and “No.”
   53         (c) In the case of a joint candidacy, such as for the
   54  offices of President/Vice President or Governor/Lieutenant
   55  Governor, a valid vote for one or both qualified candidates on
   56  the same ticket shall constitute a vote for the joint candidacy.
   57         (d) For purposes of this subsection and except where the
   58  context clearly indicates otherwise, such as where a candidate
   59  in the election is affiliated with a political party whose name
   60  includes the word “Independent,” “Independence,” or a similar
   61  term, a voter designation of “No Party Affiliation” or
   62  “Independent,” or any minor variation, misspelling, or
   63  abbreviation thereof, shall be considered a designation for the
   64  candidate, other than a write-in candidate, who qualified to run
   65  in the race with no party affiliation. If more than one
   66  candidate qualifies to run as a candidate with no party
   67  affiliation, the designation does shall not count for any
   68  candidate unless there is a valid, additional designation of the
   69  candidate’s name.
   70         (e) Any abbreviation, misspelling, or other minor variation
   71  in the form of the name of an office, the name of a candidate,
   72  the ballot measure, or the name of a political party must be
   73  disregarded in determining the validity of the ballot.
   74         Section 2. Subsection (4) of section 102.166, Florida
   75  Statutes, is amended to read:
   76         102.166 Manual recounts of overvotes and undervotes.—
   77         (4)(a) A vote for a candidate or ballot measure shall be
   78  counted if there is a clear indication on the ballot that the
   79  voter has made a definite choice.
   80         (b) The Department of State shall adopt specific rules for
   81  the federal write-in absentee ballot and for each certified
   82  voting system prescribing what constitutes a “clear indication
   83  on the ballot that the voter has made a definite choice.” The
   84  rules shall be consistent, to the extent practicable, and may
   85  not:
   86         1. Exclusively provide that the voter must properly mark or
   87  designate his or her choice on the ballot; or
   88         2. Contain a catch-all provision that fails to identify
   89  specific standards, such as “any other mark or indication
   90  clearly indicating that the voter has made a definite choice.”
   91         (c) The rule for the federal write-in absentee ballot must
   92  address, at a minimum, the following issues:
   93         1. The appropriate lines or spaces for designating a
   94  candidate choice and, for state and local races, the office or
   95  ballot measure to be voted, including the proximity of each to
   96  the other and the effect of intervening blank lines.
   97         2. The sufficiency of designating a candidate’s first or
   98  last name when no other candidate in the race has the same or a
   99  similar name.
  100         3. The sufficiency of designating a candidate’s first or
  101  last name when an opposing candidate has the same or a similar
  102  name, notwithstanding generational suffixes and titles such as
  103  “Jr.,” “Sr.,” or “III.” The rule should contemplate the
  104  sufficiency of additional first names and first initials, middle
  105  names and middle initials, generational suffixes and titles,
  106  nicknames, and, in general elections, the name or abbreviation
  107  of a political party.
  108         4. Candidate designations containing both a qualified
  109  candidate’s name and a political party, including those in which
  110  where the party designated is the candidate’s party, is not the
  111  candidate’s party, has an opposing candidate in the race, or
  112  does not have an opposing candidate in the race.
  113         5. Situations where the abbreviation or name of a candidate
  114  is the same as the abbreviation or name of a political party to
  115  which the candidate does not belong, including those in which
  116  where the party designated has another candidate in the race or
  117  does not have a candidate in the race.
  118         6. The use of marks, symbols, or language, such as arrows,
  119  quotation marks, or the word “same” or “ditto,” to indicate that
  120  the same political party designation applies to all listed
  121  offices or the elector’s approval or disapproval of all listed
  122  ballot measures.
  123         7. Situations in which where an elector designates the name
  124  of a qualified candidate for an incorrect office.
  125         8. Situations in which where an elector designates an
  126  otherwise correct office name that includes an incorrect
  127  district number.
  128         Section 3. This act shall take effect July 1, 2014.