Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SPB 7064
Ì9211760Î921176
LEGISLATIVE ACTION
Senate . House
Comm: WD .
03/25/2015 .
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The Committee on Ethics and Elections (Thompson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 435 and 436
4 insert:
5 Section 14. Subsection (13) of section 97.012, Florida
6 Statutes, is amended 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 (13) Designate an office within the department to be
11 responsible for providing information regarding voter
12 registration procedures and vote-by-mail absentee ballot
13 procedures to absent uniformed services voters and overseas
14 voters.
15 Section 15. Subsections (1) and (13) of section 97.021,
16 Florida Statutes, are amended to read:
17 97.021 Definitions.—For the purposes of this code, except
18 where the context clearly indicates otherwise, the term:
19 (1) “Absent elector” means any registered and qualified
20 voter who casts a vote-by-mail an absentee ballot.
21 (13) “Election costs” shall include, but not be limited to,
22 expenditures for all paper supplies such as envelopes,
23 instructions to voters, affidavits, reports, ballot cards,
24 ballot booklets for vote-by-mail absentee voters, postage,
25 notices to voters; advertisements for registration book
26 closings, testing of voting equipment, sample ballots, and
27 polling places; forms used to qualify candidates; polling site
28 rental and equipment delivery and pickup; data processing time
29 and supplies; election records retention; and labor costs,
30 including those costs uniquely associated with vote-by-mail
31 absentee ballot preparation, poll workers, and election night
32 canvass.
33 Section 16. Section 97.026, Florida Statutes, is amended to
34 read:
35 97.026 Forms to be available in alternative formats and via
36 the Internet.—It is the intent of the Legislature that all forms
37 required to be used in chapters 97-106 shall be made available
38 upon request, in alternative formats. Such forms shall include
39 vote-by-mail absentee ballots as alternative formats for such
40 ballots become available and the Division of Elections is able
41 to certify systems that provide them. Whenever possible, such
42 forms, with the exception of vote-by-mail absentee ballots,
43 shall be made available by the Department of State via the
44 Internet. Sections that contain such forms include, but are not
45 limited to, ss. 97.051, 97.052, 97.053, 97.057, 97.058, 97.0583,
46 97.071, 97.073, 97.1031, 98.075, 99.021, 100.361, 100.371,
47 101.045, 101.171, 101.20, 101.6103, 101.62, 101.64, 101.65,
48 101.657, 105.031, 106.023, and 106.087.
49 Section 17. Paragraph (c) of subsection (4) of section
50 98.065, Florida Statutes, is amended to read:
51 98.065 Registration list maintenance programs.—
52 (4)
53 (c) The supervisor must designate as inactive all voters
54 who have been sent an address confirmation final notice and who
55 have not returned the postage prepaid, preaddressed return form
56 within 30 days or for which the final notice has been returned
57 as undeliverable. Names on the inactive list may not be used to
58 calculate the number of signatures needed on any petition. A
59 voter on the inactive list may be restored to the active list of
60 voters upon the voter updating his or her registration,
61 requesting a vote-by-mail an absentee ballot, or appearing to
62 vote. However, if the voter does not update his or her voter
63 registration information, request a vote-by-mail an absentee
64 ballot, or vote by the second general election after being
65 placed on the inactive list, the voter’s name shall be removed
66 from the statewide voter registration system and the voter shall
67 be required to reregister to have his or her name restored to
68 the statewide voter registration system.
69 Section 18. Subsection (4) of section 98.077, Florida
70 Statutes, is amended to read:
71 98.077 Update of voter signature.—
72 (4) All signature updates for use in verifying vote-by-mail
73 absentee and provisional ballots must be received by the
74 appropriate supervisor of elections no later than the start of
75 the canvassing of vote-by-mail absentee ballots by the
76 canvassing board. The signature on file at the start of the
77 canvass of the vote-by-mail absentee ballots is the signature
78 that shall be used in verifying the signature on the vote-by
79 mail absentee and provisional ballot certificates.
80 Section 19. Paragraphs (b) and (d) of subsection (1) and
81 paragraph (a) of subsection (2) of section 98.0981, Florida
82 Statutes, are amended to read:
83 98.0981 Reports; voting history; statewide voter
84 registration system information; precinct-level election
85 results; book closing statistics.—
86 (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
87 INFORMATION.—
88 (b) After receipt of the information in paragraph (a), the
89 department shall prepare a report in electronic format which
90 contains the following information, separately compiled for the
91 primary and general election for all voters qualified to vote in
92 either election:
93 1. The unique identifier assigned to each qualified voter
94 within the statewide voter registration system;
95 2. All information provided by each qualified voter on his
96 or her voter registration application pursuant to s. 97.052(2),
97 except that which is confidential or exempt from public records
98 requirements;
99 3. Each qualified voter’s date of registration;
100 4. Each qualified voter’s current state representative
101 district, state senatorial district, and congressional district,
102 assigned by the supervisor of elections;
103 5. Each qualified voter’s current precinct; and
104 6. Voting history as transmitted under paragraph (a) to
105 include whether the qualified voter voted at a precinct
106 location, voted during the early voting period, voted by vote
107 by-mail absentee ballot, attempted to vote by vote-by-mail
108 absentee ballot that was not counted, attempted to vote by
109 provisional ballot that was not counted, or did not vote.
110 (d) File specifications are as follows:
111 1. The file shall contain records designated by the
112 categories below for all qualified voters who, regardless of the
113 voter’s county of residence or active or inactive registration
114 status at the book closing for the corresponding election that
115 the file is being created for:
116 a. Voted a regular ballot at a precinct location.
117 b. Voted at a precinct location using a provisional ballot
118 that was subsequently counted.
119 c. Voted a regular ballot during the early voting period.
120 d. Voted during the early voting period using a provisional
121 ballot that was subsequently counted.
122 e. Voted by vote-by-mail absentee ballot.
123 f. Attempted to vote by vote-by-mail absentee ballot, but
124 the ballot was not counted.
125 g. Attempted to vote by provisional ballot, but the ballot
126 was not counted in that election.
127 2. Each file shall be created or converted into a tab
128 delimited format.
129 3. File names shall adhere to the following convention:
130 a. Three-character county identifier as established by the
131 department followed by an underscore.
132 b. Followed by four-character file type identifier of
133 ‘VH03’ followed by an underscore.
134 c. Followed by FVRS election ID followed by an underscore.
135 d. Followed by Date Created followed by an underscore.
136 e. Date format is YYYYMMDD.
137 f. Followed by Time Created - HHMMSS.
138 g. Followed by “.txt”.
139 4. Each record shall contain the following columns: Record
140 Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
141 Date, Vote History Code, Precinct, Congressional District, House
142 District, Senate District, County Commission District, and
143 School Board District.
144 (2) PRECINCT-LEVEL ELECTION RESULTS.—
145 (a) Within 30 days after certification by the Elections
146 Canvassing Commission of a presidential preference primary
147 election, special election, primary election, or general
148 election, the supervisors of elections shall collect and submit
149 to the department precinct-level election results for the
150 election in a uniform electronic format specified by paragraph
151 (c). The precinct-level election results shall be compiled
152 separately for the primary or special primary election that
153 preceded the general or special general election, respectively.
154 The results shall specifically include for each precinct the
155 total of all ballots cast for each candidate or nominee to fill
156 a national, state, county, or district office or proposed
157 constitutional amendment, with subtotals for each candidate and
158 ballot type, unless fewer than 10 voters voted a ballot type.
159 “All ballots cast” means ballots cast by voters who cast a
160 ballot whether at a precinct location, by vote-by-mail absentee
161 ballot including overseas vote-by-mail absentee ballots, during
162 the early voting period, or by provisional ballot.
163 Section 20. Paragraph (b) of subsection (1) of section
164 98.255, Florida Statutes, is amended to read:
165 98.255 Voter education programs.—
166 (1) The Department of State shall adopt rules prescribing
167 minimum standards for nonpartisan voter education. The standards
168 shall, at a minimum, address:
169 (a) Voter registration;
170 (b) Balloting procedures, by mail absentee and polling
171 place;
172 (c) Voter rights and responsibilities;
173 (d) Distribution of sample ballots; and
174 (e) Public service announcements.
175 Section 21. Subsection (3) of section 101.051, Florida
176 Statutes, is amended to read:
177 101.051 Electors seeking assistance in casting ballots;
178 oath to be executed; forms to be furnished.—
179 (3) Any elector applying to cast a vote-by-mail an absentee
180 ballot in the office of the supervisor, in any election, who
181 requires assistance to vote by reason of blindness, disability,
182 or inability to read or write may request the assistance of some
183 person of his or her own choice, other than the elector’s
184 employer, an agent of the employer, or an officer or agent of
185 his or her union, in casting his or her vote-by-mail absentee
186 ballot.
187 Section 22. Paragraph (b) of subsection (1) of section
188 101.151, Florida Statutes, is amended to read:
189 101.151 Specifications for ballots.—
190 (1)
191 (b) Early voting sites may employ a ballot-on-demand
192 production system to print individual marksense ballots,
193 including provisional ballots, for eligible electors pursuant to
194 s. 101.657. Ballot-on-demand technology may be used to produce
195 marksense vote-by-mail absentee and election-day ballots.
196 Section 23. Subsection (3) of section 101.5612, Florida
197 Statutes, is amended to read:
198 101.5612 Testing of tabulating equipment.—
199 (3) For electronic or electromechanical voting systems
200 configured to tabulate vote-by-mail absentee ballots at a
201 central or regional site, the public testing shall be conducted
202 by processing a preaudited group of ballots so produced as to
203 record a predetermined number of valid votes for each candidate
204 and on each measure and to include one or more ballots for each
205 office which have activated voting positions in excess of the
206 number allowed by law in order to test the ability of the
207 automatic tabulating equipment to reject such votes. If any
208 error is detected, the cause therefor shall be corrected and an
209 errorless count shall be made before the automatic tabulating
210 equipment is approved. The test shall be repeated and errorless
211 results achieved immediately before the start of the official
212 count of the ballots and again after the completion of the
213 official count. The programs and ballots used for testing shall
214 be sealed and retained under the custody of the county
215 canvassing board.
216 Section 24. Paragraph (a) of subsection (5) and subsections
217 (7) and (8) of section 101.5614, Florida Statutes, are amended
218 to read:
219 101.5614 Canvass of returns.—
220 (5)(a) If any vote-by-mail absentee ballot is physically
221 damaged so that it cannot properly be counted by the automatic
222 tabulating equipment, a true duplicate copy shall be made of the
223 damaged ballot in the presence of witnesses and substituted for
224 the damaged ballot. Likewise, a duplicate ballot shall be made
225 of a vote-by-mail an absentee ballot containing an overvoted
226 race or a marked vote-by-mail absentee ballot in which every
227 race is undervoted which shall include all valid votes as
228 determined by the canvassing board based on rules adopted by the
229 division pursuant to s. 102.166(4). All duplicate ballots shall
230 be clearly labeled “duplicate,” bear a serial number which shall
231 be recorded on the defective ballot, and be counted in lieu of
232 the defective ballot. After a ballot has been duplicated, the
233 defective ballot shall be placed in an envelope provided for
234 that purpose, and the duplicate ballot shall be tallied with the
235 other ballots for that precinct.
236 (7) Vote-by-mail Absentee ballots may be counted by
237 automatic tabulating equipment if they have been marked in a
238 manner which will enable them to be properly counted by such
239 equipment.
240 (8) The return printed by the automatic tabulating
241 equipment, to which has been added the return of write-in, vote
242 by-mail absentee, and manually counted votes and votes from
243 provisional ballots, shall constitute the official return of the
244 election upon certification by the canvassing board. Upon
245 completion of the count, the returns shall be open to the
246 public. A copy of the returns may be posted at the central
247 counting place or at the office of the supervisor of elections
248 in lieu of the posting of returns at individual precincts.
249 Section 25. Section 101.572, Florida Statutes, is amended
250 to read:
251 101.572 Public inspection of ballots.—The official ballots
252 and ballot cards received from election boards and removed from
253 vote-by-mail absentee ballot mailing envelopes shall be open for
254 public inspection or examination while in the custody of the
255 supervisor of elections or the county canvassing board at any
256 reasonable time, under reasonable conditions; however, no
257 persons other than the supervisor of elections or his or her
258 employees or the county canvassing board shall handle any
259 official ballot or ballot card. If the ballots are being
260 examined prior to the end of the contest period in s. 102.168,
261 the supervisor of elections shall make a reasonable effort to
262 notify all candidates whose names appear on such ballots or
263 ballot cards by telephone or otherwise of the time and place of
264 the inspection or examination. All such candidates, or their
265 representatives, shall be allowed to be present during the
266 inspection or examination.
267 Section 26. Paragraphs (a) and (b) of subsection (2) of
268 section 101.591, Florida Statutes, are amended to read:
269 101.591 Voting system audit.—
270 (2)(a) A manual audit shall consist of a public manual
271 tally of the votes cast in one randomly selected race that
272 appears on the ballot. The tally sheet shall include election
273 day, vote-by-mail absentee, early voting, provisional, and
274 overseas ballots, in at least 1 percent but no more than 2
275 percent of the precincts chosen at random by the county
276 canvassing board or the local board responsible for certifying
277 the election. If 1 percent of the precincts is less than one
278 entire precinct, the audit shall be conducted using at least one
279 precinct chosen at random by the county canvassing board or the
280 local board responsible for certifying the election. Such
281 precincts shall be selected at a publicly noticed canvassing
282 board meeting.
283 (b) An automated audit shall consist of a public automated
284 tally of the votes cast across every race that appears on the
285 ballot. The tally sheet shall include election day, vote-by-mail
286 absentee, early voting, provisional, and overseas ballots in at
287 least 20 percent of the precincts chosen at random by the county
288 canvassing board or the local board responsible for certifying
289 the election. Such precincts shall be selected at a publicly
290 noticed canvassing board meeting.
291 Section 27. Section 101.6105, Florida Statutes, is amended
292 to read:
293 101.6105 Vote-by-mail Absentee voting.—The provisions of
294 the election code relating to vote-by-mail absentee voting and
295 vote-by-mail absentee ballots shall apply to elections under ss.
296 101.6101-101.6107 only insofar as they do not conflict with the
297 provisions of ss. 101.6101-101.6107.
298 Section 28. Section 101.62, Florida Statutes, is amended to
299 read:
300 101.62 Request for vote-by-mail absentee ballots.—
301 (1)(a) The supervisor shall accept a request for a vote-by
302 mail an absentee ballot from an elector in person or in writing.
303 One request shall be deemed sufficient to receive a vote-by-mail
304 an absentee ballot for all elections through the end of the
305 calendar year of the second ensuing regularly scheduled general
306 election, unless the elector or the elector’s designee indicates
307 at the time the request is made the elections for which the
308 elector desires to receive a vote-by-mail an absentee ballot.
309 Such request may be considered canceled when any first-class
310 mail sent by the supervisor to the elector is returned as
311 undeliverable.
312 (b) The supervisor may accept a written or telephonic
313 request for a vote-by-mail an absentee ballot to be mailed to an
314 elector’s address on file in the Florida Voter Registration
315 System from the elector, or, if directly instructed by the
316 elector, a member of the elector’s immediate family, or the
317 elector’s legal guardian; if the ballot is requested to be
318 mailed to an address other than the elector’s address on file in
319 the Florida Voter Registration System, the request must be made
320 in writing and signed by the elector. However, an absent
321 uniformed service voter or an overseas voter seeking a vote-by
322 mail an absentee ballot is not required to submit a signed,
323 written request for a vote-by-mail an absentee ballot that is
324 being mailed to an address other than the elector’s address on
325 file in the Florida Voter Registration System. For purposes of
326 this section, the term “immediate family” has the same meaning
327 as specified in paragraph (4)(c). The person making the request
328 must disclose:
329 1. The name of the elector for whom the ballot is
330 requested.
331 2. The elector’s address.
332 3. The elector’s date of birth.
333 4. The requester’s name.
334 5. The requester’s address.
335 6. The requester’s driver license number, if available.
336 7. The requester’s relationship to the elector.
337 8. The requester’s signature (written requests only).
338 (c) Upon receiving a request for a vote-by-mail an absentee
339 ballot from an absent voter, the supervisor of elections shall
340 notify the voter of the free access system that has been
341 designated by the department for determining the status of his
342 or her vote-by-mail absentee ballot.
343 (2) A request for a vote-by-mail an absentee ballot to be
344 mailed to a voter must be received no later than 5 p.m. on the
345 sixth day before the election by the supervisor of elections.
346 The supervisor of elections shall mail vote-by-mail absentee
347 ballots to voters requesting ballots by such deadline no later
348 than 4 days before the election.
349 (3) For each request for a vote-by-mail an absentee ballot
350 received, the supervisor shall record the date the request was
351 made, the date the vote-by-mail absentee ballot was delivered to
352 the voter or the voter’s designee or the date the vote-by-mail
353 absentee ballot was delivered to the post office or other
354 carrier, the date the ballot was received by the supervisor, the
355 absence of the voter’s signature on the voter’s certificate, if
356 applicable, and such other information he or she may deem
357 necessary. This information shall be provided in electronic
358 format as provided by rule adopted by the division. The
359 information shall be updated and made available no later than 8
360 a.m. of each day, including weekends, beginning 60 days before
361 the primary until 15 days after the general election and shall
362 be contemporaneously provided to the division. This information
363 shall be confidential and exempt from s. 119.07(1) and shall be
364 made available to or reproduced only for the voter requesting
365 the ballot, a canvassing board, an election official, a
366 political party or official thereof, a candidate who has filed
367 qualification papers and is opposed in an upcoming election, and
368 registered political committees for political purposes only.
369 (4)(a) No later than 45 days before each presidential
370 preference primary election, primary election, and general
371 election, the supervisor of elections shall send a vote-by-mail
372 an absentee ballot as provided in subparagraph (c)2. to each
373 absent uniformed services voter and to each overseas voter who
374 has requested a vote-by-mail an absentee ballot.
375 (b) The supervisor of elections shall mail a vote-by-mail
376 an absentee ballot to each absent qualified voter, other than
377 those listed in paragraph (a), who has requested such a ballot,
378 between the 35th and 28th days before the presidential
379 preference primary election, primary election, and general
380 election. Except as otherwise provided in subsection (2) and
381 after the period described in this paragraph, the supervisor
382 shall mail vote-by-mail absentee ballots within 2 business days
383 after receiving a request for such a ballot.
384 (c) The supervisor shall provide a vote-by-mail an absentee
385 ballot to each elector by whom a request for that ballot has
386 been made by one of the following means:
387 1. By nonforwardable, return-if-undeliverable mail to the
388 elector’s current mailing address on file with the supervisor or
389 any other address the elector specifies in the request.
390 2. By forwardable mail, e-mail, or facsimile machine
391 transmission to absent uniformed services voters and overseas
392 voters. The absent uniformed services voter or overseas voter
393 may designate in the vote-by-mail absentee ballot request the
394 preferred method of transmission. If the voter does not
395 designate the method of transmission, the vote-by-mail absentee
396 ballot shall be mailed.
397 3. By personal delivery before 7 p.m. on election day to
398 the elector, upon presentation of the identification required in
399 s. 101.043.
400 4. By delivery to a designee on election day or up to 5
401 days prior to the day of an election. Any elector may designate
402 in writing a person to pick up the ballot for the elector;
403 however, the person designated may not pick up more than two
404 vote-by-mail absentee ballots per election, other than the
405 designee’s own ballot, except that additional ballots may be
406 picked up for members of the designee’s immediate family. For
407 purposes of this section, “immediate family” means the
408 designee’s spouse or the parent, child, grandparent, or sibling
409 of the designee or of the designee’s spouse. The designee shall
410 provide to the supervisor the written authorization by the
411 elector and a picture identification of the designee and must
412 complete an affidavit. The designee shall state in the affidavit
413 that the designee is authorized by the elector to pick up that
414 ballot and shall indicate if the elector is a member of the
415 designee’s immediate family and, if so, the relationship. The
416 department shall prescribe the form of the affidavit. If the
417 supervisor is satisfied that the designee is authorized to pick
418 up the ballot and that the signature of the elector on the
419 written authorization matches the signature of the elector on
420 file, the supervisor shall give the ballot to that designee for
421 delivery to the elector.
422 5. Except as provided in s. 101.655, the supervisor may not
423 deliver a vote-by-mail an absentee ballot to an elector or an
424 elector’s immediate family member on the day of the election
425 unless there is an emergency, to the extent that the elector
426 will be unable to go to his or her assigned polling place. If a
427 vote-by-mail an absentee ballot is delivered, the elector or his
428 or her designee shall execute an affidavit affirming to the
429 facts which allow for delivery of the vote-by-mail absentee
430 ballot. The department shall adopt a rule providing for the form
431 of the affidavit.
432 (5) If the department is unable to certify candidates for
433 an election in time to comply with paragraph (4)(a), the
434 Department of State is authorized to prescribe rules for a
435 ballot to be sent to absent uniformed services voters and
436 overseas voters.
437 (6) Nothing other than the materials necessary to vote by
438 mail absentee shall be mailed or delivered with any vote-by-mail
439 absentee ballot.
440 Section 29. Subsections (1) and (4) of section 101.64,
441 Florida Statutes, are amended to read:
442 101.64 Delivery of vote-by-mail absentee ballots;
443 envelopes; form.—
444 (1) The supervisor shall enclose with each vote-by-mail
445 absentee ballot two envelopes: a secrecy envelope, into which
446 the absent elector shall enclose his or her marked ballot; and a
447 mailing envelope, into which the absent elector shall then place
448 the secrecy envelope, which shall be addressed to the supervisor
449 and also bear on the back side a certificate in substantially
450 the following form:
451
452 Note: Please Read Instructions Carefully Before
453 Marking Ballot and Completing Voter’s Certificate.
454
455 VOTER’S CERTIFICATE
456 I, ...., do solemnly swear or affirm that I am a qualified
457 and registered voter of .... County, Florida, and that I have
458 not and will not vote more than one ballot in this election. I
459 understand that if I commit or attempt to commit any fraud in
460 connection with voting, vote a fraudulent ballot, or vote more
461 than once in an election, I can be convicted of a felony of the
462 third degree and fined up to $5,000 and/or imprisoned for up to
463 5 years. I also understand that failure to sign this certificate
464 will invalidate my ballot.
465
466 ...(Date)... ...(Voter’s Signature)...
467
468 (4) The supervisor shall mark, code, indicate on, or
469 otherwise track the precinct of the absent elector for each
470 vote-by-mail absentee ballot.
471 Section 30. Section 101.65, Florida Statutes, is amended to
472 read:
473 101.65 Instructions to absent electors.—The supervisor
474 shall enclose with each vote-by-mail absentee ballot separate
475 printed instructions in substantially the following form:
476
477 READ THESE INSTRUCTIONS CAREFULLY
478 BEFORE MARKING BALLOT.
479 1. VERY IMPORTANT. In order to ensure that your vote-by
480 mail absentee ballot will be counted, it should be completed and
481 returned as soon as possible so that it can reach the supervisor
482 of elections of the county in which your precinct is located no
483 later than 7 p.m. on the day of the election. However, if you
484 are an overseas voter casting a ballot in a presidential
485 preference primary or general election, your vote-by-mail
486 absentee ballot must be postmarked or dated no later than the
487 date of the election and received by the supervisor of elections
488 of the county in which you are registered to vote no later than
489 10 days after the date of the election.
490 2. Mark your ballot in secret as instructed on the ballot.
491 You must mark your own ballot unless you are unable to do so
492 because of blindness, disability, or inability to read or write.
493 3. Mark only the number of candidates or issue choices for
494 a race as indicated on the ballot. If you are allowed to “Vote
495 for One” candidate and you vote for more than one candidate,
496 your vote in that race will not be counted.
497 4. Place your marked ballot in the enclosed secrecy
498 envelope.
499 5. Insert the secrecy envelope into the enclosed mailing
500 envelope which is addressed to the supervisor.
501 6. Seal the mailing envelope and completely fill out the
502 Voter’s Certificate on the back of the mailing envelope.
503 7. VERY IMPORTANT. In order for your vote-by-mail absentee
504 ballot to be counted, you must sign your name on the line above
505 (Voter’s Signature). A vote-by-mail An absentee ballot will be
506 considered illegal and not be counted if the signature on the
507 voter’s certificate does not match the signature on record. The
508 signature on file at the start of the canvass of the vote-by
509 mail absentee ballots is the signature that will be used to
510 verify your signature on the voter’s certificate. If you need to
511 update your signature for this election, send your signature
512 update on a voter registration application to your supervisor of
513 elections so that it is received no later than the start of the
514 canvassing of vote-by-mail absentee ballots, which occurs no
515 earlier than the 15th day before election day.
516 8. VERY IMPORTANT. If you are an overseas voter, you must
517 include the date you signed the Voter’s Certificate on the line
518 above (Date) or your ballot may not be counted.
519 9. Mail, deliver, or have delivered the completed mailing
520 envelope. Be sure there is sufficient postage if mailed.
521 10. FELONY NOTICE. It is a felony under Florida law to
522 accept any gift, payment, or gratuity in exchange for your vote
523 for a candidate. It is also a felony under Florida law to vote
524 in an election using a false identity or false address, or under
525 any other circumstances making your ballot false or fraudulent.
526 Section 31. Subsections (1) and (2) of section 101.655,
527 Florida Statutes, are amended to read:
528 101.655 Supervised voting by absent electors in certain
529 facilities.—
530 (1) The supervisor of elections of a county shall provide
531 supervised voting for absent electors residing in any assisted
532 living facility, as defined in s. 429.02, or nursing home
533 facility, as defined in s. 400.021, within that county at the
534 request of any administrator of such a facility. Such request
535 for supervised voting in the facility shall be made by
536 submitting a written request to the supervisor of elections no
537 later than 21 days prior to the election for which that request
538 is submitted. The request shall specify the name and address of
539 the facility and the name of the electors who wish to vote by
540 mail absentee in that election. If the request contains the
541 names of fewer than five voters, the supervisor of elections is
542 not required to provide supervised voting.
543 (2) The supervisor of elections may, in the absence of a
544 request from the administrator of a facility, provide for
545 supervised voting in the facility for those persons who have
546 requested vote-by-mail absentee ballots. The supervisor of
547 elections shall notify the administrator of the facility that
548 supervised voting will occur.
549 Section 32. Section 101.661, Florida Statutes, is amended
550 to read:
551 101.661 Voting vote-by-mail absentee ballots.—All electors
552 must personally mark or designate their choices on the vote-by
553 mail absentee ballot, except:
554 (1) Electors who require assistance to vote because of
555 blindness, disability, or inability to read or write, who may
556 have some person of the elector’s choice, other than the
557 elector’s employer, an agent of the employer, or an officer or
558 agent of the elector’s union, mark the elector’s choices or
559 assist the elector in marking his or her choices on the ballot.
560 (2) As otherwise provided in s. 101.051 or s. 101.655.
561 Section 33. Section 101.662, Florida Statutes, is amended
562 to read:
563 101.662 Accessibility of vote-by-mail absentee ballots.—It
564 is the intent of the Legislature that voting by vote-by-mail
565 absentee ballot be by methods that are fully accessible to all
566 voters, including voters having a disability. The Department of
567 State shall work with the supervisors of elections and the
568 disability community to develop and implement procedures and
569 technologies, as possible, which will include procedures for
570 providing vote-by-mail absentee ballots, upon request, in
571 alternative formats that will allow all voters to cast a secret,
572 independent, and verifiable vote-by-mail absentee ballot without
573 the assistance of another person.
574 Section 34. Section 101.67, Florida Statutes, is amended to
575 read:
576 101.67 Safekeeping of mailed ballots; deadline for
577 receiving vote-by-mail absentee ballots.—
578 (1) The supervisor of elections shall safely keep in his or
579 her office any envelopes received containing marked ballots of
580 absent electors, and he or she shall, before the canvassing of
581 the election returns, deliver the envelopes to the county
582 canvassing board along with his or her file or list kept
583 regarding said ballots.
584 (2) Except as provided in s. 101.6952(5), all marked absent
585 electors’ ballots to be counted must be received by the
586 supervisor by 7 p.m. the day of the election. All ballots
587 received thereafter shall be marked with the time and date of
588 receipt and filed in the supervisor’s office.
589 Section 35. Section 101.68, Florida Statutes, is amended to
590 read:
591 101.68 Canvassing of vote-by-mail absentee ballot.—
592 (1) The supervisor of the county where the absent elector
593 resides shall receive the voted ballot, at which time the
594 supervisor shall compare the signature of the elector on the
595 voter’s certificate with the signature of the elector in the
596 registration books or the precinct register to determine whether
597 the elector is duly registered in the county and may record on
598 the elector’s registration certificate that the elector has
599 voted. However, effective July 1, 2005, an elector who dies
600 after casting a vote-by-mail an absentee ballot but on or before
601 election day shall remain listed in the registration books until
602 the results have been certified for the election in which the
603 ballot was cast. The supervisor shall safely keep the ballot
604 unopened in his or her office until the county canvassing board
605 canvasses the vote. Except as provided in subsection (4), after
606 a vote-by-mail an absentee ballot is received by the supervisor,
607 the ballot is deemed to have been cast, and changes or additions
608 may not be made to the voter’s certificate.
609 (2)(a) The county canvassing board may begin the canvassing
610 of vote-by-mail absentee ballots at 7 a.m. on the 15th day
611 before the election, but not later than noon on the day
612 following the election. In addition, for any county using
613 electronic tabulating equipment, the processing of vote-by-mail
614 absentee ballots through such tabulating equipment may begin at
615 7 a.m. on the 15th day before the election. However,
616 notwithstanding any such authorization to begin canvassing or
617 otherwise processing vote-by-mail absentee ballots early, no
618 result shall be released until after the closing of the polls in
619 that county on election day. Any supervisor of elections, deputy
620 supervisor of elections, canvassing board member, election board
621 member, or election employee who releases the results of a
622 canvassing or processing of vote-by-mail absentee ballots prior
623 to the closing of the polls in that county on election day
624 commits a felony of the third degree, punishable as provided in
625 s. 775.082, s. 775.083, or s. 775.084.
626 (b) To ensure that all vote-by-mail absentee ballots to be
627 counted by the canvassing board are accounted for, the
628 canvassing board shall compare the number of ballots in its
629 possession with the number of requests for ballots received to
630 be counted according to the supervisor’s file or list.
631 (c)1. The canvassing board shall, if the supervisor has not
632 already done so, compare the signature of the elector on the
633 voter’s certificate or on the vote-by-mail absentee ballot
634 affidavit as provided in subsection (4) with the signature of
635 the elector in the registration books or the precinct register
636 to see that the elector is duly registered in the county and to
637 determine the legality of that vote-by-mail absentee ballot. The
638 ballot of an elector who casts a vote-by-mail an absentee ballot
639 shall be counted even if the elector dies on or before election
640 day, as long as, prior to the death of the voter, the ballot was
641 postmarked by the United States Postal Service, date-stamped
642 with a verifiable tracking number by a common carrier, or
643 already in the possession of the supervisor of elections. A
644 vote-by-mail An absentee ballot shall be considered illegal if
645 the voter’s certificate or vote-by-mail absentee ballot
646 affidavit does not include the signature of the elector, as
647 shown by the registration records or the precinct register.
648 However, a vote-by-mail an absentee ballot is not considered
649 illegal if the signature of the elector does not cross the seal
650 of the mailing envelope. If the canvassing board determines that
651 any ballot is illegal, a member of the board shall, without
652 opening the envelope, mark across the face of the envelope:
653 “rejected as illegal.” The vote-by-mail absentee ballot
654 affidavit, if applicable, the envelope, and the ballot contained
655 therein shall be preserved in the manner that official ballots
656 voted are preserved.
657 2. If any elector or candidate present believes that a
658 vote-by-mail an absentee ballot is illegal due to a defect
659 apparent on the voter’s certificate or the vote-by-mail absentee
660 ballot affidavit, he or she may, at any time before the ballot
661 is removed from the envelope, file with the canvassing board a
662 protest against the canvass of that ballot, specifying the
663 precinct, the ballot, and the reason he or she believes the
664 ballot to be illegal. A challenge based upon a defect in the
665 voter’s certificate or vote-by-mail absentee ballot affidavit
666 may not be accepted after the ballot has been removed from the
667 mailing envelope.
668 (d) The canvassing board shall record the ballot upon the
669 proper record, unless the ballot has been previously recorded by
670 the supervisor. The mailing envelopes shall be opened and the
671 secrecy envelopes shall be mixed so as to make it impossible to
672 determine which secrecy envelope came out of which signed
673 mailing envelope; however, in any county in which an electronic
674 or electromechanical voting system is used, the ballots may be
675 sorted by ballot styles and the mailing envelopes may be opened
676 and the secrecy envelopes mixed separately for each ballot
677 style. The votes on vote-by-mail absentee ballots shall be
678 included in the total vote of the county.
679 (3) The supervisor or the chair of the county canvassing
680 board shall, after the board convenes, have custody of the vote
681 by-mail absentee ballots until a final proclamation is made as
682 to the total vote received by each candidate.
683 (4)(a) The supervisor of elections shall, on behalf of the
684 county canvassing board, notify each elector whose ballot was
685 rejected as illegal and provide the specific reason the ballot
686 was rejected. The supervisor shall mail a voter registration
687 application to the elector to be completed indicating the
688 elector’s current signature if the elector’s ballot was rejected
689 due to a difference between the elector’s signature on the
690 voter’s certificate or vote-by-mail absentee ballot affidavit
691 and the elector’s signature in the registration books or
692 precinct register. This section does not prohibit the supervisor
693 from providing additional methods for updating an elector’s
694 signature.
695 (b) Until 5 p.m. on the day before an election, the
696 supervisor shall allow an elector who has returned a vote-by
697 mail an absentee ballot that does not include the elector’s
698 signature to complete and submit an affidavit in order to cure
699 the unsigned vote-by-mail absentee ballot.
700 (c) The elector shall provide identification to the
701 supervisor and must complete a vote-by-mail an absentee ballot
702 affidavit in substantially the following form:
703
704 VOTE-BY-MAIL ABSENTEE BALLOT AFFIDAVIT
705 I, ...., am a qualified voter in this election and
706 registered voter of .... County, Florida. I do solemnly swear or
707 affirm that I requested and returned the vote-by-mail absentee
708 ballot and that I have not and will not vote more than one
709 ballot in this election. I understand that if I commit or
710 attempt any fraud in connection with voting, vote a fraudulent
711 ballot, or vote more than once in an election, I may be
712 convicted of a felony of the third degree and fined up to $5,000
713 and imprisoned for up to 5 years. I understand that my failure
714 to sign this affidavit means that my vote-by-mail absentee
715 ballot will be invalidated.
716
717 ...(Voter’s Signature)...
718
719 ...(Address)...
720
721 (d) Instructions must accompany the vote-by-mail absentee
722 ballot affidavit in substantially the following form:
723
724 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
725 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
726 BALLOT NOT TO COUNT.
727
728 1. In order to ensure that your vote-by-mail absentee
729 ballot will be counted, your affidavit should be completed and
730 returned as soon as possible so that it can reach the supervisor
731 of elections of the county in which your precinct is located no
732 later than 5 p.m. on the 2nd day before the election.
733 2. You must sign your name on the line above (Voter’s
734 Signature).
735 3. You must make a copy of one of the following forms of
736 identification:
737 a. Identification that includes your name and photograph:
738 United States passport; debit or credit card; military
739 identification; student identification; retirement center
740 identification; neighborhood association identification; or
741 public assistance identification; or
742 b. Identification that shows your name and current
743 residence address: current utility bill, bank statement,
744 government check, paycheck, or government document (excluding
745 voter identification card).
746 4. Place the envelope bearing the affidavit into a mailing
747 envelope addressed to the supervisor. Insert a copy of your
748 identification in the mailing envelope. Mail, deliver, or have
749 delivered the completed affidavit along with the copy of your
750 identification to your county supervisor of elections. Be sure
751 there is sufficient postage if mailed and that the supervisor’s
752 address is correct.
753 5. Alternatively, you may fax or e-mail your completed
754 affidavit and a copy of your identification to the supervisor of
755 elections. If e-mailing, please provide these documents as
756 attachments.
757 (e) The department and each supervisor shall include the
758 affidavit and instructions on their respective websites. The
759 supervisor must include his or her office’s mailing address, e
760 mail address, and fax number on the page containing the
761 affidavit instructions; the department’s instruction page must
762 include the office mailing addresses, e-mail addresses, and fax
763 numbers of all supervisors of elections or provide a conspicuous
764 link to such addresses.
765 (f) The supervisor shall attach each affidavit received to
766 the appropriate vote-by-mail absentee ballot mailing envelope.
767 Section 36. Section 101.69, Florida Statutes, is amended to
768 read:
769 101.69 Voting in person; return of vote-by-mail absentee
770 ballot.—The provisions of this code shall not be construed to
771 prohibit any elector from voting in person at the elector’s
772 precinct on the day of an election or at an early voting site,
773 notwithstanding that the elector has requested a vote-by-mail an
774 absentee ballot for that election. An elector who has returned a
775 voted vote-by-mail absentee ballot to the supervisor, however,
776 is deemed to have cast his or her ballot and is not entitled to
777 vote another ballot or to have a provisional ballot counted by
778 the county canvassing board. An elector who has received a vote
779 by-mail an absentee ballot and has not returned the voted ballot
780 to the supervisor, but desires to vote in person, shall return
781 the ballot, whether voted or not, to the election board in the
782 elector’s precinct or to an early voting site. The returned
783 ballot shall be marked “canceled” by the board and placed with
784 other canceled ballots. However, if the elector does not return
785 the ballot and the election official:
786 (1) Confirms that the supervisor has received the elector’s
787 vote-by-mail absentee ballot, the elector shall not be allowed
788 to vote in person. If the elector maintains that he or she has
789 not returned the vote-by-mail absentee ballot or remains
790 eligible to vote, the elector shall be provided a provisional
791 ballot as provided in s. 101.048.
792 (2) Confirms that the supervisor has not received the
793 elector’s vote-by-mail absentee ballot, the elector shall be
794 allowed to vote in person as provided in this code. The
795 elector’s vote-by-mail absentee ballot, if subsequently
796 received, shall not be counted and shall remain in the mailing
797 envelope, and the envelope shall be marked “Rejected as
798 Illegal.”
799 (3) Cannot determine whether the supervisor has received
800 the elector’s vote-by-mail absentee ballot, the elector may vote
801 a provisional ballot as provided in s. 101.048.
802 Section 37. Subsections (1) and (2) of section 101.6921,
803 Florida Statutes, are amended to read:
804 101.6921 Delivery of special vote-by-mail absentee ballot
805 to certain first-time voters.—
806 (1) The provisions of this section apply to voters who are
807 subject to the provisions of s. 97.0535 and who have not
808 provided the identification or certification required by s.
809 97.0535 by the time the vote-by-mail absentee ballot is mailed.
810 (2) The supervisor shall enclose with each vote-by-mail
811 absentee ballot three envelopes: a secrecy envelope, into which
812 the absent elector will enclose his or her marked ballot; an
813 envelope containing the Voter’s Certificate, into which the
814 absent elector shall place the secrecy envelope; and a mailing
815 envelope, which shall be addressed to the supervisor and into
816 which the absent elector will place the envelope containing the
817 Voter’s Certificate and a copy of the required identification.
818 Section 38. Section 101.6923, Florida Statutes, is amended
819 to read:
820 101.6923 Special vote-by-mail absentee ballot instructions
821 for certain first-time voters.—
822 (1) The provisions of this section apply to voters who are
823 subject to the provisions of s. 97.0535 and who have not
824 provided the identification or information required by s.
825 97.0535 by the time the vote-by-mail absentee ballot is mailed.
826 (2) A voter covered by this section shall be provided with
827 printed instructions with his or her vote-by-mail absentee
828 ballot in substantially the following form:
829
830 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
831 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
832 YOUR BALLOT NOT TO COUNT.
833
834 1. In order to ensure that your vote-by-mail absentee
835 ballot will be counted, it should be completed and returned as
836 soon as possible so that it can reach the supervisor of
837 elections of the county in which your precinct is located no
838 later than 7 p.m. on the date of the election. However, if you
839 are an overseas voter casting a ballot in a presidential
840 preference primary or general election, your vote-by-mail
841 absentee ballot must be postmarked or dated no later than the
842 date of the election and received by the supervisor of elections
843 of the county in which you are registered to vote no later than
844 10 days after the date of the election.
845 2. Mark your ballot in secret as instructed on the ballot.
846 You must mark your own ballot unless you are unable to do so
847 because of blindness, disability, or inability to read or write.
848 3. Mark only the number of candidates or issue choices for
849 a race as indicated on the ballot. If you are allowed to “Vote
850 for One” candidate and you vote for more than one, your vote in
851 that race will not be counted.
852 4. Place your marked ballot in the enclosed secrecy
853 envelope and seal the envelope.
854 5. Insert the secrecy envelope into the enclosed envelope
855 bearing the Voter’s Certificate. Seal the envelope and
856 completely fill out the Voter’s Certificate on the back of the
857 envelope.
858 a. You must sign your name on the line above (Voter’s
859 Signature).
860 b. If you are an overseas voter, you must include the date
861 you signed the Voter’s Certificate on the line above (Date) or
862 your ballot may not be counted.
863 c. A vote-by-mail An absentee ballot will be considered
864 illegal and will not be counted if the signature on the Voter’s
865 Certificate does not match the signature on record. The
866 signature on file at the start of the canvass of the vote-by
867 mail absentee ballots is the signature that will be used to
868 verify your signature on the Voter’s Certificate. If you need to
869 update your signature for this election, send your signature
870 update on a voter registration application to your supervisor of
871 elections so that it is received no later than the start of
872 canvassing of vote-by-mail absentee ballots, which occurs no
873 earlier than the 15th day before election day.
874 6. Unless you meet one of the exemptions in Item 7., you
875 must make a copy of one of the following forms of
876 identification:
877 a. Identification which must include your name and
878 photograph: United States passport; debit or credit card;
879 military identification; student identification; retirement
880 center identification; neighborhood association identification;
881 or public assistance identification; or
882 b. Identification which shows your name and current
883 residence address: current utility bill, bank statement,
884 government check, paycheck, or government document (excluding
885 voter identification card).
886 7. The identification requirements of Item 6. do not apply
887 if you meet one of the following requirements:
888 a. You are 65 years of age or older.
889 b. You have a temporary or permanent physical disability.
890 c. You are a member of a uniformed service on active duty
891 who, by reason of such active duty, will be absent from the
892 county on election day.
893 d. You are a member of the Merchant Marine who, by reason
894 of service in the Merchant Marine, will be absent from the
895 county on election day.
896 e. You are the spouse or dependent of a member referred to
897 in paragraph c. or paragraph d. who, by reason of the active
898 duty or service of the member, will be absent from the county on
899 election day.
900 f. You are currently residing outside the United States.
901 8. Place the envelope bearing the Voter’s Certificate into
902 the mailing envelope addressed to the supervisor. Insert a copy
903 of your identification in the mailing envelope. DO NOT PUT YOUR
904 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
905 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
906 BALLOT WILL NOT COUNT.
907 9. Mail, deliver, or have delivered the completed mailing
908 envelope. Be sure there is sufficient postage if mailed.
909 10. FELONY NOTICE. It is a felony under Florida law to
910 accept any gift, payment, or gratuity in exchange for your vote
911 for a candidate. It is also a felony under Florida law to vote
912 in an election using a false identity or false address, or under
913 any other circumstances making your ballot false or fraudulent.
914 Section 39. Subsections (1) and (2) of section 101.6925,
915 Florida Statutes, are amended to read:
916 101.6925 Canvassing special vote-by-mail absentee ballots.—
917 (1) The supervisor of the county where the absent elector
918 resides shall receive the voted special vote-by-mail absentee
919 ballot, at which time the mailing envelope shall be opened to
920 determine if the voter has enclosed the identification required
921 or has indicated on the Voter’s Certificate that he or she is
922 exempt from the identification requirements.
923 (2) If the identification is enclosed or the voter has
924 indicated that he or she is exempt from the identification
925 requirements, the supervisor shall make the note on the
926 registration records of the voter and proceed to canvass the
927 vote-by-mail absentee ballot as provided in s. 101.68.
928 Section 40. Section 101.694, Florida Statutes, is amended
929 to read:
930 101.694 Mailing of ballots upon receipt of federal postcard
931 application.—
932 (1) Upon receipt of a federal postcard application for a
933 vote-by-mail an absentee ballot executed by a person whose
934 registration is in order or whose application is sufficient to
935 register or update the registration of that person, the
936 supervisor shall send the ballot in accordance with s.
937 101.62(4).
938 (2) Upon receipt of a federal postcard application for a
939 vote-by-mail an absentee ballot executed by a person whose
940 registration is not in order and whose application is
941 insufficient to register or update the registration of that
942 person, the supervisor shall follow the procedure set forth in
943 s. 97.073.
944 (3) Vote-by-mail Absentee envelopes printed for voters
945 entitled to vote by mail absentee under the Uniformed and
946 Overseas Citizens Absentee Voting Act shall meet the
947 specifications as determined by the Federal Voting Assistance
948 Program of the United States Department of Defense and the
949 United States Postal Service.
950 (4) Cognizance shall be taken of the fact that vote-by-mail
951 absentee ballots and other materials such as instructions and
952 envelopes are to be carried via air mail, and, to the maximum
953 extent possible, such ballots and materials shall be reduced in
954 size and weight of paper. The same ballot shall be used,
955 however, as is used by other vote-by-mail absentee voters.
956 Section 41. Subsections (1) and (4) of section 101.6951,
957 Florida Statutes, are amended to read:
958 101.6951 State write-in vote-by-mail ballot.—
959 (1) An overseas voter may request, not earlier than 180
960 days before a general election, a state write-in vote-by-mail
961 absentee ballot from the supervisor of elections in the county
962 of registration. In order to receive a state write-in ballot,
963 the voter shall state that due to military or other
964 contingencies that preclude normal mail delivery, the voter
965 cannot vote a vote-by-mail an absentee ballot during the normal
966 vote-by-mail absentee voting period. State write-in vote-by-mail
967 absentee ballots shall be made available to voters 90 to 180
968 days prior to a general election. The Department of State shall
969 prescribe by rule the form of the state write-in vote-by-mail
970 ballot.
971 (4) The state write-in vote-by-mail ballot shall contain
972 all offices, federal, state, and local, for which the voter
973 would otherwise be entitled to vote.
974 Section 42. Section 101.6952, Florida Statutes, is amended
975 to read:
976 101.6952 Vote-by-mail Absentee ballots for absent uniformed
977 services and overseas voters.—
978 (1) If an absent uniformed services voter’s or an overseas
979 voter’s request for an official vote-by-mail absentee ballot
980 pursuant to s. 101.62 includes an e-mail address, the supervisor
981 of elections shall:
982 (a) Record the voter’s e-mail address in the vote-by-mail
983 absentee ballot record;
984 (b) Confirm by e-mail that the vote-by-mail absentee ballot
985 request was received and include in that e-mail the estimated
986 date the vote-by-mail absentee ballot will be sent to the voter;
987 and
988 (c) Notify the voter by e-mail when the voted vote-by-mail
989 absentee ballot is received by the supervisor of elections.
990 (2)(a) An absent uniformed services voter or an overseas
991 voter who makes timely application for but does not receive an
992 official vote-by-mail absentee ballot may use the federal write
993 in absentee ballot to vote in any federal election and any state
994 or local election involving two or more candidates.
995 (b)1. In an election for federal office, an elector may
996 designate a candidate by writing the name of a candidate on the
997 ballot. Except for a primary or special primary election, the
998 elector may alternatively designate a candidate by writing the
999 name of a political party on the ballot. A written designation
1000 of the political party shall be counted as a vote for the
1001 candidate of that party if there is such a party candidate in
1002 the race.
1003 2. In an election for a state or local office, an elector
1004 may vote in the section of the federal write-in absentee ballot
1005 designated for nonfederal races by writing on the ballot the
1006 title of each office and by writing on the ballot the name of
1007 the candidate for whom the elector is voting. Except for a
1008 primary, special primary, or nonpartisan election, the elector
1009 may alternatively designate a candidate by writing the name of a
1010 political party on the ballot. A written designation of the
1011 political party shall be counted as a vote for the candidate of
1012 that party if there is such a party candidate in the race.
1013 (c) In the case of a joint candidacy, such as for the
1014 offices of President/Vice President or Governor/Lieutenant
1015 Governor, a valid vote for one or both qualified candidates on
1016 the same ticket shall constitute a vote for the joint candidacy.
1017 (d) For purposes of this subsection and except where the
1018 context clearly indicates otherwise, such as where a candidate
1019 in the election is affiliated with a political party whose name
1020 includes the word “Independent,” “Independence,” or similar
1021 term, a voter designation of “No Party Affiliation” or
1022 “Independent,” or any minor variation, misspelling, or
1023 abbreviation thereof, shall be considered a designation for the
1024 candidate, other than a write-in candidate, who qualified to run
1025 in the race with no party affiliation. If more than one
1026 candidate qualifies to run as a candidate with no party
1027 affiliation, the designation shall not count for any candidate
1028 unless there is a valid, additional designation of the
1029 candidate’s name.
1030 (e) Any abbreviation, misspelling, or other minor variation
1031 in the form of the name of an office, the name of a candidate,
1032 or the name of a political party must be disregarded in
1033 determining the validity of the ballot.
1034 (3)(a) An absent uniformed services voter or an overseas
1035 voter who submits a federal write-in absentee ballot and later
1036 receives an official vote-by-mail absentee ballot may submit the
1037 official vote-by-mail absentee ballot. An elector who submits a
1038 federal write-in absentee ballot and later receives and submits
1039 an official vote-by-mail absentee ballot should make every
1040 reasonable effort to inform the appropriate supervisor of
1041 elections that the elector has submitted more than one ballot.
1042 (b) A federal write-in absentee ballot may not be canvassed
1043 until 7 p.m. on the day of the election. Each federal write-in
1044 absentee ballot received by 7 p.m. on the day of the election
1045 shall be canvassed pursuant to ss. 101.5614(5) and 101.68,
1046 unless the elector’s official vote-by-mail absentee ballot is
1047 received by 7 p.m. on election day. If the elector’s official
1048 vote-by-mail absentee ballot is received by 7 p.m. on election
1049 day, the federal write-in absentee ballot is invalid and the
1050 official vote-by-mail absentee ballot shall be canvassed. The
1051 time shall be regulated by the customary time in standard use in
1052 the county seat of the locality.
1053 (4) For vote-by-mail absentee ballots received from absent
1054 uniformed services voters or overseas voters, there is a
1055 presumption that the envelope was mailed on the date stated on
1056 the outside of the return envelope, regardless of the absence of
1057 a postmark on the mailed envelope or the existence of a postmark
1058 date that is later than the date of the election.
1059 (5) A vote-by-mail An absentee ballot from an overseas
1060 voter in any presidential preference primary or general election
1061 which is postmarked or dated no later than the date of the
1062 election and is received by the supervisor of elections of the
1063 county in which the overseas voter is registered no later than
1064 10 days after the date of the election shall be counted as long
1065 as the vote-by-mail absentee ballot is otherwise proper.
1066 Section 43. Section 101.697, Florida Statutes, is amended
1067 to read:
1068 101.697 Electronic transmission of election materials.—The
1069 Department of State shall determine whether secure electronic
1070 means can be established for receiving ballots from overseas
1071 voters. If such security can be established, the department
1072 shall adopt rules to authorize a supervisor of elections to
1073 accept from an overseas voter a request for a vote-by-mail an
1074 absentee ballot or a voted vote-by-mail absentee ballot by
1075 secure facsimile machine transmission or other secure electronic
1076 means. The rules must provide that in order to accept a voted
1077 ballot, the verification of the voter must be established, the
1078 security of the transmission must be established, and each
1079 ballot received must be recorded.
1080 Section 44. Paragraph (a) of subsection (4) of section
1081 102.031, Florida Statutes, is amended to read:
1082 102.031 Maintenance of good order at polls; authorities;
1083 persons allowed in polling rooms and early voting areas;
1084 unlawful solicitation of voters.—
1085 (4)(a) No person, political committee, or other group or
1086 organization may solicit voters inside the polling place or
1087 within 100 feet of the entrance to any polling place, a polling
1088 room where the polling place is also a polling room, an early
1089 voting site, or an office of the supervisor of elections where
1090 vote-by-mail absentee ballots are requested and printed on
1091 demand for the convenience of electors who appear in person to
1092 request them. Before the opening of the polling place or early
1093 voting site, the clerk or supervisor shall designate the no
1094 solicitation zone and mark the boundaries.
1095 Section 45. Subsections (2), (3), and (4) of section
1096 102.141, Florida Statutes, are amended to read:
1097 102.141 County canvassing board; duties.—
1098 (2) The county canvassing board shall meet in a building
1099 accessible to the public in the county where the election
1100 occurred at a time and place to be designated by the supervisor
1101 of elections to publicly canvass the absent absentee electors’
1102 ballots as provided for in s. 101.68 and provisional ballots as
1103 provided by ss. 101.048, 101.049, and 101.6925. Provisional
1104 ballots cast pursuant to s. 101.049 shall be canvassed in a
1105 manner that votes for candidates and issues on those ballots can
1106 be segregated from other votes. Public notice of the time and
1107 place at which the county canvassing board shall meet to canvass
1108 the absent absentee electors’ ballots and provisional ballots
1109 shall be given at least 48 hours prior thereto by publication on
1110 the supervisor of elections’ website and once in one or more
1111 newspapers of general circulation in the county or, if there is
1112 no newspaper of general circulation in the county, by posting
1113 such notice in at least four conspicuous places in the county.
1114 As soon as the absent absentee electors’ ballots and the
1115 provisional ballots are canvassed, the board shall proceed to
1116 publicly canvass the vote given each candidate, nominee,
1117 constitutional amendment, or other measure submitted to the
1118 electorate of the county, as shown by the returns then on file
1119 in the office of the supervisor of elections.
1120 (3) The canvass, except the canvass of absent absentee
1121 electors’ returns and the canvass of provisional ballots, shall
1122 be made from the returns and certificates of the inspectors as
1123 signed and filed by them with the supervisor, and the county
1124 canvassing board shall not change the number of votes cast for a
1125 candidate, nominee, constitutional amendment, or other measure
1126 submitted to the electorate of the county, respectively, in any
1127 polling place, as shown by the returns. All returns shall be
1128 made to the board on or before 2 a.m. of the day following any
1129 primary, general, or other election. If the returns from any
1130 precinct are missing, if there are any omissions on the returns
1131 from any precinct, or if there is an obvious error on any such
1132 returns, the canvassing board shall order a retabulation of the
1133 returns from such precinct. Before canvassing such returns, the
1134 canvassing board shall examine the tabulation of the ballots
1135 cast in such precinct and determine whether the returns
1136 correctly reflect the votes cast. If there is a discrepancy
1137 between the returns and the tabulation of the ballots cast, the
1138 tabulation of the ballots cast shall be presumed correct and
1139 such votes shall be canvassed accordingly.
1140 (4)(a) The supervisor of elections shall upload into the
1141 county’s election management system by 7 p.m. on the day before
1142 the election the results of all early voting and vote-by-mail
1143 absentee ballots that have been canvassed and tabulated by the
1144 end of the early voting period. Pursuant to ss. 101.5614(9),
1145 101.657, and 101.68(2), the tabulation of votes cast or the
1146 results of such uploads may not be made public before the close
1147 of the polls on election day.
1148 (b) The canvassing board shall report all early voting and
1149 all tabulated vote-by-mail absentee results to the Department of
1150 State within 30 minutes after the polls close. Thereafter, the
1151 canvassing board shall report, with the exception of provisional
1152 ballot results, updated precinct election results to the
1153 department at least every 45 minutes until all results are
1154 completely reported. The supervisor of elections shall notify
1155 the department immediately of any circumstances that do not
1156 permit periodic updates as required. Results shall be submitted
1157 in a format prescribed by the department.
1158 Section 46. Subsection (8) of section 102.168, Florida
1159 Statutes, is amended to read:
1160 102.168 Contest of election.—
1161 (8) In any contest that requires a review of the canvassing
1162 board’s decision on the legality of a vote-by-mail an absentee
1163 ballot pursuant to s. 101.68 based upon a comparison of the
1164 signature on the voter’s certificate and the signature of the
1165 elector in the registration records, the circuit court may not
1166 review or consider any evidence other than the signature on the
1167 voter’s certificate and the signature of the elector in the
1168 registration records. The court’s review of such issue shall be
1169 to determine only if the canvassing board abused its discretion
1170 in making its decision.
1171 Section 47. Subsection (1) of section 104.047, Florida
1172 Statutes, is amended to read:
1173 104.047 Vote-by-mail Absentee ballots and voting;
1174 violations.—
1175 (1) Except as provided in s. 101.62 or s. 101.655, any
1176 person who requests a vote-by-mail an absentee ballot on behalf
1177 of an elector is guilty of a felony of the third degree,
1178 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1179 Section 48. Paragraph (b) of subsection (2) of section
1180 104.0515, Florida Statutes, is amended to read:
1181 104.0515 Voting rights; deprivation of, or interference
1182 with, prohibited; penalty.—
1183 (2) No person acting under color of law shall:
1184 (b) Deny the right of any individual to vote in any
1185 election because of an error or omission on any record or paper
1186 relating to any application, registration, or other act
1187 requisite to voting, if such error or omission is not material
1188 in determining whether such individual is qualified under law to
1189 vote in such election. This paragraph shall apply to vote-by
1190 mail absentee ballots only if there is a pattern or history of
1191 discrimination on the basis of race, color, or previous
1192 condition of servitude in regard to vote-by-mail absentee
1193 ballots.
1194 Section 49. Section 104.0616, Florida Statutes, is amended
1195 to read:
1196 104.0616 Vote-by-mail Absentee ballots and voting;
1197 violations.—
1198 (1) For purposes of this section, the term “immediate
1199 family” means a person’s spouse or the parent, child,
1200 grandparent, or sibling of the person or the person’s spouse.
1201 (2) Any person who provides or offers to provide, and any
1202 person who accepts, a pecuniary or other benefit in exchange for
1203 distributing, ordering, requesting, collecting, delivering, or
1204 otherwise physically possessing more than two vote-by-mail
1205 absentee ballots per election in addition to his or her own
1206 ballot or a ballot belonging to an immediate family member,
1207 except as provided in ss. 101.6105-101.694, commits a
1208 misdemeanor of the first degree, punishable as provided in s.
1209 775.082, s. 775.083, or s. 775.084.
1210 Section 50. Section 104.17, Florida Statutes, is amended to
1211 read:
1212 104.17 Voting in person after casting vote-by-mail absentee
1213 ballot.—Any person who willfully votes or attempts to vote both
1214 in person and by vote-by-mail absentee ballot at any election is
1215 guilty of a felony of the third degree, punishable as provided
1216 in s. 775.082, s. 775.083, or s. 775.084.
1217 Section 51. Paragraph (b) of subsection (2) of section
1218 117.05, Florida Statutes, is amended to read:
1219 117.05 Use of notary commission; unlawful use; notary fee;
1220 seal; duties; employer liability; name change; advertising;
1221 photocopies; penalties.—
1222 (2)
1223 (b) A notary public may not charge a fee for witnessing a
1224 vote-by-mail an absentee ballot in an election, and must witness
1225 such a ballot upon the request of an elector, provided the
1226 notarial act is in accordance with the provisions of this
1227 chapter.
1228 Section 52. Subsection (7) of section 394.459, Florida
1229 Statutes, is amended to read:
1230 394.459 Rights of patients.—
1231 (7) VOTING IN PUBLIC ELECTIONS.—A patient who is eligible
1232 to vote according to the laws of the state has the right to vote
1233 in the primary and general elections. The department shall
1234 establish rules to enable patients to obtain voter registration
1235 forms, applications for vote-by-mail absentee ballots, and vote
1236 by-mail absentee ballots.
1237 Section 53. Section 741.406, Florida Statutes, is amended
1238 to read:
1239 741.406 Voting by program participant; use of designated
1240 address by supervisor of elections.—A program participant who is
1241 otherwise qualified to vote may request a vote-by-mail an
1242 absentee ballot pursuant to s. 101.62. The program participant
1243 shall automatically receive vote-by-mail absentee ballots for
1244 all elections in the jurisdictions in which that individual
1245 resides in the same manner as vote-by-mail absentee voters. The
1246 supervisor of elections shall transmit the vote-by-mail absentee
1247 ballot to the program participant at the address designated by
1248 the participant in his or her application as a vote-by-mail an
1249 absentee voter. The name, address, and telephone number of a
1250 program participant may not be included in any list of
1251 registered voters available to the public.
1252 Section 54. Subsection (7) of section 916.107, Florida
1253 Statutes, is amended to read:
1254 916.107 Rights of forensic clients.—
1255 (7) VOTING IN PUBLIC ELECTIONS.—A forensic client who is
1256 eligible to vote according to the laws of the state has the
1257 right to vote in the primary and general elections. The
1258 department and agency shall establish rules to enable clients to
1259 obtain voter registration forms, applications for vote-by-mail
1260 absentee ballots, and vote-by-mail absentee ballots.
1261
1262 ================= T I T L E A M E N D M E N T ================
1263 And the title is amended as follows:
1264 Delete line 30
1265 and insert:
1266 a primary election; amending ss. 97.012, 97.021,
1267 97.026, 98.065, 98.077, 98.0981, 98.255, 101.051,
1268 101.151, 101.5612, 101.5614, 101.572, 101.591,
1269 101.6105, 101.62, 101.64, 101.65, 101.655, 101.661,
1270 101.662, 101.67, 101.68, 101.69, 101.6921, 101.6923,
1271 101.6925, 101.694, 101.6951, 101.6952, 101.697,
1272 102.031, 102.141, 102.168, 104.047, 104.0515 104.0616,
1273 104.17, 117.05, 394.459, 741.406, and 916.107, F.S.;
1274 revising references of “absentee ballot” to “vote-by
1275 mail ballot”; conforming terminology to changes made
1276 by the act; providing effective dates.