Florida Senate - 2015                                     SB 894
       
       
        
       By Senator Thompson
       
       
       
       
       
       12-00781-15                                            2015894__
    1                        A bill to be entitled                      
    2         An act relating to absentee voting; amending ss.
    3         97.012, 97.021, 97.026, 98.065, 98.077, 98.0981,
    4         98.255, 101.051, 101.151, 101.5612, 101.5614, 101.572,
    5         101.591, 101.6105, 101.62, 101.64, 101.65, 101.655,
    6         101.661, 101.662, 101.67, 101.68, 101.69, 101.6921,
    7         101.6923, 101.6925, 101.694, 101.6951, 101.6952,
    8         101.697, 102.031, 102.141, 102.168, 104.047, 104.0616,
    9         104.17, 117.05, 394.459, 741.406, and 916.107, F.S.;
   10         revising references of “absentee ballot” to “vote-by
   11         mail ballot”; conforming terminology to changes made
   12         by the act; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (13) of section 97.012, Florida
   17  Statutes, is amended to read:
   18         97.012 Secretary of State as chief election officer.—The
   19  Secretary of State is the chief election officer of the state,
   20  and it is his or her responsibility to:
   21         (13) Designate an office within the department to be
   22  responsible for providing information regarding voter
   23  registration procedures and vote-by-mail absentee ballot
   24  procedures to absent uniformed services voters and overseas
   25  voters.
   26         Section 2. Subsections (1) and (13) of section 97.021,
   27  Florida Statutes, are amended to read:
   28         97.021 Definitions.—For the purposes of this code, except
   29  where the context clearly indicates otherwise, the term:
   30         (1) “Absent elector” means any registered and qualified
   31  voter who casts a vote-by-mail an absentee ballot.
   32         (13) “Election costs” shall include, but not be limited to,
   33  expenditures for all paper supplies such as envelopes,
   34  instructions to voters, affidavits, reports, ballot cards,
   35  ballot booklets for vote-by-mail absentee voters, postage,
   36  notices to voters; advertisements for registration book
   37  closings, testing of voting equipment, sample ballots, and
   38  polling places; forms used to qualify candidates; polling site
   39  rental and equipment delivery and pickup; data processing time
   40  and supplies; election records retention; and labor costs,
   41  including those costs uniquely associated with vote-by-mail
   42  absentee ballot preparation, poll workers, and election night
   43  canvass.
   44         Section 3. Section 97.026, Florida Statutes, is amended to
   45  read:
   46         97.026 Forms to be available in alternative formats and via
   47  the Internet.—It is the intent of the Legislature that all forms
   48  required to be used in chapters 97-106 shall be made available
   49  upon request, in alternative formats. Such forms shall include
   50  vote-by-mail absentee ballots as alternative formats for such
   51  ballots become available and the Division of Elections is able
   52  to certify systems that provide them. Whenever possible, such
   53  forms, with the exception of vote-by-mail absentee ballots,
   54  shall be made available by the Department of State via the
   55  Internet. Sections that contain such forms include, but are not
   56  limited to, ss. 97.051, 97.052, 97.053, 97.057, 97.058, 97.0583,
   57  97.071, 97.073, 97.1031, 98.075, 99.021, 100.361, 100.371,
   58  101.045, 101.171, 101.20, 101.6103, 101.62, 101.64, 101.65,
   59  101.657, 105.031, 106.023, and 106.087.
   60         Section 4. Paragraph (c) of subsection (4) of section
   61  98.065, Florida Statutes, is amended to read:
   62         98.065 Registration list maintenance programs.—
   63         (4)
   64         (c) The supervisor must designate as inactive all voters
   65  who have been sent an address confirmation final notice and who
   66  have not returned the postage prepaid, preaddressed return form
   67  within 30 days or for which the final notice has been returned
   68  as undeliverable. Names on the inactive list may not be used to
   69  calculate the number of signatures needed on any petition. A
   70  voter on the inactive list may be restored to the active list of
   71  voters upon the voter updating his or her registration,
   72  requesting a vote-by-mail an absentee ballot, or appearing to
   73  vote. However, if the voter does not update his or her voter
   74  registration information, request a vote-by-mail an absentee
   75  ballot, or vote by the second general election after being
   76  placed on the inactive list, the voter’s name shall be removed
   77  from the statewide voter registration system and the voter shall
   78  be required to reregister to have his or her name restored to
   79  the statewide voter registration system.
   80         Section 5. Subsection (4) of section 98.077, Florida
   81  Statutes, is amended to read:
   82         98.077 Update of voter signature.—
   83         (4) All signature updates for use in verifying vote-by-mail
   84  absentee and provisional ballots must be received by the
   85  appropriate supervisor of elections no later than the start of
   86  the canvassing of vote-by-mail absentee ballots by the
   87  canvassing board. The signature on file at the start of the
   88  canvass of the vote-by-mail absentee ballots is the signature
   89  that shall be used in verifying the signature on the vote-by
   90  mail absentee and provisional ballot certificates.
   91         Section 6. Paragraphs (b) and (d) of subsection (1) and
   92  paragraph (a) of subsection (2) of section 98.0981, Florida
   93  Statutes, are amended to read:
   94         98.0981 Reports; voting history; statewide voter
   95  registration system information; precinct-level election
   96  results; book closing statistics.—
   97         (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
   98  INFORMATION.—
   99         (b) After receipt of the information in paragraph (a), the
  100  department shall prepare a report in electronic format which
  101  contains the following information, separately compiled for the
  102  primary and general election for all voters qualified to vote in
  103  either election:
  104         1. The unique identifier assigned to each qualified voter
  105  within the statewide voter registration system;
  106         2. All information provided by each qualified voter on his
  107  or her voter registration application pursuant to s. 97.052(2),
  108  except that which is confidential or exempt from public records
  109  requirements;
  110         3. Each qualified voter’s date of registration;
  111         4. Each qualified voter’s current state representative
  112  district, state senatorial district, and congressional district,
  113  assigned by the supervisor of elections;
  114         5. Each qualified voter’s current precinct; and
  115         6. Voting history as transmitted under paragraph (a) to
  116  include whether the qualified voter voted at a precinct
  117  location, voted during the early voting period, voted by vote
  118  by-mail absentee ballot, attempted to vote by vote-by-mail
  119  absentee ballot that was not counted, attempted to vote by
  120  provisional ballot that was not counted, or did not vote.
  121         (d) File specifications are as follows:
  122         1. The file shall contain records designated by the
  123  categories below for all qualified voters who, regardless of the
  124  voter’s county of residence or active or inactive registration
  125  status at the book closing for the corresponding election that
  126  the file is being created for:
  127         a. Voted a regular ballot at a precinct location.
  128         b. Voted at a precinct location using a provisional ballot
  129  that was subsequently counted.
  130         c. Voted a regular ballot during the early voting period.
  131         d. Voted during the early voting period using a provisional
  132  ballot that was subsequently counted.
  133         e. Voted by vote-by-mail absentee ballot.
  134         f. Attempted to vote by vote-by-mail absentee ballot, but
  135  the ballot was not counted.
  136         g. Attempted to vote by provisional ballot, but the ballot
  137  was not counted in that election.
  138         2. Each file shall be created or converted into a tab
  139  delimited format.
  140         3. File names shall adhere to the following convention:
  141         a. Three-character county identifier as established by the
  142  department followed by an underscore.
  143         b. Followed by four-character file type identifier of
  144  ‘VH03’ followed by an underscore.
  145         c. Followed by FVRS election ID followed by an underscore.
  146         d. Followed by Date Created followed by an underscore.
  147         e. Date format is YYYYMMDD.
  148         f. Followed by Time Created - HHMMSS.
  149         g. Followed by “.txt”.
  150         4. Each record shall contain the following columns: Record
  151  Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
  152  Date, Vote History Code, Precinct, Congressional District, House
  153  District, Senate District, County Commission District, and
  154  School Board District.
  155         (2) PRECINCT-LEVEL ELECTION RESULTS.—
  156         (a) Within 30 days after certification by the Elections
  157  Canvassing Commission of a presidential preference primary
  158  election, special election, primary election, or general
  159  election, the supervisors of elections shall collect and submit
  160  to the department precinct-level election results for the
  161  election in a uniform electronic format specified by paragraph
  162  (c). The precinct-level election results shall be compiled
  163  separately for the primary or special primary election that
  164  preceded the general or special general election, respectively.
  165  The results shall specifically include for each precinct the
  166  total of all ballots cast for each candidate or nominee to fill
  167  a national, state, county, or district office or proposed
  168  constitutional amendment, with subtotals for each candidate and
  169  ballot type, unless fewer than 10 voters voted a ballot type.
  170  “All ballots cast” means ballots cast by voters who cast a
  171  ballot whether at a precinct location, by vote-by-mail absentee
  172  ballot including overseas vote-by-mail absentee ballots, during
  173  the early voting period, or by provisional ballot.
  174         Section 7. Paragraph (b) of subsection (1) of section
  175  98.255, Florida Statutes, is amended to read:
  176         98.255 Voter education programs.—
  177         (1) The Department of State shall adopt rules prescribing
  178  minimum standards for nonpartisan voter education. The standards
  179  shall, at a minimum, address:
  180         (a) Voter registration;
  181         (b) Balloting procedures, by mail absentee and polling
  182  place;
  183         (c) Voter rights and responsibilities;
  184         (d) Distribution of sample ballots; and
  185         (e) Public service announcements.
  186         Section 8. Subsection (3) of section 101.051, Florida
  187  Statutes, is amended to read:
  188         101.051 Electors seeking assistance in casting ballots;
  189  oath to be executed; forms to be furnished.—
  190         (3) Any elector applying to cast a vote-by-mail an absentee
  191  ballot in the office of the supervisor, in any election, who
  192  requires assistance to vote by reason of blindness, disability,
  193  or inability to read or write may request the assistance of some
  194  person of his or her own choice, other than the elector’s
  195  employer, an agent of the employer, or an officer or agent of
  196  his or her union, in casting his or her vote-by-mail absentee
  197  ballot.
  198         Section 9. Paragraph (b) of subsection (1) of section
  199  101.151, Florida Statutes, is amended to read:
  200         101.151 Specifications for ballots.—
  201         (1)
  202         (b) Early voting sites may employ a ballot-on-demand
  203  production system to print individual marksense ballots,
  204  including provisional ballots, for eligible electors pursuant to
  205  s. 101.657. Ballot-on-demand technology may be used to produce
  206  marksense vote-by-mail absentee and election-day ballots.
  207         Section 10. Subsection (3) of section 101.5612, Florida
  208  Statutes, is amended to read:
  209         101.5612 Testing of tabulating equipment.—
  210         (3) For electronic or electromechanical voting systems
  211  configured to tabulate vote-by-mail absentee ballots at a
  212  central or regional site, the public testing shall be conducted
  213  by processing a preaudited group of ballots so produced as to
  214  record a predetermined number of valid votes for each candidate
  215  and on each measure and to include one or more ballots for each
  216  office which have activated voting positions in excess of the
  217  number allowed by law in order to test the ability of the
  218  automatic tabulating equipment to reject such votes. If any
  219  error is detected, the cause therefor shall be corrected and an
  220  errorless count shall be made before the automatic tabulating
  221  equipment is approved. The test shall be repeated and errorless
  222  results achieved immediately before the start of the official
  223  count of the ballots and again after the completion of the
  224  official count. The programs and ballots used for testing shall
  225  be sealed and retained under the custody of the county
  226  canvassing board.
  227         Section 11. Paragraph (a) of subsection (5) and subsections
  228  (7) and (8) of section 101.5614, Florida Statutes, are amended
  229  to read:
  230         101.5614 Canvass of returns.—
  231         (5)(a) If any vote-by-mail absentee ballot is physically
  232  damaged so that it cannot properly be counted by the automatic
  233  tabulating equipment, a true duplicate copy shall be made of the
  234  damaged ballot in the presence of witnesses and substituted for
  235  the damaged ballot. Likewise, a duplicate ballot shall be made
  236  of a vote-by-mail an absentee ballot containing an overvoted
  237  race or a marked vote-by-mail absentee ballot in which every
  238  race is undervoted which shall include all valid votes as
  239  determined by the canvassing board based on rules adopted by the
  240  division pursuant to s. 102.166(4). All duplicate ballots shall
  241  be clearly labeled “duplicate,” bear a serial number which shall
  242  be recorded on the defective ballot, and be counted in lieu of
  243  the defective ballot. After a ballot has been duplicated, the
  244  defective ballot shall be placed in an envelope provided for
  245  that purpose, and the duplicate ballot shall be tallied with the
  246  other ballots for that precinct.
  247         (7) Vote-by-mail Absentee ballots may be counted by
  248  automatic tabulating equipment if they have been marked in a
  249  manner which will enable them to be properly counted by such
  250  equipment.
  251         (8) The return printed by the automatic tabulating
  252  equipment, to which has been added the return of write-in, vote
  253  by-mail absentee, and manually counted votes and votes from
  254  provisional ballots, shall constitute the official return of the
  255  election upon certification by the canvassing board. Upon
  256  completion of the count, the returns shall be open to the
  257  public. A copy of the returns may be posted at the central
  258  counting place or at the office of the supervisor of elections
  259  in lieu of the posting of returns at individual precincts.
  260         Section 12. Section 101.572, Florida Statutes, is amended
  261  to read:
  262         101.572 Public inspection of ballots.—The official ballots
  263  and ballot cards received from election boards and removed from
  264  vote-by-mail absentee ballot mailing envelopes shall be open for
  265  public inspection or examination while in the custody of the
  266  supervisor of elections or the county canvassing board at any
  267  reasonable time, under reasonable conditions; however, no
  268  persons other than the supervisor of elections or his or her
  269  employees or the county canvassing board shall handle any
  270  official ballot or ballot card. If the ballots are being
  271  examined prior to the end of the contest period in s. 102.168,
  272  the supervisor of elections shall make a reasonable effort to
  273  notify all candidates whose names appear on such ballots or
  274  ballot cards by telephone or otherwise of the time and place of
  275  the inspection or examination. All such candidates, or their
  276  representatives, shall be allowed to be present during the
  277  inspection or examination.
  278         Section 13. Paragraphs (a) and (b) of subsection (2) of
  279  section 101.591, Florida Statutes, are amended to read:
  280         101.591 Voting system audit.—
  281         (2)(a) A manual audit shall consist of a public manual
  282  tally of the votes cast in one randomly selected race that
  283  appears on the ballot. The tally sheet shall include election
  284  day, vote-by-mail absentee, early voting, provisional, and
  285  overseas ballots, in at least 1 percent but no more than 2
  286  percent of the precincts chosen at random by the county
  287  canvassing board or the local board responsible for certifying
  288  the election. If 1 percent of the precincts is less than one
  289  entire precinct, the audit shall be conducted using at least one
  290  precinct chosen at random by the county canvassing board or the
  291  local board responsible for certifying the election. Such
  292  precincts shall be selected at a publicly noticed canvassing
  293  board meeting.
  294         (b) An automated audit shall consist of a public automated
  295  tally of the votes cast across every race that appears on the
  296  ballot. The tally sheet shall include election day, vote-by-mail
  297  absentee, early voting, provisional, and overseas ballots in at
  298  least 20 percent of the precincts chosen at random by the county
  299  canvassing board or the local board responsible for certifying
  300  the election. Such precincts shall be selected at a publicly
  301  noticed canvassing board meeting.
  302         Section 14. Section 101.6105, Florida Statutes, is amended
  303  to read:
  304         101.6105 Vote-by-mail Absentee voting.—The provisions of
  305  the election code relating to vote-by-mail absentee voting and
  306  vote-by-mail absentee ballots shall apply to elections under ss.
  307  101.6101-101.6107 only insofar as they do not conflict with the
  308  provisions of ss. 101.6101-101.6107.
  309         Section 15. Section 101.62, Florida Statutes, is amended to
  310  read:
  311         101.62 Request for vote-by-mail absentee ballots.—
  312         (1)(a) The supervisor shall accept a request for a vote-by
  313  mail an absentee ballot from an elector in person or in writing.
  314  One request shall be deemed sufficient to receive a vote-by-mail
  315  an absentee ballot for all elections through the end of the
  316  calendar year of the second ensuing regularly scheduled general
  317  election, unless the elector or the elector’s designee indicates
  318  at the time the request is made the elections for which the
  319  elector desires to receive a vote-by-mail an absentee ballot.
  320  Such request may be considered canceled when any first-class
  321  mail sent by the supervisor to the elector is returned as
  322  undeliverable.
  323         (b) The supervisor may accept a written or telephonic
  324  request for a vote-by-mail an absentee ballot to be mailed to an
  325  elector’s address on file in the Florida Voter Registration
  326  System from the elector, or, if directly instructed by the
  327  elector, a member of the elector’s immediate family, or the
  328  elector’s legal guardian; if the ballot is requested to be
  329  mailed to an address other than the elector’s address on file in
  330  the Florida Voter Registration System, the request must be made
  331  in writing and signed by the elector. However, an absent
  332  uniformed service voter or an overseas voter seeking a vote-by
  333  mail an absentee ballot is not required to submit a signed,
  334  written request for a vote-by-mail an absentee ballot that is
  335  being mailed to an address other than the elector’s address on
  336  file in the Florida Voter Registration System. For purposes of
  337  this section, the term “immediate family” has the same meaning
  338  as specified in paragraph (4)(c). The person making the request
  339  must disclose:
  340         1. The name of the elector for whom the ballot is
  341  requested.
  342         2. The elector’s address.
  343         3. The elector’s date of birth.
  344         4. The requester’s name.
  345         5. The requester’s address.
  346         6. The requester’s driver license number, if available.
  347         7. The requester’s relationship to the elector.
  348         8. The requester’s signature (written requests only).
  349         (c) Upon receiving a request for a vote-by-mail an absentee
  350  ballot from an absent voter, the supervisor of elections shall
  351  notify the voter of the free access system that has been
  352  designated by the department for determining the status of his
  353  or her vote-by-mail absentee ballot.
  354         (2) A request for a vote-by-mail an absentee ballot to be
  355  mailed to a voter must be received no later than 5 p.m. on the
  356  sixth day before the election by the supervisor of elections.
  357  The supervisor of elections shall mail vote-by-mail absentee
  358  ballots to voters requesting ballots by such deadline no later
  359  than 4 days before the election.
  360         (3) For each request for a vote-by-mail an absentee ballot
  361  received, the supervisor shall record the date the request was
  362  made, the date the vote-by-mail absentee ballot was delivered to
  363  the voter or the voter’s designee or the date the vote-by-mail
  364  absentee ballot was delivered to the post office or other
  365  carrier, the date the ballot was received by the supervisor, the
  366  absence of the voter’s signature on the voter’s certificate, if
  367  applicable, and such other information he or she may deem
  368  necessary. This information shall be provided in electronic
  369  format as provided by rule adopted by the division. The
  370  information shall be updated and made available no later than 8
  371  a.m. of each day, including weekends, beginning 60 days before
  372  the primary until 15 days after the general election and shall
  373  be contemporaneously provided to the division. This information
  374  shall be confidential and exempt from s. 119.07(1) and shall be
  375  made available to or reproduced only for the voter requesting
  376  the ballot, a canvassing board, an election official, a
  377  political party or official thereof, a candidate who has filed
  378  qualification papers and is opposed in an upcoming election, and
  379  registered political committees for political purposes only.
  380         (4)(a) No later than 45 days before each presidential
  381  preference primary election, primary election, and general
  382  election, the supervisor of elections shall send a vote-by-mail
  383  an absentee ballot as provided in subparagraph (c)2. to each
  384  absent uniformed services voter and to each overseas voter who
  385  has requested a vote-by-mail an absentee ballot.
  386         (b) The supervisor of elections shall mail a vote-by-mail
  387  an absentee ballot to each absent qualified voter, other than
  388  those listed in paragraph (a), who has requested such a ballot,
  389  between the 35th and 28th days before the presidential
  390  preference primary election, primary election, and general
  391  election. Except as otherwise provided in subsection (2) and
  392  after the period described in this paragraph, the supervisor
  393  shall mail vote-by-mail absentee ballots within 2 business days
  394  after receiving a request for such a ballot.
  395         (c) The supervisor shall provide a vote-by-mail an absentee
  396  ballot to each elector by whom a request for that ballot has
  397  been made by one of the following means:
  398         1. By nonforwardable, return-if-undeliverable mail to the
  399  elector’s current mailing address on file with the supervisor or
  400  any other address the elector specifies in the request.
  401         2. By forwardable mail, e-mail, or facsimile machine
  402  transmission to absent uniformed services voters and overseas
  403  voters. The absent uniformed services voter or overseas voter
  404  may designate in the vote-by-mail absentee ballot request the
  405  preferred method of transmission. If the voter does not
  406  designate the method of transmission, the vote-by-mail absentee
  407  ballot shall be mailed.
  408         3. By personal delivery before 7 p.m. on election day to
  409  the elector, upon presentation of the identification required in
  410  s. 101.043.
  411         4. By delivery to a designee on election day or up to 5
  412  days prior to the day of an election. Any elector may designate
  413  in writing a person to pick up the ballot for the elector;
  414  however, the person designated may not pick up more than two
  415  vote-by-mail absentee ballots per election, other than the
  416  designee’s own ballot, except that additional ballots may be
  417  picked up for members of the designee’s immediate family. For
  418  purposes of this section, “immediate family” means the
  419  designee’s spouse or the parent, child, grandparent, or sibling
  420  of the designee or of the designee’s spouse. The designee shall
  421  provide to the supervisor the written authorization by the
  422  elector and a picture identification of the designee and must
  423  complete an affidavit. The designee shall state in the affidavit
  424  that the designee is authorized by the elector to pick up that
  425  ballot and shall indicate if the elector is a member of the
  426  designee’s immediate family and, if so, the relationship. The
  427  department shall prescribe the form of the affidavit. If the
  428  supervisor is satisfied that the designee is authorized to pick
  429  up the ballot and that the signature of the elector on the
  430  written authorization matches the signature of the elector on
  431  file, the supervisor shall give the ballot to that designee for
  432  delivery to the elector.
  433         5. Except as provided in s. 101.655, the supervisor may not
  434  deliver a vote-by-mail an absentee ballot to an elector or an
  435  elector’s immediate family member on the day of the election
  436  unless there is an emergency, to the extent that the elector
  437  will be unable to go to his or her assigned polling place. If a
  438  vote-by-mail an absentee ballot is delivered, the elector or his
  439  or her designee shall execute an affidavit affirming to the
  440  facts which allow for delivery of the vote-by-mail absentee
  441  ballot. The department shall adopt a rule providing for the form
  442  of the affidavit.
  443         (5) If the department is unable to certify candidates for
  444  an election in time to comply with paragraph (4)(a), the
  445  Department of State is authorized to prescribe rules for a
  446  ballot to be sent to absent uniformed services voters and
  447  overseas voters.
  448         (6) Nothing other than the materials necessary to vote by
  449  mail absentee shall be mailed or delivered with any vote-by-mail
  450  absentee ballot.
  451         Section 16. Subsections (1) and (4) of section 101.64,
  452  Florida Statutes, are amended to read:
  453         101.64 Delivery of vote-by-mail absentee ballots;
  454  envelopes; form.—
  455         (1) The supervisor shall enclose with each vote-by-mail
  456  absentee ballot two envelopes: a secrecy envelope, into which
  457  the absent elector shall enclose his or her marked ballot; and a
  458  mailing envelope, into which the absent elector shall then place
  459  the secrecy envelope, which shall be addressed to the supervisor
  460  and also bear on the back side a certificate in substantially
  461  the following form:
  462  
  463           Note: Please Read Instructions Carefully Before         
  464         Marking Ballot and Completing Voter’s Certificate.        
  465  
  466                         VOTER’S CERTIFICATE                       
  467         I, ...., do solemnly swear or affirm that I am a qualified
  468  and registered voter of .... County, Florida, and that I have
  469  not and will not vote more than one ballot in this election. I
  470  understand that if I commit or attempt to commit any fraud in
  471  connection with voting, vote a fraudulent ballot, or vote more
  472  than once in an election, I can be convicted of a felony of the
  473  third degree and fined up to $5,000 and/or imprisoned for up to
  474  5 years. I also understand that failure to sign this certificate
  475  will invalidate my ballot.
  476  
  477  ...(Date)...                           ...(Voter’s Signature)...
  478  
  479         (4) The supervisor shall mark, code, indicate on, or
  480  otherwise track the precinct of the absent elector for each
  481  vote-by-mail absentee ballot.
  482         Section 17. Section 101.65, Florida Statutes, is amended to
  483  read:
  484         101.65 Instructions to absent electors.—The supervisor
  485  shall enclose with each vote-by-mail absentee ballot separate
  486  printed instructions in substantially the following form:
  487  
  488                  READ THESE INSTRUCTIONS CAREFULLY                
  489                       BEFORE MARKING BALLOT.                      
  490         1. VERY IMPORTANT. In order to ensure that your vote-by
  491  mail absentee ballot will be counted, it should be completed and
  492  returned as soon as possible so that it can reach the supervisor
  493  of elections of the county in which your precinct is located no
  494  later than 7 p.m. on the day of the election. However, if you
  495  are an overseas voter casting a ballot in a presidential
  496  preference primary or general election, your vote-by-mail
  497  absentee ballot must be postmarked or dated no later than the
  498  date of the election and received by the supervisor of elections
  499  of the county in which you are registered to vote no later than
  500  10 days after the date of the election.
  501         2. Mark your ballot in secret as instructed on the ballot.
  502  You must mark your own ballot unless you are unable to do so
  503  because of blindness, disability, or inability to read or write.
  504         3. Mark only the number of candidates or issue choices for
  505  a race as indicated on the ballot. If you are allowed to “Vote
  506  for One” candidate and you vote for more than one candidate,
  507  your vote in that race will not be counted.
  508         4. Place your marked ballot in the enclosed secrecy
  509  envelope.
  510         5. Insert the secrecy envelope into the enclosed mailing
  511  envelope which is addressed to the supervisor.
  512         6. Seal the mailing envelope and completely fill out the
  513  Voter’s Certificate on the back of the mailing envelope.
  514         7. VERY IMPORTANT. In order for your vote-by-mail absentee
  515  ballot to be counted, you must sign your name on the line above
  516  (Voter’s Signature). A vote-by-mail An absentee ballot will be
  517  considered illegal and not be counted if the signature on the
  518  voter’s certificate does not match the signature on record. The
  519  signature on file at the start of the canvass of the vote-by
  520  mail absentee ballots is the signature that will be used to
  521  verify your signature on the voter’s certificate. If you need to
  522  update your signature for this election, send your signature
  523  update on a voter registration application to your supervisor of
  524  elections so that it is received no later than the start of the
  525  canvassing of vote-by-mail absentee ballots, which occurs no
  526  earlier than the 15th day before election day.
  527         8. VERY IMPORTANT. If you are an overseas voter, you must
  528  include the date you signed the Voter’s Certificate on the line
  529  above (Date) or your ballot may not be counted.
  530         9. Mail, deliver, or have delivered the completed mailing
  531  envelope. Be sure there is sufficient postage if mailed.
  532         10. FELONY NOTICE. It is a felony under Florida law to
  533  accept any gift, payment, or gratuity in exchange for your vote
  534  for a candidate. It is also a felony under Florida law to vote
  535  in an election using a false identity or false address, or under
  536  any other circumstances making your ballot false or fraudulent.
  537         Section 18. Subsections (1) and (2) of section 101.655,
  538  Florida Statutes, are amended to read:
  539         101.655 Supervised voting by absent electors in certain
  540  facilities.—
  541         (1) The supervisor of elections of a county shall provide
  542  supervised voting for absent electors residing in any assisted
  543  living facility, as defined in s. 429.02, or nursing home
  544  facility, as defined in s. 400.021, within that county at the
  545  request of any administrator of such a facility. Such request
  546  for supervised voting in the facility shall be made by
  547  submitting a written request to the supervisor of elections no
  548  later than 21 days prior to the election for which that request
  549  is submitted. The request shall specify the name and address of
  550  the facility and the name of the electors who wish to vote by
  551  mail absentee in that election. If the request contains the
  552  names of fewer than five voters, the supervisor of elections is
  553  not required to provide supervised voting.
  554         (2) The supervisor of elections may, in the absence of a
  555  request from the administrator of a facility, provide for
  556  supervised voting in the facility for those persons who have
  557  requested vote-by-mail absentee ballots. The supervisor of
  558  elections shall notify the administrator of the facility that
  559  supervised voting will occur.
  560         Section 19. Section 101.661, Florida Statutes, is amended
  561  to read:
  562         101.661 Voting vote-by-mail absentee ballots.—All electors
  563  must personally mark or designate their choices on the vote-by
  564  mail absentee ballot, except:
  565         (1) Electors who require assistance to vote because of
  566  blindness, disability, or inability to read or write, who may
  567  have some person of the elector’s choice, other than the
  568  elector’s employer, an agent of the employer, or an officer or
  569  agent of the elector’s union, mark the elector’s choices or
  570  assist the elector in marking his or her choices on the ballot.
  571         (2) As otherwise provided in s. 101.051 or s. 101.655.
  572         Section 20. Section 101.662, Florida Statutes, is amended
  573  to read:
  574         101.662 Accessibility of vote-by-mail absentee ballots.—It
  575  is the intent of the Legislature that voting by vote-by-mail
  576  absentee ballot be by methods that are fully accessible to all
  577  voters, including voters having a disability. The Department of
  578  State shall work with the supervisors of elections and the
  579  disability community to develop and implement procedures and
  580  technologies, as possible, which will include procedures for
  581  providing vote-by-mail absentee ballots, upon request, in
  582  alternative formats that will allow all voters to cast a secret,
  583  independent, and verifiable vote-by-mail absentee ballot without
  584  the assistance of another person.
  585         Section 21. Section 101.67, Florida Statutes, is amended to
  586  read:
  587         101.67 Safekeeping of mailed ballots; deadline for
  588  receiving vote-by-mail absentee ballots.—
  589         (1) The supervisor of elections shall safely keep in his or
  590  her office any envelopes received containing marked ballots of
  591  absent electors, and he or she shall, before the canvassing of
  592  the election returns, deliver the envelopes to the county
  593  canvassing board along with his or her file or list kept
  594  regarding said ballots.
  595         (2) Except as provided in s. 101.6952(5), all marked absent
  596  electors’ ballots to be counted must be received by the
  597  supervisor by 7 p.m. the day of the election. All ballots
  598  received thereafter shall be marked with the time and date of
  599  receipt and filed in the supervisor’s office.
  600         Section 22. Section 101.68, Florida Statutes, is amended to
  601  read:
  602         101.68 Canvassing of vote-by-mail absentee ballot.—
  603         (1) The supervisor of the county where the absent elector
  604  resides shall receive the voted ballot, at which time the
  605  supervisor shall compare the signature of the elector on the
  606  voter’s certificate with the signature of the elector in the
  607  registration books or the precinct register to determine whether
  608  the elector is duly registered in the county and may record on
  609  the elector’s registration certificate that the elector has
  610  voted. However, effective July 1, 2005, an elector who dies
  611  after casting a vote-by-mail an absentee ballot but on or before
  612  election day shall remain listed in the registration books until
  613  the results have been certified for the election in which the
  614  ballot was cast. The supervisor shall safely keep the ballot
  615  unopened in his or her office until the county canvassing board
  616  canvasses the vote. Except as provided in subsection (4), after
  617  a vote-by-mail an absentee ballot is received by the supervisor,
  618  the ballot is deemed to have been cast, and changes or additions
  619  may not be made to the voter’s certificate.
  620         (2)(a) The county canvassing board may begin the canvassing
  621  of vote-by-mail absentee ballots at 7 a.m. on the 15th day
  622  before the election, but not later than noon on the day
  623  following the election. In addition, for any county using
  624  electronic tabulating equipment, the processing of vote-by-mail
  625  absentee ballots through such tabulating equipment may begin at
  626  7 a.m. on the 15th day before the election. However,
  627  notwithstanding any such authorization to begin canvassing or
  628  otherwise processing vote-by-mail absentee ballots early, no
  629  result shall be released until after the closing of the polls in
  630  that county on election day. Any supervisor of elections, deputy
  631  supervisor of elections, canvassing board member, election board
  632  member, or election employee who releases the results of a
  633  canvassing or processing of vote-by-mail absentee ballots prior
  634  to the closing of the polls in that county on election day
  635  commits a felony of the third degree, punishable as provided in
  636  s. 775.082, s. 775.083, or s. 775.084.
  637         (b) To ensure that all vote-by-mail absentee ballots to be
  638  counted by the canvassing board are accounted for, the
  639  canvassing board shall compare the number of ballots in its
  640  possession with the number of requests for ballots received to
  641  be counted according to the supervisor’s file or list.
  642         (c)1. The canvassing board shall, if the supervisor has not
  643  already done so, compare the signature of the elector on the
  644  voter’s certificate or on the vote-by-mail absentee ballot
  645  affidavit as provided in subsection (4) with the signature of
  646  the elector in the registration books or the precinct register
  647  to see that the elector is duly registered in the county and to
  648  determine the legality of that vote-by-mail absentee ballot. The
  649  ballot of an elector who casts a vote-by-mail an absentee ballot
  650  shall be counted even if the elector dies on or before election
  651  day, as long as, prior to the death of the voter, the ballot was
  652  postmarked by the United States Postal Service, date-stamped
  653  with a verifiable tracking number by a common carrier, or
  654  already in the possession of the supervisor of elections. A
  655  vote-by-mail An absentee ballot shall be considered illegal if
  656  the voter’s certificate or vote-by-mail absentee ballot
  657  affidavit does not include the signature of the elector, as
  658  shown by the registration records or the precinct register.
  659  However, a vote-by-mail an absentee ballot is not considered
  660  illegal if the signature of the elector does not cross the seal
  661  of the mailing envelope. If the canvassing board determines that
  662  any ballot is illegal, a member of the board shall, without
  663  opening the envelope, mark across the face of the envelope:
  664  “rejected as illegal.” The vote-by-mail absentee ballot
  665  affidavit, if applicable, the envelope, and the ballot contained
  666  therein shall be preserved in the manner that official ballots
  667  voted are preserved.
  668         2. If any elector or candidate present believes that a
  669  vote-by-mail an absentee ballot is illegal due to a defect
  670  apparent on the voter’s certificate or the vote-by-mail absentee
  671  ballot affidavit, he or she may, at any time before the ballot
  672  is removed from the envelope, file with the canvassing board a
  673  protest against the canvass of that ballot, specifying the
  674  precinct, the ballot, and the reason he or she believes the
  675  ballot to be illegal. A challenge based upon a defect in the
  676  voter’s certificate or vote-by-mail absentee ballot affidavit
  677  may not be accepted after the ballot has been removed from the
  678  mailing envelope.
  679         (d) The canvassing board shall record the ballot upon the
  680  proper record, unless the ballot has been previously recorded by
  681  the supervisor. The mailing envelopes shall be opened and the
  682  secrecy envelopes shall be mixed so as to make it impossible to
  683  determine which secrecy envelope came out of which signed
  684  mailing envelope; however, in any county in which an electronic
  685  or electromechanical voting system is used, the ballots may be
  686  sorted by ballot styles and the mailing envelopes may be opened
  687  and the secrecy envelopes mixed separately for each ballot
  688  style. The votes on vote-by-mail absentee ballots shall be
  689  included in the total vote of the county.
  690         (3) The supervisor or the chair of the county canvassing
  691  board shall, after the board convenes, have custody of the vote
  692  by-mail absentee ballots until a final proclamation is made as
  693  to the total vote received by each candidate.
  694         (4)(a) The supervisor of elections shall, on behalf of the
  695  county canvassing board, notify each elector whose ballot was
  696  rejected as illegal and provide the specific reason the ballot
  697  was rejected. The supervisor shall mail a voter registration
  698  application to the elector to be completed indicating the
  699  elector’s current signature if the elector’s ballot was rejected
  700  due to a difference between the elector’s signature on the
  701  voter’s certificate or vote-by-mail absentee ballot affidavit
  702  and the elector’s signature in the registration books or
  703  precinct register. This section does not prohibit the supervisor
  704  from providing additional methods for updating an elector’s
  705  signature.
  706         (b) Until 5 p.m. on the day before an election, the
  707  supervisor shall allow an elector who has returned a vote-by
  708  mail an absentee ballot that does not include the elector’s
  709  signature to complete and submit an affidavit in order to cure
  710  the unsigned vote-by-mail absentee ballot.
  711         (c) The elector shall provide identification to the
  712  supervisor and must complete a vote-by-mail an absentee ballot
  713  affidavit in substantially the following form:
  714  
  715               VOTE-BY-MAIL ABSENTEE BALLOT AFFIDAVIT              
  716         I, ...., am a qualified voter in this election and
  717  registered voter of .... County, Florida. I do solemnly swear or
  718  affirm that I requested and returned the vote-by-mail absentee
  719  ballot and that I have not and will not vote more than one
  720  ballot in this election. I understand that if I commit or
  721  attempt any fraud in connection with voting, vote a fraudulent
  722  ballot, or vote more than once in an election, I may be
  723  convicted of a felony of the third degree and fined up to $5,000
  724  and imprisoned for up to 5 years. I understand that my failure
  725  to sign this affidavit means that my vote-by-mail absentee
  726  ballot will be invalidated.
  727  
  728  ...(Voter’s Signature)...
  729  
  730  ...(Address)...
  731  
  732         (d) Instructions must accompany the vote-by-mail absentee
  733  ballot affidavit in substantially the following form:
  734  
  735         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  736  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  737  BALLOT NOT TO COUNT.
  738  
  739         1. In order to ensure that your vote-by-mail absentee
  740  ballot will be counted, your affidavit should be completed and
  741  returned as soon as possible so that it can reach the supervisor
  742  of elections of the county in which your precinct is located no
  743  later than 5 p.m. on the 2nd day before the election.
  744         2. You must sign your name on the line above (Voter’s
  745  Signature).
  746         3. You must make a copy of one of the following forms of
  747  identification:
  748         a. Identification that includes your name and photograph:
  749  United States passport; debit or credit card; military
  750  identification; student identification; retirement center
  751  identification; neighborhood association identification; or
  752  public assistance identification; or
  753         b. Identification that shows your name and current
  754  residence address: current utility bill, bank statement,
  755  government check, paycheck, or government document (excluding
  756  voter identification card).
  757         4. Place the envelope bearing the affidavit into a mailing
  758  envelope addressed to the supervisor. Insert a copy of your
  759  identification in the mailing envelope. Mail, deliver, or have
  760  delivered the completed affidavit along with the copy of your
  761  identification to your county supervisor of elections. Be sure
  762  there is sufficient postage if mailed and that the supervisor’s
  763  address is correct.
  764         5. Alternatively, you may fax or e-mail your completed
  765  affidavit and a copy of your identification to the supervisor of
  766  elections. If e-mailing, please provide these documents as
  767  attachments.
  768         (e) The department and each supervisor shall include the
  769  affidavit and instructions on their respective websites. The
  770  supervisor must include his or her office’s mailing address, e
  771  mail address, and fax number on the page containing the
  772  affidavit instructions; the department’s instruction page must
  773  include the office mailing addresses, e-mail addresses, and fax
  774  numbers of all supervisors of elections or provide a conspicuous
  775  link to such addresses.
  776         (f) The supervisor shall attach each affidavit received to
  777  the appropriate vote-by-mail absentee ballot mailing envelope.
  778         Section 23. Section 101.69, Florida Statutes, is amended to
  779  read:
  780         101.69 Voting in person; return of vote-by-mail absentee
  781  ballot.—The provisions of this code shall not be construed to
  782  prohibit any elector from voting in person at the elector’s
  783  precinct on the day of an election or at an early voting site,
  784  notwithstanding that the elector has requested a vote-by-mail an
  785  absentee ballot for that election. An elector who has returned a
  786  voted vote-by-mail absentee ballot to the supervisor, however,
  787  is deemed to have cast his or her ballot and is not entitled to
  788  vote another ballot or to have a provisional ballot counted by
  789  the county canvassing board. An elector who has received a vote
  790  by-mail an absentee ballot and has not returned the voted ballot
  791  to the supervisor, but desires to vote in person, shall return
  792  the ballot, whether voted or not, to the election board in the
  793  elector’s precinct or to an early voting site. The returned
  794  ballot shall be marked “canceled” by the board and placed with
  795  other canceled ballots. However, if the elector does not return
  796  the ballot and the election official:
  797         (1) Confirms that the supervisor has received the elector’s
  798  vote-by-mail absentee ballot, the elector shall not be allowed
  799  to vote in person. If the elector maintains that he or she has
  800  not returned the vote-by-mail absentee ballot or remains
  801  eligible to vote, the elector shall be provided a provisional
  802  ballot as provided in s. 101.048.
  803         (2) Confirms that the supervisor has not received the
  804  elector’s vote-by-mail absentee ballot, the elector shall be
  805  allowed to vote in person as provided in this code. The
  806  elector’s vote-by-mail absentee ballot, if subsequently
  807  received, shall not be counted and shall remain in the mailing
  808  envelope, and the envelope shall be marked “Rejected as
  809  Illegal.”
  810         (3) Cannot determine whether the supervisor has received
  811  the elector’s vote-by-mail absentee ballot, the elector may vote
  812  a provisional ballot as provided in s. 101.048.
  813         Section 24. Subsections (1) and (2) of section 101.6921,
  814  Florida Statutes, are amended to read:
  815         101.6921 Delivery of special vote-by-mail absentee ballot
  816  to certain first-time voters.—
  817         (1) The provisions of this section apply to voters who are
  818  subject to the provisions of s. 97.0535 and who have not
  819  provided the identification or certification required by s.
  820  97.0535 by the time the vote-by-mail absentee ballot is mailed.
  821         (2) The supervisor shall enclose with each vote-by-mail
  822  absentee ballot three envelopes: a secrecy envelope, into which
  823  the absent elector will enclose his or her marked ballot; an
  824  envelope containing the Voter’s Certificate, into which the
  825  absent elector shall place the secrecy envelope; and a mailing
  826  envelope, which shall be addressed to the supervisor and into
  827  which the absent elector will place the envelope containing the
  828  Voter’s Certificate and a copy of the required identification.
  829         Section 25. Section 101.6923, Florida Statutes, is amended
  830  to read:
  831         101.6923 Special vote-by-mail absentee ballot instructions
  832  for certain first-time voters.—
  833         (1) The provisions of this section apply to voters who are
  834  subject to the provisions of s. 97.0535 and who have not
  835  provided the identification or information required by s.
  836  97.0535 by the time the vote-by-mail absentee ballot is mailed.
  837         (2) A voter covered by this section shall be provided with
  838  printed instructions with his or her vote-by-mail absentee
  839  ballot in substantially the following form:
  840  
  841         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
  842         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
  843         YOUR BALLOT NOT TO COUNT.
  844  
  845         1. In order to ensure that your vote-by-mail absentee
  846  ballot will be counted, it should be completed and returned as
  847  soon as possible so that it can reach the supervisor of
  848  elections of the county in which your precinct is located no
  849  later than 7 p.m. on the date of the election. However, if you
  850  are an overseas voter casting a ballot in a presidential
  851  preference primary or general election, your vote-by-mail
  852  absentee ballot must be postmarked or dated no later than the
  853  date of the election and received by the supervisor of elections
  854  of the county in which you are registered to vote no later than
  855  10 days after the date of the election.
  856         2. Mark your ballot in secret as instructed on the ballot.
  857  You must mark your own ballot unless you are unable to do so
  858  because of blindness, disability, or inability to read or write.
  859         3. Mark only the number of candidates or issue choices for
  860  a race as indicated on the ballot. If you are allowed to “Vote
  861  for One” candidate and you vote for more than one, your vote in
  862  that race will not be counted.
  863         4. Place your marked ballot in the enclosed secrecy
  864  envelope and seal the envelope.
  865         5. Insert the secrecy envelope into the enclosed envelope
  866  bearing the Voter’s Certificate. Seal the envelope and
  867  completely fill out the Voter’s Certificate on the back of the
  868  envelope.
  869         a. You must sign your name on the line above (Voter’s
  870  Signature).
  871         b. If you are an overseas voter, you must include the date
  872  you signed the Voter’s Certificate on the line above (Date) or
  873  your ballot may not be counted.
  874         c. A vote-by-mail An absentee ballot will be considered
  875  illegal and will not be counted if the signature on the Voter’s
  876  Certificate does not match the signature on record. The
  877  signature on file at the start of the canvass of the vote-by
  878  mail absentee ballots is the signature that will be used to
  879  verify your signature on the Voter’s Certificate. If you need to
  880  update your signature for this election, send your signature
  881  update on a voter registration application to your supervisor of
  882  elections so that it is received no later than the start of
  883  canvassing of vote-by-mail absentee ballots, which occurs no
  884  earlier than the 15th day before election day.
  885         6. Unless you meet one of the exemptions in Item 7., you
  886  must make a copy of one of the following forms of
  887  identification:
  888         a. Identification which must include your name and
  889  photograph: United States passport; debit or credit card;
  890  military identification; student identification; retirement
  891  center identification; neighborhood association identification;
  892  or public assistance identification; or
  893         b. Identification which shows your name and current
  894  residence address: current utility bill, bank statement,
  895  government check, paycheck, or government document (excluding
  896  voter identification card).
  897         7. The identification requirements of Item 6. do not apply
  898  if you meet one of the following requirements:
  899         a. You are 65 years of age or older.
  900         b. You have a temporary or permanent physical disability.
  901         c. You are a member of a uniformed service on active duty
  902  who, by reason of such active duty, will be absent from the
  903  county on election day.
  904         d. You are a member of the Merchant Marine who, by reason
  905  of service in the Merchant Marine, will be absent from the
  906  county on election day.
  907         e. You are the spouse or dependent of a member referred to
  908  in paragraph c. or paragraph d. who, by reason of the active
  909  duty or service of the member, will be absent from the county on
  910  election day.
  911         f. You are currently residing outside the United States.
  912         8. Place the envelope bearing the Voter’s Certificate into
  913  the mailing envelope addressed to the supervisor. Insert a copy
  914  of your identification in the mailing envelope. DO NOT PUT YOUR
  915  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
  916  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
  917  BALLOT WILL NOT COUNT.
  918         9. Mail, deliver, or have delivered the completed mailing
  919  envelope. Be sure there is sufficient postage if mailed.
  920         10. FELONY NOTICE. It is a felony under Florida law to
  921  accept any gift, payment, or gratuity in exchange for your vote
  922  for a candidate. It is also a felony under Florida law to vote
  923  in an election using a false identity or false address, or under
  924  any other circumstances making your ballot false or fraudulent.
  925         Section 26. Subsections (1) and (2) of section 101.6925,
  926  Florida Statutes, are amended to read:
  927         101.6925 Canvassing special vote-by-mail absentee ballots.—
  928         (1) The supervisor of the county where the absent elector
  929  resides shall receive the voted special vote-by-mail absentee
  930  ballot, at which time the mailing envelope shall be opened to
  931  determine if the voter has enclosed the identification required
  932  or has indicated on the Voter’s Certificate that he or she is
  933  exempt from the identification requirements.
  934         (2) If the identification is enclosed or the voter has
  935  indicated that he or she is exempt from the identification
  936  requirements, the supervisor shall make the note on the
  937  registration records of the voter and proceed to canvass the
  938  vote-by-mail absentee ballot as provided in s. 101.68.
  939         Section 27. Section 101.694, Florida Statutes, is amended
  940  to read:
  941         101.694 Mailing of ballots upon receipt of federal postcard
  942  application.—
  943         (1) Upon receipt of a federal postcard application for a
  944  vote-by-mail an absentee ballot executed by a person whose
  945  registration is in order or whose application is sufficient to
  946  register or update the registration of that person, the
  947  supervisor shall send the ballot in accordance with s.
  948  101.62(4).
  949         (2) Upon receipt of a federal postcard application for a
  950  vote-by-mail an absentee ballot executed by a person whose
  951  registration is not in order and whose application is
  952  insufficient to register or update the registration of that
  953  person, the supervisor shall follow the procedure set forth in
  954  s. 97.073.
  955         (3) Vote-by-mail Absentee envelopes printed for voters
  956  entitled to vote by mail absentee under the Uniformed and
  957  Overseas Citizens Absentee Voting Act shall meet the
  958  specifications as determined by the Federal Voting Assistance
  959  Program of the United States Department of Defense and the
  960  United States Postal Service.
  961         (4) Cognizance shall be taken of the fact that vote-by-mail
  962  absentee ballots and other materials such as instructions and
  963  envelopes are to be carried via air mail, and, to the maximum
  964  extent possible, such ballots and materials shall be reduced in
  965  size and weight of paper. The same ballot shall be used,
  966  however, as is used by other vote-by-mail absentee voters.
  967         Section 28. Subsections (1) and (4) of section 101.6951,
  968  Florida Statutes, are amended to read:
  969         101.6951 State write-in vote-by-mail ballot.—
  970         (1) An overseas voter may request, not earlier than 180
  971  days before a general election, a state write-in vote-by-mail
  972  absentee ballot from the supervisor of elections in the county
  973  of registration. In order to receive a state write-in ballot,
  974  the voter shall state that due to military or other
  975  contingencies that preclude normal mail delivery, the voter
  976  cannot vote a vote-by-mail an absentee ballot during the normal
  977  vote-by-mail absentee voting period. State write-in vote-by-mail
  978  absentee ballots shall be made available to voters 90 to 180
  979  days prior to a general election. The Department of State shall
  980  prescribe by rule the form of the state write-in vote-by-mail
  981  ballot.
  982         (4) The state write-in vote-by-mail ballot shall contain
  983  all offices, federal, state, and local, for which the voter
  984  would otherwise be entitled to vote.
  985         Section 29. Section 101.6952, Florida Statutes, is amended
  986  to read:
  987         101.6952 Vote-by-mail Absentee ballots for absent uniformed
  988  services and overseas voters.—
  989         (1) If an absent uniformed services voter’s or an overseas
  990  voter’s request for an official vote-by-mail absentee ballot
  991  pursuant to s. 101.62 includes an e-mail address, the supervisor
  992  of elections shall:
  993         (a) Record the voter’s e-mail address in the vote-by-mail
  994  absentee ballot record;
  995         (b) Confirm by e-mail that the vote-by-mail absentee ballot
  996  request was received and include in that e-mail the estimated
  997  date the vote-by-mail absentee ballot will be sent to the voter;
  998  and
  999         (c) Notify the voter by e-mail when the voted vote-by-mail
 1000  absentee ballot is received by the supervisor of elections.
 1001         (2)(a) An absent uniformed services voter or an overseas
 1002  voter who makes timely application for but does not receive an
 1003  official vote-by-mail absentee ballot may use the federal write
 1004  in absentee ballot to vote in any federal election and any state
 1005  or local election involving two or more candidates.
 1006         (b)1. In an election for federal office, an elector may
 1007  designate a candidate by writing the name of a candidate on the
 1008  ballot. Except for a primary or special primary election, the
 1009  elector may alternatively designate a candidate by writing the
 1010  name of a political party on the ballot. A written designation
 1011  of the political party shall be counted as a vote for the
 1012  candidate of that party if there is such a party candidate in
 1013  the race.
 1014         2. In an election for a state or local office, an elector
 1015  may vote in the section of the federal write-in absentee ballot
 1016  designated for nonfederal races by writing on the ballot the
 1017  title of each office and by writing on the ballot the name of
 1018  the candidate for whom the elector is voting. Except for a
 1019  primary, special primary, or nonpartisan election, the elector
 1020  may alternatively designate a candidate by writing the name of a
 1021  political party on the ballot. A written designation of the
 1022  political party shall be counted as a vote for the candidate of
 1023  that party if there is such a party candidate in the race.
 1024         (c) In the case of a joint candidacy, such as for the
 1025  offices of President/Vice President or Governor/Lieutenant
 1026  Governor, a valid vote for one or both qualified candidates on
 1027  the same ticket shall constitute a vote for the joint candidacy.
 1028         (d) For purposes of this subsection and except where the
 1029  context clearly indicates otherwise, such as where a candidate
 1030  in the election is affiliated with a political party whose name
 1031  includes the word “Independent,” “Independence,” or similar
 1032  term, a voter designation of “No Party Affiliation” or
 1033  “Independent,” or any minor variation, misspelling, or
 1034  abbreviation thereof, shall be considered a designation for the
 1035  candidate, other than a write-in candidate, who qualified to run
 1036  in the race with no party affiliation. If more than one
 1037  candidate qualifies to run as a candidate with no party
 1038  affiliation, the designation shall not count for any candidate
 1039  unless there is a valid, additional designation of the
 1040  candidate’s name.
 1041         (e) Any abbreviation, misspelling, or other minor variation
 1042  in the form of the name of an office, the name of a candidate,
 1043  or the name of a political party must be disregarded in
 1044  determining the validity of the ballot.
 1045         (3)(a) An absent uniformed services voter or an overseas
 1046  voter who submits a federal write-in absentee ballot and later
 1047  receives an official vote-by-mail absentee ballot may submit the
 1048  official vote-by-mail absentee ballot. An elector who submits a
 1049  federal write-in absentee ballot and later receives and submits
 1050  an official vote-by-mail absentee ballot should make every
 1051  reasonable effort to inform the appropriate supervisor of
 1052  elections that the elector has submitted more than one ballot.
 1053         (b) A federal write-in absentee ballot may not be canvassed
 1054  until 7 p.m. on the day of the election. Each federal write-in
 1055  absentee ballot received by 7 p.m. on the day of the election
 1056  shall be canvassed pursuant to ss. 101.5614(5) and 101.68,
 1057  unless the elector’s official vote-by-mail absentee ballot is
 1058  received by 7 p.m. on election day. If the elector’s official
 1059  vote-by-mail absentee ballot is received by 7 p.m. on election
 1060  day, the federal write-in absentee ballot is invalid and the
 1061  official vote-by-mail absentee ballot shall be canvassed. The
 1062  time shall be regulated by the customary time in standard use in
 1063  the county seat of the locality.
 1064         (4) For vote-by-mail absentee ballots received from absent
 1065  uniformed services voters or overseas voters, there is a
 1066  presumption that the envelope was mailed on the date stated on
 1067  the outside of the return envelope, regardless of the absence of
 1068  a postmark on the mailed envelope or the existence of a postmark
 1069  date that is later than the date of the election.
 1070         (5) A vote-by-mail An absentee ballot from an overseas
 1071  voter in any presidential preference primary or general election
 1072  which is postmarked or dated no later than the date of the
 1073  election and is received by the supervisor of elections of the
 1074  county in which the overseas voter is registered no later than
 1075  10 days after the date of the election shall be counted as long
 1076  as the vote-by-mail absentee ballot is otherwise proper.
 1077         Section 30. Section 101.697, Florida Statutes, is amended
 1078  to read:
 1079         101.697 Electronic transmission of election materials.—The
 1080  Department of State shall determine whether secure electronic
 1081  means can be established for receiving ballots from overseas
 1082  voters. If such security can be established, the department
 1083  shall adopt rules to authorize a supervisor of elections to
 1084  accept from an overseas voter a request for a vote-by-mail an
 1085  absentee ballot or a voted vote-by-mail absentee ballot by
 1086  secure facsimile machine transmission or other secure electronic
 1087  means. The rules must provide that in order to accept a voted
 1088  ballot, the verification of the voter must be established, the
 1089  security of the transmission must be established, and each
 1090  ballot received must be recorded.
 1091         Section 31. Paragraph (a) of subsection (4) of section
 1092  102.031, Florida Statutes, is amended to read:
 1093         102.031 Maintenance of good order at polls; authorities;
 1094  persons allowed in polling rooms and early voting areas;
 1095  unlawful solicitation of voters.—
 1096         (4)(a) No person, political committee, or other group or
 1097  organization may solicit voters inside the polling place or
 1098  within 100 feet of the entrance to any polling place, a polling
 1099  room where the polling place is also a polling room, an early
 1100  voting site, or an office of the supervisor of elections where
 1101  vote-by-mail absentee ballots are requested and printed on
 1102  demand for the convenience of electors who appear in person to
 1103  request them. Before the opening of the polling place or early
 1104  voting site, the clerk or supervisor shall designate the no
 1105  solicitation zone and mark the boundaries.
 1106         Section 32. Subsections (2), (3), and (4) of section
 1107  102.141, Florida Statutes, are amended to read:
 1108         102.141 County canvassing board; duties.—
 1109         (2) The county canvassing board shall meet in a building
 1110  accessible to the public in the county where the election
 1111  occurred at a time and place to be designated by the supervisor
 1112  of elections to publicly canvass the absent absentee electors’
 1113  ballots as provided for in s. 101.68 and provisional ballots as
 1114  provided by ss. 101.048, 101.049, and 101.6925. Provisional
 1115  ballots cast pursuant to s. 101.049 shall be canvassed in a
 1116  manner that votes for candidates and issues on those ballots can
 1117  be segregated from other votes. Public notice of the time and
 1118  place at which the county canvassing board shall meet to canvass
 1119  the absent absentee electors’ ballots and provisional ballots
 1120  shall be given at least 48 hours prior thereto by publication on
 1121  the supervisor of elections’ website and once in one or more
 1122  newspapers of general circulation in the county or, if there is
 1123  no newspaper of general circulation in the county, by posting
 1124  such notice in at least four conspicuous places in the county.
 1125  As soon as the absent absentee electors’ ballots and the
 1126  provisional ballots are canvassed, the board shall proceed to
 1127  publicly canvass the vote given each candidate, nominee,
 1128  constitutional amendment, or other measure submitted to the
 1129  electorate of the county, as shown by the returns then on file
 1130  in the office of the supervisor of elections.
 1131         (3) The canvass, except the canvass of absent absentee
 1132  electors’ returns and the canvass of provisional ballots, shall
 1133  be made from the returns and certificates of the inspectors as
 1134  signed and filed by them with the supervisor, and the county
 1135  canvassing board shall not change the number of votes cast for a
 1136  candidate, nominee, constitutional amendment, or other measure
 1137  submitted to the electorate of the county, respectively, in any
 1138  polling place, as shown by the returns. All returns shall be
 1139  made to the board on or before 2 a.m. of the day following any
 1140  primary, general, or other election. If the returns from any
 1141  precinct are missing, if there are any omissions on the returns
 1142  from any precinct, or if there is an obvious error on any such
 1143  returns, the canvassing board shall order a retabulation of the
 1144  returns from such precinct. Before canvassing such returns, the
 1145  canvassing board shall examine the tabulation of the ballots
 1146  cast in such precinct and determine whether the returns
 1147  correctly reflect the votes cast. If there is a discrepancy
 1148  between the returns and the tabulation of the ballots cast, the
 1149  tabulation of the ballots cast shall be presumed correct and
 1150  such votes shall be canvassed accordingly.
 1151         (4)(a) The supervisor of elections shall upload into the
 1152  county’s election management system by 7 p.m. on the day before
 1153  the election the results of all early voting and vote-by-mail
 1154  absentee ballots that have been canvassed and tabulated by the
 1155  end of the early voting period. Pursuant to ss. 101.5614(9),
 1156  101.657, and 101.68(2), the tabulation of votes cast or the
 1157  results of such uploads may not be made public before the close
 1158  of the polls on election day.
 1159         (b) The canvassing board shall report all early voting and
 1160  all tabulated vote-by-mail absentee results to the Department of
 1161  State within 30 minutes after the polls close. Thereafter, the
 1162  canvassing board shall report, with the exception of provisional
 1163  ballot results, updated precinct election results to the
 1164  department at least every 45 minutes until all results are
 1165  completely reported. The supervisor of elections shall notify
 1166  the department immediately of any circumstances that do not
 1167  permit periodic updates as required. Results shall be submitted
 1168  in a format prescribed by the department.
 1169         Section 33. Subsection (8) of section 102.168, Florida
 1170  Statutes, is amended to read:
 1171         102.168 Contest of election.—
 1172         (8) In any contest that requires a review of the canvassing
 1173  board’s decision on the legality of a vote-by-mail an absentee
 1174  ballot pursuant to s. 101.68 based upon a comparison of the
 1175  signature on the voter’s certificate and the signature of the
 1176  elector in the registration records, the circuit court may not
 1177  review or consider any evidence other than the signature on the
 1178  voter’s certificate and the signature of the elector in the
 1179  registration records. The court’s review of such issue shall be
 1180  to determine only if the canvassing board abused its discretion
 1181  in making its decision.
 1182         Section 34. Subsection (1) of section 104.047, Florida
 1183  Statutes, is amended to read:
 1184         104.047 Vote-by-mail Absentee ballots and voting;
 1185  violations.—
 1186         (1) Except as provided in s. 101.62 or s. 101.655, any
 1187  person who requests a vote-by-mail an absentee ballot on behalf
 1188  of an elector is guilty of a felony of the third degree,
 1189  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1190         Section 35. Section 104.0616, Florida Statutes, is amended
 1191  to read:
 1192         104.0616 Vote-by-mail Absentee ballots and voting;
 1193  violations.—
 1194         (1) For purposes of this section, the term “immediate
 1195  family” means a person’s spouse or the parent, child,
 1196  grandparent, or sibling of the person or the person’s spouse.
 1197         (2) Any person who provides or offers to provide, and any
 1198  person who accepts, a pecuniary or other benefit in exchange for
 1199  distributing, ordering, requesting, collecting, delivering, or
 1200  otherwise physically possessing more than two vote-by-mail
 1201  absentee ballots per election in addition to his or her own
 1202  ballot or a ballot belonging to an immediate family member,
 1203  except as provided in ss. 101.6105-101.694, commits a
 1204  misdemeanor of the first degree, punishable as provided in s.
 1205  775.082, s. 775.083, or s. 775.084.
 1206         Section 36. Section 104.17, Florida Statutes, is amended to
 1207  read:
 1208         104.17 Voting in person after casting vote-by-mail absentee
 1209  ballot.—Any person who willfully votes or attempts to vote both
 1210  in person and by vote-by-mail absentee ballot at any election is
 1211  guilty of a felony of the third degree, punishable as provided
 1212  in s. 775.082, s. 775.083, or s. 775.084.
 1213         Section 37. Paragraph (b) of subsection (2) of section
 1214  117.05, Florida Statutes, is amended to read:
 1215         117.05 Use of notary commission; unlawful use; notary fee;
 1216  seal; duties; employer liability; name change; advertising;
 1217  photocopies; penalties.—
 1218         (2)
 1219         (b) A notary public may not charge a fee for witnessing a
 1220  vote-by-mail an absentee ballot in an election, and must witness
 1221  such a ballot upon the request of an elector, provided the
 1222  notarial act is in accordance with the provisions of this
 1223  chapter.
 1224         Section 38. Subsection (7) of section 394.459, Florida
 1225  Statutes, is amended to read:
 1226         394.459 Rights of patients.—
 1227         (7) VOTING IN PUBLIC ELECTIONS.—A patient who is eligible
 1228  to vote according to the laws of the state has the right to vote
 1229  in the primary and general elections. The department shall
 1230  establish rules to enable patients to obtain voter registration
 1231  forms, applications for vote-by-mail absentee ballots, and vote
 1232  by-mail absentee ballots.
 1233         Section 39. Section 741.406, Florida Statutes, is amended
 1234  to read:
 1235         741.406 Voting by program participant; use of designated
 1236  address by supervisor of elections.—A program participant who is
 1237  otherwise qualified to vote may request a vote-by-mail an
 1238  absentee ballot pursuant to s. 101.62. The program participant
 1239  shall automatically receive vote-by-mail absentee ballots for
 1240  all elections in the jurisdictions in which that individual
 1241  resides in the same manner as vote-by-mail absentee voters. The
 1242  supervisor of elections shall transmit the vote-by-mail absentee
 1243  ballot to the program participant at the address designated by
 1244  the participant in his or her application as a vote-by-mail an
 1245  absentee voter. The name, address, and telephone number of a
 1246  program participant may not be included in any list of
 1247  registered voters available to the public.
 1248         Section 40. Subsection (7) of section 916.107, Florida
 1249  Statutes, is amended to read:
 1250         916.107 Rights of forensic clients.—
 1251         (7) VOTING IN PUBLIC ELECTIONS.—A forensic client who is
 1252  eligible to vote according to the laws of the state has the
 1253  right to vote in the primary and general elections. The
 1254  department and agency shall establish rules to enable clients to
 1255  obtain voter registration forms, applications for vote-by-mail
 1256  absentee ballots, and vote-by-mail absentee ballots.
 1257         Section 41. This act shall take effect July 1, 2015.