Florida Senate - 2016                                    SB 1346
       
       
        
       By Senator Smith
       
       31-01235-16                                           20161346__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending ss. 101.6102,
    3         101.6103, 101.64, 101.65, 101.6921, and 101.6923,
    4         F.S.; requiring return mailing envelopes used in mail
    5         ballot elections and enclosed with absentee ballots
    6         and special absentee ballots for certain first-time
    7         voters to include prepaid return postage; requiring
    8         the state to reimburse the supervisor of elections for
    9         expenses incurred through prepayment of return
   10         postage; requiring the Department of State to verify
   11         such expenses and authorize reimbursement payments;
   12         conforming provisions to changes made by the act;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (4) of section 101.6102, Florida
   18  Statutes, is amended to read:
   19         101.6102 Mail ballot elections; limitations.—
   20         (4) The costs of a mail ballot election shall be borne by
   21  the jurisdiction initiating the calling of the election, unless
   22  otherwise provided by law. However, the supervisor shall be
   23  reimbursed by the state for expenses incurred as a result of
   24  prepaying return postage on the return mailing envelope used in
   25  the mail ballot election. The department shall verify such
   26  expenses and authorize payment for reimbursement to the
   27  supervisor.
   28         Section 2. Subsections (1) and (7) of section 101.6103,
   29  Florida Statutes, are amended to read:
   30         101.6103 Mail ballot election procedure.—
   31         (1) Except as otherwise provided in subsection (7), the
   32  supervisor of elections shall mail all official ballots with a
   33  secrecy envelope, a return mailing envelope with return postage
   34  prepaid, and instructions sufficient to describe the voting
   35  process to each elector entitled to vote in the election not
   36  sooner than the 20th day before the election and not later than
   37  the 10th day before the date of the election. All such ballots
   38  shall be mailed by first-class mail. Ballots shall be addressed
   39  to each elector at the address appearing in the registration
   40  records and placed in an envelope which is prominently marked
   41  “Do Not Forward.”
   42         (7) With respect to absent electors overseas entitled to
   43  vote in the election, the supervisor of elections shall mail an
   44  official ballot with a secrecy envelope, a return mailing
   45  envelope with return postage prepaid, and instructions
   46  sufficient to describe the voting process to each such elector
   47  on a date sufficient to allow such elector time to vote in the
   48  election and to have his or her marked ballot reach the
   49  supervisor by 7 p.m. on the day of the election.
   50         Section 3. Subsection (1) of section 101.64, Florida
   51  Statutes, is amended, and subsection (5) is added to that
   52  section, to read:
   53         101.64 Delivery of absentee ballots; envelopes; form.—
   54         (1) The supervisor shall enclose with each absentee ballot
   55  two envelopes: a secrecy envelope, into which the absent elector
   56  shall enclose his or her marked ballot; and a mailing envelope
   57  with return postage prepaid, into which the absent elector shall
   58  then place the secrecy envelope, which shall be addressed to the
   59  supervisor and also bear on the back side a certificate in
   60  substantially the following form:
   61  
   62           Note: Please Read Instructions Carefully Before         
   63         Marking Ballot and Completing Voter’s Certificate.        
   64  
   65                         VOTER’S CERTIFICATE                       
   66         I, ...., do solemnly swear or affirm that I am a qualified
   67  and registered voter of .... County, Florida, and that I have
   68  not and will not vote more than one ballot in this election. I
   69  understand that if I commit or attempt to commit any fraud in
   70  connection with voting, vote a fraudulent ballot, or vote more
   71  than once in an election, I can be convicted of a felony of the
   72  third degree and fined up to $5,000 and/or imprisoned for up to
   73  5 years. I also understand that failure to sign this certificate
   74  will invalidate my ballot.
   75  
   76  ...(Date)...                           ...(Voter’s Signature)...
   77         (5) The supervisor shall be reimbursed by the state for
   78  expenses incurred as a result of prepaying return postage on the
   79  return mailing envelope enclosed with each absentee ballot. The
   80  department shall verify such expenses and authorize payment for
   81  reimbursement to the supervisor.
   82         Section 4. Section 101.65, Florida Statutes, is amended to
   83  read:
   84         101.65 Instructions to absent electors.—The supervisor
   85  shall enclose with each absentee ballot separate printed
   86  instructions in substantially the following form:
   87  
   88                  READ THESE INSTRUCTIONS CAREFULLY                
   89                       BEFORE MARKING BALLOT.                      
   90         1. VERY IMPORTANT. In order to ensure that your absentee
   91  ballot will be counted, it should be completed and returned as
   92  soon as possible so that it can reach the supervisor of
   93  elections of the county in which your precinct is located no
   94  later than 7 p.m. on the day of the election. However, if you
   95  are an overseas voter casting a ballot in a presidential
   96  preference primary or general election, your absentee ballot
   97  must be postmarked or dated no later than the date of the
   98  election and received by the supervisor of elections of the
   99  county in which you are registered to vote no later than 10 days
  100  after the date of the election.
  101         2. Mark your ballot in secret as instructed on the ballot.
  102  You must mark your own ballot unless you are unable to do so
  103  because of blindness, disability, or inability to read or write.
  104         3. Mark only the number of candidates or issue choices for
  105  a race as indicated on the ballot. If you are allowed to “Vote
  106  for One” candidate and you vote for more than one candidate,
  107  your vote in that race will not be counted.
  108         4. Place your marked ballot in the enclosed secrecy
  109  envelope.
  110         5. Insert the secrecy envelope into the enclosed mailing
  111  envelope which is addressed to the supervisor.
  112         6. Seal the mailing envelope and completely fill out the
  113  Voter’s Certificate on the back of the mailing envelope.
  114         7. VERY IMPORTANT. In order for your absentee ballot to be
  115  counted, you must sign your name on the line above (Voter’s
  116  Signature). An absentee ballot will be considered illegal and
  117  not be counted if the signature on the voter’s certificate does
  118  not match the signature on record. The signature on file at the
  119  start of the canvass of the absentee ballots is the signature
  120  that will be used to verify your signature on the voter’s
  121  certificate. If you need to update your signature for this
  122  election, send your signature update on a voter registration
  123  application to your supervisor of elections so that it is
  124  received no later than the start of the canvassing of absentee
  125  ballots, which occurs no earlier than the 15th day before
  126  election day.
  127         8. VERY IMPORTANT. If you are an overseas voter, you must
  128  include the date you signed the Voter’s Certificate on the line
  129  above (Date) or your ballot may not be counted.
  130         9. Mail, deliver, or have delivered the completed mailing
  131  envelope. Be sure there is sufficient postage if mailed.
  132         10. FELONY NOTICE. It is a felony under Florida law to
  133  accept any gift, payment, or gratuity in exchange for your vote
  134  for a candidate. It is also a felony under Florida law to vote
  135  in an election using a false identity or false address, or under
  136  any other circumstances making your ballot false or fraudulent.
  137         Section 5. Subsection (2) of section 101.6921, Florida
  138  Statutes, is amended, and subsection (5) is added to that
  139  section, to read:
  140         101.6921 Delivery of special absentee ballot to certain
  141  first-time voters.—
  142         (2) The supervisor shall enclose with each absentee ballot
  143  three envelopes: a secrecy envelope, into which the absent
  144  elector will enclose his or her marked ballot; an envelope
  145  containing the Voter’s Certificate, into which the absent
  146  elector shall place the secrecy envelope; and a mailing envelope
  147  with the return postage prepaid, which shall be addressed to the
  148  supervisor and into which the absent elector will place the
  149  envelope containing the Voter’s Certificate and a copy of the
  150  required identification.
  151         (5) The supervisor shall be reimbursed by the state for
  152  expenses incurred as a result of prepaying return postage on the
  153  return mailing envelope enclosed with each special absentee
  154  ballot. The department shall verify such expenses and authorize
  155  payment for reimbursement to the supervisor.
  156         Section 6. Subsection (2) of section 101.6923, Florida
  157  Statutes, is amended to read:
  158         101.6923 Special absentee ballot instructions for certain
  159  first-time voters.—
  160         (2) A voter covered by this section shall be provided with
  161  printed instructions with his or her absentee ballot in
  162  substantially the following form:
  163  
  164         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
  165         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
  166         YOUR BALLOT NOT TO COUNT.
  167  
  168         1. In order to ensure that your absentee ballot will be
  169  counted, it should be completed and returned as soon as possible
  170  so that it can reach the supervisor of elections of the county
  171  in which your precinct is located no later than 7 p.m. on the
  172  date of the election. However, if you are an overseas voter
  173  casting a ballot in a presidential preference primary or general
  174  election, your absentee ballot must be postmarked or dated no
  175  later than the date of the election and received by the
  176  supervisor of elections of the county in which you are
  177  registered to vote no later than 10 days after the date of the
  178  election.
  179         2. Mark your ballot in secret as instructed on the ballot.
  180  You must mark your own ballot unless you are unable to do so
  181  because of blindness, disability, or inability to read or write.
  182         3. Mark only the number of candidates or issue choices for
  183  a race as indicated on the ballot. If you are allowed to “Vote
  184  for One” candidate and you vote for more than one, your vote in
  185  that race will not be counted.
  186         4. Place your marked ballot in the enclosed secrecy
  187  envelope and seal the envelope.
  188         5. Insert the secrecy envelope into the enclosed envelope
  189  bearing the Voter’s Certificate. Seal the envelope and
  190  completely fill out the Voter’s Certificate on the back of the
  191  envelope.
  192         a. You must sign your name on the line above (Voter’s
  193  Signature).
  194         b. If you are an overseas voter, you must include the date
  195  you signed the Voter’s Certificate on the line above (Date) or
  196  your ballot may not be counted.
  197         c. An absentee ballot will be considered illegal and will
  198  not be counted if the signature on the Voter’s Certificate does
  199  not match the signature on record. The signature on file at the
  200  start of the canvass of the absentee ballots is the signature
  201  that will be used to verify your signature on the Voter’s
  202  Certificate. If you need to update your signature for this
  203  election, send your signature update on a voter registration
  204  application to your supervisor of elections so that it is
  205  received no later than the start of canvassing of absentee
  206  ballots, which occurs no earlier than the 15th day before
  207  election day.
  208         6. Unless you meet one of the exemptions in Item 7., you
  209  must make a copy of one of the following forms of
  210  identification:
  211         a. Identification which must include your name and
  212  photograph: United States passport; debit or credit card;
  213  military identification; student identification; retirement
  214  center identification; neighborhood association identification;
  215  or public assistance identification; or
  216         b. Identification which shows your name and current
  217  residence address: current utility bill, bank statement,
  218  government check, paycheck, or government document (excluding
  219  voter identification card).
  220         7. The identification requirements of Item 6. do not apply
  221  if you meet one of the following requirements:
  222         a. You are 65 years of age or older.
  223         b. You have a temporary or permanent physical disability.
  224         c. You are a member of a uniformed service on active duty
  225  who, by reason of such active duty, will be absent from the
  226  county on election day.
  227         d. You are a member of the Merchant Marine who, by reason
  228  of service in the Merchant Marine, will be absent from the
  229  county on election day.
  230         e. You are the spouse or dependent of a member referred to
  231  in paragraph c. or paragraph d. who, by reason of the active
  232  duty or service of the member, will be absent from the county on
  233  election day.
  234         f. You are currently residing outside the United States.
  235         8. Place the envelope bearing the Voter’s Certificate into
  236  the mailing envelope addressed to the supervisor. Insert a copy
  237  of your identification in the mailing envelope. DO NOT PUT YOUR
  238  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
  239  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
  240  BALLOT WILL NOT COUNT.
  241         9. Mail, deliver, or have delivered the completed mailing
  242  envelope. Be sure there is sufficient postage if mailed.
  243         10. FELONY NOTICE. It is a felony under Florida law to
  244  accept any gift, payment, or gratuity in exchange for your vote
  245  for a candidate. It is also a felony under Florida law to vote
  246  in an election using a false identity or false address, or under
  247  any other circumstances making your ballot false or fraudulent.
  248         Section 7. This act shall take effect July 1, 2016.