Florida Senate - 2016                                     SB 532
       By Senator Gibson
       9-00119-16                                             2016532__
    1                        A bill to be entitled                      
    2         An act relating to provisional ballots; amending s.
    3         101.048, F.S.; requiring the supervisor of elections
    4         to allow a person who voted a provisional ballot to
    5         submit an affidavit to cure an unsigned Provisional
    6         Ballot Voter’s Certificate and Affirmation;
    7         prescribing the form and content of the affidavit;
    8         providing instructions to accompany each affidavit;
    9         requiring the affidavit, instructions, and the
   10         supervisor’s contact information to be posted on
   11         specified websites; requiring the supervisor to attach
   12         a received affidavit to the corresponding provisional
   13         ballot envelope; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Paragraph (b) of subsection (2) of section
   18  101.048, Florida Statutes, is amended, and subsection (7) is
   19  added to that section, to read:
   20         101.048 Provisional ballots.—
   21         (2)
   22         (b)1. If it is determined that the person was registered
   23  and entitled to vote at the precinct where the person cast a
   24  vote in the election, the canvassing board shall compare the
   25  signature on the Provisional Ballot Voter’s Certificate and
   26  Affirmation or the Provisional Ballot Affidavit, if applicable,
   27  with the signature on the voter’s registration and, if it
   28  matches, shall count the ballot.
   29         2. If it is determined that the person voting the
   30  provisional ballot was not registered or entitled to vote at the
   31  precinct where the person cast a vote in the election, the
   32  provisional ballot shall not be counted and the ballot shall
   33  remain in the envelope containing the Provisional Ballot Voter’s
   34  Certificate and Affirmation and the envelope shall be marked
   35  “Rejected as Illegal.”
   36         (7) Until 5 p.m. on the second day following the election,
   37  the supervisor of elections shall allow a person who has voted a
   38  provisional ballot that does not include the person’s signature
   39  on the Provisional Ballot Voter’s Certificate and Affirmation to
   40  complete and submit an affidavit in order to cure the unsigned
   41  provisional ballot. The supervisor of elections may allow a
   42  person to submit an affidavit to cure an unsigned provisional
   43  ballot only if the person’s identity can otherwise be
   44  ascertained through information provided in the Provisional
   45  Ballot Voter’s Certificate and Affirmation.
   46         (a) The person must provide identification to the
   47  supervisor of elections and must complete a provisional ballot
   48  affidavit in substantially the following form:
   50                    PROVISIONAL BALLOT AFFIDAVIT                   
   51         I, ...., am a qualified voter in this election and
   52  registered voter of .... County, Florida. I do solemnly swear or
   53  affirm that I voted a provisional ballot and that I have not and
   54  will not vote more than one ballot in this election. I
   55  understand that if I commit or attempt any fraud in connection
   56  with voting, vote a fraudulent ballot, or vote more than once in
   57  an election, I may be convicted of a felony of the third degree,
   58  fined up to $5,000, and imprisoned for up to 5 years. I
   59  understand that my failure to sign this affidavit means that my
   60  provisional ballot will be invalidated.
   62  ...(Voter’s Signature)...
   64  ...(Address)...
   66         (b) Instructions must accompany the provisional ballot
   67  affidavit in substantially the following form:
   73         1. In order to cure the missing signature on your
   74  Provisional Ballot Voter’s Certificate and Affirmation, your
   75  affidavit should be completed and returned as soon as possible
   76  so that it can reach the supervisor of elections of the county
   77  in which your precinct is located no later than 5 p.m. on the
   78  second day following the election.
   79         2. You must sign your name on the line above (Voter’s
   80  Signature).
   81         3. You must make a copy of one of the following forms of
   82  identification:
   83         a. Identification that includes your name and photograph:
   84  United States passport; debit or credit card; military
   85  identification; student identification; retirement center
   86  identification; neighborhood association identification; or
   87  public assistance identification; or
   88         b. Identification that shows your name and current
   89  residence address: current utility bill; bank statement;
   90  government check; paycheck; or government document (excluding
   91  voter identification card).
   92         4. Place the envelope bearing the affidavit into a mailing
   93  envelope addressed to the supervisor of elections. Insert a copy
   94  of your identification in the mailing envelope. Mail, deliver,
   95  or have delivered the completed affidavit along with the copy of
   96  your identification to your county supervisor of elections. Be
   97  sure there is sufficient postage if mailed and that the
   98  supervisor’s address is correct.
   99         5. Alternatively, you may fax or e-mail your completed
  100  affidavit and a copy of your identification to the supervisor of
  101  elections. If e-mailing, please provide these documents as
  102  attachments.
  103         6. Submitting a provisional ballot affidavit does not
  104  establish your eligibility to vote in this election or guarantee
  105  that your ballot will be counted. The county canvassing board
  106  determines your eligibility to vote through information provided
  107  on the Provisional Ballot Voter’s Certificate and Affirmation,
  108  written evidence provided by the voter, and any other evidence
  109  presented by the supervisor of elections or a challenger. You
  110  may still be required to present additional written evidence to
  111  support your eligibility to vote no later than 5 p.m. on the
  112  second day following the election.
  113         (c) The department and each supervisor of elections shall
  114  include the affidavit and instructions on their respective
  115  websites. The supervisor of elections shall include his or her
  116  office’s mailing address, e-mail address, and facsimile number
  117  on the page containing the affidavit instructions; the
  118  department’s instruction page must include the office mailing
  119  addresses, e-mail addresses, and facsimile numbers of all
  120  supervisors of elections or provide a conspicuous link to such
  121  addresses.
  122         (d) The supervisor of elections shall attach each affidavit
  123  received to the appropriate provisional ballot envelope
  124  containing the Provisional Ballot Voter’s Certificate and
  125  Affirmation.
  126         Section 2. This act shall take effect July 1, 2016.