Florida Senate - 2017                                    SB 1160
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-00728B-17                                           20171160__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 97.021,
    3         F.S.; revising the definition of the term “marksense
    4         ballot”; amending s. 99.061, F.S.; requiring a
    5         candidate to provide a money order or cashier’s check
    6         drawn upon his or her campaign account to the filing
    7         officer if not qualifying by petition; deleting
    8         provisions regarding returned checks, to conform;
    9         amending s. 100.011, F.S.; specifying conditions under
   10         which a court may extend the time of the official
   11         closing of the polls; amending s. 101.131, F.S.;
   12         prohibiting an elected official from being designated
   13         as a poll watcher; amending s. 101.151, F.S.;
   14         specifying applicability of ballot layout requirements
   15         with respect to voting systems using a voter interface
   16         device to designate an elector’s ballot selections;
   17         amending s. 101.20, F.S.; providing an exception to
   18         the requirement that the supervisor of elections
   19         publish a sample ballot in a newspaper of general
   20         circulation if a sample ballot is mailed to a
   21         registered voter’s household by a specified time;
   22         amending s. 101.5603, F.S.; revising the definition of
   23         the term “marking device”; amending s. 101.56075,
   24         F.S.; revising a reference regarding the use of a
   25         marking device; amending s. 101.68, F.S.; deleting an
   26         obsolete date; modifying and clarifying provisions
   27         governing the canvassing of vote-by-mail ballots;
   28         authorizing use of the vote-by-mail ballot cure
   29         affidavit if an elector’s signature does not match the
   30         signature in the registration books or precinct
   31         register; requiring the supervisor of elections to
   32         immediately notify an elector upon receipt of a vote
   33         by-mail ballot with a missing or mismatched signature;
   34         revising terminology; revising the cure affidavit
   35         instructions with respect to acceptable forms of
   36         identification; specifying that a Florida driver
   37         license or Florida identification card are acceptable
   38         forms of identification for purposes of curing a vote
   39         by-mail ballot; expanding the scope of post-election
   40         signature update requests to include electors who
   41         cured a vote-by-mail ballot with a mismatched
   42         signature; amending s. 105.031, F.S.; requiring
   43         certain nonpartisan candidates to provide a money
   44         order or cashier’s check drawn upon his or her
   45         campaign account to the filing officer if not
   46         qualifying by petition; deleting provisions regarding
   47         returned checks, to conform; providing an effective
   48         date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Subsection (5) of section 97.021, Florida
   53  Statutes, is amended to read:
   54         97.021 Definitions.—For the purposes of this code, except
   55  where the context clearly indicates otherwise, the term:
   56         (5) “Ballot” or “official ballot” when used in reference
   57  to:
   58         (a) “Marksense ballot ballots” means a that printed sheet
   59  of paper, used in conjunction with an electronic or
   60  electromechanical vote tabulation voting system, containing the
   61  names of candidates, or a statement of proposed constitutional
   62  amendments or other questions or propositions submitted to the
   63  electorate at any election, or the selections made by the
   64  elector of candidates or other questions or propositions at an
   65  election, on which sheet of paper an elector casts his or her
   66  vote either directly on the sheet of paper or indirectly through
   67  the use of a voter interface device used to designate the
   68  elector’s ballot selections on the sheet of paper.
   69         (b) “Electronic or electromechanical devices” means a
   70  ballot that is voted by the process of electronically
   71  designating, including by touchscreen, or marking with a marking
   72  device for tabulation by automatic tabulating equipment or data
   73  processing equipment.
   74         Section 2. Paragraph (a) of subsection (7) of section
   75  99.061, Florida Statutes, is amended to read:
   76         99.061 Method of qualifying for nomination or election to
   77  federal, state, county, or district office.—
   78         (7)(a) In order for a candidate to be qualified, the
   79  following items must be received by the filing officer by the
   80  end of the qualifying period:
   81         1. A money order or cashier’s check properly executed check
   82  drawn upon funds in the candidate’s campaign account payable to
   83  the person or entity as prescribed by the filing officer in an
   84  amount not less than the fee required by s. 99.092, unless the
   85  candidate obtained the required number of signatures on
   86  petitions pursuant to s. 99.095. The filing fee for a special
   87  district candidate is not required to be drawn upon funds in the
   88  candidate’s campaign account. If a candidate’s check is returned
   89  by the bank for any reason, the filing officer shall immediately
   90  notify the candidate and the candidate shall have until the end
   91  of qualifying to pay the fee with a cashier’s check purchased
   92  from funds of the campaign account. Failure to pay the fee as
   93  provided in this subparagraph shall disqualify the candidate.
   94         2. The candidate’s oath required by s. 99.021, which must
   95  contain the name of the candidate as it is to appear on the
   96  ballot; the office sought, including the district or group
   97  number if applicable; and the signature of the candidate, which
   98  must be verified under oath or affirmation pursuant to s.
   99  92.525(1)(a).
  100         3. If the office sought is partisan, the written statement
  101  of political party affiliation required by s. 99.021(1)(b).
  102         4. The completed form for the appointment of campaign
  103  treasurer and designation of campaign depository, as required by
  104  s. 106.021.
  105         5. The full and public disclosure or statement of financial
  106  interests required by subsection (5). A public officer who has
  107  filed the full and public disclosure or statement of financial
  108  interests with the Commission on Ethics or the supervisor of
  109  elections prior to qualifying for office may file a copy of that
  110  disclosure at the time of qualifying.
  111         Section 3. Present subsections (3) and (4) of section
  112  100.011, Florida Statutes, are renumbered as subsections (4) and
  113  (5), respectively, and a new subsection (3) is added to that
  114  section, to read:
  115         100.011 Opening and closing of polls, all elections;
  116  expenses.—
  117         (3) A court may not extend the time of the official closing
  118  of the polls unless there is a specific showing or finding of
  119  fact that extraordinary circumstances exist to justify the
  120  extension.
  121         Section 4. Subsection (3) of section 101.131, Florida
  122  Statutes, is amended to read:
  123         101.131 Watchers at polls.—
  124         (3) An elected official, No candidate, or sheriff, deputy
  125  sheriff, police officer, or other law enforcement officer may
  126  not be designated as a poll watcher.
  127         Section 5. Subsection (10) is added to section 101.151,
  128  Florida Statutes, to read:
  129         101.151 Specifications for ballots.—
  130         (10) With respect to any voting system that uses a voter
  131  interface device to designate the elector’s ballot selections on
  132  a sheet of paper, the requirements of this section, s. 101.161,
  133  and ss. 101.2512-101.254 which prescribe specifications for
  134  ballot layout apply only to how the candidates and issues are
  135  displayed on the voter interface device.
  136         Section 6. Subsection (2) of section 101.20, Florida
  137  Statutes, is amended to read:
  138         101.20 Publication of ballot form; sample ballots.—
  139         (2) Upon completion of the list of qualified candidates, a
  140  sample ballot shall be published by the supervisor of elections
  141  in a newspaper of general circulation in the county, before the
  142  day of election. However, the supervisor is not required to
  143  publish the sample ballot in a newspaper of general circulation
  144  in the county if the supervisor mails a sample ballot to each
  145  household where there is a registered elector at least 7 days
  146  before the election. The A supervisor may send a sample ballot
  147  to each registered elector by e-mail at least 7 days before an
  148  election if an e-mail address has been provided and the elector
  149  has opted to receive a sample ballot by electronic delivery. If
  150  an e-mail address has not been provided, or if the elector has
  151  not opted for electronic delivery, a sample ballot may be mailed
  152  to each registered elector or to each household in which there
  153  is a registered elector at least 7 days before an election.
  154         Section 7. Subsection (5) of section 101.5603, Florida
  155  Statutes, is amended to read:
  156         101.5603 Definitions relating to Electronic Voting Systems
  157  Act.—As used in this act, the term:
  158         (5) “Marking device” means any approved device for marking
  159  a ballot with ink or other substance, including the use of a
  160  voter interface device, which will enable the ballot to be
  161  tabulated by means of automatic tabulating equipment.
  162         Section 8. Subsection (1) of section 101.56075, Florida
  163  Statutes, is amended to read:
  164         101.56075 Voting methods.—
  165         (1) Except as provided in subsection (2), all voting shall
  166  be by marksense ballot using utilizing a marking device for the
  167  purpose of designating ballot selections.
  168         Section 9. Section 101.68, Florida Statutes, is amended to
  169  read:
  170         101.68 Canvassing of vote-by-mail ballot.—
  171         (1) The supervisor of the county where the absent elector
  172  resides shall receive the voted ballot, at which time the
  173  supervisor shall compare the signature of the elector on the
  174  voter’s certificate with the signature of the elector in the
  175  registration books or the precinct register to determine whether
  176  the elector is duly registered in the county and may record on
  177  the elector’s registration certificate that the elector has
  178  voted. However, effective July 1, 2005, An elector who dies
  179  after casting a vote-by-mail ballot but on or before election
  180  day shall remain listed in the registration books until the
  181  results have been certified for the election in which the ballot
  182  was cast. The supervisor shall safely keep the ballot unopened
  183  in his or her office until the county canvassing board canvasses
  184  the vote. Except as provided in subsection (4), after a vote-by
  185  mail ballot is received by the supervisor, the ballot is deemed
  186  to have been cast, and changes or additions may not be made to
  187  the voter’s certificate.
  188         (2)(a) The county canvassing board may begin the canvassing
  189  of vote-by-mail ballots at 7 a.m. on the 15th day before the
  190  election, but not later than noon on the day following the
  191  election. In addition, for any county using electronic
  192  tabulating equipment, the processing of vote-by-mail ballots
  193  through such tabulating equipment may begin at 7 a.m. on the
  194  15th day before the election. However, notwithstanding any such
  195  authorization to begin canvassing or otherwise processing vote
  196  by-mail ballots early, no result shall be released until after
  197  the closing of the polls in that county on election day. Any
  198  supervisor of elections, deputy supervisor of elections,
  199  canvassing board member, election board member, or election
  200  employee who releases the results of a canvassing or processing
  201  of vote-by-mail ballots prior to the closing of the polls in
  202  that county on election day commits a felony of the third
  203  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  204  775.084.
  205         (b) To ensure that all vote-by-mail ballots to be counted
  206  by the canvassing board are accounted for, the canvassing board
  207  shall compare the number of ballots in its possession with the
  208  number of requests for ballots received to be counted according
  209  to the supervisor’s file or list.
  210         (c)1. The canvassing board must shall, if the supervisor
  211  has not already done so, compare the signature of the elector on
  212  the voter’s certificate or on the vote-by-mail ballot cure
  213  affidavit as provided in subsection (4) with the signature of
  214  the elector in the registration books or the precinct register
  215  to see that the elector is duly registered in the county and to
  216  determine the legality of that vote-by-mail ballot. A vote-by
  217  mail ballot may only be counted if:
  218         a. The signature on the voter’s certificate or the cure
  219  affidavit matches the elector’s signature in the registration
  220  books or precinct register; however, in the case of a cure
  221  affidavit, the supporting identification listed in subsection
  222  (4) must also confirm the identity of the elector; or
  223         b. The cure affidavit contains a signature that does not
  224  match the elector’s signature in the registration books or
  225  precinct register, but the elector has submitted a current and
  226  valid Tier 1 identification pursuant to subsection (4) which
  227  confirms the identity of the elector.
  228         2. The ballot of an elector who casts a vote-by-mail ballot
  229  shall be counted even if the elector dies on or before election
  230  day, as long as, before prior to the death of the voter, the
  231  ballot was postmarked by the United States Postal Service, date
  232  stamped with a verifiable tracking number by a common carrier,
  233  or already in the possession of the supervisor of elections. A
  234  vote-by-mail ballot is considered illegal if the voter’s
  235  certificate or vote-by-mail ballot affidavit does not include
  236  the signature of the elector, as shown by the registration
  237  records or the precinct register. However,
  238         3. A vote-by-mail ballot is not considered illegal if the
  239  signature of the elector does not cross the seal of the mailing
  240  envelope. If the canvassing board determines that any ballot is
  241  illegal, a member of the board shall, without opening the
  242  envelope, mark across the face of the envelope: “rejected as
  243  illegal.” The vote-by-mail ballot affidavit, if applicable, the
  244  envelope, and the ballot contained therein shall be preserved in
  245  the manner that official ballots voted are preserved.
  246         4.2. If any elector or candidate present believes that a
  247  vote-by-mail ballot is illegal due to a defect apparent on the
  248  voter’s certificate or the cure vote-by-mail ballot affidavit,
  249  he or she may, at any time before the ballot is removed from the
  250  envelope, file with the canvassing board a protest against the
  251  canvass of that ballot, specifying the precinct, the ballot, and
  252  the reason he or she believes the ballot to be illegal. A
  253  challenge based upon a defect in the voter’s certificate or cure
  254  vote-by-mail ballot affidavit may not be accepted after the
  255  ballot has been removed from the mailing envelope.
  256         5. If the canvassing board determines that a ballot is
  257  illegal, a member of the board must, without opening the
  258  envelope, mark across the face of the envelope: “rejected as
  259  illegal.” The cure affidavit, if applicable, the envelope, and
  260  the ballot therein shall be preserved in the manner that
  261  official ballots are preserved.
  262         (d) The canvassing board shall record the ballot upon the
  263  proper record, unless the ballot has been previously recorded by
  264  the supervisor. The mailing envelopes shall be opened and the
  265  secrecy envelopes shall be mixed so as to make it impossible to
  266  determine which secrecy envelope came out of which signed
  267  mailing envelope; however, in any county in which an electronic
  268  or electromechanical voting system is used, the ballots may be
  269  sorted by ballot styles and the mailing envelopes may be opened
  270  and the secrecy envelopes mixed separately for each ballot
  271  style. The votes on vote-by-mail ballots shall be included in
  272  the total vote of the county.
  273         (3) The supervisor or the chair of the county canvassing
  274  board shall, after the board convenes, have custody of the vote
  275  by-mail ballots until a final proclamation is made as to the
  276  total vote received by each candidate.
  277         (4)(a) The supervisor of elections shall, on behalf of the
  278  county canvassing board, notify each elector whose ballot was
  279  rejected as illegal and provide the specific reason the ballot
  280  was rejected. The supervisor shall mail a voter registration
  281  application to the elector to be completed indicating the
  282  elector’s current signature if the elector’s ballot was rejected
  283  due to a difference between the elector’s signature on the
  284  voter’s certificate or vote-by-mail ballot affidavit and the
  285  elector’s signature in the registration books or precinct
  286  register. This section does not prohibit the supervisor from
  287  providing additional methods for updating an elector’s
  288  signature.
  289         (b) Until 5 p.m. on the day before an election, The
  290  supervisor shall, on behalf of the county canvassing board,
  291  immediately notify allow an elector who has returned a vote-by
  292  mail ballot that does not include the elector’s signature or
  293  contains a signature that does not match the elector’s signature
  294  in the registration books or precinct register. The supervisor
  295  shall allow such an elector to complete and submit an affidavit
  296  in order to cure the unsigned vote-by-mail ballot until 5 p.m.
  297  on the day before the election.
  298         (b)(c) The elector shall provide identification to the
  299  supervisor and must complete a cure vote-by-mail ballot
  300  affidavit in substantially the following form:
  301  
  302                 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT                
  303         I, ...., am a qualified voter in this election and
  304  registered voter of .... County, Florida. I do solemnly swear or
  305  affirm that I requested and returned the vote-by-mail ballot and
  306  that I have not and will not vote more than one ballot in this
  307  election. I understand that if I commit or attempt any fraud in
  308  connection with voting, vote a fraudulent ballot, or vote more
  309  than once in an election, I may be convicted of a felony of the
  310  third degree and fined up to $5,000 and imprisoned for up to 5
  311  years. I understand that my failure to sign this affidavit means
  312  that my vote-by-mail ballot will be invalidated.
  313  
  314  ...(Voter’s Signature)...
  315  
  316  ...(Address)...
  317         (c)(d) Instructions must accompany the cure vote-by-mail
  318  ballot affidavit in substantially the following form:
  319  
  320         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  321  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  322  BALLOT NOT TO COUNT.
  323  
  324         1. In order to ensure that your vote-by-mail ballot will be
  325  counted, your affidavit should be completed and returned as soon
  326  as possible so that it can reach the supervisor of elections of
  327  the county in which your precinct is located no later than 5
  328  p.m. on the 2nd day before the election.
  329         2. You must sign your name on the line above (Voter’s
  330  Signature).
  331         3. You must make a copy of one of the following forms of
  332  identification:
  333         a. Tier 1 identification.—Current and valid identification
  334  that includes your name and photograph: Florida driver license;
  335  Florida identification card issued by the Department of Highway
  336  Safety and Motor Vehicles; United States passport; debit or
  337  credit card; military identification; student identification;
  338  retirement center identification; neighborhood association
  339  identification; public assistance identification; veteran health
  340  identification card issued by the United States Department of
  341  Veterans Affairs; a Florida license to carry a concealed weapon
  342  or firearm; or an employee identification card issued by any
  343  branch, department, agency, or entity of the Federal Government,
  344  the state, a county, or a municipality; or
  345         b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
  346  FORM OF IDENTIFICATION, identification that shows your name and
  347  current residence address: current utility bill, bank statement,
  348  government check, paycheck, or government document (excluding
  349  voter identification card).
  350         4. Place the envelope bearing the affidavit into a mailing
  351  envelope addressed to the supervisor. Insert a copy of your
  352  identification in the mailing envelope. Mail, deliver, or have
  353  delivered the completed affidavit along with the copy of your
  354  identification to your county supervisor of elections. Be sure
  355  there is sufficient postage if mailed and that the supervisor’s
  356  address is correct.
  357         5. Alternatively, you may fax or e-mail your completed
  358  affidavit and a copy of your identification to the supervisor of
  359  elections. If e-mailing, please provide these documents as
  360  attachments.
  361         (d)(e) The department and each supervisor shall include the
  362  affidavit and instructions on their respective websites. The
  363  supervisor must include his or her office’s mailing address, e
  364  mail address, and fax number on the page containing the
  365  affidavit instructions; the department’s instruction page must
  366  include the office mailing addresses, e-mail addresses, and fax
  367  numbers of all supervisors of elections or provide a conspicuous
  368  link to such addresses.
  369         (e)(f) The supervisor shall attach each affidavit received
  370  to the appropriate vote-by-mail ballot mailing envelope.
  371         (f) After all election results on the ballot have been
  372  certified, the supervisor shall, on behalf of the county
  373  canvassing board, notify each elector whose ballot has been
  374  rejected as illegal and provide the specific reason the ballot
  375  was rejected. In addition, the supervisor shall mail a voter
  376  registration application to the elector to be completed
  377  indicating the elector’s current signature if the signature on
  378  the voter’s certificate or cure affidavit did not match the
  379  elector’s signature in the registration books or precinct
  380  register. This section does not prohibit the supervisor from
  381  providing additional methods for updating an elector’s
  382  signature.
  383         Section 10. Paragraph (a) of subsection (5) of section
  384  105.031, Florida Statutes, is amended to read:
  385         105.031 Qualification; filing fee; candidate’s oath; items
  386  required to be filed.—
  387         (5) ITEMS REQUIRED TO BE FILED.—
  388         (a) In order for a candidate for judicial office or the
  389  office of school board member to be qualified, the following
  390  items must be received by the filing officer by the end of the
  391  qualifying period:
  392         1. Except for candidates for retention to judicial office,
  393  a money order or cashier’s check properly executed check drawn
  394  upon funds in the candidate’s campaign account in an amount not
  395  less than the fee required by subsection (3) or, in lieu
  396  thereof, the copy of the notice of obtaining ballot position
  397  pursuant to s. 105.035. If a candidate’s check is returned by
  398  the bank for any reason, the filing officer shall immediately
  399  notify the candidate and the candidate shall, the end of
  400  qualifying notwithstanding, have 48 hours from the time such
  401  notification is received, excluding Saturdays, Sundays, and
  402  legal holidays, to pay the fee with a cashier’s check purchased
  403  from funds of the campaign account. Failure to pay the fee as
  404  provided in this subparagraph shall disqualify the candidate.
  405         2. The candidate’s oath required by subsection (4), which
  406  must contain the name of the candidate as it is to appear on the
  407  ballot; the office sought, including the district or group
  408  number if applicable; and the signature of the candidate, duly
  409  acknowledged.
  410         3. The loyalty oath required by s. 876.05, signed by the
  411  candidate and duly acknowledged.
  412         4. The completed form for the appointment of campaign
  413  treasurer and designation of campaign depository, as required by
  414  s. 106.021. In addition, each candidate for judicial office,
  415  including an incumbent judge, shall file a statement with the
  416  qualifying officer, within 10 days after filing the appointment
  417  of campaign treasurer and designation of campaign depository,
  418  stating that the candidate has read and understands the
  419  requirements of the Florida Code of Judicial Conduct. Such
  420  statement shall be in substantially the following form:
  421  
  422             Statement of Candidate for Judicial Office            
  423  
  424  I, ...(name of candidate)..., a judicial candidate, have
  425  received, read, and understand the requirements of the Florida
  426  Code of Judicial Conduct.
  427  ...(Signature of candidate)...
  428  ...(Date)...
  429  
  430         5. The full and public disclosure of financial interests
  431  required by s. 8, Art. II of the State Constitution or the
  432  statement of financial interests required by s. 112.3145,
  433  whichever is applicable. A public officer who has filed the full
  434  and public disclosure or statement of financial interests with
  435  the Commission on Ethics or the supervisor of elections prior to
  436  qualifying for office may file a copy of that disclosure at the
  437  time of qualifying.
  438         Section 11. This act shall take effect July 1, 2017.