Florida Senate - 2019                                    SB 7066
       
       
        
       By the Committee on Ethics and Elections
       
       
       
       
       
       582-02713-19                                          20197066__
    1                        A bill to be entitled                      
    2         An act relating to ballot processes; amending 98.077,
    3         F.S.; modifying requirements for updating voter
    4         registration signatures, to conform; amending s.
    5         99.063, F.S.; revising dates relating to the selection
    6         and qualification of a lieutenant governor running
    7         mate, to conform; amending s. 100.061, F.S.; revising
    8         the date of the primary election; amending s. 101.048,
    9         F.S.; modifying the Provisional Ballot Voter’s
   10         Certificate and Affirmation; establishing a process to
   11         cure a provisional ballot with a signature deficiency;
   12         establishing related requirements and deadlines;
   13         revising requirements for the canvassing and counting
   14         of provisional ballots; creating exemptions; requiring
   15         the supervisor to process a signature update following
   16         submission of a valid provisional ballot cure
   17         affidavit; modifying post-election elector
   18         notification processes, to conform; amending 101.151,
   19         F.S.; revising requirements for department rules
   20         governing ballot design; amending s. 101.62, F.S.;
   21         revising deadlines for requests for, and the mailing
   22         of, vote-by-mail ballots; removing a limitation as to
   23         when the supervisor may begin mailing domestic vote
   24         by-mail ballots before an election; amending s.
   25         101.64, F.S.; modifying the vote-by-mail ballot
   26         Voter’s Certificate; amending s. 101.65, F.S.;
   27         modifying vote-by-mail ballot instructions, to
   28         conform; amending 101.68, F.S.; clarifying that
   29         supervisors must immediately compare voters’
   30         signatures on vote-by-mail ballots upon receipt;
   31         revising requirements related to the canvassing and
   32         counting of vote-by-mail ballots; providing for
   33         earlier canvassing of vote-by-mail ballots;
   34         prescribing additional notification requirements for
   35         certain vote-by-mail ballots with defective
   36         signatures; creating exemptions; revising the deadline
   37         by which vote-by-mail ballot cure affidavits must be
   38         submitted; requiring the supervisor to process a
   39         signature update following submission of a valid vote
   40         by-mail ballot cure affidavit; modifying post-election
   41         elector notification processes, to conform; amending
   42         101.6923, F.S.; modifying special vote-by-mail ballot
   43         instructions for certain first-time voters, to
   44         conform; amending 102.111, F.S.; revising the date on
   45         which the Elections Canvassing Commission certifies
   46         the primary election; adding an additional meeting of
   47         the Elections Canvassing Commission for certification
   48         of ballot votes in any general election races with
   49         pending recounts; amending s. 102.112, F.S.; modifying
   50         deadlines for submitting certain county ballot returns
   51         to the Department of State, to conform; amending s.
   52         102.141, F.S.; modifying immediate reporting times for
   53         certain types of ballots and deadlines for unofficial
   54         results in primary elections and certain general
   55         election contests; amending s. 102.166, F.S.;
   56         modifying certification requirements for voting
   57         systems to require the functionality to simultaneously
   58         sort and count ballot overvotes and undervotes;
   59         providing an effective date.
   60          
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Subsection (4) of section 98.077, Florida
   64  Statutes, is amended to read:
   65         98.077 Update of voter signature.—
   66         (4) Except as authorized in ss. 101.048 and 101.68:
   67         (a) All signature updates for use in verifying vote-by-mail
   68  and provisional ballots must be received by the appropriate
   69  supervisor of elections no later than the start of the
   70  canvassing of vote-by-mail ballots by the canvassing board.
   71         (b) The signature on file at the start of the canvass of
   72  the vote-by-mail ballots is the signature that shall be used in
   73  verifying the signature on the vote-by-mail and provisional
   74  ballot certificates.
   75         Section 2. Subsections (1) and (2) of section 99.063,
   76  Florida Statutes, are amended to read
   77         99.063 Candidates for Governor and Lieutenant Governor.—
   78         (1) No later than 5 p.m. of the 14th 9th day following the
   79  primary election, each candidate for Governor shall designate a
   80  Lieutenant Governor as a running mate. Such designation must be
   81  made in writing to the Department of State.
   82         (2) No later than 5 p.m. of the 14th 9th day following the
   83  primary election, each designated candidate for Lieutenant
   84  Governor shall file with the Department of State:
   85         (a) The candidate’s oath required by s. 99.021, which must
   86  contain the name of the candidate as it is to appear on the
   87  ballot; the office sought; and the signature of the candidate,
   88  which must be verified under oath or affirmation pursuant to s.
   89  92.525(1)(a).
   90         (b) If the office sought is partisan, the written statement
   91  of political party affiliation required by s. 99.021(1)(b).
   92         (c) The full and public disclosure of financial interests
   93  pursuant to s. 8, Art. II of the State Constitution. A public
   94  officer who has filed the full and public disclosure with the
   95  Commission on Ethics prior to qualifying for office may file a
   96  copy of that disclosure at the time of qualifying.
   97         Section 3. Section 100.061, Florida Statutes, is amended to
   98  read:
   99         100.061 Primary election.—In each year in which a general
  100  election is held, a primary election for nomination of
  101  candidates of political parties shall be held on the Tuesday 11
  102  10 weeks prior to the general election. The candidate receiving
  103  the highest number of votes cast in each contest in the primary
  104  election shall be declared nominated for such office. If two or
  105  more candidates receive an equal and highest number of votes for
  106  the same office, such candidates shall draw lots to determine
  107  which candidate is nominated.
  108         Section 4. Section 101.048, Florida Statutes, is amended to
  109  read:
  110         101.048 Provisional ballots.—
  111         (1) At all elections, a voter claiming to be properly
  112  registered in the state and eligible to vote at the precinct in
  113  the election but whose eligibility cannot be determined, a
  114  person whom an election official asserts is not eligible, and
  115  other persons specified in the code shall be entitled to vote a
  116  provisional ballot. Once voted, the provisional ballot shall be
  117  placed in a secrecy envelope and thereafter sealed in a
  118  provisional ballot envelope. The provisional ballot shall be
  119  deposited in a ballot box. All provisional ballots shall remain
  120  sealed in their envelopes for return to the supervisor of
  121  elections. The department shall prescribe the form of the
  122  provisional ballot envelope. A person casting a provisional
  123  ballot shall have the right to present written evidence
  124  supporting his or her eligibility to vote to the supervisor of
  125  elections by not later than 5 p.m. on the second day following
  126  the election.
  127         (2)(a) The county canvassing board shall examine each
  128  Provisional Ballot Voter’s Certificate and Affirmation to
  129  determine if the person voting that ballot was entitled to vote
  130  at the precinct where the person cast a vote in the election and
  131  that the person had not already cast a ballot in the election.
  132  In determining whether a person casting a provisional ballot is
  133  entitled to vote, the county canvassing board shall review the
  134  information provided in the Voter’s Certificate and Affirmation,
  135  written evidence provided by the person pursuant to subsection
  136  (1), information provided in any cure affidavit and accompanying
  137  supporting documentation pursuant to subsection (6), any other
  138  evidence presented by the supervisor of elections, and, in the
  139  case of a challenge, any evidence presented by the challenger. A
  140  ballot of a person casting a provisional ballot shall be
  141  canvassed pursuant to paragraph (b) counted unless the
  142  canvassing board determines by a preponderance of the evidence
  143  that the person was not entitled to vote.
  144         (b)1. If it is determined that the person was registered
  145  and entitled to vote at the precinct where the person cast a
  146  vote in the election, the canvassing board must shall compare
  147  the signature on the Provisional Ballot Voter’s Certificate and
  148  Affirmation or the provisional ballot cure affidavit with the
  149  signature on the voter’s registration or precinct register and,
  150  if it matches, shall count the ballot. A provisional ballot may
  151  be counted only if:
  152         1. The signature on the voter’s certificate or the cure
  153  affidavit matches the elector’s signature in the registration
  154  books or the precinct register; however, in the case of a cure
  155  affidavit, the supporting identification listed in subsection
  156  (6) must also confirm the identity of the elector; or
  157         2. The cure affidavit contains a signature that does not
  158  match the elector’s signature in the registration books or the
  159  precinct register, but the elector has submitted a current and
  160  valid Tier 1 form of identification confirming his or her
  161  identity pursuant to subsection (6).
  162  
  163  For purposes of this paragraph, any canvassing board finding
  164  that signatures do not match must be by majority vote and beyond
  165  a reasonable doubt.
  166         2. If it is determined that the person voting the
  167  provisional ballot was not registered or entitled to vote at the
  168  precinct where the person cast a vote in the election, the
  169         (c) Any provisional ballot shall not be counted must and
  170  the ballot shall remain in the envelope containing the
  171  Provisional Ballot Voter’s Certificate and Affirmation and the
  172  envelope shall be marked “Rejected as Illegal.”
  173         (d) If a provisional ballot is validated following the
  174  submission of a cure affidavit, the supervisor must make a copy
  175  of the affidavit, affix it to a voter registration application,
  176  and immediately process it as a valid request for a signature
  177  update pursuant to s. 98.077.
  178         (3) The Provisional Ballot Voter’s Certificate and
  179  Affirmation shall be in substantially the following form:
  180  
  181  STATE OF FLORIDA
  182  COUNTY OF ....
  183  
  184         I do solemnly swear (or affirm) that my name is ....; that
  185  my date of birth is ....; that I am registered and qualified to
  186  vote in .... County, Florida; that I am registered in the ....
  187  Party; that I am a qualified voter of the county; and that I
  188  have not voted in this election. I understand that if I commit
  189  any fraud in connection with voting, vote a fraudulent ballot,
  190  or vote more than once in an election, I can be convicted of a
  191  felony of the third degree and fined up to $5,000 and/or
  192  imprisoned for up to 5 years.
  193         Further, by providing my information below, I authorize the
  194  use of e-mail, text message, and phone call for the limited
  195  purpose of signature and ballot validation.
  196  ...(Printed Name of Voter)...
  197  ...(Signature of Voter)...
  198  ...(Current Residence Address)...
  199  ...(Current Mailing Address)...
  200  ...(City, State, Zip Code)...
  201  ...(Driver License Number or Last Four Digits of Social Security
  202  Number)...
  203  ...(E-Mail Address)...
  204  ...(Home Telephone Number)...
  205  ...(Mobile Telephone Number)...
  206  
  207  Sworn to and subscribed before me this .... day of ........,
  208  ...(year)....
  209  
  210  ...(Election Official)...
  211  
  212  Precinct # ....                  Ballot Style/Party Issued: ....
  213  
  214         (4) Notwithstanding the requirements of subsections (1),
  215  (2), and (3), the supervisor of elections may, and for persons
  216  with disabilities shall, provide the appropriate provisional
  217  ballot to the voter by electronic means that meet the
  218  requirements of s. 101.56062, as provided for by the certified
  219  voting system. Each person casting a provisional ballot by
  220  electronic means shall, prior to casting his or her ballot,
  221  complete the Provisional Ballot Voter’s Certificate and
  222  Affirmation as provided in subsection (3).
  223         (5) Each person casting a provisional ballot shall be given
  224  written instructions regarding the person’s right to provide the
  225  supervisor of elections with written evidence of his or her
  226  eligibility to vote and regarding the free access system
  227  established pursuant to subsection (7) (6). The instructions
  228  must shall contain the supervisors’ contact information along
  229  with information on how to access the system and the information
  230  the voter will need to provide to obtain information on his or
  231  her particular ballot. The instructions shall also must include
  232  the following statement: “If this is a primary election, you
  233  should contact the supervisor of elections’ office immediately
  234  to confirm that you are registered and can vote in the general
  235  election.”
  236         (6)(a) As soon as practicable, the supervisor shall, on
  237  behalf of the county canvassing board, attempt to notify an
  238  elector who has submitted a provisional ballot that does not
  239  include the elector’s signature or contains a signature that
  240  does not match the elector’s signature in the registration books
  241  or precinct register by:
  242         1. Providing the notice to the elector by e-mail;
  243         2. Notifying the elector of the signature deficiency by
  244  text message and directing the elector to the cure affidavit and
  245  instructions on the supervisor’s website; and
  246         3. Notifying the elector of the signature deficiency by
  247  telephone and directing the elector to the cure affidavit and
  248  instructions on the supervisor’s website.
  249  
  250  If the voter’s certificate or the elector’s records do not
  251  contain any telephone or electronic contact information, the
  252  supervisor must immediately send the notice to the elector by
  253  first-class mail. If the elector has provided such information,
  254  the supervisor may continue to attempt to contact the elector by
  255  telephone or electronic means for up to 48 hours before mailing
  256  the physical notice. The supervisor need not provide any notice
  257  required by this paragraph if the canvassing board has already
  258  determined that the elector is not entitled to vote pursuant to
  259  paragraph (2)(a), or if the supervisor has already confirmed the
  260  elector’s receipt of notice.
  261         (b) Until 5 p.m. on the 11th day after an election, the
  262  supervisor of elections shall allow an elector who has submitted
  263  a provisional ballot with a signature deficiency to complete and
  264  submit a cure affidavit.
  265         (c) The elector must complete a cure affidavit in
  266  substantially the following form:
  267  
  268                  PROVISIONAL BALLOT CURE AFFIDAVIT                
  269         I, ...., am a qualified voter in this election and a
  270  registered voter of .... County, Florida. I do solemnly swear or
  271  affirm that I voted a provisional ballot and that I have not and
  272  will not vote more than one ballot in this election. I
  273  understand that if I commit or attempt any fraud in connection
  274  with voting, vote a fraudulent ballot, or vote more than once in
  275  an election, I may be convicted of a felony of the third degree,
  276  fined up to $5,000, and imprisoned for up to 5 years. I
  277  understand that my failure to sign this affidavit may invalidate
  278  my ballot.
  279  
  280  ...(Voter’s Signature)...
  281  
  282  ...(Address)...
  283  
  284         (d) Instructions must accompany the cure affidavit in
  285  substantially the following form:
  286  
  287         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  288  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  289  BALLOT NOT TO COUNT.
  290  
  291         1. In order to cure the missing signature or the signature
  292  discrepancy on your Provisional Ballot Voter’s Certificate and
  293  Affirmation, your affidavit should be completed and returned as
  294  soon as possible so that it can reach the supervisor of
  295  elections of the county in which your precinct is located no
  296  later than 5 p.m. on the 11th day after the election.
  297         2. You must sign your name on the line above (Voter’s
  298  Signature).
  299         3. You must make a copy of one of the following forms of
  300  identification:
  301         a. Tier 1 identification.—Current and valid identification
  302  that includes your name and photograph: Florida driver license;
  303  Florida identification card issued by the Department of Highway
  304  Safety and Motor Vehicles; United States passport; debit or
  305  credit card; military identification; student identification;
  306  retirement center identification; neighborhood association
  307  identification; public assistance identification; veteran health
  308  identification card issued by the United States Department of
  309  Veterans Affairs; Florida license to carry a concealed weapon or
  310  firearm; or employee identification card issued by any branch,
  311  department, agency, or entity of the Federal Government, the
  312  state, a county, or a municipality; or
  313         b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
  314  FORM OF IDENTIFICATION, identification that shows your name and
  315  current residence address: current utility bill; bank statement;
  316  government check; paycheck; or government document (excluding
  317  voter information card).
  318         4. Place the envelope bearing the affidavit into a mailing
  319  envelope addressed to the supervisor. Insert a copy of your
  320  identification in the mailing envelope. Mail (if time permits),
  321  deliver, or have delivered the completed affidavit along with
  322  the copy of your identification to your county supervisor of
  323  elections. Be sure there is sufficient postage if mailed and
  324  that the supervisor’s address is correct. Remember, your
  325  information MUST reach your county supervisor of elections no
  326  later than 5 p.m. on the 11th day following the election or your
  327  ballot will not count.
  328         5. Alternatively, you may fax or e-mail your completed
  329  affidavit and a copy of your identification to the supervisor of
  330  elections. If e-mailing, please provide these documents as
  331  attachments. E-mail should be used only as a last resort, as it
  332  is not a secure communication method and could result in third
  333  parties having access to your personal information.
  334         6. Submitting a provisional ballot affidavit does not
  335  establish your eligibility to vote in this election or guarantee
  336  that your ballot will be counted. The county canvassing board
  337  determines your eligibility to vote through information provided
  338  on the Provisional Ballot Voter’s Certificate and Affirmation,
  339  written evidence provided by you, including information in your
  340  cure affidavit along with any supporting identification, and any
  341  other evidence presented by the supervisor of elections or a
  342  challenger. You may still be required to present additional
  343  written evidence to support your eligibility to vote.
  344         (e) The department and each supervisor of elections shall
  345  include the affidavit and instructions on their respective
  346  websites. The supervisor of elections shall include his or her
  347  office mailing address, e-mail address, and fax number on the
  348  page containing the affidavit instructions, and the department’s
  349  instruction page must include the office mailing addresses, e
  350  mail addresses, and fax numbers of all supervisors of elections
  351  or provide a conspicuous link to such addresses.
  352         (f) The supervisor of elections shall attach each affidavit
  353  received to the appropriate provisional ballot envelope
  354  containing the Provisional Ballot Voter’s Certificate and
  355  Affirmation.
  356         (7)(a)(6) Each supervisor of elections shall establish a
  357  free access system that allows each person who casts a
  358  provisional ballot to determine whether his or her provisional
  359  ballot was counted in the final canvass of votes and, if not,
  360  the reasons why. Information regarding provisional ballots shall
  361  be available no later than 30 days following the election. The
  362  system established must restrict information regarding an
  363  individual ballot to the person who cast the ballot.
  364         (b) In addition, unless processed as a signature update
  365  pursuant to subsection (2), the supervisor shall mail a voter
  366  registration application to the elector to be completed
  367  indicating the elector’s current signature if the signature on
  368  the voter’s certificate or cure affidavit did not match the
  369  elector’s signature in the registration books or precinct
  370  register.
  371         Section 5. Subsection (9) of section 101.151, Florida
  372  Statutes, is amended to read:
  373         101.151 Specifications for ballots.—
  374         (9)(a) The Department of State shall adopt rules
  375  prescribing a uniform primary and general election ballot for
  376  each certified voting system. The rules must shall incorporate
  377  the requirements set forth in this section and must shall
  378  prescribe additional matters and forms that include, without
  379  limitation:
  380         1. The ballot title followed by clear and unambiguous
  381  ballot instructions and directions limited to a single location
  382  on the ballot, either:
  383         a. Centered across the top; or
  384         b. In the leftmost column, with no individual races in that
  385  column unless it is the only column on the ballot;
  386         2. Individual race layout; and
  387         3. Overall ballot layout.
  388         (b) The department rules must shall graphically depict a
  389  sample uniform primary and general election ballot form for each
  390  certified voting system.
  391         Section 6. Subsection (2) and paragraph (b) of subsection
  392  (4) of section 101.62, Florida Statutes, are amended to read:
  393         101.62 Request for vote-by-mail ballots.—
  394         (2) A request for a vote-by-mail ballot to be mailed to a
  395  voter must be received no later than 5 p.m. on the 10th sixth
  396  day before the election by the supervisor of elections. The
  397  supervisor of elections shall mail vote-by-mail ballots to
  398  voters requesting ballots by such deadline no later than 8 4
  399  days before the election.
  400         (4)
  401         (b) The supervisor of elections shall mail a vote-by-mail
  402  ballot to each absent qualified voter, other than those listed
  403  in paragraph (a), who has requested such a ballot, no later than
  404  the 28th day between the 35th and 28th days before the
  405  presidential preference primary election, primary election, and
  406  general election. Except as otherwise provided in subsection (2)
  407  and after the period described in this paragraph, the supervisor
  408  shall mail vote-by-mail ballots within 2 business days after
  409  receiving a request for such a ballot.
  410         Section 7. Subsection (1) of section 101.64, Florida
  411  Statutes, is amended to read:
  412         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  413         (1) The supervisor shall enclose with each vote-by-mail
  414  ballot two envelopes: a secrecy envelope, into which the absent
  415  elector shall enclose his or her marked ballot; and a mailing
  416  envelope, into which the absent elector shall then place the
  417  secrecy envelope, which shall be addressed to the supervisor and
  418  also bear on the back side a certificate in substantially the
  419  following form:
  420  
  421           Note: Please Read Instructions Carefully Before         
  422         Marking Ballot and Completing Voter’s Certificate.        
  423  
  424                         VOTER’S CERTIFICATE                       
  425         I, ...., do solemnly swear or affirm that I am a qualified
  426  and registered voter of .... County, Florida, and that I have
  427  not and will not vote more than one ballot in this election. I
  428  understand that if I commit or attempt to commit any fraud in
  429  connection with voting, vote a fraudulent ballot, or vote more
  430  than once in an election, I can be convicted of a felony of the
  431  third degree and fined up to $5,000 and/or imprisoned for up to
  432  5 years. I also understand that failure to sign this certificate
  433  may will invalidate my ballot.
  434         Further, by providing my information below, I authorize the
  435  use of e-mail, text messages, and telephone calls for the
  436  limited purpose of correcting a missing or nonmatching
  437  signature.
  438                                                                  
  439  ...(Date)...                           ...(Voter’s Signature)...
  440  ...(E-Mail Address)...			...(Home Telephone Number)...
  441  ...(Mobile Telephone Number)...
  442         Section 8. Section 101.65, Florida Statutes, is amended to
  443  read:
  444         101.65 Instructions to absent electors.—The supervisor
  445  shall enclose with each vote-by-mail ballot separate printed
  446  instructions in substantially the following form:
  447  
  448                  READ THESE INSTRUCTIONS CAREFULLY                
  449                       BEFORE MARKING BALLOT.                      
  450         1. VERY IMPORTANT. In order to ensure that your vote-by
  451  mail ballot will be counted, it should be completed and returned
  452  as soon as possible so that it can reach the supervisor of
  453  elections of the county in which your precinct is located no
  454  later than 7 p.m. on the day of the election. However, if you
  455  are an overseas voter casting a ballot in a presidential
  456  preference primary or general election, your vote-by-mail ballot
  457  must be postmarked or dated no later than the date of the
  458  election and received by the supervisor of elections of the
  459  county in which you are registered to vote no later than 10 days
  460  after the date of the election. Note that the later you return
  461  your ballot, the less time you will have to cure any signature
  462  deficiencies, which is authorized until 5 p.m. on the 11th day
  463  after the election.
  464         2. Mark your ballot in secret as instructed on the ballot.
  465  You must mark your own ballot unless you are unable to do so
  466  because of blindness, disability, or inability to read or write.
  467         3. Mark only the number of candidates or issue choices for
  468  a race as indicated on the ballot. If you are allowed to “Vote
  469  for One” candidate and you vote for more than one candidate,
  470  your vote in that race will not be counted.
  471         4. Place your marked ballot in the enclosed secrecy
  472  envelope.
  473         5. Insert the secrecy envelope into the enclosed mailing
  474  envelope which is addressed to the supervisor.
  475         6. Seal the mailing envelope and completely fill out the
  476  Voter’s Certificate on the back of the mailing envelope.
  477         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
  478  be counted, you must sign your name on the line above (Voter’s
  479  Signature). A vote-by-mail ballot will be considered illegal and
  480  not be counted if the signature on the voter’s certificate does
  481  not match the signature on record. The signature on file at the
  482  start of the canvass of the vote-by-mail ballots is the
  483  signature that will be used to verify your signature on the
  484  voter’s certificate. If you need to update your signature for
  485  this election, send your signature update on a voter
  486  registration application to your supervisor of elections so that
  487  it is received no later than the start of the canvassing of
  488  vote-by-mail ballots, which occurs no earlier than the 22nd 15th
  489  day before election day.
  490         8. VERY IMPORTANT. If you are an overseas voter, you must
  491  include the date you signed the Voter’s Certificate on the line
  492  above (Date) or your ballot may not be counted.
  493         9. Mail, deliver, or have delivered the completed mailing
  494  envelope. Be sure there is sufficient postage if mailed.
  495         10. FELONY NOTICE. It is a felony under Florida law to
  496  accept any gift, payment, or gratuity in exchange for your vote
  497  for a candidate. It is also a felony under Florida law to vote
  498  in an election using a false identity or false address, or under
  499  any other circumstances making your ballot false or fraudulent.
  500         Section 9. Subsection (1), paragraphs (a) and (c) of
  501  subsection (2), and subsection (4) of section 101.68, Florida
  502  Statutes, are amended to read:
  503         101.68 Canvassing of vote-by-mail ballot.—
  504         (1) The supervisor of the county where the absent elector
  505  resides shall receive the voted ballot, at which time the
  506  supervisor immediately shall compare the signature of the
  507  elector on the voter’s certificate with the signature of the
  508  elector in the registration books or the precinct register to
  509  determine whether the elector is duly registered in the county
  510  and may record on the elector’s registration certificate that
  511  the elector has voted. An elector who dies after casting a vote
  512  by-mail ballot but on or before election day shall remain listed
  513  in the registration books until the results have been certified
  514  for the election in which the ballot was cast. The supervisor
  515  shall safely keep the ballot unopened in his or her office until
  516  the county canvassing board canvasses the vote. Except as
  517  provided in subsection (4), after a vote-by-mail ballot is
  518  received by the supervisor, the ballot is deemed to have been
  519  cast, and changes or additions may not be made to the voter’s
  520  certificate.
  521         (2)(a) The county canvassing board may begin the canvassing
  522  of vote-by-mail ballots at 7 a.m. on the 22nd 15th day before
  523  the election, but not later than noon on the day following the
  524  election. In addition, for any county using electronic
  525  tabulating equipment, the processing of vote-by-mail ballots
  526  through such tabulating equipment may begin at 7 a.m. on the
  527  22nd 15th day before the election. However, notwithstanding any
  528  such authorization to begin canvassing or otherwise processing
  529  vote-by-mail ballots early, no result shall be released until
  530  after the closing of the polls in that county on election day.
  531  Any supervisor of elections, deputy supervisor of elections,
  532  canvassing board member, election board member, or election
  533  employee who releases the results of a canvassing or processing
  534  of vote-by-mail ballots prior to the closing of the polls in
  535  that county on election day commits a felony of the third
  536  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  537  775.084.
  538         (c)1. The canvassing board must, if the supervisor has not
  539  already done so, compare the signature of the elector on the
  540  voter’s certificate or on the vote-by-mail ballot cure affidavit
  541  as provided in subsection (4) with the signature of the elector
  542  in the registration books or the precinct register to see that
  543  the elector is duly registered in the county and to determine
  544  the legality of that vote-by-mail ballot. A vote-by-mail ballot
  545  may only be counted if:
  546         a. The signature on the voter’s certificate or the cure
  547  affidavit matches the elector’s signature in the registration
  548  books or precinct register; however, in the case of a cure
  549  affidavit, the supporting identification listed in subsection
  550  (4) must also confirm the identity of the elector; or
  551         b. The cure affidavit contains a signature that does not
  552  match the elector’s signature in the registration books or
  553  precinct register, but the elector has submitted a current and
  554  valid Tier 1 identification pursuant to subsection (4) which
  555  confirms the identity of the elector.
  556  
  557  For purposes of this paragraph, any canvassing board finding
  558  that signatures do not match must be by majority vote and beyond
  559  a reasonable doubt.
  560         2. The ballot of an elector who casts a vote-by-mail ballot
  561  shall be counted even if the elector dies on or before election
  562  day, as long as, before the death of the voter, the ballot was
  563  postmarked by the United States Postal Service, date-stamped
  564  with a verifiable tracking number by a common carrier, or
  565  already in the possession of the supervisor of elections.
  566         3. A vote-by-mail ballot is not considered illegal if the
  567  signature of the elector does not cross the seal of the mailing
  568  envelope.
  569         4. If any elector or candidate present believes that a
  570  vote-by-mail ballot is illegal due to a defect apparent on the
  571  voter’s certificate or the cure affidavit, he or she may, at any
  572  time before the ballot is removed from the envelope, file with
  573  the canvassing board a protest against the canvass of that
  574  ballot, specifying the precinct, the ballot, and the reason he
  575  or she believes the ballot to be illegal. A challenge based upon
  576  a defect in the voter’s certificate or cure affidavit may not be
  577  accepted after the ballot has been removed from the mailing
  578  envelope.
  579         5. If the canvassing board determines that a ballot is
  580  illegal, a member of the board must, without opening the
  581  envelope, mark across the face of the envelope: “rejected as
  582  illegal.” The cure affidavit, if applicable, the envelope, and
  583  the ballot therein shall be preserved in the manner that
  584  official ballots are preserved.
  585         (4)(a) Except as provided in paragraph (b), the supervisor
  586  must shall, on behalf of the county canvassing board,
  587  immediately notify an elector who has returned a vote-by-mail
  588  ballot that does not include the elector’s signature or contains
  589  a signature that does not match the elector’s signature in the
  590  registration books or precinct register.
  591         (b) For timely domestic vote-by-mail ballots received
  592  beginning on the 4th day before an election, and for timely
  593  overseas vote-by-mail ballots received beginning on the 10th day
  594  before an election, the supervisor must attempt to:
  595         1. Provide the notice to the elector by e-mail;
  596         2. Notify the elector of the signature deficiency by text
  597  message and direct the elector to the cure affidavit and
  598  instructions on the supervisor’s website; and
  599         3. Notify the elector of the signature deficiency by
  600  telephone and direct the elector to the cure affidavit and
  601  instructions on the supervisor’s website.
  602  
  603  If the voter’s certificate or the elector’s records do not
  604  contain any telephone or electronic contact information, the
  605  supervisor must immediately send the notice to an in-county
  606  elector by first-class mail or to any other elector by expedited
  607  delivery. If the elector has provided such information, the
  608  supervisor may continue to attempt to contact the elector by
  609  telephone or electronic means for up to 48 hours before sending
  610  physical notice, time permitting. The supervisor need not
  611  provide any notice required by this subsection which is not
  612  expected to reach the elector until after 5 p.m. on the 11th day
  613  after the election, or when the supervisor has already confirmed
  614  the elector’s receipt of notice.
  615         (c) The supervisor shall allow such an elector to complete
  616  and submit an affidavit in order to cure the vote-by-mail ballot
  617  until 5 p.m. on the 11th day after before the election.
  618         (d)(b) The elector must complete a cure affidavit in
  619  substantially the following form:
  620  
  621                 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT                
  622         I, ...., am a qualified voter in this election and
  623  registered voter of .... County, Florida. I do solemnly swear or
  624  affirm that I requested and returned the vote-by-mail ballot and
  625  that I have not and will not vote more than one ballot in this
  626  election. I understand that if I commit or attempt any fraud in
  627  connection with voting, vote a fraudulent ballot, or vote more
  628  than once in an election, I may be convicted of a felony of the
  629  third degree and fined up to $5,000 and imprisoned for up to 5
  630  years. I understand that my failure to sign this affidavit may
  631  invalidate my ballot means that my vote-by-mail ballot will be
  632  invalidated.
  633  
  634  ...(Voter’s Signature)...
  635  
  636  ...(Address)...
  637         (e)(c) Instructions must accompany the cure affidavit in
  638  substantially the following form:
  639  
  640         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  641  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  642  BALLOT NOT TO COUNT.
  643  
  644         1. In order to ensure that your vote-by-mail ballot will be
  645  counted, your affidavit should be completed and returned as soon
  646  as possible so that it can reach the supervisor of elections of
  647  the county in which your precinct is located no later than 5
  648  p.m. on the 11th day after before the election.
  649         2. You must sign your name on the line above (Voter’s
  650  Signature).
  651         3. You must make a copy of one of the following forms of
  652  identification:
  653         a. Tier 1 identification.—Current and valid identification
  654  that includes your name and photograph: Florida driver license;
  655  Florida identification card issued by the Department of Highway
  656  Safety and Motor Vehicles; United States passport; debit or
  657  credit card; military identification; student identification;
  658  retirement center identification; neighborhood association
  659  identification; public assistance identification; veteran health
  660  identification card issued by the United States Department of
  661  Veterans Affairs; a Florida license to carry a concealed weapon
  662  or firearm; or an employee identification card issued by any
  663  branch, department, agency, or entity of the Federal Government,
  664  the state, a county, or a municipality; or
  665         b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
  666  FORM OF IDENTIFICATION, identification that shows your name and
  667  current residence address: current utility bill, bank statement,
  668  government check, paycheck, or government document (excluding
  669  voter information identification card).
  670         4. Place the envelope bearing the affidavit into a mailing
  671  envelope addressed to the supervisor. Insert a copy of your
  672  identification in the mailing envelope. Mail (if time permits),
  673  deliver, or have delivered the completed affidavit along with
  674  the copy of your identification to your county supervisor of
  675  elections. Be sure there is sufficient postage if mailed and
  676  that the supervisor’s address is correct. Remember, your
  677  information MUST reach your county supervisor of elections no
  678  later than 5 p.m. on the 11th day following the election, or
  679  your ballot will not count.
  680         5. Alternatively, you may fax or e-mail your completed
  681  affidavit and a copy of your identification to the supervisor of
  682  elections. If e-mailing, please provide these documents as
  683  attachments. E-mail should be used only as a last resort, as it
  684  is not a secure communication method and could result in third
  685  parties having access to your personal information.
  686         (f)(d) The department and each supervisor shall include the
  687  affidavit and instructions on their respective websites. The
  688  supervisor must include his or her office’s mailing address, e
  689  mail address, and fax number on the page containing the
  690  affidavit instructions, and; the department’s instruction page
  691  must include the office mailing addresses, e-mail addresses, and
  692  fax numbers of all supervisors of elections or provide a
  693  conspicuous link to such addresses.
  694         (g)(e) The supervisor shall attach each affidavit received
  695  to the appropriate vote-by-mail ballot mailing envelope.
  696         (h)(f)If a vote-by-mail ballot is validated following the
  697  submission of a cure affidavit, the supervisor must make a copy
  698  of the affidavit, affix it to a voter registration application,
  699  and immediately process it as a valid request for a signature
  700  update pursuant to s. 98.077.
  701         (i) After all election results on the ballot have been
  702  certified, the supervisor shall, on behalf of the county
  703  canvassing board, notify each elector whose ballot has been
  704  rejected as illegal and provide the specific reason the ballot
  705  was rejected. In addition, unless processed as a signature
  706  update pursuant to paragraph (h), the supervisor shall mail a
  707  voter registration application to the elector to be completed
  708  indicating the elector’s current signature if the signature on
  709  the voter’s certificate or cure affidavit did not match the
  710  elector’s signature in the registration books or precinct
  711  register. This section does not prohibit the supervisor from
  712  providing additional methods for updating an elector’s
  713  signature.
  714         Section 10. Section 101.6923, Florida Statutes, is amended
  715  to read:
  716         101.6923 Special vote-by-mail ballot instructions for
  717  certain first-time voters.—
  718         (1) The provisions of this section apply to voters who are
  719  subject to the provisions of s. 97.0535 and who have not
  720  provided the identification or information required by s.
  721  97.0535 by the time the vote-by-mail ballot is mailed.
  722         (2) A voter covered by this section shall be provided with
  723  printed instructions with his or her vote-by-mail ballot in
  724  substantially the following form:
  725  
  726         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
  727         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
  728         YOUR BALLOT NOT TO COUNT.
  729  
  730         1. In order to ensure that your vote-by-mail ballot will be
  731  counted, it should be completed and returned as soon as possible
  732  so that it can reach the supervisor of elections of the county
  733  in which your precinct is located no later than 7 p.m. on the
  734  date of the election. However, if you are an overseas voter
  735  casting a ballot in a presidential preference primary or general
  736  election, your vote-by-mail ballot must be postmarked or dated
  737  no later than the date of the election and received by the
  738  supervisor of elections of the county in which you are
  739  registered to vote no later than 10 days after the date of the
  740  election.
  741         2. Mark your ballot in secret as instructed on the ballot.
  742  You must mark your own ballot unless you are unable to do so
  743  because of blindness, disability, or inability to read or write.
  744         3. Mark only the number of candidates or issue choices for
  745  a race as indicated on the ballot. If you are allowed to “Vote
  746  for One” candidate and you vote for more than one, your vote in
  747  that race will not be counted.
  748         4. Place your marked ballot in the enclosed secrecy
  749  envelope and seal the envelope.
  750         5. Insert the secrecy envelope into the enclosed envelope
  751  bearing the Voter’s Certificate. Seal the envelope and
  752  completely fill out the Voter’s Certificate on the back of the
  753  envelope.
  754         a. You must sign your name on the line above (Voter’s
  755  Signature).
  756         b. If you are an overseas voter, you must include the date
  757  you signed the Voter’s Certificate on the line above (Date) or
  758  your ballot may not be counted.
  759         c. A vote-by-mail ballot will be considered illegal and
  760  will not be counted if the signature on the Voter’s Certificate
  761  does not match the signature on record. The signature on file at
  762  the start of the canvass of the vote-by-mail ballots is the
  763  signature that will be used to verify your signature on the
  764  Voter’s Certificate. If you need to update your signature for
  765  this election, send your signature update on a voter
  766  registration application to your supervisor of elections so that
  767  it is received no later than the start of canvassing of vote-by
  768  mail ballots, which occurs no earlier than the 22nd 15th day
  769  before election day.
  770         6. Unless you meet one of the exemptions in Item 7., you
  771  must make a copy of one of the following forms of
  772  identification:
  773         a. Identification which must include your name and
  774  photograph: United States passport; debit or credit card;
  775  military identification; student identification; retirement
  776  center identification; neighborhood association identification;
  777  public assistance identification; veteran health identification
  778  card issued by the United States Department of Veterans Affairs;
  779  a Florida license to carry a concealed weapon or firearm; or an
  780  employee identification card issued by any branch, department,
  781  agency, or entity of the Federal Government, the state, a
  782  county, or a municipality; or
  783         b. Identification which shows your name and current
  784  residence address: current utility bill, bank statement,
  785  government check, paycheck, or government document (excluding
  786  voter information identification card).
  787         7. The identification requirements of Item 6. do not apply
  788  if you meet one of the following requirements:
  789         a. You are 65 years of age or older.
  790         b. You have a temporary or permanent physical disability.
  791         c. You are a member of a uniformed service on active duty
  792  who, by reason of such active duty, will be absent from the
  793  county on election day.
  794         d. You are a member of the Merchant Marine who, by reason
  795  of service in the Merchant Marine, will be absent from the
  796  county on election day.
  797         e. You are the spouse or dependent of a member referred to
  798  in paragraph c. or paragraph d. who, by reason of the active
  799  duty or service of the member, will be absent from the county on
  800  election day.
  801         f. You are currently residing outside the United States.
  802         8. Place the envelope bearing the Voter’s Certificate into
  803  the mailing envelope addressed to the supervisor. Insert a copy
  804  of your identification in the mailing envelope. DO NOT PUT YOUR
  805  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
  806  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
  807  BALLOT WILL NOT COUNT.
  808         9. Mail, deliver, or have delivered the completed mailing
  809  envelope. Be sure there is sufficient postage if mailed.
  810         10. FELONY NOTICE. It is a felony under Florida law to
  811  accept any gift, payment, or gratuity in exchange for your vote
  812  for a candidate. It is also a felony under Florida law to vote
  813  in an election using a false identity or false address, or under
  814  any other circumstances making your ballot false or fraudulent.
  815         Section 11. Subsection (2) of section 102.111, Florida
  816  Statutes, is amended to read:
  817         102.111 Elections Canvassing Commission.—
  818         (2)(a) The Elections Canvassing Commission shall meet at 9
  819  a.m. on the 9th day after a primary election and at 9 a.m. on
  820  the 14th day after a primary election or a general election to
  821  certify the returns of the election for each federal, state, and
  822  multicounty office, except for those contests with a pending
  823  general election recount.
  824         (b) The commission shall meet at 9 a.m. on the 21st day
  825  after a general election to certify the returns in the remaining
  826  recount contests.
  827  
  828  If a member of a county canvassing board that was constituted
  829  pursuant to s. 102.141 determines, within 5 days after the
  830  certification by the Elections Canvassing Commission, that a
  831  typographical error occurred in the official returns of the
  832  county, the correction of which could result in a change in the
  833  outcome of an election, the county canvassing board must certify
  834  corrected returns to the Department of State within 24 hours,
  835  and the Elections Canvassing Commission must correct and
  836  recertify the election returns as soon as practicable.
  837         Section 12. Subsection (2) of section 102.112, Florida
  838  Statutes, is amended to read:
  839         102.112 Deadline for submission of county returns to the
  840  Department of State.—
  841         (2)(a) Returns must be filed by 5 p.m. on the 7th day
  842  following a primary election and by noon on the 12th day
  843  following the primary election and the general election for all
  844  contests, except those contests with a pending general election
  845  recount.
  846         (b) For contests with a pending general election recount,
  847  returns must be filed by noon on the 19th day following the
  848  general election.
  849         (c)However, The Department of State may correct
  850  typographical errors, including the transposition of numbers, in
  851  any returns submitted to the Department of State pursuant to s.
  852  102.111(2).
  853         Section 13. Paragraph (b) of subsection (4), subsection
  854  (5), and paragraph (c) of subsection (7) of section 102.141,
  855  Florida Statutes, are amended to read:
  856         102.141 County canvassing board; duties.—
  857         (4)
  858         (b) The canvassing board shall report all early voting and
  859  all tabulated vote-by-mail results to the Department of State
  860  within 30 minutes after the polls close. Thereafter, the
  861  canvassing board shall report, with the exception of provisional
  862  ballot results, updated precinct election results to the
  863  department at least every hour 45 minutes until 2 a.m. the next
  864  day. Thereafter, the canvassing board must report results on an
  865  hourly basis from 9 a.m. until 8 p.m. each day until all results
  866  are completely reported. The supervisor of elections shall
  867  notify the department immediately of any circumstances that do
  868  not permit periodic updates as required. Results shall be
  869  submitted in a format prescribed by the department.
  870         (5) The canvassing board shall submit on forms or in
  871  formats provided by the division unofficial returns to the
  872  Department of State for each federal, statewide, state, or
  873  multicounty office or ballot measure no later than noon on the
  874  third day after any primary election and no later than noon on
  875  the fourth day after any primary, general or other election.
  876  Such returns shall include the canvass of all ballots as
  877  required by subsection (2).
  878         (7) If the unofficial returns reflect that a candidate for
  879  any office was defeated or eliminated by one-half of a percent
  880  or less of the votes cast for such office, that a candidate for
  881  retention to a judicial office was retained or not retained by
  882  one-half of a percent or less of the votes cast on the question
  883  of retention, or that a measure appearing on the ballot was
  884  approved or rejected by one-half of a percent or less of the
  885  votes cast on such measure, a recount shall be ordered of the
  886  votes cast with respect to such office or measure. The Secretary
  887  of State is responsible for ordering recounts in federal, state,
  888  and multicounty races. The county canvassing board or the local
  889  board responsible for certifying the election is responsible for
  890  ordering recounts in all other races. A recount need not be
  891  ordered with respect to the returns for any office, however, if
  892  the candidate or candidates defeated or eliminated from
  893  contention for such office by one-half of a percent or less of
  894  the votes cast for such office request in writing that a recount
  895  not be made.
  896         (c) The canvassing board shall submit on forms or in
  897  formats provided by the division a second set of unofficial
  898  returns to the Department of State for each federal, statewide,
  899  state, or multicounty office or ballot measure. The returns for
  900  all primary election contests and general election contests not
  901  subject to a recount shall be filed no later than 3 p.m. on the
  902  9th 5th day after the any primary or general election, and no
  903  later than 5 p.m. 3 p.m. on the 12th 9th day after the any
  904  general election for any contest in which a recount was ordered
  905  by the Secretary of State. If the canvassing board is unable to
  906  complete the recount prescribed in this subsection by the
  907  deadline, the second set of unofficial returns submitted by the
  908  canvassing board shall be identical to the initial unofficial
  909  returns and the submission shall also include a detailed
  910  explanation of why it was unable to timely complete the recount.
  911  However, the canvassing board shall complete the recount
  912  prescribed in this subsection, along with any manual recount
  913  prescribed in s. 102.166, and certify election returns in
  914  accordance with the requirements of this chapter.
  915         Section 14. Subsection (2) of section 102.166, Florida
  916  Statutes, is amended to read:
  917         102.166 Manual recounts of overvotes and undervotes.—
  918         (2)(a) Any hardware or software used to identify and sort
  919  overvotes and undervotes for a given race or ballot measure must
  920  be certified by the Department of State as part of the voting
  921  system pursuant to s. 101.015. Any such hardware or software
  922  must be capable of simultaneously identifying and sorting
  923  overvotes and undervotes in multiple races while simultaneously
  924  counting votes.
  925         (b) Overvotes and undervotes must shall be identified and
  926  sorted while recounting ballots pursuant to s. 102.141, if the
  927  hardware or software for this purpose has been certified or the
  928  department’s rules so provide.
  929         Section 15. This act shall take effect January 1, 2020.