CS for SB 7066 First Engrossed
20197066e1
1 A bill to be entitled
2 An act relating to election administration; amending
3 s. 97.012, F.S.; requiring the Secretary of State to
4 provide signature matching training to certain
5 persons; amending s. 97.021, F.S.; revising the
6 definition of the term “voter interface device”;
7 amending s. 98.077, F.S.; revising deadlines for voter
8 signature updates for purposes of vote-by-mail and
9 provisional ballots; providing an exception; amending
10 s. 98.0981, F.S.; revising the voter threshold
11 necessary to require the reporting of certain
12 precinct-level results by ballot; amending s. 99.063,
13 F.S.; removing a provision requiring certain language
14 to follow the name of gubernatorial candidates in
15 specified circumstances; amending s. 100.061, F.S.;
16 revising the date of the primary election; amending s.
17 101.015, F.S.; requiring the Department of State to
18 establish minimum security standards to address chain
19 of custody of ballots, transport of ballots, and
20 ballot security; amending s. 101.048, F.S.; requiring
21 a county canvassing board to review certain
22 information; providing requirements for the canvassing
23 and counting of provisional ballots; requiring the
24 supervisor of elections to process a valid provisional
25 ballot cure affidavit as a voter signature update;
26 revising the Provisional Ballot Voter’s Certificate
27 and Affirmation form; providing a process to cure a
28 provisional ballot with a signature deficiency;
29 requiring a supervisor to mail a voter registration
30 application to an elector in certain circumstances;
31 amending s. 101.151, F.S.; revising requirements for
32 department rules governing ballot design; amending s.
33 101.657, F.S.; requiring sufficient nonpermitting
34 parking for voters at certain early voting locations;
35 amending s. 102.031, F.S.; conforming a provision to
36 changes made by the act; prohibiting the owners or
37 operators of a location on which a polling place or
38 early voting site is located from restricting
39 solicitation in certain areas; amending s. 101.20,
40 F.S.; authorizing the distribution of sample ballots
41 by e-mail or mail in lieu of newspaper publication;
42 amending s. 101.56075, F.S.; authorizing voting to be
43 conducted using a voter interface device that produces
44 a voter-verifiable paper output; amending s. 101.5614,
45 F.S.; authorizing certain individuals to serve as
46 witnesses during the ballot duplication process;
47 amending s. 101.62, F.S.; revising the deadlines by
48 which requests for vote-by-mail ballots must be
49 received and by which vote-by-mail ballots shall be
50 mailed by the supervisor; expanding the period during
51 which a designee may physically collect a vote-by-mail
52 ballot; amending s. 101.64, F.S.; requiring the
53 secrecy envelope included with a vote-by-mail ballot
54 to include a specified statement; amending s. 101.65,
55 F.S.; revising requirements for vote-by-mail ballot
56 instructions; amending s. 101.657, F.S.; requiring a
57 supervisor to report the total number of vote-by-mail
58 ballots received at each early voting location;
59 amending s. 101.68, F.S.; revising the date that
60 canvassing of vote-by-mail ballots may begin; revising
61 requirements related to the canvassing and counting of
62 vote-by-mail ballots; revising the deadline by which
63 vote-by-mail ballot cure affidavits must be submitted;
64 requiring the supervisor to process a valid vote-by
65 mail ballot cure affidavit as a voter signature
66 update; amending s. 101.69, F.S.; requiring a
67 supervisor to provide secure drop boxes in specified
68 locations for an elector to place his or her vote-by
69 mail ballot; amending s. 101.6923, F.S.; revising
70 vote-by-mail ballot instructions for certain first
71 time voters; amending s. 102.031, F.S.; expanding the
72 area in which voter solicitation is prohibited;
73 authorizing an elector to photograph his or her own
74 ballot; amending s. 102.141, F.S.; providing notice
75 requirements for meetings of a county canvassing
76 board; requiring certain individuals to wear
77 identification badges during certain periods; amending
78 s. 102.166, F.S.; modifying certification requirements
79 for voting systems to require the functionality to
80 simultaneously sort and count ballot overvotes and
81 undervotes; revising requirements for department rules
82 regarding manual recounts of certain ballots; amending
83 s. 102.168, F.S.; modifying provisions governing
84 election contests to authorize judicial review of
85 additional information related to determining validity
86 of provisional and vote-by-mail ballot signatures to
87 conform to changes made by the act; amending s.
88 104.051, F.S.; providing a penalty for certain
89 supervisors who willfully violate the Florida Election
90 Code; providing effective dates.
91
92 Be It Enacted by the Legislature of the State of Florida:
93
94 Section 1. Subsection (17) is added to section 97.012,
95 Florida Statutes, to read:
96 97.012 Secretary of State as chief election officer.—The
97 Secretary of State is the chief election officer of the state,
98 and it is his or her responsibility to:
99 (17) Provide formal signature matching training to
100 supervisors of elections and county canvassing board members.
101 Section 2. Effective January 1, 2020, subsection (41) of
102 section 97.021, Florida Statutes, is amended to read:
103 97.021 Definitions.—For the purposes of this code, except
104 where the context clearly indicates otherwise, the term:
105 (41) “Voter interface device” means any device that
106 communicates voting instructions and ballot information to a
107 voter and allows the voter to select and vote for candidates and
108 issues. A voter interface device may not be used to tabulate
109 votes. Any vote tabulation must be based upon a subsequent scan
110 of the marked marksense ballot or the voter-verifiable paper
111 output after the voter interface device process has been
112 completed.
113 Section 3. Subsection (4) of section 98.077, Florida
114 Statutes, is amended to read:
115 98.077 Update of voter signature.—
116 (4) Except as authorized in ss. 101.048 and 101.68:
117 (a) All signature updates for use in verifying vote-by-mail
118 and provisional ballots must be received by the appropriate
119 supervisor before the elector’s ballot is received by the
120 supervisor or, in the case of provisional ballots, before the
121 elector’s ballot is cast of elections no later than the start of
122 the canvassing of vote-by-mail ballots by the canvassing board.
123 (b) The signature on file at the time the vote-by-mail
124 ballot is received or at the time the provisional ballot is cast
125 start of the canvass of the vote-by-mail ballots is the
126 signature that shall be used in verifying the signature on the
127 vote-by-mail and provisional ballot certificates, respectively.
128 Section 4. Paragraph (a) of subsection (2) of section
129 98.0981, Florida Statutes, is amended to read:
130 98.0981 Reports; voting history; statewide voter
131 registration system information; precinct-level election
132 results; book closing statistics.—
133 (2) PRECINCT-LEVEL ELECTION RESULTS.—
134 (a) Within 30 days after certification by the Elections
135 Canvassing Commission of a presidential preference primary
136 election, special election, primary election, or general
137 election, the supervisors of elections shall collect and submit
138 to the department precinct-level election results for the
139 election in a uniform electronic format specified by paragraph
140 (c). The precinct-level election results shall be compiled
141 separately for the primary or special primary election that
142 preceded the general or special general election, respectively.
143 The results shall specifically include for each precinct the
144 total of all ballots cast for each candidate or nominee to fill
145 a national, state, county, or district office or proposed
146 constitutional amendment, with subtotals for each candidate and
147 ballot type, unless fewer than 30 10 voters voted a ballot type.
148 “All ballots cast” means ballots cast by voters who cast a
149 ballot whether at a precinct location, by vote-by-mail ballot
150 including overseas vote-by-mail ballots, during the early voting
151 period, or by provisional ballot.
152 Section 5. Subsection (4) of section 99.063, Florida
153 Statutes, is amended to read:
154 99.063 Candidates for Governor and Lieutenant Governor.—
155 (4) In order to have the name of the candidate for
156 Lieutenant Governor printed on the primary election ballot, a
157 candidate for Governor participating in the primary must
158 designate the candidate for Lieutenant Governor, and the
159 designated candidate must qualify no later than the end of the
160 qualifying period specified in s. 99.061. If the candidate for
161 Lieutenant Governor has not been designated and has not
162 qualified by the end of the qualifying period specified in s.
163 99.061, the phrase “Not Yet Designated” must be included in lieu
164 of the candidate’s name on the primary election ballot.
165 Section 6. Section 100.061, Florida Statutes, is amended to
166 read:
167 100.061 Primary election.—In each year in which a general
168 election is held, a primary election for nomination of
169 candidates of political parties shall be held on the Tuesday 11
170 10 weeks prior to the general election. The candidate receiving
171 the highest number of votes cast in each contest in the primary
172 election shall be declared nominated for such office. If two or
173 more candidates receive an equal and highest number of votes for
174 the same office, such candidates shall draw lots to determine
175 which candidate is nominated.
176 Section 7. Subsection (4) of section 101.015, Florida
177 Statutes, is amended to read:
178 101.015 Standards for voting systems.—
179 (4)(a) The Department of State shall adopt rules
180 establishing minimum security standards for voting systems. The
181 standards, at a minimum, must address the following:
182 1. Chain of custody of ballots, including a detailed
183 description of procedures to create a complete written record of
184 the chain of custody of ballots and paper outputs beginning with
185 their receipt from a printer or manufacturer until such time as
186 they are destroyed.
187 2. Transport of ballots, including a description of the
188 method and equipment used and a detailed list of the names of
189 all individuals involved in such transport.
190 3. Ballot security, including a requirement that all
191 ballots be kept in a locked room in the supervisor’s office, a
192 facility controlled by the supervisor or county canvassing
193 board, or a public place in which the county canvassing board is
194 canvassing votes until needed for canvassing and returned
195 thereafter.
196 (b)1. Each supervisor of elections shall establish written
197 procedures to assure accuracy and security in his or her county,
198 including procedures related to early voting pursuant to s.
199 101.657. Such procedures shall be reviewed in each odd-numbered
200 year by the department of State.
201 2.(c) Each supervisor of elections shall submit any
202 revisions to the security procedures to the department of State
203 at least 45 days before early voting commences pursuant to s.
204 101.657 in an election in which they are to take effect.
205 Section 8. Present subsection (6) of section 101.048,
206 Florida Statutes, is renumbered as subsection (7), subsections
207 (2), (3), and (5) and present subsection (6) of that section are
208 amended, and a new subsection (6) is added to that section, to
209 read:
210 101.048 Provisional ballots.—
211 (2)(a) The county canvassing board shall examine each
212 Provisional Ballot Voter’s Certificate and Affirmation to
213 determine if the person voting that ballot was entitled to vote
214 at the precinct where the person cast a vote in the election and
215 that the person had not already cast a ballot in the election.
216 In determining whether a person casting a provisional ballot is
217 entitled to vote, the county canvassing board shall review the
218 information provided in the Voter’s Certificate and Affirmation,
219 written evidence provided by the person pursuant to subsection
220 (1), information provided in any cure affidavit and accompanying
221 supporting documentation pursuant to subsection (6), any other
222 evidence presented by the supervisor of elections, and, in the
223 case of a challenge, any evidence presented by the challenger. A
224 ballot of a person casting a provisional ballot shall be
225 canvassed pursuant to paragraph (b) counted unless the
226 canvassing board determines by a preponderance of the evidence
227 that the person was not entitled to vote.
228 (b)1. If it is determined that the person was registered
229 and entitled to vote at the precinct where the person cast a
230 vote in the election, the canvassing board must shall compare
231 the signature on the Provisional Ballot Voter’s Certificate and
232 Affirmation or the provisional ballot cure affidavit with the
233 signature on the voter’s registration or precinct register and,
234 if it matches, shall count the ballot. A provisional ballot may
235 be counted only if:
236 1. The signature on the voter’s certificate or the cure
237 affidavit matches the elector’s signature in the registration
238 books or the precinct register; however, in the case of a cure
239 affidavit, the supporting identification listed in subsection
240 (6) must also confirm the identity of the elector; or
241 2. The cure affidavit contains a signature that does not
242 match the elector’s signature in the registration books or the
243 precinct register, but the elector has submitted a current and
244 valid Tier 1 form of identification confirming his or her
245 identity pursuant to subsection (6).
246
247 For purposes of this paragraph, any canvassing board finding
248 that signatures do not match must be by majority vote and beyond
249 a reasonable doubt.
250 2. If it is determined that the person voting the
251 provisional ballot was not registered or entitled to vote at the
252 precinct where the person cast a vote in the election, the
253 (c) Any provisional ballot shall not be counted must and
254 the ballot shall remain in the envelope containing the
255 Provisional Ballot Voter’s Certificate and Affirmation and the
256 envelope shall be marked “Rejected as Illegal.”
257 (d) If a provisional ballot is validated following the
258 submission of a cure affidavit, the supervisor must make a copy
259 of the affidavit, affix it to a voter registration application,
260 and immediately process it as a valid request for a signature
261 update pursuant to s. 98.077.
262 (3) The Provisional Ballot Voter’s Certificate and
263 Affirmation shall be in substantially the following form:
264 STATE OF FLORIDA
265 COUNTY OF ....
266 I do solemnly swear (or affirm) that my name is ....; that
267 my date of birth is ....; that I am registered and qualified to
268 vote in .... County, Florida; that I am registered in the ....
269 Party; that I am a qualified voter of the county; and that I
270 have not voted in this election. I understand that if I commit
271 any fraud in connection with voting, vote a fraudulent ballot,
272 or vote more than once in an election, I can be convicted of a
273 felony of the third degree and fined up to $5,000 and/or
274 imprisoned for up to 5 years. Further, by providing my
275 information below, I authorize the use of e-mail, text message,
276 and telephone call for the limited purpose of signature and
277 ballot validation.
278 ...(Printed Name of Voter)...
279 ...(Signature of Voter)...
280 ...(Current Residence Address)...
281 ...(Current Mailing Address)...
282 ...(City, State, Zip Code)...
283 ...(Driver License Number or Last Four Digits of Social Security
284 Number)...
285 ...(E-Mail Address)...
286 ...(Home Telephone Number)...
287 ...(Mobile Telephone Number)...
288 Sworn to and subscribed before me this .... day of ........,
289 ...(year)....
290 ...(Election Official)...
291 Precinct # .... Ballot Style/Party Issued: ....
292 (5) Each person casting a provisional ballot shall be given
293 written instructions regarding the person’s right to provide the
294 supervisor of elections with written evidence of his or her
295 eligibility to vote and regarding the free access system
296 established pursuant to subsection (7) (6). The instructions
297 must shall contain the supervisor’s contact information along
298 with information on how to access the system and the information
299 the voter will need to provide to obtain information on his or
300 her particular ballot. The instructions shall also include the
301 following statement: “If this is a primary election, you should
302 contact the supervisor of elections’ office immediately to
303 confirm that you are registered and can vote in the general
304 election.”
305 (6)(a) As soon as practicable, the supervisor shall, on
306 behalf of the county canvassing board, attempt to notify an
307 elector who has submitted a provisional ballot that does not
308 include the elector’s signature or contains a signature that
309 does not match the elector’s signature in the registration books
310 or precinct register by:
311 1. Notifying the elector of the signature deficiency by e
312 mail and directing the elector to the cure affidavit and
313 instructions on the supervisor’s website;
314 2. Notifying the elector of the signature deficiency by
315 text message and directing the elector to the cure affidavit and
316 instructions on the supervisor’s website; or
317 3. Notifying the elector of the signature deficiency by
318 telephone and directing the elector to the cure affidavit and
319 instructions on the supervisor’s website.
320
321 In addition to the notification required under subparagraph 1.,
322 subparagraph 2., or subparagraph 3., the supervisor must notify
323 the elector of the signature deficiency by first-class mail and
324 direct the elector to the cure affidavit and instructions on the
325 supervisor’s website. Beginning the day before the election, the
326 supervisor is not required to provide notice of the signature
327 deficiency by first-class mail, but shall continue to provide
328 notice as required in subparagraph 1., subparagraph 2., or
329 subparagraph 3.
330 (b) Until 5 p.m. on the 2nd day after an election, the
331 supervisor shall allow an elector who has submitted a
332 provisional ballot with a signature deficiency to complete and
333 submit a cure affidavit.
334 (c) The elector must complete a cure affidavit in
335 substantially the following form:
336
337 PROVISIONAL BALLOT CURE AFFIDAVIT
338 I, ...., am a qualified voter in this election and a
339 registered voter of .... County, Florida. I do solemnly swear or
340 affirm that I voted a provisional ballot and that I have not and
341 will not vote more than one ballot in this election. I
342 understand that if I commit or attempt any fraud in connection
343 with voting, vote a fraudulent ballot, or vote more than once in
344 an election, I may be convicted of a felony of the third degree,
345 fined up to $5,000, and imprisoned for up to 5 years. I
346 understand that my failure to sign this affidavit will
347 invalidate my ballot.
348
349 ...(Voter’s Signature)...
350
351 ...(Address)...
352
353 (d) Instructions must accompany the cure affidavit in
354 substantially the following form:
355
356 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
357 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
358 BALLOT NOT TO COUNT.
359
360 1. In order to cure the missing signature or the signature
361 discrepancy on your Provisional Ballot Voter’s Certificate and
362 Affirmation, your affidavit should be completed and returned as
363 soon as possible so that it can reach the supervisor of
364 elections of the county in which your precinct is located no
365 later than 5 p.m. on the 2nd day after the election.
366 2. You must sign your name on the line above (Voter’s
367 Signature).
368 3. You must make a copy of one of the following forms of
369 identification:
370 a. Tier 1 identification.—Current and valid identification
371 that includes your name and photograph: Florida driver license;
372 Florida identification card issued by the Department of Highway
373 Safety and Motor Vehicles; United States passport; debit or
374 credit card; military identification; student identification;
375 retirement center identification; neighborhood association
376 identification; public assistance identification; veteran health
377 identification card issued by the United States Department of
378 Veterans Affairs; Florida license to carry a concealed weapon or
379 firearm; or employee identification card issued by any branch,
380 department, agency, or entity of the Federal Government, the
381 state, a county, or a municipality; or
382 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
383 FORM OF IDENTIFICATION, identification that shows your name and
384 current residence address: current utility bill; bank statement;
385 government check; paycheck; or government document (excluding
386 voter information card).
387 4. Place the envelope bearing the affidavit into a mailing
388 envelope addressed to the supervisor. Insert a copy of your
389 identification in the mailing envelope. Mail (if time permits),
390 deliver, or have delivered the completed affidavit along with
391 the copy of your identification to your county supervisor of
392 elections. Be sure there is sufficient postage if mailed and
393 that the supervisor’s address is correct. Remember, your
394 information MUST reach your county supervisor of elections no
395 later than 5 p.m. on the 2nd day following the election or your
396 ballot will not count.
397 5. Alternatively, you may fax or e-mail your completed
398 affidavit and a copy of your identification to the supervisor of
399 elections. If e-mailing, please provide these documents as
400 attachments.
401 6. Submitting a provisional ballot affidavit does not
402 establish your eligibility to vote in this election or guarantee
403 that your ballot will be counted. The county canvassing board
404 determines your eligibility to vote through information provided
405 on the Provisional Ballot Voter’s Certificate and Affirmation,
406 written evidence provided by you, including information in your
407 cure affidavit along with any supporting identification, and any
408 other evidence presented by the supervisor of elections or a
409 challenger. You may still be required to present additional
410 written evidence to support your eligibility to vote.
411 (e) The department and each supervisor shall include the
412 affidavit and instructions on their respective websites. The
413 supervisor shall include his or her office mailing address, e
414 mail address, and fax number on the page containing the
415 affidavit instructions, and the department’s instruction page
416 shall include the office mailing addresses, e-mail addresses,
417 and fax numbers of all supervisors or provide a conspicuous link
418 to such addresses.
419 (f) The supervisor shall attach each affidavit received to
420 the appropriate provisional ballot envelope containing the
421 Provisional Ballot Voter’s Certificate and Affirmation.
422 (7)(a)(6) Each supervisor of elections shall establish a
423 free access system that allows each person who casts a
424 provisional ballot to determine whether his or her provisional
425 ballot was counted in the final canvass of votes and, if not,
426 the reasons why. Information regarding provisional ballots shall
427 be available no later than 30 days following the election. The
428 system established must restrict information regarding an
429 individual ballot to the person who cast the ballot.
430 (b) Unless processed as a signature update pursuant to
431 subsection (2), the supervisor shall mail a voter registration
432 application to the elector to be completed indicating the
433 elector’s current signature if the signature on the voter’s
434 certificate or cure affidavit did not match the elector’s
435 signature in the registration books or precinct register.
436 Section 9. Paragraph (b) of subsection (1) and subsection
437 (9) of section 101.151, Florida Statutes, are amended to read:
438 101.151 Specifications for ballots.—
439 (1)
440 (b) Polling places and early voting sites may employ a
441 ballot-on-demand production system to print individual marksense
442 ballots, including provisional ballots, for eligible electors
443 pursuant to s. 101.657. Ballot-on-demand technology may be used
444 to produce marksense vote-by-mail and election-day ballots.
445 (9)(a) The Department of State shall adopt rules
446 prescribing a uniform primary and general election ballot for
447 each certified voting system. The rules shall incorporate the
448 requirements set forth in this section and shall prescribe
449 additional matters and forms that include, without limitation:
450 1. The ballot title followed by clear and unambiguous
451 ballot instructions and directions limited to a single location
452 on the ballot, either:
453 a. Centered across the top of the ballot; or
454 b. In the leftmost column, with no individual races in that
455 column unless it is the only column on the ballot;
456 2. Individual race layout; and
457 3. Overall ballot layout; and
458 4. Oval vote targets as the only permissible type of vote
459 target, except as provided in s. 101.56075.
460 (b) The department rules must shall graphically depict a
461 sample uniform primary and general election ballot form for each
462 certified voting system.
463 Section 10. Paragraph (a) of subsection (1) of section
464 101.657, Florida Statutes, is amended to read:
465 101.657 Early voting.—
466 (1)(a) As a convenience to the voter, the supervisor of
467 elections shall allow an elector to vote early in the main or
468 branch office of the supervisor. The supervisor shall mark,
469 code, indicate on, or otherwise track the voter’s precinct for
470 each early voted ballot. In order for a branch office to be used
471 for early voting, it shall be a permanent facility of the
472 supervisor and shall have been designated and used as such for
473 at least 1 year prior to the election. The supervisor may also
474 designate any city hall, permanent public library facility,
475 fairground, civic center, courthouse, county commission
476 building, stadium, convention center, government-owned senior
477 center, or government-owned community center as early voting
478 sites; however, if so designated, the sites must be
479 geographically located so as to provide all voters in the county
480 an equal opportunity to cast a ballot, insofar as is
481 practicable, and must provide sufficient nonpermitted parking to
482 accommodate the anticipated amount of voters. In addition, a
483 supervisor may designate one early voting site per election in
484 an area of the county that does not have any of the eligible
485 early voting locations. Such additional early voting site must
486 be geographically located so as to provide all voters in that
487 area with an equal opportunity to cast a ballot, insofar as is
488 practicable, and must provide sufficient nonpermitted parking to
489 accommodate the anticipated amount of voters. Each county shall,
490 at a minimum, operate the same total number of early voting
491 sites for a general election which the county operated for the
492 2012 general election. The results or tabulation of votes cast
493 during early voting may not be made before the close of the
494 polls on election day. Results shall be reported by precinct.
495 Section 11. Paragraph (c) of subsection (4) of section
496 102.031, Florida Statutes, is amended, and paragraph (e) is
497 added to that subsection, to read:
498 102.031 Maintenance of good order at polls; authorities;
499 persons allowed in polling rooms and early voting areas;
500 unlawful solicitation of voters.—
501 (4)
502 (c) Each supervisor of elections shall inform the clerk of
503 the area within which soliciting is unlawful, based on the
504 particular characteristics of that polling place. The supervisor
505 or the clerk may take any reasonable action necessary to ensure
506 order at the polling places, including, but not limited to,
507 having disruptive and unruly persons removed by law enforcement
508 officers from the polling room or place or from the 150-foot
509 100-foot zone surrounding the polling place.
510 (e) The owner, operator, or lessee of the property on which
511 a polling place or an early voting site is located, or an agent
512 or employee thereof, may not prohibit the solicitation of voters
513 outside of the no-solicitation zone during polling hours.
514 Section 12. Subsection (2) of section 101.20, Florida
515 Statutes, is amended to read:
516 101.20 Publication of ballot form; sample ballots.—
517 (2)(a) Upon completion of the list of qualified candidates,
518 a sample ballot shall be published by the supervisor of
519 elections in a newspaper of general circulation in the county,
520 before the day of election.
521 (b) In lieu of the publication required under paragraph
522 (a), a supervisor may send a sample ballot to each registered
523 elector by e-mail at least 7 days before an election if an e
524 mail address has been provided and the elector has opted to
525 receive a sample ballot by electronic delivery. If an e-mail
526 address has not been provided, or if the elector has not opted
527 for electronic delivery, a sample ballot may be mailed to each
528 registered elector or to each household in which there is a
529 registered elector at least 7 days before an election.
530 Section 13. Effective January 1, 2020, section 101.56075,
531 Florida Statutes, is amended to read:
532 101.56075 Voting methods.—For the purpose of designating
533 ballot selections,
534 (1) Except as provided in subsection (2), all voting must
535 shall be by marksense ballot, using utilizing a marking device
536 or a voter interface device that produces a voter-verifiable
537 paper output and for the purpose of designating ballot
538 selections.
539 (2) Persons with disabilities may vote on a voter interface
540 device that meets the voting system accessibility requirements
541 for individuals with disabilities pursuant to s. 301 of the
542 federal Help America Vote Act of 2002 and s. 101.56062.
543 (3) By 2020, persons with disabilities shall vote on a
544 voter interface device that meets the voter accessibility
545 requirements for individuals with disabilities under s. 301 of
546 the federal Help America Vote Act of 2002 and s. 101.56062 which
547 are consistent with subsection (1) of this section.
548 Section 14. Paragraph (a) of subsection (4) of section
549 101.5614, Florida Statutes, is amended to read:
550 101.5614 Canvass of returns.—
551 (4)(a) If any vote-by-mail ballot is physically damaged so
552 that it cannot properly be counted by the automatic tabulating
553 equipment, a true duplicate copy shall be made of the damaged
554 ballot in the presence of witnesses and substituted for the
555 damaged ballot. Likewise, a duplicate ballot shall be made of a
556 vote-by-mail ballot containing an overvoted race or a marked
557 vote-by-mail ballot in which every race is undervoted which
558 shall include all valid votes as determined by the canvassing
559 board based on rules adopted by the division pursuant to s.
560 102.166(4). Upon request, a physically present candidate, a
561 political party official, a political committee official, or an
562 authorized designee thereof, must be allowed to observe the
563 duplication of ballots. All duplicate ballots shall be clearly
564 labeled “duplicate,” bear a serial number which shall be
565 recorded on the defective ballot, and be counted in lieu of the
566 defective ballot. After a ballot has been duplicated, the
567 defective ballot shall be placed in an envelope provided for
568 that purpose, and the duplicate ballot shall be tallied with the
569 other ballots for that precinct.
570 Section 15. Subsection (2) and paragraphs (b) and (c) of
571 subsection (4) of section 101.62, Florida Statutes, are amended
572 to read:
573 101.62 Request for vote-by-mail ballots.—
574 (2) A request for a vote-by-mail ballot to be mailed to a
575 voter must be received no later than 5 p.m. on the 10th sixth
576 day before the election by the supervisor of elections. The
577 supervisor of elections shall mail vote-by-mail ballots to
578 voters requesting ballots by such deadline no later than 8 4
579 days before the election.
580 (4)
581 (b) The supervisor of elections shall mail a vote-by-mail
582 ballot to each absent qualified voter, other than those listed
583 in paragraph (a), who has requested such a ballot, between the
584 40th 35th and 33rd 28th days before the presidential preference
585 primary election, primary election, and general election. Except
586 as otherwise provided in subsection (2) and after the period
587 described in this paragraph, the supervisor shall mail vote-by
588 mail ballots within 2 business days after receiving a request
589 for such a ballot.
590 (c) The supervisor shall provide a vote-by-mail ballot to
591 each elector by whom a request for that ballot has been made by
592 one of the following means:
593 1. By nonforwardable, return-if-undeliverable mail to the
594 elector’s current mailing address on file with the supervisor or
595 any other address the elector specifies in the request.
596 2. By forwardable mail, e-mail, or facsimile machine
597 transmission to absent uniformed services voters and overseas
598 voters. The absent uniformed services voter or overseas voter
599 may designate in the vote-by-mail ballot request the preferred
600 method of transmission. If the voter does not designate the
601 method of transmission, the vote-by-mail ballot shall be mailed.
602 3. By personal delivery before 7 p.m. on election day to
603 the elector, upon presentation of the identification required in
604 s. 101.043.
605 4. By delivery to a designee on election day or up to 9 5
606 days prior to the day of an election. Any elector may designate
607 in writing a person to pick up the ballot for the elector;
608 however, the person designated may not pick up more than two
609 vote-by-mail ballots per election, other than the designee’s own
610 ballot, except that additional ballots may be picked up for
611 members of the designee’s immediate family. For purposes of this
612 section, “immediate family” means the designee’s spouse or the
613 parent, child, grandparent, or sibling of the designee or of the
614 designee’s spouse. The designee shall provide to the supervisor
615 the written authorization by the elector and a picture
616 identification of the designee and must complete an affidavit.
617 The designee shall state in the affidavit that the designee is
618 authorized by the elector to pick up that ballot and shall
619 indicate if the elector is a member of the designee’s immediate
620 family and, if so, the relationship. The department shall
621 prescribe the form of the affidavit. If the supervisor is
622 satisfied that the designee is authorized to pick up the ballot
623 and that the signature of the elector on the written
624 authorization matches the signature of the elector on file, the
625 supervisor shall give the ballot to that designee for delivery
626 to the elector.
627 5. Except as provided in s. 101.655, the supervisor may not
628 deliver a vote-by-mail ballot to an elector or an elector’s
629 immediate family member on the day of the election unless there
630 is an emergency, to the extent that the elector will be unable
631 to go to his or her assigned polling place. If a vote-by-mail
632 ballot is delivered, the elector or his or her designee shall
633 execute an affidavit affirming to the facts which allow for
634 delivery of the vote-by-mail ballot. The department shall adopt
635 a rule providing for the form of the affidavit.
636 Section 16. Subsection (1) of section 101.64, Florida
637 Statutes, is amended, and subsection (5) is added to that
638 section, to read:
639 101.64 Delivery of vote-by-mail ballots; envelopes; form.—
640 (1) The supervisor shall enclose with each vote-by-mail
641 ballot two envelopes: a secrecy envelope, into which the absent
642 elector shall enclose his or her marked ballot; and a mailing
643 envelope, into which the absent elector shall then place the
644 secrecy envelope, which shall be addressed to the supervisor and
645 also bear on the back side a certificate in substantially the
646 following form:
647 Note: Please Read Instructions Carefully Before
648 Marking Ballot and Completing Voter’s Certificate.
649 VOTER’S CERTIFICATE
650 I, ...., do solemnly swear or affirm that I am a qualified
651 and registered voter of .... County, Florida, and that I have
652 not and will not vote more than one ballot in this election. I
653 understand that if I commit or attempt to commit any fraud in
654 connection with voting, vote a fraudulent ballot, or vote more
655 than once in an election, I can be convicted of a felony of the
656 third degree and fined up to $5,000 and/or imprisoned for up to
657 5 years. I also understand that failure to sign this certificate
658 will invalidate my ballot.
659
660 ...(Date)... ...(Voter’s Signature)...
661 ...(E-Mail Address)... ...(Home Telephone Number)...
662 ...(Mobile Telephone Number)...
663 (5) The secrecy envelope must include, in bold font,
664 substantially the following message:
665
666 IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR SUPERVISOR
667 OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 P.M. ON ELECTION DAY.
668 IF YOU WAIT TO MAIL YOUR BALLOT, YOUR VOTE MIGHT NOT COUNT. TO
669 PREVENT THIS FROM OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT
670 AS SOON AS POSSIBLE.
671 Section 17. Section 101.65, Florida Statutes, is amended to
672 read:
673 101.65 Instructions to absent electors.—The supervisor
674 shall enclose with each vote-by-mail ballot separate printed
675 instructions in substantially the following form; however, where
676 the instructions appear in capitalized text, the text of the
677 printed instructions must be in bold font:
678 READ THESE INSTRUCTIONS CAREFULLY
679 BEFORE MARKING BALLOT.
680 1. VERY IMPORTANT. In order to ensure that your vote-by
681 mail ballot will be counted, it should be completed and returned
682 as soon as possible so that it can reach the supervisor of
683 elections of the county in which your precinct is located no
684 later than 7 p.m. on the day of the election. However, if you
685 are an overseas voter casting a ballot in a presidential
686 preference primary or general election, your vote-by-mail ballot
687 must be postmarked or dated no later than the date of the
688 election and received by the supervisor of elections of the
689 county in which you are registered to vote no later than 10 days
690 after the date of the election. Note that the later you return
691 your ballot, the less time you will have to cure any signature
692 deficiencies, which is authorized until 5 p.m. on the 2nd day
693 after the election.
694 2. Mark your ballot in secret as instructed on the ballot.
695 You must mark your own ballot unless you are unable to do so
696 because of blindness, disability, or inability to read or write.
697 3. Mark only the number of candidates or issue choices for
698 a race as indicated on the ballot. If you are allowed to “Vote
699 for One” candidate and you vote for more than one candidate,
700 your vote in that race will not be counted.
701 4. Place your marked ballot in the enclosed secrecy
702 envelope.
703 5. Insert the secrecy envelope into the enclosed mailing
704 envelope which is addressed to the supervisor.
705 6. Seal the mailing envelope and completely fill out the
706 Voter’s Certificate on the back of the mailing envelope.
707 7. VERY IMPORTANT. In order for your vote-by-mail ballot to
708 be counted, you must sign your name on the line above (Voter’s
709 Signature). A vote-by-mail ballot will be considered illegal and
710 not be counted if the signature on the voter’s certificate does
711 not match the signature on record. The signature on file at the
712 time the supervisor of elections in the county in which your
713 precinct is located receives your vote-by-mail ballot start of
714 the canvass of the vote-by-mail ballots is the signature that
715 will be used to verify your signature on the voter’s
716 certificate. If you need to update your signature for this
717 election, send your signature update on a voter registration
718 application to your supervisor of elections so that it is
719 received before your vote-by-mail ballot is received no later
720 than the start of the canvassing of vote-by-mail ballots, which
721 occurs no earlier than the 15th day before election day.
722 8. VERY IMPORTANT. If you are an overseas voter, you must
723 include the date you signed the Voter’s Certificate on the line
724 above (Date) or your ballot may not be counted.
725 9. Mail, deliver, or have delivered the completed mailing
726 envelope. Be sure there is sufficient postage if mailed. THE
727 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
728 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
729 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX,
730 AVAILABLE AT EACH EARLY VOTING LOCATION.
731 10. FELONY NOTICE. It is a felony under Florida law to
732 accept any gift, payment, or gratuity in exchange for your vote
733 for a candidate. It is also a felony under Florida law to vote
734 in an election using a false identity or false address, or under
735 any other circumstances making your ballot false or fraudulent.
736 Section 18. Subsection (2) of section 101.657, Florida
737 Statutes, is amended to read:
738 101.657 Early voting.—
739 (2) During any early voting period, each supervisor of
740 elections shall make available the total number of voters
741 casting a ballot at each early voting location and the total
742 number of vote-by-mail ballots received under s. 101.69(2)
743 during the previous day. Each supervisor shall prepare an
744 electronic data file listing the individual voters who cast a
745 ballot during the early voting period. This information shall be
746 provided in electronic format as provided by rule adopted by the
747 division. The information shall be updated and made available no
748 later than noon of each day and shall be contemporaneously
749 provided to the division.
750 Section 19. Paragraphs (a) and (c) of subsection (2) and
751 subsection (4) of section 101.68, Florida Statutes, are amended
752 to read:
753 101.68 Canvassing of vote-by-mail ballot.—
754 (2)(a) The county canvassing board may begin the canvassing
755 of vote-by-mail ballots at 7 a.m. on the 22nd 15th day before
756 the election, but not later than noon on the day following the
757 election. In addition, for any county using electronic
758 tabulating equipment, the processing of vote-by-mail ballots
759 through such tabulating equipment may begin at 7 a.m. on the
760 22nd 15th day before the election. However, notwithstanding any
761 such authorization to begin canvassing or otherwise processing
762 vote-by-mail ballots early, no result shall be released until
763 after the closing of the polls in that county on election day.
764 Any supervisor of elections, deputy supervisor of elections,
765 canvassing board member, election board member, or election
766 employee who releases the results of a canvassing or processing
767 of vote-by-mail ballots prior to the closing of the polls in
768 that county on election day commits a felony of the third
769 degree, punishable as provided in s. 775.082, s. 775.083, or s.
770 775.084.
771 (c)1. The canvassing board must, if the supervisor has not
772 already done so, compare the signature of the elector on the
773 voter’s certificate or on the vote-by-mail ballot cure affidavit
774 as provided in subsection (4) with the signature of the elector
775 in the registration books or the precinct register to see that
776 the elector is duly registered in the county and to determine
777 the legality of that vote-by-mail ballot. A vote-by-mail ballot
778 may only be counted if:
779 a. The signature on the voter’s certificate or the cure
780 affidavit matches the elector’s signature in the registration
781 books or precinct register; however, in the case of a cure
782 affidavit, the supporting identification listed in subsection
783 (4) must also confirm the identity of the elector; or
784 b. The cure affidavit contains a signature that does not
785 match the elector’s signature in the registration books or
786 precinct register, but the elector has submitted a current and
787 valid Tier 1 identification pursuant to subsection (4) which
788 confirms the identity of the elector.
789
790 For purposes of this subparagraph, any canvassing board finding
791 that an elector’s signatures do not match must be by majority
792 vote and beyond a reasonable doubt.
793 2. The ballot of an elector who casts a vote-by-mail ballot
794 shall be counted even if the elector dies on or before election
795 day, as long as, before the death of the voter, the ballot was
796 postmarked by the United States Postal Service, date-stamped
797 with a verifiable tracking number by a common carrier, or
798 already in the possession of the supervisor of elections.
799 3. A vote-by-mail ballot is not considered illegal if the
800 signature of the elector does not cross the seal of the mailing
801 envelope.
802 4. If any elector or candidate present believes that a
803 vote-by-mail ballot is illegal due to a defect apparent on the
804 voter’s certificate or the cure affidavit, he or she may, at any
805 time before the ballot is removed from the envelope, file with
806 the canvassing board a protest against the canvass of that
807 ballot, specifying the precinct, the ballot, and the reason he
808 or she believes the ballot to be illegal. A challenge based upon
809 a defect in the voter’s certificate or cure affidavit may not be
810 accepted after the ballot has been removed from the mailing
811 envelope.
812 5. If the canvassing board determines that a ballot is
813 illegal, a member of the board must, without opening the
814 envelope, mark across the face of the envelope: “rejected as
815 illegal.” The cure affidavit, if applicable, the envelope, and
816 the ballot therein shall be preserved in the manner that
817 official ballots are preserved.
818 (4)(a) As soon as practicable, the supervisor shall, on
819 behalf of the county canvassing board, attempt to immediately
820 notify an elector who has returned a vote-by-mail ballot that
821 does not include the elector’s signature or contains a signature
822 that does not match the elector’s signature in the registration
823 books or precinct register by:
824 1. Notifying the elector of the signature deficiency by e
825 mail and directing the elector to the cure affidavit and
826 instructions on the supervisor’s website;
827 2. Notifying the elector of the signature deficiency by
828 text message and directing the elector to the cure affidavit and
829 instructions on the supervisor’s website; or
830 3. Notifying the elector of the signature deficiency by
831 telephone and directing the elector to the cure affidavit and
832 instructions on the supervisor’s website.
833
834 In addition to the notification required under subparagraph 1.,
835 subparagraph 2., or subparagraph 3., the supervisor must notify
836 the elector of the signature deficiency by first-class mail and
837 direct the elector to the cure affidavit and instructions on the
838 supervisor’s website. Beginning the day before the election, the
839 supervisor is not required to provide notice of the signature
840 deficiency by first-class mail, but shall continue to provide
841 notice as required under subparagraph 1., subparagraph 2., or
842 subparagraph 3.
843 (b) The supervisor shall allow such an elector to complete
844 and submit an affidavit in order to cure the vote-by-mail ballot
845 until 5 p.m. on the 2nd day after before the election.
846 (c)(b) The elector must complete a cure affidavit in
847 substantially the following form:
848 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT
849 I, ...., am a qualified voter in this election and
850 registered voter of .... County, Florida. I do solemnly swear or
851 affirm that I requested and returned the vote-by-mail ballot and
852 that I have not and will not vote more than one ballot in this
853 election. I understand that if I commit or attempt any fraud in
854 connection with voting, vote a fraudulent ballot, or vote more
855 than once in an election, I may be convicted of a felony of the
856 third degree and fined up to $5,000 and imprisoned for up to 5
857 years. I understand that my failure to sign this affidavit means
858 that my vote-by-mail ballot will be invalidated.
859 ...(Voter’s Signature)...
860 ...(Address)...
861 (d)(c) Instructions must accompany the cure affidavit in
862 substantially the following form:
863 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
864 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
865 BALLOT NOT TO COUNT.
866 1. In order to ensure that your vote-by-mail ballot will be
867 counted, your affidavit should be completed and returned as soon
868 as possible so that it can reach the supervisor of elections of
869 the county in which your precinct is located no later than 5
870 p.m. on the 2nd day after before the election.
871 2. You must sign your name on the line above (Voter’s
872 Signature).
873 3. You must make a copy of one of the following forms of
874 identification:
875 a. Tier 1 identification.—Current and valid identification
876 that includes your name and photograph: Florida driver license;
877 Florida identification card issued by the Department of Highway
878 Safety and Motor Vehicles; United States passport; debit or
879 credit card; military identification; student identification;
880 retirement center identification; neighborhood association
881 identification; public assistance identification; veteran health
882 identification card issued by the United States Department of
883 Veterans Affairs; a Florida license to carry a concealed weapon
884 or firearm; or an employee identification card issued by any
885 branch, department, agency, or entity of the Federal Government,
886 the state, a county, or a municipality; or
887 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
888 FORM OF IDENTIFICATION, identification that shows your name and
889 current residence address: current utility bill, bank statement,
890 government check, paycheck, or government document (excluding
891 voter information identification card).
892 4. Place the envelope bearing the affidavit into a mailing
893 envelope addressed to the supervisor. Insert a copy of your
894 identification in the mailing envelope. Mail (if time permits),
895 deliver, or have delivered the completed affidavit along with
896 the copy of your identification to your county supervisor of
897 elections. Be sure there is sufficient postage if mailed and
898 that the supervisor’s address is correct. Remember, your
899 information MUST reach your county supervisor of elections no
900 later than 5 p.m. on the 2nd day after the election, or your
901 ballot will not count.
902 5. Alternatively, you may fax or e-mail your completed
903 affidavit and a copy of your identification to the supervisor of
904 elections. If e-mailing, please provide these documents as
905 attachments.
906 (e)(d) The department and each supervisor shall include the
907 affidavit and instructions on their respective websites. The
908 supervisor must include his or her office’s mailing address, e
909 mail address, and fax number on the page containing the
910 affidavit instructions, and; the department’s instruction page
911 must include the office mailing addresses, e-mail addresses, and
912 fax numbers of all supervisors of elections or provide a
913 conspicuous link to such addresses.
914 (f)(e) The supervisor shall attach each affidavit received
915 to the appropriate vote-by-mail ballot mailing envelope.
916 (g)(f) If a vote-by-mail ballot is validated following the
917 submission of a cure affidavit, the supervisor shall make a copy
918 of the affidavit, affix it to a voter registration application,
919 and immediately process it as a valid request for a signature
920 update pursuant to s. 98.077.
921 (h) After all election results on the ballot have been
922 certified, the supervisor shall, on behalf of the county
923 canvassing board, notify each elector whose ballot has been
924 rejected as illegal and provide the specific reason the ballot
925 was rejected. In addition, unless processed as a signature
926 update pursuant to paragraph (g), the supervisor shall mail a
927 voter registration application to the elector to be completed
928 indicating the elector’s current signature if the signature on
929 the voter’s certificate or cure affidavit did not match the
930 elector’s signature in the registration books or precinct
931 register. This section does not prohibit the supervisor from
932 providing additional methods for updating an elector’s
933 signature.
934 Section 20. Section 101.69, Florida Statutes, is amended to
935 read:
936 101.69 Voting in person; return of vote-by-mail ballot.—
937 (1) The provisions of this code shall not be construed to
938 prohibit any elector from voting in person at the elector’s
939 precinct on the day of an election or at an early voting site,
940 notwithstanding that the elector has requested a vote-by-mail
941 ballot for that election. An elector who has returned a voted
942 vote-by-mail ballot to the supervisor, however, is deemed to
943 have cast his or her ballot and is not entitled to vote another
944 ballot or to have a provisional ballot counted by the county
945 canvassing board. An elector who has received a vote-by-mail
946 ballot and has not returned the voted ballot to the supervisor,
947 but desires to vote in person, shall return the ballot, whether
948 voted or not, to the election board in the elector’s precinct or
949 to an early voting site. The returned ballot shall be marked
950 “canceled” by the board and placed with other canceled ballots.
951 However, if the elector does not return the ballot and the
952 election official:
953 (a)(1) Confirms that the supervisor has received the
954 elector’s vote-by-mail ballot, the elector shall not be allowed
955 to vote in person. If the elector maintains that he or she has
956 not returned the vote-by-mail ballot or remains eligible to
957 vote, the elector shall be provided a provisional ballot as
958 provided in s. 101.048.
959 (b)(2) Confirms that the supervisor has not received the
960 elector’s vote-by-mail ballot, the elector shall be allowed to
961 vote in person as provided in this code. The elector’s vote-by
962 mail ballot, if subsequently received, shall not be counted and
963 shall remain in the mailing envelope, and the envelope shall be
964 marked “Rejected as Illegal.”
965 (c)(3) Cannot determine whether the supervisor has received
966 the elector’s vote-by-mail ballot, the elector may vote a
967 provisional ballot as provided in s. 101.048.
968 (2) The supervisor shall allow an elector who has received
969 a vote-by-mail ballot to physically return a voted vote-by-mail
970 ballot to the supervisor by placing the envelope containing his
971 or her marked ballot in a secure drop box. Secure drop boxes
972 shall only be placed at the main office of the supervisor, at
973 each branch office of the supervisor, and at each early voting
974 site.
975 Section 21. Subsection (2) of section 101.6923, Florida
976 Statutes, is amended to read:
977 101.6923 Special vote-by-mail ballot instructions for
978 certain first-time voters.—
979 (2) A voter covered by this section shall be provided with
980 printed instructions with his or her vote-by-mail ballot in
981 substantially the following form:
982 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
983 FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
984 TO COUNT.
985 1. In order to ensure that your vote-by-mail ballot will be
986 counted, it should be completed and returned as soon as possible
987 so that it can reach the supervisor of elections of the county
988 in which your precinct is located no later than 7 p.m. on the
989 date of the election. However, if you are an overseas voter
990 casting a ballot in a presidential preference primary or general
991 election, your vote-by-mail ballot must be postmarked or dated
992 no later than the date of the election and received by the
993 supervisor of elections of the county in which you are
994 registered to vote no later than 10 days after the date of the
995 election.
996 2. Mark your ballot in secret as instructed on the ballot.
997 You must mark your own ballot unless you are unable to do so
998 because of blindness, disability, or inability to read or write.
999 3. Mark only the number of candidates or issue choices for
1000 a race as indicated on the ballot. If you are allowed to “Vote
1001 for One” candidate and you vote for more than one, your vote in
1002 that race will not be counted.
1003 4. Place your marked ballot in the enclosed secrecy
1004 envelope and seal the envelope.
1005 5. Insert the secrecy envelope into the enclosed envelope
1006 bearing the Voter’s Certificate. Seal the envelope and
1007 completely fill out the Voter’s Certificate on the back of the
1008 envelope.
1009 a. You must sign your name on the line above (Voter’s
1010 Signature).
1011 b. If you are an overseas voter, you must include the date
1012 you signed the Voter’s Certificate on the line above (Date) or
1013 your ballot may not be counted.
1014 c. A vote-by-mail ballot will be considered illegal and
1015 will not be counted if the signature on the Voter’s Certificate
1016 does not match the signature on record. The signature on file at
1017 the start of the canvass of the vote-by-mail ballots is the
1018 signature that will be used to verify your signature on the
1019 Voter’s Certificate. If you need to update your signature for
1020 this election, send your signature update on a voter
1021 registration application to your supervisor of elections so that
1022 it is received before your vote-by-mail ballot is received no
1023 later than the start of canvassing of vote-by-mail ballots,
1024 which occurs no earlier than the 15th day before election day.
1025 6. Unless you meet one of the exemptions in Item 7., you
1026 must make a copy of one of the following forms of
1027 identification:
1028 a. Identification which must include your name and
1029 photograph: United States passport; debit or credit card;
1030 military identification; student identification; retirement
1031 center identification; neighborhood association identification;
1032 public assistance identification; veteran health identification
1033 card issued by the United States Department of Veterans Affairs;
1034 a Florida license to carry a concealed weapon or firearm; or an
1035 employee identification card issued by any branch, department,
1036 agency, or entity of the Federal Government, the state, a
1037 county, or a municipality; or
1038 b. Identification which shows your name and current
1039 residence address: current utility bill, bank statement,
1040 government check, paycheck, or government document (excluding
1041 voter information identification card).
1042 7. The identification requirements of Item 6. do not apply
1043 if you meet one of the following requirements:
1044 a. You are 65 years of age or older.
1045 b. You have a temporary or permanent physical disability.
1046 c. You are a member of a uniformed service on active duty
1047 who, by reason of such active duty, will be absent from the
1048 county on election day.
1049 d. You are a member of the Merchant Marine who, by reason
1050 of service in the Merchant Marine, will be absent from the
1051 county on election day.
1052 e. You are the spouse or dependent of a member referred to
1053 in paragraph c. or paragraph d. who, by reason of the active
1054 duty or service of the member, will be absent from the county on
1055 election day.
1056 f. You are currently residing outside the United States.
1057 8. Place the envelope bearing the Voter’s Certificate into
1058 the mailing envelope addressed to the supervisor. Insert a copy
1059 of your identification in the mailing envelope. DO NOT PUT YOUR
1060 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1061 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
1062 BALLOT WILL NOT COUNT.
1063 9. Mail, deliver, or have delivered the completed mailing
1064 envelope. Be sure there is sufficient postage if mailed.
1065 10. FELONY NOTICE. It is a felony under Florida law to
1066 accept any gift, payment, or gratuity in exchange for your vote
1067 for a candidate. It is also a felony under Florida law to vote
1068 in an election using a false identity or false address, or under
1069 any other circumstances making your ballot false or fraudulent.
1070 Section 22. Paragraph (a) of subsection (4) and subsection
1071 (5) of section 102.031, Florida Statutes, are amended to read:
1072 102.031 Maintenance of good order at polls; authorities;
1073 persons allowed in polling rooms and early voting areas;
1074 unlawful solicitation of voters.—
1075 (4)(a) No person, political committee, or other group or
1076 organization may solicit voters inside the polling place or
1077 within 150 100 feet of the entrance to any polling place, a
1078 polling room where the polling place is also a polling room, an
1079 early voting site, or an office of the supervisor of elections
1080 where vote-by-mail ballots are requested and printed on demand
1081 for the convenience of electors who appear in person to request
1082 them. Before the opening of the polling place or early voting
1083 site, the clerk or supervisor shall designate the no
1084 solicitation zone and mark the boundaries.
1085 (5) No photography is permitted in the polling room or
1086 early voting area, except an elector may photograph his or her
1087 own ballot.
1088 Section 23. Present subsections (9) and (10) of section
1089 102.141, Florida Statutes, are renumbered as subsections (10)
1090 and (11), respectively, subsection (2) of that section is
1091 amended, and a new subsection (9) is added to that section, to
1092 read:
1093 102.141 County canvassing board; duties.—
1094 (2)(a) The county canvassing board shall meet in a building
1095 accessible to the public in the county where the election
1096 occurred at a time and place to be designated by the supervisor
1097 of elections to publicly canvass the absent electors’ ballots as
1098 provided for in s. 101.68 and provisional ballots as provided by
1099 ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
1100 pursuant to s. 101.049 shall be canvassed in a manner that votes
1101 for candidates and issues on those ballots can be segregated
1102 from other votes. Public notice of the time and place at which
1103 the county canvassing board shall meet to canvass the absent
1104 electors’ ballots and provisional ballots shall be given at
1105 least 48 hours prior thereto by publication on the supervisor of
1106 elections’ website and once in one or more newspapers of general
1107 circulation in the county or, if there is no newspaper of
1108 general circulation in the county, by posting such notice in at
1109 least four conspicuous places in the county. As soon as the
1110 absent electors’ ballots and the provisional ballots are
1111 canvassed, the board shall proceed to publicly canvass the vote
1112 given each candidate, nominee, constitutional amendment, or
1113 other measure submitted to the electorate of the county, as
1114 shown by the returns then on file in the office of the
1115 supervisor of elections.
1116 (b) Public notice of the time and place at which the county
1117 canvassing board shall meet to canvass the absent electors’
1118 ballots and provisional ballots must be given at least 48 hours
1119 prior thereto by publication on the supervisor’s website and
1120 published in one or more newspapers of general circulation in
1121 the county or, if there is no newspaper of general circulation
1122 in the county, by posting such notice in at least four
1123 conspicuous places in the county. The time given in the notice
1124 as to the convening of the meeting of the county canvassing
1125 board must be specific and may not be a time period during which
1126 the board may meet.
1127 (c) If the county canvassing board suspends or recesses a
1128 meeting publicly noticed pursuant to paragraph (b) for a period
1129 lasting more than 60 minutes, the board must post on the
1130 supervisor’s website the anticipated time at which the board
1131 expects to reconvene. If the county canvassing board does not
1132 reconvene at the specified time, the board must provide at least
1133 2 hours’ notice, which must be posted on the supervisor’s
1134 website, before reconvening.
1135 (d) During any meeting of the county canvassing board, a
1136 physical notice must be placed in a conspicuous area near the
1137 public entrance to the building in which the meeting is taking
1138 place. The physical notice must include the names of the
1139 individuals officially serving as the county canvassing board,
1140 the names of any alternate members, the time of the meeting, and
1141 a brief statement as to the anticipated activities of the county
1142 canvassing board.
1143 (9) Each member, substitute member, and alternate member of
1144 the county canvassing board and all clerical help must wear
1145 identification badges during any period in which the county
1146 canvassing board is canvassing votes or engaging in other
1147 official duties. The identification badges should be worn in a
1148 conspicuous and unobstructed area, and include the name of the
1149 individual and his or her official position.
1150 Section 24. Subsection (2) and paragraph (b) of subsection
1151 (4) of section 102.166, Florida Statutes, are amended to read:
1152 102.166 Manual recounts of overvotes and undervotes.—
1153 (2)(a) Any hardware or software used to identify and sort
1154 overvotes and undervotes for a given race or ballot measure must
1155 be certified by the Department of State as part of the voting
1156 system pursuant to s. 101.015. Any such hardware or software
1157 must be capable of simultaneously identifying and sorting
1158 overvotes and undervotes in multiple races while simultaneously
1159 counting votes.
1160 (b) Overvotes and undervotes must shall be identified and
1161 sorted while recounting ballots pursuant to s. 102.141, if the
1162 hardware or software for this purpose has been certified or the
1163 department’s rules so provide.
1164 (4)
1165 (b) The Department of State shall adopt specific rules for
1166 the federal write-in absentee ballot and for each certified
1167 voting system prescribing what constitutes a “clear indication
1168 on the ballot that the voter has made a definite choice.” The
1169 rules shall be consistent, to the extent practicable, and may
1170 not:
1171 1. Authorize the use of any electronic or electromechanical
1172 reading device to review a hybrid voting system ballot that is
1173 produced using a voter interface device and that contains both
1174 machine-readable fields and machine-printed text of the contest
1175 titles and voter selections, unless the printed text is
1176 illegible;
1177 2. Exclusively provide that the voter must properly mark or
1178 designate his or her choice on the ballot; or
1179 3.2. Contain a catch-all provision that fails to identify
1180 specific standards, such as “any other mark or indication
1181 clearly indicating that the voter has made a definite choice.”
1182 Section 25. Subsection (8) of section 102.168, Florida
1183 Statutes, is amended to read:
1184 102.168 Contest of election.—
1185 (8) In any contest that requires a review of the canvassing
1186 board’s decision on the legality of a provisional or vote-by
1187 mail ballot pursuant to s. 101.048 or s. 101.68 based upon a
1188 comparison of the signature of the elector in the registration
1189 records with the signature on the provisional or vote-by-mail
1190 voter’s certificate or the provisional or vote-by-mail cure
1191 affidavit and the signature of the elector in the registration
1192 records, the circuit court may not review or consider any
1193 evidence other than the signature of the elector in the
1194 registration records, the signature on the respective voter’s
1195 certificate or cure affidavit, and any supporting identification
1196 that the elector submitted with the cure affidavit and the
1197 signature of the elector in the registration records. The
1198 court’s review of such issue shall be to determine only if the
1199 canvassing board abused its discretion in making its decision.
1200 Section 26. Subsection (5) is added to section 104.051,
1201 Florida Statutes, to read:
1202 104.051 Violations; neglect of duty; corrupt practices.—
1203 (5) Any supervisor who willfully violates any provision of
1204 the Florida Election Code is, upon a finding of such violation
1205 by a court of competent jurisdiction, prohibited from receiving
1206 the special qualification salary pursuant to s. 145.09(3) for a
1207 period of 24 months, dating from the time of the violation.
1208 Section 27. Except as otherwise expressly provided in this
1209 act, this act shall take effect July 1, 2019.