Florida Senate - 2020                                    SB 1372
       By Senator Brandes
       24-01581-20                                           20201372__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 101.043,
    3         F.S.; deleting a provision that prohibits the use of
    4         an address appearing on identification presented by an
    5         elector at the polls as a basis to confirm or
    6         otherwise challenge an elector’s legal residence;
    7         amending s. 101.5612, F.S.; revising the timeframes
    8         for conducting public preelection testing of automatic
    9         tabulating equipment; amending s. 101.5614, F.S.;
   10         removing the requirement that duplicate ballots be
   11         made of vote-by-mail ballots containing overvoted
   12         races; amending s. 101.6103, F.S.; revising the
   13         timeframe in which the supervisor of elections must
   14         mail ballots in elections conducted under the Mail
   15         Ballot Election Act; amending s. 103.091, F.S.;
   16         expanding the timeframe within which candidates for
   17         political party executive committees may qualify for
   18         office; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Paragraph (b) of subsection (1) of section
   23  101.043, Florida Statutes, is amended to read:
   24         101.043 Identification required at polls.—
   25         (1)
   26         (b) If the picture identification does not contain the
   27  signature of the elector, an additional identification that
   28  provides the elector’s signature shall be required. The address
   29  appearing on the identification presented by the elector may not
   30  be used as the basis to confirm an elector’s legal residence or
   31  otherwise challenge an elector’s legal residence. The elector
   32  shall sign his or her name in the space provided on the precinct
   33  register or on an electronic device provided for recording the
   34  elector’s signature. The clerk or inspector shall compare the
   35  signature with that on the identification provided by the
   36  elector and enter his or her initials in the space provided on
   37  the precinct register or on an electronic device provided for
   38  that purpose and allow the elector to vote if the clerk or
   39  inspector is satisfied as to the identity of the elector.
   40         Section 2. Subsection (2) of section 101.5612, Florida
   41  Statutes, is amended to read:
   42         101.5612 Testing of tabulating equipment.—
   43         (2) On any day not more than 25 10 days before prior to the
   44  commencement of early voting as provided in s. 101.657, the
   45  supervisor of elections shall have the automatic tabulating
   46  equipment publicly tested to ascertain that the equipment will
   47  correctly count the votes cast for all offices and on all
   48  measures. If the ballots to be used at the polling place on
   49  election day are not available at the time of the testing, the
   50  supervisor may conduct an additional test not more than 10 days
   51  before election day. Public notice of the time and place of the
   52  test shall be given at least 48 hours prior thereto by
   53  publication on the supervisor of elections’ website and once in
   54  one or more newspapers of general circulation in the county or,
   55  if there is no newspaper of general circulation in the county,
   56  by posting the notice in at least four conspicuous places in the
   57  county. The supervisor or the municipal elections official may,
   58  at the time of qualifying, give written notice of the time and
   59  location of the public preelection test to each candidate
   60  qualifying with that office and obtain a signed receipt that the
   61  notice has been given. The Department of State shall give
   62  written notice to each statewide candidate at the time of
   63  qualifying, or immediately at the end of qualifying, that the
   64  voting equipment will be tested and advise each candidate to
   65  contact the county supervisor of elections as to the time and
   66  location of the public preelection test. The supervisor or the
   67  municipal elections official shall, at least 30 15 days before
   68  prior to the commencement of early voting as provided in s.
   69  101.657, send written notice by certified mail to the county
   70  party chair of each political party and to all candidates for
   71  other than statewide office whose names appear on the ballot in
   72  the county and who did not receive written notification from the
   73  supervisor or municipal elections official at the time of
   74  qualifying, stating the time and location of the public
   75  preelection test of the automatic tabulating equipment. The
   76  canvassing board shall convene, and each member of the
   77  canvassing board shall certify to the accuracy of the test. For
   78  the test, the canvassing board may designate one member to
   79  represent it. The test shall be open to representatives of the
   80  political parties, the press, and the public. Each political
   81  party may designate one person with expertise in the computer
   82  field who shall be allowed in the central counting room when all
   83  tests are being conducted and when the official votes are being
   84  counted. The designee shall not interfere with the normal
   85  operation of the canvassing board.
   86         Section 3. Paragraph (a) of subsection (4) of section
   87  101.5614, Florida Statutes, is amended to read:
   88         101.5614 Canvass of returns.—
   89         (4)(a) If any vote-by-mail ballot is physically damaged so
   90  that it cannot properly be counted by the automatic tabulating
   91  equipment, a true duplicate copy shall be made of the damaged
   92  ballot in the presence of witnesses and substituted for the
   93  damaged ballot. Likewise, A duplicate ballot must also shall be
   94  made of a vote-by-mail ballot containing an overvoted race or a
   95  marked vote-by-mail ballot in which every race is undervoted,
   96  including which shall include all valid votes as determined by
   97  the canvassing board based on rules adopted by the division
   98  pursuant to s. 102.166(4). Upon request, a physically present
   99  candidate, a political party official, a political committee
  100  official, or an authorized designee thereof, must be allowed to
  101  observe the duplication of ballots. All duplicate ballots shall
  102  be clearly labeled “duplicate,” bear a serial number which shall
  103  be recorded on the defective ballot, and be counted in lieu of
  104  the defective ballot. After a ballot has been duplicated, the
  105  defective ballot shall be placed in an envelope provided for
  106  that purpose, and the duplicate ballot shall be tallied with the
  107  other ballots for that precinct.
  108         Section 4. Subsection (1) of section 101.6103, Florida
  109  Statutes, is amended to read:
  110         101.6103 Mail ballot election procedure.—
  111         (1) Except as otherwise provided in subsection (7), the
  112  supervisor of elections shall mail all official ballots with a
  113  secrecy envelope, a return mailing envelope, and instructions
  114  sufficient to describe the voting process to each elector
  115  entitled to vote in the election not sooner than the 40th 20th
  116  day before the election and not later than the 10th day before
  117  the date of the election. All such ballots shall be mailed by
  118  first-class mail. Ballots shall be addressed to each elector at
  119  the address appearing in the registration records and placed in
  120  an envelope which is prominently marked “Do Not Forward.”
  121         Section 5. Subsection (4) of section 103.091, Florida
  122  Statutes, is amended to read:
  123         103.091 Political parties.—
  124         (4) Any political party other than a minor political party
  125  may by rule provide for the membership of its state or county
  126  executive committee to be elected for 4-year terms at the
  127  primary election in each year a presidential election is held.
  128  The terms begin shall commence on the first day of the month
  129  following each presidential general election,; but the names of
  130  candidates for political party offices may shall not be placed
  131  on the ballot at any other election. The results of such
  132  election shall be determined by a plurality of the votes cast.
  133  In such event, electors seeking to qualify for such office shall
  134  do so with the Department of State or supervisor of elections no
  135  not earlier than noon of the 71st day, or later than noon of the
  136  67th day, preceding the primary election. The outgoing chair of
  137  each county executive committee shall, within 30 days after the
  138  committee members take office, hold an organizational meeting of
  139  all newly elected members for the purpose of electing officers.
  140  The chair of each state executive committee shall, within 60
  141  days after the committee members take office, hold an
  142  organizational meeting of all newly elected members for the
  143  purpose of electing officers.
  144         Section 6. This act shall take effect July 1, 2020.