Florida Senate - 2020                             CS for SB 1372
       By the Committee on Ethics and Elections; and Senator Brandes
       582-03042-20                                          20201372c1
    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 an
    6         elector’s legal residence; amending s. 101.131, F.S.;
    7         revising requirements for eligibility to serve as a
    8         poll watcher; amending s. 101.5612, F.S.; revising the
    9         timeframes for conducting public preelection testing
   10         of automatic tabulating equipment; amending s.
   11         101.5614, F.S.; removing the requirement that
   12         duplicate ballots be made of vote-by-mail ballots
   13         containing overvoted races; amending s. 101.6103,
   14         F.S.; revising the timeframe in which the supervisor
   15         of elections must mail ballots in elections conducted
   16         under the Mail Ballot Election Act; amending s.
   17         103.091, F.S.; authorizing a qualifying office to
   18         accept and hold qualifying papers for candidates for
   19         political party executive committees before the
   20         beginning of the qualifying period; amending s.
   21         106.08, F.S.; preempting counties, municipalities, and
   22         other local governmental entities from enacting or
   23         adopting any limitation or restriction involving
   24         certain contributions and expenditures; providing an
   25         effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Paragraph (b) of subsection (1) of section
   30  101.043, Florida Statutes, is amended to read:
   31         101.043 Identification required at polls.—
   32         (1)
   33         (b) If the picture identification does not contain the
   34  signature of the elector, an additional identification that
   35  provides the elector’s signature shall be required. The address
   36  appearing on the identification presented by the elector may not
   37  be used as the basis to confirm an elector’s legal residence or
   38  otherwise challenge an elector’s legal residence. The elector
   39  shall sign his or her name in the space provided on the precinct
   40  register or on an electronic device provided for recording the
   41  elector’s signature. The clerk or inspector shall compare the
   42  signature with that on the identification provided by the
   43  elector and enter his or her initials in the space provided on
   44  the precinct register or on an electronic device provided for
   45  that purpose and allow the elector to vote if the clerk or
   46  inspector is satisfied as to the identity of the elector.
   47         Section 2. Subsection (1) of section 101.131, Florida
   48  Statutes, is amended to read:
   49         101.131 Watchers at polls.—
   50         (1) Each political party and each candidate may have one
   51  watcher in each polling room or early voting area at any one
   52  time during the election. A political committee formed for the
   53  specific purpose of expressly advocating the passage or defeat
   54  of an issue on the ballot may have one watcher for each polling
   55  room or early voting area at any one time during the election. A
   56  No watcher may not shall be permitted to come closer to the
   57  officials’ table or the voting booths than is reasonably
   58  necessary to properly perform his or her functions, but is each
   59  shall be allowed within the polling room or early voting area to
   60  watch and observe the conduct of electors and officials. The
   61  poll watchers shall furnish their own materials and necessities
   62  and may shall not obstruct the orderly conduct of any election.
   63  The poll watchers shall pose any questions regarding polling
   64  place procedures directly to the clerk for resolution. They may
   65  not interact with voters. Each poll watcher must shall be a
   66  qualified and registered elector of this state the county in
   67  which he or she serves.
   68         Section 3. Subsection (2) of section 101.5612, Florida
   69  Statutes, is amended to read:
   70         101.5612 Testing of tabulating equipment.—
   71         (2) On any day not more than 25 10 days before prior to the
   72  commencement of early voting as provided in s. 101.657, the
   73  supervisor of elections shall have the automatic tabulating
   74  equipment publicly tested to ascertain that the equipment will
   75  correctly count the votes cast for all offices and on all
   76  measures. If the ballots to be used at the polling place on
   77  election day are not available at the time of the testing, the
   78  supervisor may conduct an additional test not more than 10 days
   79  before election day. Public notice of the time and place of the
   80  test shall be given at least 48 hours prior thereto by
   81  publication on the supervisor of elections’ website and once in
   82  one or more newspapers of general circulation in the county or,
   83  if there is no newspaper of general circulation in the county,
   84  by posting the notice in at least four conspicuous places in the
   85  county. The supervisor or the municipal elections official may,
   86  at the time of qualifying, give written notice of the time and
   87  location of the public preelection test to each candidate
   88  qualifying with that office and obtain a signed receipt that the
   89  notice has been given. The Department of State shall give
   90  written notice to each statewide candidate at the time of
   91  qualifying, or immediately at the end of qualifying, that the
   92  voting equipment will be tested and advise each candidate to
   93  contact the county supervisor of elections as to the time and
   94  location of the public preelection test. The supervisor or the
   95  municipal elections official shall, at least 30 15 days before
   96  prior to the commencement of early voting as provided in s.
   97  101.657, send written notice by certified mail to the county
   98  party chair of each political party and to all candidates for
   99  other than statewide office whose names appear on the ballot in
  100  the county and who did not receive written notification from the
  101  supervisor or municipal elections official at the time of
  102  qualifying, stating the time and location of the public
  103  preelection test of the automatic tabulating equipment. The
  104  canvassing board shall convene, and each member of the
  105  canvassing board shall certify to the accuracy of the test. For
  106  the test, the canvassing board may designate one member to
  107  represent it. The test shall be open to representatives of the
  108  political parties, the press, and the public. Each political
  109  party may designate one person with expertise in the computer
  110  field who shall be allowed in the central counting room when all
  111  tests are being conducted and when the official votes are being
  112  counted. The designee shall not interfere with the normal
  113  operation of the canvassing board.
  114         Section 4. Paragraph (a) of subsection (4) of section
  115  101.5614, Florida Statutes, is amended to read:
  116         101.5614 Canvass of returns.—
  117         (4)(a) If any vote-by-mail ballot is physically damaged so
  118  that it cannot properly be counted by the automatic tabulating
  119  equipment, a true duplicate copy shall be made of the damaged
  120  ballot in the presence of witnesses and substituted for the
  121  damaged ballot. Likewise, A duplicate ballot must also shall be
  122  made of a vote-by-mail ballot containing an overvoted race or a
  123  marked vote-by-mail ballot in which every race is undervoted,
  124  including which shall include all valid votes as determined by
  125  the canvassing board based on rules adopted by the division
  126  pursuant to s. 102.166(4). Upon request, a physically present
  127  candidate, a political party official, a political committee
  128  official, or an authorized designee thereof, must be allowed to
  129  observe the duplication of ballots. All duplicate ballots shall
  130  be clearly labeled “duplicate,” bear a serial number which shall
  131  be recorded on the defective ballot, and be counted in lieu of
  132  the defective ballot. After a ballot has been duplicated, the
  133  defective ballot shall be placed in an envelope provided for
  134  that purpose, and the duplicate ballot shall be tallied with the
  135  other ballots for that precinct.
  136         Section 5. Subsection (1) of section 101.6103, Florida
  137  Statutes, is amended to read:
  138         101.6103 Mail ballot election procedure.—
  139         (1) Except as otherwise provided in subsection (7), the
  140  supervisor of elections shall mail all official ballots with a
  141  secrecy envelope, a return mailing envelope, and instructions
  142  sufficient to describe the voting process to each elector
  143  entitled to vote in the election not sooner than the 40th 20th
  144  day before the election and not later than the 10th day before
  145  the date of the election. All such ballots shall be mailed by
  146  first-class mail. Ballots shall be addressed to each elector at
  147  the address appearing in the registration records and placed in
  148  an envelope which is prominently marked “Do Not Forward.”
  149         Section 6. Subsection (4) of section 103.091, Florida
  150  Statutes, is amended to read:
  151         103.091 Political parties.—
  152         (4) Any political party other than a minor political party
  153  may by rule provide for the membership of its state or county
  154  executive committee to be elected for 4-year terms at the
  155  primary election in each year a presidential election is held.
  156  The terms begin shall commence on the first day of the month
  157  following each presidential general election,; but the names of
  158  candidates for political party offices may shall not be placed
  159  on the ballot at any other election. The results of such
  160  election shall be determined by a plurality of the votes cast.
  161  In such event, electors seeking to qualify for such office shall
  162  do so with the Department of State or supervisor of elections no
  163  not earlier than noon of the 71st day, or later than noon of the
  164  67th day, preceding the primary election. Notwithstanding the
  165  qualifying period prescribed in this subsection, a qualifying
  166  office may accept and hold qualifying papers submitted no
  167  earlier than 14 days before the beginning of the qualifying
  168  period, to be processed and filed during the qualifying period.
  169  The outgoing chair of each county executive committee shall,
  170  within 30 days after the committee members take office, hold an
  171  organizational meeting of all newly elected members for the
  172  purpose of electing officers. The chair of each state executive
  173  committee shall, within 60 days after the committee members take
  174  office, hold an organizational meeting of all newly elected
  175  members for the purpose of electing officers.
  176         Section 7. Subsection (11) is added to section 106.08,
  177  Florida Statutes, to read:
  178         106.08 Contributions; limitations on; preemption.—
  179         (11) A county, a municipality, or any other local
  180  governmental entity is expressly preempted from enacting or
  181  adopting any limitation or restriction involving:
  182         (a) Contributions to a political committee or an
  183  electioneering communications organization.
  184         (b) Expenditures for an electioneering communication or an
  185  independent expenditure.
  186         Section 8. This act shall take effect July 1, 2020.