Florida Senate - 2020                                    SB 1782
       
       
        
       By Senator Gainer
       
       
       
       
       
       2-01622A-20                                           20201782__
    1                        A bill to be entitled                      
    2         An act relating to super voting sites; creating s.
    3         101.0011, F.S.; authorizing the designation and
    4         establishment of super voting sites by the supervisor
    5         of elections if certain conditions are met; specifying
    6         application of other provisions of the Florida
    7         Election Code to the administration of super voting
    8         sites; requiring the supervisor of elections to track
    9         ballots cast at such sites according to the voter’s
   10         precinct; authorizing the supervisor to recommend to
   11         the board of county commissioners certain sites as
   12         super voting site locations; requiring super voting
   13         sites to meet certain criteria; requiring the
   14         supervisor to designate super voting sites by a
   15         specified date before an election; requiring the
   16         supervisor to provide a super voting site plan to the
   17         Division of Elections by a specified date; requiring
   18         the division to approve or deny the proposed plan
   19         within a specified timeframe; specifying the timeframe
   20         and hours of operation for super voting sites;
   21         requiring super voting sites to allow a person in line
   22         at the time of closing to vote; authorizing
   23         municipalities and special districts to provide voting
   24         at super voting sites in certain elections; requiring
   25         the supervisor to make certain voter data available;
   26         requiring the supervisor to provide such data in a
   27         specified manner to the division; specifying that a
   28         vote cast at a super voting site must be counted even
   29         if an elector dies on or before election day;
   30         requiring an elector voting at a super voting site to
   31         provide identification and complete a voter
   32         certificate; prescribing the form of the certificate;
   33         specifying applicability of provisions governing voter
   34         challenges and the canvass of returns; amending ss.
   35         97.021, 98.0981, 100.032, 101.001, and 101.015, F.S.;
   36         conforming provisions to changes made by the act;
   37         amending s. 101.051, F.S.; expanding the no
   38         solicitation zone surrounding the entrance to voting
   39         sites; conforming provisions to changes made by the
   40         act; amending ss. 101.131, 101.151, 101.49, 101.5612,
   41         101.591, 101.657, 101.69, 101.71, 102.031, and
   42         102.141, F.S.; conforming provisions to changes made
   43         by the act; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 101.0011, Florida Statutes, is created
   48  to read:
   49         101.0011 Super voting sites.—
   50         (1)(a)Upon the recommendation of the supervisor of
   51  elections and approval by the board of county commissioners, the
   52  supervisor may designate and establish one or more super voting
   53  sites in the county at which any voter registered in the county
   54  may vote. Any super voting site created pursuant to this section
   55  may not be changed without the consent of the supervisor and a
   56  majority of the members of the board of county commissioners.
   57  Any super voting site established in accordance with this
   58  section is otherwise considered a polling place subject to s.
   59  101.71, except that a super voting site may be independent of
   60  and dissociated from any precinct created by the county. If a
   61  supervisor elects to designate and create one or more super
   62  voting sites pursuant to this section, the supervisor is not
   63  required to provide early voting in accordance with s. 101.657,
   64  and any determinations, processes, or procedures adopted or
   65  employed by the supervisor for the administration of early
   66  voting are superseded by the requirements of this section. Any
   67  requirements and authorizations in s. 101.001 which do not
   68  conflict with this section shall otherwise continue to apply to
   69  a county that elects to establish super voting sites.
   70         (b) The supervisor shall mark, code, indicate on, or
   71  otherwise track the voter’s precinct for each ballot cast at a
   72  super voting site. The results or tabulation of votes cast at a
   73  super voting site may not be made before the close of the polls
   74  on election day. Official results must be reported by precinct.
   75         (c) The supervisor shall recommend to the board of county
   76  commissioners one or more locations within the county as a super
   77  voting site. In order to be designated and established as a
   78  super voting site, the site must be geographically located so as
   79  to provide all voters in the county an equal opportunity to cast
   80  a ballot, insofar as is practicable, and must provide sufficient
   81  nonpermitted parking to accommodate the anticipated number of
   82  voters. The geographic location of super voting sites must be
   83  based upon demographics and the distribution of registered
   84  voters within the county.
   85         (d) The supervisor shall designate and establish any super
   86  voting site by no later than the 30th day before an election.
   87  The supervisor shall provide to the division no later than the
   88  30th day before an election the county’s plan for use of super
   89  voting sites, which must include an acknowledgement that the
   90  board of county commissioners has elected to approve such super
   91  voting sites, the address or addresses of the super voting site
   92  or sites, and the hours that voting will occur at each site. The
   93  division must determine whether the county’s plan complies with
   94  the requirements of this subsection and approve or deny the plan
   95  within 5 business days after its receipt of the plan, as
   96  submitted by the supervisor.
   97         (e) Voting at super voting sites shall begin on the 10th
   98  day before an election that contains state or federal races and
   99  end on election day. Each super voting site must be open for at
  100  least 8 hours, but no more than 12 hours, per day during the
  101  applicable period, except the site must be open for 12 hours on
  102  election day. In addition, voting at super voting sites may be
  103  offered at the discretion of the supervisor on the 15th, 14th,
  104  13th, 12th, or 11th day before an election that contains state
  105  or federal races for at least 8 hours per day, but no more than
  106  12 hours per day. The supervisor may provide voting at super
  107  voting sites for elections that are not held in conjunction with
  108  a state or federal election. However, the supervisor has the
  109  discretion to determine the hours of operation of super voting
  110  sites in those elections. All super voting sites in a county
  111  shall allow any person in line at the closing of a super voting
  112  site to vote.
  113         (f) Notwithstanding the requirements of s. 100.3605,
  114  municipalities may provide voting at super voting sites in
  115  municipal elections that are not held in conjunction with county
  116  or state elections. If a municipality provides voting at super
  117  voting sites, it may designate as many sites as necessary and
  118  must conduct its activities in accordance with the provisions of
  119  paragraphs (a)-(e).
  120         (g) Notwithstanding the requirements of s. 189.04, special
  121  districts may provide voting at super voting sites in any
  122  district election not held in conjunction with county or state
  123  elections. If a special district provides voting at super voting
  124  sites, it may designate as many sites as necessary and shall
  125  conduct its activities in accordance with the provisions of
  126  paragraphs (a)-(e).
  127         (2) During the time period in which a county operates a
  128  super voting site, each supervisor shall make available the
  129  total number of voters casting a ballot at each super voting
  130  site during the previous day. Each supervisor shall prepare an
  131  electronic data file listing the individual voters who cast a
  132  ballot at each super voting site during the voting period before
  133  election day. This information must be provided in electronic
  134  format as provided by rule adopted by the division. The
  135  information must be updated and made available no later than
  136  noon of each day and contemporaneously provided to the division.
  137         (3) The ballot of each elector voting at a super voting
  138  site must be counted even if the elector dies on or before
  139  election day.
  140         (4)(a) The elector must provide identification and must
  141  complete a voter certificate in substantially the following
  142  form:
  143  
  144                          VOTER CERTIFICATE                        
  145  
  146  I, ...., am a qualified elector in this election and registered
  147  voter of .... County, Florida. I do solemnly swear or affirm
  148  that I am the person so listed on the voter registration rolls
  149  of .... County and that I reside at the listed address. I
  150  understand that if I commit or attempt to commit fraud in
  151  connection with voting, vote a fraudulent ballot, or vote more
  152  than once in an election, I could be convicted of a felony of
  153  the third degree and both fined up to $5,000 and imprisoned for
  154  up to 5 years. I understand that my failure to sign this
  155  certificate invalidates my ballot.
  156  
  157  ...(Voter’s Signature)...
  158  ...(Address)...
  159  ...(City/State)...
  160  
  161         (b) Any elector may challenge an elector seeking to vote at
  162  a super voting site under the provisions of s. 101.111. Any
  163  challenged voter must vote a provisional ballot. The canvassing
  164  board shall review the ballot and decide the validity of the
  165  ballot by majority vote.
  166         (c) The canvassing of returns for ballots cast under this
  167  subsection shall be substantially the same as for votes cast by
  168  electors in precincts, as provided in s. 101.5614.
  169         Section 2. Subsection (29) of section 97.021, Florida
  170  Statutes, is amended to read:
  171         97.021 Definitions.—For the purposes of this code, except
  172  where the context clearly indicates otherwise, the term:
  173         (29) “Polling room” means the actual room in which ballots
  174  are cast on election day and during early voting or the period
  175  in which super voting sites are open.
  176         Section 3. Paragraphs (b) and (d) of subsection (1) and
  177  paragraph (a) of subsection (2) of section 98.0981, Florida
  178  Statutes, are amended to read:
  179         98.0981 Reports; voting history; statewide voter
  180  registration system information; precinct-level election
  181  results; book closing statistics.—
  182         (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
  183  INFORMATION.—
  184         (b) After receipt of the information in paragraph (a), the
  185  department shall prepare a report in electronic format which
  186  contains the following information, separately compiled for the
  187  primary and general election for all voters qualified to vote in
  188  either election:
  189         1. The unique identifier assigned to each qualified voter
  190  within the statewide voter registration system;
  191         2. All information provided by each qualified voter on his
  192  or her voter registration application pursuant to s. 97.052(2),
  193  except that which is confidential or exempt from public records
  194  requirements;
  195         3. Each qualified voter’s date of registration;
  196         4. Each qualified voter’s current state representative
  197  district, state senatorial district, and congressional district,
  198  assigned by the supervisor of elections;
  199         5. Each qualified voter’s current precinct; and
  200         6. Voting history as transmitted under paragraph (a) to
  201  include whether the qualified voter voted at a precinct
  202  location, voted at a super voting site, voted during the early
  203  voting period, voted by vote-by-mail ballot, attempted to vote
  204  by vote-by-mail ballot that was not counted, attempted to vote
  205  by provisional ballot that was not counted, or did not vote.
  206         (d) File specifications are as follows:
  207         1. The file must shall contain records designated by the
  208  categories below for all qualified voters who, regardless of the
  209  voter’s county of residence or active or inactive registration
  210  status at the book closing for the corresponding election that
  211  the file is being created for:
  212         a. Voted a regular ballot at a precinct location.
  213         b. Voted at a precinct location using a provisional ballot
  214  that was subsequently counted.
  215         c. Voted a regular ballot at a super voting site.
  216         d. Voted at a super voting site using a provisional ballot
  217  that was subsequently counted.
  218         e. Voted a regular ballot during the early voting period.
  219         f.d. Voted during the early voting period using a
  220  provisional ballot that was subsequently counted.
  221         g.e. Voted by vote-by-mail ballot.
  222         h.f. Attempted to vote by vote-by-mail ballot, but the
  223  ballot was not counted.
  224         i.g. Attempted to vote by provisional ballot, but the
  225  ballot was not counted in that election.
  226         2. Each file must shall be created or converted into a tab
  227  delimited format.
  228         3. File names must shall adhere to the following
  229  convention:
  230         a. Three-character county identifier as established by the
  231  department followed by an underscore.
  232         b. Followed by four-character file type identifier of
  233  “VHO3” followed by an underscore.
  234         c. Followed by FVRS election ID followed by an underscore.
  235         d. Followed by Date Created followed by an underscore.
  236         e. Date format is YYYYMMDD.
  237         f. Followed by Time Created - HHMMSS.
  238         g. Followed by “.txt”.
  239         4. Each record must shall contain the following columns:
  240  Record Identifier, FVRS Voter ID Number, FVRS Election ID
  241  Number, Vote Date, Vote History Code, Precinct, Congressional
  242  District, House District, Senate District, County Commission
  243  District, and School Board District.
  244         (2) PRECINCT-LEVEL ELECTION RESULTS.—
  245         (a) Within 30 days after certification by the Elections
  246  Canvassing Commission of a presidential preference primary
  247  election, special election, primary election, or general
  248  election, the supervisors of elections shall collect and submit
  249  to the department precinct-level election results for the
  250  election in a uniform electronic format specified by paragraph
  251  (c). The precinct-level election results shall be compiled
  252  separately for the primary or special primary election that
  253  preceded the general or special general election, respectively.
  254  The results must shall specifically include for each precinct
  255  the total of all ballots cast for each candidate or nominee to
  256  fill a national, state, county, or district office or proposed
  257  constitutional amendment, with subtotals for each candidate and
  258  ballot type, unless fewer than 30 voters voted a ballot type.
  259  “All ballots cast” means ballots cast by voters who cast a
  260  ballot whether at a precinct location, a super voting site, by
  261  vote-by-mail ballot including overseas vote-by-mail ballots,
  262  during the early voting period, or during the period in which
  263  super voting sites are open, if applicable, or by provisional
  264  ballot.
  265         Section 4. Section 100.032, Florida Statutes, is amended to
  266  read:
  267         100.032 Election preparation report; general election.—Each
  268  supervisor of elections must post a report on his or her
  269  official website at least 3 months before a general election
  270  which outlines preparations for the upcoming general election.
  271  The report must include, at a minimum, the following elements:
  272  the anticipated staffing levels during the early voting period
  273  or the period during which super voting sites are operating, on
  274  election day and after election day; and the anticipated amount
  275  of automatic tabulating equipment at each early voting site,
  276  super voting site, and polling place.
  277         Section 5. Subsection (1) of section 101.001, Florida
  278  Statutes, is amended to read:
  279         101.001 Precincts and polling places; boundaries.—
  280         (1) The board of county commissioners in each county, upon
  281  recommendation and approval of the supervisor, shall alter or
  282  create precincts for voting in the county. Each precinct shall
  283  be numbered and, as nearly as practicable, composed of
  284  contiguous and compact areas. The supervisor shall designate a
  285  polling place at a suitable location within each precinct unless
  286  the county has opted to operate super voting sites in accordance
  287  with s. 101.0011. The precinct shall not be changed thereafter
  288  except with the consent of the supervisor and a majority of the
  289  members of the board of county commissioners. The board of
  290  county commissioners and the supervisor may have precinct
  291  boundaries conform to municipal boundaries in accordance with
  292  the provisions of s. 101.002, but, in any event, the
  293  registration books shall be maintained in such a manner that
  294  there may be determined therefrom the total number of electors
  295  in each municipality.
  296         Section 6. Paragraph (b) of subsection (4) of section
  297  101.015, Florida Statutes, is amended to read:
  298         101.015 Standards for voting systems.—
  299         (4)
  300         (b)1. Each supervisor shall establish written procedures to
  301  assure accuracy and security in his or her county, including
  302  procedures related to early voting pursuant to s. 101.657 or
  303  procedures related to super voting sites pursuant to s.
  304  101.0011, if applicable. Such procedures shall be reviewed in
  305  each odd-numbered year by the department.
  306         2. Each supervisor shall submit any revisions to the
  307  security procedures to the department at least 45 days before
  308  early voting commences pursuant to s. 101.657 or super voting
  309  sites open pursuant to s. 101.0011 in an election in which they
  310  are to take effect.
  311         Section 7. Subsections (2) and (5) of section 101.051,
  312  Florida Statutes, are amended to read:
  313         101.051 Electors seeking assistance in casting ballots;
  314  oath to be executed; forms to be furnished.—
  315         (2) It is unlawful for any person to be in the voting booth
  316  with any elector except as provided in subsection (1). A person
  317  at a polling place, super voting site, or early voting site, or
  318  within 150 100 feet of the entrance of a polling place, super
  319  voting site, or early voting site, may not solicit any elector
  320  in an effort to provide assistance to vote pursuant to
  321  subsection (1). Any person who violates this subsection commits
  322  a misdemeanor of the first degree, punishable as provided in s.
  323  775.082 or s. 775.083.
  324         (5) If an elector needing assistance requests that a person
  325  other than an election official provide him or her with
  326  assistance in voting, the clerk or one of the inspectors shall
  327  require the person providing assistance to take the following
  328  oath:
  329  
  330                  DECLARATION TO PROVIDE ASSISTANCE                
  331  
  332  State of Florida
  333  County of ....
  334  Date ....
  335  Precinct ....
  336  
  337         I, ...(Print name)..., have been requested by ...(print
  338  name of elector needing assistance)... to provide him or her
  339  with assistance to vote. I swear or affirm that I am not the
  340  employer, an agent of the employer, or an officer or agent of
  341  the union of the voter and that I have not solicited this voter
  342  at the polling place, super voting site, or early voting site or
  343  within 150 100 feet of such locations in an effort to provide
  344  assistance.
  345  
  346  ...(Signature of assistor)...
  347  
  348  Sworn and subscribed to before me this .... day of ....,
  349  ...(year)....
  350  
  351  ...(Signature of Official Administering Oath)...
  352  
  353         Section 8. Section 101.131, Florida Statutes, is amended to
  354  read:
  355         101.131 Watchers at polls.—
  356         (1) Each political party and each candidate may have one
  357  watcher in each polling room or early voting area at any one
  358  time during the election. A political committee formed for the
  359  specific purpose of expressly advocating the passage or defeat
  360  of an issue on the ballot may have one watcher for each polling
  361  room or early voting area at any one time during the election. A
  362  No watcher may not shall be permitted to come closer to the
  363  officials’ table or the voting booths than is reasonably
  364  necessary to properly perform his or her functions, but is each
  365  shall be allowed within the polling room or early voting area to
  366  watch and observe the conduct of electors and officials. The
  367  poll watchers shall furnish their own materials and necessities
  368  and may shall not obstruct the orderly conduct of any election.
  369  The poll watchers shall pose any questions regarding polling
  370  place procedures directly to the clerk for resolution. They may
  371  not interact with voters. Each poll watcher shall be a qualified
  372  and registered elector of the county in which he or she serves.
  373         (2) Each party, each political committee, and each
  374  candidate requesting to have poll watchers shall designate, in
  375  writing to the supervisors of elections, on a form prescribed by
  376  the division, before noon of the second Tuesday preceding the
  377  election poll watchers for each polling room on election day.
  378  Designations of poll watchers for early voting areas and super
  379  voting sites must shall be submitted in writing to the
  380  supervisor of elections, on a form prescribed by the division,
  381  before noon at least 14 days before early voting begins or super
  382  voting sites open. The poll watchers for polling rooms shall be
  383  approved by the supervisor of elections on or before the Tuesday
  384  before the election. Poll watchers for early voting areas and
  385  super voting sites shall be approved by the supervisor of
  386  elections no later than 7 days before early voting begins or
  387  super voting sites open. The supervisor shall furnish to each
  388  election board a list of the poll watchers designated and
  389  approved for such polling rooms, or early voting areas, or super
  390  voting sites. Designation of poll watchers shall be made by the
  391  chair of the county executive committee of a political party,
  392  the chair of a political committee, or the candidate requesting
  393  to have poll watchers.
  394         (3) A No candidate or a sheriff, deputy sheriff, police
  395  officer, or other law enforcement officer may not be designated
  396  as a poll watcher.
  397         (4) All poll watchers shall be allowed to enter and watch
  398  polls in all polling rooms and early voting areas within the
  399  county in which they have been designated if the number of poll
  400  watchers at any particular polling place does not exceed the
  401  number provided in this section.
  402         (5) The supervisor of elections shall provide to each
  403  designated poll watcher, no later than 7 days before early
  404  voting begins, a poll watcher identification badge that
  405  identifies the poll watcher by name. Each poll watcher must wear
  406  his or her identification badge while in the polling room or
  407  early voting area.
  408         Section 9. Paragraph (b) of subsection (1) of section
  409  101.151, Florida Statutes, is amended to read:
  410         101.151 Specifications for ballots.—
  411         (1)
  412         (b) Polling places, super voting sites, and early voting
  413  sites may employ a ballot-on-demand production system to print
  414  individual marksense ballots, including provisional ballots, for
  415  eligible electors. Ballot-on-demand technology may be used to
  416  produce marksense vote-by-mail and election-day ballots.
  417         Section 10. Subsection (1) of section 101.49, Florida
  418  Statutes, is amended to read:
  419         101.49 Procedure of election officers where signatures
  420  differ.—
  421         (1) Whenever any clerk or inspector, upon a just comparison
  422  of the signatures, doubts that the signature on the
  423  identification presented by the elector is the same as the
  424  signature the elector affixed on the precinct register or the
  425  voter early voting certificate under s. 101.0011(4)(a) or s.
  426  101.657(4)(a), as applicable, the clerk or inspector shall
  427  deliver to the person an affidavit which shall be in
  428  substantially the following form:
  429  
  430  STATE OF FLORIDA,
  431  COUNTY OF ....
  432  
  433         I do solemnly swear (or affirm) that my name is ....; that
  434  I am .... years old; that I was born in the State of ....; that
  435  I am registered to vote; that I am a qualified voter of the
  436  county and state aforesaid and have not voted in this election.
  437  
  438  ...(Signature of voter)...
  439  
  440         Sworn to and subscribed before me this .... day of ...., A.
  441  D. ...(year)....
  442  
  443  ...(Clerk or inspector of election)...
  444  
  445  Precinct No. ....
  446  County of ....
  447  
  448         Section 11. Subsection (2) of section 101.5612, Florida
  449  Statutes, is amended to read:
  450         101.5612 Testing of tabulating equipment.—
  451         (2) On any day not more than 10 days before prior to the
  452  commencement of early voting as provided in s. 101.657 or the
  453  opening of super voting sites as provided in s. 101.0011, the
  454  supervisor of elections shall have the automatic tabulating
  455  equipment publicly tested to ascertain that the equipment will
  456  correctly count the votes cast for all offices and on all
  457  measures. If the ballots to be used at the polling place on
  458  election day are not available at the time of the testing, the
  459  supervisor may conduct an additional test not more than 10 days
  460  before election day. Public notice of the time and place of the
  461  test shall be given at least 48 hours prior thereto by
  462  publication on the supervisor of elections’ website and once in
  463  one or more newspapers of general circulation in the county or,
  464  if there is no newspaper of general circulation in the county,
  465  by posting the notice in at least four conspicuous places in the
  466  county. The supervisor or the municipal elections official may,
  467  at the time of qualifying, give written notice of the time and
  468  location of the public preelection test to each candidate
  469  qualifying with that office and obtain a signed receipt that the
  470  notice has been given. The Department of State shall give
  471  written notice to each statewide candidate at the time of
  472  qualifying, or immediately at the end of qualifying, that the
  473  voting equipment will be tested and advise each candidate to
  474  contact the county supervisor of elections as to the time and
  475  location of the public preelection test. The supervisor or the
  476  municipal elections official shall, at least 15 days before
  477  prior to the commencement of early voting as provided in s.
  478  101.657 or the opening of super voting sites as provided in s.
  479  101.0011, send written notice by certified mail to the county
  480  party chair of each political party and to all candidates for
  481  other than statewide office whose names appear on the ballot in
  482  the county and who did not receive written notification from the
  483  supervisor or municipal elections official at the time of
  484  qualifying, stating the time and location of the public
  485  preelection test of the automatic tabulating equipment. The
  486  canvassing board shall convene, and each member of the
  487  canvassing board shall certify to the accuracy of the test. For
  488  the test, the canvassing board may designate one member to
  489  represent it. The test shall be open to representatives of the
  490  political parties, the press, and the public. Each political
  491  party may designate one person with expertise in the computer
  492  field who shall be allowed in the central counting room when all
  493  tests are being conducted and when the official votes are being
  494  counted. The designee shall not interfere with the normal
  495  operation of the canvassing board.
  496         Section 12. Paragraphs (a) and (b) of subsection (2) of
  497  section 101.591, Florida Statutes, are amended to read:
  498         101.591 Voting system audit.—
  499         (2)(a) A manual audit consists shall consist of a public
  500  manual tally of the votes cast in one randomly selected race
  501  that appears on the ballot. The tally sheet must shall include
  502  election day, super voting site, election-day, vote-by-mail,
  503  early voting, provisional, and overseas ballots, in at least 1
  504  percent but no more than 2 percent of the precincts chosen at
  505  random by the county canvassing board or the local board
  506  responsible for certifying the election. If 1 percent of the
  507  precincts is less than one entire precinct, the audit must shall
  508  be conducted using at least one precinct chosen at random by the
  509  county canvassing board or the local board responsible for
  510  certifying the election. Such precincts shall be selected at a
  511  publicly noticed canvassing board meeting.
  512         (b) An automated audit consists shall consist of a public
  513  automated tally of the votes cast across every race that appears
  514  on the ballot. The tally sheet must shall include election day,
  515  super voting site, vote-by-mail, early voting, provisional, and
  516  overseas ballots in at least 20 percent of the precincts chosen
  517  at random by the county canvassing board or the local board
  518  responsible for certifying the election. Such precincts shall be
  519  selected at a publicly noticed canvassing board meeting.
  520         Section 13. Subsection (5) is added to section 101.657,
  521  Florida Statutes, to read:
  522         101.657 Early voting.—
  523         (5) This section does not apply to a county that has opted
  524  to operate super voting sites in accordance with s. 101.0011.
  525         Section 14. Section 101.69, Florida Statutes, is amended to
  526  read:
  527         101.69 Voting in person; return of vote-by-mail ballot.—
  528         (1) The provisions of this code shall not be construed to
  529  prohibit any elector from voting in person at the elector’s
  530  precinct on the day of an election or at an early voting site or
  531  super voting site, notwithstanding that the elector has
  532  requested a vote-by-mail ballot for that election. An elector
  533  who has returned a voted vote-by-mail ballot to the supervisor,
  534  however, is deemed to have cast his or her ballot and is not
  535  entitled to vote another ballot or to have a provisional ballot
  536  counted by the county canvassing board. An elector who has
  537  received a vote-by-mail ballot and has not returned the voted
  538  ballot to the supervisor, but desires to vote in person, shall
  539  return the ballot, whether voted or not, to the election board
  540  in the elector’s precinct or to an early voting site or super
  541  voting site. The returned ballot shall be marked “canceled” by
  542  the board and placed with other canceled ballots. However, if
  543  the elector does not return the ballot and the election
  544  official:
  545         (a) Confirms that the supervisor has received the elector’s
  546  vote-by-mail ballot, the elector shall not be allowed to vote in
  547  person. If the elector maintains that he or she has not returned
  548  the vote-by-mail ballot or remains eligible to vote, the elector
  549  shall be provided a provisional ballot as provided in s.
  550  101.048.
  551         (b) Confirms that the supervisor has not received the
  552  elector’s vote-by-mail ballot, the elector shall be allowed to
  553  vote in person as provided in this code. The elector’s vote-by
  554  mail ballot, if subsequently received, shall not be counted and
  555  shall remain in the mailing envelope, and the envelope shall be
  556  marked “Rejected as Illegal.”
  557         (c) Cannot determine whether the supervisor has received
  558  the elector’s vote-by-mail ballot, the elector may vote a
  559  provisional ballot as provided in s. 101.048.
  560         (2) The supervisor shall allow an elector who has received
  561  a vote-by-mail ballot to physically return a voted vote-by-mail
  562  ballot to the supervisor by placing the envelope containing his
  563  or her marked ballot in a secure drop box. Secure drop boxes
  564  shall be placed at the main office of the supervisor, at each
  565  branch office of the supervisor, and at each early voting site.
  566  Secure drop boxes may also be placed at any other site that
  567  would otherwise qualify as an early voting site under s.
  568  101.657(1) or a super voting site under s. 101.0011(1)(c);
  569  provided, however, that any such site must be staffed during the
  570  county’s early voting hours of operation of the county’s early
  571  voting sites or super voting sites, whichever is applicable, by
  572  an employee of the supervisor’s office or a sworn law
  573  enforcement officer.
  574         Section 15. Subsection (1) of section 101.71, Florida
  575  Statutes, is amended to read:
  576         101.71 Polling place.—
  577         (1) There shall be in Each precinct in each county must
  578  have a one polling place that is which shall be accessible to
  579  the public on election day and is managed by a board of
  580  inspectors and clerk of election. If a county has opted to
  581  operate super voting sites in accordance with s. 101.0011, each
  582  precinct is no longer required to have a polling place but the
  583  other requirements of this section regarding polling places
  584  continue to apply. Only one elector is shall be allowed to enter
  585  any voting booth at a time; only no one except inspectors are
  586  shall be allowed to speak to the elector while casting his or
  587  her vote; and an inspector may not no inspector shall speak to
  588  or interfere with the elector concerning his or her voting,
  589  except to perform the duties as such inspector. Notwithstanding
  590  any other provision of this chapter, this section is shall be
  591  applicable if where the computer method of voting is in use, and
  592  adequate provision must shall be made for the privacy of the
  593  elector while casting his or her vote.
  594         Section 16. Section 102.031, Florida Statutes, is amended
  595  to read:
  596         102.031 Maintenance of good order at polls; authorities;
  597  persons allowed in polling rooms and early voting areas;
  598  unlawful solicitation of voters.—
  599         (1) Each election board shall possess full authority to
  600  maintain order at the polls and enforce obedience to its lawful
  601  commands during an election and the canvass of the votes.
  602         (2) The sheriff shall deputize a deputy sheriff for each
  603  polling place and each early voting site who shall be present
  604  during the time the polls or early voting sites are open and
  605  until the election is completed, who shall be subject to all
  606  lawful commands of the clerk or inspectors, and who shall
  607  maintain good order. The deputy may summon assistance from among
  608  bystanders to aid him or her when necessary to maintain peace
  609  and order at the polls or early voting sites.
  610         (3)(a) No person may enter any polling room or polling
  611  place where the polling place is also a polling room, any
  612  polling room at a super voting site, or any early voting area
  613  during voting hours except the following:
  614         1. Official poll watchers;
  615         2. Inspectors;
  616         3. Election clerks;
  617         4. The supervisor of elections or his or her deputy;
  618         5. Persons there to vote, persons in the care of a voter,
  619  or persons caring for such voter;
  620         6. Law enforcement officers or emergency service personnel
  621  there with permission of the clerk or a majority of the
  622  inspectors; or
  623         7. A person, whether or not a registered voter, who is
  624  assisting with or participating in a simulated election for
  625  minors, as approved by the supervisor of elections.
  626         (b) The restriction in this subsection does not apply where
  627  the polling room is in an area commonly traversed by the public
  628  in order to gain access to businesses or homes or in an area
  629  traditionally utilized as a public area for discussion.
  630         (4)(a) No person, political committee, or other group or
  631  organization may solicit voters inside the polling place or
  632  within 150 feet of the entrance to any polling place, a polling
  633  room where the polling place is also a polling room, a super
  634  voting site, an early voting site, or an office of the
  635  supervisor where vote-by-mail ballots are requested and printed
  636  on demand for the convenience of electors who appear in person
  637  to request them. Before the opening of the polling place, super
  638  voting site, or early voting site, the clerk or supervisor shall
  639  designate the no-solicitation zone and mark the boundaries.
  640         (b) For the purpose of this subsection, the terms “solicit”
  641  or “solicitation” shall include, but not be limited to, seeking
  642  or attempting to seek any vote, fact, opinion, or contribution;
  643  distributing or attempting to distribute any political or
  644  campaign material, leaflet, or handout; conducting a poll except
  645  as specified in this paragraph; seeking or attempting to seek a
  646  signature on any petition; and selling or attempting to sell any
  647  item. The terms “solicit” or “solicitation” may not be construed
  648  to prohibit exit polling.
  649         (c) Each supervisor of elections shall inform the clerk of
  650  the area within which soliciting is unlawful, based on the
  651  particular characteristics of that polling place. The supervisor
  652  or the clerk may take any reasonable action necessary to ensure
  653  order at the polling places, including, but not limited to,
  654  having disruptive and unruly persons removed by law enforcement
  655  officers from the polling room or place or from the 150-foot
  656  zone surrounding the polling place.
  657         (d) Except as provided in paragraph (a), the supervisor may
  658  not designate a no-solicitation zone or otherwise restrict
  659  access to any person, political committee, candidate, or other
  660  group or organization for the purposes of soliciting voters.
  661  This paragraph applies to any public or private property used as
  662  a polling place, a super voting site, or an early voting site.
  663         (e) The owner, operator, or lessee of the property on which
  664  a polling place, a super voting site, or an early voting site is
  665  located, or an agent or employee thereof, may not prohibit the
  666  solicitation of voters outside of the no-solicitation zone
  667  during polling hours.
  668         (5) No photography is permitted in the polling room, or
  669  early voting area, or polling room or voting area at a super
  670  voting site, except an elector may photograph his or her own
  671  ballot.
  672         Section 17. Subsection (4) of section 102.141, Florida
  673  Statutes, is amended to read:
  674         102.141 County canvassing board; duties.—
  675         (4)(a) Except as provided under paragraph (b), the
  676  supervisor of elections shall upload into the county’s election
  677  management system by 7 p.m. on the day before the election the
  678  results of all early voting and vote-by-mail ballots that have
  679  been canvassed and tabulated by the end of the early voting
  680  period. Pursuant to ss. 101.5614(8), 101.657, and 101.68(2), the
  681  tabulation of votes cast or the results of such uploads may not
  682  be made public before the close of the polls on election day.
  683         (b) If in a county opting to use super voting site voting
  684  pursuant to s. 101.0011, the supervisor of elections shall
  685  upload into the county’s election management system after the
  686  polls close on election day the results of all super voting site
  687  and vote-by-mail ballots that have been canvassed and tabulated
  688  by the 3rd day before the election. Pursuant to ss.
  689  101.0011(1)(b), 101.5614(8), and 101.68(2), the tabulation of
  690  votes cast or the results of such uploads may not be made public
  691  before the close of the polls on election day.
  692         (c) The canvassing board shall report all early voting and
  693  all tabulated vote-by-mail results to the Department of State
  694  within 30 minutes after the polls close. Thereafter, the
  695  canvassing board shall report, with the exception of provisional
  696  ballot results, updated precinct election results or super
  697  voting site election results, if applicable, to the department
  698  at least every 45 minutes until all results are completely
  699  reported. The supervisor of elections shall notify the
  700  department immediately of any circumstances that do not permit
  701  periodic updates as required. Results shall be submitted in a
  702  format prescribed by the department.
  703         Section 18. This act shall take effect July 1, 2020.