Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 90
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Rules (Thurston) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 20.10, Florida
    6  Statutes, is amended to read:
    7         20.10 Department of State.—There is created a Department of
    8  State.
    9         (1) The head of the Department of State is the Secretary of
   10  State. The Secretary of State shall be elected at the statewide
   11  general election at which the Governor, Lieutenant Governor, and
   12  Cabinet officers are elected as provided in s. 5, Art. IV of the
   13  State Constitution, for a term of 4 years beginning on the first
   14  Tuesday after the first Monday in January of the year following
   15  such election appointed by the Governor, subject to confirmation
   16  by the Senate, and shall serve at the pleasure of the Governor.
   17  The Secretary of State shall perform the functions conferred by
   18  the State Constitution upon the custodian of state records.
   19         Section 2. Subsection (6) of section 97.052, Florida
   20  Statutes, is amended to read:
   21         97.052 Uniform statewide voter registration application.—
   22         (6) If a voter registration applicant fails to provide any
   23  of the required information on the voter registration
   24  application form, the supervisor shall notify the applicant of
   25  the failure by mail within 5 business days after the supervisor
   26  has the information available in the voter registration system.
   27  The applicant shall have an opportunity to complete the
   28  application form to vote in the next election up until the book
   29  closing for that next election.
   30         Section 3. Subsections (2) and (4), paragraph (b) of
   31  subsection (5), and subsection (6) of section 97.053, Florida
   32  Statutes, are amended to read:
   33         97.053 Acceptance of voter registration applications.—
   34         (2) A voter registration application is complete and
   35  becomes the official voter registration record of that applicant
   36  when all information necessary to establish the applicant’s
   37  eligibility pursuant to s. 97.041 is received by a voter
   38  registration official and verified pursuant to subsection (6).
   39  If the applicant fails to complete his or her voter registration
   40  application prior to the date of book closing for an election,
   41  then such applicant shall not be eligible to vote in that
   42  election.
   43         (4) The registration date for a valid initial voter
   44  registration application that has been mailed to a driver
   45  license office, a voter registration agency, an armed forces
   46  recruitment office, the division, or the office of any
   47  supervisor in the state and bears a clear postmark is the date
   48  of that postmark. If an initial voter registration application
   49  that has been mailed does not bear a postmark or if the postmark
   50  is unclear, the registration date is the date the application is
   51  received by any supervisor or the division, unless it is
   52  received within 5 days after the closing of the books for an
   53  election, excluding Saturdays, Sundays, and legal holidays, in
   54  which case the registration date is the book-closing date.
   55         (5)
   56         (b) An applicant who fails to designate party affiliation
   57  or affirmatively select no party affiliation may not must be
   58  registered without party affiliation. The supervisor must notify
   59  the voter by mail that the voter has not been registered without
   60  party affiliation and that the voter must complete a new
   61  registration application and designate a party affiliation or
   62  affirmatively select no party affiliation. The voter
   63  registration application must clearly denote this requirement
   64  may change party affiliation as provided in s. 97.1031.
   65         (6) A voter registration application may be accepted as
   66  valid only after the department has verified the authenticity or
   67  nonexistence of the driver license number, the Florida
   68  identification card number, or the last four digits of the
   69  social security number provided by the applicant. If a completed
   70  voter registration application has been received by the book
   71  closing deadline but the driver license number, the Florida
   72  identification card number, or the last four digits of the
   73  social security number provided by the applicant cannot be
   74  verified, the applicant shall be notified that the number cannot
   75  be verified and that the applicant must provide evidence to the
   76  supervisor sufficient to verify the authenticity of the
   77  applicant’s driver license number, Florida identification card
   78  number, or last four digits of the social security number. If
   79  the applicant provides the necessary evidence, the supervisor
   80  shall place the applicant’s name on the registration rolls as an
   81  active voter. If the applicant has not provided the necessary
   82  evidence or the number has not otherwise been verified prior to
   83  the applicant presenting himself or herself to vote, the
   84  applicant shall be provided a provisional ballot. The
   85  provisional ballot shall be counted only if the number is
   86  verified by the end of the canvassing period or if the applicant
   87  presents evidence to the supervisor of elections sufficient to
   88  verify the authenticity of the applicant’s driver license
   89  number, Florida identification card number, or last four digits
   90  of the social security number within a reasonable amount of time
   91  after no later than 5 p.m. of the second day following the
   92  election.
   93         Section 4. Sections 97.055 and 97.0555, Florida Statutes,
   94  are repealed.
   95         Section 5. Section 97.0556, Florida Statutes, is created to
   96  read:
   97         97.0556Same-day voter registration.—A person who meets the
   98  qualifications to register to vote in s. 97.041 and provides the
   99  information required for the uniform statewide voter
  100  registration application prescribed in s. 97.052 may register to
  101  vote and cast a ballot on election day or at an early voting
  102  site.
  103         Section 6. Subsection (1) of section 97.057, Florida
  104  Statutes, is amended to read:
  105         97.057 Voter registration by the Department of Highway
  106  Safety and Motor Vehicles.—
  107         (1) The Department of Highway Safety and Motor Vehicles
  108  shall provide the opportunity to preregister to vote, register
  109  to vote, or to update a voter registration record to each
  110  individual who comes to an office of that department to:
  111         (a) Apply for or renew a driver license;
  112         (b) Apply for or renew an identification card pursuant to
  113  chapter 322; or
  114         (c) Change an address on an existing driver license or
  115  identification card.
  116         Section 7. Paragraph (a) of subsection (3) of section
  117  97.0575, Florida Statutes, is amended to read:
  118         97.0575 Third-party voter registrations.—
  119         (3)(a) A third-party voter registration organization that
  120  collects voter registration applications serves as a fiduciary
  121  to the applicant, ensuring that any voter registration
  122  application entrusted to the organization, irrespective of party
  123  affiliation, race, ethnicity, or gender, shall be promptly
  124  delivered to the division or the supervisor of elections within
  125  48 hours after the applicant completes it or the next business
  126  day if the appropriate office is closed for that 48-hour period.
  127  If a voter registration application collected by any third-party
  128  voter registration organization is not promptly delivered to the
  129  division or supervisor of elections, the third-party voter
  130  registration organization is liable for the following fines:
  131         1. A fine in the amount of $50 for each application
  132  received by the division or the supervisor of elections more
  133  than 48 hours after the applicant delivered the completed voter
  134  registration application to the third-party voter registration
  135  organization or any person, entity, or agent acting on its
  136  behalf or the next business day, if the office is closed. A fine
  137  in the amount of $250 for each application received if the
  138  third-party voter registration organization or person, entity,
  139  or agency acting on its behalf acted willfully.
  140         2. A fine in the amount of $100 for each application
  141  collected by a third-party voter registration organization or
  142  any person, entity, or agent acting on its behalf, before book
  143  closing for any given election for federal or state office and
  144  received by the division or the supervisor of elections after
  145  the book-closing deadline for such election. A fine in the
  146  amount of $500 for each application received if the third-party
  147  registration organization or person, entity, or agency acting on
  148  its behalf acted willfully.
  149         3. A fine in the amount of $500 for each application
  150  collected by a third-party voter registration organization or
  151  any person, entity, or agent acting on its behalf, which is not
  152  submitted to the division or supervisor of elections. A fine in
  153  the amount of $1,000 for any application not submitted if the
  154  third-party voter registration organization or person, entity,
  155  or agency acting on its behalf acted willfully.
  156  
  157  The aggregate fine pursuant to this paragraph which may be
  158  assessed against a third-party voter registration organization,
  159  including affiliate organizations, for violations committed in a
  160  calendar year is $1,000.
  161         Section 8. Paragraph (c) of subsection (4) of section
  162  98.065, Florida Statutes, is amended to read:
  163         98.065 Registration list maintenance programs.—
  164         (4)
  165         (c) The supervisor must designate as inactive all voters
  166  who have not voted in at least one of the last two general
  167  elections, who have been sent an address confirmation final
  168  notice, and who have not returned the postage prepaid,
  169  preaddressed return form within 30 days or for which the final
  170  notice has been returned as undeliverable. Names on the inactive
  171  list may not be used to calculate the number of signatures
  172  needed on any petition. A voter on the inactive list may be
  173  restored to the active list of voters upon the voter updating
  174  his or her registration, requesting a vote-by-mail ballot, or
  175  appearing to vote. However, if the voter does not update his or
  176  her voter registration information, request a vote-by-mail
  177  ballot, or vote by the second general election after being
  178  placed on the inactive list, the voter’s name shall be removed
  179  from the statewide voter registration system and the voter shall
  180  be required to reregister to have his or her name restored to
  181  the statewide voter registration system.
  182         Section 9. Paragraph (d) of subsection (1) and subsection
  183  (3) of section 98.0981, Florida Statutes, are amended to read:
  184         98.0981 Reports; voting history; statewide voter
  185  registration system information; precinct-level election
  186  results; preelection book closing statistics.—
  187         (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
  188  INFORMATION.—
  189         (d) File specifications are as follows:
  190         1. The file shall contain records designated by the
  191  categories below for all qualified voters who, regardless of the
  192  voter’s county of residence or active or inactive registration
  193  status on election day at the book closing for the corresponding
  194  election that the file is being created for:
  195         a. Voted a regular ballot at a precinct location.
  196         b. Voted at a precinct location using a provisional ballot
  197  that was subsequently counted.
  198         c. Voted a regular ballot during the early voting period.
  199         d. Voted during the early voting period using a provisional
  200  ballot that was subsequently counted.
  201         e. Voted by vote-by-mail ballot.
  202         f. Attempted to vote by vote-by-mail ballot, but the ballot
  203  was not counted.
  204         g. Attempted to vote by provisional ballot, but the ballot
  205  was not counted in that election.
  206         2. Each file shall be created or converted into a tab
  207  delimited format.
  208         3. File names shall adhere to the following convention:
  209         a. Three-character county identifier as established by the
  210  department followed by an underscore.
  211         b. Followed by four-character file type identifier of
  212  “VHO3” followed by an underscore.
  213         c. Followed by FVRS election ID followed by an underscore.
  214         d. Followed by Date Created followed by an underscore.
  215         e. Date format is YYYYMMDD.
  216         f. Followed by Time Created - HHMMSS.
  217         g. Followed by “.txt”.
  218         4. Each record shall contain the following columns: Record
  219  Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
  220  Date, Vote History Code, Precinct, Congressional District, House
  221  District, Senate District, County Commission District, and
  222  School Board District.
  223         (3) PRECINCT-LEVEL PREELECTION BOOK CLOSING STATISTICS.
  224  After the 29th day before the date of an election the date of
  225  book closing but before the date of an election as defined in s.
  226  97.021 to fill a national, state, county, or district office, or
  227  to vote on a proposed constitutional amendment, the department
  228  shall compile the following precinct-level statistical data for
  229  each county:
  230         (a) Precinct numbers.
  231         (b) Total number of active registered voters by party for
  232  each precinct.
  233         Section 10. Paragraph (a) of subsection (7) of section
  234  99.061, Florida Statutes, is amended to read:
  235         99.061 Method of qualifying for nomination or election to
  236  federal, state, county, or district office.—
  237         (7)(a) In order for a candidate to be qualified, the
  238  following items must be received by the filing officer by the
  239  end of the qualifying period:
  240         1. A cashier’s check purchased with funds of the campaign
  241  account or a properly executed check drawn upon the candidate’s
  242  campaign account payable to the person or entity as prescribed
  243  by the filing officer in an amount not less than the fee
  244  required by s. 99.092, unless the candidate obtained the
  245  required number of signatures on petitions pursuant to s.
  246  99.095. The filing fee for a special district candidate is not
  247  required to be drawn upon the candidate’s campaign account. If a
  248  candidate’s check is returned by the bank for any reason, the
  249  filing officer shall immediately notify the candidate and the
  250  candidate shall have until the end of qualifying to pay the fee
  251  with a cashier’s check purchased from funds of the campaign
  252  account. Failure to pay the fee as provided in this subparagraph
  253  shall disqualify the candidate.
  254         2. The candidate’s oath required by s. 99.021, which must
  255  contain the name of the candidate as it is to appear on the
  256  ballot; the office sought, including the district or group
  257  number if applicable; and the signature of the candidate, which
  258  must be verified under oath or affirmation pursuant to s.
  259  92.525(1)(a).
  260         3. If the office sought is partisan, the written statement
  261  of political party affiliation required by s. 99.021(1)(b).
  262         4. The completed form for the appointment of campaign
  263  treasurer and designation of campaign depository, as required by
  264  s. 106.021.
  265         5. The full and public disclosure or statement of financial
  266  interests required by subsection (5). A public officer who has
  267  filed the full and public disclosure or statement of financial
  268  interests with the Commission on Ethics or the supervisor before
  269  of elections prior to qualifying for office may file a copy of
  270  that disclosure at the time of qualifying.
  271         Section 11. Subsection (7) and paragraph (a) of subsection
  272  (11) of section 100.371, Florida Statutes, are amended to read:
  273         100.371 Initiatives; procedure for placement on ballot.—
  274         (7)(a) A sponsor that collects petition forms or uses a
  275  petition circulator to collect petition forms serves as a
  276  fiduciary to the elector signing the petition form, ensuring
  277  that any petition form entrusted to the petition circulator
  278  shall be promptly delivered to the supervisor of elections
  279  within 30 days after the elector signs the form.
  280         (a) If a petition form collected by any petition circulator
  281  is not promptly delivered to the supervisor of elections, the
  282  sponsor is liable for the following fines:
  283         1. A fine in the amount of $50 for each petition form
  284  received by the supervisor of elections more than 30 days after
  285  the elector signed the petition form or the next business day,
  286  if the office is closed. A fine in the amount of $250 for each
  287  petition form received if the sponsor or petition circulator
  288  acted willfully.
  289         2. A fine in the amount of $500 for each petition form
  290  collected by a petition circulator which is not submitted to the
  291  supervisor of elections. A fine in the amount of $1,000 for any
  292  petition form not submitted if the sponsor or petition
  293  circulator acted willfully.
  294         (b) A showing by the sponsor that the failure to deliver
  295  the petition form within the required timeframe is based upon
  296  force majeure or impossibility of performance is an affirmative
  297  defense to a violation of this subsection. The fines described
  298  in this subsection may be waived upon a showing that the failure
  299  to deliver the petition form promptly is based upon force
  300  majeure or impossibility of performance.
  301         (c)A sponsor shall deliver petition forms, which must be
  302  grouped in batches by the petition circulator who collected
  303  them, to the supervisor.
  304         (11)(a) An initiative petition form circulated for
  305  signature may not be bundled with or attached to any other
  306  petition. Each signature shall be dated when made and shall be
  307  valid until the next February 1 occurring in an even-numbered
  308  year for the purpose of the amendment appearing on the ballot
  309  for the general election occurring in that same year, provided
  310  all other requirements of law are met. The sponsor shall submit
  311  signed and dated forms to the supervisor of elections for the
  312  county of residence listed by the person signing the form for
  313  verification of the number of valid signatures obtained. If a
  314  signature on a petition is from a registered voter in another
  315  county, the supervisor shall notify the petition sponsor of the
  316  misfiled petition. The supervisor shall promptly verify the
  317  signatures within 60 days after receipt of the petition forms
  318  and payment of a fee for the actual cost of signature
  319  verification incurred by the supervisor. However, for petition
  320  forms submitted less than 60 days before February 1 of an even
  321  numbered year, the supervisor shall promptly verify the
  322  signatures within 30 days after receipt of the form and payment
  323  of the fee for signature verification. The supervisor shall
  324  promptly record, in the manner prescribed by the Secretary of
  325  State, the date each form is received by the supervisor, and the
  326  date the signature on the form is verified as valid. The
  327  supervisor may verify that the signature on a form is valid only
  328  if:
  329         1. The form contains the original signature of the
  330  purported elector. A digital signature of the purported elector
  331  which complies with the requirements of part I of chapter 668 is
  332  considered an original signature for purposes of this
  333  requirement.
  334         2. The purported elector has accurately recorded on the
  335  form the date on which he or she signed the form.
  336         3. The form sets forth the purported elector’s name,
  337  address, city, county, and voter registration number or date of
  338  birth.
  339         4. The purported elector is, at the time he or she signs
  340  the form and at the time the form is verified, a duly qualified
  341  and registered elector in the state.
  342         5. The signature was obtained legally, including that if a
  343  paid petition circulator was used, the circulator was validly
  344  registered under subsection (3) when the signature was obtained.
  345  
  346  The supervisor shall retain the signature forms for at least 1
  347  year following the election in which the issue appeared on the
  348  ballot or until the division notifies the supervisors of
  349  elections that the committee that circulated the petition is no
  350  longer seeking to obtain ballot position.
  351         Section 12. Section 100.51, Florida Statutes, is created to
  352  read:
  353         100.51General Election Day paid holiday.—In order to
  354  encourage civic participation, enable more individuals to serve
  355  as poll workers, and provide additional time for the resolution
  356  of any issues that arise while an elector is casting his or her
  357  vote, General Election Day is a paid holiday. An elector is
  358  entitled to absent himself or herself from any service or
  359  employment in which he or she is engaged or employed during the
  360  time the polls are open on General Election Day. An elector who
  361  absents himself or herself under this section may not be
  362  penalized in any way and a deduction may not be made from his or
  363  her usual salary or wages on account of his or her absence.
  364         Section 13. Section 101.016, Florida Statutes, is created
  365  to read:
  366         101.016Strategic elections equipment reserve.—The Division
  367  of Elections shall maintain a strategic elections equipment
  368  reserve of voting systems that may be deployed in the event of
  369  an emergency as defined in s. 101.732 or upon the occurrence of
  370  equipment capacity issues due to unexpected voter turnout. The
  371  reserve shall include tabulation equipment and any other
  372  necessary equipment, such as printers, that are in use by each
  373  supervisor of elections. In lieu of maintaining a physical
  374  reserve of such equipment, the division may contract with a
  375  vendor of voting equipment that shall provide such equipment on
  376  an as-needed basis.
  377         Section 14. Subsections (1) and (2) of section 101.048,
  378  Florida Statutes, are amended to read:
  379         101.048 Provisional ballots.—
  380         (1) At all elections, a voter claiming to be properly
  381  registered in the state and eligible to vote at the precinct in
  382  the election but whose eligibility cannot be determined, a
  383  person whom an election official asserts is not eligible, and
  384  other persons specified in the code shall be entitled to vote a
  385  provisional ballot in the county in which the voter claims to be
  386  registered. Once voted, the provisional ballot shall be placed
  387  in a secrecy envelope and thereafter sealed in a provisional
  388  ballot envelope. The provisional ballot shall be deposited in a
  389  ballot box. All provisional ballots shall remain sealed in their
  390  envelopes for return to the supervisor of elections. The
  391  department shall prescribe the form of the provisional ballot
  392  envelope. A person casting a provisional ballot shall have the
  393  right to present written evidence supporting his or her
  394  eligibility to vote to the supervisor of elections by not later
  395  than 5 p.m. on the second day following the election.
  396         (2)(a) The county canvassing board shall examine each
  397  Provisional Ballot Voter’s Certificate and Affirmation to
  398  determine if the person voting that ballot was entitled to vote
  399  in the county in which at the precinct where the person cast a
  400  vote in the election and that the person had not already cast a
  401  ballot in the election. In determining whether a person casting
  402  a provisional ballot is entitled to vote, the county canvassing
  403  board shall review the information provided in the Voter’s
  404  Certificate and Affirmation, written evidence provided by the
  405  person pursuant to subsection (1), information provided in any
  406  cure affidavit and accompanying supporting documentation
  407  pursuant to subsection (6), any other evidence presented by the
  408  supervisor, and, in the case of a challenge, any evidence
  409  presented by the challenger. A ballot of a person casting a
  410  provisional ballot shall be canvassed pursuant to paragraph (b)
  411  unless the canvassing board determines by a preponderance of the
  412  evidence that the person was not entitled to vote.
  413         (b) If it is determined that the person was registered and
  414  entitled to vote in the county in which at the precinct where
  415  the person cast a vote in the election, the canvassing board
  416  must compare the signature on the Provisional Ballot Voter’s
  417  Certificate and Affirmation or the provisional ballot cure
  418  affidavit with the signature on the voter’s registration or
  419  precinct register. A provisional ballot may be counted only if:
  420         1. The signature on the voter’s certificate or the cure
  421  affidavit matches the elector’s signature in the registration
  422  books or the precinct register; however, in the case of a cure
  423  affidavit, the supporting identification listed in subsection
  424  (6) must also confirm the identity of the elector; or
  425         2. The cure affidavit contains a signature that does not
  426  match the elector’s signature in the registration books or the
  427  precinct register, but the elector has submitted a current and
  428  valid Tier 1 form of identification confirming his or her
  429  identity pursuant to subsection (6).
  430  
  431  For purposes of this paragraph, any canvassing board finding
  432  that signatures do not match must be by majority vote and beyond
  433  a reasonable doubt.
  434         (c) Any provisional ballot not counted must remain in the
  435  envelope containing the Provisional Ballot Voter’s Certificate
  436  and Affirmation and the envelope shall be marked “Rejected as
  437  Illegal.”
  438         (d) If a provisional ballot is validated following the
  439  submission of a cure affidavit, the supervisor must make a copy
  440  of the affidavit, affix it to a voter registration application,
  441  and immediately process it as a valid request for a signature
  442  update pursuant to s. 98.077.
  443         Section 15. Paragraph (a) of subsection (2) and paragraph
  444  (a) of subsection (3) of section 101.151, Florida Statutes, are
  445  amended to read:
  446         101.151 Specifications for ballots.—
  447         (2)(a) The ballot must include the following office titles
  448  above the names of the candidates for the respective offices in
  449  the following order:
  450         1. The office titles of President and Vice President above
  451  the names of the candidates for President and Vice President of
  452  the United States nominated by the political party that received
  453  the highest vote for Governor in the last general election of
  454  the Governor in this state, followed by the names of other
  455  candidates for President and Vice President of the United States
  456  who have been properly nominated.
  457         2. The office titles of United States Senator and
  458  Representative in Congress.
  459         3. The office titles of Governor and Lieutenant Governor;
  460  Attorney General; Chief Financial Officer; Commissioner of
  461  Agriculture; Secretary of State; State Attorney, with the
  462  applicable judicial circuit; and Public Defender, with the
  463  applicable judicial circuit.
  464         4. The office titles of State Senator and State
  465  Representative, with the applicable district for the office
  466  printed beneath.
  467         5. The office titles of Clerk of the Circuit Court or, when
  468  the Clerk of the Circuit Court also serves as the County
  469  Comptroller, Clerk of the Circuit Court and Comptroller, when
  470  authorized by law; Clerk of the County Court, when authorized by
  471  law; Sheriff; Property Appraiser; Tax Collector; District
  472  Superintendent of Schools; and Supervisor of Elections.
  473         6. The office titles of Board of County Commissioners, with
  474  the applicable district printed beneath each office, and such
  475  other county and district offices as are involved in the
  476  election, in the order fixed by the Department of State,
  477  followed, in the year of their election, by “Party Offices,” and
  478  thereunder the offices of state and county party executive
  479  committee members.
  480         (3)(a) The names of the candidates of each the party that
  481  received the highest number of votes for Governor in the last
  482  election in which a Governor was elected shall be ordered
  483  randomly placed first for each office on the general election
  484  ballot, together with an appropriate abbreviation of the party
  485  name; the names of the candidates of the party that received the
  486  second highest vote for Governor shall be placed second for each
  487  office, together with an appropriate abbreviation of the party
  488  name.
  489         Section 16. Subsection (6) is added to section 101.5612,
  490  Florida Statutes, to read:
  491         101.5612 Testing of tabulating equipment.—
  492         (6)A supervisor of elections shall annually file with the
  493  Secretary of State a detailed plan for operations in the event
  494  that maximum voter turnout occurs on election day and a recount
  495  is required in each race on a ballot.
  496         Section 17. Paragraph (a) of subsection (1), subsection
  497  (2), and paragraph (c) of subsection (4) of section 101.62,
  498  Florida Statutes, are amended, and subsection (7) is added to
  499  that section, to read:
  500         101.62 Request for vote-by-mail ballots.—
  501         (1)(a) The supervisor shall accept a request for a vote-by
  502  mail ballot from an elector in person or in writing. One request
  503  shall be deemed sufficient to receive a vote-by-mail ballot for
  504  all elections until the elector or the elector’s designee
  505  notifies the supervisor that the elector cancels such request
  506  through the end of the calendar year of the second ensuing
  507  regularly scheduled general election, unless the elector or the
  508  elector’s designee indicates at the time the request is made the
  509  elections for which the elector desires to receive a vote-by
  510  mail ballot. Such request may be considered canceled when any
  511  first-class mail sent by the supervisor to the elector is
  512  returned as undeliverable.
  513         (2) A request for a vote-by-mail ballot to be mailed to a
  514  voter must be received no later than 5 p.m. on the 11th 10th day
  515  before the election by the supervisor. The supervisor shall mail
  516  vote-by-mail ballots to voters requesting ballots by such
  517  deadline no later than 8 days before the election.
  518         (4)
  519         (c) The supervisor shall provide a vote-by-mail ballot to
  520  each elector by whom a request for that ballot has been made by
  521  one of the following means:
  522         1. By nonforwardable, return-if-undeliverable mail to the
  523  elector’s current mailing address on file with the supervisor or
  524  any other address the elector specifies in the request.
  525         2. By forwardable mail, e-mail, or facsimile machine
  526  transmission to absent uniformed services voters and overseas
  527  voters. The absent uniformed services voter or overseas voter
  528  may designate in the vote-by-mail ballot request the preferred
  529  method of transmission. If the voter does not designate the
  530  method of transmission, the vote-by-mail ballot shall be mailed.
  531         3. By personal delivery before 7 p.m. on election day to
  532  the elector, upon presentation of the identification required in
  533  s. 101.043.
  534         4. By delivery to a designee on election day or up to 11 9
  535  days prior to the day of an election. Any elector may designate
  536  in writing a person to pick up the ballot for the elector;
  537  however, the person designated may not pick up more than two
  538  vote-by-mail ballots per election, other than the designee’s own
  539  ballot, except that additional ballots may be picked up for
  540  members of the designee’s immediate family. For purposes of this
  541  section, “immediate family” means the designee’s spouse or the
  542  parent, child, grandparent, or sibling of the designee or of the
  543  designee’s spouse. The designee shall provide to the supervisor
  544  the written authorization by the elector and a picture
  545  identification of the designee and must complete an affidavit.
  546  The designee shall state in the affidavit that the designee is
  547  authorized by the elector to pick up that ballot and shall
  548  indicate if the elector is a member of the designee’s immediate
  549  family and, if so, the relationship. The department shall
  550  prescribe the form of the affidavit. If the supervisor is
  551  satisfied that the designee is authorized to pick up the ballot
  552  and that the signature of the elector on the written
  553  authorization matches the signature of the elector on file, the
  554  supervisor shall give the ballot to that designee for delivery
  555  to the elector.
  556         5. Except as provided in s. 101.655, the supervisor may not
  557  deliver a vote-by-mail ballot to an elector or an elector’s
  558  immediate family member on the day of the election unless there
  559  is an emergency, to the extent that the elector will be unable
  560  to go to his or her assigned polling place. If a vote-by-mail
  561  ballot is delivered, the elector or his or her designee shall
  562  execute an affidavit affirming to the facts which allow for
  563  delivery of the vote-by-mail ballot. The department shall adopt
  564  a rule providing for the form of the affidavit.
  565         (7)If a deadline imposed under this section falls on a day
  566  when the office of the supervisor is usually closed, the
  567  deadline shall be extended until the next business day.
  568         Section 18. Subsections (1) and (2) of section 101.64,
  569  Florida Statutes, are amended to read:
  570         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  571         (1) The supervisor shall enclose with each vote-by-mail
  572  ballot two envelopes: a secrecy envelope, into which the absent
  573  elector shall enclose his or her marked ballot; and a postage
  574  paid mailing envelope, into which the absent elector shall then
  575  place the secrecy envelope, which shall be addressed to the
  576  supervisor and also bear on the back side a certificate in
  577  substantially the following form:
  578  
  579           Note: Please Read Instructions Carefully Before         
  580         Marking Ballot and Completing Voter’s Certificate.        
  581  
  582                         VOTER’S CERTIFICATE                       
  583  
  584         I, ...., do solemnly swear or affirm that I am a qualified
  585  and registered voter of .... County, Florida, and that I have
  586  not and will not vote more than one ballot in this election. I
  587  understand that if I commit or attempt to commit any fraud in
  588  connection with voting, vote a fraudulent ballot, or vote more
  589  than once in an election, I can be convicted of a felony of the
  590  third degree and fined up to $5,000 and/or imprisoned for up to
  591  5 years. I also understand that failure to sign this certificate
  592  will invalidate my ballot.
  593  ...(Date)...
  594  ...(Voter’s Signature or Last Four Digits of Social Security
  595  Number)...
  596  ...(E-Mail Address)...	...(Home Telephone Number)...
  597  ...(Mobile Telephone Number)...
  598         (2) The certificate shall be arranged on the back of the
  599  mailing envelope so that the line for the signature or the last
  600  four digits of the social security number of the absent elector
  601  is across the seal of the envelope; however, no statement shall
  602  appear on the envelope which indicates that a signature or the
  603  last four digits of the social security number of the voter must
  604  cross the seal of the envelope. The absent elector shall execute
  605  the certificate on the envelope.
  606         Section 19. Section 101.65, Florida Statutes, is amended to
  607  read:
  608         101.65 Instructions to absent electors.—The supervisor
  609  shall enclose with each vote-by-mail ballot separate printed
  610  instructions in substantially the following form; however, where
  611  the instructions appear in capitalized text, the text of the
  612  printed instructions must be in bold font:
  613                  READ THESE INSTRUCTIONS CAREFULLY                
  614                       BEFORE MARKING BALLOT.                      
  615         1. VERY IMPORTANT. In order to ensure that your vote-by
  616  mail ballot will be counted, it should be completed and returned
  617  as soon as possible so that it can reach the supervisor of
  618  elections of the county in which your precinct is located no
  619  later than 7 p.m. on the day of the election. However, if you
  620  are an overseas voter casting a ballot in a presidential
  621  preference primary or general election, your vote-by-mail ballot
  622  must be postmarked or dated no later than the date of the
  623  election and received by the supervisor of elections of the
  624  county in which you are registered to vote no later than 10 days
  625  after the date of the election. Note that the later you return
  626  your ballot, the less time you will have to cure any signature
  627  deficiencies, which may cause your ballot to not be counted is
  628  authorized until 5 p.m. on the 2nd day after the election.
  629         2. Mark your ballot in secret as instructed on the ballot.
  630  You must mark your own ballot unless you are unable to do so
  631  because of blindness, disability, or inability to read or write.
  632         3. Mark only the number of candidates or issue choices for
  633  a race as indicated on the ballot. If you are allowed to “Vote
  634  for One” candidate and you vote for more than one candidate,
  635  your vote in that race will not be counted.
  636         4. Place your marked ballot in the enclosed secrecy
  637  envelope.
  638         5. Insert the secrecy envelope into the enclosed mailing
  639  envelope which is addressed to the supervisor.
  640         6. Seal the mailing envelope and completely fill out the
  641  Voter’s Certificate on the back of the mailing envelope.
  642         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
  643  be counted, you must sign your name or print the last four
  644  digits of your social security number on the line above (Voter’s
  645  Signature or Last Four Digits of Social Security Number). A
  646  vote-by-mail ballot will be considered illegal and not be
  647  counted if the signature or the last four digits of the social
  648  security number on the voter’s certificate does not match the
  649  signature or social security number on record. The signature on
  650  file at the time the supervisor of elections in the county in
  651  which your precinct is located receives your vote-by-mail ballot
  652  is the signature that will be used to verify your signature on
  653  the voter’s certificate. If you need to update your signature
  654  for this election, send your signature update on a voter
  655  registration application to your supervisor of elections so that
  656  it is received before your vote-by-mail ballot is received.
  657         8. VERY IMPORTANT. If you are an overseas voter, you must
  658  include the date you signed the Voter’s Certificate or printed
  659  the last four digits of your social security number on the line
  660  above (Date) or your ballot may not be counted.
  661         9. Mail, deliver, or have delivered the completed mailing
  662  envelope. Be sure there is sufficient postage if mailed. THE
  663  COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
  664  SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
  665  LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX,
  666  AVAILABLE AT EACH EARLY VOTING LOCATION.
  667         10. FELONY NOTICE. It is a felony under Florida law to
  668  accept any gift, payment, or gratuity in exchange for your vote
  669  for a candidate. It is also a felony under Florida law to vote
  670  in an election using a false identity or false address, or under
  671  any other circumstances making your ballot false or fraudulent.
  672         Section 20. Subsection (1), paragraphs (a) and (c) of
  673  subsection (2), and paragraphs (a) through (d) of subsection (4)
  674  of section 101.68, Florida Statutes, are amended to read:
  675         101.68 Canvassing of vote-by-mail ballot.—
  676         (1) The supervisor of the county where the absent elector
  677  resides shall receive the voted ballot, at which time the
  678  supervisor shall compare the signature or partial social
  679  security number of the elector on the voter’s certificate with
  680  the signature or partial social security number of the elector
  681  in the registration books or the precinct register to determine
  682  whether the elector is duly registered in the county and may
  683  record on the elector’s registration certificate that the
  684  elector has voted. An elector who dies after casting a vote-by
  685  mail ballot but on or before election day shall remain listed in
  686  the registration books until the results have been certified for
  687  the election in which the ballot was cast. The supervisor shall
  688  safely keep the ballot unopened in his or her office until the
  689  county canvassing board canvasses the vote. Except as provided
  690  in subsection (4), after a vote-by-mail ballot is received by
  691  the supervisor, the ballot is deemed to have been cast, and
  692  changes or additions may not be made to the voter’s certificate.
  693         (2)(a) The county canvassing board may begin the canvassing
  694  of vote-by-mail ballots upon the completion of the public
  695  testing of automatic tabulating equipment pursuant to s.
  696  101.5612(2) at 7 a.m. on the 22nd day before the election, but
  697  must begin such canvassing by no not later than noon on the day
  698  following the election. In addition, for any county using
  699  electronic tabulating equipment, the processing of vote-by-mail
  700  ballots through such tabulating equipment may begin at 7 a.m. on
  701  the 22nd day before the election. However, notwithstanding any
  702  such authorization to begin canvassing or otherwise processing
  703  vote-by-mail ballots early, no result shall be released until
  704  after the closing of the polls in that county on election day.
  705  Any supervisor, deputy supervisor, canvassing board member,
  706  election board member, or election employee who releases the
  707  results of a canvassing or processing of vote-by-mail ballots
  708  prior to the closing of the polls in that county on election day
  709  commits a felony of the third degree, punishable as provided in
  710  s. 775.082, s. 775.083, or s. 775.084.
  711         (c)1. The canvassing board must, if the supervisor has not
  712  already done so, compare the signature or partial social
  713  security number of the elector on the voter’s certificate or on
  714  the vote-by-mail ballot cure affidavit as provided in subsection
  715  (4) with the signature or partial social security number of the
  716  elector in the registration books or the precinct register to
  717  see that the elector is duly registered in the county and to
  718  determine the legality of that vote-by-mail ballot. A vote-by
  719  mail ballot may only be counted if:
  720         a. The signature or partial social security number on the
  721  voter’s certificate or the cure affidavit matches the elector’s
  722  signature or partial social security number in the registration
  723  books or precinct register; however, in the case of a cure
  724  affidavit, the supporting identification listed in subsection
  725  (4) must also confirm the identity of the elector; or
  726         b. The cure affidavit contains a signature or partial
  727  social security number that does not match the elector’s
  728  signature or partial social security number in the registration
  729  books or precinct register, but the elector has submitted a
  730  current and valid Tier 1 identification pursuant to subsection
  731  (4) which confirms the identity of the elector.
  732  
  733  For purposes of this subparagraph, any canvassing board finding
  734  that an elector’s signatures or partial social security numbers
  735  do not match must be by majority vote and beyond a reasonable
  736  doubt.
  737         2. The ballot of an elector who casts a vote-by-mail ballot
  738  shall be counted even if the elector dies on or before election
  739  day, as long as, before the death of the voter, the ballot was
  740  postmarked by the United States Postal Service, date-stamped
  741  with a verifiable tracking number by a common carrier, or
  742  already in the possession of the supervisor.
  743         3. A vote-by-mail ballot is not considered illegal if the
  744  signature or partial social security number of the elector does
  745  not cross the seal of the mailing envelope.
  746         4. If any elector or candidate present believes that a
  747  vote-by-mail ballot is illegal due to a defect apparent on the
  748  voter’s certificate or the cure affidavit, he or she may, at any
  749  time before the ballot is removed from the envelope, file with
  750  the canvassing board a protest against the canvass of that
  751  ballot, specifying the precinct, the ballot, and the reason he
  752  or she believes the ballot to be illegal. A challenge based upon
  753  a defect in the voter’s certificate or cure affidavit may not be
  754  accepted after the ballot has been removed from the mailing
  755  envelope.
  756         5. If the canvassing board determines that a ballot is
  757  illegal, a member of the board must, without opening the
  758  envelope, mark across the face of the envelope: “rejected as
  759  illegal.” The cure affidavit, if applicable, the envelope, and
  760  the ballot therein shall be preserved in the manner that
  761  official ballots are preserved.
  762         (4)(a) As soon as practicable, the supervisor shall, on
  763  behalf of the county canvassing board, attempt to notify an
  764  elector who has returned a vote-by-mail ballot that does not
  765  include the elector’s signature or partial social security
  766  number or contains a signature or partial social security number
  767  that does not match the elector’s signature or partial social
  768  security number in the registration books or precinct register
  769  by:
  770         1. Notifying the elector of the signature or partial social
  771  security number deficiency by e-mail and directing the elector
  772  to the cure affidavit and instructions on the supervisor’s
  773  website;
  774         2. Notifying the elector of the signature or partial social
  775  security number deficiency by text message and directing the
  776  elector to the cure affidavit and instructions on the
  777  supervisor’s website; or
  778         3. Notifying the elector of the signature or partial social
  779  security number deficiency by telephone and directing the
  780  elector to the cure affidavit and instructions on the
  781  supervisor’s website.
  782  
  783  In addition to the notification required under subparagraph 1.,
  784  subparagraph 2., or subparagraph 3., the supervisor must notify
  785  the elector of the signature or partial social security number
  786  deficiency by first-class mail and direct the elector to the
  787  cure affidavit and instructions on the supervisor’s website.
  788  Beginning the day before the election, the supervisor is not
  789  required to provide notice of the signature deficiency by first
  790  class mail, but shall continue to provide notice as required
  791  under subparagraph 1., subparagraph 2., or subparagraph 3.
  792         (b) The supervisor shall allow a reasonable amount of time
  793  for such an elector to complete and submit an affidavit in order
  794  to cure the vote-by-mail ballot until 5 p.m. on the 2nd day
  795  after the election.
  796         (c) The elector must complete a cure affidavit in
  797  substantially the following form:
  798  
  799                 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT                
  800  
  801         I, ...., am a qualified voter in this election and
  802  registered voter of .... County, Florida. I do solemnly swear or
  803  affirm that I requested and returned the vote-by-mail ballot and
  804  that I have not and will not vote more than one ballot in this
  805  election. I understand that if I commit or attempt any fraud in
  806  connection with voting, vote a fraudulent ballot, or vote more
  807  than once in an election, I may be convicted of a felony of the
  808  third degree and fined up to $5,000 and imprisoned for up to 5
  809  years. I understand that my failure to sign this affidavit means
  810  that my vote-by-mail ballot will be invalidated.
  811  
  812  ...(Voter’s Signature or Last Four Digits of Social Security
  813  Number)...
  814  ...(Address)...
  815  
  816         (d) Instructions must accompany the cure affidavit in
  817  substantially the following form:
  818  
  819         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  820  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  821  BALLOT NOT TO COUNT.
  822  
  823         1. In order to ensure that your vote-by-mail ballot will be
  824  counted, your affidavit should be completed and returned as soon
  825  as possible so that it can reach the supervisor of elections of
  826  the county in which your precinct is located in a reasonable
  827  amount of time no later than 5 p.m. on the 2nd day after the
  828  election.
  829         2. You must sign your name or print the last four digits of
  830  your social security number on the line above (Voter’s Signature
  831  or Last Four Digits of Social Security Number).
  832         3. You must make a copy of one of the following forms of
  833  identification:
  834         a. Tier 1 identification.—Current and valid identification
  835  that includes your name and photograph: Florida driver license;
  836  Florida identification card issued by the Department of Highway
  837  Safety and Motor Vehicles; United States passport; debit or
  838  credit card; military identification; student identification;
  839  retirement center identification; neighborhood association
  840  identification; public assistance identification; veteran health
  841  identification card issued by the United States Department of
  842  Veterans Affairs; a Florida license to carry a concealed weapon
  843  or firearm; or an employee identification card issued by any
  844  branch, department, agency, or entity of the Federal Government,
  845  the state, a county, or a municipality; or
  846         b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
  847  FORM OF IDENTIFICATION, identification that shows your name and
  848  current residence address: current utility bill, bank statement,
  849  government check, paycheck, or government document (excluding
  850  voter information card).
  851         4. Place the envelope bearing the affidavit into a mailing
  852  envelope addressed to the supervisor. Insert a copy of your
  853  identification in the mailing envelope. Mail (if time permits),
  854  deliver, or have delivered the completed affidavit along with
  855  the copy of your identification to your county supervisor of
  856  elections. Be sure there is sufficient postage if mailed and
  857  that the supervisor’s address is correct. Remember, your
  858  information MUST reach your county supervisor of elections in a
  859  reasonable amount of time no later than 5 p.m. on the 2nd day
  860  after the election, or your ballot will not count.
  861         5. Alternatively, you may fax or e-mail your completed
  862  affidavit and a copy of your identification to the supervisor of
  863  elections. If e-mailing, please provide these documents as
  864  attachments.
  865         Section 21. Section 101.6952, Florida Statutes, is amended
  866  to read:
  867         101.6952 Vote-by-mail ballots for absent uniformed services
  868  and overseas voters.—
  869         (1) If an absent uniformed services voter’s or an overseas
  870  voter’s request for an official vote-by-mail ballot pursuant to
  871  s. 101.62 includes an e-mail address, the supervisor of
  872  elections shall:
  873         (a) Record the voter’s e-mail address in the vote-by-mail
  874  ballot record;
  875         (b) Confirm by e-mail that the vote-by-mail ballot request
  876  was received and include in that e-mail the estimated date the
  877  vote-by-mail ballot will be sent to the voter; and
  878         (c) Notify the voter by e-mail when the voted vote-by-mail
  879  ballot is received by the supervisor of elections.
  880         (2)(a) An absent uniformed services voter or an overseas
  881  voter who makes timely application for but does not receive an
  882  official vote-by-mail ballot may use the federal write-in
  883  absentee ballot to vote in any federal, state, or local
  884  election.
  885         (b)1. In an election for federal office, an elector may
  886  designate a candidate by writing the name of a candidate on the
  887  ballot. Except for a primary or special primary election, the
  888  elector may alternatively designate a candidate by writing the
  889  name of a political party on the ballot. A written designation
  890  of the political party shall be counted as a vote for the
  891  candidate of that party if there is such a party candidate in
  892  the race.
  893         2. In a state or local election, an elector may vote in the
  894  section of the federal write-in absentee ballot designated for
  895  nonfederal races by writing on the ballot the title of each
  896  office and by writing on the ballot the name of the candidate
  897  for whom the elector is voting. Except for a primary, special
  898  primary, or nonpartisan election, the elector may alternatively
  899  designate a candidate by writing the name of a political party
  900  on the ballot. A written designation of the political party
  901  shall be counted as a vote for the candidate of that party if
  902  there is such a party candidate in the race. In addition, the
  903  elector may vote on any ballot measure presented in such
  904  election by identifying the ballot measure on which he or she
  905  desires to vote and specifying his or her vote on the measure.
  906  For purposes of this section, a vote cast in a judicial merit
  907  retention election shall be treated in the same manner as a
  908  ballot measure in which the only allowable responses are “Yes”
  909  or “No.”
  910         (c) In the case of a joint candidacy, such as for the
  911  offices of President/Vice President or Governor/Lieutenant
  912  Governor, a valid vote for one or both qualified candidates on
  913  the same ticket shall constitute a vote for the joint candidacy.
  914         (d) For purposes of this subsection and except when the
  915  context clearly indicates otherwise, such as when a candidate in
  916  the election is affiliated with a political party whose name
  917  includes the word “Independent,” “Independence,” or a similar
  918  term, a voter designation of “No Party Affiliation” or
  919  “Independent,” or any minor variation, misspelling, or
  920  abbreviation thereof, shall be considered a designation for the
  921  candidate, other than a write-in candidate, who qualified to run
  922  in the race with no party affiliation. If more than one
  923  candidate qualifies to run as a candidate with no party
  924  affiliation, the designation may not count for any candidate
  925  unless there is a valid, additional designation of the
  926  candidate’s name.
  927         (e) Any abbreviation, misspelling, or other minor variation
  928  in the form of the name of an office, the name of a candidate,
  929  the ballot measure, or the name of a political party must be
  930  disregarded in determining the validity of the ballot.
  931         (3)(a) An absent uniformed services voter or an overseas
  932  voter who submits a federal write-in absentee ballot and later
  933  receives an official vote-by-mail ballot may submit the official
  934  vote-by-mail ballot. An elector who submits a federal write-in
  935  absentee ballot and later receives and submits an official vote
  936  by-mail ballot should make every reasonable effort to inform the
  937  appropriate supervisor of elections that the elector has
  938  submitted more than one ballot.
  939         (b) A federal write-in absentee ballot may not be canvassed
  940  until 7 p.m. on the day of the election. A federal write-in
  941  absentee ballot from an absent overseas voter in a presidential
  942  preference primary or general election may not be canvassed
  943  until the conclusion of the 10-day period specified in
  944  subsection (5). Each federal write-in absentee ballot received
  945  by 7 p.m. on the day of the election shall be canvassed pursuant
  946  to ss. 101.5614(4) and 101.68, unless the elector’s official
  947  vote-by-mail ballot is received by 7 p.m. on election day. Each
  948  federal write-in absentee ballot from an absent overseas voter
  949  in a presidential preference primary or general election
  950  received by 10 days after the date of the election shall be
  951  canvassed pursuant to ss. 101.5614(4) and 101.68, unless the
  952  absent overseas voter’s official vote-by-mail ballot is received
  953  by 10 days after the date of the election. If the elector’s
  954  official vote-by-mail ballot is received by 7 p.m. on election
  955  day, or, for an overseas voter in a presidential preference
  956  primary or general election, no later than 10 days after the
  957  date of the election, the federal write-in absentee ballot is
  958  invalid and the official vote-by-mail ballot shall be canvassed.
  959  The time shall be regulated by the customary time in standard
  960  use in the county seat of the locality.
  961         (4) For vote-by-mail ballots received from absent uniformed
  962  services voters or overseas voters, there is a presumption that
  963  the envelope was mailed on the date stated on the outside of the
  964  return envelope, regardless of the absence of a postmark on the
  965  mailed envelope or the existence of a postmark date that is
  966  later than the date of the election.
  967         (5) A vote-by-mail ballot from an absent overseas voter in
  968  any presidential preference primary or general election which is
  969  postmarked or dated no later than the date of the election and
  970  is received by the supervisor of elections of the county in
  971  which the overseas voter is registered no later than 10 days
  972  after the date of the election shall be counted as long as the
  973  vote-by-mail ballot is otherwise proper.
  974         Section 22. Section 101.697, Florida Statutes, is amended
  975  to read:
  976         101.697 Electronic transmission of election materials.—
  977         (1) The Department of State shall determine whether secure
  978  electronic means can be established for receiving ballots from
  979  overseas voters. If such security can be established, the
  980  department shall adopt rules to authorize a supervisor of
  981  elections to accept from an overseas voter a request for a vote
  982  by-mail ballot or a voted vote-by-mail ballot by secure
  983  facsimile machine transmission or other secure electronic means.
  984  The rules must provide that in order to accept a voted ballot,
  985  the verification of the voter must be established, the security
  986  of the transmission must be established, and each ballot
  987  received must be recorded.
  988         (2)The Department of State shall determine whether secure
  989  electronic means can be established for receiving ballots from
  990  voters for good cause, including during or immediately after an
  991  emergency as defined in s. 101.732. If such secure electronic
  992  means can be established, the department shall adopt rules to
  993  authorize a supervisor of elections to accept from a voter a
  994  voted ballot by secure facsimile machine transmission or other
  995  secure electronic means. The rules must provide that in order to
  996  accept a voted ballot, the verification of the voter must be
  997  established, the security of the transmission must be
  998  established, and each ballot received must be recorded. Such a
  999  ballot may not be accepted by a supervisor of elections except
 1000  upon a determination of good cause by the department.
 1001         Section 23. Subsection (6) is added to section 101.71,
 1002  Florida Statutes, to read:
 1003         101.71 Polling place.—
 1004         (6)A polling place may not be located within a gated
 1005  community unless the legal residence of every elector in the
 1006  precinct is within such gated community.
 1007         Section 24. Paragraph (e) of subsection (4) of section
 1008  102.031, Florida Statutes, is amended, and subsection (6) is
 1009  added to that section, to read:
 1010         102.031 Maintenance of good order at polls; authorities;
 1011  persons allowed in polling rooms and early voting areas;
 1012  unlawful solicitation of voters.—
 1013         (4)
 1014         (e)The owner, operator, or lessee of the property on which
 1015  a polling place or an early voting site is located, or an agent
 1016  or employee thereof, may not prohibit the solicitation of voters
 1017  outside of the no-solicitation zone during polling hours.
 1018         (6)Bullhorns or other devices used to amplify sound are
 1019  prohibited in close proximity to:
 1020         (a)A polling place during voting hours.
 1021         (b)An office of the supervisor during a recount.
 1022         Section 25. Subsection (2) of section 102.111, Florida
 1023  Statutes, is amended to read:
 1024         102.111 Elections Canvassing Commission.—
 1025         (2) The Elections Canvassing Commission shall meet at 9
 1026  a.m. on the 9th day after a primary election to certify the
 1027  returns for each federal, state, and multicounty office. The
 1028  commission shall meet and at 9 a.m. on the 14th day after a
 1029  general election to certify the returns of the election for each
 1030  federal, state, and multicounty office. The commission shall
 1031  meet at 9 a.m. on the 21st day after a general election to
 1032  certify the returns for each federal and state office. If a
 1033  member of a county canvassing board that was constituted
 1034  pursuant to s. 102.141 determines, within 5 days after the
 1035  certification by the Elections Canvassing Commission, that a
 1036  typographical error occurred in the official returns of the
 1037  county, the correction of which could result in a change in the
 1038  outcome of an election, the county canvassing board must certify
 1039  corrected returns to the Department of State within 24 hours,
 1040  and the Elections Canvassing Commission must correct and
 1041  recertify the election returns as soon as practicable.
 1042         Section 26. Subsection (2) of section 102.112, Florida
 1043  Statutes, is amended to read:
 1044         102.112 Deadline for submission of county returns to the
 1045  Department of State.—
 1046         (2) Returns must be filed by 5 p.m. on the 7th day
 1047  following a primary election, and by noon on the 12th day
 1048  following the general election for multicounty offices, and by
 1049  noon on the 19th day following the general election for federal
 1050  and statewide offices. However, the Department of State may
 1051  correct typographical errors, including the transposition of
 1052  numbers, in any returns submitted to the Department of State
 1053  pursuant to s. 102.111(2).
 1054         Section 27. Section 102.181, Florida Statutes, is created
 1055  to read:
 1056         102.181Action against supervisor of elections.—
 1057         (1)Any elector qualified to vote in or any candidate for
 1058  office in an election may file an action against the supervisor
 1059  of elections administering such election for noncompliance with
 1060  any provision of this code.
 1061         (2)Any elector or candidate who files such an action is
 1062  entitled to an immediate hearing.
 1063         (3)In any such action, any filing fees or costs shall be
 1064  waived and attorney fees shall be awarded to the prevailing
 1065  party or parties.
 1066         Section 28. This act shall take effect July 1, 2021.
 1067  
 1068  ================= T I T L E  A M E N D M E N T ================
 1069  And the title is amended as follows:
 1070         Delete everything before the enacting clause
 1071  and insert:
 1072                        A bill to be entitled                      
 1073         An act relating to elections; amending s. 20.10, F.S.;
 1074         requiring the Secretary of State to be elected rather
 1075         than appointed; specifying when such election will
 1076         occur; amending s. 97.052, F.S.; conforming provisions
 1077         to changes made by the act; amending s. 97.053, F.S.;
 1078         providing that an applicant must designate a party
 1079         affiliation or select no party affiliation to be
 1080         registered to vote; requiring a supervisor of
 1081         elections to notify an applicant who fails to be
 1082         registered; requiring the voter registration
 1083         application to include certain information; providing
 1084         for the canvassing of provisional ballots if certain
 1085         information is provided within a reasonable amount of
 1086         time following an election; repealing s. 97.055, F.S.,
 1087         relating to the closure of registration books for an
 1088         election; repealing s. 97.0555, F.S., relating to late
 1089         registration to vote; creating s. 97.0556, F.S.;
 1090         providing that a person who meets certain requirements
 1091         may register to vote and cast a ballot on election day
 1092         or at an early voting site; amending s. 97.057, F.S.;
 1093         requiring the Department of Highway Safety and Motor
 1094         Vehicles to provide the opportunity to preregister to
 1095         vote to certain individuals; amending s. 97.0575,
 1096         F.S.; revising penalties for third-party voter
 1097         registration organizations collecting voter
 1098         registration applications; amending s. 98.065, F.S.;
 1099         providing additional requirements before a voter can
 1100         be made inactive; amending s. 98.0981, F.S.; revising
 1101         certain reports and data to conform with changes made
 1102         by the act; amending s. 99.061, F.S.; authorizing a
 1103         candidate to pay his or her qualifying fee with a
 1104         cashier’s check; amending s. 100.371, F.S.; providing
 1105         a requirement for the delivery of certain petitions;
 1106         specifying that a digital signature that complies with
 1107         the Electronic Signature Act of 1996 satisfies the
 1108         requirement that a petition form must contain an
 1109         original signature; creating s. 100.51, F.S.;
 1110         designating General Election Day as a paid holiday;
 1111         providing that any elector may absent himself or
 1112         herself from service or employment at a specific time
 1113         on a General Election Day and may not be penalized or
 1114         have pay reduced for such absence; creating s.
 1115         101.016, F.S.; requiring the Division of Elections to
 1116         maintain a strategic elections equipment reserve of
 1117         voting systems and other equipment for specified
 1118         purposes; requiring such reserve to include specified
 1119         equipment; authorizing the division to contract with
 1120         specified entities rather than physically maintain
 1121         such reserve; amending s. 101.048, F.S.; providing
 1122         that a person may cast a provisional ballot in the
 1123         county in which the voter claims to be registered;
 1124         amending s. 101.151, F.S.; revising the order in which
 1125         office titles and names of candidates are placed on
 1126         the ballot; amending s. 101.5612, F.S.; requiring the
 1127         supervisor of elections to annually file a plan for
 1128         operations under certain conditions; amending s.
 1129         101.62, F.S.; providing that a request for a vote-by
 1130         mail ballot is valid until the request is canceled;
 1131         revising the deadline by which vote-by-mail ballots
 1132         must be received by a supervisor of elections;
 1133         revising the period during which a supervisor of
 1134         elections may deliver certain ballots; providing for
 1135         extension of deadlines under certain conditions;
 1136         amending s. 101.64, F.S.; requiring the supervisor of
 1137         elections to enclose a postage paid mailing envelope
 1138         with each vote-by-mail ballot; providing that vote-by
 1139         mail ballot voter certificates may require a voter’s
 1140         signature or the last four digits of the voter’s
 1141         social security number; amending s. 101.65, F.S.;
 1142         revising instructions that must be provided with a
 1143         vote-by-mail ballot; amending s. 101.68, F.S.;
 1144         requiring the supervisor of elections to compare the
 1145         signature or partial social security number with the
 1146         signature or partial social security number in the
 1147         registration books or precinct register when
 1148         canvassing a vote-by-mail ballot; authorizing the
 1149         canvassing of vote-by-mail ballots upon the completion
 1150         of the public preelection testing of automatic
 1151         tabulating equipment; revising the timeframe during
 1152         which an elector may cure a vote-by-mail ballot;
 1153         amending s. 101.6952, F.S.; authorizing an absent
 1154         voter to submit a federal write-in absentee ballot or
 1155         vote-by-mail ballot; revising requirements for the
 1156         canvassing of specified ballots; providing that a
 1157         certain presumption applies to vote-by-mail ballots
 1158         received from absent voters; requiring a vote-by-mail
 1159         ballot from an absent voter which is postmarked by a
 1160         certain date to be counted; amending s. 101.697, F.S.;
 1161         requiring the Department of State to adopt rules to
 1162         authorize a supervisor of elections to accept a voted
 1163         ballot by secure electronic means under certain
 1164         circumstances; amending s. 101.71, F.S.; prohibiting a
 1165         polling place from being located within a gated
 1166         community unless certain conditions are met; amending
 1167         s. 102.031, F.S.; removing a provision prohibiting the
 1168         restriction of solicitation by certain parties;
 1169         prohibiting the use of devices that amplify sound in
 1170         certain locations; amending s. 102.111, F.S.; revising
 1171         the dates by which the Elections Canvassing Commission
 1172         must certify certain election returns; amending s.
 1173         102.112, F.S.; revising the deadlines for submission
 1174         of county returns to the Department of State; creating
 1175         s. 102.181, F.S.; authorizing certain persons to file
 1176         actions against a supervisor of elections who fail to
 1177         comply with the Florida Election Code; providing that
 1178         such person is entitled to an immediate hearing;
 1179         providing for the waiver of fees and costs and the
 1180         award of attorney fees; providing an effective date.