Florida Senate - 2021                                      SB 90
       By Senator Baxley
       12-00669E-21                                            202190__
    1                        A bill to be entitled                      
    2         An act relating to vote-by-mail ballots; amending s.
    3         101.62, F.S.; limiting the duration of requests for
    4         vote-by-mail ballots to all elections held within a
    5         calendar year of a request; amending s. 101.68, F.S.;
    6         authorizing the canvassing of vote-by-mail ballots
    7         upon the completion of the public preelection testing
    8         of automatic tabulating equipment; providing for
    9         construction and applicability; providing an effective
   10         date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (a) of subsection (1) of section
   15  101.62, Florida Statutes, is amended to read:
   16         101.62 Request for vote-by-mail ballots.—
   17         (1)(a) The supervisor shall accept a request for a vote-by
   18  mail ballot from an elector in person or in writing. One request
   19  is shall be deemed sufficient to receive a vote-by-mail ballot
   20  for all elections that are held within a calendar year through
   21  the end of the calendar year of the second ensuing regularly
   22  scheduled general election, unless the elector or the elector’s
   23  designee indicates at the time the request is made the elections
   24  for which the elector desires to receive a vote-by-mail ballot.
   25  Such request may be considered canceled when any first-class
   26  mail sent by the supervisor to the elector is returned as
   27  undeliverable.
   28         Section 2. Paragraph (a) of subsection (2) of section
   29  101.68, Florida Statutes, is amended to read:
   30         101.68 Canvassing of vote-by-mail ballot.—
   31         (2)(a) The county canvassing board may begin the canvassing
   32  of vote-by-mail ballots upon the completion of the public
   33  testing of automatic tabulating equipment pursuant to s.
   34  101.5612(2) at 7 a.m. on the 22nd day before the election, but
   35  must begin such canvassing by no not later than noon on the day
   36  following the election. In addition, for any county using
   37  electronic tabulating equipment, the processing of vote-by-mail
   38  ballots through such tabulating equipment may begin at 7 a.m. on
   39  the 22nd day before the election. However, notwithstanding any
   40  such authorization to begin canvassing or otherwise processing
   41  vote-by-mail ballots early, no result shall be released until
   42  after the closing of the polls in that county on election day.
   43  Any supervisor, deputy supervisor, canvassing board member,
   44  election board member, or election employee who releases the
   45  results of a canvassing or processing of vote-by-mail ballots
   46  prior to the closing of the polls in that county on election day
   47  commits a felony of the third degree, punishable as provided in
   48  s. 775.082, s. 775.083, or s. 775.084.
   49         Section 3. Notwithstanding that an elector has submitted a
   50  vote-by-mail ballot request before the effective date of this
   51  act initially applicable through the end of the calendar year of
   52  the second ensuing regularly scheduled general election, any
   53  such elector must affirmatively resubmit a vote-by-mail ballot
   54  request following the effective date of this act in order to
   55  receive vote-by-mail ballots for the 2022 primary and general
   56  elections.
   57         Section 4. This act shall take effect July 1, 2021.