Florida Senate - 2021                               CS for SB 90
       
       
        
       By the Committee on Ethics and Elections; and Senator Baxley
       
       
       
       
       
       582-02172-21                                            202190c1
    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 through the end
    5         of the calendar year of the next regularly scheduled
    6         general election; amending s. 101.68, F.S.;
    7         authorizing the canvassing of vote-by-mail ballots
    8         upon the completion of the public preelection testing
    9         of automatic tabulating equipment; providing for
   10         construction and applicability; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (a) of subsection (1) of section
   16  101.62, Florida Statutes, is amended to read:
   17         101.62 Request for vote-by-mail ballots.—
   18         (1)(a) The supervisor shall accept a request for a vote-by
   19  mail ballot from an elector in person or in writing. One request
   20  is shall be deemed sufficient to receive a vote-by-mail ballot
   21  for all elections through the end of the calendar year of the
   22  next second ensuing regularly scheduled general election, unless
   23  the elector or the elector’s designee indicates at the time the
   24  request is made the elections for which the elector desires to
   25  receive a vote-by-mail ballot. Such request may be considered
   26  canceled when any first-class mail sent by the supervisor to the
   27  elector is returned as 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.