Florida Senate - 2022                                    SB 1586
       
       
        
       By Senator Polsky
       
       
       
       
       
       29-00010D-22                                          20221586__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 97.052,
    3         F.S.; requiring the uniform statewide voter
    4         registration application to be accepted for the
    5         purpose of vote-by-mail ballot requests; requiring the
    6         uniform statewide voter registration application to
    7         elicit whether an applicant requests a vote-by-mail
    8         ballot; specifying requirements for a certain
    9         statement of the applicant’s intent; amending s.
   10         97.0525, F.S.; requiring the online voter registration
   11         system to permit an applicant to request a vote-by
   12         mail ballot; amending s. 100.111, F.S.; requiring the
   13         Governor to consult with supervisors of elections of
   14         affected counties in fixing the dates for special
   15         elections; requiring the Governor, in the event of a
   16         vacancy in a state legislative office, to limit the
   17         duration of a vacancy during a regular legislative
   18         session to the greatest extent possible in fixing
   19         special election dates; requiring the Governor to fix
   20         the date for a special election to be held within a
   21         certain timeframe; revising the minimum time between a
   22         special primary election and a special election;
   23         amending s. 100.141, F.S.; requiring the Governor to
   24         issue an order calling for a special election within a
   25         certain timeframe; conforming a provision to changes
   26         made by the act; amending s. 101.62, F.S.; requiring a
   27         supervisor of elections to accept certain requests for
   28         vote-by-mail ballots; providing that a request made on
   29         a vote-by-mail ballot return mailing envelope does not
   30         require specified identifying information and is
   31         sufficient if such ballot is counted; amending s.
   32         101.64, F.S.; requiring a vote-by-mail ballot return
   33         mailing envelope to bear a statement and a checkbox
   34         that allows an absent elector to request a vote-by
   35         mail ballot for all elections taking place during a
   36         specified timeframe; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Paragraph (a) of subsection (1) of section
   41  97.052, Florida Statutes, is amended, and paragraph (v) is added
   42  to subsection (2) of that section, to read:
   43         97.052 Uniform statewide voter registration application.—
   44         (1) The department shall prescribe by rule a uniform
   45  statewide voter registration application for use in this state.
   46         (a) The uniform statewide voter registration application
   47  must be accepted for any one or more of the following purposes:
   48         1. Initial registration.
   49         2. Change of address.
   50         3. Change of party affiliation.
   51         4. Change of name.
   52         5. Replacement of a voter information card.
   53         6. Signature update.
   54         7.Vote-by-mail ballot request.
   55         (2) The uniform statewide voter registration application
   56  must be designed to elicit the following information from the
   57  applicant:
   58         (v)Whether the applicant requests a vote-by-mail ballot,
   59  by including a statement in substantially the following form: “I
   60  request a vote-by-mail ballot.” The statement must be followed
   61  by a box for the applicant to check to affirm the statement.
   62         Section 2. Paragraph (a) of subsection (2) of section
   63  97.0525, Florida Statutes, is amended to read:
   64         97.0525 Online voter registration.—
   65         (2) The division shall establish and maintain a secure
   66  Internet website that safeguards an applicant’s information to
   67  ensure data integrity and permits an applicant to:
   68         (a) Submit a voter registration application, including a
   69  first-time voter registration application, applications and
   70  updates to current voter registration records, and a vote-by
   71  mail ballot request made by checking a box to affirm the
   72  statement that must be included on the uniform statewide voter
   73  registration application pursuant to s. 97.052(2)(v).
   74         Section 3. Subsection (2) of section 100.111, Florida
   75  Statutes, is amended to read:
   76         100.111 Filling vacancy.—
   77         (2) Whenever there is a vacancy for which a special
   78  election is required pursuant to s. 100.101, the Governor, after
   79  consultation with the Secretary of State and the supervisor of
   80  elections of any affected county, shall fix the dates of a
   81  special primary election and a special election. Nominees of
   82  political parties shall be chosen under the primary laws of this
   83  state in the special primary election to become candidates in
   84  the special election. Before Prior to setting the special
   85  election dates, the Governor shall consider any upcoming
   86  elections in the jurisdiction where the special election will be
   87  held and, in the event of a vacancy in a state legislative
   88  office, shall limit the duration of any such vacancy during a
   89  regular legislative session to the greatest extent possible in
   90  fixing such dates. Notwithstanding the foregoing, any special
   91  election may not be held later than 180 days after a vacancy has
   92  occurred. The dates fixed by the Governor must shall be specific
   93  days certain and may shall not be established by the happening
   94  of a condition or stated in the alternative. The dates fixed
   95  must shall provide a minimum of 10 2 weeks between each
   96  election. In the event a vacancy occurs in the office of state
   97  senator or member of the House of Representatives when the
   98  Legislature is in regular legislative session, the minimum times
   99  prescribed by this subsection may be waived upon concurrence of
  100  the Governor, the Speaker of the House of Representatives, and
  101  the President of the Senate. If a vacancy occurs in the office
  102  of state senator and no session of the Legislature is scheduled
  103  to be held before prior to the next general election, the
  104  Governor may fix the dates for the special primary election and
  105  for the special election to coincide with the dates of the
  106  primary election and general election. If a vacancy in office
  107  occurs in any district in the state Senate or House of
  108  Representatives or in any congressional district, and no session
  109  of the Legislature, or session of Congress if the vacancy is in
  110  a congressional district, is scheduled to be held during the
  111  unexpired portion of the term, the Governor is not required to
  112  call a special election to fill such vacancy.
  113         (a) The dates for candidates to qualify in such special
  114  election or special primary election must shall be fixed by the
  115  Department of State, and candidates must shall qualify no not
  116  later than noon of the last day so fixed. The dates fixed for
  117  qualifying must shall allow a minimum of 14 days between the
  118  last day of qualifying and the special primary election.
  119         (b) The filing of campaign expense statements by candidates
  120  in such special elections or special primaries and by committees
  121  making contributions or expenditures to influence the results of
  122  such special primaries or special elections must shall be no not
  123  later than such dates as shall be fixed by the Department of
  124  State, and in fixing such dates the Department of State shall
  125  take into consideration and be governed by the practical time
  126  limitations.
  127         (c) The dates for a candidate to qualify by the petition
  128  process pursuant to s. 99.095 in such special primary or special
  129  election must shall be fixed by the Department of State. In
  130  fixing such dates the Department of State shall take into
  131  consideration and be governed by the practical time limitations.
  132  Any candidate seeking to qualify by the petition process in a
  133  special primary election must shall obtain 25 percent of the
  134  signatures required by s. 99.095.
  135         (d) The qualifying fees and party assessments of such
  136  candidates as may qualify must shall be the same as collected
  137  for the same office at the last previous primary for that
  138  office. The party assessment must shall be paid to the
  139  appropriate executive committee of the political party to which
  140  the candidate belongs.
  141         (e) Each county canvassing board shall make as speedy a
  142  return of the result of such special primary elections and
  143  special elections as time will permit, and the Elections
  144  Canvassing Commission likewise shall make as speedy a canvass
  145  and declaration of the nominees as time will permit.
  146         Section 4. Subsection (1) of section 100.141, Florida
  147  Statutes, is amended to read:
  148         100.141 Notice of special election to fill any vacancy in
  149  office.—
  150         (1) Whenever a special election is required to fill any
  151  vacancy in office, the Governor, after consultation with the
  152  Secretary of State and the supervisor of elections of any
  153  affected county, shall issue an order declaring on what day the
  154  election shall be held and deliver the order to the Department
  155  of State. The Governor shall issue the order within 14 calendar
  156  days after the occurrence of the vacancy or, for vacancies
  157  arising due to a resignation pursuant to s. 99.012, within 14
  158  calendar days after submittal of the written resignation to the
  159  Governor, whichever is sooner.
  160         Section 5. Present paragraphs (b) and (c) of subsection (1)
  161  of section 101.62, Florida Statutes, are redesignated as
  162  paragraphs (c) and (d), respectively, a new paragraph (b) is
  163  added to that subsection, and paragraph (a) and present
  164  paragraph (b) of that subsection are amended, to read:
  165         101.62 Request for vote-by-mail ballots.—
  166         (1)(a) The supervisor shall accept a request for a vote-by
  167  mail ballot from an elector in person or in writing, including:
  168         1.A request made by checking the vote-by-mail ballot
  169  request box included on the uniform statewide voter registration
  170  application pursuant to s. 97.052(2)(v) or on an application
  171  submitted online pursuant to s. 97.0525; or
  172         2.A request made by checking the vote-by-mail ballot
  173  request box included on a vote-by-mail return mailing envelope
  174  pursuant to s. 101.64(1)(b)2.
  175         (b) One request is deemed sufficient to receive a vote-by
  176  mail ballot for all elections through the end of the calendar
  177  year of the next regularly scheduled general election, unless
  178  the elector or the elector’s designee indicates at the time the
  179  request is made the elections within such period for which the
  180  elector desires to receive a vote-by-mail ballot. Such request
  181  may be considered canceled when any first-class mail sent by the
  182  supervisor to the elector is returned as undeliverable.
  183         (c)(b) The supervisor may accept a written, an in-person,
  184  or a telephonic request for a vote-by-mail ballot to be mailed
  185  to an elector’s address on file in the Florida Voter
  186  Registration System from the elector, or, if directly instructed
  187  by the elector, a member of the elector’s immediate family, or
  188  the elector’s legal guardian. If an in-person or a telephonic
  189  request is made, the elector must provide the elector’s Florida
  190  driver license number, the elector’s Florida identification card
  191  number, or the last four digits of the elector’s social security
  192  number, whichever may be verified in the supervisor’s records.
  193  If the ballot is requested to be mailed to an address other than
  194  the elector’s address on file in the Florida Voter Registration
  195  System, the request must be made in writing. A written request
  196  must be signed by the elector and include the elector’s Florida
  197  driver license number, the elector’s Florida identification card
  198  number, or the last four digits of the elector’s social security
  199  number. However, a request made as provided in subparagraph
  200  (a)2. does not require the inclusion of the elector’s Florida
  201  driver license number, the elector’s Florida identification card
  202  number, or the last four digits of the elector’s social security
  203  number and is sufficient if the vote-by-mail ballot is counted.
  204  However, an absent uniformed service voter or an overseas voter
  205  seeking a vote-by-mail ballot is not required to submit a
  206  signed, written request for a vote-by-mail ballot that is being
  207  mailed to an address other than the elector’s address on file in
  208  the Florida Voter Registration System. For purposes of this
  209  section, the term “immediate family” has the same meaning as
  210  specified in paragraph (4)(c). The person making the request
  211  must disclose:
  212         1. The name of the elector for whom the ballot is
  213  requested.
  214         2. The elector’s address.
  215         3. The elector’s date of birth.
  216         4. The elector’s Florida driver license number, the
  217  elector’s Florida identification card number, or the last four
  218  digits of the elector’s social security number, whichever may be
  219  verified in the supervisor’s records.
  220         5. The requester’s name.
  221         6. The requester’s address.
  222         7. The requester’s driver license number, the requester’s
  223  identification card number, or the last four digits of the
  224  requester’s social security number, if available.
  225         8. The requester’s relationship to the elector.
  226         9. The requester’s signature (written requests only).
  227         Section 6. Paragraph (b) of subsection (1) of section
  228  101.64, Florida Statutes, is amended to read:
  229         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  230         (1)
  231         (b) Each return mailing envelope must bear the following:
  232         1. The absent elector’s name.
  233         2.A statement in substantially the following form: “I
  234  request a vote-by-mail ballot for all elections taking place
  235  through the end of the calendar year of the next regularly
  236  scheduled general election.” The statement must be followed by a
  237  box that the absent elector may check to affirm the statement.
  238         3.and Any encoded mark used by the supervisor’s office.
  239         Section 7. This act shall take effect July 1, 2022.