Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 7050
       
       
       
       
       
       
                                Ì896738\Î896738                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             04/26/2023 10:09 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Thompson moved 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. Paragraph (b) of subsection (5) of section
   20  97.053, Florida Statutes, is amended to read:
   21         97.053 Acceptance of voter registration applications.—
   22         (5)
   23         (b) An applicant who fails to designate party affiliation
   24  or affirmatively select “no party affiliation” may not must be
   25  registered without party affiliation. The supervisor must notify
   26  the voter by mail that the voter has not been registered without
   27  party affiliation and that the voter must complete a new
   28  registration application and designate a party affiliation or
   29  affirmatively select “no party affiliation.” The voter
   30  registration application must clearly denote this requirement
   31  may change party affiliation as provided in s. 97.1031.
   32         Section 3. Section 97.0556, Florida Statutes, is created to
   33  read:
   34         97.0556Same-day voter registration.—A person who meets the
   35  qualifications to register to vote in s. 97.041 and who provides
   36  the information required for the statewide voter registration
   37  application in s. 97.052 may register at an early voting site or
   38  at his or her polling place and immediately thereafter cast a
   39  ballot.
   40         Section 4. Section 97.057, Florida Statutes, is amended to
   41  read:
   42         97.057 Voter registration by the Department of Highway
   43  Safety and Motor Vehicles.—
   44         (1) Each of the following serves as an application The
   45  Department of Highway Safety and Motor Vehicles shall provide
   46  the opportunity to preregister to vote, register to vote, or to
   47  update a voter registration record when submitted to the
   48  Department of Highway Safety and Motor Vehicles to each
   49  individual who comes to an office of that department to:
   50         (a) An application for or a renewal of Apply for or renew a
   51  driver license;
   52         (b) An application for or a renewal of Apply for or renew
   53  an identification card pursuant to chapter 322; or
   54         (c) An application for a change of an address on an
   55  existing driver license or identification card.
   56  
   57  Unless the applicant declines to register or preregister to
   58  vote, he or she is deemed to have consented to the use of the
   59  signature from his or her driver license or identification card
   60  application for voter registration purposes.
   61         (2)An application for a driver license or an
   62  identification card must include a voter registration component.
   63  The voter registration component must be approved by the
   64  Department of State and must contain all of the following:
   65         (a)The minimum amount of information necessary to prevent
   66  duplicate voter registrations and to preserve the ability of the
   67  department and supervisors of elections to assess the
   68  eligibility of the applicant and administer voter registration
   69  and other provisions of this code.
   70         (b)A statement setting forth voting eligibility
   71  requirements.
   72         (c)An explanation that the applicant is consenting to the
   73  use of his or her signature from the applicant’s driver license
   74  or identification card application for voter registration
   75  purposes. By consenting to the use of his or her signature, the
   76  applicant is deemed to have subscribed to the oath required by
   77  s. 3, Art. VI of the State Constitution and s. 97.051 and to
   78  have sworn and affirmed that the voter registration information
   79  contained in the application is true under penalty for false
   80  swearing pursuant to s. 104.011.
   81         (d)An option that allows the applicant to choose or update
   82  a party affiliation; otherwise, an applicant who is initially
   83  registering to vote and does not exercise such option shall be
   84  sent a notice by the supervisor of elections in accordance with
   85  s. 97.053(5)(b).
   86         (e)An option that allows the applicant to decline to
   87  register to vote or preregister to vote. The Department of
   88  Highway Safety and Motor Vehicles shall note any such
   89  declination in its records and forward the declination to the
   90  Department of State. Any declination may be used only for voter
   91  registration purposes and is confidential and exempt from public
   92  records requirements as provided in s. 97.0585.
   93         (3)The Department of Highway Safety and Motor Vehicles
   94  shall:
   95         (a)Develop a voter registration component for applications
   96  which meets the requirements set forth in subsection (2).
   97         (b)Electronically transmit the voter registration
   98  component of an applicant’s driver license or identification
   99  card application to the Department of State within 24 hours
  100  after receipt. Upon receipt of the voter registration component,
  101  the Department of State shall provide the information to the
  102  supervisor of the county in which the applicant is registering
  103  or preregistering to vote or updating his or her voter
  104  registration record.
  105         (2)The Department of Highway Safety and Motor Vehicles
  106  shall:
  107         (a)Notify each individual, orally or in writing, that:
  108         1.Information gathered for the completion of a driver
  109  license or identification card application, renewal, or change
  110  of address can be automatically transferred to a voter
  111  registration application;
  112         2.If additional information and a signature are provided,
  113  the voter registration application will be completed and sent to
  114  the proper election authority;
  115         3.Information provided can also be used to update a voter
  116  registration record;
  117         4.All declinations will remain confidential and may be
  118  used only for voter registration purposes; and
  119         5.The particular driver license office in which the person
  120  applies to register to vote or updates a voter registration
  121  record will remain confidential and may be used only for voter
  122  registration purposes.
  123         (b)Require a driver license examiner to inquire orally or,
  124  if the applicant is hearing impaired, inquire in writing whether
  125  the applicant wishes to register to vote or update a voter
  126  registration record during the completion of a driver license or
  127  identification card application, renewal, or change of address.
  128         1.If the applicant chooses to register to vote or to
  129  update a voter registration record:
  130         a.All applicable information received by the Department of
  131  Highway Safety and Motor Vehicles in the course of filling out
  132  the forms necessary under subsection (1) must be transferred to
  133  a voter registration application.
  134         b.The additional necessary information must be obtained by
  135  the driver license examiner and must not duplicate any
  136  information already obtained while completing the forms required
  137  under subsection (1).
  138         c.A voter registration application with all of the
  139  applicant’s voter registration information required to establish
  140  the applicant’s eligibility pursuant to s. 97.041 must be
  141  presented to the applicant to review and verify the voter
  142  registration information received and provide an electronic
  143  signature affirming the accuracy of the information provided.
  144         2.If the applicant declines to register to vote, update
  145  the applicant’s voter registration record, or change the
  146  applicant’s address by either orally declining or by failing to
  147  sign the voter registration application, the Department of
  148  Highway Safety and Motor Vehicles must note such declination on
  149  its records and shall forward the declination to the statewide
  150  voter registration system.
  151         (3)For the purpose of this section, the Department of
  152  Highway Safety and Motor Vehicles, with the approval of the
  153  Department of State, shall prescribe:
  154         (a)A voter registration application that is the same in
  155  content, format, and size as the uniform statewide voter
  156  registration application prescribed under s. 97.052; and
  157         (b)A form that will inform applicants under subsection (1)
  158  of the information contained in paragraph (2)(a).
  159         (4)The Department of Highway Safety and Motor Vehicles
  160  must electronically transmit completed voter registration
  161  applications within 24 hours after receipt to the statewide
  162  voter registration system. Completed paper voter registration
  163  applications received by the Department of Highway Safety and
  164  Motor Vehicles shall be forwarded within 5 days after receipt to
  165  the supervisor of the county where the office that processed or
  166  received that application is located.
  167         (5)The Department of Highway Safety and Motor Vehicles
  168  must send, with each driver license renewal extension
  169  application authorized pursuant to s. 322.18(8), a uniform
  170  statewide voter registration application, the voter registration
  171  application prescribed under paragraph (3)(a), or a voter
  172  registration application developed especially for the purposes
  173  of this subsection by the Department of Highway Safety and Motor
  174  Vehicles, with the approval of the Department of State, which
  175  must meet the requirements of s. 97.052.
  176         (4)(6) A person providing voter registration services for a
  177  driver license office may not:
  178         (a) Seek to influence an applicant’s political preference
  179  or party registration;
  180         (b) Display any political preference or party allegiance;
  181         (c) Make any statement to an applicant or take any action
  182  the purpose or effect of which is to discourage the applicant
  183  from registering to vote; or
  184         (d) Disclose any applicant’s voter registration information
  185  except as needed for the administration of voter registration.
  186         (5)(7) The Department of Highway Safety and Motor Vehicles
  187  shall collect data determined necessary by the Department of
  188  State for program evaluation and reporting to the Election
  189  Assistance Commission pursuant to federal law.
  190         (6)(8) The Department of Highway Safety and Motor Vehicles
  191  shall must ensure that all voter registration services provided
  192  by driver license offices are in compliance with the Voting
  193  Rights Act of 1965.
  194         (7)(9) The Department of Highway Safety and Motor Vehicles
  195  shall retain complete records of voter registration information
  196  received, processed, and submitted to the Department of State
  197  statewide voter registration system by the Department of Highway
  198  Safety and Motor Vehicles. The retention of such These records
  199  is shall be for the explicit purpose of supporting audit and
  200  accounting controls established to ensure accurate and complete
  201  electronic transmission of records between the Department of
  202  State statewide voter registration system and the Department of
  203  Highway Safety and Motor Vehicles.
  204         (8)(10) The Department of State shall provide the
  205  Department of Highway Safety and Motor Vehicles with an
  206  electronic database of street addresses valid for use as the
  207  address of legal residence as required in s. 97.053(5). The
  208  Department of Highway Safety and Motor Vehicles shall compare
  209  the address provided by the applicant against the database of
  210  valid street addresses. If the address provided by the applicant
  211  does not match a valid street address in the database, the
  212  applicant will be asked to verify the address provided. The
  213  Department of Highway Safety and Motor Vehicles may shall not
  214  reject any application for voter registration for which a valid
  215  match cannot be made.
  216         (9)(11) The Department of Highway Safety and Motor Vehicles
  217  shall enter into an agreement with the Department of State to
  218  match information in the statewide voter registration system
  219  with information in the database of the Department of Highway
  220  Safety and Motor Vehicles to the extent required to verify the
  221  accuracy of the driver license number, Florida identification
  222  number, or last four digits of the social security number
  223  provided on applications for voter registration as required in
  224  s. 97.053.
  225         (10)(12) The Department of Highway Safety and Motor
  226  Vehicles shall enter into an agreement with the Commissioner of
  227  Social Security as required by the Help America Vote Act of 2002
  228  to verify the last four digits of the social security number
  229  provided in applications for voter registration as required in
  230  s. 97.053.
  231         (11)(13) The Department of Highway Safety and Motor
  232  Vehicles shall must assist the Department of State in regularly
  233  identifying changes in residence address on the driver license
  234  or identification card of a voter. The Department of State shall
  235  must report each such change to the appropriate supervisor of
  236  elections who must change the voter’s registration records in
  237  accordance with s. 98.065(5).
  238         Section 5. Paragraph (a) of subsection (3) of section
  239  97.0575, Florida Statutes, is amended to read:
  240         97.0575 Third-party voter registrations.—
  241         (3)(a) A third-party voter registration organization that
  242  collects voter registration applications serves as a fiduciary
  243  to the applicant, ensuring that any voter registration
  244  application entrusted to the organization, irrespective of party
  245  affiliation, race, ethnicity, or gender, must be promptly
  246  delivered to the division or the supervisor of elections in the
  247  county in which the applicant resides within 14 days after the
  248  application was completed by the applicant, but not after
  249  registration closes for the next ensuing election. If a voter
  250  registration application collected by any third-party voter
  251  registration organization is not promptly delivered to the
  252  division or supervisor of elections in the county in which the
  253  applicant resides, the third-party voter registration
  254  organization is liable for the following fines:
  255         1. A fine in the amount of $50 for each application
  256  received by the division or the supervisor of elections in the
  257  county in which the applicant resides more than 14 days after
  258  the applicant delivered the completed voter registration
  259  application to the third-party voter registration organization
  260  or any person, entity, or agent acting on its behalf. A fine in
  261  the amount of $250 for each application received if the third
  262  party voter registration organization or person, entity, or
  263  agency acting on its behalf acted willfully.
  264         2. A fine in the amount of $100 for each application
  265  collected by a third-party voter registration organization or
  266  any person, entity, or agent acting on its behalf, before book
  267  closing for any given election for federal or state office and
  268  received by the division or the supervisor of elections in the
  269  county in which the applicant resides after the book-closing
  270  deadline for such election. A fine in the amount of $500 for
  271  each application received if the third-party registration
  272  organization or person, entity, or agency acting on its behalf
  273  acted willfully.
  274         3.A fine in the amount of $500 for each application
  275  collected by a third-party voter registration organization or
  276  any person, entity, or agent acting on its behalf, which is not
  277  submitted to the division or supervisor of elections in the
  278  county in which the applicant resides. A fine in the amount of
  279  $1,000 for any application not submitted if the third-party
  280  voter registration organization or person, entity, or agency
  281  acting on its behalf acted willfully.
  282  
  283  The aggregate fine pursuant to this paragraph which may be
  284  assessed against a third-party voter registration organization,
  285  including affiliate organizations, for violations committed in a
  286  calendar year is $50,000.
  287         Section 6. Paragraph (b) of subsection (4) of section
  288  98.045, Florida Statutes, is amended to read:
  289         98.045 Administration of voter registration.—
  290         (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
  291  STREET ADDRESSES.—
  292         (b) The department shall make the statewide database of
  293  valid street addresses available to the Department of Highway
  294  Safety and Motor Vehicles as provided in s. 97.057(8) s.
  295  97.057(10). The Department of Highway Safety and Motor Vehicles
  296  shall use the database for purposes of validating the legal
  297  residential addresses provided in voter registration
  298  applications received by the Department of Highway Safety and
  299  Motor Vehicles.
  300         Section 7. Subsection (4) of section 98.065, Florida
  301  Statutes, is amended to read:
  302         98.065 Registration list maintenance programs.—
  303         (4) The supervisor shall designate as inactive all voters
  304  who have not voted in at least one of the last two general
  305  elections and who have been sent an address confirmation final
  306  notice and have not returned the postage prepaid, preaddressed
  307  return form within 30 days or for whom the final notice has been
  308  returned as undeliverable. Names on the inactive list may not be
  309  used to calculate the number of signatures needed on any
  310  petition. A voter on the inactive list may be restored to the
  311  active list of voters upon the voter updating his or her
  312  registration, requesting a vote-by-mail ballot, or voting in an
  313  election. However, if the voter does not update his or her voter
  314  registration information, request a vote-by-mail ballot, or vote
  315  by the second general election after being placed on the
  316  inactive list, the voter’s name must be removed from the
  317  statewide voter registration system, and the voter must
  318  reregister to have his or her name restored to A registration
  319  list maintenance program must be conducted by each supervisor,
  320  at a minimum, once each year and must be completed not later
  321  than 90 days before the date of any federal election. All list
  322  maintenance actions associated with each voter must be entered,
  323  tracked, and maintained in the statewide voter registration
  324  system.
  325         Section 8. Paragraph (a) of subsection (7) of section
  326  99.061, Florida Statutes, is amended to read:
  327         99.061 Method of qualifying for nomination or election to
  328  federal, state, county, or district office.—
  329         (7)(a) In order for a candidate to be qualified, the
  330  following items must be received by the filing officer by the
  331  end of the qualifying period:
  332         1. A cashier’s check purchased with campaign account funds
  333  or a properly executed check drawn upon the candidate’s campaign
  334  account payable to the person or entity as prescribed by the
  335  filing officer in an amount not less than the fee required by s.
  336  99.092, unless the candidate obtained the required number of
  337  signatures on petitions pursuant to s. 99.095. The filing fee
  338  for a special district candidate is not required to be drawn
  339  upon the candidate’s campaign account. If a candidate’s check is
  340  returned by the bank for any reason, the filing officer must
  341  shall immediately notify the candidate, and the candidate has
  342  shall have until the end of qualifying to pay the fee with a
  343  cashier’s check purchased from funds of the campaign account.
  344  Failure to pay the fee as provided in this subparagraph
  345  disqualifies shall disqualify the candidate.
  346         2. The candidate’s oath required by s. 99.021, which must
  347  contain the name of the candidate as it is to appear on the
  348  ballot; the office sought, including the district or group
  349  number if applicable; and the signature of the candidate, which
  350  must be verified under oath or affirmation pursuant to s.
  351  92.525(1)(a).
  352         3. If the office sought is partisan, the written statement
  353  of political party affiliation required by s. 99.021(1)(b); or
  354  if the candidate is running without party affiliation for a
  355  partisan office, the written statement required by s.
  356  99.021(1)(c).
  357         4. The completed form for the appointment of campaign
  358  treasurer and designation of campaign depository, as required by
  359  s. 106.021.
  360         5. The full and public disclosure or statement of financial
  361  interests required by subsection (5). A public officer who has
  362  filed the full and public disclosure or statement of financial
  363  interests with the Commission on Ethics or the supervisor before
  364  of elections prior to qualifying for office may file a copy of
  365  that disclosure at the time of qualifying.
  366         Section 9. Subsection (2) of section 100.111, Florida
  367  Statutes, is amended to read:
  368         100.111 Filling vacancy.—
  369         (2) Whenever there is a vacancy for which a special
  370  election is required pursuant to s. 100.101, the Governor, after
  371  consultation with the Secretary of State and the supervisor of
  372  elections of any affected county, shall fix the dates of a
  373  special primary election and a special election. Nominees of
  374  political parties shall be chosen under the primary laws of this
  375  state in the special primary election to become candidates in
  376  the special election. Before Prior to setting the special
  377  election dates, the Governor shall consider any upcoming
  378  elections in the jurisdiction where the special election will be
  379  held and, in the event of a vacancy in a state legislative
  380  office, shall limit the period of any such vacancy during a
  381  regular legislative session to the greatest extent possible in
  382  fixing such dates. Notwithstanding the foregoing, a special
  383  election may not be held later than 180 days after a vacancy has
  384  occurred. The dates fixed by the Governor must shall be specific
  385  days certain and may shall not be established by the happening
  386  of a condition or stated in the alternative. The dates fixed
  387  must shall provide a minimum of 10 2 weeks between each
  388  election. In the event a vacancy occurs in the office of state
  389  senator or member of the House of Representatives when the
  390  Legislature is in regular legislative session, the minimum times
  391  prescribed by this subsection may be waived upon concurrence of
  392  the Governor, the Speaker of the House of Representatives, and
  393  the President of the Senate. If a vacancy occurs in the office
  394  of state senator and no session of the Legislature is scheduled
  395  to be held before prior to the next general election, the
  396  Governor may fix the dates for the special primary election and
  397  for the special election to coincide with the dates of the
  398  primary election and general election. If a vacancy in office
  399  occurs in any district in the state Senate or House of
  400  Representatives or in any congressional district, and no session
  401  of the Legislature, or session of Congress if the vacancy is in
  402  a congressional district, is scheduled to be held during the
  403  unexpired portion of the term, the Governor is not required to
  404  call a special election to fill such vacancy.
  405         (a) The dates for candidates to qualify in such special
  406  election or special primary election must shall be fixed by the
  407  Department of State, and candidates must shall qualify no not
  408  later than noon of the last day so fixed. The dates fixed for
  409  qualifying must shall allow a minimum of 14 days between the
  410  last day of qualifying and the special primary election.
  411         (b) The filing of campaign expense statements by candidates
  412  in such special elections or special primaries and by committees
  413  making contributions or expenditures to influence the results of
  414  such special primaries or special elections must shall be no not
  415  later than such dates as shall be fixed by the Department of
  416  State, and in fixing such dates the Department of State shall
  417  take into consideration and be governed by the practical time
  418  limitations.
  419         (c) The dates for a candidate to qualify by the petition
  420  process pursuant to s. 99.095 in such special primary or special
  421  election must shall be fixed by the Department of State. In
  422  fixing such dates the Department of State shall take into
  423  consideration and be governed by the practical time limitations.
  424  Any candidate seeking to qualify by the petition process in a
  425  special primary election must shall obtain 25 percent of the
  426  signatures required by s. 99.095.
  427         (d) The qualifying fees and party assessments of such
  428  candidates as may qualify must shall be the same as collected
  429  for the same office at the last previous primary for that
  430  office. The party assessment must shall be paid to the
  431  appropriate executive committee of the political party to which
  432  the candidate belongs.
  433         (e) Each county canvassing board shall make as speedy a
  434  return of the result of such special primary elections and
  435  special elections as time will permit, and the Elections
  436  Canvassing Commission likewise shall make as speedy a canvass
  437  and declaration of the nominees as time will permit.
  438         Section 10. Subsection (1) of section 100.141, Florida
  439  Statutes, is amended to read:
  440         100.141 Notice of special election to fill any vacancy in
  441  office.—
  442         (1) Whenever a special election is required to fill any
  443  vacancy in office, the Governor, after consultation with the
  444  Secretary of State and the supervisor of elections of any
  445  affected county, shall issue an order declaring on what day the
  446  election shall be held and deliver the order to the Department
  447  of State. The Governor shall issue the order within 14 calendar
  448  days after the occurrence of the vacancy or, for vacancies
  449  arising due to a resignation under s. 99.012, within 14 calendar
  450  days after submittal of the written resignation to the Governor,
  451  whichever is sooner.
  452         Section 11. Paragraph (a) of subsection (7) of section
  453  100.371, Florida Statutes, is amended, and paragraph (c) is
  454  added to that subsection, to read:
  455         100.371 Initiatives; procedure for placement on ballot.—
  456         (7)(a) A sponsor that collects petition forms or uses a
  457  petition circulator to collect petition forms serves as a
  458  fiduciary to the elector signing the petition form, ensuring
  459  that any petition form entrusted to the petition circulator
  460  shall be promptly delivered to the supervisor of elections
  461  within 30 days after the elector signs the form.
  462         (a) If a petition form collected by any petition circulator
  463  is not promptly delivered to the supervisor of elections, the
  464  sponsor is liable for the following fines:
  465         1. A fine in the amount of $50 for each petition form
  466  received by the supervisor of elections more than 30 days after
  467  the elector signed the petition form or the next business day,
  468  if the office is closed. A fine in the amount of $250 for each
  469  petition form received if the sponsor or petition circulator
  470  acted willfully.
  471         2. A fine in the amount of $500 for each petition form
  472  collected by a petition circulator which is not submitted to the
  473  supervisor of elections. A fine in the amount of $1,000 for any
  474  petition form not submitted if the sponsor or petition
  475  circulator acted willfully.
  476         (c)A sponsor shall deliver petition forms to the
  477  supervisor grouped in batches by the petition circulator who
  478  collected them.
  479         Section 12. Section 100.51, Florida Statutes, is created to
  480  read:
  481         100.51General Election Day paid holiday.—In order to
  482  encourage civic participation, enable more individuals to serve
  483  as poll workers, and provide additional time for the resolution
  484  of any issues that arise while an elector is casting his or her
  485  vote, General Election Day shall be a paid holiday. An elector
  486  is entitled to absent himself or herself from any service or
  487  employment in which he or she is engaged or employed during the
  488  time the polls are open on General Election Day. An elector who
  489  absents himself or herself under this section may not be
  490  penalized in any way, and a deduction may not be made from his
  491  or her usual salary or wages on account of his or her absence.
  492         Section 13. Section 101.016, Florida Statutes, is created
  493  to read:
  494         101.016Strategic elections equipment reserve.—The Division
  495  of Elections shall maintain a strategic elections equipment
  496  reserve of voting systems that may be deployed in the event of
  497  an emergency as defined in s. 101.732 or upon the occurrence of
  498  equipment capacity issues due to unexpected voter turnout. The
  499  reserve must include tabulation equipment and any other
  500  necessary equipment, including, but not limited to, printers,
  501  which are in use by each supervisor of elections. In lieu of
  502  maintaining a physical reserve of such equipment, the division
  503  may contract with a vendor of voting equipment to provide such
  504  equipment on an as-needed basis.
  505         Section 14. Subsections (1) and (2) of section 101.048,
  506  Florida Statutes, are amended to read:
  507         101.048 Provisional ballots.—
  508         (1) At all elections, a voter claiming to be properly
  509  registered in this the state and eligible to vote at the
  510  precinct in the election but whose eligibility cannot be
  511  determined, a person whom an election official asserts is not
  512  eligible, and other persons specified in the code shall be
  513  entitled to vote a provisional ballot at any precinct in the
  514  county in which the voter claims to be registered. Once voted,
  515  the provisional ballot must shall be placed in a secrecy
  516  envelope and thereafter sealed in a provisional ballot envelope.
  517  The provisional ballot must shall be deposited in a ballot box.
  518  All provisional ballots must shall remain sealed in their
  519  envelopes for return to the supervisor of elections. The
  520  department shall prescribe the form of the provisional ballot
  521  envelope. A person casting a provisional ballot shall have the
  522  right to present written evidence supporting his or her
  523  eligibility to vote to the supervisor of elections by not later
  524  than 5 p.m. on the second day following the election.
  525         (2)(a) The county canvassing board shall examine each
  526  Provisional Ballot Voter’s Certificate and Affirmation to
  527  determine if the person voting that ballot was entitled to vote
  528  in the county in which at the precinct where the person cast a
  529  vote in the election and that the person had not already cast a
  530  ballot in the election. In determining whether a person casting
  531  a provisional ballot is entitled to vote, the county canvassing
  532  board shall review the information provided in the Voter’s
  533  Certificate and Affirmation, written evidence provided by the
  534  person pursuant to subsection (1), information provided in any
  535  cure affidavit and accompanying supporting documentation
  536  pursuant to subsection (6), any other evidence presented by the
  537  supervisor, and, in the case of a challenge, any evidence
  538  presented by the challenger. A ballot of a person casting a
  539  provisional ballot must shall be canvassed pursuant to paragraph
  540  (b) unless the canvassing board determines by a preponderance of
  541  the evidence that the person was not entitled to vote.
  542         (b) If it is determined that the person was registered and
  543  entitled to vote in the county in which at the precinct where
  544  the person cast a vote in the election, the canvassing board
  545  must compare the signature on the Provisional Ballot Voter’s
  546  Certificate and Affirmation or the provisional ballot cure
  547  affidavit with the signature on the voter’s registration or
  548  precinct register. A provisional ballot may be counted only if:
  549         1. The signature on the voter’s certificate or the cure
  550  affidavit matches the elector’s signature in the registration
  551  books or the precinct register; however, in the case of a cure
  552  affidavit, the supporting identification listed in subsection
  553  (6) must also confirm the identity of the elector; or
  554         2. The cure affidavit contains a signature that does not
  555  match the elector’s signature in the registration books or the
  556  precinct register, but the elector has submitted a current and
  557  valid Tier 1 form of identification confirming his or her
  558  identity pursuant to subsection (6).
  559  
  560  For purposes of this paragraph, any canvassing board finding
  561  that signatures do not match must be by majority vote and beyond
  562  a reasonable doubt.
  563         (c) Any provisional ballot not counted must remain in the
  564  envelope containing the Provisional Ballot Voter’s Certificate
  565  and Affirmation, and the envelope must shall be marked “Rejected
  566  as Illegal.”
  567         (d) If a provisional ballot is validated following the
  568  submission of a cure affidavit, the supervisor must make a copy
  569  of the affidavit, affix it to a voter registration application,
  570  and immediately process it as a valid request for a signature
  571  update pursuant to s. 98.077.
  572         Section 15. Paragraph (a) of subsection (2) and paragraph
  573  (a) of subsection (3) of section 101.151, Florida Statutes, are
  574  amended to read:
  575         101.151 Specifications for ballots.—
  576         (2)(a) The ballot must include the following office titles
  577  above the names of the candidates for the respective offices in
  578  the following order:
  579         1. The office titles of President and Vice President above
  580  the randomly ordered names of the candidates for President and
  581  Vice President of the United States nominated by the political
  582  party that received the highest vote for Governor in the last
  583  general election of the Governor in this state, followed by the
  584  names of other candidates for President and Vice President of
  585  the United States who have been properly nominated.
  586         2. The office titles of United States Senator and
  587  Representative in Congress.
  588         3. The office titles of Governor and Lieutenant Governor;
  589  Attorney General; Chief Financial Officer; Commissioner of
  590  Agriculture; Secretary of State; State Attorney, with the
  591  applicable judicial circuit; and Public Defender, with the
  592  applicable judicial circuit.
  593         4. The office titles of State Senator and State
  594  Representative, with the applicable district for the office
  595  printed beneath.
  596         5. The office titles of Clerk of the Circuit Court or, when
  597  the Clerk of the Circuit Court also serves as the County
  598  Comptroller, Clerk of the Circuit Court and Comptroller, when
  599  authorized by law; Clerk of the County Court, when authorized by
  600  law; Sheriff; Property Appraiser; Tax Collector; District
  601  Superintendent of Schools; and Supervisor of Elections.
  602         6. The office titles of Board of County Commissioners, with
  603  the applicable district printed beneath each office, and such
  604  other county and district offices as are involved in the
  605  election, in the order fixed by the Department of State,
  606  followed, in the year of their election, by “Party Offices,” and
  607  thereunder the offices of state and county party executive
  608  committee members.
  609         (3)(a) The names of the candidates of the party that
  610  received the highest number of votes for Governor in the last
  611  election in which a Governor was elected shall be ordered
  612  randomly placed first for each office on the general election
  613  ballot, together with an appropriate abbreviation of the party
  614  name; the names of the candidates of the party that received the
  615  second highest vote for Governor shall be placed second for each
  616  office, together with an appropriate abbreviation of the party
  617  name.
  618         Section 16. Subsection (6) is added to section 101.5612,
  619  Florida Statutes, to read:
  620         101.5612 Testing of tabulating equipment.—
  621         (6)The supervisor of elections shall annually file with
  622  the Secretary of State a detailed plan for operations in the
  623  event that maximum voter turnout occurs on election day and that
  624  a recount is required in each race on a ballot.
  625         Section 17. Paragraph (a) of subsection (1), subsection
  626  (2), and paragraph (c) of subsection (4) of section 101.62,
  627  Florida Statutes, are amended, and subsection (8) is added to
  628  that section, to read:
  629         101.62 Request for vote-by-mail ballots.—
  630         (1)(a) The supervisor shall accept a request for a vote-by
  631  mail ballot from an elector in person or in writing. One request
  632  is deemed sufficient to receive a vote-by-mail ballot for all
  633  elections until the elector or the elector’s designee notifies
  634  the supervisor that the elector cancels such request through the
  635  end of the calendar year of the next regularly scheduled general
  636  election, unless the elector or the elector’s designee indicates
  637  at the time the request is made the elections within such period
  638  for which the elector desires to receive a vote-by-mail ballot.
  639  Such request may be considered canceled when any first-class
  640  mail sent by the supervisor to the elector is returned as
  641  undeliverable.
  642         (2) A request for a vote-by-mail ballot to be mailed to a
  643  voter must be received no later than 5 p.m. on the 11th 10th day
  644  before the election by the supervisor. The supervisor shall mail
  645  vote-by-mail ballots to voters requesting ballots by such
  646  deadline no later than 8 days before the election.
  647         (4)
  648         (c) The supervisor shall provide a vote-by-mail ballot to
  649  each elector by whom a request for that ballot has been made by
  650  one of the following means:
  651         1. By nonforwardable, return-if-undeliverable mail to the
  652  elector’s current mailing address on file with the supervisor or
  653  any other address the elector specifies in the request.
  654         2. By forwardable mail, e-mail, or facsimile machine
  655  transmission to absent uniformed services voters and overseas
  656  voters. The absent uniformed services voter or overseas voter
  657  may designate in the vote-by-mail ballot request the preferred
  658  method of transmission. If the voter does not designate the
  659  method of transmission, the vote-by-mail ballot must shall be
  660  mailed.
  661         3. By personal delivery before 7 p.m. on election day to
  662  the elector, upon presentation of the identification required in
  663  s. 101.043.
  664         4. By delivery to a designee on election day or up to 11 9
  665  days before the day of an election. Any elector may designate,
  666  in writing, a person to pick up the ballot for the elector;
  667  however, the person designated may not pick up more than two
  668  vote-by-mail ballots per election, other than the designee’s own
  669  ballot, except that additional ballots may be picked up for
  670  members of the designee’s immediate family. For purposes of this
  671  section, “immediate family” means the designee’s spouse or the
  672  parent, child, grandparent, grandchild, or sibling of the
  673  designee or of the designee’s spouse. The designee shall provide
  674  to the supervisor the written authorization by the elector and a
  675  picture identification of the designee and must complete an
  676  affidavit. The designee shall state in the affidavit that the
  677  designee is authorized by the elector to pick up that ballot and
  678  shall indicate if the elector is a member of the designee’s
  679  immediate family and, if so, the relationship. The department
  680  shall prescribe the form of the affidavit. If the supervisor is
  681  satisfied that the designee is authorized to pick up the ballot
  682  and that the signature of the elector on the written
  683  authorization matches the signature of the elector on file, the
  684  supervisor shall give the ballot to that designee for delivery
  685  to the elector.
  686         5. Except as provided in s. 101.655, the supervisor may not
  687  deliver a vote-by-mail ballot to an elector or an elector’s
  688  immediate family member on the day of the election unless there
  689  is an emergency, to the extent that the elector will be unable
  690  to go to his or her assigned polling place. If a vote-by-mail
  691  ballot is delivered, the elector or his or her designee must
  692  shall execute an affidavit affirming to the facts which allow
  693  for delivery of the vote-by-mail ballot. The department shall
  694  adopt a rule providing for the form of the affidavit.
  695         (8)If a deadline under this section falls on a day when
  696  the office of the supervisor is usually closed, the deadline
  697  must be extended until the next business day.
  698         Section 18. Paragraph (a) of subsection (1) and subsection
  699  (2) of section 101.64, Florida Statutes, are amended to read:
  700         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  701         (1)(a) The supervisor shall enclose with each vote-by-mail
  702  ballot two envelopes: a secrecy envelope, into which the absent
  703  elector shall enclose his or her marked ballot; and a postage
  704  prepaid mailing envelope, into which the absent elector must
  705  shall then place the secrecy envelope, which must shall be
  706  addressed to the supervisor and also bear on the back side a
  707  certificate in substantially the following form:
  708           Note: Please Read Instructions Carefully Before         
  709         Marking Ballot and Completing Voter’s Certificate.        
  710                         VOTER’S CERTIFICATE                       
  711         I, ...., do solemnly swear or affirm that I am a qualified
  712  and registered voter of .... County, Florida, and that I have
  713  not and will not vote more than one ballot in this election. I
  714  understand that if I commit or attempt to commit any fraud in
  715  connection with voting, vote a fraudulent ballot, or vote more
  716  than once in an election, I can be convicted of a felony of the
  717  third degree and fined up to $5,000 and/or imprisoned for up to
  718  5 years. I also understand that failure to sign this certificate
  719  will invalidate my ballot.
  720  ...(Date)...	
  721  ...(Voter’s Signature or Last Four Digits of Social Security
  722  Number)...
  723  ...(E-Mail Address)...	...(Home Telephone Number)...
  724  ...(Mobile Telephone Number)...
  725         (2) The certificate must shall be arranged on the back of
  726  the mailing envelope so that the line for the signature or last
  727  four digits of the social security number of the absent elector
  728  is across the seal of the envelope; however, a no statement may
  729  not shall appear on the envelope which indicates that a
  730  signature or the last four digits of the social security number
  731  of the voter must cross the seal of the envelope. The absent
  732  elector must shall execute the certificate on the envelope.
  733         Section 19. Section 101.65, Florida Statutes, is amended to
  734  read:
  735         101.65 Instructions to absent electors.—The supervisor
  736  shall enclose with each vote-by-mail ballot separate printed
  737  instructions in substantially the following form; however, where
  738  the instructions appear in capitalized text, the text of the
  739  printed instructions must be in bold font:
  740                  READ THESE INSTRUCTIONS CAREFULLY                
  741                       BEFORE MARKING BALLOT.                      
  742         1. VERY IMPORTANT. In order to ensure that your vote-by
  743  mail ballot will be counted, it should be completed and returned
  744  as soon as possible so that it can reach the supervisor of
  745  elections of the county in which your precinct is located no
  746  later than 7 p.m. on the day of the election. However, if you
  747  are an overseas voter casting a ballot in a presidential
  748  preference primary or general election, your vote-by-mail ballot
  749  must be postmarked or dated no later than the date of the
  750  election and received by the supervisor of elections of the
  751  county in which you are registered to vote no later than 10 days
  752  after the date of the election. Note that the later you return
  753  your ballot, the less time you will have to cure any signature
  754  deficiencies, which may cause your ballot not to be counted is
  755  authorized until 5 p.m. on the 2nd day after the election.
  756         2. Mark your ballot in secret as instructed on the ballot.
  757  You must mark your own ballot unless you are unable to do so
  758  because of blindness, disability, or inability to read or write.
  759         3. Mark only the number of candidates or issue choices for
  760  a race as indicated on the ballot. If you are allowed to “Vote
  761  for One” candidate and you vote for more than one candidate,
  762  your vote in that race will not be counted.
  763         4. Place your marked ballot in the enclosed secrecy
  764  envelope.
  765         5. Insert the secrecy envelope into the enclosed mailing
  766  envelope which is addressed to the supervisor.
  767         6. Seal the mailing envelope and completely fill out the
  768  Voter’s Certificate on the back of the mailing envelope.
  769         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
  770  be counted, you must sign your name or print the last four
  771  digits of your social security number on the line above (Voter’s
  772  Signature or Last Four Digits of Social Security Number). A
  773  vote-by-mail ballot will be considered illegal and not be
  774  counted if the signature or the last four digits of the social
  775  security number on the voter’s certificate do does not match the
  776  signature or social security number on record. The signature on
  777  file at the time the supervisor of elections in the county in
  778  which your precinct is located receives your vote-by-mail ballot
  779  is the signature that will be used to verify your signature on
  780  the voter’s certificate. If you need to update your signature
  781  for this election, send your signature update on a voter
  782  registration application to your supervisor of elections so that
  783  it is received before your vote-by-mail ballot is received.
  784         8. VERY IMPORTANT. If you are an overseas voter, you must
  785  include the date you signed the Voter’s Certificate or printed
  786  the last four digits of your social security number on the line
  787  above (Date) or your ballot may not be counted.
  788         9. Mail, deliver, or have delivered the completed mailing
  789  envelope. Be sure there is sufficient postage if mailed. THE
  790  COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
  791  SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
  792  LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE
  793  STATION, AVAILABLE AT EACH EARLY VOTING LOCATION.
  794         10. FELONY NOTICE. It is a felony under Florida law to
  795  accept any gift, payment, or gratuity in exchange for your vote
  796  for a candidate. It is also a felony under Florida law to vote
  797  in an election using a false identity or false address, or under
  798  any other circumstances making your ballot false or fraudulent.
  799         Section 20. Subsection (1), paragraph (c) of subsection
  800  (2), and paragraphs (a), (c), and (d) of subsection (4) of
  801  section 101.68, Florida Statutes, are amended to read:
  802         101.68 Canvassing of vote-by-mail ballot.—
  803         (1) The supervisor of the county where the absent elector
  804  resides shall receive the voted ballot, at which time the
  805  supervisor shall compare the signature or last four digits of
  806  the social security number of the elector on the voter’s
  807  certificate with the signature or last four digits of the social
  808  security number of the elector in the registration books or the
  809  precinct register to determine whether the elector is duly
  810  registered in the county and must record on the elector’s
  811  registration record that the elector has voted. During the
  812  signature comparison process, the supervisor may not use any
  813  knowledge of the political affiliation of the voter whose
  814  signature is subject to verification. An elector who dies after
  815  casting a vote-by-mail ballot but on or before election day must
  816  shall remain listed in the registration books until the results
  817  have been certified for the election in which the ballot was
  818  cast. The supervisor shall safely keep the ballot unopened in
  819  his or her office until the county canvassing board canvasses
  820  the vote. Except as provided in subsection (4), after a vote-by
  821  mail ballot is received by the supervisor, the ballot is deemed
  822  to have been cast, and changes or additions may not be made to
  823  the voter’s certificate.
  824         (2)
  825         (c)1. The canvassing board must, if the supervisor has not
  826  already done so, compare the signature or last four digits of
  827  the social security number of the elector on the voter’s
  828  certificate or on the vote-by-mail ballot cure affidavit as
  829  provided in subsection (4) with the signature or last four
  830  digits of the social security number of the elector in the
  831  registration books or the precinct register to see that the
  832  elector is duly registered in the county and to determine the
  833  legality of that vote-by-mail ballot. A vote-by-mail ballot may
  834  only be counted if:
  835         a. The signature or last four digits of the social security
  836  number on the voter’s certificate or the cure affidavit match
  837  matches the elector’s signature or last four digits of the
  838  social security number in the registration books or precinct
  839  register; however, in the case of a cure affidavit, the
  840  supporting identification listed in subsection (4) must also
  841  confirm the identity of the elector; or
  842         b. The cure affidavit contains a signature or last four
  843  digits of the social security number which do that does not
  844  match the elector’s signature or last four digits of the social
  845  security number in the registration books or precinct register,
  846  but the elector has submitted a current and valid Tier 1
  847  identification pursuant to subsection (4) which confirms the
  848  identity of the elector.
  849  
  850  For purposes of this subparagraph, any canvassing board finding
  851  that an elector’s signatures or last four digits of the social
  852  security numbers do not match must be by majority vote and
  853  beyond a reasonable doubt.
  854         2. The ballot of an elector who casts a vote-by-mail ballot
  855  shall be counted even if the elector dies on or before election
  856  day, as long as, before the death of the voter, the ballot was
  857  postmarked by the United States Postal Service, date-stamped
  858  with a verifiable tracking number by a common carrier, or
  859  already in the possession of the supervisor.
  860         3. A vote-by-mail ballot is not considered illegal if the
  861  signature or last four digits of the social security number of
  862  the elector do does not cross the seal of the mailing envelope.
  863         4. If any elector or candidate present believes that a
  864  vote-by-mail ballot is illegal due to a defect apparent on the
  865  voter’s certificate or the cure affidavit, he or she may, at any
  866  time before the ballot is removed from the envelope, file with
  867  the canvassing board a protest against the canvass of that
  868  ballot, specifying the precinct, the voter’s certificate or the
  869  cure affidavit, and the reason he or she believes the ballot to
  870  be illegal. A challenge based upon a defect in the voter’s
  871  certificate or cure affidavit may not be accepted after the
  872  ballot has been removed from the mailing envelope.
  873         5. If the canvassing board determines that a ballot is
  874  illegal, a member of the board must, without opening the
  875  envelope, mark across the face of the envelope: “rejected as
  876  illegal.” The cure affidavit, if applicable, the envelope, and
  877  the ballot therein must shall be preserved in the manner that
  878  official ballots are preserved.
  879         (4)(a) As soon as practicable, the supervisor shall, on
  880  behalf of the county canvassing board, attempt to notify an
  881  elector who has returned a vote-by-mail ballot that does not
  882  include the elector’s signature or last four digits of the
  883  social security number or contains a signature or last four
  884  digits of the social security number that do does not match the
  885  elector’s signature or last four digits of the social security
  886  number in the registration books or precinct register by:
  887         1. Notifying the elector of the signature or last four
  888  digits of the social security number deficiency by e-mail and
  889  directing the elector to the cure affidavit and instructions on
  890  the supervisor’s website;
  891         2. Notifying the elector of the signature or last four
  892  digits of the social security number deficiency by text message
  893  and directing the elector to the cure affidavit and instructions
  894  on the supervisor’s website; or
  895         3. Notifying the elector of the signature or last four
  896  digits of the social security number deficiency by telephone and
  897  directing the elector to the cure affidavit and instructions on
  898  the supervisor’s website.
  899  
  900  In addition to the notification required under subparagraph 1.,
  901  subparagraph 2., or subparagraph 3., the supervisor must notify
  902  the elector of the signature or last four digits of the social
  903  security number deficiency by first-class mail and direct the
  904  elector to the cure affidavit and instructions on the
  905  supervisor’s website. Beginning the day before the election, the
  906  supervisor is not required to provide notice of the signature
  907  deficiency by first-class mail, but shall continue to provide
  908  notice as required under subparagraph 1., subparagraph 2., or
  909  subparagraph 3.
  910         (c) The elector must complete a cure affidavit in
  911  substantially the following form:
  912                 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT                
  913         I, ...., am a qualified voter in this election and
  914  registered voter of .... County, Florida. I do solemnly swear or
  915  affirm that I requested and returned the vote-by-mail ballot and
  916  that I have not and will not vote more than one ballot in this
  917  election. I understand that if I commit or attempt any fraud in
  918  connection with voting, vote a fraudulent ballot, or vote more
  919  than once in an election, I may be convicted of a felony of the
  920  third degree and fined up to $5,000 and imprisoned for up to 5
  921  years. I understand that my failure to sign this affidavit means
  922  that my vote-by-mail ballot will be invalidated.
  923  ...(Voter’s Signature or Last Four Digits of Social Security
  924  Number)...
  925  ...(Address)...
  926         (d) Instructions must accompany the cure affidavit in
  927  substantially the following form:
  928         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  929  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  930  BALLOT NOT TO COUNT.
  931         1. In order to ensure that your vote-by-mail ballot will be
  932  counted, your affidavit should be completed and returned as soon
  933  as possible so that it can reach the supervisor of elections of
  934  the county in which your precinct is located no later than 5
  935  p.m. on the 2nd day after the election.
  936         2. You must sign your name or print the last four digits of
  937  your social security number on the line above (Voter’s Signature
  938  or Last Four Digits of Social Security Number).
  939         3. You must make a copy of one of the following forms of
  940  identification:
  941         a. Tier 1 identification.—Current and valid identification
  942  that includes your name and photograph: Florida driver license;
  943  Florida identification card issued by the Department of Highway
  944  Safety and Motor Vehicles; United States passport; debit or
  945  credit card; military identification; student identification;
  946  retirement center identification; neighborhood association
  947  identification; public assistance identification; veteran health
  948  identification card issued by the United States Department of
  949  Veterans Affairs; a Florida license to carry a concealed weapon
  950  or firearm; or an employee identification card issued by any
  951  branch, department, agency, or entity of the Federal Government,
  952  the state, a county, or a municipality; or
  953         b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
  954  FORM OF IDENTIFICATION, identification that shows your name and
  955  current residence address: current utility bill, bank statement,
  956  government check, paycheck, or government document (excluding
  957  voter information card).
  958         4. Place the envelope bearing the affidavit into a mailing
  959  envelope addressed to the supervisor. Insert a copy of your
  960  identification in the mailing envelope. Mail (if time permits),
  961  deliver, or have delivered the completed affidavit along with
  962  the copy of your identification to your county supervisor of
  963  elections. Be sure there is sufficient postage if mailed and
  964  that the supervisor’s address is correct. Remember, your
  965  information MUST reach your county supervisor of elections no
  966  later than 5 p.m. on the 2nd day after the election, or your
  967  ballot will not count.
  968         5. Alternatively, you may fax or e-mail your completed
  969  affidavit and a copy of your identification to the supervisor of
  970  elections. If e-mailing, please provide these documents as
  971  attachments.
  972         Section 21. Section 101.6952, Florida Statutes, is amended
  973  to read:
  974         101.6952 Vote-by-mail ballots for absent uniformed services
  975  and overseas voters.—
  976         (1) If an absent uniformed services voter’s or an overseas
  977  voter’s request for an official vote-by-mail ballot pursuant to
  978  s. 101.62 includes an e-mail address, the supervisor of
  979  elections must shall:
  980         (a) Record the voter’s e-mail address in the vote-by-mail
  981  ballot record;
  982         (b) Confirm by e-mail that the vote-by-mail ballot request
  983  was received and include in that e-mail the estimated date the
  984  vote-by-mail ballot will be sent to the voter; and
  985         (c) Notify the voter by e-mail when the voted vote-by-mail
  986  ballot is received by the supervisor of elections.
  987         (2)(a) An absent uniformed services voter or an overseas
  988  voter who makes timely application for but does not receive an
  989  official vote-by-mail ballot may use the federal write-in
  990  absentee ballot to vote in any federal, state, or local
  991  election.
  992         (b)1. In an election for federal office, an elector may
  993  designate a candidate by writing the name of a candidate on the
  994  ballot. Except for a primary or special primary election, the
  995  elector may alternatively designate a candidate by writing the
  996  name of a political party on the ballot. A written designation
  997  of the political party must shall be counted as a vote for the
  998  candidate of that party if there is such a party candidate in
  999  the race.
 1000         2. In a state or local election, an elector may vote in the
 1001  section of the federal write-in absentee ballot designated for
 1002  nonfederal races by writing on the ballot the title of each
 1003  office and by writing on the ballot the name of the candidate
 1004  for whom the elector is voting. Except for a primary, special
 1005  primary, or nonpartisan election, the elector may alternatively
 1006  designate a candidate by writing the name of a political party
 1007  on the ballot. A written designation of the political party must
 1008  shall be counted as a vote for the candidate of that party if
 1009  there is such a party candidate in the race. In addition, the
 1010  elector may vote on any ballot measure presented in such
 1011  election by identifying the ballot measure on which he or she
 1012  desires to vote and specifying his or her vote on the measure.
 1013  For purposes of this section, a vote cast in a judicial merit
 1014  retention election must shall be treated in the same manner as a
 1015  ballot measure in which the only allowable responses are “Yes”
 1016  or “No.”
 1017         (c) In the case of a joint candidacy, such as for the
 1018  offices of President/Vice President or Governor/Lieutenant
 1019  Governor, a valid vote for one or both qualified candidates on
 1020  the same ticket constitutes shall constitute a vote for the
 1021  joint candidacy.
 1022         (d) For purposes of this subsection and except when the
 1023  context clearly indicates otherwise, such as when a candidate in
 1024  the election is affiliated with a political party whose name
 1025  includes the word “Independent,” “Independence,” or a similar
 1026  term, a voter designation of “No Party Affiliation” or
 1027  “Independent,” or any minor variation, misspelling, or
 1028  abbreviation thereof, shall be considered a designation for the
 1029  candidate, other than a write-in candidate, who qualified to run
 1030  in the race with no party affiliation. If more than one
 1031  candidate qualifies to run as a candidate with no party
 1032  affiliation, the designation may not count for any candidate
 1033  unless there is a valid, additional designation of the
 1034  candidate’s name.
 1035         (e) Any abbreviation, misspelling, or other minor variation
 1036  in the form of the name of an office, the name of a candidate,
 1037  the ballot measure, or the name of a political party must be
 1038  disregarded in determining the validity of the ballot.
 1039         (3)(a) An absent uniformed services voter or an overseas
 1040  voter who submits a federal write-in absentee ballot and later
 1041  receives an official vote-by-mail ballot may submit the official
 1042  vote-by-mail ballot. An elector who submits a federal write-in
 1043  absentee ballot and later receives and submits an official vote
 1044  by-mail ballot should make every reasonable effort to inform the
 1045  appropriate supervisor of elections that the elector has
 1046  submitted more than one ballot.
 1047         (b) A federal write-in absentee ballot may not be canvassed
 1048  until 7 p.m. on the day of the election. A federal write-in
 1049  absentee ballot from an absent overseas voter in a presidential
 1050  preference primary or general election may not be canvassed
 1051  until the conclusion of the 10-day period specified in
 1052  subsection (5). Each federal write-in absentee ballot received
 1053  by 7 p.m. on the day of the election must shall be canvassed
 1054  pursuant to ss. 101.5614(4) and 101.68, unless the elector’s
 1055  official vote-by-mail ballot is received by 7 p.m. on election
 1056  day. Each federal write-in absentee ballot from an absent
 1057  overseas voter in a presidential preference primary or general
 1058  election received by 10 days after the date of the election must
 1059  shall be canvassed pursuant to ss. 101.5614(4) and 101.68,
 1060  unless the absent overseas voter’s official vote-by-mail ballot
 1061  is received by 10 days after the date of the election. If the
 1062  elector’s official vote-by-mail ballot is received by 7 p.m. on
 1063  election day, or, for an overseas voter in a presidential
 1064  preference primary or general election, no later than 10 days
 1065  after the date of the election, the federal write-in absentee
 1066  ballot is invalid and the official vote-by-mail ballot must
 1067  shall be canvassed. The time shall be regulated by the customary
 1068  time in standard use in the county seat of the locality.
 1069         (4) For vote-by-mail ballots received from absent uniformed
 1070  services voters or overseas voters, there is a presumption that
 1071  the envelope was mailed on the date stated on the outside of the
 1072  return envelope, regardless of the absence of a postmark on the
 1073  mailed envelope or the existence of a postmark date that is
 1074  later than the date of the election.
 1075         (5) A vote-by-mail ballot from an absent overseas voter in
 1076  any presidential preference primary or general election which is
 1077  postmarked or dated no later than the date of the election and
 1078  is received by the supervisor of elections of the county in
 1079  which the absent overseas voter is registered no later than 10
 1080  days after the date of the election must shall be counted as
 1081  long as the vote-by-mail ballot is otherwise proper.
 1082         Section 22. Subsection (6) is added to section 101.71,
 1083  Florida Statutes, to read:
 1084         101.71 Polling place.—
 1085         (6)A polling place may not be located within a gated
 1086  community unless the legal residence of every elector in the
 1087  precinct is within such gated community.
 1088         Section 23. Paragraph (f) is added to subsection (4) and
 1089  subsection (6) is added to section 102.031, Florida Statutes, to
 1090  read:
 1091         102.031 Maintenance of good order at polls; authorities;
 1092  persons allowed in polling rooms and early voting areas;
 1093  unlawful solicitation of voters.—
 1094         (4)
 1095         (f)A person may provide food, water, or other items,
 1096  including, but not limited to, over-the-counter medication,
 1097  chairs, fans, and umbrellas or other rain gear, to voters
 1098  standing in line to vote outside the no-solicitation zone.
 1099         (6)Bullhorns or other devices used to amplify sound are
 1100  prohibited in close proximity to:
 1101         (a)A polling place during voting hours.
 1102         (b)An office of the supervisor during a recount.
 1103         Section 24. Subsection (2) of section 102.111, Florida
 1104  Statutes, is amended to read:
 1105         102.111 Elections Canvassing Commission.—
 1106         (2) The Elections Canvassing Commission shall meet at 9
 1107  a.m. on the 9th day after a primary election to certify the
 1108  returns for each federal, state, and multicounty office. The
 1109  commission shall meet and at 9 a.m. on the 14th day after a
 1110  general election to certify the returns of the election for each
 1111  federal, state, and multicounty office. The commission shall
 1112  meet at 9 a.m. on the 21st day after a general election to
 1113  certify the returns for each federal and state office. If a
 1114  member of a county canvassing board that was constituted
 1115  pursuant to s. 102.141 determines, within 5 days after the
 1116  certification by the Elections Canvassing Commission, that a
 1117  typographical error occurred in the official returns of the
 1118  county, the correction of which could result in a change in the
 1119  outcome of an election, the county canvassing board must certify
 1120  corrected returns to the Department of State within 24 hours,
 1121  and the Elections Canvassing Commission must correct and
 1122  recertify the election returns as soon as practicable.
 1123         Section 25. Subsection (2) of section 102.112, Florida
 1124  Statutes, is amended to read:
 1125         102.112 Deadline for submission of county returns to the
 1126  Department of State.—
 1127         (2) Returns must be filed by 5 p.m. on the 7th day
 1128  following a primary election, and by noon on the 12th day
 1129  following the general election for multicounty offices, and by
 1130  noon on the 19th day following the general election for federal
 1131  and statewide offices. However, the Department of State may
 1132  correct typographical errors, including the transposition of
 1133  numbers, in any returns submitted to the Department of State
 1134  pursuant to s. 102.111(2).
 1135         Section 26. Section 102.181, Florida Statutes, is created
 1136  to read:
 1137         102.181Action against supervisor of elections.—
 1138         (1)Any elector qualified to vote in or any candidate for
 1139  office in an election may file an action against the supervisor
 1140  of elections administering such election for noncompliance with
 1141  any provision of this code.
 1142         (2)Any elector or candidate who files such an action is
 1143  entitled to an immediate hearing.
 1144         (3)In any such action, any filing fees or costs must be
 1145  waived, and attorney fees must be awarded to the prevailing
 1146  party or parties.
 1147         Section 27. This act shall take effect July 1, 2023.
 1148  
 1149  ================= T I T L E  A M E N D M E N T ================
 1150  And the title is amended as follows:
 1151         Delete everything before the enacting clause
 1152  and insert:
 1153                        A bill to be entitled                      
 1154         An act relating to elections; amending s. 20.10, F.S.;
 1155         requiring the Secretary of State to be elected rather
 1156         than appointed; specifying when such election must
 1157         occur; amending s. 97.053, F.S.; requiring an
 1158         applicant to designate a party affiliation or select
 1159         “no party affiliation” to be registered to vote;
 1160         requiring a supervisor of elections to provide a
 1161         certain notification; requiring the voter registration
 1162         application to include certain information; creating
 1163         s. 97.0556, F.S.; authorizing a person who meets
 1164         certain requirements to register to vote at an early
 1165         voting site or at his or her polling place and to
 1166         immediately thereafter cast a ballot; amending s.
 1167         97.057, F.S.; authorizing the Department of Highway
 1168         Safety and Motor Vehicles to preregister certain
 1169         individuals to vote; providing that driver license or
 1170         identification card applications, driver license or
 1171         identification card renewal applications, and
 1172         applications for changes of address for existing
 1173         driver licenses or identification cards submitted to
 1174         the department serve as voter registration
 1175         applications; providing that an applicant is deemed to
 1176         have consented to the use of his or her signature for
 1177         voter registration purposes unless a declination is
 1178         made; requiring specified applications to include a
 1179         voter registration component, subject to approval by
 1180         the Department of State; providing requirements for
 1181         the voter registration component; requiring the
 1182         Department of Highway Safety and Motor Vehicles to
 1183         electronically transmit voter registration information
 1184         to the Department of State within a specified
 1185         timeframe; requiring the Department of State to
 1186         provide such information to supervisors of elections,
 1187         as applicable; deleting obsolete language; making
 1188         technical changes; amending s. 97.0575, F.S.; revising
 1189         certain penalties for third-party voter registration
 1190         organizations; deleting the aggregate limit of such
 1191         penalties; amending s. 98.045, F.S.; conforming a
 1192         cross-reference; amending s. 98.065, F.S.; revising
 1193         requirements for registration list maintenance
 1194         programs; requiring supervisors to designate voters as
 1195         inactive if certain conditions are met; prohibiting
 1196         the number of voters on the inactive list from being
 1197         used to calculate the number of signatures necessary
 1198         for a petition; providing conditions under which a
 1199         voter on the inactive list may be restored to the
 1200         active list; requiring an inactive voter’s name to be
 1201         removed from the statewide voter registration system
 1202         if certain conditions are met; providing requirements
 1203         for such inactive voter to have his or her name
 1204         restored to the system; amending s. 99.061, F.S.;
 1205         authorizing a candidate to pay his or her
 1206         qualification fee with a cashier’s check; amending
 1207         100.111, F.S.; requiring the Governor to consult with
 1208         affected supervisors of elections in fixing the dates
 1209         for special elections; requiring the Governor, in the
 1210         event of a vacancy in a state legislative office, to
 1211         limit the period of such vacancy during a regular
 1212         legislative session to the greatest extent possible in
 1213         fixing a special election date; requiring the Governor
 1214         to fix the date for a special election to be held
 1215         within a certain timeframe; revising the minimum time
 1216         between a special primary election and a special
 1217         election; amending s. 100.141, F.S.; requiring the
 1218         Governor to issue an order calling for a special
 1219         election within a certain timeframe; conforming a
 1220         provision to changes made by the act; amending s.
 1221         100.371, F.S.; providing a requirement for the
 1222         delivery of certain petition forms; creating s.
 1223         100.51, F.S.; establishing General Election Day as a
 1224         paid holiday; providing that an elector may absent
 1225         himself or herself from service or employment at a
 1226         specific time on a General Election Day and may not be
 1227         penalized or have salary or wages reduced for such
 1228         absence; creating s. 101.016, F.S.; requiring the
 1229         Division of Elections to maintain a strategic
 1230         elections equipment reserve of voting systems and
 1231         other equipment for specified purposes; requiring such
 1232         reserve to include specified equipment; authorizing
 1233         the division to contract with specified entities
 1234         rather than physically maintain such reserve; amending
 1235         s. 101.048, F.S.; providing that a voter may cast a
 1236         provisional vote at any precinct in the county in
 1237         which the voter claims to be registered; amending s.
 1238         101.151, F.S.; revising the order in which office
 1239         titles and names of candidates are placed on the
 1240         ballot; conforming provisions to changes made by the
 1241         act; amending s. 101.5612, F.S.; requiring supervisors
 1242         of elections to annually file a plan for operations
 1243         under certain conditions; amending s. 101.62, F.S.;
 1244         providing that a request for a vote-by-mail ballot is
 1245         valid until such request is canceled; revising the
 1246         deadline by which requests for vote-by-mail ballots
 1247         must be received by a supervisor of elections;
 1248         revising the period during which a supervisor of
 1249         elections may deliver certain ballots; deleting
 1250         requirements for a person designated by an elector to
 1251         pick up the elector’s vote-by-mail ballot; providing
 1252         for extension of deadlines under certain conditions;
 1253         amending s. 101.64, F.S.; requiring supervisors of
 1254         elections to enclose a postage prepaid mailing
 1255         envelope with each vote-by-mail ballot; providing that
 1256         vote-by-mail ballot voter certificates may be signed
 1257         with the last four digits of the voter’s social
 1258         security number; amending s. 101.65, F.S.; revising
 1259         instructions that must be provided with a vote-by-mail
 1260         ballot; amending s. 101.68, F.S.; requiring
 1261         supervisors of elections to compare the signature or
 1262         last four digits of the social security number on a
 1263         voter’s certificate with the signature or last four
 1264         digits of the social security number in the
 1265         registration books or precinct register when
 1266         canvassing a vote-by-mail ballot; requiring a
 1267         canvassing board to compare the signature or last four
 1268         digits of the social security number on a voter’s
 1269         certificate or cure affidavit with the signature or
 1270         last four digits of the social security number in the
 1271         registration books or precinct register when
 1272         canvassing a vote-by-mail ballot; deleting the
 1273         authorization for certain persons to file a protest
 1274         against the canvass of a ballot; amending s. 101.6952,
 1275         F.S.; authorizing an absent voter to submit a federal
 1276         write-in absentee ballot or vote-by-mail ballot;
 1277         revising requirements for the canvassing of specified
 1278         ballots; providing that a certain presumption applies
 1279         to vote-by-mail ballots received from absent voters;
 1280         requiring a vote-by-mail ballot from an absent voter
 1281         which is postmarked or dated by a certain date to be
 1282         counted; amending s. 101.71, F.S.; prohibiting a
 1283         polling place from being located within a gated
 1284         community unless certain conditions are met; amending
 1285         s. 102.031, F.S.; authorizing a person to provide
 1286         food, water, or other items to certain voters;
 1287         prohibiting the use of devices that amplify sound in
 1288         certain locations during certain hours; amending s.
 1289         102.111, F.S.; revising the dates by which the
 1290         Elections Canvassing Commission must certify certain
 1291         election returns; amending s. 102.112, F.S.; revising
 1292         the deadlines for submission of county returns to the
 1293         Department of State; creating s. 102.181, F.S.;
 1294         authorizing certain persons to file actions against a
 1295         supervisor of elections for noncompliance with the
 1296         election code; providing that such persons are
 1297         entitled to an immediate hearing; providing for the
 1298         waiver of fees and costs and the awarding of attorney
 1299         fees; providing an effective date.