Florida Senate - 2024 SB 1752
By Senator Ingoglia
11-00760B-24 20241752__
1 A bill to be entitled
2 An act relating to elections; amending s. 101.5605,
3 F.S.; prohibiting the Department of State from
4 approving certain voting systems; amending s.
5 101.5607, F.S.; requiring the department to make
6 certain information and materials available to the
7 public on its website within a certain timeframe;
8 deleting a provision specifying applicability of a
9 public records exemption to certain software on file
10 with the department; creating s. 101.592, F.S.;
11 requiring the county canvassing board to conduct a
12 manual count in certain precincts before certification
13 of certain elections; providing for the random
14 selection of precincts subject to the manual count by
15 the Secretary of State; requiring the Secretary of
16 State to inform the county canvassing board of the
17 randomly selected precincts in advance of the
18 election; prohibiting the disclosure of the randomly
19 selected precincts before election day; specifying
20 requirements for the manual count; requiring specified
21 public access and notice to the manual count;
22 specifying applicable procedures for the manual count;
23 providing duties of the county canvassing board in
24 conducting the manual count; requiring the Secretary
25 of State to order a countywide manual recount if
26 certain conditions are met; providing applicability;
27 authorizing the Secretary of State to make certain
28 referrals to the Office of Election Crimes and
29 Security for investigation; amending s. 101.62, F.S.;
30 providing limitations on a voter’s eligibility for
31 requesting a vote-by-mail ballot; providing that a
32 vote-by-mail ballot request is limited to a single
33 election; requiring a person making a vote-by-mail
34 ballot request to disclose the absent voter’s basis
35 for voting by mail; conforming provisions to changes
36 made by the act; amending s. 101.64, F.S.; revising
37 the voter’s certificate on the vote-by-mail mailing
38 envelope to conform to changes made by the act;
39 amending s. 101.65, F.S.; revising instructions to
40 absent electors to conform to changes made by the act;
41 amending s. 101.657, F.S.; revising the timeframe
42 during which early voting must be provided by the
43 supervisor of elections; amending s. 101.662, F.S.;
44 conforming provisions to changes made by the act;
45 amending s. 101.69, F.S.; deleting authorization for
46 the placement of secure ballot intake stations at
47 early voting sites and sites that would otherwise
48 qualify as an early voting site; conforming provisions
49 to changes made by the act; amending s. 101.6921,
50 F.S.; revising the voter’s certificate on the mailing
51 envelope of special vote-by-mail ballots to certain
52 first-time voters to conform to changes made by the
53 act; amending ss. 101.6103 and 101.694, F.S.;
54 conforming cross-references; rescinding vote-by-mail
55 ballot requests for certain elections as of a
56 specified date; requiring a supervisor of elections to
57 provide certain notice to voters with pending vote-by
58 mail ballot requests; specifying requirements for such
59 notice; providing applicability; requiring the
60 department to initiate emergency rulemaking for a
61 specified purpose within a certain timeframe;
62 specifying the duration of any emergency rules
63 adopted; providing an effective date.
64
65 Be It Enacted by the Legislature of the State of Florida:
66
67 Section 1. Subsection (5) is added to section 101.5605,
68 Florida Statutes, to read:
69 101.5605 Examination and approval of equipment.—
70 (5) The Department of State may not approve any voting
71 system that:
72 (a) Incorporates hardware or software designed, produced,
73 owned, or licensed by an entity that is owned, operated, or
74 majority-controlled by a company outside of the United States or
75 a domestic company registered in another country, including a
76 domesticated foreign corporation, or by a person who is not a
77 United States citizen;
78 (b) Is produced, in whole or in part, including software,
79 hardware, tabulating equipment, printers, and any other
80 accessories, in a foreign country; or
81 (c) Uses software that is not open-source and not available
82 for inspection by the public.
83 Section 2. Section 101.5607, Florida Statutes, is amended
84 to read:
85 101.5607 Department of State to maintain voting system
86 information; prepare software.—
87 (1)(a) Copies of the program codes and the user and
88 operator manuals and copies of all software and any other
89 information, specifications, or documentation required by the
90 Department of State relating to an approved electronic or
91 electromechanical voting system and its equipment must be filed
92 with the Department of State by the supervisor of elections at
93 the time of purchase or implementation. Any such information or
94 materials that are not on file with and approved by the
95 Department of State, including any updated or modified
96 materials, may not be used in an election. Such information and
97 materials must be made available to the public on the Department
98 of State’s website at least 3 months before an election in which
99 it will be used.
100 (b) Within 24 hours after the completion of any logic and
101 accuracy test conducted pursuant to s. 101.5612, the supervisor
102 of elections shall send by certified mail to the Department of
103 State a copy of the tabulation program which was used in the
104 logic and accuracy testing.
105 (c) The Department of State may, at any time, review the
106 voting system of any county to ensure compliance with the
107 Electronic Voting Systems Act.
108 (d) Section 119.071(1)(f) applies to all software on file
109 with the Department of State.
110 (2)(a) The Department of State may develop software for use
111 with an electronic or electromechanical voting system. The
112 standards and examination procedures developed for software
113 apply to all software developed by the Department of State.
114 (b) Software prepared, and software filed with the
115 Department of State pursuant to paragraph (1)(a), by the
116 Department of State is a public record pursuant to chapter 119
117 and shall be provided at the actual cost of duplication.
118 Section 3. Section 101.592, Florida Statutes, is created to
119 read:
120 101.592 Manual count.—
121 (1)(a) Before the county canvassing board certifies the
122 results of an election with state or federal races, the county
123 canvassing board shall conduct a manual count of the votes of
124 two precincts per county which are randomly selected by the
125 Secretary of State. The Secretary of State shall inform the
126 county canvassing board of the randomly selected precincts at
127 least 15 days before the election.
128 (b) The precincts randomly selected by the Secretary of
129 State may not be publicly announced before the close of polls on
130 election day.
131 (2)(a) A manual count consists of a count of all election
132 day marksense ballots or of digital images of those ballots by
133 an individual. A manual count must include a tally of the
134 election day votes cast across every race and ballot measure
135 that appear on the ballot in each of the two precincts randomly
136 selected by the Secretary of State.
137 (b) The manual count must be open to the public, and the
138 county canvassing board shall post a notice of the manual count,
139 including the date, time, and place of such count, in four
140 conspicuous places in the county and on the homepage of the
141 supervisor of election’s website.
142 (3) A vote for a candidate or ballot measure must be
143 counted if there is a clear indication on the ballot that the
144 voter has made a definite choice consistent with the parameters
145 set forth in s. 102.166(4) and the specific rules adopted by the
146 department pursuant to that section.
147 (4) Procedures for a manual count must adhere to the
148 procedures set forth in s. 102.166(5) and the rules adopted by
149 the department pursuant to that section.
150 (5)(a) The canvassing board for each county must compare
151 the results of the manual count in each randomly selected
152 precinct to the precinct vote totals provided for in s. 102.071.
153 The results of the manual count must be reported to the
154 Secretary of State no later than noon on the third day after any
155 primary election and no later than noon on the fifth day after
156 any general or other election.
157 (b) If the difference in the vote counts between the manual
158 count and the precinct vote total provided for in s. 102.071 for
159 a race or ballot measure is enough to change the outcome of a
160 race or ballot measure when extrapolated across all precincts
161 where the race or ballot measure appeared on the ballot, the
162 Secretary of State must order a countywide manual recount of all
163 election-day, vote-by-mail, early voting, provisional, and
164 overseas ballots cast in the county for the race or ballot
165 measure. The results of the manual recount must be the certified
166 election results. This paragraph does not apply to a race or
167 ballot measure where the Secretary of State, county canvassing
168 board, or the local board responsible for certifying the
169 election is required to order a recount pursuant to s. 102.141.
170 (6) Upon receipt of the results of a county’s manual count,
171 the Secretary of State may refer any suspected irregularities or
172 violations of law associated with the voting systems and
173 election procedures in a county to the Office of Election Crimes
174 and Security for further investigation.
175 Section 4. Section 101.62, Florida Statutes, is amended to
176 read:
177 101.62 Request for vote-by-mail ballots.—
178 (1) ELIGIBILITY.—
179 (a) A qualified absent voter may vote by mail if, on
180 election day and during early in-person voting, the absent voter
181 expects to be:
182 1. Absent from the county of his or her residence;
183 2. Unable to appear personally at the early voting site or
184 polling place of the precinct in which he or she is a qualified
185 voter because of illness or physical disability or duties
186 related to the primary care of one or more individuals who are
187 ill or physically disabled, or because he or she will be or is a
188 patient in a hospital;
189 3. A resident or patient of a United States Department of
190 Veterans Affairs medical facility; or
191 4. Absent from his or her legal residence because he or she
192 is confined in jail, provided that he or she is qualified to
193 vote in the precinct of his or her residence.
194 (b) The eligibility requirements to vote by mail set forth
195 in paragraph (a) do not apply to voters entitled to vote by mail
196 under the Uniformed and Overseas Citizens Absentee Voting Act.
197 (2) REQUEST.—
198 (a) The supervisor shall accept a request for a vote-by
199 mail ballot only from an absent a voter or, if directly
200 instructed by the absent voter, a member of the absent voter’s
201 immediate family or the absent voter’s legal guardian. A request
202 may be made in person, in writing, by telephone, or through the
203 supervisor’s website. The department shall prescribe by rule by
204 October 1, 2023, a uniform statewide application to make a
205 written request for a vote-by-mail ballot which includes fields
206 for all information required in this subsection. An absent voter
207 must submit a separate request for a vote-by-mail ballot for
208 each election. For purposes of this requirement, a primary
209 election and the subsequent general election are separate
210 elections One request is deemed sufficient to receive a vote-by
211 mail ballot for all elections through the end of the calendar
212 year of the next regularly scheduled general election, unless
213 the voter or the voter’s designee indicates at the time the
214 request is made the elections within such period for which the
215 voter desires to receive a vote-by-mail ballot. The supervisor
216 must cancel a request for a vote-by-mail ballot when any first
217 class mail or nonforwardable mail sent by the supervisor to the
218 voter is returned as undeliverable. If the absent voter requests
219 a vote-by-mail ballot thereafter, the absent voter must provide
220 or confirm his or her current residential address.
221 (b) The supervisor may accept a request for a vote-by-mail
222 ballot to be mailed to an absent a voter’s address on file in
223 the Florida Voter Registration System from the absent voter, or,
224 if directly instructed by the absent voter, a member of the
225 absent voter’s immediate family or the absent voter’s legal
226 guardian. If an in-person or a telephonic request is made, the
227 voter must provide the absent voter’s Florida driver license
228 number, the absent voter’s Florida identification card number,
229 or the last four digits of the absent voter’s social security
230 number, whichever may be verified in the supervisor’s records,
231 and the absent voter’s basis for voting by mail. If the ballot
232 is requested to be mailed to an address other than the absent
233 voter’s address on file in the Florida Voter Registration
234 System, the request must be made in writing. A written request
235 must be signed by the absent voter and include the absent
236 voter’s Florida driver license number, the absent voter’s
237 Florida identification card number, or the last four digits of
238 the absent voter’s social security number, and the absent
239 voter’s basis for voting by mail. However, an absent uniformed
240 services voter or an overseas voter seeking a vote-by-mail
241 ballot is not required to submit a signed, written request for a
242 vote-by-mail ballot that is being mailed to an address other
243 than the absent voter’s address on file in the Florida Voter
244 Registration System. The person making the request must
245 disclose:
246 1. The name of the absent voter for whom the ballot is
247 requested.
248 2. The absent voter’s address.
249 3. The absent voter’s date of birth.
250 4. The absent voter’s Florida driver license number, the
251 absent voter’s Florida identification card number, or the last
252 four digits of the absent voter’s social security number,
253 whichever may be verified in the supervisor’s records. If the
254 absent voter’s registration record does not already include the
255 absent voter’s Florida driver license number or Florida
256 identification card number or the last four digits of the absent
257 voter’s social security number, the number provided must be
258 recorded in the absent voter’s registration record.
259 5. The absent voter’s basis for voting by mail.
260 6. The requester’s name.
261 7.6. The requester’s address.
262 8.7. The requester’s driver license number, the requester’s
263 identification card number, or the last four digits of the
264 requester’s social security number, if available.
265 9.8. The requester’s relationship to the absent voter.
266 10.9. The requester’s signature (written requests only).
267 (c) Upon receiving a request for a vote-by-mail ballot from
268 an absent voter, the supervisor of elections shall notify the
269 voter of the free access system that has been designated by the
270 department for determining the status of his or her vote-by-mail
271 ballot.
272 (d) For purposes of this section, the term “immediate
273 family” refers to the following, as applicable:
274 1. The absent voter’s spouse, parent, child, grandparent,
275 grandchild, or sibling, or the parent, child, grandparent,
276 grandchild, or sibling of the absent voter’s spouse.
277 2. The designee’s spouse, parent, child, grandparent,
278 grandchild, or sibling, or the parent, child, grandparent,
279 grandchild, or sibling of the designee’s spouse.
280 (3)(2) ACCESS TO VOTE-BY-MAIL REQUEST INFORMATION.—For each
281 request for a vote-by-mail ballot received, the supervisor shall
282 record the following information: the date the request was made;
283 the identity of the absent voter’s designee making the request,
284 if any; the Florida driver license number, Florida
285 identification card number, or last four digits of the social
286 security number of the absent voter provided with a written
287 request; the absent voter’s basis for voting by mail; the date
288 the vote-by-mail ballot was delivered to the absent voter or the
289 absent voter’s designee or the date the vote-by-mail ballot was
290 delivered to the post office or other carrier; the address to
291 which the ballot was mailed or the identity of the absent
292 voter’s designee to whom the ballot was delivered; the date the
293 ballot was received by the supervisor; the absence of the absent
294 voter’s signature on the voter’s certificate, if applicable;
295 whether the voter’s certificate contains a signature that does
296 not match the voter’s signature in the registration books or
297 precinct register; and such other information he or she may deem
298 necessary. This information must be provided in electronic
299 format as provided by division rule. The information must be
300 updated and made available no later than 8 a.m. of each day,
301 including weekends, beginning 60 days before the primary until
302 15 days after the general election and shall be
303 contemporaneously provided to the division. This information is
304 confidential and exempt from s. 119.07(1) and shall be made
305 available to or reproduced only for the voter requesting the
306 ballot, a canvassing board, an election official, a political
307 party or official thereof, a candidate who has filed
308 qualification papers and is opposed in an upcoming election, and
309 registered political committees for political purposes only.
310 (4)(3) DELIVERY OF VOTE-BY-MAIL BALLOTS.—
311 (a) No later than 45 days before each presidential
312 preference primary election, primary election, and general
313 election, the supervisor of elections shall send a vote-by-mail
314 ballot as provided in subparagraph (d)2. to each absent
315 uniformed services voter and to each overseas voter who has
316 requested a vote-by-mail ballot.
317 (b) The supervisor shall mail a vote-by-mail ballot to each
318 absent qualified voter, other than those listed in paragraph
319 (a), who has requested such a ballot, between the 40th and 33rd
320 days before the presidential preference primary election,
321 primary election, and general election.
322 (c) Except as otherwise provided in paragraph (a) or
323 paragraph (b), the supervisor shall mail vote-by-mail ballots
324 within 2 business days after receiving a request for such a
325 ballot, but no later than the 10th day before election day. The
326 deadline to submit a request for a ballot to be mailed is 5 p.m.
327 local time on the 12th day before an upcoming election.
328 (d) Upon a request for a vote-by-mail ballot, the
329 supervisor shall provide a vote-by-mail ballot to each absent
330 voter by whom a request for that ballot has been made, by one of
331 the following means:
332 1. By nonforwardable, return-if-undeliverable mail to the
333 absent voter’s current mailing address on file with the
334 supervisor or any other address the voter specifies in the
335 request. The envelopes must be prominently marked “Do Not
336 Forward.”
337 2. By forwardable mail, e-mail, or facsimile machine
338 transmission to absent uniformed services voters and overseas
339 voters. The absent uniformed services voter or overseas voter
340 may designate in the vote-by-mail ballot request the preferred
341 method of transmission. If the voter does not designate the
342 method of transmission, the vote-by-mail ballot must be mailed.
343 3. By personal delivery to the absent voter after vote-by
344 mail ballots have been mailed and up to 7 p.m. on election day
345 upon presentation of the identification required in s. 101.043.
346 4. By delivery to the absent voter’s designee after vote
347 by-mail ballots have been mailed and up to 7 p.m. on election
348 day. An absent Any voter may designate in writing a person to
349 pick up the ballot for the voter; however, the person designated
350 may not pick up more than two vote-by-mail ballots per election,
351 other than the designee’s own ballot, except that additional
352 ballots may be picked up for members of the designee’s immediate
353 family. The designee shall provide to the supervisor the written
354 authorization by the absent voter and a picture identification
355 of the designee and must complete an affidavit. The designee
356 shall state in the affidavit that the designee is authorized by
357 the voter to pick up that ballot and shall indicate if the
358 absent voter is a member of the designee’s immediate family and,
359 if so, the relationship. The department shall prescribe the form
360 of the affidavit. If the supervisor is satisfied that the
361 designee is authorized to pick up the ballot and that the
362 signature of the absent voter on the written authorization
363 matches the signature of the voter on file, the supervisor must
364 give the ballot to that designee for delivery to the absent
365 voter.
366 5. Except as provided in s. 101.655, the supervisor may not
367 deliver a vote-by-mail ballot to an absent a voter or a voter’s
368 designee pursuant to subparagraph 3. or subparagraph 4.,
369 respectively, during the mandatory early voting period and up to
370 7 p.m. on election day, unless there is an emergency, to the
371 extent that the absent voter will be unable to go to a
372 designated early voting site in his or her county or to his or
373 her assigned polling place on election day. If a vote-by-mail
374 ballot is delivered, the absent voter or his or her designee
375 must execute an affidavit affirming to the facts which allow for
376 delivery of the vote-by-mail ballot. The department shall adopt
377 a rule providing for the form of the affidavit.
378 (5)(4) SPECIAL CIRCUMSTANCES.—If the department is unable
379 to certify candidates for an election in time to comply with
380 paragraph (4)(a) (3)(a), the Department of State is authorized
381 to prescribe rules for a ballot to be sent to absent uniformed
382 services voters and overseas voters.
383 (6)(5) MATERIALS.—Only the materials necessary to vote by
384 mail may be mailed or delivered with any vote-by-mail ballot.
385 (7)(6) PROHIBITION.—Except as expressly authorized for
386 voters having a disability under s. 101.662, for overseas voters
387 under s. 101.697, or for local referenda under ss. 101.6102 and
388 101.6103, a county, municipality, or state agency may not send a
389 vote-by-mail ballot to a voter unless the voter has requested a
390 vote-by-mail ballot in the manner authorized under this section.
391 Section 5. Paragraph (a) of subsection (1) of section
392 101.64, Florida Statutes, is amended to read:
393 101.64 Delivery of vote-by-mail ballots; envelopes; form.—
394 (1)(a) The supervisor shall enclose with each vote-by-mail
395 ballot two envelopes: a secrecy envelope, into which the absent
396 elector shall enclose his or her marked ballot; and a mailing
397 envelope, into which the absent elector shall then place the
398 secrecy envelope, which must shall be addressed to the
399 supervisor and also bear on the back side a certificate in
400 substantially the following form:
401
402 Note: Please Read Instructions Carefully Before
403 Marking Ballot and Completing Voter’s Certificate.
404
405 VOTER’S CERTIFICATE
406 I, ...., do solemnly swear or affirm that I am a qualified
407 and registered voter of .... County, Florida, and that I have
408 not and will not vote more than one ballot in this election. I
409 understand that if I commit or attempt to commit any fraud in
410 connection with voting, vote a fraudulent ballot, or vote more
411 than once in an election, I can be convicted of a felony of the
412 third degree and fined up to $5,000 and/or imprisoned for up to
413 5 years. I also understand that failure to sign this certificate
414 will invalidate my ballot.
415
416 I further swear or affirm that I am eligible to vote by
417 mail pursuant to the Uniformed and Overseas Citizens Absentee
418 Voting Act or because on election day or during in-person early
419 voting, I expect to be or am (one or more may apply):
420 1. Absent from my county of residence;
421 2. Unable to appear personally at my early voting site or
422 my precinct’s polling place or early voting location because of
423 illness or physical disability or duties related to the primary
424 care of one or more individuals who are ill or physically
425 disabled, or because I will be or am a patient in a hospital;
426 3. A resident or patient of a United States Department of
427 Veterans Affairs medical facility; or
428 4. Absent from my legal residence because I am confined in
429 jail and am qualified to vote.
430 ...(Date)... ...(Voter’s Signature)...
431 ...(E-Mail Address)... ...(Home Telephone Number)...
432 ...(Mobile Telephone Number)...
433
434 Section 6. Section 101.65, Florida Statutes, is amended to
435 read:
436 101.65 Instructions to absent electors.—The supervisor
437 shall enclose with each vote-by-mail ballot separate printed
438 instructions in substantially the following form; however, where
439 the instructions appear in capitalized text, the text of the
440 printed instructions must be in bold font:
441
442 READ THESE INSTRUCTIONS CAREFULLY
443 BEFORE MARKING BALLOT.
444
445 1. VERY IMPORTANT. In order to ensure that your vote-by
446 mail ballot will be counted, it should be completed and returned
447 as soon as possible so that it can reach the supervisor of
448 elections of the county in which your precinct is located no
449 later than 7 p.m. on the day of the election. However, if you
450 are an overseas voter casting a ballot in a presidential
451 preference primary or general election, your vote-by-mail ballot
452 must be postmarked or dated no later than the date of the
453 election and received by the supervisor of elections of the
454 county in which you are registered to vote no later than 10 days
455 after the date of the election. Note that the later you return
456 your ballot, the less time you will have to cure any signature
457 deficiencies, which is authorized until 5 p.m. on the 2nd day
458 after the election.
459 2. Mark your ballot in secret as instructed on the ballot.
460 You must mark your own ballot unless you are unable to do so
461 because of blindness, disability, or inability to read or write.
462 3. Mark only the number of candidates or issue choices for
463 a race as indicated on the ballot. If you are allowed to “Vote
464 for One” candidate and you vote for more than one candidate,
465 your vote in that race will not be counted.
466 4. Place your marked ballot in the enclosed secrecy
467 envelope.
468 5. Insert the secrecy envelope into the enclosed mailing
469 envelope which is addressed to the supervisor.
470 6. Seal the mailing envelope and completely fill out the
471 Voter’s Certificate on the back of the mailing envelope.
472 7. VERY IMPORTANT. In order for your vote-by-mail ballot to
473 be counted, you must sign your name on the line above (Voter’s
474 Signature). A vote-by-mail ballot will be considered illegal and
475 not be counted if the signature on the voter’s certificate does
476 not match the signature on record. The signature on file at the
477 time the supervisor of elections in the county in which your
478 precinct is located receives your vote-by-mail ballot is the
479 signature that will be used to verify your signature on the
480 voter’s certificate. If you need to update your signature for
481 this election, send your signature update on a voter
482 registration application to your supervisor of elections so that
483 it is received before your vote-by-mail ballot is received.
484 8. VERY IMPORTANT. If you are an overseas voter, you must
485 include the date you signed the Voter’s Certificate on the line
486 above (Date) or your ballot may not be counted.
487 9. Mail, deliver, or have delivered the completed mailing
488 envelope. Be sure there is sufficient postage if mailed. THE
489 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO AN AUTHORIZED
490 SECURE BALLOT INTAKE STATION LOCATED AT THE OFFICE OF THE
491 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
492 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE
493 STATION, AVAILABLE AT EACH EARLY VOTING LOCATION.
494 10. FELONY NOTICE. It is a felony under Florida law to
495 accept any gift, payment, or gratuity in exchange for your vote
496 for a candidate. It is also a felony under Florida law to vote
497 in an election using a false identity or false address, or under
498 any other circumstances making your ballot false or fraudulent.
499 Section 7. Paragraph (d) of subsection (1) of section
500 101.657, Florida Statutes, is amended to read:
501 101.657 Early voting.—
502 (1)
503 (d) Early voting shall begin on the 15th 10th day before an
504 election that contains state or federal races and end on the 2nd
505 3rd day before the election, and must shall be provided for no
506 less than 8 hours and no more than 12 hours per day at each site
507 during the applicable period. In addition, early voting may be
508 offered at the discretion of the supervisor of elections on the
509 15th, 14th, 13th, 12th, 11th, or 2nd day before an election that
510 contains state or federal races for at least 8 hours per day,
511 but not more than 12 hours per day. The supervisor of elections
512 may provide early voting for elections that are not held in
513 conjunction with a state or federal election. However, the
514 supervisor has the discretion to determine the hours of
515 operation of early voting sites in those elections.
516 Section 8. Section 101.662, Florida Statutes, is amended to
517 read:
518 101.662 Accessibility of vote-by-mail ballots.—It is the
519 intent of the Legislature that voting by vote-by-mail ballot be
520 by methods that are fully accessible to all absent voters
521 eligible to vote by mail, including voters having a disability.
522 The Department of State shall work with the supervisors of
523 elections and the disability community to develop and implement
524 procedures and technologies, as possible, which will include
525 procedures for providing vote-by-mail ballots, upon request, in
526 alternative formats that will allow all eligible absent voters
527 to cast a secret, independent, and verifiable vote-by-mail
528 ballot without the assistance of another person.
529 Section 9. Subsection (2) of section 101.69, Florida
530 Statutes, is amended to read:
531 101.69 Voting in person; return of vote-by-mail ballot.—
532 (2)(a) The supervisor shall allow an absent elector who has
533 received a vote-by-mail ballot to physically return a voted
534 vote-by-mail ballot to the supervisor by placing the return mail
535 envelope containing his or her marked ballot in a secure ballot
536 intake station. A secure ballot intake station must stations
537 shall be placed at the main office of the supervisor and may be
538 placed, at each permanent branch office of the supervisor which
539 meets the criteria set forth in s. 101.657(1)(a) for branch
540 offices used for early voting and which is open for at least the
541 minimum number of hours prescribed by s. 98.015(4), and at each
542 early voting site. Secure ballot intake stations may also be
543 placed at any other site that would otherwise qualify as an
544 early voting site under s. 101.657(1). Secure ballot intake
545 stations must be geographically located so as to provide all
546 voters in the county with an equal opportunity to cast a ballot,
547 insofar as is practicable. Except for secure ballot intake
548 stations at an office of the supervisor, a secure ballot intake
549 station may only be used during the county’s early voting hours
550 of operation and must be monitored in person by an employee of
551 the supervisor’s office. A secure ballot intake station at an
552 office of the supervisor must be continuously monitored in
553 person by an employee of the supervisor’s office when the secure
554 ballot intake station is accessible for deposit of ballots.
555 (b)1. A supervisor shall designate each secure ballot
556 intake station location at least 30 days before an election. The
557 supervisor shall provide the address of each secure ballot
558 intake station location to the division at least 30 days before
559 an election. After a secure ballot intake station location has
560 been designated, it may not be moved or changed except as
561 approved by the division to correct a violation of this
562 subsection.
563 (c)1. On each day of early voting, all secure ballot intake
564 stations must be emptied at the end of early voting hours and
565 all ballots retrieved from the secure ballot intake stations
566 must be returned to the supervisor’s office.
567 2. For secure ballot intake stations located at an office
568 of the supervisor, All ballots must be retrieved before the
569 secure ballot intake station is no longer monitored by an
570 employee of the supervisor.
571 2.3. Employees of the supervisor must comply with
572 procedures for the chain of custody of ballots as required by s.
573 101.015(4).
574 Section 10. Subsection (3) of section 101.6921, Florida
575 Statutes, is amended to read:
576 101.6921 Delivery of special vote-by-mail ballot to certain
577 first-time voters.—
578 (3) The Voter’s Certificate shall be in substantially the
579 following form:
580
581 Note: Please Read Instructions Carefully Before Marking Ballot
582 and Completing Voter’s Certificate.
583
584 VOTER’S CERTIFICATE
585
586 I, ...., do solemnly swear or affirm that I am a qualified
587 and registered voter of .... County, Florida, and that I have
588 not and will not vote more than one ballot in this election. I
589 understand that if I commit or attempt to commit any fraud in
590 connection with voting, vote a fraudulent ballot, or vote more
591 than once in an election, I can be convicted of a felony of the
592 third degree and fined up to $5,000 and/or imprisoned for up to
593 5 years. I also understand that failure to sign this certificate
594 will invalidate my ballot.
595 I further swear or affirm that I am eligible to vote by
596 mail pursuant to the Uniformed and Overseas Citizens Absentee
597 Voting Act or because on election day or during in-person early
598 voting, I expect to be or am (one or more may apply):
599 1. Absent from my county of residence;
600 2. Unable to appear personally at my early voting site or
601 my precinct’s polling place or early voting location because of
602 illness or physical disability or duties related to the primary
603 care of one or more individuals who are ill or physically
604 disabled, or because I will be or am a patient in a hospital;
605 3. A resident or patient of a United States Department of
606 Veterans Affairs medical facility; or
607 4. Absent from my legal residence because I am confined in
608 jail and am qualified to vote.
609 I understand that unless I meet one of the exemptions
610 below, I must provide a copy of a current and valid
611 identification as provided in the instruction sheet to the
612 supervisor of elections in order for my ballot to count.
613 I further certify that I am exempt from the requirements to
614 furnish a copy of a current and valid identification with my
615 ballot because of one or more of the following (check all that
616 apply):
617 ☐ I am 65 years of age or older.
618 ☐ I have a permanent or temporary physical disability.
619 ☐ I am a member of a uniformed service on active duty who,
620 by reason of such active duty, will be absent from the county on
621 election day.
622 ☐ I am a member of the Merchant Marine who, by reason of
623 service in the Merchant Marine, will be absent from the county
624 on election day.
625 ☐ I am the spouse or dependent of a member of the uniformed
626 service or Merchant Marine who, by reason of the active duty or
627 service of the member, will be absent from the county on
628 election day.
629 ☐ I am currently residing outside the United States.
630
631 ...(Date)... ...Voter’s Signature...
632
633 Section 11. Subsection (1) of section 101.6103, Florida
634 Statutes, is amended to read:
635 101.6103 Mail ballot election procedure.—
636 (1) Except as otherwise provided in subsection (7), the
637 supervisor of elections shall mail all official ballots with a
638 secrecy envelope, a return mailing envelope, and instructions
639 sufficient to describe the voting process to each elector
640 entitled to vote in the election within the timeframes specified
641 in s. 101.62(4) s. 101.62(3). All such ballots must be mailed by
642 first-class mail. Ballots must be addressed to each elector at
643 the address appearing in the registration records and placed in
644 an envelope which is prominently marked “Do Not Forward.”
645 Section 12. Subsection (1) of section 101.694, Florida
646 Statutes, is amended to read:
647 101.694 Mailing of ballots upon receipt of federal postcard
648 application.—
649 (1) Upon receipt of a federal postcard application for a
650 vote-by-mail ballot executed by a person whose registration is
651 in order or whose application is sufficient to register or
652 update the registration of that person, the supervisor shall
653 send the ballot in accordance with s. 101.62(4) s. 101.62(3).
654 Section 13. All vote-by-mail ballot requests for the August
655 2024 statewide primary election and any election occurring
656 thereafter are canceled as of the effective date of this act.
657 Within 60 days after the effective date of this act, a county
658 supervisor of elections shall contact and provide notice by
659 mail, telephone, and e-mail to each voter in the supervisor’s
660 county who made a request for a vote-by-mail ballot for the
661 August 2024 statewide primary election and any election
662 occurring thereafter, informing the voter of the new
663 requirements for requesting a vote-by-mail ballot and the
664 expanded in-person early voting opportunities provided for under
665 this act.
666 Section 14. The amendments made by this act do not apply to
667 any election occurring before the statewide primary election to
668 be held in August 2024.
669 Section 15. Within 30 days after this act becoming a law,
670 the Department of State shall initiate emergency rulemaking for
671 the purpose of revising the uniform statewide application for
672 written requests for vote-by-mail ballots to conform to the
673 amendments made to s. 101.62, Florida Statutes, by this act. All
674 conditions to adopt emergency rules pursuant to s. 120.54,
675 Florida Statutes, are deemed met. Emergency rules adopted under
676 this section are exempt from s. 120.54(4)(c), Florida Statutes,
677 and shall remain in effect until replaced by rules adopted under
678 the nonemergency rulemaking procedures of chapter 120, Florida
679 Statutes, which must occur no later than July 1, 2025.
680 Section 16. This act shall take effect upon becoming a law.