Florida Senate - 2013                CS for CS for CS for SB 600
       
       
       
       By the Committees on Rules; Community Affairs; and Ethics and
       Elections; and Senator Latvala
       
       
       
       595-03969A-13                                          2013600c3
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 97.0555,
    3         F.S.; revising qualifications for late voter
    4         registration; amending s. 97.061, F.S.; revising
    5         restrictions relating to electors requiring
    6         assistance; prohibiting an individual from providing
    7         assistance to more than 10 electors during any
    8         election; creating s. 100.032, F.S.; requiring
    9         supervisors of elections to submit a report to the
   10         Secretary of State at least 3 months before a general
   11         election; specifying the content of the report;
   12         amending s. 100.061, F.S.; decreasing the time period
   13         between a primary election and a general election;
   14         amending s. 101.051, F.S.; revising restrictions
   15         relating to electors requiring assistance in casting
   16         ballots; conforming a provision to changes made by the
   17         act; amending s. 101.161, F.S.; providing a limitation
   18         on the number of words for certain ballot summaries in
   19         joint resolutions proposed by the Legislature;
   20         deleting a provision providing that a ballot statement
   21         consisting of the full text of a constitutional
   22         amendment or revision is presumed to be a clear and
   23         unambiguous statement; amending s. 101.5605, F.S.;
   24         requiring a person to provide the name, mailing
   25         address, and telephone number of a registered agent of
   26         a voting systems vendor to the Department of State
   27         under certain circumstances; providing that proof of
   28         delivery or attempt to deliver constitutes valid
   29         notice; creating s. 101.56065, F.S.; providing
   30         definitions; requiring a vendor to file a written
   31         disclosure with the department; providing requirements
   32         for the disclosure; providing what constitutes a cure
   33         of a defect; requiring a vendor to file a new
   34         disclosure with the department if a vendor becomes
   35         aware of a defect within a specified period;
   36         authorizing the department to suspend all sales or
   37         leases or use in an election of a defective voting
   38         system; providing procedures for the suspension of
   39         voting systems; authorizing the department to withdraw
   40         approval of voting systems under certain
   41         circumstances; authorizing the department to initiate
   42         an investigation of a defective voting system;
   43         establishing procedures and requirements of
   44         investigations; providing a penalty; repealing s.
   45         101.56075(4), F.S., relating to the requirement that
   46         all voting systems used by voters in a state election
   47         allow placement of the full text of a constitutional
   48         amendment or revision containing stricken or
   49         underlined text by a specified date; amending s.
   50         101.591, F.S.; authorizing use of automated,
   51         independent audits of voting systems; providing audit
   52         requirements; requiring the Division of Elections to
   53         adopt rules; amending s. 101.62, F.S.; revising the
   54         requirements for a valid absentee ballot request;
   55         requiring the supervisor to record the absence of the
   56         voter’s signature on the voter’s certificate under
   57         specified circumstances; prohibiting the supervisor
   58         from providing an absentee ballot on the day of an
   59         election under certain circumstances; requiring a
   60         person who requests an absentee ballot to complete an
   61         affidavit under certain circumstances; amending s.
   62         101.64, F.S.; revising the requirements for a voter’s
   63         certificate; amending s. 101.65, F.S.; revising the
   64         instructions to absent electors; amending s. 101.657,
   65         F.S.; revising the list of permissible sites available
   66         for early voting; authorizing the supervisor to
   67         designate one additional early voting site per
   68         election; providing requirements; requiring each
   69         county to operate at least the same number of early
   70         voting sites as used for the 2012 general election;
   71         revising the number of days and hours for early
   72         voting; amending s. 101.67, F.S.; conforming a
   73         provision to changes made by the act; amending s.
   74         101.68, F.S., and reenacting subsection (2), relating
   75         to the canvassing of absentee ballots; authorizing the
   76         supervisor to use the elector’s signature in a
   77         precinct register to compare with the elector’s
   78         signature on the voter’s certificate; providing that
   79         an absentee ballot must clearly identify the name of
   80         the witness in order to be considered legal; requiring
   81         the supervisor to provide the elector with the
   82         specific reason his or her ballot was rejected;
   83         requiring the supervisor to allow electors to complete
   84         an affidavit to cure an unsigned absentee ballot prior
   85         to canvassing; providing the form and contents of the
   86         affidavit; providing instructions to accompany each
   87         absentee ballot affidavit; requiring the affidavit,
   88         instructions, and the supervisor’s office mailing
   89         address to be posted on certain websites; requiring
   90         the supervisor to attach a received affidavit to the
   91         appropriate absentee ballot mailing envelope; amending
   92         s. 101.6921, F.S.; revising the voter’s certificate
   93         accompanying a special absentee ballot; amending s.
   94         101.6923, F.S.; revising special absentee ballot
   95         instructions; amending s. 101.6952, F.S.; providing
   96         that absentee ballots received from overseas voters in
   97         certain elections may be received up to 10 days after
   98         the date of the election; amending s. 102.031, F.S.;
   99         revising restrictions relating to the solicitation of
  100         voters; amending s. 102.141, F.S.; revising methods of
  101         selecting canvassing board members; requiring a
  102         supervisor to upload certain canvassed election
  103         results into a county’s election management system
  104         prior to the election; prohibiting public disclosure
  105         of uploaded results before the close of the polls on
  106         election day; amending s. 104.0616, F.S.; providing a
  107         definition for the term “immediate family”;
  108         prohibiting possession of more than two absentee
  109         ballots under certain circumstances; providing an
  110         effective date.
  111  
  112  Be It Enacted by the Legislature of the State of Florida:
  113  
  114         Section 1. Section 97.0555, Florida Statutes, is amended to
  115  read:
  116         97.0555 Late registration.—An individual or accompanying
  117  family member who has been discharged or separated from the
  118  uniformed services or the United States Merchant Marine, has
  119  returned from a combat zone or forward-deployed area, or has
  120  separated from employment outside the territorial limits of the
  121  United States, after the book-closing date for an election
  122  pursuant to s. 97.055 and who is otherwise qualified may
  123  register to vote in such election until 5 p.m. on the Friday
  124  before that election in the office of the supervisor of
  125  elections. Such persons must produce sufficient documentation
  126  showing evidence of qualifying for late registration pursuant to
  127  this section.
  128         Section 2. Subsection (3) of section 97.061, Florida
  129  Statutes, is amended to read:
  130         97.061 Special registration for electors requiring
  131  assistance.—
  132         (3) The precinct register generated by the supervisor shall
  133  contain a notation that such person is eligible for assistance
  134  in voting, and the supervisor may make a notation on the voter
  135  information card that such person is eligible for assistance in
  136  voting. Such person shall be entitled to receive the assistance
  137  of two election officials or some other person of his or her own
  138  choice, other than the person’s employer, an the agent of the
  139  person’s employer, or an officer or agent of the person’s union,
  140  without the necessity of executing the “Declaration to Secure
  141  Assistance” prescribed in s. 101.051, so long as the person is
  142  known to the elector before election day. Such person shall
  143  notify the supervisor of any change in his or her condition
  144  which makes it unnecessary for him or her to receive assistance
  145  in voting. An individual may not provide assistance to more than
  146  10 electors during any election.
  147         Section 3. Section 100.032, Florida Statutes, is created to
  148  read:
  149         100.032Election preparation report; general election.—Each
  150  supervisor of elections must submit a report to the Secretary of
  151  State at least 3 months before a general election which outlines
  152  preparations for the upcoming general election. The report must
  153  include, at a minimum, the following elements: the anticipated
  154  staffing levels during the early voting period, on election day,
  155  and after election day; and the anticipated amount of automatic
  156  tabulating equipment at each early voting site and polling
  157  place.
  158         Section 4. Section 100.061, Florida Statutes, is amended to
  159  read:
  160         100.061 Primary election.—In each year in which a general
  161  election is held, a primary election for nomination of
  162  candidates of political parties shall be held on the Tuesday 10
  163  12 weeks prior to the general election. The candidate receiving
  164  the highest number of votes cast in each contest in the primary
  165  election shall be declared nominated for such office. If two or
  166  more candidates receive an equal and highest number of votes for
  167  the same office, such candidates shall draw lots to determine
  168  which candidate is nominated.
  169         Section 5. Subsection (1) of section 101.051, Florida
  170  Statutes, is amended to read:
  171         101.051 Electors seeking assistance in casting ballots;
  172  oath to be executed; forms to be furnished.—
  173         (1) Any elector applying to vote in any election who
  174  requires assistance to vote by reason of blindness, disability,
  175  or inability to read or write may request the assistance of two
  176  election officials or some other person of the elector’s own
  177  choice, other than the elector’s employer, an agent of the
  178  employer, or an officer or agent of his or her union, to assist
  179  the elector in casting his or her vote, so long as the person is
  180  known to the elector before election day. Any such elector,
  181  before retiring to the voting booth, may have one of such
  182  persons read over to him or her, without suggestion or
  183  interference, the titles of the offices to be filled and the
  184  candidates therefor and the issues on the ballot. After the
  185  elector requests the aid of the two election officials or the
  186  person of the elector’s choice, they shall retire to the voting
  187  booth for the purpose of casting the elector’s vote according to
  188  the elector’s choice.
  189         Section 6. Subsection (3) of section 101.161, Florida
  190  Statutes, is amended to read:
  191         101.161 Referenda; ballots.—
  192         (3)(a) Each joint resolution that proposes a constitutional
  193  amendment or revision shall include one or more ballot
  194  statements set forth in order of priority. Each ballot statement
  195  shall consist of a ballot title, by which the measure is
  196  commonly referred to or spoken of, not exceeding 15 words in
  197  length, and either a ballot summary that describes the chief
  198  purpose of the amendment or revision in clear and unambiguous
  199  language, or the full text of the amendment or revision. If a
  200  joint resolution that proposes a constitutional amendment or
  201  revision contains only one ballot statement, the ballot summary
  202  may not exceed 75 words in length. If a joint resolution that
  203  proposes a constitutional amendment or revision contains more
  204  than one ballot statement, the first ballot summary, in order of
  205  priority, may not exceed 75 words in length.
  206         (b) The Department of State shall furnish a designating
  207  number pursuant to subsection (2) and the appropriate ballot
  208  statement to the supervisor of elections of each county. The
  209  ballot statement shall be printed on the ballot after the list
  210  of candidates, followed by the word “yes” and also by the word
  211  “no,” and shall be styled in such a manner that a “yes” vote
  212  will indicate approval of the amendment or revision and a “no”
  213  vote will indicate rejection.
  214         (c)(b)1. Any action for a judicial determination that one
  215  or more ballot statements embodied in a joint resolution are
  216  defective must be commenced by filing a complaint or petition
  217  with the appropriate court within 30 days after the joint
  218  resolution is filed with the Secretary of State. The complaint
  219  or petition shall assert all grounds for challenge to each
  220  ballot statement. Any ground not asserted within 30 days after
  221  the joint resolution is filed with the Secretary of State is
  222  waived.
  223         2. The court, including any appellate court, shall accord
  224  an action described in subparagraph 1. priority over other
  225  pending cases and render a decision as expeditiously as
  226  possible. If the court finds that all ballot statements embodied
  227  in a joint resolution are defective and further appeals are
  228  declined, abandoned, or exhausted, unless otherwise provided in
  229  the joint resolution, the Attorney General shall, within 10
  230  days, prepare and submit to the Department of State a revised
  231  ballot title or ballot summary that corrects the deficiencies
  232  identified by the court, and the Department of State shall
  233  furnish a designating number and the revised ballot title or
  234  ballot summary to the supervisor of elections of each county for
  235  placement on the ballot. The revised ballot summary may exceed
  236  75 words in length. The court shall retain jurisdiction over
  237  challenges to a revised ballot title or ballot summary prepared
  238  by the Attorney General, and any challenge to a revised ballot
  239  title or ballot summary must be filed within 10 days after a
  240  revised ballot title or ballot summary is submitted to the
  241  Department of State.
  242         3. A ballot statement that consists of the full text of an
  243  amendment or revision shall be presumed to be a clear and
  244  unambiguous statement of the substance and effect of the
  245  amendment or revision, providing fair notice to the electors of
  246  the content of the amendment or revision and sufficiently
  247  advising electors of the issue upon which they are to vote.
  248         Section 7. Subsection (3) of section 101.5605, Florida
  249  Statutes, is amended to read:
  250         101.5605 Examination and approval of equipment.—
  251         (3)(a) Before the Department of State approves the
  252  electronic or electromechanical voting system, the person who
  253  submitted it for examination shall provide the department with
  254  the name, mailing address, and telephone number of a registered
  255  agent, which agent must have and continuously maintain an office
  256  in this state. Any change in the name, address, or telephone
  257  number of the registered agent shall promptly be made known to
  258  the department.
  259         (b) Before entering into a contract for the sale or lease
  260  of a voting system approved under this section to any county,
  261  the person entering into such contract shall provide the
  262  department with the name, mailing address, and telephone number
  263  of a registered agent, which agent must have and continuously
  264  maintain an office in this state. Any change in the name,
  265  address, or telephone number of the registered agent shall
  266  promptly be made known to the department.
  267         (c) The department’s proof of delivery or attempted
  268  delivery to the last mailing address of the registered agent on
  269  file with the department at the time of delivery or attempted
  270  delivery is valid for all notice purposes.
  271         (d) Within 30 days after completing the examination and
  272  upon approval of any electronic or electromechanical voting
  273  system, the Department of State shall make and maintain a report
  274  on the system, together with a written or printed description
  275  and drawings and photographs clearly identifying the system and
  276  the operation thereof. As soon as practicable after such filing,
  277  the department shall send a notice of certification and, upon
  278  request, a copy of the report to the governing bodies of the
  279  respective counties of the state. Any voting system that does
  280  not receive the approval of the department may shall not be
  281  adopted for or used at any election.
  282         (e)(b) After a voting system has been approved by the
  283  Department of State, any change or improvement in the system is
  284  required to be approved by the department prior to the adoption
  285  of such change or improvement by any county. If any such change
  286  or improvement does not comply with the requirements of this
  287  act, the department shall suspend all sales of the equipment or
  288  system in the state until the equipment or system complies with
  289  the requirements of this act.
  290         Section 8. Section 101.56065, Florida Statutes, is created
  291  to read:
  292         101.56065Voting system defects; disclosure;
  293  investigations; penalties.—
  294         (1) For purposes of this section, the term:
  295         (a)“Defect” means:
  296         1. Any failure, fault, or flaw in an electronic or
  297  electromechanical voting system approved pursuant to s. 101.5605
  298  which results in nonconformance with the standards in a manner
  299  that affects the timeliness or accuracy of the casting or
  300  counting of ballots; or
  301         2. Any failure or inability of the voting system
  302  manufacturer or vendor to make available or provide approved
  303  replacements of hardware or software to the counties that have
  304  purchased the approved voting system, the unavailability of
  305  which results in the system’s nonconformance with the standards
  306  in a manner that affects the timeliness or accuracy of the
  307  casting or counting of ballots.
  308         (b) “Standards” refers to the requirements in ss. 101.5606
  309  and 101.56062 under which a voting system was approved for use
  310  in the state.
  311         (c) “Vendor” means a person who submits or previously
  312  submitted a voting system that was approved by the Department of
  313  State in accordance with s. 101.5605, or a person who enters
  314  into a contract for the sale or lease of a voting system to any
  315  county, or that previously entered into such a contract that has
  316  not expired.
  317         (2)(a) No later than December 31, 2013, and, thereafter, on
  318  January 1 of every odd-numbered year, each vendor shall file a
  319  written disclosure with the department identifying any known
  320  defect in the voting system or the fact that there is no known
  321  defect, the effect of any defect on the operation and use of the
  322  approved voting system, and any known corrective measures to
  323  cure a defect, including, but not limited to, advisories and
  324  bulletins issued to system users.
  325         (b) Implementation of corrective measures approved by the
  326  department which enable a system to conform to the standards and
  327  ensure the timeliness and accuracy of the casting and counting
  328  of ballots constitutes a cure of a defect.
  329         (c)If a vendor becomes aware of the existence of a defect,
  330  he or she must file a new disclosure with the department as
  331  provided in paragraph (a) within 30 days after the date the
  332  vendor determined or reasonably should have determined that the
  333  defect existed.
  334         (d)If a vendor discloses to the department that a defect
  335  exists, the department may suspend all sales or leases of the
  336  voting system in the state and may suspend the use of the system
  337  in any election in the state. The department shall provide
  338  written notice of any such suspension to each affected vendor
  339  and supervisor of elections. If the department determines that
  340  the defect no longer exists, the department shall lift the
  341  suspension and provide written notice to each affected vendor
  342  and supervisor of elections.
  343         (e)If a vendor fails to file a required disclosure for a
  344  voting system previously approved by the department, that system
  345  may not be sold, leased, or used for elections in the state
  346  until it has been submitted for examination and approval and
  347  adopted for use pursuant to s. 101.5605. The department shall
  348  provide written notice to all supervisors of elections that the
  349  system is no longer approved.
  350         (3)(a)If the department has reasonable cause to believe a
  351  voting system approved pursuant to s. 101.5605 contains a defect
  352  either before, during, or after an election which has not been
  353  disclosed pursuant to subsection (2), the department may
  354  investigate whether the voting system has a defect.
  355         (b)The department may initiate an investigation pursuant
  356  to paragraph (a) on its own initiative or upon the written
  357  request of the supervisor of elections of a county that
  358  purchased or leased a voting system that contains the alleged
  359  defect.
  360         (c)Upon initiating an investigation, the department shall
  361  provide written notice to the vendor and all of the supervisors
  362  of elections.
  363         (4)(a) If the department determines by a preponderance of
  364  the evidence that a defect exists in the voting system, or that
  365  a vendor failed to timely disclose a defect pursuant to
  366  subsection (2), the department shall provide written notice to
  367  the affected vendor and supervisors of elections.
  368         (b) A vendor entitled to receive notice pursuant to
  369  paragraph (a) shall, within 10 days, file a written response to
  370  the department which:
  371         1. Denies that the alleged defect exists or existed as
  372  alleged by the department or that the vendor failed to timely
  373  disclose a defect, and sets forth the reasons for such denial;
  374  or
  375         2. Admits that the defect exists or existed as alleged by
  376  the department or that the vendor failed to timely disclose a
  377  defect.
  378         (c) If the defect has been cured, the vendor shall provide
  379  an explanation of how the defect was cured.
  380         (d) If the defect has not been cured, the vendor shall
  381  inform the department whether the defect can be cured and shall
  382  provide the department with a plan for curing the defect. If the
  383  defect can be cured, the department shall establish a timeframe
  384  within which to cure the defect.
  385         (5) If after receiving a response from the vendor, the
  386  department determines that a defect does not exist or has been
  387  cured within the timeframe established by the department, the
  388  department shall take no further action.
  389         (6)If the department determines that: a vendor failed to
  390  timely disclose a defect; or that a defect exists and a vendor
  391  has not filed a written response or has failed to cure within
  392  the timeframe established by the department, or if the defect
  393  cannot be cured, the department shall impose a civil penalty of
  394  $25,000 for the defect plus an amount equal to the actual costs
  395  incurred by the department in conducting the investigation.
  396         (7) If the department finds that a defect existed:
  397         (a)The department may suspend all sales and leases of the
  398  voting system and may suspend its use in any county in the
  399  state. The department shall provide written notice of the
  400  suspension to each affected vendor and supervisor of elections.
  401         (b) If the department determines that a defect no longer
  402  exists in a voting system that has been suspended from use
  403  pursuant to paragraph (a), the department shall lift the
  404  suspension and authorize the sale, lease, and use of the voting
  405  system in any election in the state. The department shall
  406  provide written notice that the suspension has been lifted to
  407  each affected vendor and supervisor of elections.
  408         (c) If the defect cannot be cured, the department may
  409  disapprove the voting system for use in elections in the state.
  410  The department shall provide written notice to all supervisors
  411  of elections that the system is no longer approved. After
  412  approval of a system has been withdrawn pursuant to this
  413  paragraph, the system may not be sold, leased, or used in
  414  elections in the state until it has been submitted for
  415  examination and approval and adopted for use pursuant to s.
  416  101.5605.
  417         (d) Any vendor against whom a civil penalty was imposed
  418  under this section may not submit a voting system for approval
  419  by the Department of State in accordance with s. 101.5605 or
  420  enter into a contract for sale or lease of a voting system in
  421  the state until the civil penalties have been paid and the
  422  department provides written confirmation to the supervisors of
  423  elections of the payment.
  424         (8)The department shall prepare a written report of any
  425  investigation conducted pursuant to this section.
  426         (9)The authority of the department under this section is
  427  in addition to, and not exclusive of, any other authority
  428  provided by law.
  429         (10) All proceedings under this section are exempt from
  430  chapter 120.
  431         Section 9. Subsection (4) of section 101.56075, Florida
  432  Statutes, is repealed.
  433         Section 10. Subsections (1) and (2) of section 101.591,
  434  Florida Statutes, are amended, and subsection (4) of that
  435  section is republished, to read:
  436         101.591 Voting system audit.—
  437         (1) Immediately following the certification of each
  438  election, the county canvassing board or the local board
  439  responsible for certifying the election shall conduct a manual
  440  audit or an automated, independent audit of the voting systems
  441  used in randomly selected precincts.
  442         (2)(a)A manual The audit shall consist of a public manual
  443  tally of the votes cast in one randomly selected race that
  444  appears on the ballot. The tally sheet shall include election
  445  day, absentee, early voting, provisional, and overseas ballots,
  446  in at least 1 percent but no more than 2 percent of the
  447  precincts chosen at random by the county canvassing board or the
  448  local board responsible for certifying the election. If 1
  449  percent of the precincts is less than one entire precinct, the
  450  audit shall be conducted using at least one precinct chosen at
  451  random by the county canvassing board or the local board
  452  responsible for certifying the election. Such precincts shall be
  453  selected at a publicly noticed canvassing board meeting.
  454         (b) An automated audit shall consist of a public automated
  455  tally of the votes cast across every race that appears on the
  456  ballot. The tally sheet shall include election day, absentee,
  457  early voting, provisional, and overseas ballots in at least 20
  458  percent of the precincts chosen at random by the county
  459  canvassing board or the local board responsible for certifying
  460  the election. Such precincts shall be selected at a publicly
  461  noticed canvassing board meeting.
  462         (c) The division shall adopt rules for approval of an
  463  independent audit system which provide that the system, at a
  464  minimum, must be:
  465         1. Completely independent of the primary voting system.
  466         2. Fast enough to produce final audit results within the
  467  timeframe prescribed in subsection (4).
  468         3. Capable of demonstrating that the ballots of record have
  469  been accurately adjudicated by the audit system.
  470         (4) The audit must be completed and the results made public
  471  no later than 11:59 p.m. on the 7th day following certification
  472  of the election by the county canvassing board or the local
  473  board responsible for certifying the election.
  474         Section 11. Subsections (1) and (3) and paragraph (c) of
  475  subsection (4) of section 101.62, Florida Statutes, are amended
  476  to read:
  477         101.62 Request for absentee ballots.—
  478         (1)(a) The supervisor shall accept a request for an
  479  absentee ballot from an elector in person or in writing. One
  480  request shall be deemed sufficient to receive an absentee ballot
  481  for all elections through the end of the calendar year of the
  482  second ensuing regularly scheduled general election, unless the
  483  elector or the elector’s designee indicates at the time the
  484  request is made the elections for which the elector desires to
  485  receive an absentee ballot. Such request may be considered
  486  canceled when any first-class mail sent by the supervisor to the
  487  elector is returned as undeliverable.
  488         (b) The supervisor may accept a written or telephonic
  489  request for an absentee ballot to be mailed to an elector’s
  490  address on file in the Florida Voter Registration System from
  491  the elector, or, if directly instructed by the elector, a member
  492  of the elector’s immediate family, or the elector’s legal
  493  guardian; if the ballot is requested to be mailed to an address
  494  other than the elector’s address on file in the Florida Voter
  495  Registration System, the request must be made in writing and
  496  signed by the elector. For purposes of this section, the term
  497  “immediate family” has the same meaning as specified in
  498  paragraph (4)(c). The person making the request must disclose:
  499         1. The name of the elector for whom the ballot is
  500  requested.
  501         2. The elector’s address.
  502         3. The elector’s date of birth.
  503         4. The requester’s name.
  504         5. The requester’s address.
  505         6. The requester’s driver’s license number, if available.
  506         7. The requester’s relationship to the elector.
  507         8. The requester’s signature (written requests only).
  508         (c) Upon receiving a request for an absentee ballot from an
  509  absent voter, the supervisor of elections shall notify the voter
  510  of the free access system that has been designated by the
  511  department for determining the status of his or her absentee
  512  ballot.
  513         (3) For each request for an absentee ballot received, the
  514  supervisor shall record the date the request was made, the date
  515  the absentee ballot was delivered to the voter or the voter’s
  516  designee or the date the absentee ballot was delivered to the
  517  post office or other carrier, the date the ballot was received
  518  by the supervisor, the absence of the voter’s signature on the
  519  voter’s certificate, if applicable, and such other information
  520  he or she may deem necessary. This information shall be provided
  521  in electronic format as provided by rule adopted by the
  522  division. The information shall be updated and made available no
  523  later than 8 a.m. of each day, including weekends, beginning 60
  524  days before the primary until 15 days after the general election
  525  and shall be contemporaneously provided to the division. This
  526  information shall be confidential and exempt from the provisions
  527  of s. 119.07(1) and shall be made available to or reproduced
  528  only for the voter requesting the ballot, a canvassing board, an
  529  election official, a political party or official thereof, a
  530  candidate who has filed qualification papers and is opposed in
  531  an upcoming election, and registered political committees or
  532  registered committees of continuous existence, for political
  533  purposes only.
  534         (4)
  535         (c) The supervisor shall provide an absentee ballot to each
  536  elector by whom a request for that ballot has been made by one
  537  of the following means:
  538         1. By nonforwardable, return-if-undeliverable mail to the
  539  elector’s current mailing address on file with the supervisor or
  540  any other address the elector specifies in the request.
  541         2. By forwardable mail, e-mail, or facsimile machine
  542  transmission to absent uniformed services voters and overseas
  543  voters. The absent uniformed services voter or overseas voter
  544  may designate in the absentee ballot request the preferred
  545  method of transmission. If the voter does not designate the
  546  method of transmission, the absentee ballot shall be mailed.
  547         3. By personal delivery before 7 p.m. on election day to
  548  the elector, upon presentation of the identification required in
  549  s. 101.043.
  550         4. By delivery to a designee on election day or up to 5
  551  days prior to the day of an election. Any elector may designate
  552  in writing a person to pick up the ballot for the elector;
  553  however, the person designated may not pick up more than two
  554  absentee ballots per election, other than the designee’s own
  555  ballot, except that additional ballots may be picked up for
  556  members of the designee’s immediate family. For purposes of this
  557  section, “immediate family” means the designee’s spouse or the
  558  parent, child, grandparent, or sibling of the designee or of the
  559  designee’s spouse. The designee shall provide to the supervisor
  560  the written authorization by the elector and a picture
  561  identification of the designee and must complete an affidavit.
  562  The designee shall state in the affidavit that the designee is
  563  authorized by the elector to pick up that ballot and shall
  564  indicate if the elector is a member of the designee’s immediate
  565  family and, if so, the relationship. The department shall
  566  prescribe the form of the affidavit. If the supervisor is
  567  satisfied that the designee is authorized to pick up the ballot
  568  and that the signature of the elector on the written
  569  authorization matches the signature of the elector on file, the
  570  supervisor shall give the ballot to that designee for delivery
  571  to the elector.
  572         5. Except as provided in s. 101.655, the supervisor may not
  573  deliver an absentee ballot to an elector or an elector’s
  574  immediate family member on the day of the election unless there
  575  is an emergency, to the extent that the elector will be unable
  576  to go to his or her assigned polling place. If an absentee
  577  ballot is delivered, the elector or his or her designee shall
  578  execute an affidavit affirming to the facts which allow for
  579  delivery of the absentee ballot. The department shall adopt a
  580  rule providing for the form of the affidavit.
  581         Section 12. Subsections (1) through (3) of section 101.64,
  582  Florida Statutes, are amended to read:
  583         101.64 Delivery of absentee ballots; envelopes; form.—
  584         (1) The supervisor shall enclose with each absentee ballot
  585  two envelopes: a secrecy envelope, into which the absent elector
  586  shall enclose his or her marked ballot; and a mailing envelope,
  587  into which the absent elector shall then place the secrecy
  588  envelope, which shall be addressed to the supervisor and also
  589  bear on the back side a certificate in substantially the
  590  following form:
  591  
  592           Note: Please Read Instructions Carefully Before         
  593         Marking Ballot and Completing Voter’s Certificate.        
  594  
  595                         VOTER’S CERTIFICATE                       
  596         I, ...., do solemnly swear or affirm that I am a qualified
  597  and registered voter of .... County, Florida, and that I have
  598  not and will not vote more than one ballot in this election. I
  599  understand that if I commit or attempt to commit any fraud in
  600  connection with voting, vote a fraudulent ballot, or vote more
  601  than once in an election, I can be convicted of a felony of the
  602  third degree and fined up to $5,000 and/or imprisoned for up to
  603  5 years. I also understand that failure to sign this certificate
  604  will invalidate my ballot.
  605  
  606  ...(Date)...                           ...(Voter’s Signature)...
  607  
  608  Note: Your Signature Must Be Witnessed by One Witness 18 Years
  609  of Age or Older as Provided in the Instruction Sheet.
  610  
  611  I swear or affirm that the voter signed this Voter’s Certificate
  612  in my presence.
  613  
  614  ...(Signature of Witness)...
  615  
  616  ...(Printed Name of Witness)...
  617  
  618  ...(Date)...
  619  ...(Address)...
  620  
  621         (2) The certificate shall be arranged on the back of the
  622  mailing envelope so that the line for the signature of the
  623  absent elector is across the seal of the envelope; however, no
  624  statement shall appear on the envelope which indicates that a
  625  signature of the voter must cross the seal of the envelope. The
  626  absent elector and the attesting witness shall execute the
  627  certificate on the envelope. A candidate may not serve as an
  628  attesting witness.
  629         (3) In lieu of the voter’s certificate provided in this
  630  section, the supervisor of elections shall provide each person
  631  voting absentee under the Uniformed and Overseas Citizens
  632  Absentee Voting Act with the standard oath prescribed by the
  633  presidential designee with an appended section in substantially
  634  the following form:.
  635  
  636  Witness signature and date:
  637  
  638  ...(Signature of Witness)...
  639  
  640  ...(Printed Name of Witness)...
  641  
  642  ...(Address)...
  643  ...(Date)...
  644         Section 13. Section 101.65, Florida Statutes, is amended to
  645  read:
  646         101.65 Instructions to absent electors.—The supervisor
  647  shall enclose with each absentee ballot separate printed
  648  instructions in substantially the following form:
  649  
  650         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
  651         1. VERY IMPORTANT. In order to ensure that your absentee
  652  ballot will be counted, it should be completed and returned as
  653  soon as possible so that it can reach the supervisor of
  654  elections of the county in which your precinct is located no
  655  later than 7 p.m. on the day of the election. However, if you
  656  are an overseas voter casting a ballot in a presidential
  657  preference primary or general election, your absentee ballot
  658  must be postmarked or signed and dated no later than the date of
  659  the election and received by the supervisor of elections of the
  660  county in which you are registered to vote no later than 10 days
  661  after the date of the election.
  662         2. Mark your ballot in secret as instructed on the ballot.
  663  You must mark your own ballot unless you are unable to do so
  664  because of blindness, disability, or inability to read or write.
  665         3. Mark only the number of candidates or issue choices for
  666  a race as indicated on the ballot. If you are allowed to “Vote
  667  for One” candidate and you vote for more than one candidate,
  668  your vote in that race will not be counted.
  669         4. Place your marked ballot in the enclosed secrecy
  670  envelope.
  671         5. Insert the secrecy envelope into the enclosed mailing
  672  envelope which is addressed to the supervisor.
  673         6. Seal the mailing envelope and completely fill out the
  674  Voter’s Certificate on the back of the mailing envelope.
  675         7. VERY IMPORTANT. In order for your absentee ballot to be
  676  counted, you must sign your name on the line above (Voter’s
  677  Signature). An absentee ballot will be considered illegal and
  678  not be counted if the signature on the voter’s certificate does
  679  not match the signature on record. The signature on file at the
  680  start of the canvass of the absentee ballots is the signature
  681  that will be used to verify your signature on the voter’s
  682  certificate. If you need to update your signature for this
  683  election, send your signature update on a voter registration
  684  application to your supervisor of elections so that it is
  685  received no later than the start of the canvassing of absentee
  686  ballots, which occurs no earlier than the 15th day before
  687  election day.
  688         8. VERY IMPORTANT. In order for your absentee ballot to be
  689  counted, it must include the signature and legible address of an
  690  attesting witness 18 years of age or older affixed to the
  691  Voter’s Certificate. If the signature is illegible, the Voter’s
  692  Certificate must also include a readable printed name of the
  693  attesting witness. A candidate may not serve as an attesting
  694  witness.
  695         9.8. VERY IMPORTANT. If you are an overseas voter, you must
  696  include the date you signed the Voter’s Certificate on the line
  697  above (Date) or your ballot may not be counted.
  698         10.9. Mail, deliver, or have delivered the completed
  699  mailing envelope. Be sure there is sufficient postage if mailed.
  700         11.10. FELONY NOTICE. It is a felony under Florida law to
  701  accept any gift, payment, or gratuity in exchange for your vote
  702  for a candidate. It is also a felony under Florida law to vote
  703  in an election using a false identity or false address, or under
  704  any other circumstances making your ballot false or fraudulent.
  705         Section 14. Paragraphs (a) and (d) of subsection (1) of
  706  section 101.657, Florida Statutes, are amended to read:
  707         101.657 Early voting.—
  708         (1)(a) As a convenience to the voter, the supervisor of
  709  elections shall allow an elector to vote early in the main or
  710  branch office of the supervisor. The supervisor shall mark,
  711  code, indicate on, or otherwise track the voter’s precinct for
  712  each early voted ballot. In order for a branch office to be used
  713  for early voting, it shall be a permanent facility of the
  714  supervisor and shall have been designated and used as such for
  715  at least 1 year prior to the election. The supervisor may also
  716  designate any city hall, or permanent public library facility,
  717  fairground, civic center, courthouse, county commission
  718  building, stadium, convention center, government-owned senior
  719  center, or government-owned community center as early voting
  720  sites; however, if so designated, the sites must be
  721  geographically located so as to provide all voters in the county
  722  an equal opportunity to cast a ballot, insofar as is
  723  practicable. In addition, a supervisor may designate one early
  724  voting site per election in an area of the county that does not
  725  have any of the eligible early voting locations. Such additional
  726  early voting site must be geographically located so as to
  727  provide all voters in that area with an equal opportunity to
  728  cast a ballot, insofar as is practicable. Each county shall, at
  729  a minimum, operate the same total number of early voting sites
  730  for a general election which the county operated for the 2012
  731  general election. The results or tabulation of votes cast during
  732  early voting may not be made before the close of the polls on
  733  election day. Results shall be reported by precinct.
  734         (d) Early voting shall begin on the 10th day before an
  735  election that contains state or federal races and end on the 3rd
  736  day before the election, and shall be provided for no less than
  737  8 6 hours and no more than 12 hours per day at each site during
  738  the applicable period. In addition, early voting may be offered
  739  at the discretion of the supervisor of elections on the 15th,
  740  14th, 13th, 12th, 11th, or 2nd day before an election that
  741  contains state or federal races for at least 8 hours per day,
  742  but not more than 12 hours per day. The supervisor of elections
  743  may provide early voting for elections that are not held in
  744  conjunction with a state or federal election. However, the
  745  supervisor has the discretion to determine the hours of
  746  operation of early voting sites in those elections.
  747         Section 15. Subsection (2) of section 101.67, Florida
  748  Statutes, is amended to read:
  749         101.67 Safekeeping of mailed ballots; deadline for
  750  receiving absentee ballots.—
  751         (2) Except as provided in s. 101.6952(5), all marked absent
  752  electors’ ballots to be counted must be received by the
  753  supervisor by 7 p.m. the day of the election. All ballots
  754  received thereafter shall be marked with the time and date of
  755  receipt and filed in the supervisor’s office.
  756         Section 16. Subsections (1) and (4) of section 101.68,
  757  Florida Statutes, are amended, and subsection (2) of that
  758  section is reenacted and amended, to read:
  759         101.68 Canvassing of absentee ballot.—
  760         (1) The supervisor of the county where the absent elector
  761  resides shall receive the voted ballot, at which time the
  762  supervisor shall compare the signature of the elector on the
  763  voter’s certificate with the signature of the elector in the
  764  registration books or the precinct register to determine whether
  765  the elector is duly registered in the county and may record on
  766  the elector’s registration certificate that the elector has
  767  voted. However, effective July 1, 2005, an elector who dies
  768  after casting an absentee ballot but on or before election day
  769  shall remain listed in the registration books until the results
  770  have been certified for the election in which the ballot was
  771  cast. The supervisor shall safely keep the ballot unopened in
  772  his or her office until the county canvassing board canvasses
  773  the vote. Except as provided in subsection (4), after an
  774  absentee ballot is received by the supervisor, the ballot is
  775  deemed to have been cast, and changes or additions may not be
  776  made to the voter’s certificate.
  777         (2)(a) The county canvassing board may begin the canvassing
  778  of absentee ballots at 7 a.m. on the 15th day before the
  779  election, but not later than noon on the day following the
  780  election. In addition, for any county using electronic
  781  tabulating equipment, the processing of absentee ballots through
  782  such tabulating equipment may begin at 7 a.m. on the 15th day
  783  before the election. However, notwithstanding any such
  784  authorization to begin canvassing or otherwise processing
  785  absentee ballots early, no result shall be released until after
  786  the closing of the polls in that county on election day. Any
  787  supervisor of elections, deputy supervisor of elections,
  788  canvassing board member, election board member, or election
  789  employee who releases the results of a canvassing or processing
  790  of absentee ballots prior to the closing of the polls in that
  791  county on election day commits a felony of the third degree,
  792  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  793         (b) To ensure that all absentee ballots to be counted by
  794  the canvassing board are accounted for, the canvassing board
  795  shall compare the number of ballots in its possession with the
  796  number of requests for ballots received to be counted according
  797  to the supervisor’s file or list.
  798         (c)1. The canvassing board shall, if the supervisor has not
  799  already done so, compare the signature of the elector on the
  800  voter’s certificate or on the absentee ballot affidavit as
  801  provided in subsection (4) with the signature of the elector in
  802  the registration books or the precinct register to see that the
  803  elector is duly registered in the county and to determine the
  804  legality of that absentee ballot. The ballot of an elector who
  805  casts an absentee ballot shall be counted even if the elector
  806  dies on or before election day, as long as, prior to the death
  807  of the voter, the ballot was postmarked by the United States
  808  Postal Service, date-stamped with a verifiable tracking number
  809  by common carrier, or already in the possession of the
  810  supervisor of elections. An absentee ballot shall be considered
  811  illegal if the voter’s certificate or absentee ballot affidavit
  812  it does not include the signature of the elector, as shown by
  813  the registration records or the precinct register, along with
  814  the signature and legible address of an attesting witness;
  815  however, if the signature of the attesting witness is illegible,
  816  the printed name of the attesting witness must clearly identify
  817  the name of the witness or the ballot shall be considered
  818  illegal. However, an absentee ballot is shall not be considered
  819  illegal if the signature of the elector does not cross the seal
  820  of the mailing envelope. If the canvassing board determines that
  821  any ballot is illegal, a member of the board shall, without
  822  opening the envelope, mark across the face of the envelope:
  823  “rejected as illegal.” The absentee ballot affidavit, if
  824  applicable, the envelope and the ballot contained therein shall
  825  be preserved in the manner that official ballots voted are
  826  preserved.
  827         2. If any elector or candidate present believes that an
  828  absentee ballot is illegal due to a defect apparent on the
  829  voter’s certificate or the absentee ballot affidavit, he or she
  830  may, at any time before the ballot is removed from the envelope,
  831  file with the canvassing board a protest against the canvass of
  832  that ballot, specifying the precinct, the ballot, and the reason
  833  he or she believes the ballot to be illegal. A challenge based
  834  upon a defect in the voter’s certificate or absentee ballot
  835  affidavit may not be accepted after the ballot has been removed
  836  from the mailing envelope.
  837         (d) The canvassing board shall record the ballot upon the
  838  proper record, unless the ballot has been previously recorded by
  839  the supervisor. The mailing envelopes shall be opened and the
  840  secrecy envelopes shall be mixed so as to make it impossible to
  841  determine which secrecy envelope came out of which signed
  842  mailing envelope; however, in any county in which an electronic
  843  or electromechanical voting system is used, the ballots may be
  844  sorted by ballot styles and the mailing envelopes may be opened
  845  and the secrecy envelopes mixed separately for each ballot
  846  style. The votes on absentee ballots shall be included in the
  847  total vote of the county.
  848         (4)(a) The supervisor of elections shall, on behalf of the
  849  county canvassing board, notify each elector whose ballot was
  850  rejected as illegal and provide the specific reason the ballot
  851  was rejected because of a difference between the elector’s
  852  signature on the ballot and that on the elector’s voter
  853  registration record. The supervisor shall mail a voter
  854  registration application to the elector to be completed
  855  indicating the elector’s current signature if the elector’s
  856  ballot was rejected due to a difference between the elector’s
  857  signature on the voter’s certificate or absentee ballot
  858  affidavit and the elector’s signature in the registration books
  859  or precinct register. This section does not prohibit the
  860  supervisor from providing additional methods for updating an
  861  elector’s signature.
  862         (b) If the canvassing board has not begun the canvassing of
  863  absentee ballots pursuant to subsection (2), the supervisor
  864  shall allow an elector who has returned an absentee ballot that
  865  does not include the elector’s signature to complete an
  866  affidavit in order to cure the unsigned absentee ballot.
  867         (c) The elector shall provide identification to the
  868  supervisor and must complete an absentee ballot affidavit in
  869  substantially the following form:
  870  
  871                      ABSENTEE BALLOT AFFIDAVIT                    
  872         I, ...., am a qualified voter in this election and
  873  registered voter of .... County, Florida. I do solemnly swear or
  874  affirm that I requested and returned the absentee ballot and
  875  that I have not and will not vote more than one ballot in this
  876  election. I understand that if I commit or attempt any fraud in
  877  connection with voting, vote a fraudulent ballot, or vote more
  878  than once in an election, I may be convicted of a felony of the
  879  third degree and fined up to $5,000 and imprisoned for up to 5
  880  years. I understand that my failure to sign this affidavit means
  881  that my absentee ballot will be invalidated.
  882  
  883  ...(Voter’s Signature)...
  884  
  885  ...(Address)...
  886  
  887  Note: Your Signature Must Be Witnessed by One Witness 18 Years
  888  of Age or Older.
  889  
  890         I swear or affirm that the voter signed this Absentee
  891  Ballot Affidavit in my presence.
  892  
  893  ...(Signature of Witness)...
  894  
  895  ...(Printed Name of Witness)...
  896  
  897  ...(Date)...
  898  ...(Address)...
  899  
  900         (d) Instructions must accompany the absentee ballot
  901  affidavit in substantially the following form:
  902  
  903         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  904  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  905  BALLOT NOT TO COUNT.
  906  
  907         1. In order to ensure that your absentee ballot will be
  908  counted, your affidavit should be completed and returned as soon
  909  as possible so that it can reach the supervisor of elections of
  910  the county in which your precinct is located no later than the
  911  start of the canvassing of absentee ballots, which occurs no
  912  earlier than the 15th day before an election.
  913         2. You must sign your name on the line above (Voter’s
  914  Signature).
  915         3. You must have your signature witnessed by a person 18
  916  years of age or older. Have the witness sign on the line above
  917  (Signature of Witness) and include his or her legible address.
  918  If the signature is illegible, the affidavit must also include a
  919  readable, printed name of the attesting witness. A candidate may
  920  not serve as an attesting witness.
  921         4. You must make a copy of one of the following forms of
  922  identification:
  923         a. Identification which must include your name and
  924  photograph: United States passport; debit or credit card;
  925  military identification; student identification; retirement
  926  center identification; neighborhood association identification;
  927  or public assistance identification; or
  928         b. Identification which shows your name and current
  929  residence address: current utility bill, bank statement,
  930  government check, paycheck, or government document (excluding
  931  voter identification card).
  932         5. Place the envelope bearing the affidavit into a mailing
  933  envelope addressed to the supervisor. Insert a copy of your
  934  identification in the mailing envelope.
  935         6. Mail, deliver, or have delivered the completed affidavit
  936  along with the copy of your identification to your county
  937  supervisor of elections. Be sure there is sufficient postage if
  938  mailed and that the supervisor’s address is correct.
  939         (e) The department and each supervisor shall include the
  940  affidavit and instructions on their respective websites. The
  941  supervisor must include his or her office’s mailing address on
  942  the page containing the affidavit instructions; the department’s
  943  instruction page must include the office mailing addresses of
  944  all supervisors of elections or provide a conspicuous link to
  945  such addresses.
  946         (f) The supervisor shall attach each affidavit received to
  947  the appropriate absentee ballot mailing envelope.
  948         Section 17. Subsections (3) and (4) of section 101.6921,
  949  Florida Statutes, are amended to read:
  950         101.6921 Delivery of special absentee ballot to certain
  951  first-time voters.—
  952         (3) The Voter’s Certificate shall be in substantially the
  953  following form:
  954  
  955  Note: Please Read Instructions Carefully Before Marking Ballot
  956  and Completing Voter’s Certificate.
  957  
  958                         VOTER’S CERTIFICATE                       
  959  
  960         I, ...., do solemnly swear or affirm that I am a qualified
  961  and registered voter of .... County, Florida, and that I have
  962  not and will not vote more than one ballot in this election. I
  963  understand that if I commit or attempt to commit any fraud in
  964  connection with voting, vote a fraudulent ballot, or vote more
  965  than once in an election, I can be convicted of a felony of the
  966  third degree and fined up to $5,000 and/or imprisoned for up to
  967  5 years. I also understand that failure to sign this certificate
  968  will invalidate my ballot. I understand that unless I meet one
  969  of the exemptions below, I must provide a copy of a current and
  970  valid identification as provided in the instruction sheet to the
  971  supervisor of elections in order for my ballot to count.
  972         I further certify that I am exempt from the requirements to
  973  furnish a copy of a current and valid identification with my
  974  ballot because of one or more of the following (check all that
  975  apply):
  976         ☐ I am 65 years of age or older.
  977         ☐ I have a permanent or temporary physical disability.
  978         ☐ I am a member of a uniformed service on active duty who,
  979  by reason of such active duty, will be absent from the county on
  980  election day.
  981         ☐ I am a member of the Merchant Marine who, by reason of
  982  service in the Merchant Marine, will be absent from the county
  983  on election day.
  984         ☐ I am the spouse or dependent of a member of the uniformed
  985  service or Merchant Marine who, by reason of the active duty or
  986  service of the member, will be absent from the county on
  987  election day.
  988         ☐ I am currently residing outside the United States.
  989  
  990  ...(Date)...                             ...Voter’s Signature...
  991  
  992  Note: Your Signature Must Be Witnessed as Provided in the
  993  Instruction Sheet By One Witness 18 Years of Age or Older.
  994  
  995  I swear or affirm that the voter signed this Voter’s Certificate
  996  in my presence.
  997  
  998  ...(Signature of Witness)...
  999  
 1000  ...(Printed Name of Witness)...
 1001  
 1002  ...(Date)...
 1003  ...(Address)...
 1004  
 1005         (4) The certificate shall be arranged on the back of the
 1006  envelope so that the line for the signature of the absent
 1007  elector is across the seal of the envelope.
 1008         Section 18. Subsection (2) of section 101.6923, Florida
 1009  Statutes, is amended to read:
 1010         101.6923 Special absentee ballot instructions for certain
 1011  first-time voters.—
 1012         (2) A voter covered by this section shall be provided with
 1013  printed instructions with his or her absentee ballot in
 1014  substantially the following form:
 1015  
 1016         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
 1017         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
 1018         YOUR BALLOT NOT TO COUNT.
 1019  
 1020         1. In order to ensure that your absentee ballot will be
 1021  counted, it should be completed and returned as soon as possible
 1022  so that it can reach the supervisor of elections of the county
 1023  in which your precinct is located no later than 7 p.m. on the
 1024  date of the election. However, if you are an overseas voter
 1025  casting a ballot in a presidential preference primary or general
 1026  election, your absentee ballot must be postmarked or signed and
 1027  dated no later than the date of the election and received by the
 1028  supervisor of elections of the county in which you are
 1029  registered to vote no later than 10 days after the date of the
 1030  election.
 1031         2. Mark your ballot in secret as instructed on the ballot.
 1032  You must mark your own ballot unless you are unable to do so
 1033  because of blindness, disability, or inability to read or write.
 1034         3. Mark only the number of candidates or issue choices for
 1035  a race as indicated on the ballot. If you are allowed to “Vote
 1036  for One” candidate and you vote for more than one, your vote in
 1037  that race will not be counted.
 1038         4. Place your marked ballot in the enclosed secrecy
 1039  envelope and seal the envelope.
 1040         5. Insert the secrecy envelope into the enclosed envelope
 1041  bearing the Voter’s Certificate. Seal the envelope and
 1042  completely fill out the Voter’s Certificate on the back of the
 1043  envelope.
 1044         a. You must sign your name on the line above (Voter’s
 1045  Signature).
 1046         b. You must have your signature witnessed by a person 18
 1047  years of age or older. Have the witness sign on the line above
 1048  (Signature of Witness) and include his or her legible address.
 1049  If the signature is illegible, the Voter’s Certificate must also
 1050  include a readable printed name of the attesting witness. A
 1051  candidate may not serve as an attesting witness.
 1052         c.b. If you are an overseas voter, you must include the
 1053  date you signed the Voter’s Certificate on the line above (Date)
 1054  or your ballot may not be counted.
 1055         d.c. An absentee ballot will be considered illegal and will
 1056  not be counted if the signature on the Voter’s Certificate does
 1057  not match the signature on record. The signature on file at the
 1058  start of the canvass of the absentee ballots is the signature
 1059  that will be used to verify your signature on the Voter’s
 1060  Certificate. If you need to update your signature for this
 1061  election, send your signature update on a voter registration
 1062  application to your supervisor of elections so that it is
 1063  received no later than the start of canvassing of absentee
 1064  ballots, which occurs no earlier than the 15th day before
 1065  election day.
 1066         6. Unless you meet one of the exemptions in Item 7., you
 1067  must make a copy of one of the following forms of
 1068  identification:
 1069         a. Identification which must include your name and
 1070  photograph: United States passport; debit or credit card;
 1071  military identification; student identification; retirement
 1072  center identification; neighborhood association identification;
 1073  or public assistance identification; or
 1074         b. Identification which shows your name and current
 1075  residence address: current utility bill, bank statement,
 1076  government check, paycheck, or government document (excluding
 1077  voter identification card).
 1078         7. The identification requirements of Item 6. do not apply
 1079  if you meet one of the following requirements:
 1080         a. You are 65 years of age or older.
 1081         b. You have a temporary or permanent physical disability.
 1082         c. You are a member of a uniformed service on active duty
 1083  who, by reason of such active duty, will be absent from the
 1084  county on election day.
 1085         d. You are a member of the Merchant Marine who, by reason
 1086  of service in the Merchant Marine, will be absent from the
 1087  county on election day.
 1088         e. You are the spouse or dependent of a member referred to
 1089  in paragraph c. or paragraph d. who, by reason of the active
 1090  duty or service of the member, will be absent from the county on
 1091  election day.
 1092         f. You are currently residing outside the United States.
 1093         8. Place the envelope bearing the Voter’s Certificate into
 1094  the mailing envelope addressed to the supervisor. Insert a copy
 1095  of your identification in the mailing envelope. DO NOT PUT YOUR
 1096  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
 1097  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
 1098  BALLOT WILL NOT COUNT.
 1099         9. Mail, deliver, or have delivered the completed mailing
 1100  envelope. Be sure there is sufficient postage if mailed.
 1101         10. FELONY NOTICE. It is a felony under Florida law to
 1102  accept any gift, payment, or gratuity in exchange for your vote
 1103  for a candidate. It is also a felony under Florida law to vote
 1104  in an election using a false identity or false address, or under
 1105  any other circumstances making your ballot false or fraudulent.
 1106         Section 19. Subsection (5) is added to section 101.6952,
 1107  Florida Statutes, to read:
 1108         101.6952 Absentee ballots for absent uniformed services and
 1109  overseas voters.—
 1110         (5) An absentee ballot from an overseas voter in any
 1111  presidential preference primary or general election which is
 1112  postmarked or signed and dated no later than the date of the
 1113  election and is received by the supervisor of elections of the
 1114  county in which the overseas voter is registered no later than
 1115  10 days after the date of the election shall be counted as long
 1116  as the absentee ballot is otherwise proper.
 1117         Section 20. Paragraphs (a) and (b) of subsection (4) of
 1118  section 102.031, Florida Statutes, are amended, and paragraph
 1119  (d) is added to that subsection, to read:
 1120         102.031 Maintenance of good order at polls; authorities;
 1121  persons allowed in polling rooms and early voting areas;
 1122  unlawful solicitation of voters.—
 1123         (4)(a) No person, political committee, committee of
 1124  continuous existence, or other group or organization may solicit
 1125  voters inside the polling place or within 100 feet of the
 1126  entrance to any polling place, or a polling room where the
 1127  polling place is also a polling room, or an early voting site,
 1128  or an office of the supervisor of elections where absentee
 1129  ballots are requested and printed on demand for the convenience
 1130  of electors who appear in person to request them. Before the
 1131  opening of the polling place or early voting site, the clerk or
 1132  supervisor shall designate the no-solicitation zone and mark the
 1133  boundaries.
 1134         (b) For the purpose of this subsection, the terms “solicit”
 1135  or “solicitation” shall include, but not be limited to, seeking
 1136  or attempting to seek any vote, fact, opinion, or contribution;
 1137  distributing or attempting to distribute any political or
 1138  campaign material, leaflet, or handout; conducting a poll except
 1139  as specified in this paragraph; seeking or attempting to seek a
 1140  signature on any petition; and selling or attempting to sell any
 1141  item. The terms “solicit” or “solicitation” may shall not be
 1142  construed to prohibit exit polling.
 1143         (d) Except as provided in paragraph (a), the supervisor may
 1144  not designate a no-solicitation zone or otherwise restrict
 1145  access to any person, political committee, committee of
 1146  continuous existence, candidate, or other group or organization
 1147  for the purposes of soliciting voters. This paragraph applies to
 1148  any public or private property used as a polling place or early
 1149  voting site.
 1150         Section 21. Subsections (1) and (4) of section 102.141,
 1151  Florida Statutes, are amended to read:
 1152         102.141 County canvassing board; duties.—
 1153         (1) The county canvassing board shall be composed of the
 1154  supervisor of elections; a county court judge, who shall act as
 1155  chair; and the chair of the board of county commissioners.
 1156  Alternate canvassing board members must be appointed pursuant to
 1157  paragraph (e). In the event any member of the county canvassing
 1158  board is unable to serve, is a candidate who has opposition in
 1159  the election being canvassed, or is an active participant in the
 1160  campaign or candidacy of any candidate who has opposition in the
 1161  election being canvassed, such member shall be replaced as
 1162  follows:
 1163         (a) If no county court judge is able to serve or if all are
 1164  disqualified, the chief judge of the judicial circuit in which
 1165  the county is located shall appoint as a substitute member a
 1166  qualified elector of the county who is not a candidate with
 1167  opposition in the election being canvassed and who is not an
 1168  active participant in the campaign or candidacy of any candidate
 1169  with opposition in the election being canvassed. In such event,
 1170  the members of the county canvassing board shall meet and elect
 1171  a chair.
 1172         (b) If the supervisor of elections is unable to serve or is
 1173  disqualified, the chair of the board of county commissioners
 1174  shall appoint as a substitute member a member of the board of
 1175  county commissioners who is not a candidate with opposition in
 1176  the election being canvassed and who is not an active
 1177  participant in the campaign or candidacy of any candidate with
 1178  opposition in the election being canvassed. The supervisor,
 1179  however, shall act in an advisory capacity to the canvassing
 1180  board.
 1181         (c) If the chair of the board of county commissioners is
 1182  unable to serve or is disqualified, the board of county
 1183  commissioners shall appoint as a substitute member one of its
 1184  members who is not a candidate with opposition in the election
 1185  being canvassed and who is not an active participant in the
 1186  campaign or candidacy of any candidate with opposition in the
 1187  election being canvassed.
 1188         (d) If a substitute member or alternate member cannot be
 1189  appointed as provided elsewhere in this subsection, or in the
 1190  event of a vacancy in such office, the chief judge of the
 1191  judicial circuit in which the county is located shall appoint as
 1192  a substitute member or alternate member a qualified elector of
 1193  the county who is not a candidate with opposition in the
 1194  election being canvassed and who is not an active participant in
 1195  the campaign or candidacy of any candidate with opposition in
 1196  the election being canvassed.
 1197         (e)1. The chief judge of the judicial circuit in which the
 1198  county is located shall appoint a county court judge as an
 1199  alternate member of the county canvassing board or, if each
 1200  county court judge is unable to serve or is disqualified, shall
 1201  appoint an alternate member who is qualified to serve as a
 1202  substitute member under paragraph (a).
 1203         2. The chair of the board of county commissioners shall
 1204  appoint a member of the board of county commissioners as an
 1205  alternate member of the county canvassing board or, if each
 1206  member of the board of county commissioners is unable to serve
 1207  or is disqualified, shall appoint an alternate member who is
 1208  qualified to serve as a substitute member under paragraph (d).
 1209         3. If a member of the county canvassing board is unable to
 1210  participate in a meeting of the board, the chair of the county
 1211  canvassing board or his or her designee shall designate which
 1212  alternate member will serve as a member of the board in the
 1213  place of the member who is unable to participate at that
 1214  meeting.
 1215         4. If not serving as one of the three members of the county
 1216  canvassing board, an alternate member may be present, observe,
 1217  and communicate with the three members constituting the county
 1218  canvassing board, but may not vote in the board’s decisions or
 1219  determinations.
 1220         (4)(a) The supervisor of elections shall upload into the
 1221  county’s election management system by 7 p.m. on the day before
 1222  the election the results of all early voting and absentee
 1223  ballots that have been canvassed and tabulated by the end of the
 1224  early voting period. Pursuant to ss. 101.5614(9), 101.657, and
 1225  101.68(2), the tabulation of votes cast or the results of such
 1226  uploads may not be made public before the close of the polls on
 1227  election day.
 1228         (b) The canvassing board shall report all early voting and
 1229  all tabulated absentee results to the Department of State within
 1230  30 minutes after the polls close. Thereafter, the canvassing
 1231  board shall report, with the exception of provisional ballot
 1232  results, updated precinct election results to the department at
 1233  least every 45 minutes until all results are completely
 1234  reported. The supervisor of elections shall notify the
 1235  department immediately of any circumstances that do not permit
 1236  periodic updates as required. Results shall be submitted in a
 1237  format prescribed by the department.
 1238         Section 22. Section 104.0616, Florida Statutes, is amended
 1239  to read:
 1240         104.0616 Absentee ballots and voting; violations.—
 1241         (1) For purposes of this section, the term “immediate
 1242  family” means a person’s spouse or the parent, child,
 1243  grandparent, or sibling of the person or the person’s spouse.
 1244         (2) Any person who provides or offers to provide, and any
 1245  person who accepts, a pecuniary or other benefit in exchange for
 1246  distributing, ordering, requesting, collecting, delivering, or
 1247  otherwise physically possessing more than two absentee ballots
 1248  per election in addition to his or her own ballot or a ballot
 1249  belonging to an immediate family member, with intent to alter,
 1250  change, modify, or erase any vote on the absentee ballot, except
 1251  as provided in ss. 101.6105-101.695, commits a felony of the
 1252  third degree, punishable as provided in s. 775.082, s. 775.083,
 1253  or s. 775.084.
 1254         Section 23. This act shall take effect October 1, 2013.