Bill Text: FL S1028 | 2016 | Regular Session | Introduced

Bill Title: Online Voting

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-03-11 - Died in Commerce and Tourism [S1028 Detail]

Download: Florida-2016-S1028-Introduced.html
       Florida Senate - 2016                                    SB 1028
       By Senator Sachs
       34-01322-16                                           20161028__
    1                        A bill to be entitled                      
    2         An act relating to online voting; amending s.
    3         617.0721, F.S.; authorizing online voting by members
    4         of a corporation not for profit; requiring written
    5         consent by a member for online voting; providing
    6         requirements for online voting; providing that a
    7         member voting electronically is counted as being in
    8         attendance at the meeting; requiring online voting
    9         systems to be authorized by a resolution adopted by
   10         the board of directors; providing requirements for
   11         such resolution; requiring a corporation to provide
   12         certain notice to members; requiring a corporation to
   13         establish procedures and deadlines for members to
   14         consent to or opt out of online voting; clarifying
   15         that a member’s consent to online voting is valid
   16         until the member opts out; providing applicability;
   17         providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (2) and present subsection (7) of
   22  section 617.0721, Florida Statutes, are amended, present
   23  subsections (3) through (7) of that section are redesignated as
   24  subsections (4) through (8), respectively, and a new subsection
   25  (3) is added to that section, to read:
   26         617.0721 Voting by members.—
   27         (2) A member who is entitled to vote may vote in person,
   28  online, or, unless the articles of incorporation or the bylaws
   29  otherwise provide, may vote by proxy executed in writing by the
   30  member or by his or her duly authorized attorney in fact.
   31  Notwithstanding any provision to the contrary in the articles of
   32  incorporation or bylaws, any copy, facsimile transmission, or
   33  other reliable reproduction of the original proxy may be
   34  substituted or used in lieu of the original proxy for any
   35  purpose for which the original proxy could be used if the copy,
   36  facsimile transmission, or other reproduction is a complete
   37  reproduction of the entire proxy. An appointment of a proxy is
   38  not valid after 11 months following the date of its execution
   39  unless otherwise provided in the proxy.
   40         (a) If directors or officers are to be elected by members,
   41  the bylaws may provide that such elections may be conducted by
   42  mail.
   43         (b) A corporation may reject a vote, consent, waiver, or
   44  proxy appointment if the secretary or other officer or agent
   45  authorized to tabulate votes, acting in good faith, has a
   46  reasonable basis for doubting the validity of the signature on
   47  it or the signatory’s authority to sign for the member.
   48         (3) The corporation may conduct elections and other
   49  membership votes through an Internet-based online voting system
   50  if a member consents in writing to online voting and if the
   51  following requirements are met:
   52         (a) The corporation provides each member with:
   53         1. A method to authenticate the member’s identity to the
   54  online voting system.
   55         2. A method to confirm, at least 14 days before the voting
   56  deadline, that the member’s electronic device can successfully
   57  communicate with the online voting system.
   58         3. A method that is consistent with the election and voting
   59  procedures in the corporation’s bylaws.
   60         (b) The corporation uses an online voting system that:
   61         1. Authenticates the member’s identity.
   62         2. Authenticates the validity of each online vote to ensure
   63  that the vote is not altered in transit.
   64         3. Transmits a receipt from the online voting system to
   65  each member who casts a vote online.
   66         4. Permanently separates any authentication or identifying
   67  information from the electronic election ballot, rendering it
   68  impossible to tie an election ballot to a specific member. This
   69  subparagraph applies only if the corporation’s bylaws provide
   70  for secret ballots for the election of directors.
   71         5.Stores and keeps electronic ballots accessible to
   72  election officials for recount, inspection, and review purposes.
   73         (c) A member voting electronically pursuant to this
   74  subsection is counted as being in attendance at the meeting for
   75  purposes of determining a quorum.
   76         (d)This subsection applies to a corporation that provides
   77  for and authorizes an online voting system pursuant to this
   78  subsection by a resolution adopted by the board of directors.
   79  The board resolution must provide that members receive notice of
   80  the opportunity to vote through an online voting system, must
   81  establish reasonable procedures and deadlines for members to
   82  consent in writing to online voting, and must establish
   83  reasonable procedures and deadlines for members to opt out of
   84  online voting after giving consent. Written notice of a meeting
   85  at which the board resolution regarding online voting will be
   86  considered must be mailed, delivered, or electronically
   87  transmitted to the members and posted conspicuously on the
   88  corporation property at least 14 days before the meeting.
   89  Evidence of compliance with the 14-day notice requirement must
   90  be made by an affidavit executed by the person providing the
   91  notice and filed with the official records of the corporation.
   92         (e) A member’s consent to online voting is valid until the
   93  member opts out of online voting pursuant to the procedures
   94  established by the board of directors pursuant to paragraph (d).
   95         (f) This subsection applies to any matter that requires a
   96  vote of the members.
   97         (8)(7) Subsections (1), (5), and (6), and (7) do not apply
   98  to a corporation that is an association, as defined in s.
   99  720.301, or a corporation regulated by chapter 718 or chapter
  100  719.
  101         Section 2. This act shall take effect July 1, 2016.