Bill Text: FL S1782 | 2020 | Regular Session | Introduced
Bill Title: Super Voting Sites
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Ethics and Elections [S1782 Detail]
Download: Florida-2020-S1782-Introduced.html
Florida Senate - 2020 SB 1782 By Senator Gainer 2-01622A-20 20201782__ 1 A bill to be entitled 2 An act relating to super voting sites; creating s. 3 101.0011, F.S.; authorizing the designation and 4 establishment of super voting sites by the supervisor 5 of elections if certain conditions are met; specifying 6 application of other provisions of the Florida 7 Election Code to the administration of super voting 8 sites; requiring the supervisor of elections to track 9 ballots cast at such sites according to the voter’s 10 precinct; authorizing the supervisor to recommend to 11 the board of county commissioners certain sites as 12 super voting site locations; requiring super voting 13 sites to meet certain criteria; requiring the 14 supervisor to designate super voting sites by a 15 specified date before an election; requiring the 16 supervisor to provide a super voting site plan to the 17 Division of Elections by a specified date; requiring 18 the division to approve or deny the proposed plan 19 within a specified timeframe; specifying the timeframe 20 and hours of operation for super voting sites; 21 requiring super voting sites to allow a person in line 22 at the time of closing to vote; authorizing 23 municipalities and special districts to provide voting 24 at super voting sites in certain elections; requiring 25 the supervisor to make certain voter data available; 26 requiring the supervisor to provide such data in a 27 specified manner to the division; specifying that a 28 vote cast at a super voting site must be counted even 29 if an elector dies on or before election day; 30 requiring an elector voting at a super voting site to 31 provide identification and complete a voter 32 certificate; prescribing the form of the certificate; 33 specifying applicability of provisions governing voter 34 challenges and the canvass of returns; amending ss. 35 97.021, 98.0981, 100.032, 101.001, and 101.015, F.S.; 36 conforming provisions to changes made by the act; 37 amending s. 101.051, F.S.; expanding the no 38 solicitation zone surrounding the entrance to voting 39 sites; conforming provisions to changes made by the 40 act; amending ss. 101.131, 101.151, 101.49, 101.5612, 41 101.591, 101.657, 101.69, 101.71, 102.031, and 42 102.141, F.S.; conforming provisions to changes made 43 by the act; providing an effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. Section 101.0011, Florida Statutes, is created 48 to read: 49 101.0011 Super voting sites.— 50 (1)(a) Upon the recommendation of the supervisor of 51 elections and approval by the board of county commissioners, the 52 supervisor may designate and establish one or more super voting 53 sites in the county at which any voter registered in the county 54 may vote. Any super voting site created pursuant to this section 55 may not be changed without the consent of the supervisor and a 56 majority of the members of the board of county commissioners. 57 Any super voting site established in accordance with this 58 section is otherwise considered a polling place subject to s. 59 101.71, except that a super voting site may be independent of 60 and dissociated from any precinct created by the county. If a 61 supervisor elects to designate and create one or more super 62 voting sites pursuant to this section, the supervisor is not 63 required to provide early voting in accordance with s. 101.657, 64 and any determinations, processes, or procedures adopted or 65 employed by the supervisor for the administration of early 66 voting are superseded by the requirements of this section. Any 67 requirements and authorizations in s. 101.001 which do not 68 conflict with this section shall otherwise continue to apply to 69 a county that elects to establish super voting sites. 70 (b) The supervisor shall mark, code, indicate on, or 71 otherwise track the voter’s precinct for each ballot cast at a 72 super voting site. The results or tabulation of votes cast at a 73 super voting site may not be made before the close of the polls 74 on election day. Official results must be reported by precinct. 75 (c) The supervisor shall recommend to the board of county 76 commissioners one or more locations within the county as a super 77 voting site. In order to be designated and established as a 78 super voting site, the site must be geographically located so as 79 to provide all voters in the county an equal opportunity to cast 80 a ballot, insofar as is practicable, and must provide sufficient 81 nonpermitted parking to accommodate the anticipated number of 82 voters. The geographic location of super voting sites must be 83 based upon demographics and the distribution of registered 84 voters within the county. 85 (d) The supervisor shall designate and establish any super 86 voting site by no later than the 30th day before an election. 87 The supervisor shall provide to the division no later than the 88 30th day before an election the county’s plan for use of super 89 voting sites, which must include an acknowledgement that the 90 board of county commissioners has elected to approve such super 91 voting sites, the address or addresses of the super voting site 92 or sites, and the hours that voting will occur at each site. The 93 division must determine whether the county’s plan complies with 94 the requirements of this subsection and approve or deny the plan 95 within 5 business days after its receipt of the plan, as 96 submitted by the supervisor. 97 (e) Voting at super voting sites shall begin on the 10th 98 day before an election that contains state or federal races and 99 end on election day. Each super voting site must be open for at 100 least 8 hours, but no more than 12 hours, per day during the 101 applicable period, except the site must be open for 12 hours on 102 election day. In addition, voting at super voting sites may be 103 offered at the discretion of the supervisor on the 15th, 14th, 104 13th, 12th, or 11th day before an election that contains state 105 or federal races for at least 8 hours per day, but no more than 106 12 hours per day. The supervisor may provide voting at super 107 voting sites for elections that are not held in conjunction with 108 a state or federal election. However, the supervisor has the 109 discretion to determine the hours of operation of super voting 110 sites in those elections. All super voting sites in a county 111 shall allow any person in line at the closing of a super voting 112 site to vote. 113 (f) Notwithstanding the requirements of s. 100.3605, 114 municipalities may provide voting at super voting sites in 115 municipal elections that are not held in conjunction with county 116 or state elections. If a municipality provides voting at super 117 voting sites, it may designate as many sites as necessary and 118 must conduct its activities in accordance with the provisions of 119 paragraphs (a)-(e). 120 (g) Notwithstanding the requirements of s. 189.04, special 121 districts may provide voting at super voting sites in any 122 district election not held in conjunction with county or state 123 elections. If a special district provides voting at super voting 124 sites, it may designate as many sites as necessary and shall 125 conduct its activities in accordance with the provisions of 126 paragraphs (a)-(e). 127 (2) During the time period in which a county operates a 128 super voting site, each supervisor shall make available the 129 total number of voters casting a ballot at each super voting 130 site during the previous day. Each supervisor shall prepare an 131 electronic data file listing the individual voters who cast a 132 ballot at each super voting site during the voting period before 133 election day. This information must be provided in electronic 134 format as provided by rule adopted by the division. The 135 information must be updated and made available no later than 136 noon of each day and contemporaneously provided to the division. 137 (3) The ballot of each elector voting at a super voting 138 site must be counted even if the elector dies on or before 139 election day. 140 (4)(a) The elector must provide identification and must 141 complete a voter certificate in substantially the following 142 form: 143 144 VOTER CERTIFICATE 145 146 I, ...., am a qualified elector in this election and registered 147 voter of .... County, Florida. I do solemnly swear or affirm 148 that I am the person so listed on the voter registration rolls 149 of .... County and that I reside at the listed address. I 150 understand that if I commit or attempt to commit fraud in 151 connection with voting, vote a fraudulent ballot, or vote more 152 than once in an election, I could be convicted of a felony of 153 the third degree and both fined up to $5,000 and imprisoned for 154 up to 5 years. I understand that my failure to sign this 155 certificate invalidates my ballot. 156 157 ...(Voter’s Signature)... 158 ...(Address)... 159 ...(City/State)... 160 161 (b) Any elector may challenge an elector seeking to vote at 162 a super voting site under the provisions of s. 101.111. Any 163 challenged voter must vote a provisional ballot. The canvassing 164 board shall review the ballot and decide the validity of the 165 ballot by majority vote. 166 (c) The canvassing of returns for ballots cast under this 167 subsection shall be substantially the same as for votes cast by 168 electors in precincts, as provided in s. 101.5614. 169 Section 2. Subsection (29) of section 97.021, Florida 170 Statutes, is amended to read: 171 97.021 Definitions.—For the purposes of this code, except 172 where the context clearly indicates otherwise, the term: 173 (29) “Polling room” means the actual room in which ballots 174 are cast on election day and during early voting or the period 175 in which super voting sites are open. 176 Section 3. Paragraphs (b) and (d) of subsection (1) and 177 paragraph (a) of subsection (2) of section 98.0981, Florida 178 Statutes, are amended to read: 179 98.0981 Reports; voting history; statewide voter 180 registration system information; precinct-level election 181 results; book closing statistics.— 182 (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM 183 INFORMATION.— 184 (b) After receipt of the information in paragraph (a), the 185 department shall prepare a report in electronic format which 186 contains the following information, separately compiled for the 187 primary and general election for all voters qualified to vote in 188 either election: 189 1. The unique identifier assigned to each qualified voter 190 within the statewide voter registration system; 191 2. All information provided by each qualified voter on his 192 or her voter registration application pursuant to s. 97.052(2), 193 except that which is confidential or exempt from public records 194 requirements; 195 3. Each qualified voter’s date of registration; 196 4. Each qualified voter’s current state representative 197 district, state senatorial district, and congressional district, 198 assigned by the supervisor of elections; 199 5. Each qualified voter’s current precinct; and 200 6. Voting history as transmitted under paragraph (a) to 201 include whether the qualified voter voted at a precinct 202 location, voted at a super voting site, voted during the early 203 voting period, voted by vote-by-mail ballot, attempted to vote 204 by vote-by-mail ballot that was not counted, attempted to vote 205 by provisional ballot that was not counted, or did not vote. 206 (d) File specifications are as follows: 207 1. The file mustshallcontain records designated by the 208 categories below for all qualified voters who, regardless of the 209 voter’s county of residence or active or inactive registration 210 status at the book closing for the corresponding election that 211 the file is being created for: 212 a. Voted a regular ballot at a precinct location. 213 b. Voted at a precinct location using a provisional ballot 214 that was subsequently counted. 215 c. Voted a regular ballot at a super voting site. 216 d. Voted at a super voting site using a provisional ballot 217 that was subsequently counted. 218 e. Voted a regular ballot during the early voting period. 219 f.d.Voted during the early voting period using a 220 provisional ballot that was subsequently counted. 221 g.e.Voted by vote-by-mail ballot. 222 h.f.Attempted to vote by vote-by-mail ballot, but the 223 ballot was not counted. 224 i.g.Attempted to vote by provisional ballot, but the 225 ballot was not counted in that election. 226 2. Each file mustshallbe created or converted into a tab 227 delimited format. 228 3. File names mustshalladhere to the following 229 convention: 230 a. Three-character county identifier as established by the 231 department followed by an underscore. 232 b. Followed by four-character file type identifier of 233 “VHO3” followed by an underscore. 234 c. Followed by FVRS election ID followed by an underscore. 235 d. Followed by Date Created followed by an underscore. 236 e. Date format is YYYYMMDD. 237 f. Followed by Time Created - HHMMSS. 238 g. Followed by “.txt”. 239 4. Each record mustshallcontain the following columns: 240 Record Identifier, FVRS Voter ID Number, FVRS Election ID 241 Number, Vote Date, Vote History Code, Precinct, Congressional 242 District, House District, Senate District, County Commission 243 District, and School Board District. 244 (2) PRECINCT-LEVEL ELECTION RESULTS.— 245 (a) Within 30 days after certification by the Elections 246 Canvassing Commission of a presidential preference primary 247 election, special election, primary election, or general 248 election, the supervisors of elections shall collect and submit 249 to the department precinct-level election results for the 250 election in a uniform electronic format specified by paragraph 251 (c). The precinct-level election results shall be compiled 252 separately for the primary or special primary election that 253 preceded the general or special general election, respectively. 254 The results mustshallspecifically include for each precinct 255 the total of all ballots cast for each candidate or nominee to 256 fill a national, state, county, or district office or proposed 257 constitutional amendment, with subtotals for each candidate and 258 ballot type, unless fewer than 30 voters voted a ballot type. 259 “All ballots cast” means ballots cast by voters who cast a 260 ballot whether at a precinct location, a super voting site, by 261 vote-by-mail ballot including overseas vote-by-mail ballots, 262 during the early voting period, or during the period in which 263 super voting sites are open, if applicable, or by provisional 264 ballot. 265 Section 4. Section 100.032, Florida Statutes, is amended to 266 read: 267 100.032 Election preparation report; general election.—Each 268 supervisor of elections must post a report on his or her 269 official website at least 3 months before a general election 270 which outlines preparations for the upcoming general election. 271 The report must include, at a minimum, the following elements: 272 the anticipated staffing levels during the early voting period 273 or the period during which super voting sites are operating, on 274 election day and after election day; and the anticipated amount 275 of automatic tabulating equipment at each early voting site, 276 super voting site, and polling place. 277 Section 5. Subsection (1) of section 101.001, Florida 278 Statutes, is amended to read: 279 101.001 Precincts and polling places; boundaries.— 280 (1) The board of county commissioners in each county, upon 281 recommendation and approval of the supervisor, shall alter or 282 create precincts for voting in the county. Each precinct shall 283 be numbered and, as nearly as practicable, composed of 284 contiguous and compact areas. The supervisor shall designate a 285 polling place at a suitable location within each precinct unless 286 the county has opted to operate super voting sites in accordance 287 with s. 101.0011. The precinct shall not be changed thereafter 288 except with the consent of the supervisor and a majority of the 289 members of the board of county commissioners. The board of 290 county commissioners and the supervisor may have precinct 291 boundaries conform to municipal boundaries in accordance with 292 the provisions of s. 101.002, but, in any event, the 293 registration books shall be maintained in such a manner that 294 there may be determined therefrom the total number of electors 295 in each municipality. 296 Section 6. Paragraph (b) of subsection (4) of section 297 101.015, Florida Statutes, is amended to read: 298 101.015 Standards for voting systems.— 299 (4) 300 (b)1. Each supervisor shall establish written procedures to 301 assure accuracy and security in his or her county, including 302 procedures related to early voting pursuant to s. 101.657 or 303 procedures related to super voting sites pursuant to s. 304 101.0011, if applicable. Such procedures shall be reviewed in 305 each odd-numbered year by the department. 306 2. Each supervisor shall submit any revisions to the 307 security procedures to the department at least 45 days before 308 early voting commences pursuant to s. 101.657 or super voting 309 sites open pursuant to s. 101.0011 in an election in which they 310 are to take effect. 311 Section 7. Subsections (2) and (5) of section 101.051, 312 Florida Statutes, are amended to read: 313 101.051 Electors seeking assistance in casting ballots; 314 oath to be executed; forms to be furnished.— 315 (2) It is unlawful for any person to be in the voting booth 316 with any elector except as provided in subsection (1). A person 317 at a polling place, super voting site, or early voting site, or 318 within 150100feet of the entrance of a polling place, super 319 voting site, or early voting site, may not solicit any elector 320 in an effort to provide assistance to vote pursuant to 321 subsection (1). Any person who violates this subsection commits 322 a misdemeanor of the first degree, punishable as provided in s. 323 775.082 or s. 775.083. 324 (5) If an elector needing assistance requests that a person 325 other than an election official provide him or her with 326 assistance in voting, the clerk or one of the inspectors shall 327 require the person providing assistance to take the following 328 oath: 329 330 DECLARATION TO PROVIDE ASSISTANCE 331 332 State of Florida 333 County of .... 334 Date .... 335 Precinct .... 336 337 I, ...(Print name)..., have been requested by ...(print 338 name of elector needing assistance)... to provide him or her 339 with assistance to vote. I swear or affirm that I am not the 340 employer, an agent of the employer, or an officer or agent of 341 the union of the voter and that I have not solicited this voter 342 at the polling place, super voting site, or early voting site or 343 within 150100feet of such locations in an effort to provide 344 assistance. 345 346 ...(Signature of assistor)... 347 348 Sworn and subscribed to before me this .... day of ...., 349 ...(year).... 350 351 ...(Signature of Official Administering Oath)... 352 353 Section 8. Section 101.131, Florida Statutes, is amended to 354 read: 355 101.131 Watchers at polls.— 356 (1) Each political party and each candidate may have one 357 watcher in each polling room or early voting area at any one 358 time during the election. A political committee formed for the 359 specific purpose of expressly advocating the passage or defeat 360 of an issue on the ballot may have one watcher for each polling 361 room or early voting area at any one time during the election. A 362Nowatcher may notshall be permitted tocome closer to the 363 officials’ table or the voting booths than is reasonably 364 necessary to properly perform his or her functions, but iseach365shall beallowed within the polling room or early voting area to 366 watch and observe the conduct of electors and officials. The 367 poll watchers shall furnish their own materials and necessities 368 and mayshallnot obstruct the orderly conduct of any election. 369 The poll watchers shall pose any questions regarding polling 370 place procedures directly to the clerk for resolution. They may 371 not interact with voters. Each poll watcher shall be a qualified 372 and registered elector of the county in which he or she serves. 373 (2) Each party, each political committee, and each 374 candidate requesting to have poll watchers shall designate, in 375 writing to the supervisors of elections, on a form prescribed by 376 the division, before noon of the second Tuesday preceding the 377 election poll watchers for each polling room on election day. 378 Designations of poll watchers for early voting areas and super 379 voting sites mustshallbe submitted in writing to the 380 supervisor of elections, on a form prescribed by the division, 381 before noon at least 14 days before early voting begins or super 382 voting sites open. The poll watchers for polling rooms shall be 383 approved by the supervisor of elections on or before the Tuesday 384 before the election. Poll watchers for early voting areas and 385 super voting sites shall be approved by the supervisor of 386 elections no later than 7 days before early voting begins or 387 super voting sites open. The supervisor shall furnish to each 388 election board a list of the poll watchers designated and 389 approved for such polling rooms,orearly voting areas, or super 390 voting sites. Designation of poll watchers shall be made by the 391 chair of the county executive committee of a political party, 392 the chair of a political committee, or the candidate requesting 393 to have poll watchers. 394 (3) ANocandidate or a sheriff, deputy sheriff, police 395 officer, or other law enforcement officer may not be designated 396 as a poll watcher. 397 (4) All poll watchers shall be allowed to enter and watch 398 polls in all polling rooms and early voting areas within the 399 county in which they have been designated if the number of poll 400 watchers at any particular polling place does not exceed the 401 number provided in this section. 402 (5) The supervisor of elections shall provide to each 403 designated poll watcher, no later than 7 days before early 404 voting begins, a poll watcher identification badge that 405 identifies the poll watcher by name. Each poll watcher must wear 406 his or her identification badge while in the polling room or 407 early voting area. 408 Section 9. Paragraph (b) of subsection (1) of section 409 101.151, Florida Statutes, is amended to read: 410 101.151 Specifications for ballots.— 411 (1) 412 (b) Polling places, super voting sites, and early voting 413 sites may employ a ballot-on-demand production system to print 414 individual marksense ballots, including provisional ballots, for 415 eligible electors. Ballot-on-demand technology may be used to 416 produce marksense vote-by-mail and election-day ballots. 417 Section 10. Subsection (1) of section 101.49, Florida 418 Statutes, is amended to read: 419 101.49 Procedure of election officers where signatures 420 differ.— 421 (1) Whenever any clerk or inspector, upon a just comparison 422 of the signatures, doubts that the signature on the 423 identification presented by the elector is the same as the 424 signature the elector affixed on the precinct register or the 425 voterearly votingcertificate under s. 101.0011(4)(a) or s. 426 101.657(4)(a), as applicable, the clerk or inspector shall 427 deliver to the person an affidavit which shall be in 428 substantially the following form: 429 430 STATE OF FLORIDA, 431 COUNTY OF .... 432 433 I do solemnly swear (or affirm) that my name is ....; that 434 I am .... years old; that I was born in the State of ....; that 435 I am registered to vote; that I am a qualified voter of the 436 county and state aforesaid and have not voted in this election. 437 438 ...(Signature of voter)... 439 440 Sworn to and subscribed before me this .... day of ...., A. 441 D. ...(year).... 442 443 ...(Clerk or inspector of election)... 444 445 Precinct No. .... 446 County of .... 447 448 Section 11. Subsection (2) of section 101.5612, Florida 449 Statutes, is amended to read: 450 101.5612 Testing of tabulating equipment.— 451 (2) On any day not more than 10 days beforeprior tothe 452 commencement of early voting as provided in s. 101.657 or the 453 opening of super voting sites as provided in s. 101.0011, the 454 supervisor of elections shall have the automatic tabulating 455 equipment publicly tested to ascertain that the equipment will 456 correctly count the votes cast for all offices and on all 457 measures. If the ballots to be used at the polling place on 458 election day are not available at the time of the testing, the 459 supervisor may conduct an additional test not more than 10 days 460 before election day. Public notice of the time and place of the 461 test shall be given at least 48 hours prior thereto by 462 publication on the supervisor of elections’ website and once in 463 one or more newspapers of general circulation in the county or, 464 if there is no newspaper of general circulation in the county, 465 by posting the notice in at least four conspicuous places in the 466 county. The supervisor or the municipal elections official may, 467 at the time of qualifying, give written notice of the time and 468 location of the public preelection test to each candidate 469 qualifying with that office and obtain a signed receipt that the 470 notice has been given. The Department of State shall give 471 written notice to each statewide candidate at the time of 472 qualifying, or immediately at the end of qualifying, that the 473 voting equipment will be tested and advise each candidate to 474 contact the county supervisor of elections as to the time and 475 location of the public preelection test. The supervisor or the 476 municipal elections official shall, at least 15 days before 477prior tothe commencement of early voting as provided in s. 478 101.657 or the opening of super voting sites as provided in s. 479 101.0011, send written notice by certified mail to the county 480 party chair of each political party and to all candidates for 481 other than statewide office whose names appear on the ballot in 482 the county and who did not receive written notification from the 483 supervisor or municipal elections official at the time of 484 qualifying, stating the time and location of the public 485 preelection test of the automatic tabulating equipment. The 486 canvassing board shall convene, and each member of the 487 canvassing board shall certify to the accuracy of the test. For 488 the test, the canvassing board may designate one member to 489 represent it. The test shall be open to representatives of the 490 political parties, the press, and the public. Each political 491 party may designate one person with expertise in the computer 492 field who shall be allowed in the central counting room when all 493 tests are being conducted and when the official votes are being 494 counted. The designee shall not interfere with the normal 495 operation of the canvassing board. 496 Section 12. Paragraphs (a) and (b) of subsection (2) of 497 section 101.591, Florida Statutes, are amended to read: 498 101.591 Voting system audit.— 499 (2)(a) A manual audit consistsshall consistof a public 500 manual tally of the votes cast in one randomly selected race 501 that appears on the ballot. The tally sheet mustshallinclude 502 election day, super voting site,election-day,vote-by-mail, 503 early voting, provisional, and overseas ballots, in at least 1 504 percent but no more than 2 percent of the precincts chosen at 505 random by the county canvassing board or the local board 506 responsible for certifying the election. If 1 percent of the 507 precincts is less than one entire precinct, the audit mustshall508 be conducted using at least one precinct chosen at random by the 509 county canvassing board or the local board responsible for 510 certifying the election. Such precincts shall be selected at a 511 publicly noticed canvassing board meeting. 512 (b) An automated audit consistsshall consistof a public 513 automated tally of the votes cast across every race that appears 514 on the ballot. The tally sheet mustshallinclude election day, 515 super voting site, vote-by-mail, early voting, provisional, and 516 overseas ballots in at least 20 percent of the precincts chosen 517 at random by the county canvassing board or the local board 518 responsible for certifying the election. Such precincts shall be 519 selected at a publicly noticed canvassing board meeting. 520 Section 13. Subsection (5) is added to section 101.657, 521 Florida Statutes, to read: 522 101.657 Early voting.— 523 (5) This section does not apply to a county that has opted 524 to operate super voting sites in accordance with s. 101.0011. 525 Section 14. Section 101.69, Florida Statutes, is amended to 526 read: 527 101.69 Voting in person; return of vote-by-mail ballot.— 528 (1) The provisions of this code shall not be construed to 529 prohibit any elector from voting in person at the elector’s 530 precinct on the day of an election or at an early voting site or 531 super voting site, notwithstanding that the elector has 532 requested a vote-by-mail ballot for that election. An elector 533 who has returned a voted vote-by-mail ballot to the supervisor, 534 however, is deemed to have cast his or her ballot and is not 535 entitled to vote another ballot or to have a provisional ballot 536 counted by the county canvassing board. An elector who has 537 received a vote-by-mail ballot and has not returned the voted 538 ballot to the supervisor, but desires to vote in person, shall 539 return the ballot, whether voted or not, to the election board 540 in the elector’s precinct or to an early voting site or super 541 voting site. The returned ballot shall be marked “canceled” by 542 the board and placed with other canceled ballots. However, if 543 the elector does not return the ballot and the election 544 official: 545 (a) Confirms that the supervisor has received the elector’s 546 vote-by-mail ballot, the elector shall not be allowed to vote in 547 person. If the elector maintains that he or she has not returned 548 the vote-by-mail ballot or remains eligible to vote, the elector 549 shall be provided a provisional ballot as provided in s. 550 101.048. 551 (b) Confirms that the supervisor has not received the 552 elector’s vote-by-mail ballot, the elector shall be allowed to 553 vote in person as provided in this code. The elector’s vote-by 554 mail ballot, if subsequently received, shall not be counted and 555 shall remain in the mailing envelope, and the envelope shall be 556 marked “Rejected as Illegal.” 557 (c) Cannot determine whether the supervisor has received 558 the elector’s vote-by-mail ballot, the elector may vote a 559 provisional ballot as provided in s. 101.048. 560 (2) The supervisor shall allow an elector who has received 561 a vote-by-mail ballot to physically return a voted vote-by-mail 562 ballot to the supervisor by placing the envelope containing his 563 or her marked ballot in a secure drop box. Secure drop boxes 564 shall be placed at the main office of the supervisor, at each 565 branch office of the supervisor, and at each early voting site. 566 Secure drop boxes may also be placed at any other site that 567 would otherwise qualify as an early voting site under s. 568 101.657(1) or a super voting site under s. 101.0011(1)(c); 569 provided, however, that any such site must be staffed during the 570county’s early votinghours of operation of the county’s early 571 voting sites or super voting sites, whichever is applicable, by 572 an employee of the supervisor’s office or a sworn law 573 enforcement officer. 574 Section 15. Subsection (1) of section 101.71, Florida 575 Statutes, is amended to read: 576 101.71 Polling place.— 577 (1)There shall be inEach precinct in each county must 578 have aonepolling place that iswhich shall beaccessible to 579 the public on election day andismanaged by a board of 580 inspectors and clerk of election. If a county has opted to 581 operate super voting sites in accordance with s. 101.0011, each 582 precinct is no longer required to have a polling place but the 583 other requirements of this section regarding polling places 584 continue to apply. Only one elector isshall beallowed to enter 585 any voting booth at a time; onlyno one exceptinspectors are 586shall beallowed to speak to the elector while casting his or 587 her vote; and an inspector may notno inspector shallspeak to 588 or interfere with the elector concerning his or her voting, 589 except to perform the duties as such inspector. Notwithstanding 590 any other provision of this chapter, this section isshall be591 applicable ifwherethe computer method of voting is in use, and 592 adequate provision mustshallbe made for the privacy of the 593 elector while casting his or her vote. 594 Section 16. Section 102.031, Florida Statutes, is amended 595 to read: 596 102.031 Maintenance of good order at polls; authorities; 597 persons allowed in polling rooms and early voting areas; 598 unlawful solicitation of voters.— 599 (1) Each election board shall possess full authority to 600 maintain order at the polls and enforce obedience to its lawful 601 commands during an election and the canvass of the votes. 602 (2) The sheriff shall deputize a deputy sheriff for each 603 polling place andeachearly voting site who shall be present 604 during the time the polls or early voting sites are open and 605 until the election is completed, who shall be subject to all 606 lawful commands of the clerk or inspectors, and who shall 607 maintain good order. The deputy may summon assistance from among 608 bystanders to aid him or her when necessary to maintain peace 609 and order at the polls or early voting sites. 610 (3)(a) No person may enter any polling room or polling 611 place where the polling place is also a polling room, any 612 polling room at a super voting site, or any early voting area 613 during voting hours except the following: 614 1. Official poll watchers; 615 2. Inspectors; 616 3. Election clerks; 617 4. The supervisor of elections or his or her deputy; 618 5. Persons there to vote, persons in the care of a voter, 619 or persons caring for such voter; 620 6. Law enforcement officers or emergency service personnel 621 there with permission of the clerk or a majority of the 622 inspectors; or 623 7. A person, whether or not a registered voter, who is 624 assisting with or participating in a simulated election for 625 minors, as approved by the supervisor of elections. 626 (b) The restriction in this subsection does not apply where 627 the polling room is in an area commonly traversed by the public 628 in order to gain access to businesses or homes or in an area 629 traditionally utilized as a public area for discussion. 630 (4)(a) No person, political committee, or other group or 631 organization may solicit voters inside the polling place or 632 within 150 feet of the entrance to any polling place, a polling 633 room where the polling place is also a polling room, a super 634 voting site, an early voting site, or an office of the 635 supervisor where vote-by-mail ballots are requested and printed 636 on demand for the convenience of electors who appear in person 637 to request them. Before the opening of the polling place, super 638 voting site, or early voting site, the clerk or supervisor shall 639 designate the no-solicitation zone and mark the boundaries. 640 (b) For the purpose of this subsection, the terms “solicit” 641 or “solicitation” shall include, but not be limited to, seeking 642 or attempting to seek any vote, fact, opinion, or contribution; 643 distributing or attempting to distribute any political or 644 campaign material, leaflet, or handout; conducting a poll except 645 as specified in this paragraph; seeking or attempting to seek a 646 signature on any petition; and selling or attempting to sell any 647 item. The terms “solicit” or “solicitation” may not be construed 648 to prohibit exit polling. 649 (c) Each supervisor of elections shall inform the clerk of 650 the area within which soliciting is unlawful, based on the 651 particular characteristics of that polling place. The supervisor 652 or the clerk may take any reasonable action necessary to ensure 653 order at the polling places, including, but not limited to, 654 having disruptive and unruly persons removed by law enforcement 655 officers from the polling room or place or from the 150-foot 656 zone surrounding the polling place. 657 (d) Except as provided in paragraph (a), the supervisor may 658 not designate a no-solicitation zone or otherwise restrict 659 access to any person, political committee, candidate, or other 660 group or organization for the purposes of soliciting voters. 661 This paragraph applies to any public or private property used as 662 a polling place, a super voting site, or an early voting site. 663 (e) The owner, operator, or lessee of the property on which 664 a polling place, a super voting site, or an early voting site is 665 located, or an agent or employee thereof, may not prohibit the 666 solicitation of voters outside of the no-solicitation zone 667 during polling hours. 668 (5) No photography is permitted in the polling room,or669 early voting area, or polling room or voting area at a super 670 voting site, except an elector may photograph his or her own 671 ballot. 672 Section 17. Subsection (4) of section 102.141, Florida 673 Statutes, is amended to read: 674 102.141 County canvassing board; duties.— 675 (4)(a) Except as provided under paragraph (b), the 676 supervisor of elections shall upload into the county’s election 677 management system by 7 p.m. on the day before the election the 678 results of all early voting and vote-by-mail ballots that have 679 been canvassed and tabulated by theend of the early voting 680 period. Pursuant to ss. 101.5614(8), 101.657, and 101.68(2), the 681 tabulation of votes cast or the results of such uploads may not 682 be made public before the close of the polls on election day. 683 (b) If in a county opting to use super voting site voting 684 pursuant to s. 101.0011, the supervisor of elections shall 685 upload into the county’s election management system after the 686 polls close on election day the results of all super voting site 687 and vote-by-mail ballots that have been canvassed and tabulated 688 by the 3rd day before the election. Pursuant to ss. 689 101.0011(1)(b), 101.5614(8), and 101.68(2), the tabulation of 690 votes cast or the results of such uploads may not be made public 691 before the close of the polls on election day. 692 (c) The canvassing board shall report all early voting and 693 all tabulated vote-by-mail results to the Department of State 694 within 30 minutes after the polls close. Thereafter, the 695 canvassing board shall report, with the exception of provisional 696 ballot results, updated precinct election results or super 697 voting site election results, if applicable, to the department 698 at least every 45 minutes until all results are completely 699 reported. The supervisor of elections shall notify the 700 department immediately of any circumstances that do not permit 701 periodic updates as required. Results shall be submitted in a 702 format prescribed by the department. 703 Section 18. This act shall take effect July 1, 2020.