Bill Text: FL S1820 | 2020 | Regular Session | Introduced
Bill Title: Mail Ballot Elections
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Ethics and Elections [S1820 Detail]
Download: Florida-2020-S1820-Introduced.html
Florida Senate - 2020 SB 1820
By Senator Rader
29-00519A-20 20201820__
1 A bill to be entitled
2 An act relating to mail ballot elections; amending s.
3 97.012, F.S.; revising the responsibilities of the
4 Secretary of State; amending s. 97.021, F.S.;
5 deleting, revising, and defining terms; amending ss.
6 97.026, 97.061, 97.071, 98.065, 98.077, 98.0981,
7 98.255, and 98.461, F.S.; conforming provisions and
8 cross-references to changes made by the act; creating
9 s. 100.0001, F.S.; requiring that elections in this
10 state be conducted by mail; requiring the Department
11 of State to adopt any rules necessary for conducting
12 elections by mail; amending ss. 100.011, 100.032,
13 100.221, 100.371, and 101.001, F.S.; conforming
14 provisions and terminology to changes made by the act;
15 creating s. 101.012, F.S.; requiring the supervisor of
16 elections to establish voter services centers for
17 specified purposes; requiring the supervisor to
18 designate centers a certain length of time before an
19 election; requiring the supervisor to provide certain
20 information regarding centers to the Division of
21 Elections; specifying limitations and requirements
22 regarding locations and hours of operation for
23 centers; specifying that any elector in line at the
24 closing of a center must be allowed to vote; creating
25 s. 101.013, F.S.; requiring the supervisor to allow an
26 elector to deposit a voted ballot in a secure drop
27 box; specifying permissible locations for secure drop
28 boxes; specifying that any elector in line at the
29 closing of a secure drop box location must be allowed
30 to drop off his or her voted ballot; creating s.
31 101.014, F.S.; authorizing an elector to obtain a
32 replacement ballot under specified circumstances;
33 specifying requirements and limitations; authorizing a
34 member of the elector’s immediate family or the
35 elector’s legal guardian to request a replacement
36 ballot on behalf of the elector; defining the term
37 “immediate family”; requiring the supervisor to take
38 certain actions upon receiving a request for a
39 replacement ballot; prescribing the deadline for
40 receiving voted replacement ballots; amending s.
41 101.015, F.S.; conforming provisions to changes made
42 by the act; repealing s. 101.031, F.S., relating to
43 instructions for electors; repealing s. 101.043, F.S.,
44 relating to identification required at polls; amending
45 ss. 101.045, 101.048, 101.049, 101.051, 101.111,
46 101.131, 101.151, and 101.171, F.S.; conforming
47 provisions and terminology to changes made by the act;
48 amending s. 101.20, F.S.; revising the timeframe for
49 the publication and the mailing of sample ballots;
50 conforming provisions to changes made by the act;
51 repealing s. 101.23, F.S., relating to the requirement
52 that election inspectors keep a list of those voting;
53 repealing s. 101.24, F.S., relating to ballot boxes
54 and ballots; repealing s. 101.43, F.S., relating to
55 substitute ballots; repealing s. 101.49, F.S.,
56 relating to the procedure of election officers where
57 signatures differ; repealing s. 101.51, F.S., relating
58 to the requirement that electors occupy the voting
59 booth alone; amending ss. 101.56062 and 101.56063,
60 F.S.; conforming provisions to changes made by the
61 act; repealing s. 101.5608, F.S., relating to
62 procedures for voting by electronic or
63 electromechanical method; amending ss. 101.5610,
64 101.5611, 101.5612, 101.5613, 101.572, and 101.591,
65 F.S.; conforming provisions to changes made by the
66 act; repealing ss. 101.6101, 101.6102, 101.6103,
67 101.6104, 101.6105, 101.6106, and 101.6107, F.S.,
68 relating to the Mail Ballot Election Act;
69 transferring, renumbering, and amending s. 101.62,
70 F.S.; conforming provisions to changes made by the
71 act; transferring, renumbering, and amending s.
72 101.64, F.S.; prescribing the timeframes by which the
73 supervisor shall mail ballots; authorizing the
74 supervisor to accept requests that a ballot be mailed
75 to a different address than that in the voter
76 registration records if certain conditions are met;
77 conforming provisions to changes made by the act;
78 transferring, renumbering, and amending s. 101.65;
79 revising instructions to electors to conform to
80 changes made by the act; amending s. 101.655, F.S.;
81 conforming provisions and a cross-reference to changes
82 made by the act; repealing s. 101.657, F.S., relating
83 to early voting; transferring, renumbering, and
84 amending s. 101.661, F.S.; conforming provisions to
85 changes made by the act; transferring, renumbering,
86 and amending s. 101.662, F.S.; conforming provisions
87 to changes made by the act; transferring and
88 renumbering s. 101.663, F.S., relating to an elector’s
89 change of residence to another state; transferring,
90 renumbering, and amending s. 101.67, F.S.; conforming
91 provisions to changes made by the act; transferring,
92 renumbering, and amending s. 101.68, F.S.; conforming
93 provisions to changes made by the act; transferring,
94 renumbering, and amending s. 101.69, F.S.; conforming
95 provisions to changes made by the act; amending ss.
96 101.6921, 101.6923, 101.6925, 101.694, 101.6951,
97 101.6952, and 101.697, F.S.; conforming provisions and
98 cross-references to changes made by the act; repealing
99 s. 101.71, F.S., relating to polling places;
100 transferring, renumbering, and amending s. 101.715,
101 F.S.; conforming provisions to changes made by the
102 act; amending s. 101.733, F.S.; conforming provisions
103 to changes made by the act; amending s. 101.74, F.S.;
104 authorizing the supervisor to establish additional
105 voter services centers or secure drop box locations in
106 the event of an emergency; amending ss. 102.012,
107 102.014, 102.021, 102.031, 102.101, 102.141, 102.166,
108 102.168, 104.047, 104.0515, 104.0615, 104.0616,
109 104.17, 104.20, 104.29, 117.05, 153.53, 155.04,
110 163.514, 171.0413, 256.011, 394.459, 741.406, 790.06,
111 and 916.107, F.S.; conforming provisions, terminology,
112 and cross-references to changes made by the act;
113 providing an effective date.
114
115 Be It Enacted by the Legislature of the State of Florida:
116
117 Section 1. Subsections (1) and (13) of section 97.012,
118 Florida Statutes, are amended to read:
119 97.012 Secretary of State as chief election officer.—The
120 Secretary of State is the chief election officer of the state,
121 and it is his or her responsibility to:
122 (1) Obtain and maintain uniformity in the interpretation
123 and implementation of the election laws, including uniformity in
124 the conduct of elections by mail. In order to obtain and
125 maintain uniformity in the interpretation and implementation of
126 the election laws, the Department of State may, pursuant to ss.
127 120.536(1) and 120.54, adopt by rule uniform standards for the
128 proper and equitable interpretation and implementation of the
129 requirements of chapters 97 through 102 and 105 of the Election
130 Code.
131 (13) Designate an office within the department to be
132 responsible for providing information regarding voter
133 registration procedures and vote-by-mail ballot procedures to
134 absent uniformed services voters and overseas voters.
135 Section 2. Section 97.021, Florida Statutes, is amended to
136 read:
137 97.021 Definitions.—For the purposes of this code, except
138 where the context clearly indicates otherwise, the term:
139 (1) “Absent elector” means any registered and qualified
140 voter who casts a vote-by-mail ballot.
141 (2) “Absent uniformed services voter” means:
142 (a) A member of a uniformed service on active duty who, by
143 reason of such active duty, is absent from the place of
144 residence where the member is otherwise qualified to vote;
145 (b) A member of the merchant marine who, by reason of
146 service in the merchant marine, is absent from the place of
147 residence where the member is otherwise qualified to vote; or
148 (c) A spouse or dependent of a member referred to in
149 paragraph (a) or paragraph (b) who, by reason of the active duty
150 or service of the member, is absent from the place of residence
151 where the spouse or dependent is otherwise qualified to vote.
152 (2)(3) “Address of legal residence” means the legal
153 residential address of the elector and includes all information
154 necessary to differentiate one residence from another,
155 including, but not limited to, a distinguishing apartment,
156 suite, lot, room, or dormitory room number or other identifier.
157 (3)(4) “Alternative formats” has the meaning ascribed in
158 the Americans with Disabilities Act of 1990, Pub. L. No. 101
159 336, 42 U.S.C. ss. 12101 et seq., including specifically the
160 technical assistance manuals promulgated thereunder, as amended.
161 (4)(5) “Ballot” or “official ballot” when used in reference
162 to:
163 (a) “Marksense ballots” means that printed sheet of paper,
164 used in conjunction with an electronic or electromechanical vote
165 tabulation voting system, containing the names of candidates, or
166 a statement of proposed constitutional amendments or other
167 questions or propositions submitted to the electorate at any
168 election, on which sheet of paper an elector casts his or her
169 vote.
170 (b) “Electronic or electromechanical devices” means a
171 ballot that is voted by the process of electronically
172 designating, including by touchscreen, or marking with a marking
173 device for tabulation by automatic tabulating equipment or data
174 processing equipment.
175 (5)(6) “Candidate” means any person to whom any one or more
176 of the following applies:
177 (a) Any person who seeks to qualify for nomination or
178 election by means of the petitioning process.
179 (b) Any person who seeks to qualify for election as a
180 write-in candidate.
181 (c) Any person who receives contributions or makes
182 expenditures, or gives his or her consent for any other person
183 to receive contributions or make expenditures, with a view to
184 bringing about his or her nomination or election to, or
185 retention in, public office.
186 (d) Any person who appoints a treasurer and designates a
187 primary depository.
188 (e) Any person who files qualification papers and
189 subscribes to a candidate’s oath as required by law.
190
191 However, this definition does not include any candidate for a
192 political party executive committee.
193 (6)(7) “Department” means the Department of State.
194 (7)(8) “Division” means the Division of Elections of the
195 Department of State.
196 (9) “Early voting” means casting a ballot prior to election
197 day at a location designated by the supervisor of elections and
198 depositing the voted ballot in the tabulation system.
199 (10) “Early voting area” means the area designated by the
200 supervisor of elections at an early voting site at which early
201 voting activities occur, including, but not limited to, lines of
202 voters waiting to be processed, the area where voters check in
203 and are processed, and the area where voters cast their ballots.
204 (11) “Early voting site” means those locations specified in
205 s. 101.657 and the building in which early voting occurs.
206 (8)(12) “Election” means any primary election, special
207 primary election, special election, general election, or
208 presidential preference primary election.
209 (9)(13) “Election board” means the clerk and inspectors
210 appointed to conduct an election.
211 (10)(14) “Election costs” shall include, but are not be
212 limited to, expenditures for all paper supplies such as
213 envelopes, instructions to voters, affidavits, reports, ballot
214 cards, ballot booklets for vote-by-mail voters, postage, and
215 notices to voters; advertisements for registration book
216 closings, testing of voting equipment, and sample ballots, and
217 polling places; forms used to qualify candidates; polling site
218 rental and equipment delivery and pickup; data processing time
219 and supplies; election records retention; and labor costs,
220 including those costs uniquely associated with mail vote-by-mail
221 ballot preparation, election poll workers, and election night
222 canvass.
223 (11)(15) “Elector” is synonymous with the word “voter” or
224 “qualified elector or voter,” except where the word is used to
225 describe presidential electors.
226 (12)(16) “General election” means an election held on the
227 first Tuesday after the first Monday in November in the even
228 numbered years, for the purpose of filling national, state,
229 county, and district offices and for voting on constitutional
230 amendments not otherwise provided for by law.
231 (13)(17) “Lists of registered electors” means names and
232 associated information of registered electors maintained by the
233 department in the statewide voter registration system or
234 generated or derived from the statewide voter registration
235 system. Lists may be produced in printed or electronic format.
236 (14)(18) “Member of the Merchant Marine” means an
237 individual, other than a member of a uniformed service or an
238 individual employed, enrolled, or maintained on the Great Lakes
239 for the inland waterways, who is:
240 (a) Employed as an officer or crew member of a vessel
241 documented under the laws of the United States, a vessel owned
242 by the United States, or a vessel of foreign-flag registry under
243 charter to or control of the United States; or
244 (b) Enrolled with the United States for employment or
245 training for employment, or maintained by the United States for
246 emergency relief service, as an officer or crew member of such
247 vessel.
248 (15)(19) “Minor political party” is any group as specified
249 in s. 103.095 which on January 1 preceding a primary election
250 does not have registered as members 5 percent of the total
251 registered electors of the state.
252 (16)(20) “Newspaper of general circulation” means a
253 newspaper printed in the language most commonly spoken in the
254 area within which it circulates and which is readily available
255 for purchase by all inhabitants in the area of circulation, but
256 does not include a newspaper intended primarily for members of a
257 particular professional or occupational group, a newspaper the
258 primary function of which is to carry legal notices, or a
259 newspaper that is given away primarily to distribute
260 advertising.
261 (17)(21) “Nominal value” means having a retail value of $10
262 or less.
263 (18)(22) “Nonpartisan office” means an office for which a
264 candidate is prohibited from campaigning or qualifying for
265 election or retention in office based on party affiliation.
266 (19)(23) “Office that serves persons with disabilities”
267 means any state office that takes applications either in person
268 or over the telephone from persons with disabilities for any
269 program, service, or benefit primarily related to their
270 disabilities.
271 (20)(24) “Overseas voter” means:
272 (a) An absent uniformed services voter who, by reason of
273 active duty or service, is absent from the United States on the
274 date of the election involved;
275 (b) A person who resides outside the United States and is
276 qualified to vote in the last place in which the person was
277 domiciled before leaving the United States; or
278 (c) A person who resides outside the United States and, but
279 for such residence, would be qualified to vote in the last place
280 in which the person was domiciled before leaving the United
281 States.
282 (21)(25) “Overvote” means that the elector marks or
283 designates more names than there are persons to be elected to an
284 office or designates more than one answer to a ballot question,
285 and the tabulator records no vote for the office or question.
286 (22)(26) “Persons with disabilities” means individuals who
287 have a physical or mental impairment that substantially limits
288 one or more major life activities.
289 (23)(27) “Petition circulator” means an entity or
290 individual who collects signatures for compensation for the
291 purpose of qualifying a proposed constitutional amendment for
292 ballot placement.
293 (28) “Polling place” is the building which contains the
294 polling room where ballots are cast.
295 (29) “Polling room” means the actual room in which ballots
296 are cast on election day and during early voting.
297 (24)(30) “Primary election” means an election held
298 preceding the general election for the purpose of nominating a
299 party nominee to be voted for in the general election to fill a
300 national, state, county, or district office.
301 (25)(31) “Provisional ballot” means a conditional ballot,
302 the validity of which is determined by the canvassing board.
303 (26)(32) “Public assistance” means assistance provided
304 through the food assistance program under the federal
305 Supplemental Nutrition Assistance Program; the Medicaid program;
306 the Special Supplemental Food Program for Women, Infants, and
307 Children; and the Temporary Cash Assistance Program.
308 (27)(33) “Public office” means any federal, state, county,
309 municipal, school, or other district office or position which is
310 filled by vote of the electors.
311 (28)(34) “Qualifying educational institution” means any
312 public or private educational institution receiving state
313 financial assistance which has, as its primary mission, the
314 provision of education or training to students who are at least
315 18 years of age, provided such institution has more than 200
316 students enrolled in classes with the institution and provided
317 that the recognized student government organization has
318 requested this designation in writing and has filed the request
319 with the office of the supervisor of elections in the county in
320 which the institution is located.
321 (29)(35) “Special election” is a special election called
322 for the purpose of voting on a party nominee to fill a vacancy
323 in the national, state, county, or district office.
324 (30)(36) “Special primary election” is a special nomination
325 election designated by the Governor, called for the purpose of
326 nominating a party nominee to be voted on in a general or
327 special election.
328 (31)(37) “Supervisor” means the supervisor of elections.
329 (32)(38) “Tactile input device” means a device that
330 provides information to a voting system by means of a voter
331 touching the device, such as a keyboard, and that complies with
332 the requirements of s. 101.56062(1)(k) and (l).
333 (33)(39) “Third-party registration organization” means any
334 person, entity, or organization soliciting or collecting voter
335 registration applications. A third-party voter registration
336 organization does not include:
337 (a) A person who seeks only to register to vote or collect
338 voter registration applications from that person’s spouse,
339 child, or parent; or
340 (b) A person engaged in registering to vote or collecting
341 voter registration applications as an employee or agent of the
342 division, supervisor of elections, Department of Highway Safety
343 and Motor Vehicles, or a voter registration agency.
344 (34)(40) “Undervote” means that the elector does not
345 properly designate any choice for an office or ballot question,
346 and the tabulator records no vote for the office or question.
347 (35)(41) “Uniformed services” means the Army, Navy, Air
348 Force, Marine Corps, and Coast Guard, the commissioned corps of
349 the Public Health Service, and the commissioned corps of the
350 National Oceanic and Atmospheric Administration.
351 (36)(42) “Voter interface device” means any device that
352 communicates voting instructions and ballot information to a
353 voter and allows the voter to select and vote for candidates and
354 issues. A voter interface device may not be used to tabulate
355 votes. Any vote tabulation must be based upon a subsequent scan
356 of the marked marksense ballot or the voter-verifiable paper
357 output after the voter interface device process has been
358 completed.
359 (37)(43) “Voter registration agency” means any office that
360 provides public assistance, any office that serves persons with
361 disabilities, any center for independent living, or any public
362 library.
363 (38)(44) “Voter registration official” means any supervisor
364 of elections or individual authorized by the Secretary of State
365 to accept voter registration applications and execute updates to
366 the statewide voter registration system.
367 (39) “Voter services center” means a location that is
368 designated by the supervisor of elections to provide services as
369 specified in s. 101.012.
370 (40)(45) “Voting booth” or “booth” means that booth or
371 enclosure at a voter services center wherein an elector casts
372 his or her ballot for tabulation by an electronic or
373 electromechanical device.
374 (41)(46) “Voting system” means a method of casting and
375 processing votes that functions wholly or partly by use of
376 electromechanical or electronic apparatus or by use of marksense
377 ballots and includes, but is not limited to, the procedures for
378 casting and processing votes and the programs, operating
379 manuals, supplies, printouts, and other software necessary for
380 the system’s operation.
381 Section 3. Section 97.026, Florida Statutes, is amended to
382 read:
383 97.026 Forms to be available in alternative formats and via
384 the Internet.—It is the intent of the Legislature that all forms
385 required to be used in chapters 97-106 shall be made available
386 upon request, in alternative formats. Such forms shall include
387 mail vote-by-mail ballots as alternative formats for such
388 ballots become available and the Division of Elections is able
389 to certify systems that provide them. Whenever possible, such
390 forms, with the exception of mail vote-by-mail ballots, shall be
391 made available by the Department of State via the Internet.
392 Sections that contain such forms include, but are not limited
393 to, ss. 97.051, 97.052, 97.053, 97.057, 97.058, 97.0583, 97.071,
394 97.073, 97.1031, 98.075, 99.021, 100.361, 100.371, 101.003,
395 101.0031, 101.005, 101.045, 101.171, 101.20, 101.6103, 101.62,
396 101.64, 101.65, 101.657, 105.031, 106.023, and 106.087.
397 Section 4. Section 97.061, Florida Statutes, is amended to
398 read:
399 97.061 Special registration for electors requiring
400 assistance.—
401 (1) Any person who is eligible to register and who is
402 unable to read or write or who, because of some disability,
403 needs assistance in voting shall upon that person’s request be
404 registered under the procedure prescribed by this section and is
405 shall be entitled to receive assistance with voting at the polls
406 under the conditions prescribed by this section.
407 (2) If a person is qualified to register pursuant to this
408 section, the voter registration official shall note in that
409 person’s registration record that the person needs assistance in
410 voting.
411 (3) The precinct register generated by the supervisor shall
412 contain a notation that such person is eligible for assistance
413 in voting, and The supervisor may make a notation on the voter
414 information card that such person is eligible for assistance in
415 voting. Such person shall be entitled to receive the assistance
416 of two election officials or some other person of his or her own
417 choice, other than the person’s employer, the agent of the
418 person’s employer, or an officer or agent of the person’s union,
419 without the necessity of executing the “Declaration to Secure
420 Assistance” prescribed in s. 101.051. Such person shall notify
421 the supervisor of any change in his or her condition which makes
422 it unnecessary for him or her to receive assistance in voting.
423 Section 5. Subsections (1) and (3) of section 97.071,
424 Florida Statutes, are amended to read:
425 97.071 Voter information card.—
426 (1) A voter information card shall be furnished by the
427 supervisor to all registered voters residing in the supervisor’s
428 county. The card must contain:
429 (a) Voter’s registration number.
430 (b) Date of registration.
431 (c) Full name.
432 (d) Party affiliation.
433 (e) Date of birth.
434 (f) Address of legal residence.
435 (g) Precinct number.
436 (h) Polling place address.
437 (i) Name of supervisor and contact information of
438 supervisor.
439 (i)(j) Other information deemed necessary by the
440 supervisor.
441 (3) In the case of a change of name, address of legal
442 residence, polling place address, or party affiliation, the
443 supervisor shall issue the voter a new voter information card.
444 Section 6. Paragraph (c) of subsection (4) of section
445 98.065, Florida Statutes, is amended to read:
446 98.065 Registration list maintenance programs.—
447 (4)
448 (c) The supervisor must designate as inactive all voters
449 who have been sent an address confirmation final notice and who
450 have not returned the postage prepaid, preaddressed return form
451 within 30 days or for which the final notice has been returned
452 as undeliverable. Names on the inactive list may not be used to
453 calculate the number of signatures needed on any petition. A
454 voter on the inactive list may be restored to the active list of
455 voters upon the voter updating his or her registration,
456 requesting a vote-by-mail ballot, or appearing to vote. However,
457 if the voter does not update his or her voter registration
458 information, request a vote-by-mail ballot, or vote by the
459 second general election after being placed on the inactive list,
460 the voter’s name shall be removed from the statewide voter
461 registration system and the voter shall be required to
462 reregister to have his or her name restored to the statewide
463 voter registration system.
464 Section 7. Subsection (4) of section 98.077, Florida
465 Statutes, is amended to read:
466 98.077 Update of voter signature.—
467 (4) Except as authorized in ss. 101.0091 and 101.048 ss.
468 101.048 and 101.68:
469 (a) All signature updates for use in verifying vote-by-mail
470 and provisional ballots must be received by the appropriate
471 supervisor before the elector’s ballot is received by the
472 supervisor or, in the case of provisional ballots, before the
473 elector’s ballot is cast.
474 (b) The signature on file at the time the vote-by-mail
475 ballot is received or at the time the provisional ballot is cast
476 is the signature that shall be used in verifying the signature
477 on the voter’s certificate the vote-by-mail and provisional
478 ballot voter’s certificate certificates, respectively.
479 Section 8. Paragraphs (b) and (d) of subsection (1) and
480 paragraph (a) of subsection (2) of section 98.0981, Florida
481 Statutes, are amended to read:
482 98.0981 Reports; voting history; statewide voter
483 registration system information; precinct-level election
484 results; book closing statistics.—
485 (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
486 INFORMATION.—
487 (b) After receipt of the information in paragraph (a), the
488 department shall prepare a report in electronic format which
489 contains the following information, separately compiled for the
490 primary and general election for all voters qualified to vote in
491 either election:
492 1. The unique identifier assigned to each qualified voter
493 within the statewide voter registration system;
494 2. All information provided by each qualified voter on his
495 or her voter registration application pursuant to s. 97.052(2),
496 except that which is confidential or exempt from public records
497 requirements;
498 3. Each qualified voter’s date of registration;
499 4. Each qualified voter’s current state representative
500 district, state senatorial district, and congressional district,
501 assigned by the supervisor of elections;
502 5. Each qualified voter’s current precinct; and
503 6. Voting history as transmitted under paragraph (a) to
504 include whether the qualified voter voted at a voter services
505 center or the supervisor’s office precinct location, voted
506 during the early voting period, voted by mail vote-by-mail
507 ballot, attempted to vote by mail but the ballot vote-by-mail
508 ballot that was not counted, attempted to vote by provisional
509 ballot but the ballot that was not counted, or did not vote.
510 (d) File specifications are as follows:
511 1. The file shall contain records designated by the
512 categories below for all qualified voters who, regardless of the
513 voter’s county of residence or active or inactive registration
514 status at the book closing for the corresponding election that
515 the file is being created for:
516 a. Voted a regular ballot by mail at a precinct location.
517 b. Voted at a precinct location using a provisional ballot
518 that was subsequently counted.
519 c. Voted a regular ballot at a voter services center or the
520 supervisor’s office during the early voting period.
521 d. Voted during the early voting period using a provisional
522 ballot that was subsequently counted.
523 e. Voted by vote-by-mail ballot.
524 d.f. Attempted to vote by mail vote-by-mail ballot, but the
525 ballot was not counted.
526 e.g. Attempted to vote by provisional ballot, but the
527 ballot was not counted in that election.
528 2. Each file shall be created or converted into a tab
529 delimited format.
530 3. File names shall adhere to the following convention:
531 a. Three-character county identifier as established by the
532 department followed by an underscore.
533 b. Followed by four-character file type identifier of
534 “VHO3” followed by an underscore.
535 c. Followed by FVRS election ID followed by an underscore.
536 d. Followed by Date Created followed by an underscore.
537 e. Date format is YYYYMMDD.
538 f. Followed by Time Created - HHMMSS.
539 g. Followed by “.txt”.
540 4. Each record shall contain the following columns: Record
541 Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
542 Date, Vote History Code, Precinct, Congressional District, House
543 District, Senate District, County Commission District, and
544 School Board District.
545 (2) PRECINCT-LEVEL ELECTION RESULTS.—
546 (a) Within 30 days after certification by the Elections
547 Canvassing Commission of a presidential preference primary
548 election, special election, primary election, or general
549 election, the supervisors of elections shall collect and submit
550 to the department precinct-level election results for the
551 election in a uniform electronic format specified by paragraph
552 (c). The precinct-level election results shall be compiled
553 separately for the primary or special primary election that
554 preceded the general or special general election, respectively.
555 The results shall specifically include for each precinct the
556 total of all ballots cast for each candidate or nominee to fill
557 a national, state, county, or district office or proposed
558 constitutional amendment, with subtotals for each candidate and
559 ballot type, unless fewer than 30 voters voted a ballot type.
560 “All ballots cast” means ballots cast by voters who cast a
561 ballot whether by mail at a precinct location, by vote-by-mail
562 ballot, including overseas vote-by-mail ballots, in person,
563 during the early voting period, or by provisional ballot.
564 Section 9. Subsection (1) of section 98.255, Florida
565 Statutes, is amended to read:
566 98.255 Voter education programs.—
567 (1) The Department of State shall adopt rules prescribing
568 minimum standards for nonpartisan voter education. The standards
569 shall, at a minimum, address:
570 (a) Voter registration;
571 (b) Balloting procedures, by mail and polling place;
572 (c) Voter rights and responsibilities;
573 (d) Distribution of sample ballots; and
574 (e) Public service announcements.
575 Section 10. Section 98.461, Florida Statutes, is amended to
576 read:
577 98.461 Registration application, precinct register;
578 contents.—
579 (1) A registration application, approved by the Department
580 of State, containing the information required in s. 97.052 shall
581 be retained by the supervisor of elections of the county of the
582 applicant’s registration. However, the registration application
583 may be microfilmed and such microfilm substituted for the
584 original registration application; or, when voter registration
585 information, including the voter’s signature, is maintained
586 digitally or on electronic, magnetic, or optic media, such
587 stored information may be substituted for the original
588 registration application. Such microfilms or stored information
589 shall be retained in the custody of the supervisor of elections
590 of the county of the applicant’s registration. In the event the
591 original registration applications are microfilmed or maintained
592 digitally or on electronic or other media, such originals may be
593 destroyed in accordance with the schedule approved by the Bureau
594 of Archives and Records Management of the Division of Library
595 and Information Services of the Department of State.
596 (2) A computer printout or electronic database shall be
597 used at the polls as a precinct register. The precinct register
598 shall contain the date of the election, the precinct number, and
599 the following information concerning each registered elector:
600 last name, first name, middle name or initial, and suffix; party
601 affiliation; residence address; registration number; date of
602 birth; sex, if provided; race, if provided; whether the voter
603 needs assistance in voting; and such other additional
604 information as to readily identify the elector. The precinct
605 register shall also contain a space for the elector’s signature
606 and a space for the initials of the witnessing clerk or
607 inspector or an electronic device may be provided for this
608 purpose.
609 Section 11. Section 100.0001, Florida Statutes, is created
610 to read:
611 100.0001 Elections to be conducted by mail.—All elections
612 in this state shall be conducted by mail. The department shall
613 adopt any rules necessary to provide for uniformity in the
614 conduct of elections by mail and the procedures for conducting
615 elections by mail.
616 Section 12. Section 100.011, Florida Statutes, is amended
617 to read:
618 100.011 Election Opening and closing of polls, all
619 elections; expenses.—
620 (1) The polls shall be open at the voting places at 7:00
621 a.m., on the day of the election, and shall be kept open until
622 7:00 p.m., of the same day, and the time shall be regulated by
623 the customary time in standard use in the county seat of the
624 locality. The inspectors shall make public proclamation of the
625 opening and closing of the polls. During the election and
626 canvass of the votes, the ballot box shall not be concealed. Any
627 elector who is in line at the time of the official closing of
628 the polls shall be allowed to cast a vote in the election.
629 (2) The time of opening and closing of the polls shall be
630 observed in all elections held in this state, including
631 municipal and school elections.
632 (3) The expenses of holding all elections for county and
633 state offices necessarily incurred shall be paid out of the
634 treasury of the county or state, as the case may be, in the same
635 manner and by the same officers as in general elections.
636 (2)(a)(4)(a) The provisions of any special law to the
637 contrary notwithstanding, the expenses of holding a special
638 district or community development district election, or the
639 district’s proportionate share of regular election costs, as the
640 case may be, shall be paid out of the district’s treasury and in
641 the same manner as in general elections. This subsection applies
642 to any district, whether created by or pursuant to special or
643 general law, which is a special district as defined in s.
644 200.001(8)(c) or a community development district as defined in
645 s. 190.003(6).
646 (b) The provisions of any special law to the contrary
647 notwithstanding, the supervisor of elections may impose an
648 interest penalty on any amount due and owing to him or her from
649 a special district or community development district if payment
650 is not made within 30 days from receipt of the bill or within 10
651 working days of the required time authorized by interlocal
652 agreement. The rate of such interest shall be the rate
653 established pursuant to s. 55.03.
654 (c) The provisions of any special law to the contrary
655 notwithstanding, all independent and dependent special district
656 elections, with the exception of community development district
657 elections, shall be conducted in accordance with the
658 requirements of ss. 189.04 and 189.041.
659 Section 13. Section 100.032, Florida Statutes, is amended
660 to read:
661 100.032 Election preparation report; general election.—Each
662 supervisor of elections must post a report on his or her
663 official website at least 3 months before a general election
664 which outlines preparations for the upcoming general election.
665 The report must include, at a minimum, the following elements:
666 the anticipated staffing levels during the early voting period,
667 on election day and after election day; and the anticipated
668 amount of automatic tabulating equipment at each voter services
669 center early voting site and polling place.
670 Section 14. Section 100.221, Florida Statutes, is amended
671 to read:
672 100.221 General election laws to govern bond referenda.—The
673 laws governing the holding of general elections are applicable
674 to bond referenda, except as provided in ss. 100.201-100.351. A
675 county, district, or municipality is not required to offer early
676 voting for a bond referendum that is not held in conjunction
677 with a county or state election. The places for voting in a bond
678 referendum shall be the same as the places for voting in general
679 elections when a bond referendum is held in the county or
680 district; however, when a bond referendum is held in a
681 municipality, the polling places shall be the same as in other
682 municipal elections.
683 Section 15. Paragraph (e) of subsection (13) of section
684 100.371, Florida Statutes, is amended to read:
685 100.371 Initiatives; procedure for placement on ballot.—
686 (13)
687 (e)1. Any financial impact statement that the Supreme Court
688 finds not to be in accordance with this subsection shall be
689 remanded solely to the Financial Impact Estimating Conference
690 for redrafting, provided the court’s advisory opinion is
691 rendered at least 75 days before the election at which the
692 question of ratifying the amendment will be presented. The
693 Financial Impact Estimating Conference shall prepare and adopt a
694 revised financial impact statement no later than 5 p.m. on the
695 15th day after the date of the court’s opinion.
696 2. If, by 5 p.m. on the 75th day before the election, the
697 Supreme Court has not issued an advisory opinion on the initial
698 financial impact statement prepared by the Financial Impact
699 Estimating Conference for an initiative amendment that otherwise
700 meets the legal requirements for ballot placement, the financial
701 impact statement shall be deemed approved for placement on the
702 ballot.
703 3. In addition to the financial impact statement required
704 by this subsection, the Financial Impact Estimating Conference
705 shall draft an initiative financial information statement. The
706 initiative financial information statement should describe in
707 greater detail than the financial impact statement any projected
708 increase or decrease in revenues or costs that the state or
709 local governments would likely experience and the estimated
710 economic impact on the state and local economy if the ballot
711 measure were approved. If appropriate, the initiative financial
712 information statement may include both estimated dollar amounts
713 and a description placing the estimated dollar amounts into
714 context. The initiative financial information statement must
715 include both a summary of not more than 500 words and additional
716 detailed information that includes the assumptions that were
717 made to develop the financial impacts, workpapers, and any other
718 information deemed relevant by the Financial Impact Estimating
719 Conference.
720 4. The Department of State shall have printed, and shall
721 furnish to each supervisor of elections, a copy of the summary
722 from the initiative financial information statements. The
723 supervisors shall have the summary from the initiative financial
724 information statements available at each voter services center
725 polling place and at the main office of the supervisor of
726 elections upon request.
727 5. The Secretary of State and the Office of Economic and
728 Demographic Research shall make available on the Internet each
729 initiative financial information statement in its entirety. In
730 addition, each supervisor of elections whose office has a
731 website shall post the summary from each initiative financial
732 information statement on the website. Each supervisor shall
733 include a copy of each summary from the initiative financial
734 information statements and the Internet addresses for the
735 information statements on the Secretary of State’s and the
736 Office of Economic and Demographic Research’s websites in the
737 publication or mailing required by s. 101.20.
738 Section 16. Section 101.001, Florida Statutes, is amended
739 to read:
740 101.001 Precinct Precincts and polling places; boundaries.—
741 (1) The board of county commissioners in each county, upon
742 recommendation and approval of the supervisor, shall alter or
743 create precincts for voting in the county. Each precinct shall
744 be numbered and, as nearly as practicable, composed of
745 contiguous and compact areas. The supervisor shall designate a
746 polling place at a suitable location within each precinct. The
747 precinct may shall not be changed thereafter except with the
748 consent of the supervisor and a majority of the members of the
749 board of county commissioners. The board of county commissioners
750 and the supervisor may have precinct boundaries conform to
751 municipal boundaries in accordance with the provisions of s.
752 101.002, but, in any event, the registration books shall be
753 maintained in such a manner that there may be determined
754 therefrom the total number of electors in each municipality.
755 (2) When in any election there are fewer than 25 registered
756 electors of the only political party having candidates on the
757 ballot at any precinct, such precinct may be combined with other
758 adjoining precincts upon the recommendation of the supervisor
759 and the approval of the county commissioners. Notice of the
760 combination of precincts shall be given in the same manner as
761 provided in s. 101.71(2).
762 (3)(a) Each supervisor of elections shall maintain a
763 suitable map drawn to a scale no smaller than 3 miles to the
764 inch and clearly delineating all major observable features such
765 as roads, streams, and railway lines and showing the current
766 geographical boundaries of each precinct, representative
767 district, and senatorial district, and other type of district in
768 the county subject to the elections process in this code.
769 (b) The supervisor shall provide to the department data on
770 all precincts in the county associated with the most recent
771 decennial census blocks within each precinct.
772 (c) The department shall maintain a searchable database
773 that contains the precincts and the corresponding most recent
774 decennial census blocks within the precincts for each county,
775 including a historical file that allows the census blocks to be
776 traced through the prior decade.
777 (d) The supervisor of elections shall notify the Secretary
778 of State in writing within 10 days after any reorganization of
779 precincts and shall furnish a copy of the map showing the
780 current geographical boundaries and designation of each new
781 precinct. However, if precincts are composed of whole census
782 blocks, the supervisor may furnish, in lieu of a copy of the
783 map, a list, in an electronic format prescribed by the
784 Department of State, associating each census block in the county
785 with its precinct.
786 (e) Any precinct established or altered under the
787 provisions of this section shall consist of areas bounded on all
788 sides only by census block boundaries from the most recent
789 United States Census. If the census block boundaries split or
790 conflict with another political boundary listed below, the
791 boundary listed below may be used:
792 1. Governmental unit boundaries reported in the most recent
793 Boundary and Annexation Survey published by the United States
794 Census Bureau;
795 2. Visible features that are readily distinguishable upon
796 the ground, such as streets, railroads, tracks, streams, and
797 lakes, and that are indicated upon current census maps, official
798 Department of Transportation maps, official municipal maps,
799 official county maps, or a combination of such maps;
800 3. Boundaries of public parks, public school grounds, or
801 churches; or
802 4. Boundaries of counties, incorporated municipalities, or
803 other political subdivisions that meet criteria established by
804 the United States Census Bureau for block boundaries.
805 (4)(a) Within 10 days after there is any change in the
806 division, number, or boundaries of the precincts, or the
807 location of the polling places, the supervisor of elections
808 shall make in writing an accurate description of any new or
809 altered precincts, setting forth the boundary lines and shall
810 identify the location of each new or altered polling place. A
811 copy of the document describing such changes shall be posted at
812 the supervisor’s office.
813 (b) Any changes in the county precinct data shall be
814 provided to the department within 10 days after a change.
815 (c) Precinct data shall include all precincts for which
816 precinct-level election results and voting history results are
817 reported.
818 Section 17. Section 101.012, Florida Statutes, is created
819 to read:
820 101.012 Voter services centers.—
821 (1) The supervisor of elections shall establish voter
822 services centers to:
823 (a) Provide in-person voting for persons with disabilities
824 as required by law.
825 (b) Allow an elector to request and obtain a replacement
826 ballot if a mail ballot is destroyed, spoiled, lost, or not
827 received by the elector; or in the event of an election held for
828 the purpose of nominating a political party nominee, an elector
829 may request and obtain a replacement ballot for the elector’s
830 newly designated party affiliation if the elector updated his or
831 her party affiliation before the book-closing deadline but after
832 the supervisor has mailed out ballots pursuant to s. 101.003.
833 (c) Provide secure drop boxes for electors to return voted
834 mail ballots.
835 (d) Allow an elector to update his or her residence or name
836 in accordance with s. 101.045.
837 (e) Allow a person whose eligibility to vote cannot be
838 determined to cast a provisional ballot in accordance with s.
839 101.048.
840 (f) Allow an elector to submit a cure affidavit for a mail
841 ballot or a provisional ballot.
842 (g) Allow an elector whose voter registration has been
843 designated as inactive to obtain a ballot.
844 (2) The supervisor shall designate each voter services
845 center by no later than the 30th day before an election. The
846 supervisor shall provide to the division no later than the 30th
847 day before an election the address of each voter services center
848 and the hours of operation of each center.
849 (3) In addition to any main or branch office of the
850 supervisor, the supervisor may designate any city hall,
851 permanent public library facility, fairground, civic center,
852 courthouse, county commission building, stadium, convention
853 center, government-owned senior center, or government-owned
854 community center as a voter services center. In designating the
855 locations of voter services centers, the supervisor must ensure
856 that the center locations are geographically located so as to
857 provide all voters in the county an equal opportunity to cast a
858 ballot. Additionally, the supervisor may designate one voter
859 services center per election in an area of the county that does
860 not have any of the eligible locations specified in this
861 subsection.
862 (4) For any election that contains state or federal races,
863 voter services centers shall be open for the period beginning on
864 the 10th day before an election and ending on the day of the
865 election, and be open for at least 8 hours but not more than 12
866 hours per day at each location during the applicable period. In
867 addition, the supervisor may operate voter services centers on
868 the 15th, 14th, 13th, 12th, or 11th day before an election that
869 contains state or federal races for at least 8 hours per day,
870 but not more than 12 hours per day. The supervisor may operate
871 voter services centers for elections that are not held in
872 conjunction with a state or federal election, but the supervisor
873 has discretion to determine the hours of operation of centers in
874 those elections.
875 (5) All voter services centers in a county must allow any
876 elector in line at the closing of the center to vote or receive
877 other services.
878 Section 18. Section 101.013, Florida Statutes, is created
879 to read:
880 101.013 Secure drop boxes.—
881 (1) The supervisor shall allow an elector who has received
882 a ballot to physically return the voted ballot to the supervisor
883 by placing the envelope containing his or her marked ballot in a
884 secure drop box. Secure drop boxes must be placed at the main
885 office of the supervisor, at each branch office of the
886 supervisor, and at each voter services center.
887 (2) Secure drop boxes may also be placed at any of the
888 locations specified in s. 101.012(3), provided that any such
889 site is staffed during the hours of its operation by an employee
890 of the supervisor’s office or a sworn law enforcement officer.
891 All stand-alone drop box locations must be designated by a sign
892 that is conspicuously posted during the time that such locations
893 are available to receive ballots.
894 (3) All secure drop box locations in a county must allow
895 any elector who is in line waiting to drop off a voted ballot
896 when the location closes to return his or her ballot.
897 Section 19. Section 101.014, Florida Statutes, is created
898 to read:
899 101.014 Replacement ballots.—
900 (1) An elector may obtain a replacement ballot if the
901 mailed ballot is destroyed, spoiled, lost, or not received by
902 the elector. Replacement ballots may be mailed, made available
903 in the main or branch office of the supervisor, or made
904 available at a voter services center. A replacement ballot may
905 not be mailed to an elector later than 8 days before the
906 election.
907 (2) In order to be issued a replacement ballot, the elector
908 must complete and sign a replacement ballot request form. The
909 department shall prescribe the form by rule.
910 (3)(a) If directly instructed in writing by the elector, a
911 member of the elector’s immediate family or the elector’s legal
912 guardian may request a replacement ballot. For purposes of this
913 paragraph, the term “immediate family” means the elector’s
914 spouse or the parent, child, grandparent, or sibling of the
915 elector. The person making the request must disclose:
916 1. The name of the elector for whom the ballot is
917 requested.
918 2. The elector’s address.
919 3. The elector’s date of birth.
920 4. The requester’s name.
921 5. The requester’s address.
922 6. The requester’s driver license number, if available.
923 7. The requester’s relationship to the elector.
924 8. The requester’s signature.
925 (b) If the supervisor or his or her designee is satisfied
926 that the designee is authorized to pick up the replacement
927 ballot and that the signature of the elector on the written
928 authorization matches the signature of the elector on file, the
929 supervisor shall give the ballot to that designee for delivery
930 to the elector.
931 (4) Upon receiving a request for a replacement ballot, the
932 supervisor shall:
933 (a) Verify the registration of the elector and ensure that
934 another ballot has not been returned by the elector;
935 (b) Note in the list of electors that the elector has
936 requested a replacement ballot;
937 (c) Mark the mailing envelope clearly so that it may be
938 readily identified as a replacement ballot; and
939 (d) Issue the replacement ballot by mail or other means.
940 (5) The completed and signed replacement ballot request
941 form and the voted replacement ballot must be received by the
942 supervisor of elections by 7 p.m. on election day in order to be
943 counted.
944 Section 20. Paragraph (b) of subsection (4) of section
945 101.015, Florida Statutes, is amended to read:
946 101.015 Standards for voting systems.—
947 (4)
948 (b)1. Each supervisor shall establish written procedures to
949 assure accuracy and security in his or her county, including
950 procedures related to the operation of voter services centers
951 early voting pursuant to s. 101.657. Such procedures shall be
952 reviewed in each odd-numbered year by the department.
953 2. Each supervisor shall submit any revisions to the
954 security procedures to the department at least 45 days before
955 voter services centers are scheduled to open pursuant to s.
956 101.012 early voting commences pursuant to s. 101.657 in an
957 election in which they are to take effect.
958 Section 21. Section 101.031, Florida Statutes, is repealed.
959 Section 22. Section 101.043, Florida Statutes, is repealed.
960 Section 23. Subsection (2) of section 101.045, Florida
961 Statutes, is amended to read:
962 101.045 Electors must be registered in precinct; provisions
963 for change of residence or name.—
964 (2)(a) An elector who moves from the precinct in which the
965 elector is registered may vote in the precinct to which he or
966 she has moved his or her legal residence, provided if the change
967 of residence is within the same county or the precinct to which
968 the elector has moved his or her legal residence is within a
969 county that uses an electronic database as a precinct register
970 at the polling place, and the elector completes an affirmation
971 in substantially the following form:
972
973 Change of Legal Residence of Registered
974 Voter
975
976 Under penalties for false swearing, I, ...(Name of voter)...,
977 swear (or affirm) that the former address of my legal residence
978 was ...(Address of legal residence)... in the municipality of
979 ...., in .... County, Florida, and I was registered to vote in
980 the .... precinct of .... County, Florida; that I have not voted
981 in the precinct of my former registration in this election; that
982 I now reside at ...(Address of legal residence)... in the
983 Municipality of ...., in .... County, Florida, and am therefore
984 eligible to vote in the .... precinct of .... County, Florida;
985 and I further swear (or affirm) that I am otherwise legally
986 registered and entitled to vote.
987 ...(Signature of voter whose address of legal residence has
988 changed)...
989
990 (b) Except for an active uniformed services voter or a
991 member of his or her family and except for an elector who has
992 moved his or her legal residence to a precinct within a county
993 that uses an electronic database as a precinct register at the
994 polling place, an elector whose change of address is from
995 outside the county may not change his or her legal residence at
996 the polling place and must vote a provisional ballot.
997 (c) An elector whose name changes because of marriage or
998 other legal process may be permitted to vote, provided such
999 elector completes an affirmation in substantially the following
1000 form:
1001
1002 Change of Name of Registered
1003 Voter
1004
1005 Under penalties for false swearing, I, ...(New name of
1006 voter)..., swear (or affirm) that my name has been changed
1007 because of marriage or other legal process. My former name and
1008 address of legal residence appear on the registration records of
1009 precinct .... as follows:
1010 Name............................................................
1011 Address.........................................................
1012 Municipality....................................................
1013 County..........................................................
1014 Florida, Zip....................................................
1015 My present name and address of legal residence are as follows:
1016 Name............................................................
1017 Address.........................................................
1018 Municipality....................................................
1019 County..........................................................
1020 Florida, Zip....................................................
1021 and I further swear (or affirm) that I am otherwise legally
1022 registered and entitled to vote.
1023
1024 ...(Signature of voter whose name has changed)...
1025
1026 (c)(d) Instead of the affirmation contained in paragraph
1027 (a) or paragraph (b) (c), an elector may complete a voter
1028 registration application that indicates the change of name or
1029 change of address of legal residence.
1030 (d)(e) Such affirmation or application, when completed and
1031 presented at the office of the supervisor of elections or a
1032 voter services center precinct in which such elector is entitled
1033 to vote, and upon verification of the elector’s registration,
1034 shall entitle such elector to vote as provided in this
1035 subsection. If the elector’s eligibility to vote cannot be
1036 determined, he or she is shall be entitled to vote a provisional
1037 ballot, subject to the requirements and procedures in s.
1038 101.048. Upon receipt of an affirmation or application
1039 certifying a change in address of legal residence or name, the
1040 supervisor shall as soon as practicable make the necessary
1041 changes in the statewide voter registration system to indicate
1042 the change in address of legal residence or name of such
1043 elector.
1044 Section 24. Subsection (1) and paragraph (b) of subsection
1045 (2) of section 101.048, Florida Statutes, are amended to read:
1046 101.048 Provisional ballots.—
1047 (1) At all elections, a voter who claims claiming to be
1048 properly registered in the state and eligible to vote at a
1049 certain the precinct in the election but whose eligibility
1050 cannot be determined, a person whom an election official asserts
1051 is not eligible, and other persons specified in the code are
1052 shall be entitled to vote a provisional ballot at the office of
1053 the supervisor of elections or a voter services center. Once
1054 voted, the provisional ballot must shall be placed in a secrecy
1055 envelope and thereafter sealed in a provisional ballot envelope.
1056 The provisional ballot shall be deposited in a ballot box. All
1057 provisional ballots must shall remain sealed in their envelopes
1058 until such time that the ballots are reviewed by the county
1059 canvassing board for return to the supervisor of elections. The
1060 department shall prescribe the form of the provisional ballot
1061 envelope. A person casting a provisional ballot has shall have
1062 the right to present written evidence supporting his or her
1063 eligibility to vote to the supervisor of elections by not later
1064 than 5 p.m. on the second day following the election.
1065 (2)
1066 (b) If it is determined that the person was registered and
1067 entitled to vote in at the precinct where the person cast a vote
1068 in the election, the canvassing board must compare the signature
1069 on the Provisional Ballot Voter’s Certificate and Affirmation or
1070 the provisional ballot cure affidavit with the signature on the
1071 voter’s registration or precinct register. A provisional ballot
1072 may be counted only if:
1073 1. The signature on the voter’s certificate or the cure
1074 affidavit matches the elector’s signature in the registration
1075 books or the precinct register; however, in the case of a cure
1076 affidavit, the supporting identification listed in subsection
1077 (6) must also confirm the identity of the elector; or
1078 2. The cure affidavit contains a signature that does not
1079 match the elector’s signature in the registration books or the
1080 precinct register, but the elector has submitted a current and
1081 valid Tier 1 form of identification confirming his or her
1082 identity pursuant to subsection (6).
1083
1084 For purposes of this paragraph, any canvassing board finding
1085 that signatures do not match must be by majority vote and beyond
1086 a reasonable doubt.
1087 Section 25. Subsection (4) of section 101.049, Florida
1088 Statutes, is amended to read:
1089 101.049 Provisional ballots; special circumstances.—
1090 (4) This section does shall not apply to voters in line at
1091 the poll-closing time provided in s. 100.011 who cast their
1092 ballots subsequent to that time.
1093 Section 26. Section 101.051, Florida Statutes, is amended
1094 to read:
1095 101.051 Electors seeking assistance in casting ballots;
1096 oath to be executed; forms to be furnished.—
1097 (1) Any elector applying to vote in any election who
1098 requires assistance to vote by reason of blindness, disability,
1099 or inability to read or write may request the assistance of two
1100 election officials or some other person of the elector’s own
1101 choice, other than the elector’s employer, an agent of the
1102 employer, or an officer or agent of his or her union, to assist
1103 the elector in casting his or her vote. Any such elector, before
1104 retiring to the voting booth, may have one of such persons read
1105 over to him or her, without suggestion or interference, the
1106 titles of the offices to be filled and the candidates therefor
1107 and the issues on the ballot. After the elector requests the aid
1108 of the two election officials or the person of the elector’s
1109 choice, they shall retire to the voting booth for the purpose of
1110 casting the elector’s vote according to the elector’s choice.
1111 (2) It is unlawful for any person to be in the voting booth
1112 with any elector except as provided in subsection (1). A person
1113 at a voter services center polling place or early voting site,
1114 or within 100 feet of the entrance of a voter services center
1115 polling place or early voting site, may not solicit any elector
1116 in an effort to provide assistance to vote pursuant to
1117 subsection (1). Any person who violates this subsection commits
1118 a misdemeanor of the first degree, punishable as provided in s.
1119 775.082 or s. 775.083.
1120 (3) Any elector who plans applying to cast a vote-by-mail
1121 ballot by mail in the office of the supervisor, in any election,
1122 who requires assistance to vote by reason of blindness,
1123 disability, or inability to read or write may request the
1124 assistance of some person of his or her own choice, other than
1125 the elector’s employer, an agent of the employer, or an officer
1126 or agent of his or her union, in casting his or her vote-by-mail
1127 ballot.
1128 (4) If an elector needs assistance in voting pursuant to
1129 the provisions of this section, the clerk or one of the
1130 inspectors shall require the elector requesting assistance in
1131 voting to take the following oath:
1132
1133 DECLARATION TO SECURE ASSISTANCE
1134
1135 State of Florida
1136 County of ....
1137 Date ....
1138 Precinct ....
1139
1140 I, ...(Print name)..., swear or affirm that I am a
1141 registered elector and request assistance from ...(Print
1142 names)... in voting at the ...(name of election)... held on
1143 ...(date of election)....
1144
1145 ...(Signature of voter)...
1146
1147 Sworn and subscribed to before me this .... day of ....,
1148 ...(year)....
1149
1150 ...(Signature of Official Administering Oath)...
1151
1152 (5) If an elector needing assistance requests that a person
1153 other than an election official provide him or her with
1154 assistance in voting, the clerk or one of the inspectors shall
1155 require the person providing assistance to take the following
1156 oath:
1157
1158 DECLARATION TO PROVIDE ASSISTANCE
1159
1160 State of Florida
1161 County of ....
1162 Date ....
1163 Precinct ....
1164
1165 I, ...(Print name)..., have been requested by ...(print
1166 name of elector needing assistance)... to provide him or her
1167 with assistance to vote. I swear or affirm that I am not the
1168 employer, an agent of the employer, or an officer or agent of
1169 the union of the voter and that I have not solicited this voter
1170 at the voter services center polling place or early voting site
1171 or within 100 feet of the center such locations in an effort to
1172 provide assistance.
1173
1174 ...(Signature of assistor)...
1175
1176 Sworn and subscribed to before me this .... day of ....,
1177 ...(year)....
1178
1179 ...(Signature of Official Administering Oath)...
1180
1181 (6) The supervisor of elections shall deliver a sufficient
1182 number of these forms to each voter services center precinct,
1183 along with other election paraphernalia.
1184 Section 27. Section 101.111, Florida Statutes, is amended
1185 to read:
1186 101.111 Voter challenges.—
1187 (1)(a) Any registered elector or poll watcher of a county
1188 may challenge the right of a person to vote in that county. The
1189 challenge must be in writing and contain the following oath,
1190 which shall be delivered to the clerk or inspector:
1191
1192 OATH OF PERSON ENTERING CHALLENGE
1193
1194 State of Florida
1195 County of ....
1196
1197 I do solemnly swear or affirm that my name is ....; that I am a
1198 member of the .... Party; that I am a registered voter or
1199 watcher pollwatcher; that my residence address is ...., in the
1200 municipality of ....; and that I have reason to believe that
1201 .... is attempting to vote illegally and the reasons for my
1202 belief are set forth herein to wit:
1203 ................................................................
1204 ................................................................
1205 ...(Signature of person challenging voter)...
1206
1207 Sworn and subscribed to before me this .... day of ....,
1208 ...(year)....
1209 ...(Clerk of election)...
1210
1211 (b)1. The clerk or inspector shall immediately deliver to
1212 the challenged person a copy of the oath of the person entering
1213 the challenge, and the challenged voter shall be allowed to cast
1214 a provisional ballot in accordance with s. 101.048, except as
1215 provided in subparagraph 2.
1216 2. If the basis for the challenge is that the person’s
1217 legal residence is not in a certain that precinct, the person
1218 shall first be given the opportunity to execute a change of
1219 legal residence in order to be able to vote a regular ballot in
1220 accordance with s. 101.045(2). If the change of legal residence
1221 is such that the person is then properly registered for that
1222 precinct, the person shall be allowed to vote a regular ballot.
1223 If the change of legal residence places the person in another
1224 precinct, the person shall be issued a ballot in accordance with
1225 directed to the proper precinct to vote. If such person insists
1226 that he or she is currently resides in the initially designated
1227 proper precinct, the person shall be allowed to vote a
1228 provisional ballot in accordance with s. 101.048.
1229 (c) Alternatively, a challenge in accordance with this
1230 section may be filed in advance with the supervisor of elections
1231 no sooner than 30 days before an election. The supervisor shall
1232 promptly provide the election board in the challenged voter’s
1233 precinct with a copy of the oath of the person entering the
1234 challenge. The challenged voter shall be allowed to cast a
1235 provisional ballot in accordance with s. 101.048, subject to the
1236 provisions of subparagraph (b)2.
1237 (2) Any elector or poll watcher filing a frivolous
1238 challenge of any person’s right to vote commits a misdemeanor of
1239 the first degree, punishable as provided in s. 775.082 or s.
1240 775.083; however, an elector or a watcher is not electors or
1241 poll watchers shall not be subject to liability for any action
1242 taken in good faith and in furtherance of any activity or duty
1243 permitted of such electors or poll watchers by law. Each
1244 instance where any elector or poll watcher files a frivolous
1245 challenge of any person’s right to vote constitutes a separate
1246 offense.
1247 Section 28. Section 101.131, Florida Statutes, is amended
1248 to read:
1249 101.131 Appointment of watchers at polls.—
1250 (1) Each political party and each candidate may appoint
1251 have one watcher in each voter services center polling room or
1252 early voting area at any one time during the election. A
1253 political committee formed for the specific purpose of expressly
1254 advocating the passage or defeat of an issue on the ballot may
1255 appoint have one watcher for each voter services center polling
1256 room or early voting area at any one time during the election.
1257 No watcher shall be permitted to come closer to the officials’
1258 table or the voting booths than is reasonably necessary to
1259 properly perform his or her functions, but each shall be allowed
1260 within the polling room or early voting area to watch and
1261 observe the conduct of electors and officials. The poll watchers
1262 shall furnish their own materials and necessities and shall not
1263 obstruct the orderly conduct of any election. The poll watchers
1264 shall pose any questions regarding voter services center polling
1265 place procedures directly to the clerk for resolution. They may
1266 not interact with voters. Each poll watcher shall be a qualified
1267 and registered elector of the county in which he or she serves.
1268 (2) Each party, each political committee, and each
1269 candidate requesting to have poll watchers shall designate those
1270 individuals, in writing to the supervisors of elections, on a
1271 form prescribed by the division, before noon of the second
1272 Tuesday preceding the election poll watchers for each polling
1273 room on election day. Designations of poll watchers for early
1274 voting areas shall be submitted in writing to the supervisor of
1275 elections, on a form prescribed by the division, before noon at
1276 least 14 days before the in-person early voting period begins.
1277 The poll watchers for polling rooms shall be approved by the
1278 supervisor of elections on or before the Tuesday before the
1279 election. Poll watchers for early voting areas shall be approved
1280 by the supervisor of elections no later than 7 days before early
1281 voting begins. The supervisor shall furnish to each election
1282 board a list of the poll watchers designated and approved for
1283 such voter services center polling rooms or early voting areas.
1284 Designation of poll watchers shall be made by the chair of the
1285 county executive committee of a political party, the chair of a
1286 political committee, or the candidate requesting to have poll
1287 watchers.
1288 (3) No candidate or sheriff, deputy sheriff, police
1289 officer, or other law enforcement officer may be designated as a
1290 poll watcher.
1291 (4) All poll watchers shall be allowed to enter and watch
1292 voting areas polls in all voter services centers polling rooms
1293 and early voting areas within the county in which they have been
1294 designated if the number of poll watchers at any particular
1295 center polling place does not exceed the number provided in this
1296 section.
1297 (5) The supervisor of elections shall provide to each
1298 designated poll watcher, no later than 7 days before in-person
1299 early voting begins, a poll watcher identification badge that
1300 identifies the poll watcher by name. Each poll watcher must wear
1301 his or her identification badge while in the polling room or
1302 early voting area.
1303 Section 29. Subsection (1) of section 101.151, Florida
1304 Statutes, is amended to read:
1305 101.151 Specifications for ballots.—
1306 (1)(a) Marksense ballots must shall be printed on paper of
1307 such thickness that the printing cannot be distinguished from
1308 the back and must shall meet the specifications of the voting
1309 system that will be used to tabulate the ballots.
1310 (b) Voter services centers Polling places and early voting
1311 sites may employ a ballot-on-demand production system to print
1312 individual marksense ballots, including provisional ballots, for
1313 eligible electors. Ballot-on-demand technology may be used to
1314 produce marksense vote-by-mail and election-day ballots.
1315 Section 30. Section 101.171, Florida Statutes, is amended
1316 to read:
1317 101.171 Copy of constitutional amendment to be available at
1318 voting locations.—Whenever any amendment to the State
1319 Constitution is to be voted upon at any election, the department
1320 of State shall have printed and shall furnish to each supervisor
1321 of elections a sufficient number of copies of the amendment
1322 either in poster or booklet form, and the supervisor shall have
1323 a copy thereof conspicuously posted or available at each voter
1324 services center polling room or early voting area upon the day
1325 of election.
1326 Section 31. Section 101.20, Florida Statutes, is amended to
1327 read:
1328 101.20 Publication of ballot form; Sample ballots.—
1329 (1) Two sample ballots shall be furnished to each voter
1330 services center polling place by the officer whose duty it is to
1331 provide official ballots. The sample ballots shall be in the
1332 form of the official ballot as it will appear at that polling
1333 place on election day. Sample ballots shall be open to
1334 inspection by all electors in any election, and a sufficient
1335 number of reduced-size ballots may be furnished to election
1336 officials so that one may be given to any elector desiring same.
1337 (2)(a) Upon completion of the list of qualified candidates,
1338 a sample ballot shall be published by the supervisor in a
1339 newspaper of general circulation in the county, at least 30 days
1340 before the day of election.
1341 (b) In lieu of the publication required under paragraph
1342 (a), a supervisor may send a sample ballot to each registered
1343 elector by e-mail at least 30 7 days before the day of an
1344 election if an e-mail address has been provided and the elector
1345 has opted to receive a sample ballot by electronic delivery. If
1346 an e-mail address has not been provided, or if the elector has
1347 not opted for electronic delivery, a sample ballot may be mailed
1348 to each registered elector or to each household in which there
1349 is a registered elector at least 30 7 days before the day of an
1350 election.
1351 Section 32. Section 101.23, Florida Statutes, is repealed.
1352 Section 33. Section 101.24, Florida Statutes, is repealed.
1353 Section 34. Section 101.43, Florida Statutes, is repealed.
1354 Section 35. Section 101.49, Florida Statutes, is repealed.
1355 Section 36. Section 101.51, Florida Statutes, is repealed.
1356 Section 37. Paragraph (f) of subsection (1) and subsection
1357 (2) of section 101.56062, Florida Statutes, are amended to read:
1358 101.56062 Standards for accessible voting systems.—
1359 (1) Notwithstanding anything in this chapter to the
1360 contrary, each voting system certified by the department of
1361 State for use in local, state, and federal elections must
1362 include the capability to install accessible voter interface
1363 devices in the system configuration which will allow the system
1364 to meet the following minimum standards:
1365 (f) Any voting system that requires any visual perception
1366 must offer the election official who programs the system, prior
1367 to its being sent to the voter services center polling place,
1368 the capability to set the font size, as it appears to the voter,
1369 from a minimum of 14 points to a maximum of 24 points.
1370 (2) Such voting system must include at least one accessible
1371 voter interface device installed in each voter services center
1372 polling place which meets the requirements of this section,
1373 except for paragraph (1)(d).
1374 Section 38. Section 101.56063, Florida Statutes, is amended
1375 to read:
1376 101.56063 Accessibility of voting systems and voter
1377 services centers polling places; intent; eligibility for federal
1378 funding.—It is the intent of the Legislature that this state be
1379 eligible for any funds that are available from the Federal
1380 Government to assist states in providing or improving
1381 accessibility of voting systems and voter services centers
1382 polling places for persons having a disability. Accordingly, all
1383 state laws, rules, standards, and codes governing voting systems
1384 and voter services center polling place accessibility must be
1385 maintained to ensure the state’s eligibility to receive federal
1386 funds. It is the intent of the Legislature that all state
1387 requirements meet or exceed the minimum federal requirements for
1388 voting systems and voter services center polling place
1389 accessibility. This section shall take effect upon this act
1390 becoming a law.
1391 Section 39. Section 101.5608, Florida Statutes, is
1392 repealed.
1393 Section 40. Section 101.5610, Florida Statutes, is amended
1394 to read:
1395 101.5610 Inspection of ballot by election board.—The
1396 election board of each precinct shall cause the voting devices
1397 to be put in order, set, adjusted, and made ready for voting
1398 when delivered to voter services centers the polling places.
1399 Before the opening of the centers polls, the election board
1400 shall compare the ballots or the ballot information used in the
1401 voting devices with the sample ballots furnished and see that
1402 the names, numbers, and letters thereon agree and shall certify
1403 thereto on forms provided by the supervisor of elections.
1404 Section 41. Section 101.5611, Florida Statutes, is amended
1405 to read:
1406 101.5611 Instructions to electors.—
1407 (1) The supervisor of elections shall provide instruction
1408 at each voter services center polling place regarding the manner
1409 of voting with the system. In instructing voters, no election
1410 precinct official may favor any political party, candidate, or
1411 issue. Such instruction shall show the arrangement of candidates
1412 and questions to be voted on. Additionally, the supervisor of
1413 elections shall provide instruction on the proper method of
1414 casting a ballot for the specific voting system utilized in that
1415 jurisdiction. Such instruction shall be provided at a place
1416 which voters must pass to reach the official voting booth.
1417 (2) The supervisor of elections shall have posted at each
1418 voter services center and drop box location polling place a
1419 notice that reads: “A person who commits or attempts to commit
1420 any fraud in connection with voting, votes a fraudulent ballot,
1421 or votes more than once in an election can be convicted of a
1422 felony of the third degree and fined up to $5,000 and/or
1423 imprisoned for up to 5 years.”
1424 Section 42. Subsection (2) and paragraph (a) of subsection
1425 (4) of section 101.5612, Florida Statutes, are amended to read:
1426 101.5612 Testing of tabulating equipment.—
1427 (2) On any day not more than 10 days prior to voter
1428 services centers opening the commencement of early voting as
1429 provided in s. 101.012 s. 101.657, the supervisor of elections
1430 shall have the automatic tabulating equipment publicly tested to
1431 ascertain that the equipment will correctly count the votes cast
1432 for all offices and on all measures. If the ballots to be used
1433 in the election at the polling place on election day are not
1434 available at the time of the testing, the supervisor may conduct
1435 an additional test not more than 10 days before election day.
1436 Public notice of the time and place of the test shall be given
1437 at least 48 hours prior thereto by publication on the supervisor
1438 of elections’ website and once in one or more newspapers of
1439 general circulation in the county or, if there is no newspaper
1440 of general circulation in the county, by posting the notice in
1441 at least four conspicuous places in the county. The supervisor
1442 or the municipal elections official may, at the time of
1443 qualifying, give written notice of the time and location of the
1444 public preelection test to each candidate qualifying with that
1445 office and obtain a signed receipt that the notice has been
1446 given. The department of State shall give written notice to each
1447 statewide candidate at the time of qualifying, or immediately at
1448 the end of qualifying, that the voting equipment will be tested
1449 and advise each candidate to contact the county supervisor of
1450 elections as to the time and location of the public preelection
1451 test. The supervisor or the municipal elections official shall,
1452 at least 15 days before the opening of voter services centers
1453 prior to the commencement of early voting as provided in s.
1454 101.012 s. 101.657, send written notice by certified mail to the
1455 county party chair of each political party and to all candidates
1456 for other than statewide office whose names appear on the ballot
1457 in the county and who did not receive written notification from
1458 the supervisor or municipal elections official at the time of
1459 qualifying, stating the time and location of the public
1460 preelection test of the automatic tabulating equipment. The
1461 canvassing board shall convene, and each member of the
1462 canvassing board shall certify to the accuracy of the test. For
1463 the test, the canvassing board may designate one member to
1464 represent it. The test shall be open to representatives of the
1465 political parties, the press, and the public. Each political
1466 party may designate one person with expertise in the computer
1467 field who shall be allowed in the central counting room when all
1468 tests are being conducted and when the official votes are being
1469 counted. The designee may shall not interfere with the normal
1470 operation of the canvassing board.
1471 (4)(a)1. For electronic or electromechanical voting systems
1472 configured to include electronic or electromechanical tabulation
1473 devices which are distributed to the precincts, all or a sample
1474 of the devices to be used in the election shall be publicly
1475 tested. If a sample is to be tested, the sample shall consist of
1476 a random selection of at least 5 percent or 10 of the devices
1477 for an optical scan system, whichever is greater. For
1478 touchscreen systems used for voters having a disability, a
1479 sample of at least 2 percent of the devices must be tested. The
1480 test shall be conducted by processing a group of ballots,
1481 causing the device to output results for the ballots processed,
1482 and comparing the output of results to the results expected for
1483 the ballots processed. The group of ballots shall be produced so
1484 as to record a predetermined number of valid votes for each
1485 candidate and on each measure and to include for each office one
1486 or more ballots which have activated voting positions in excess
1487 of the number allowed by law in order to test the ability of the
1488 tabulating device to reject such votes.
1489 2. If any tested tabulating device is found to have an
1490 error in tabulation, it shall be deemed unsatisfactory. For each
1491 device deemed unsatisfactory, the canvassing board shall take
1492 steps to determine the cause of the error, shall attempt to
1493 identify and test other devices that could reasonably be
1494 expected to have the same error, and shall test a number of
1495 additional devices sufficient to determine that all devices are
1496 satisfactory. Upon deeming any device unsatisfactory, the
1497 canvassing board may require all devices to be tested or may
1498 declare that all devices are unsatisfactory.
1499 3. If the operation or output of any tested tabulation
1500 device, such as spelling or the order of candidates on a report,
1501 is in error, such problem shall be reported to the canvassing
1502 board. The canvassing board shall then determine if the reported
1503 problem warrants its deeming the device unsatisfactory.
1504 Section 43. Section 101.5613, Florida Statutes, is amended
1505 to read:
1506 101.5613 Examination of equipment during voting.—A member
1507 of the election board or, for purposes of early voting pursuant
1508 to s. 101.657, a representative of the supervisor of elections
1509 shall occasionally examine the face of the voting device and the
1510 ballot information to determine that the device and the ballot
1511 information have not been damaged or tampered with.
1512 Section 44. Section 101.572, Florida Statutes, is amended
1513 to read:
1514 101.572 Public inspection of ballots.—The official ballots
1515 and ballot cards received from election boards and removed from
1516 vote-by-mail ballot mailing envelopes shall be open for public
1517 inspection or examination while in the custody of the supervisor
1518 of elections or the county canvassing board at any reasonable
1519 time, under reasonable conditions; however, no persons other
1520 than the supervisor of elections or his or her employees or the
1521 county canvassing board shall handle any official ballot or
1522 ballot card. If the ballots are being examined prior to the end
1523 of the contest period in s. 102.168, the supervisor of elections
1524 shall make a reasonable effort to notify all candidates whose
1525 names appear on such ballots or ballot cards by telephone or
1526 otherwise of the time and place of the inspection or
1527 examination. All such candidates, or their representatives,
1528 shall be allowed to be present during the inspection or
1529 examination.
1530 Section 45. Paragraphs (a) and (b) of subsection (2) of
1531 section 101.591, Florida Statutes, are amended to read:
1532 101.591 Voting system audit.—
1533 (2)(a) A manual audit shall consist of a public manual
1534 tally of the votes cast in one randomly selected race that
1535 appears on the ballot. The tally sheet shall include mail
1536 election-day, vote-by-mail, early voting, provisional, and
1537 overseas ballots, in at least 1 percent but no more than 2
1538 percent of the precincts chosen at random by the county
1539 canvassing board or the local board responsible for certifying
1540 the election. If 1 percent of the precincts is less than one
1541 entire precinct, the audit shall be conducted using at least one
1542 precinct chosen at random by the county canvassing board or the
1543 local board responsible for certifying the election. Such
1544 precincts shall be selected at a publicly noticed canvassing
1545 board meeting.
1546 (b) An automated audit shall consist of a public automated
1547 tally of the votes cast across every race that appears on the
1548 ballot. The tally sheet shall include mail election day, vote
1549 by-mail, early voting, provisional, and overseas ballots in at
1550 least 20 percent of the precincts chosen at random by the county
1551 canvassing board or the local board responsible for certifying
1552 the election. Such precincts shall be selected at a publicly
1553 noticed canvassing board meeting.
1554 Section 46. Sections 101.6101, 101.6102, 101.6103,
1555 101.6104, 101.6105, 101.6106, and 101.6107, Florida Statutes,
1556 are repealed.
1557 Section 47. Section 101.62, Florida Statutes, is
1558 transferred, renumbered as section 101.0031, and amended to
1559 read:
1560 101.0031 Ballot information; public records exemption
1561 101.62 Request for vote-by-mail ballots.—
1562 (1)(a) The supervisor shall accept a request for a vote-by
1563 mail ballot from an elector in person or in writing. One request
1564 shall be deemed sufficient to receive a vote-by-mail ballot for
1565 all elections through the end of the calendar year of the second
1566 ensuing regularly scheduled general election, unless the elector
1567 or the elector’s designee indicates at the time the request is
1568 made the elections for which the elector desires to receive a
1569 vote-by-mail ballot. Such request may be considered canceled
1570 when any first-class mail sent by the supervisor to the elector
1571 is returned as undeliverable.
1572 (b) The supervisor may accept a written or telephonic
1573 request for a vote-by-mail ballot to be mailed to an elector’s
1574 address on file in the Florida Voter Registration System from
1575 the elector, or, if directly instructed by the elector, a member
1576 of the elector’s immediate family, or the elector’s legal
1577 guardian; if the ballot is requested to be mailed to an address
1578 other than the elector’s address on file in the Florida Voter
1579 Registration System, the request must be made in writing and
1580 signed by the elector. However, an absent uniformed service
1581 voter or an overseas voter seeking a vote-by-mail ballot is not
1582 required to submit a signed, written request for a vote-by-mail
1583 ballot that is being mailed to an address other than the
1584 elector’s address on file in the Florida Voter Registration
1585 System. For purposes of this section, the term “immediate
1586 family” has the same meaning as specified in paragraph (4)(c).
1587 The person making the request must disclose:
1588 1. The name of the elector for whom the ballot is
1589 requested.
1590 2. The elector’s address.
1591 3. The elector’s date of birth.
1592 4. The requester’s name.
1593 5. The requester’s address.
1594 6. The requester’s driver license number, if available.
1595 7. The requester’s relationship to the elector.
1596 8. The requester’s signature (written requests only).
1597 (c) Upon receiving a request for a vote-by-mail ballot from
1598 an absent voter, the supervisor of elections shall notify the
1599 voter of the free access system that has been designated by the
1600 department for determining the status of his or her vote-by-mail
1601 ballot.
1602 (2) A request for a vote-by-mail ballot to be mailed to a
1603 voter must be received no later than 5 p.m. on the 10th day
1604 before the election by the supervisor. The supervisor shall mail
1605 vote-by-mail ballots to voters requesting ballots by such
1606 deadline no later than 8 days before the election.
1607 (3) For each mail request for a vote-by-mail ballot
1608 received, the supervisor shall record the date the ballot was
1609 mailed request was made, the date the vote-by-mail ballot was
1610 delivered to the voter or the voter’s designee or the date the
1611 vote-by-mail ballot was delivered to the post office or other
1612 carrier, the date the ballot was received by the supervisor, the
1613 absence of the voter’s signature on the voter’s certificate, if
1614 applicable, and such other information he or she may deem
1615 necessary. This information shall be provided in electronic
1616 format as provided by rule adopted by the division. The
1617 information shall be updated and made available no later than 8
1618 a.m. of each day, including weekends, beginning 60 days before
1619 the primary until 15 days after the general election and shall
1620 be contemporaneously provided to the division. This information
1621 shall be confidential and exempt from s. 119.07(1) and shall be
1622 made available to or reproduced only for the voter requesting
1623 the ballot, a canvassing board, an election official, a
1624 political party or official thereof, a candidate who has filed
1625 qualification papers and is opposed in an upcoming election, and
1626 registered political committees for political purposes only.
1627 (4)(a) No later than 45 days before each presidential
1628 preference primary election, primary election, and general
1629 election, the supervisor of elections shall send a vote-by-mail
1630 ballot as provided in subparagraph (c)2. to each absent
1631 uniformed services voter and to each overseas voter who has
1632 requested a vote-by-mail ballot.
1633 (b) The supervisor shall mail a vote-by-mail ballot to each
1634 absent qualified voter, other than those listed in paragraph
1635 (a), who has requested such a ballot, between the 40th and 33rd
1636 days before the presidential preference primary election,
1637 primary election, and general election. Except as otherwise
1638 provided in subsection (2) and after the period described in
1639 this paragraph, the supervisor shall mail vote-by-mail ballots
1640 within 2 business days after receiving a request for such a
1641 ballot.
1642 (c) The supervisor shall provide a vote-by-mail ballot to
1643 each elector by whom a request for that ballot has been made by
1644 one of the following means:
1645 1. By nonforwardable, return-if-undeliverable mail to the
1646 elector’s current mailing address on file with the supervisor or
1647 any other address the elector specifies in the request.
1648 2. By forwardable mail, e-mail, or facsimile machine
1649 transmission to absent uniformed services voters and overseas
1650 voters. The absent uniformed services voter or overseas voter
1651 may designate in the vote-by-mail ballot request the preferred
1652 method of transmission. If the voter does not designate the
1653 method of transmission, the vote-by-mail ballot shall be mailed.
1654 3. By personal delivery before 7 p.m. on election day to
1655 the elector, upon presentation of the identification required in
1656 s. 101.043.
1657 4. By delivery to a designee on election day or up to 9
1658 days prior to the day of an election. Any elector may designate
1659 in writing a person to pick up the ballot for the elector;
1660 however, the person designated may not pick up more than two
1661 vote-by-mail ballots per election, other than the designee’s own
1662 ballot, except that additional ballots may be picked up for
1663 members of the designee’s immediate family. For purposes of this
1664 section, “immediate family” means the designee’s spouse or the
1665 parent, child, grandparent, or sibling of the designee or of the
1666 designee’s spouse. The designee shall provide to the supervisor
1667 the written authorization by the elector and a picture
1668 identification of the designee and must complete an affidavit.
1669 The designee shall state in the affidavit that the designee is
1670 authorized by the elector to pick up that ballot and shall
1671 indicate if the elector is a member of the designee’s immediate
1672 family and, if so, the relationship. The department shall
1673 prescribe the form of the affidavit. If the supervisor is
1674 satisfied that the designee is authorized to pick up the ballot
1675 and that the signature of the elector on the written
1676 authorization matches the signature of the elector on file, the
1677 supervisor shall give the ballot to that designee for delivery
1678 to the elector.
1679 5. Except as provided in s. 101.655, the supervisor may not
1680 deliver a vote-by-mail ballot to an elector or an elector’s
1681 immediate family member on the day of the election unless there
1682 is an emergency, to the extent that the elector will be unable
1683 to go to his or her assigned polling place. If a vote-by-mail
1684 ballot is delivered, the elector or his or her designee shall
1685 execute an affidavit affirming to the facts which allow for
1686 delivery of the vote-by-mail ballot. The department shall adopt
1687 a rule providing for the form of the affidavit.
1688 (5) If the department is unable to certify candidates for
1689 an election in time to comply with paragraph (4)(a), the
1690 Department of State is authorized to prescribe rules for a
1691 ballot to be sent to absent uniformed services voters and
1692 overseas voters.
1693 (6) Only the materials necessary to vote by mail may be
1694 mailed or delivered with any vote-by-mail ballot.
1695 Section 48. Section 101.64, Florida Statutes, is
1696 transferred, renumbered as section 101.003, Florida Statutes,
1697 and amended to read:
1698 101.003 101.64 Delivery of vote-by-mail ballots; envelopes;
1699 form.—
1700 (1)(a) Except as otherwise provided in paragraphs (b) and
1701 (c), the supervisor of elections shall mail, by nonforwardable,
1702 return-if-undeliverable mail, a ballot to each active voter to
1703 the voter’s address on file in the Florida Voter Registration
1704 System between the 40th and 33rd days before the date of an
1705 election.
1706 (b) No later than 45 days before the date of an election,
1707 the supervisor shall send a ballot by forwardable mail, e-mail,
1708 or facsimile machine transmission to absent uniformed services
1709 voters and overseas voters. The absent uniformed services voter
1710 or overseas voter may inform the supervisor of the voter’s
1711 preferred method of transmission. If the voter does not
1712 designate a method of transmission, the ballot shall be mailed.
1713 If the department is unable to certify candidates for an
1714 election in time to comply with this paragraph, the department
1715 may prescribe rules for a ballot to be sent to absent uniformed
1716 services voters and overseas voters.
1717 (c) For any electors who register to vote after the
1718 supervisor of elections has mailed ballots pursuant to paragraph
1719 (a) but before the book-closing deadline, the supervisor shall
1720 mail ballots to such electors within 2 business days after
1721 determining that the electors’ voter registration applications
1722 are complete and valid pursuant to s. 97.053. For any election
1723 held for the purpose of nominating a political party nominee, if
1724 an elector updates his or her party affiliation after the
1725 supervisor of elections has mailed ballots pursuant to paragraph
1726 (a) but before the book-closing deadline, he or she may request
1727 a replacement ballot issued according to his or her newly
1728 designated party affiliation.
1729 (2)(a) The supervisor may accept a written request that is
1730 signed by the elector if a ballot is requested to be mailed to
1731 an address other than the elector’s address on file in the
1732 Florida Voter Registration System.
1733 (b) An absent uniformed services voter or overseas voter is
1734 not required to submit a signed and written request for a ballot
1735 to be mailed to an address other than the elector’s address on
1736 file in the Florida Voter Registration System.
1737 (3) The supervisor shall enclose with each vote-by-mail
1738 ballot two envelopes: a secrecy envelope, into which the absent
1739 elector shall enclose his or her marked ballot; and a mailing
1740 envelope, into which the absent elector shall then place the
1741 secrecy envelope, which shall be addressed to the supervisor and
1742 also bear on the back side a certificate in substantially the
1743 following form:
1744
1745 Note: Please Read Instructions Carefully Before
1746 Marking Ballot and Completing Voter’s Certificate.
1747
1748 VOTER’S CERTIFICATE
1749 I, ...., do solemnly swear or affirm that I am a qualified
1750 and registered voter of .... County, Florida, and that I have
1751 not and will not vote more than one ballot in this election. I
1752 understand that if I commit or attempt to commit any fraud in
1753 connection with voting, vote a fraudulent ballot, or vote more
1754 than once in an election, I can be convicted of a felony of the
1755 third degree and fined up to $5,000 and/or imprisoned for up to
1756 5 years. I also understand that failure to sign this certificate
1757 will invalidate my ballot.
1758 ...(Date)... ...(Voter’s Signature)...
1759 ...(E-Mail Address)... ...(Home Telephone Number)...
1760 ...(Mobile Telephone Number)...
1761
1762 (4)(2) The certificate shall be arranged on the back of the
1763 mailing envelope so that the line for the signature of the
1764 absent elector is across the seal of the envelope; however, no
1765 statement shall appear on the envelope which indicates that a
1766 signature of the voter must cross the seal of the envelope. The
1767 absent elector shall execute the certificate on the envelope.
1768 (5)(3) In lieu of the voter’s certificate provided in this
1769 section, the supervisor of elections shall provide each person
1770 voting in accordance with absentee under the Uniformed and
1771 Overseas Citizens Absentee Voting Act with the standard oath
1772 prescribed by the presidential designee.
1773 (6)(4) The supervisor shall mark, code, indicate on, or
1774 otherwise track the precinct of the absent elector for each
1775 vote-by-mail ballot.
1776 (7)(5) The secrecy envelope must include, in bold font,
1777 substantially the following message:
1778
1779 IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR SUPERVISOR
1780 OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 P.M. ON ELECTION DAY.
1781 IF YOU WAIT TO MAIL YOUR BALLOT, YOUR VOTE MIGHT NOT COUNT. TO
1782 PREVENT THIS FROM OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT
1783 AS SOON AS POSSIBLE.
1784 (8) Only the materials necessary to vote by mail may be
1785 mailed or delivered with any ballot.
1786 Section 49. Section 101.65, Florida Statutes, is
1787 transferred, renumbered as section 101.005, Florida Statutes,
1788 and amended to read:
1789 101.005 101.65 Instructions to absent electors.—The
1790 supervisor shall enclose with each vote-by-mail ballot separate
1791 printed instructions in substantially the following form;
1792 however, where the instructions appear in capitalized text, the
1793 text of the printed instructions must be in bold font:
1794
1795 READ THESE INSTRUCTIONS CAREFULLY
1796 BEFORE MARKING BALLOT.
1797
1798 1. VERY IMPORTANT. In order to ensure that your vote-by
1799 mail ballot will be counted, it should be completed and returned
1800 as soon as possible so that it can reach the supervisor of
1801 elections of the county in which your precinct is located no
1802 later than 7 p.m. on the day of the election. However, if you
1803 are an overseas voter casting a ballot in a presidential
1804 preference primary or general election, your vote-by-mail ballot
1805 must be postmarked or dated no later than the date of the
1806 election and received by the supervisor of elections of the
1807 county in which you are registered to vote no later than 10 days
1808 after the date of the election. Note that the later you return
1809 your ballot, the less time you will have to cure any signature
1810 deficiencies, which is authorized until 5 p.m. on the 2nd day
1811 after the election.
1812 2. Mark your ballot in secret as instructed on the ballot.
1813 You must mark your own ballot unless you are unable to do so
1814 because of blindness, disability, or inability to read or write.
1815 3. Mark only the number of candidates or issue choices for
1816 a race as indicated on the ballot. If you are allowed to “Vote
1817 for One” candidate and you vote for more than one candidate,
1818 your vote in that race will not be counted.
1819 4. Place your marked ballot in the enclosed secrecy
1820 envelope.
1821 5. Insert the secrecy envelope into the enclosed mailing
1822 envelope which is addressed to the supervisor.
1823 6. Seal the mailing envelope and completely fill out the
1824 Voter’s Certificate on the back of the mailing envelope.
1825 7. VERY IMPORTANT. In order for your vote-by-mail ballot to
1826 be counted, you must sign your name on the line above (Voter’s
1827 Signature). A vote-by-mail ballot will be considered illegal and
1828 not be counted if the signature on the voter’s certificate does
1829 not match the signature on record. The signature on file at the
1830 time the supervisor of elections in the county in which your
1831 precinct is located receives your vote-by-mail ballot is the
1832 signature that will be used to verify your signature on the
1833 voter’s certificate. If you need to update your signature for
1834 this election, send your signature update on a voter
1835 registration application to your supervisor of elections so that
1836 it is received before your vote-by-mail ballot is received.
1837 8. VERY IMPORTANT. If you are an overseas voter, you must
1838 include the date you signed the Voter’s Certificate on the line
1839 above (Date) or your ballot may not be counted.
1840 9. Mail, deliver, or have delivered the completed mailing
1841 envelope. Be sure there is sufficient postage if mailed. THE
1842 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
1843 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
1844 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX OR A
1845 VOTER SERVICES CENTER, AVAILABLE AT EACH EARLY VOTING LOCATION.
1846 10. FELONY NOTICE. It is a felony under Florida law to
1847 accept any gift, payment, or gratuity in exchange for your vote
1848 for a candidate. It is also a felony under Florida law to vote
1849 in an election using a false identity or false address, or under
1850 any other circumstances making your ballot false or fraudulent.
1851 Section 50. Section 101.655, Florida Statutes, is amended
1852 to read:
1853 101.655 Supervised voting by absent electors in certain
1854 facilities.—
1855 (1) The supervisor of elections of a county shall provide
1856 supervised voting for absent electors residing in any assisted
1857 living facility, as defined in s. 429.02, or nursing home
1858 facility, as defined in s. 400.021, within that county at the
1859 request of any administrator of such a facility. Such request
1860 for supervised voting in the facility shall be made by
1861 submitting a written request to the supervisor of elections no
1862 later than 21 days prior to the election for which that request
1863 is submitted. The request shall specify the name and address of
1864 the facility and the name of the electors who wish to vote by
1865 supervised voting mail in that election. If the request contains
1866 the names of fewer than five voters, the supervisor of elections
1867 is not required to provide supervised voting.
1868 (2) The supervisor of elections may, in the absence of a
1869 request from the administrator of a facility, provide for
1870 supervised voting in the facility for those persons who have
1871 requested vote-by-mail ballots. The supervisor of elections
1872 shall notify the administrator of the facility that supervised
1873 voting will occur.
1874 (3) The supervisor of elections shall, in cooperation with
1875 the administrator of the facility, select a date and time when
1876 the supervised voting will occur.
1877 (4) The supervisor of elections shall designate supervised
1878 voting teams to provide the services prescribed by this section.
1879 Each supervised voting team shall include at least two persons.
1880 Each supervised voting team must include representatives of more
1881 than one political party; however, in any primary election to
1882 nominate party nominees in which only one party has candidates
1883 appearing on the ballot, all supervised voting team members may
1884 be of that party. No candidate may provide supervised voting
1885 services.
1886 (5) The supervised voting team shall deliver the ballots to
1887 the respective absent electors, and each member of the team
1888 shall jointly supervise the voting of the ballots. If any
1889 elector requests assistance in voting, the oath prescribed in s.
1890 101.051 shall be completed and the elector may receive the
1891 assistance of two members of the supervised voting team or some
1892 other person of the elector’s choice to assist the elector in
1893 casting the elector’s ballot.
1894 (6) Before providing assistance, the supervised voting team
1895 shall disclose to the elector that the ballot may be retained to
1896 vote at a later time and that the elector has the right to seek
1897 assistance in voting from some other person of the elector’s
1898 choice without the presence of the supervised voting team.
1899 (7) If any elector declines to vote a ballot or is unable
1900 to vote a ballot, the supervised voting team shall mark the
1901 ballot “refused to vote” or “unable to vote.”
1902 (8) After the ballots have been voted or marked in
1903 accordance with the provisions of this section, the supervised
1904 voting team shall deliver the ballots to the supervisor of
1905 elections, who shall retain them pursuant to s. 101.009 s.
1906 101.67.
1907 Section 51. Section 101.657, Florida Statutes, is repealed.
1908 Section 52. Section 101.661, Florida Statutes, is
1909 transferred, renumbered as section 101.006, Florida Statutes,
1910 and amended to read:
1911 101.006 101.661 Voting vote-by-mail ballots.—All electors
1912 must personally mark or designate their choices on a the vote
1913 by-mail ballot, except:
1914 (1) Electors who require assistance to vote because of
1915 blindness, disability, or inability to read or write, who may
1916 have some person of the elector’s choice, other than the
1917 elector’s employer, an agent of the employer, or an officer or
1918 agent of the elector’s union, mark the elector’s choices or
1919 assist the elector in marking his or her choices on the ballot.
1920 (2) As otherwise provided in s. 101.051 or s. 101.655.
1921 Section 53. Section 101.662, Florida Statutes, is
1922 transferred, renumbered as section 101.007, Florida Statutes,
1923 and amended to read:
1924 101.007 101.662 Accessibility of vote-by-mail ballots.—It
1925 is the intent of the Legislature that voting by mail vote-by
1926 mail ballot be by methods that are fully accessible to all
1927 voters, including voters having a disability. The department of
1928 State shall work with the supervisors of elections and the
1929 disability community to develop and implement procedures and
1930 technologies, as possible, which will include procedures for
1931 providing vote-by-mail ballots, upon request, in alternative
1932 formats that will allow all voters to cast a secret,
1933 independent, and verifiable vote-by-mail ballot without the
1934 assistance of another person.
1935 Section 54. Section 101.663, Florida Statutes, is
1936 transferred and renumbered as section 101.008, Florida Statutes.
1937 Section 55. Section 101.67, Florida Statutes, is
1938 transferred, renumbered as section 101.009, Florida Statutes,
1939 and amended to read:
1940 101.009 101.67 Safekeeping of mailed ballots; deadline for
1941 receiving vote-by-mail ballots.—
1942 (1) The supervisor of elections shall safely keep in his or
1943 her office any envelopes received containing marked ballots of
1944 absent electors, and he or she shall, before the canvassing of
1945 the election returns, deliver the envelopes to the county
1946 canvassing board along with his or her file or list kept
1947 regarding said ballots.
1948 (2) Except as provided in s. 101.6952(5), all marked absent
1949 electors’ ballots to be counted must be received by the
1950 supervisor by 7 p.m. the day of the election. All ballots
1951 received thereafter shall be marked with the time and date of
1952 receipt and filed in the supervisor’s office.
1953 Section 56. Section 101.68, Florida Statutes, is
1954 transferred, renumbered as section 101.0091, Florida Statutes,
1955 and amended to read:
1956 101.0091 101.68 Canvassing of ballots vote-by-mail ballot.—
1957 (1) The supervisor of the county where the absent elector
1958 resides shall receive the voted ballot, at which time the
1959 supervisor shall compare the signature of the elector on the
1960 voter’s certificate with the signature of the elector in the
1961 registration books or the precinct register to determine whether
1962 the elector is duly registered in the county and may record on
1963 the elector’s registration certificate that the elector has
1964 voted. An elector who dies after casting a vote-by-mail ballot
1965 but on or before election day shall remain listed in the
1966 registration books until the results have been certified for the
1967 election in which the ballot was cast. The supervisor shall
1968 safely keep the ballot unopened in his or her office until the
1969 county canvassing board canvasses the vote. Except as provided
1970 in subsection (4), after a vote-by-mail ballot is received by
1971 the supervisor, the ballot is deemed to have been cast, and
1972 changes or additions may not be made to the voter’s certificate.
1973 (2)(a) The county canvassing board may begin the canvassing
1974 of vote-by-mail ballots at 7 a.m. on the 22nd day before the
1975 election, but not later than noon on the day following the
1976 election. In addition, for any county using electronic
1977 tabulating equipment, the processing of vote-by-mail ballots
1978 through such tabulating equipment may begin at 7 a.m. on the
1979 22nd day before the election. However, notwithstanding any such
1980 authorization to begin canvassing or otherwise processing vote
1981 by-mail ballots early, no result shall be released until after
1982 the deadline for receiving ballots has passed closing of the
1983 polls in that county on election day. Any supervisor, deputy
1984 supervisor, canvassing board member, election board member, or
1985 election employee who releases the results of a canvassing or
1986 processing of vote-by-mail ballots before the deadline for
1987 receiving ballots prior to the closing of the polls in that
1988 county has passed on election day commits a felony of the third
1989 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1990 775.084.
1991 (b) To ensure that all vote-by-mail ballots to be counted
1992 by the canvassing board are accounted for, the canvassing board
1993 shall compare the number of ballots in its possession with the
1994 total number of requests for ballots received to be counted
1995 according to the supervisor’s file or list.
1996 (c)1. The canvassing board must, if the supervisor has not
1997 already done so, compare the signature of the elector on the
1998 voter’s certificate or on the vote-by-mail ballot cure affidavit
1999 as provided in subsection (4) with the signature of the elector
2000 in the registration books or the precinct register to see that
2001 the elector is duly registered in the county and to determine
2002 the legality of that vote-by-mail ballot. A vote-by-mail ballot
2003 may only be counted if:
2004 a. The signature on the voter’s certificate or the cure
2005 affidavit matches the elector’s signature in the registration
2006 books or precinct register; however, in the case of a cure
2007 affidavit, the supporting identification listed in subsection
2008 (4) must also confirm the identity of the elector; or
2009 b. The cure affidavit contains a signature that does not
2010 match the elector’s signature in the registration books or
2011 precinct register, but the elector has submitted a current and
2012 valid Tier 1 identification pursuant to subsection (4) which
2013 confirms the identity of the elector.
2014
2015 For purposes of this subparagraph, any canvassing board finding
2016 that an elector’s signatures do not match must be by majority
2017 vote and beyond a reasonable doubt.
2018 2. The ballot of an elector who casts a vote-by-mail ballot
2019 shall be counted even if the elector dies on or before election
2020 day, as long as, before the death of the voter, the ballot was
2021 postmarked by the United States Postal Service, date-stamped
2022 with a verifiable tracking number by a common carrier, or
2023 already in the possession of the supervisor.
2024 3. A vote-by-mail ballot is not considered illegal if the
2025 signature of the elector does not cross the seal of the mailing
2026 envelope.
2027 4. If any elector or candidate present believes that a
2028 vote-by-mail ballot is illegal due to a defect apparent on the
2029 voter’s certificate or the cure affidavit, he or she may, at any
2030 time before the ballot is removed from the envelope, file with
2031 the canvassing board a protest against the canvass of that
2032 ballot, specifying the precinct, the ballot, and the reason he
2033 or she believes the ballot to be illegal. A challenge based upon
2034 a defect in the voter’s certificate or cure affidavit may not be
2035 accepted after the ballot has been removed from the mailing
2036 envelope.
2037 5. If the canvassing board determines that a ballot is
2038 illegal, a member of the board must, without opening the
2039 envelope, mark across the face of the envelope: “rejected as
2040 illegal.” The cure affidavit, if applicable, the envelope, and
2041 the ballot therein shall be preserved in the manner that
2042 official ballots are preserved.
2043 (d) The canvassing board shall record the ballot upon the
2044 proper record, unless the ballot has been previously recorded by
2045 the supervisor. The mailing envelopes shall be opened and the
2046 secrecy envelopes shall be mixed so as to make it impossible to
2047 determine which secrecy envelope came out of which signed
2048 mailing envelope; however, in any county in which an electronic
2049 or electromechanical voting system is used, the ballots may be
2050 sorted by ballot styles and the mailing envelopes may be opened
2051 and the secrecy envelopes mixed separately for each ballot
2052 style. The votes on vote-by-mail ballots shall be included in
2053 the total vote of the county.
2054 (3) The supervisor or the chair of the county canvassing
2055 board shall, after the board convenes, have custody of the vote
2056 by-mail ballots until a final proclamation is made as to the
2057 total vote received by each candidate.
2058 (4)(a) As soon as practicable, the supervisor shall, on
2059 behalf of the county canvassing board, attempt to notify an
2060 elector who has returned a vote-by-mail ballot that does not
2061 include the elector’s signature or contains a signature that
2062 does not match the elector’s signature in the registration books
2063 or precinct register by:
2064 1. Notifying the elector of the signature deficiency by e
2065 mail and directing the elector to the cure affidavit and
2066 instructions on the supervisor’s website;
2067 2. Notifying the elector of the signature deficiency by
2068 text message and directing the elector to the cure affidavit and
2069 instructions on the supervisor’s website; or
2070 3. Notifying the elector of the signature deficiency by
2071 telephone and directing the elector to the cure affidavit and
2072 instructions on the supervisor’s website.
2073
2074 In addition to the notification required under subparagraph 1.,
2075 subparagraph 2., or subparagraph 3., the supervisor must notify
2076 the elector of the signature deficiency by first-class mail and
2077 direct the elector to the cure affidavit and instructions on the
2078 supervisor’s website. Beginning the day before the election, the
2079 supervisor is not required to provide notice of the signature
2080 deficiency by first-class mail, but shall continue to provide
2081 notice as required under subparagraph 1., subparagraph 2., or
2082 subparagraph 3.
2083 (b) The supervisor shall allow such an elector to complete
2084 and submit an affidavit in order to cure the vote-by-mail ballot
2085 until 5 p.m. on the 2nd day after the election.
2086 (c) The elector must complete a cure affidavit in
2087 substantially the following form:
2088
2089 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT
2090
2091 I, ...., am a qualified voter in this election and
2092 registered voter of .... County, Florida. I do solemnly swear or
2093 affirm that I requested and returned the vote-by-mail ballot and
2094 that I have not and will not vote more than one ballot in this
2095 election. I understand that if I commit or attempt any fraud in
2096 connection with voting, vote a fraudulent ballot, or vote more
2097 than once in an election, I may be convicted of a felony of the
2098 third degree and fined up to $5,000 and imprisoned for up to 5
2099 years. I understand that my failure to sign this affidavit means
2100 that my vote-by-mail ballot will be invalidated.
2101
2102 ...(Voter’s Signature)...
2103 ...(Address)...
2104
2105 (d) Instructions must accompany the cure affidavit in
2106 substantially the following form:
2107
2108 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
2109 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
2110 BALLOT NOT TO COUNT.
2111
2112 1. In order to ensure that your vote-by-mail ballot will be
2113 counted, your affidavit should be completed and returned as soon
2114 as possible so that it can reach the supervisor of elections of
2115 the county in which your precinct is located no later than 5
2116 p.m. on the 2nd day after the election.
2117 2. You must sign your name on the line above (Voter’s
2118 Signature).
2119 3. You must make a copy of one of the following forms of
2120 identification:
2121 a. Tier 1 identification.—Current and valid identification
2122 that includes your name and photograph: Florida driver license;
2123 Florida identification card issued by the Department of Highway
2124 Safety and Motor Vehicles; United States passport; debit or
2125 credit card; military identification; student identification;
2126 retirement center identification; neighborhood association
2127 identification; public assistance identification; veteran health
2128 identification card issued by the United States Department of
2129 Veterans Affairs; a Florida license to carry a concealed weapon
2130 or firearm; or an employee identification card issued by any
2131 branch, department, agency, or entity of the Federal Government,
2132 the state, a county, or a municipality; or
2133 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
2134 FORM OF IDENTIFICATION, identification that shows your name and
2135 current residence address: current utility bill, bank statement,
2136 government check, paycheck, or government document (excluding
2137 voter information card).
2138 4. Place the envelope bearing the affidavit into a mailing
2139 envelope addressed to the supervisor. Insert a copy of your
2140 identification in the mailing envelope. Mail (if time permits),
2141 deliver, or have delivered the completed affidavit along with
2142 the copy of your identification to your county supervisor of
2143 elections. Be sure there is sufficient postage if mailed and
2144 that the supervisor’s address is correct. Remember, your
2145 information MUST reach your county supervisor of elections no
2146 later than 5 p.m. on the 2nd day after the election, or your
2147 ballot will not count.
2148 5. Alternatively, you may fax or e-mail your completed
2149 affidavit and a copy of your identification to the supervisor of
2150 elections. If e-mailing, please provide these documents as
2151 attachments.
2152
2153 (e) The department and each supervisor shall include the
2154 affidavit and instructions on their respective websites. The
2155 supervisor must include his or her office’s mailing address, e
2156 mail address, and fax number on the page containing the
2157 affidavit instructions, and the department’s instruction page
2158 must include the office mailing addresses, e-mail addresses, and
2159 fax numbers of all supervisors of elections or provide a
2160 conspicuous link to such addresses.
2161 (f) The supervisor shall attach each affidavit received to
2162 the appropriate vote-by-mail ballot mailing envelope.
2163 (g) If a vote-by-mail ballot is validated following the
2164 submission of a cure affidavit, the supervisor shall make a copy
2165 of the affidavit, affix it to a voter registration application,
2166 and immediately process it as a valid request for a signature
2167 update pursuant to s. 98.077.
2168 (h) After all election results on the ballot have been
2169 certified, the supervisor shall, on behalf of the county
2170 canvassing board, notify each elector whose ballot has been
2171 rejected as illegal and provide the specific reason the ballot
2172 was rejected. In addition, unless processed as a signature
2173 update pursuant to paragraph (g), the supervisor shall mail a
2174 voter registration application to the elector to be completed
2175 indicating the elector’s current signature if the signature on
2176 the voter’s certificate or cure affidavit did not match the
2177 elector’s signature in the registration books or precinct
2178 register.
2179 Section 57. Section 101.69, Florida Statutes, is
2180 transferred, renumbered as section 101.0092, Florida Statutes,
2181 and amended to read:
2182 101.0092 101.69 Voting in person; return of vote-by-mail
2183 ballot.—
2184 (1) The provisions of this code shall not be construed to
2185 prohibit any elector from voting in person at the elector’s
2186 precinct on the day of an election or at an early voting site,
2187 notwithstanding that the elector has requested a vote-by-mail
2188 ballot for that election. An elector who has returned a mail
2189 voted vote-by-mail ballot to the supervisor, however, is deemed
2190 to have cast his or her ballot and is not entitled to vote
2191 another ballot or to have a provisional ballot counted by the
2192 county canvassing board. An elector who has received a mail
2193 vote-by-mail ballot and has not returned the voted ballot to the
2194 supervisor, but desires to vote in person, shall return the
2195 ballot, whether voted or not, to the office of the supervisor of
2196 elections or a voter services center election board in the
2197 elector’s precinct or to an early voting site. The returned
2198 ballot shall be marked “canceled” by the supervisor or election
2199 board and placed with other canceled ballots. However, if the
2200 elector does not return the ballot and the election official:
2201 (1)(a) Confirms that the supervisor has received the
2202 elector’s vote-by-mail ballot, the elector may shall not be
2203 allowed to vote in person. If the elector maintains that he or
2204 she has not returned the vote-by-mail ballot or remains eligible
2205 to vote, the elector shall be provided a provisional ballot as
2206 provided in s. 101.048.
2207 (2)(b) Confirms that the supervisor has not received the
2208 elector’s vote-by-mail ballot, the elector shall be allowed to
2209 vote in person as provided in this code. The elector’s vote-by
2210 mail ballot, if subsequently received, shall not be counted and
2211 shall remain in the mailing envelope, and the envelope shall be
2212 marked “Rejected as Illegal.”
2213 (3)(c) Cannot determine whether the supervisor has received
2214 the elector’s vote-by-mail ballot, the elector may vote a
2215 provisional ballot as provided in s. 101.048.
2216 (2) The supervisor shall allow an elector who has received
2217 a vote-by-mail ballot to physically return a voted vote-by-mail
2218 ballot to the supervisor by placing the envelope containing his
2219 or her marked ballot in a secure drop box. Secure drop boxes
2220 shall be placed at the main office of the supervisor, at each
2221 branch office of the supervisor, and at each early voting site.
2222 Secure drop boxes may also be placed at any other site that
2223 would otherwise qualify as an early voting site under s.
2224 101.657(1); provided, however, that any such site must be
2225 staffed during the county’s early voting hours of operation by
2226 an employee of the supervisor’s office or a sworn law
2227 enforcement officer.
2228 Section 58. Section 101.6921, Florida Statutes, is amended
2229 to read:
2230 101.6921 Delivery of special vote-by-mail ballot to certain
2231 first-time voters.—
2232 (1) The provisions of this section apply to voters who are
2233 subject to the provisions of s. 97.0535 and who have not
2234 provided the identification or certification required by s.
2235 97.0535 by the time the vote-by-mail ballot is mailed.
2236 (2) The supervisor shall enclose with each vote-by-mail
2237 ballot three envelopes: a secrecy envelope, into which the
2238 absent elector will enclose his or her marked ballot; an
2239 envelope containing the Voter’s Certificate, into which the
2240 absent elector shall place the secrecy envelope; and a mailing
2241 envelope, which shall be addressed to the supervisor and into
2242 which the absent elector will place the envelope containing the
2243 Voter’s Certificate and a copy of the required identification.
2244 (3) The Voter’s Certificate shall be in substantially the
2245 following form:
2246
2247 Note: Please Read Instructions Carefully Before Marking Ballot
2248 and Completing Voter’s Certificate.
2249
2250 VOTER’S CERTIFICATE
2251
2252 I, ...., do solemnly swear or affirm that I am a qualified
2253 and registered voter of .... County, Florida, and that I have
2254 not and will not vote more than one ballot in this election. I
2255 understand that if I commit or attempt to commit any fraud in
2256 connection with voting, vote a fraudulent ballot, or vote more
2257 than once in an election, I can be convicted of a felony of the
2258 third degree and fined up to $5,000 and/or imprisoned for up to
2259 5 years. I also understand that failure to sign this certificate
2260 will invalidate my ballot. I understand that unless I meet one
2261 of the exemptions below, I must provide a copy of a current and
2262 valid identification as provided in the instruction sheet to the
2263 supervisor of elections in order for my ballot to count.
2264 I further certify that I am exempt from the requirements to
2265 furnish a copy of a current and valid identification with my
2266 ballot because of one or more of the following (check all that
2267 apply):
2268 ☐ I am 65 years of age or older.
2269 ☐ I have a permanent or temporary physical disability.
2270 ☐ I am a member of a uniformed service on active duty who,
2271 by reason of such active duty, will be absent from the county on
2272 election day.
2273 ☐ I am a member of the Merchant Marine who, by reason of
2274 service in the Merchant Marine, will be absent from the county
2275 on election day.
2276 ☐ I am the spouse or dependent of a member of the uniformed
2277 service or Merchant Marine who, by reason of the active duty or
2278 service of the member, will be absent from the county on
2279 election day.
2280 ☐ I am currently residing outside the United States.
2281
2282 ...(Date)... ...Voter’s Signature...
2283
2284 (4) The certificate shall be arranged on the back of the
2285 envelope so that the line for the signature of the absent
2286 elector is across the seal of the envelope.
2287 Section 59. Section 101.6923, Florida Statutes, is amended
2288 to read:
2289 101.6923 Special vote-by-mail ballot instructions for
2290 certain first-time voters.—
2291 (1) The provisions of this section apply to voters who are
2292 subject to the provisions of s. 97.0535 and who have not
2293 provided the identification or information required by s.
2294 97.0535 by the time the vote-by-mail ballot is mailed.
2295 (2) A voter covered by this section shall be provided with
2296 printed instructions with his or her vote-by-mail ballot in
2297 substantially the following form:
2298
2299 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
2300 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
2301 YOUR BALLOT NOT TO COUNT.
2302
2303 1. In order to ensure that your vote-by-mail ballot will be
2304 counted, it should be completed and returned as soon as possible
2305 so that it can reach the supervisor of elections of the county
2306 in which your precinct is located no later than 7 p.m. on the
2307 date of the election. However, if you are an overseas voter
2308 casting a ballot in a presidential preference primary or general
2309 election, your vote-by-mail ballot must be postmarked or dated
2310 no later than the date of the election and received by the
2311 supervisor of elections of the county in which you are
2312 registered to vote no later than 10 days after the date of the
2313 election.
2314 2. Mark your ballot in secret as instructed on the ballot.
2315 You must mark your own ballot unless you are unable to do so
2316 because of blindness, disability, or inability to read or write.
2317 3. Mark only the number of candidates or issue choices for
2318 a race as indicated on the ballot. If you are allowed to “Vote
2319 for One” candidate and you vote for more than one, your vote in
2320 that race will not be counted.
2321 4. Place your marked ballot in the enclosed secrecy
2322 envelope and seal the envelope.
2323 5. Insert the secrecy envelope into the enclosed envelope
2324 bearing the Voter’s Certificate. Seal the envelope and
2325 completely fill out the Voter’s Certificate on the back of the
2326 envelope.
2327 a. You must sign your name on the line above (Voter’s
2328 Signature).
2329 b. If you are an overseas voter, you must include the date
2330 you signed the Voter’s Certificate on the line above (Date) or
2331 your ballot may not be counted.
2332 c. A vote-by-mail ballot will be considered illegal and
2333 will not be counted if the signature on the Voter’s Certificate
2334 does not match the signature on record. The signature on file at
2335 the start of the canvass of the vote-by-mail ballots is the
2336 signature that will be used to verify your signature on the
2337 Voter’s Certificate. If you need to update your signature for
2338 this election, send your signature update on a voter
2339 registration application to your supervisor of elections so that
2340 it is received before your vote-by-mail ballot is received.
2341 6. Unless you meet one of the exemptions in Item 7., you
2342 must make a copy of one of the following forms of
2343 identification:
2344 a. Identification which must include your name and
2345 photograph: United States passport; debit or credit card;
2346 military identification; student identification; retirement
2347 center identification; neighborhood association identification;
2348 public assistance identification; veteran health identification
2349 card issued by the United States Department of Veterans Affairs;
2350 a Florida license to carry a concealed weapon or firearm; or an
2351 employee identification card issued by any branch, department,
2352 agency, or entity of the Federal Government, the state, a
2353 county, or a municipality; or
2354 b. Identification which shows your name and current
2355 residence address: current utility bill, bank statement,
2356 government check, paycheck, or government document (excluding
2357 voter information card).
2358 7. The identification requirements of Item 6. do not apply
2359 if you meet one of the following requirements:
2360 a. You are 65 years of age or older.
2361 b. You have a temporary or permanent physical disability.
2362 c. You are a member of a uniformed service on active duty
2363 who, by reason of such active duty, will be absent from the
2364 county on election day.
2365 d. You are a member of the Merchant Marine who, by reason
2366 of service in the Merchant Marine, will be absent from the
2367 county on election day.
2368 e. You are the spouse or dependent of a member referred to
2369 in paragraph c. or paragraph d. who, by reason of the active
2370 duty or service of the member, will be absent from the county on
2371 election day.
2372 f. You are currently residing outside the United States.
2373 8. Place the envelope bearing the Voter’s Certificate into
2374 the mailing envelope addressed to the supervisor. Insert a copy
2375 of your identification in the mailing envelope. DO NOT PUT YOUR
2376 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2377 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
2378 BALLOT WILL NOT COUNT.
2379 9. Mail, deliver, or have delivered the completed mailing
2380 envelope. Be sure there is sufficient postage if mailed.
2381 10. FELONY NOTICE. It is a felony under Florida law to
2382 accept any gift, payment, or gratuity in exchange for your vote
2383 for a candidate. It is also a felony under Florida law to vote
2384 in an election using a false identity or false address, or under
2385 any other circumstances making your ballot false or fraudulent.
2386 Section 60. Section 101.6925, Florida Statutes, is amended
2387 to read:
2388 101.6925 Canvassing special vote-by-mail ballots.—
2389 (1) The supervisor of the county where the absent elector
2390 resides shall receive the voted special vote-by-mail ballot, at
2391 which time the mailing envelope shall be opened to determine if
2392 the voter has enclosed the identification required or has
2393 indicated on the Voter’s Certificate that he or she is exempt
2394 from the identification requirements.
2395 (2) If the identification is enclosed or the voter has
2396 indicated that he or she is exempt from the identification
2397 requirements, the supervisor shall make the note on the
2398 registration records of the voter and proceed to canvass the
2399 vote-by-mail ballot as provided in s. 101.0091 s. 101.68.
2400 (3) If the identification is not enclosed in the mailing
2401 envelope and the voter has not indicated that he or she is
2402 exempt from the identification requirements, the supervisor
2403 shall check the voter registration records to determine if the
2404 voter’s identification was previously received or the voter had
2405 previously notified the supervisor that he or she was exempt.
2406 The envelope with the Voter’s Certificate shall not be opened
2407 unless the identification has been received or the voter has
2408 indicated that he or she is exempt. The ballot shall be treated
2409 as a provisional ballot until 7 p.m. on election day and shall
2410 not be canvassed unless the supervisor has received the required
2411 identification or written indication of exemption by 7 p.m. on
2412 election day.
2413 Section 61. Section 101.694, Florida Statutes, is amended
2414 to read:
2415 101.694 Mailing of ballots upon receipt of federal postcard
2416 application.—
2417 (1) Upon receipt of a federal postcard application for a
2418 vote-by-mail ballot executed by a person whose registration is
2419 in order or whose application is sufficient to register or
2420 update the registration of that person, the supervisor shall
2421 send the ballot in accordance with s. 101.003(1)(b) s.
2422 101.62(4).
2423 (2) Upon receipt of a federal postcard application for a
2424 vote-by-mail ballot executed by a person whose registration is
2425 not in order and whose application is insufficient to register
2426 or update the registration of that person, the supervisor shall
2427 follow the procedure set forth in s. 97.073.
2428 (3) Ballot Vote-by-mail envelopes printed for voters
2429 entitled to vote by mail under the Uniformed and Overseas
2430 Citizens Absentee Voting Act shall meet the specifications as
2431 determined by the Federal Voting Assistance Program of the
2432 United States Department of Defense and the United States Postal
2433 Service.
2434 (4) Cognizance shall be taken of the fact that vote-by-mail
2435 ballots and other materials such as instructions and envelopes
2436 are to be carried via air mail, and, to the maximum extent
2437 possible, such ballots and materials shall be reduced in size
2438 and weight of paper. The same ballot shall be used, however, as
2439 is used by other mail vote-by-mail voters.
2440 Section 62. Section 101.6951, Florida Statutes, is amended
2441 to read:
2442 101.6951 State write-in vote-by-mail ballot.—
2443 (1) An overseas voter may request, not earlier than 180
2444 days before a general election, a state write-in vote-by-mail
2445 ballot from the supervisor of elections in the county of
2446 registration. In order to receive a state write-in ballot, the
2447 voter shall state that due to military or other contingencies
2448 that preclude normal mail delivery, the voter cannot vote a
2449 regular vote-by-mail ballot during the normal vote-by-mail
2450 voting period. State write-in vote-by-mail ballots shall be made
2451 available to voters 90 to 180 days prior to a general election.
2452 The Department of State shall prescribe by rule the form of the
2453 state write-in vote-by-mail ballot.
2454 (2) In completing the ballot, the overseas voter may
2455 designate his or her choice by writing in the name of the
2456 candidate or by writing in the name of a political party, in
2457 which case the ballot must be counted for the candidate of that
2458 political party, if there is such a party candidate on the
2459 ballot.
2460 (3) Any abbreviation, misspelling, or other minor variation
2461 in the form of the name of a candidate or a political party must
2462 be disregarded in determining the validity of the ballot if
2463 there is a clear indication on the ballot that the voter has
2464 made a definite choice.
2465 (4) The state write-in vote-by-mail ballot shall contain
2466 all offices, federal, state, and local, for which the voter
2467 would otherwise be entitled to vote.
2468 Section 63. Section 101.6952, Florida Statutes, is amended
2469 to read:
2470 101.6952 Vote-by-mail Ballots for absent uniformed services
2471 and overseas voters.—
2472 (1) If an absent uniformed services voter voter’s or an
2473 overseas voter provides voter’s request for an official vote-by
2474 mail ballot pursuant to s. 101.62 includes an e-mail address to
2475 the supervisor of elections, the supervisor of elections shall:
2476 (a) Record the voter’s e-mail address in the vote-by-mail
2477 ballot record;
2478 (b) Confirm by e-mail that the vote-by-mail ballot request
2479 was received and include in that e-mail the estimated date the
2480 vote-by-mail ballot will be sent to the voter; and
2481 (c) Notify the voter by e-mail when the voted vote-by-mail
2482 ballot is received by the supervisor of elections.
2483 (2)(a) An absent uniformed services voter or an overseas
2484 voter who makes timely application for but does not receive an
2485 official vote-by-mail ballot may use the federal write-in
2486 absentee ballot to vote in any federal, state, or local
2487 election.
2488 (b)1. In an election for federal office, an elector may
2489 designate a candidate by writing the name of a candidate on the
2490 ballot. Except for a primary or special primary election, the
2491 elector may alternatively designate a candidate by writing the
2492 name of a political party on the ballot. A written designation
2493 of the political party shall be counted as a vote for the
2494 candidate of that party if there is such a party candidate in
2495 the race.
2496 2. In a state or local election, an elector may vote in the
2497 section of the federal write-in absentee ballot designated for
2498 nonfederal races by writing on the ballot the title of each
2499 office and by writing on the ballot the name of the candidate
2500 for whom the elector is voting. Except for a primary, special
2501 primary, or nonpartisan election, the elector may alternatively
2502 designate a candidate by writing the name of a political party
2503 on the ballot. A written designation of the political party
2504 shall be counted as a vote for the candidate of that party if
2505 there is such a party candidate in the race. In addition, the
2506 elector may vote on any ballot measure presented in such
2507 election by identifying the ballot measure on which he or she
2508 desires to vote and specifying his or her vote on the measure.
2509 For purposes of this section, a vote cast in a judicial merit
2510 retention election shall be treated in the same manner as a
2511 ballot measure in which the only allowable responses are “Yes”
2512 or “No.”
2513 (c) In the case of a joint candidacy, such as for the
2514 offices of President/Vice President or Governor/Lieutenant
2515 Governor, a valid vote for one or both qualified candidates on
2516 the same ticket shall constitute a vote for the joint candidacy.
2517 (d) For purposes of this subsection and except when the
2518 context clearly indicates otherwise, such as when a candidate in
2519 the election is affiliated with a political party whose name
2520 includes the word “Independent,” “Independence,” or a similar
2521 term, a voter designation of “No Party Affiliation” or
2522 “Independent,” or any minor variation, misspelling, or
2523 abbreviation thereof, shall be considered a designation for the
2524 candidate, other than a write-in candidate, who qualified to run
2525 in the race with no party affiliation. If more than one
2526 candidate qualifies to run as a candidate with no party
2527 affiliation, the designation may not count for any candidate
2528 unless there is a valid, additional designation of the
2529 candidate’s name.
2530 (e) Any abbreviation, misspelling, or other minor variation
2531 in the form of the name of an office, the name of a candidate,
2532 the ballot measure, or the name of a political party must be
2533 disregarded in determining the validity of the ballot.
2534 (3)(a) An absent uniformed services voter or an overseas
2535 voter who submits a federal write-in absentee ballot and later
2536 receives a regular mail an official vote-by-mail ballot may
2537 submit the mail official vote-by-mail ballot. An elector who
2538 submits a federal write-in absentee ballot and later receives
2539 and submits a regular mail an official vote-by-mail ballot
2540 should make every reasonable effort to inform the appropriate
2541 supervisor of elections that the elector has submitted more than
2542 one ballot.
2543 (b) A federal write-in absentee ballot may not be canvassed
2544 until 7 p.m. on the day of the election. A federal write-in
2545 absentee ballot from an overseas voter in a presidential
2546 preference primary or general election may not be canvassed
2547 until the conclusion of the 10-day period specified in
2548 subsection (5). Each federal write-in absentee ballot received
2549 by 7 p.m. on the day of the election shall be canvassed pursuant
2550 to ss. 101.0091 and 101.5614(4) ss. 101.5614(4) and 101.68,
2551 unless the elector’s regular mail official vote-by-mail ballot
2552 is received by 7 p.m. on election day. Each federal write-in
2553 absentee ballot from an overseas voter in a presidential
2554 preference primary or general election received by 10 days after
2555 the date of the election shall be canvassed pursuant to ss.
2556 101.0091 and 101.5614(4) ss. 101.5614(4) and 101.68, unless the
2557 overseas voter’s regular mail official vote-by-mail ballot is
2558 received by 10 days after the date of the election. If the
2559 elector’s regular mail official vote-by-mail ballot is received
2560 by 7 p.m. on election day, or, for an overseas voter in a
2561 presidential preference primary or general election, no later
2562 than 10 days after the date of the election, the federal write
2563 in absentee ballot is invalid and the regular mail official
2564 vote-by-mail ballot shall be canvassed. The time shall be
2565 regulated by the customary time in standard use in the county
2566 seat of the locality.
2567 (4) For vote-by-mail ballots received from absent uniformed
2568 services voters or overseas voters, there is a presumption that
2569 the envelope was mailed on the date stated on the outside of the
2570 return envelope, regardless of the absence of a postmark on the
2571 mailed envelope or the existence of a postmark date that is
2572 later than the date of the election.
2573 (5) A regular mail vote-by-mail ballot from an overseas
2574 voter in any presidential preference primary or general election
2575 which is postmarked or dated no later than the date of the
2576 election and is received by the supervisor of elections of the
2577 county in which the overseas voter is registered no later than
2578 10 days after the date of the election shall be counted as long
2579 as the vote-by-mail ballot is otherwise proper.
2580 Section 64. Section 101.697, Florida Statutes, is amended
2581 to read:
2582 101.697 Electronic transmission of election materials.—The
2583 Department of State shall determine whether secure electronic
2584 means can be established for receiving ballots from overseas
2585 voters. If such security can be established, the department
2586 shall adopt rules to authorize a supervisor of elections to
2587 accept from an overseas voter a request for a vote-by-mail
2588 ballot or a voted vote-by-mail ballot by secure facsimile
2589 machine transmission or other secure electronic means. The rules
2590 must provide that in order to accept a voted ballot, the
2591 verification of the voter must be established, the security of
2592 the transmission must be established, and each ballot received
2593 must be recorded.
2594 Section 65. Section 101.71, Florida Statutes, is repealed.
2595 Section 66. Section 101.715, Florida Statutes, is
2596 transferred, renumbered as section 101.0121, Florida Statutes,
2597 and amended to read:
2598 101.0121 101.715 Accessibility of voter services centers
2599 polling places for people having a disability.—
2600 (1) All voter services centers polling places must be
2601 accessible and usable by people with disabilities, as provided
2602 in this section.
2603 (2) Only those voter services centers polling places
2604 complying with the Florida Americans With Disabilities
2605 Accessibility Implementation Act, ss. 553.501-553.513, for all
2606 portions of the voter services center polling place or the
2607 structure in which it is located that voters traverse going to
2608 and from the voter services center polling place and during the
2609 voting process, regardless of the age or function of the
2610 building, shall be used for federal, state, and local elections.
2611 (3) The selection of a voter services center polling site
2612 must ensure accessibility with respect to the following
2613 accessible elements, spaces, scope, and technical requirements:
2614 accessible route, space allowance and reach ranges, protruding
2615 objects, ground and floor surfaces, parking and passenger
2616 loading zones, curb ramps, ramps, stairs, elevators, platform
2617 lifts, doors, entrances, path of egress, controls and operating
2618 mechanisms, signage, and all other minimum requirements.
2619 (4) Standards required at each voter services center
2620 polling place, regardless of the age of the building or function
2621 of the building, include:
2622 (a) For voter services centers polling places that provide
2623 parking spaces for voters, one or more signed accessible parking
2624 spaces for disabled persons.
2625 (b) Signage identifying an accessible path of travel to the
2626 voter services center polling place if it differs from the
2627 primary route or entrance.
2628 (c) An unobstructed path of travel to the voter services
2629 center polling place.
2630 (d) Level, firm, stable, and slip-resistant surfaces.
2631 (e) An unobstructed area for voting.
2632 (f) Sufficient lighting along the accessible path of travel
2633 and within the voter services center polling place.
2634 (5) The department of State may adopt any rules in
2635 accordance with s. 120.54 which are necessary to administer this
2636 section.
2637 Section 67. Subsection (3) of section 101.733, Florida
2638 Statutes, is amended to read:
2639 101.733 Election emergency; purpose; elections emergency
2640 contingency plan.—Because of the existing and continuing
2641 possibility of an emergency or common disaster occurring before
2642 or during a regularly scheduled or special election, and in
2643 order to ensure maximum citizen participation in the electoral
2644 process and provide a safe and orderly procedure for persons
2645 seeking to exercise their right to vote, generally to minimize
2646 to whatever degree possible a person’s exposure to danger during
2647 declared states of emergency, and to protect the integrity of
2648 the electoral process, it is hereby found and declared to be
2649 necessary to designate a procedure for the emergency suspension
2650 or delay and rescheduling of elections.
2651 (3) The division of Elections of the Department of State
2652 shall adopt, by rule, an elections emergency contingency plan,
2653 which must shall contain goals and policies that give specific
2654 direction to state and local elections officials when an
2655 election has been suspended or delayed due to an emergency. The
2656 contingency plan must shall be statewide in scope and must shall
2657 address, but is not be limited to, the following concerns:
2658 (a) Providing a procedure for state and local elections
2659 officials to follow when an election has been suspended or
2660 delayed to ensure notice of the suspension or delay to the
2661 proper authorities, the electorate, the communications media,
2662 election poll workers, and the custodians of voting locations
2663 polling places.
2664 (b) Providing a procedure for the orderly conduct of a
2665 rescheduled election, whether municipal, county, district, or
2666 statewide in scope; coordinating those efforts with the
2667 appropriate elections official, and the members of the governing
2668 body holding such election, if appropriate; and working with the
2669 appropriate emergency management officials in determining the
2670 safety of existing voter services centers and drop box locations
2671 polling places or designating additional centers or locations
2672 polling places.
2673 (c) Providing a procedure for the release and certification
2674 of election returns to the department for elections suspended or
2675 delayed and subsequently rescheduled under the provisions of ss.
2676 101.731-101.74.
2677 Section 68. Section 101.74, Florida Statutes, is amended to
2678 read:
2679 101.74 Temporary change of voter services center or drop
2680 box location polling place in case of emergency.—In case of an
2681 emergency existing in any precinct at the time of the holding of
2682 any election, the supervisor of elections may establish, at any
2683 safe and convenient point outside such precinct, an additional
2684 voter services center or drop box location to allow any
2685 affected, qualified elector to either vote or drop off a ballot
2686 polling place for the electors of that precinct, in which place
2687 the qualified electors may vote. The registration books of the
2688 affected precinct shall be applicable to, and shall be used at,
2689 the polling place so established.
2690 Section 69. Section 102.012, Florida Statutes, is amended
2691 to read:
2692 102.012 Inspectors and clerks to conduct elections.—
2693 (1)(a) The supervisor of elections of each county, at least
2694 20 days prior to the holding of any election, shall appoint an
2695 election board comprised of election poll workers who serve as
2696 clerks or inspectors for each voter services center precinct in
2697 the county. The clerk shall be in charge of, and responsible
2698 for, seeing that the election board carries out its duties and
2699 responsibilities. Each inspector and each clerk shall take and
2700 subscribe to an oath or affirmation, which shall be written or
2701 printed, to the effect that he or she will perform the duties of
2702 inspector or clerk of election, respectively, according to law
2703 and will endeavor to prevent all fraud, deceit, or abuse in
2704 conducting the election. The oath may be taken before an officer
2705 authorized to administer oaths or before any of the persons who
2706 are to act as inspectors, one of them to swear the others, and
2707 one of the others sworn thus, in turn, to administer the oath to
2708 the one who has not been sworn. The oaths shall be returned with
2709 the poll list and the returns of the election to the supervisor.
2710 In all questions that may arise before the members of an
2711 election board, the decision of a majority of them shall decide
2712 the question. The supervisor of elections of each county shall
2713 be responsible for the attendance and diligent performance of
2714 his or her duties by each clerk and inspector.
2715 (b) If two or more precincts share the same building and
2716 voting place, the supervisor of elections may appoint one
2717 election board for the collocated precincts. The supervisor
2718 shall provide that a sufficient number of poll workers are
2719 appointed to adequately handle the processing of the voters in
2720 the collocated precincts.
2721 (2) Each member of the election board shall be able to read
2722 and write the English language and shall be a registered
2723 qualified elector of the county in which the member is appointed
2724 or a person who has preregistered to vote, pursuant to s.
2725 97.041(1)(b), in the county in which the member is appointed. No
2726 election board shall be composed solely of members of one
2727 political party; however, in any primary in which only one party
2728 has candidates appearing on the ballot, all clerks and
2729 inspectors may be of that party. Any person whose name appears
2730 as an opposed candidate for any office is shall not be eligible
2731 to serve on an election board.
2732 (3) The supervisor shall furnish inspectors of election for
2733 each voter services center precinct with the list of registered
2734 voters for that county precinct. The supervisor shall also
2735 furnish to the inspectors of election at the polling place at
2736 each precinct in the supervisor’s county a sufficient number of
2737 forms and blanks for use on election day.
2738 (4) The election board of each precinct shall attend the
2739 polling place by 6 a.m. of the day of the election and shall
2740 arrange the furniture, stationery, and voting equipment. The
2741 election board shall conduct the voting, beginning and closing
2742 at the time set forth in s. 100.011.
2743 Section 70. Section 102.014, Florida Statutes, is amended
2744 to read:
2745 102.014 Election Poll worker recruitment and training.—
2746 (1) The supervisor of elections shall conduct training for
2747 inspectors, clerks, and deputy sheriffs prior to each primary,
2748 general, and special election for the purpose of instructing
2749 such persons in their duties and responsibilities as election
2750 officials. The division of Elections shall develop a statewide
2751 uniform training curriculum for election poll workers, and each
2752 supervisor shall use such curriculum in training election poll
2753 workers. A certificate may be issued by the supervisor of
2754 elections to each person completing such training. No person
2755 shall serve as an inspector, clerk, or deputy sheriff for an
2756 election unless such person has completed the training as
2757 required. A clerk may not work in an election at the polls
2758 unless he or she demonstrates a working knowledge of the laws
2759 and procedures relating to voter registration, voting system
2760 operation, balloting and voter services center polling place
2761 procedures, and problem-solving and conflict-resolution skills.
2762 (2) A person who has attended previous training conducted
2763 within 2 years before the election may be appointed by the
2764 supervisor to fill a vacancy on an election board. If no person
2765 with prior training is available to fill such vacancy, the
2766 supervisor of elections may fill such vacancy in accordance with
2767 the provisions of subsection (3) from among persons who have not
2768 received the training required by this section.
2769 (3) In the case of absence or refusal to act on the part of
2770 any inspector or clerk, the supervisor shall appoint a
2771 replacement who meets the qualifications prescribed in s.
2772 102.012(2). The inspector or clerk so appointed shall be a
2773 member of the same political party as the clerk or inspector
2774 whom he or she replaces.
2775 (4) Each supervisor of elections is shall be responsible
2776 for training inspectors and clerks, subject to the following
2777 minimum requirements:
2778 (a) No clerk shall be entitled to work in an election at
2779 the polls unless he or she has had a minimum of 3 hours of
2780 training prior to each election.
2781 (b) No inspector shall work in an election at the polls
2782 unless he or she has had a minimum of 2 hours of training prior
2783 to each election.
2784 (5) The department of State shall create a uniform voter
2785 services center polling place procedures manual and adopt the
2786 manual by rule. Each supervisor of elections shall ensure that
2787 the manual is available in hard copy or electronic form in every
2788 voter services center polling place. The manual shall guide
2789 inspectors, clerks, and deputy sheriffs in the proper
2790 implementation of election procedures and laws. The manual shall
2791 be indexed by subject, and written in plain, clear, unambiguous
2792 language. The manual shall provide specific examples of common
2793 problems encountered at centers the polls and detail specific
2794 procedures for resolving those problems. The manual shall
2795 include, without limitation:
2796 (a) Regulations governing solicitation by individuals and
2797 groups at the voter services center polling place;
2798 (b) Procedures to be followed with respect to voters whose
2799 names are not in the registration books on the precinct
2800 register;
2801 (c) Proper operation of the voting system;
2802 (d) Ballot handling procedures;
2803 (e) Procedures governing spoiled ballots;
2804 (f) Procedures to be followed after voting hours end the
2805 polls close;
2806 (g) Rights of voters at the polls;
2807 (h) Procedures for handling emergency situations;
2808 (i) Procedures for dealing with irate voters;
2809 (j) The handling and processing of provisional ballots; and
2810 (k) Security procedures.
2811
2812 The department of State shall revise the manual as necessary to
2813 address new procedures in law or problems encountered by voters
2814 and election poll workers at the precincts.
2815 (6) Supervisors of elections shall work with the business
2816 and local community to develop public-private programs to ensure
2817 the recruitment of skilled inspectors and clerks.
2818 (7) The department of State shall develop a mandatory,
2819 statewide, and uniform program for training election poll
2820 workers on issues of etiquette and sensitivity with respect to
2821 voters having a disability. The program must be conducted
2822 locally by each supervisor of elections, and each election poll
2823 worker must complete the program before working during the
2824 current election cycle. The supervisor of elections shall
2825 contract with a recognized disability-related organization, such
2826 as a center for independent living, family network on
2827 disabilities, deaf service bureau, or other such organization,
2828 to develop and assist with training the trainers in the
2829 disability sensitivity programs. The program must include actual
2830 demonstrations of obstacles confronted by disabled persons
2831 during the voting process, including obtaining access to the
2832 voter services center polling place, traveling through the
2833 polling area, and using the voting system.
2834 Section 71. Subsection (2) of section 102.021, Florida
2835 Statutes, is amended to read:
2836 102.021 Compensation of inspectors, clerks, and deputy
2837 sheriffs.—
2838 (2) Inspectors and clerks of election and deputy sheriffs
2839 serving at voter services centers or secure drop box locations
2840 the precincts may receive compensation and travel expenses, as
2841 provided in s. 112.061, for attending the election poll worker
2842 training required by s. 102.014.
2843 Section 72. Section 102.031, Florida Statutes, is amended
2844 to read:
2845 102.031 Maintenance of good order at polls; authorities;
2846 persons allowed in polling rooms and early voting areas;
2847 unlawful solicitation of voters.—
2848 (1) Each election board shall possess full authority to
2849 maintain order at the polls and enforce obedience to its lawful
2850 commands during an election and the canvass of the votes.
2851 (2) The sheriff shall deputize a deputy sheriff for each
2852 voter services center polling place and each early voting site
2853 who shall be present during the time the center polls or early
2854 voting sites are open and until the election is completed, who
2855 shall be subject to all lawful commands of the clerk or
2856 inspectors, and who shall maintain good order. The deputy may
2857 summon assistance from among bystanders to aid him or her when
2858 necessary to maintain peace and order at the center polls or
2859 early voting sites.
2860 (3)(a) No person may enter any polling room or polling
2861 place where the polling place is also a polling room, or any
2862 early voting area during voting hours except the following:
2863 1. Official poll watchers;
2864 2. Inspectors;
2865 3. Election clerks;
2866 4. The supervisor of elections or his or her deputy;
2867 5. Persons there to vote, persons in the care of a voter,
2868 or persons caring for such voter;
2869 6. Law enforcement officers or emergency service personnel
2870 there with permission of the clerk or a majority of the
2871 inspectors; or
2872 7. A person, whether or not a registered voter, who is
2873 assisting with or participating in a simulated election for
2874 minors, as approved by the supervisor of elections.
2875 (b) The restriction in this subsection does not apply where
2876 the voting area polling room is in an area commonly traversed by
2877 the public in order to gain access to businesses or homes or in
2878 an area traditionally utilized as a public area for discussion.
2879 (4)(a) No person, political committee, or other group or
2880 organization may solicit voters inside the voter services center
2881 polling place or within 150 feet of a secure drop box location
2882 or the entrance to any voter services center polling place, a
2883 polling room where the polling place is also a polling room, an
2884 early voting site, or an office of the supervisor where vote-by
2885 mail ballots are requested and printed on demand for the
2886 convenience of electors who appear in person to request them.
2887 Before the opening of a voter services center or secure drop box
2888 location the polling place or early voting site, the clerk or
2889 supervisor shall designate the no-solicitation zone and mark the
2890 boundaries.
2891 (b) For the purpose of this subsection, the terms “solicit”
2892 or “solicitation” shall include, but not be limited to, seeking
2893 or attempting to seek any vote, fact, opinion, or contribution;
2894 distributing or attempting to distribute any political or
2895 campaign material, leaflet, or handout; conducting a poll except
2896 as specified in this paragraph; seeking or attempting to seek a
2897 signature on any petition; and selling or attempting to sell any
2898 item. The terms “solicit” or “solicitation” may not be construed
2899 to prohibit exit polling.
2900 (c) Each supervisor of elections shall inform the clerk of
2901 the area within which soliciting is unlawful, based on the
2902 particular characteristics of that site polling place. The
2903 supervisor or the clerk may take any reasonable action necessary
2904 to ensure order at the polling places, including, but not
2905 limited to, having disruptive and unruly persons removed by law
2906 enforcement officers from the voting area polling room or place
2907 or from the 150-foot no-solicitation zone surrounding the
2908 polling place.
2909 (d) Except as provided in paragraph (a), the supervisor may
2910 not designate a no-solicitation zone or otherwise restrict
2911 access to any person, political committee, candidate, or other
2912 group or organization for the purposes of soliciting voters.
2913 This paragraph applies to any public or private property used as
2914 a voter services center or any other site used for conducting an
2915 election polling place or early voting site.
2916 (e) The owner, operator, or lessee of the property on which
2917 a voter services center or secure drop box location polling
2918 place or an early voting site is located, or an agent or
2919 employee thereof, may not prohibit the solicitation of voters
2920 outside of the no-solicitation zone during polling hours of
2921 operation.
2922 (5) No photography is permitted in the voter services
2923 center polling room or early voting area, except an elector may
2924 photograph his or her own ballot.
2925 Section 73. Section 102.101, Florida Statutes, is amended
2926 to read:
2927 102.101 Sheriff and other officers not allowed in voter
2928 services center polling place.—No sheriff, deputy sheriff,
2929 police officer, or other officer of the law shall be allowed
2930 within the voter services center polling place without
2931 permission from the clerk or a majority of the inspectors,
2932 except to cast his or her ballot. Upon the failure of any of
2933 said officers to comply with this provision, the clerk or the
2934 inspectors or any one of them shall make an affidavit against
2935 such officer for his or her arrest.
2936 Section 74. Present subsections (5) through (11) of section
2937 102.141, Florida Statutes, are renumbered as subsections (4)
2938 through (10), respectively, and subsections (2), (3), and (4)
2939 and paragraph (a) of present subsection (10) of that section are
2940 amended, to read:
2941 102.141 County canvassing board; duties.—
2942 (2)(a) The county canvassing board shall meet in a building
2943 accessible to the public in the county where the election
2944 occurred at a time and place to be designated by the supervisor
2945 to publicly canvass the absent electors’ ballots as provided for
2946 in s. 101.0091 s. 101.68 and provisional ballots as provided by
2947 ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
2948 pursuant to s. 101.049 shall be canvassed in a manner that votes
2949 for candidates and issues on those ballots can be segregated
2950 from other votes. As soon as mail the absent electors’ ballots
2951 and the provisional ballots are canvassed, the board shall
2952 proceed to publicly canvass the vote given each candidate,
2953 nominee, constitutional amendment, or other measure submitted to
2954 the electorate of the county, as shown by the returns then on
2955 file in the office of the supervisor.
2956 (b) Public notice of the time and place at which the county
2957 canvassing board shall meet to canvass the absent electors’
2958 ballots and provisional ballots must be given at least 48 hours
2959 prior thereto by publication on the supervisor’s website and
2960 published in one or more newspapers of general circulation in
2961 the county or, if there is no newspaper of general circulation
2962 in the county, by posting such notice in at least four
2963 conspicuous places in the county. The time given in the notice
2964 as to the convening of the meeting of the county canvassing
2965 board must be specific and may not be a time period during which
2966 the board may meet.
2967 (c) If the county canvassing board suspends or recesses a
2968 meeting publicly noticed pursuant to paragraph (b) for a period
2969 lasting more than 60 minutes, the board must post on the
2970 supervisor’s website the anticipated time at which the board
2971 expects to reconvene. If the county canvassing board does not
2972 reconvene at the specified time, the board must provide at least
2973 2 hours’ notice, which must be posted on the supervisor’s
2974 website, before reconvening.
2975 (d) During any meeting of the county canvassing board, a
2976 physical notice must be placed in a conspicuous area near the
2977 public entrance to the building in which the meeting is taking
2978 place. The physical notice must include the names of the
2979 individuals officially serving as the county canvassing board,
2980 the names of any alternate members, the time of the meeting, and
2981 a brief statement as to the anticipated activities of the county
2982 canvassing board.
2983 (3) The canvass, except the canvass of absent electors’
2984 returns and the canvass of provisional ballots, shall be made
2985 from the returns and certificates of the inspectors as signed
2986 and filed by them with the supervisor, and the county canvassing
2987 board shall not change the number of votes cast for a candidate,
2988 nominee, constitutional amendment, or other measure submitted to
2989 the electorate of the county, respectively, in any polling
2990 place, as shown by the returns. All returns shall be made to the
2991 board on or before 2 a.m. of the day following any primary,
2992 general, or other election. If the returns from any precinct are
2993 missing, if there are any omissions on the returns from any
2994 precinct, or if there is an obvious error on any such returns,
2995 the canvassing board shall order a retabulation of the returns
2996 from such precinct. Before canvassing such returns, the
2997 canvassing board shall examine the tabulation of the ballots
2998 cast in such precinct and determine whether the returns
2999 correctly reflect the votes cast. If there is a discrepancy
3000 between the returns and the tabulation of the ballots cast, the
3001 tabulation of the ballots cast shall be presumed correct and
3002 such votes shall be canvassed accordingly.
3003 (3)(a)(4)(a) The supervisor of elections shall upload into
3004 the county’s election management system by 7 p.m. on the day
3005 before the election the results of all early voting and vote-by
3006 mail ballots that have been canvassed and tabulated through the
3007 2nd day before the election by the end of the early voting
3008 period. Pursuant to ss. 101.0091(2) and 101.5614(8), 101.657,
3009 and 101.68(2), the tabulation of votes cast or the results of
3010 such uploads may not be made public before 7 p.m. the close of
3011 the polls on election day.
3012 (b) The canvassing board shall report all early voting and
3013 all tabulated vote-by-mail results to the Department of State
3014 within 30 minutes after 7 p.m. on election day the polls close.
3015 Thereafter, the canvassing board shall report, with the
3016 exception of provisional ballot results, updated precinct
3017 election results to the department at least every 45 minutes
3018 until all results are completely reported. The supervisor of
3019 elections shall notify the department immediately of any
3020 circumstances that do not permit periodic updates as required.
3021 Results shall be submitted in a format prescribed by the
3022 department.
3023 (9)(a)(10)(a) At the same time that the official results of
3024 an election are certified to the department of State, the county
3025 canvassing board shall file a report with the division of
3026 Elections on the conduct of the election. The report must
3027 describe:
3028 1. All equipment or software malfunctions at the precinct
3029 level, at a counting location, or within computer and
3030 telecommunications networks supporting a county location, and
3031 the steps that were taken to address the malfunctions;
3032 2. All election definition errors that were discovered
3033 after the logic and accuracy test, and the steps that were taken
3034 to address the errors;
3035 3. All ballot printing errors or ballot supply problems,
3036 and the steps that were taken to address the errors or problems;
3037 4. All staffing shortages or procedural violations by
3038 employees or precinct workers which were addressed by the
3039 supervisor of elections or the county canvassing board during
3040 the conduct of the election, and the steps that were taken to
3041 correct such issues;
3042 5. All instances where needs for staffing or equipment were
3043 insufficient to meet the needs of the voters; and
3044 6. Any additional information regarding material issues or
3045 problems associated with the conduct of the election.
3046 Section 75. Paragraph (b) of subsection (5) of section
3047 102.166, Florida Statutes, is amended to read:
3048 102.166 Manual recounts of overvotes and undervotes.—
3049 (5) Procedures for a manual recount are as follows:
3050 (b) Each duplicate ballot prepared pursuant to s.
3051 101.5614(4) or s. 102.141(6) must s. 102.141(7) shall be
3052 compared with the original ballot to ensure the correctness of
3053 the duplicate.
3054 Section 76. Subsection (8) of section 102.168, Florida
3055 Statutes, is amended to read:
3056 102.168 Contest of election.—
3057 (8) In any contest that requires a review of the canvassing
3058 board’s decision on the legality of a mail or provisional or
3059 vote-by-mail ballot pursuant to s. 101.0091 or s. 101.048 or s.
3060 101.68 based upon a comparison of the signature of the elector
3061 in the registration records with the signature on the
3062 provisional or vote-by-mail voter’s certificate or the
3063 provisional or vote-by-mail cure affidavit, the circuit court
3064 may not review or consider any evidence other than the signature
3065 of the elector in the registration records, the signature on the
3066 respective voter’s certificate or cure affidavit, and any
3067 supporting identification that the elector submitted with the
3068 cure affidavit. The court’s review of such issue shall be to
3069 determine only if the canvassing board abused its discretion in
3070 making its decision.
3071 Section 77. Section 104.047, Florida Statutes, is amended
3072 to read:
3073 104.047 Vote-by-mail Ballots and voting; violations.—
3074 (1) Except as provided in s. 101.014(3) s. 101.62 or s.
3075 101.655, any person who requests a vote-by-mail ballot on behalf
3076 of an elector commits is guilty of a felony of the third degree,
3077 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3078 (2) Any person who marks or designates a choice on the
3079 ballot of another person, except as provided in s. 101.006, s.
3080 101.051, or s. 101.655, or s. 101.661, commits is guilty of a
3081 felony of the third degree, punishable as provided in s.
3082 775.082, s. 775.083, or s. 775.084.
3083 Section 78. Paragraph (b) of subsection (2) of section
3084 104.0515, Florida Statutes, is amended to read:
3085 104.0515 Voting rights; deprivation of, or interference
3086 with, prohibited; penalty.—
3087 (2) No person acting under color of law shall:
3088 (a) In determining whether any individual is qualified
3089 under law to vote in any election, apply any standard, practice,
3090 or procedure different from the standards, practices, or
3091 procedures applied under law to other individuals within the
3092 same political subdivision who have been found to be qualified
3093 to vote; or
3094 (b) Deny the right of any individual to vote in any
3095 election because of an error or omission on any record or paper
3096 relating to any application, registration, or other act
3097 requisite to voting, if such error or omission is not material
3098 in determining whether such individual is qualified under law to
3099 vote in such election. This paragraph shall apply to vote-by
3100 mail ballots only if there is a pattern or history of
3101 discrimination on the basis of race, color, or previous
3102 condition of servitude in regard to vote-by-mail ballots.
3103 Section 79. Paragraph (d) of subsection (2) and paragraph
3104 (c) of subsection (3) of section 104.0615, Florida Statutes, are
3105 amended to read:
3106 104.0615 Voter intimidation or suppression prohibited;
3107 criminal penalties.—
3108 (2) A person may not directly or indirectly use or threaten
3109 to use force, violence, or intimidation or any tactic of
3110 coercion or intimidation to induce or compel an individual to:
3111 (d) Refrain from acting as a legally authorized election
3112 official or poll watcher.
3113 (3) A person may not knowingly use false information to:
3114 (c) Induce or attempt to induce an individual to refrain
3115 from acting as a legally authorized election official or poll
3116 watcher.
3117 Section 80. Section 104.0616, Florida Statutes, is amended
3118 to read:
3119 104.0616 Vote-by-mail Ballots and voting; violations.—
3120 (1) For purposes of this section, the term “immediate
3121 family” means a person’s spouse or the parent, child,
3122 grandparent, or sibling of the person or the person’s spouse.
3123 (2) Any person who provides or offers to provide, and any
3124 person who accepts, a pecuniary or other benefit in exchange for
3125 distributing, ordering, requesting, collecting, delivering, or
3126 otherwise physically possessing more than two vote-by-mail
3127 ballots per election in addition to his or her own ballot or a
3128 ballot belonging to an immediate family member, except as
3129 provided in ss. 101.6105-101.694, commits a misdemeanor of the
3130 first degree, punishable as provided in s. 775.082, s. 775.083,
3131 or s. 775.084.
3132 Section 81. Section 104.17, Florida Statutes, is amended to
3133 read:
3134 104.17 Voting in person after casting mail vote-by-mail
3135 ballot.—Any person who willfully votes or attempts to vote both
3136 in person and by mail vote-by-mail ballot at any election
3137 commits is guilty of a felony of the third degree, punishable as
3138 provided in s. 775.082, s. 775.083, or s. 775.084.
3139 Section 82. Section 104.20, Florida Statutes, is amended to
3140 read:
3141 104.20 Ballot not to be seen, and other offenses.—Any
3142 elector who, except as provided by law, allows his or her ballot
3143 to be seen by any person; takes or removes, or attempts to take
3144 or remove, any ballot from the voter services center polling
3145 place before the close of the polls; places any mark on his or
3146 her ballot by which it may be identified; endeavors to induce
3147 any elector to show how he or she voted; aids or attempts to aid
3148 any elector unlawfully; or prints or procures to be printed, or
3149 has in his or her possession, any copies of any ballot prepared
3150 to be voted commits is guilty of a misdemeanor of the first
3151 degree, punishable as provided in s. 775.082 or s. 775.083.
3152 Section 83. Section 104.29, Florida Statutes, is amended to
3153 read:
3154 104.29 Inspectors refusing to allow watchers while ballots
3155 are counted.—The inspectors or other election officials at the
3156 voter services center polling place shall, after the polls
3157 close, allow as many as three persons near to them to see
3158 whether the ballots are being reconciled correctly. Any official
3159 who denies this privilege or interferes therewith commits a
3160 misdemeanor of the first degree, punishable as provided in s.
3161 775.082 or s. 775.083.
3162 Section 84. Subsection (2) of section 117.05, Florida
3163 Statutes, is amended to read:
3164 117.05 Use of notary commission; unlawful use; notary fee;
3165 seal; duties; employer liability; name change; advertising;
3166 photocopies; penalties.—
3167 (2)(a) The fee of a notary public may not exceed $10 for
3168 any one notarial act, except as provided in s. 117.045 or s.
3169 117.275.
3170 (b) A notary public may not charge a fee for witnessing a
3171 vote-by-mail ballot in an election, and must witness such a
3172 ballot upon the request of an elector, provided the notarial act
3173 is in accordance with the provisions of this chapter.
3174 Section 85. Paragraph (c) of subsection (3) of section
3175 153.53, Florida Statutes, is amended to read:
3176 153.53 Establishment of districts in unincorporated areas.—
3177 (3)
3178 (c) The ballot to be used at said election shall be in
3179 substantially the following form:
3180
3181 OFFICIAL BALLOT
3182
3183 .... WATER AND SEWER DISTRICT
3184 .... COUNTY, FLORIDA
3185
3186 SPECIAL ELECTION ...(Insert date)...
3187
3188 1. Shall .... Water and Sewer District .... County, Florida, be
3189 created?
3190 .... Yes
3191 .... No
3192 2. Make a cross mark (x) before the names of the candidates of
3193 your choice.
3194 FOR COMMISSIONERS OF
3195 WATER AND SEWER DISTRICT
3196 VOTE FOR THREE WRITE-IN
3197 VOTES
3198
3199 ................................................................
3200
3201 ................................................................
3202
3203 ................................................................
3204
3205 ................................................................
3206
3207 Blank lines shall be placed on the ballot so that the name of
3208 any person who did not file a petition and who is otherwise
3209 qualified may be written in, in the form of an irregular or
3210 write-in vote. The inspectors and clerks for said election shall
3211 be appointed by the board of county commissioners. The ballots
3212 shall be furnished by the board of county commissioners. The
3213 board of county commissioners shall designate an appropriate
3214 voter services center polling place or voter services centers to
3215 supplement mail balloting polling places where said election
3216 shall be held. The inspectors and clerks shall make returns to
3217 the board of county commissioners and said board of county
3218 commissioners shall canvass said election returns and declare
3219 the results thereof at a meeting to be held as soon as practical
3220 after said election.
3221 Section 86. Subsection (1) of section 155.04, Florida
3222 Statutes, is amended to read:
3223 155.04 County hospitals; petition; election;
3224 establishment.—
3225 (1) Whenever the board of county commissioners of any
3226 county in the state shall be presented with a petition signed by
3227 5 percent of the resident freeholders of such county, asking
3228 that an annual tax may be levied for the establishment and
3229 maintenance of a public hospital at a place in the county named
3230 therein, and shall specify in said petition the maximum amount
3231 of money proposed to be expended in purchasing or building said
3232 hospital, such board of county commissioners shall submit the
3233 question to the qualified electors of the county who are
3234 freeholders at the next general election to be held in the
3235 county, or at a special election called for that purpose, first
3236 giving 30 days’ notice thereof in one or more newspapers
3237 published in the county, if any be published therein, or posting
3238 written or printed notices at each voter services center in each
3239 precinct of the county, which notice shall include the text of
3240 the petition and state the amount of the tax to be levied upon
3241 the assessed property of the said county which tax shall not
3242 exceed 5 mills on the dollar, and be for the issue of the county
3243 bonds, to provide funds for the purchase of the site, or sites,
3244 and the erection thereon of a public hospital and hospital
3245 buildings, and for the support of same, which bonds shall be
3246 payable within 30 years, which said election shall be held at
3247 the usual places in such county for voting upon county officers,
3248 and shall be canvassed in the same manner as the vote for the
3249 county officers is canvassed. The ballots to be used in any
3250 election at which such hospital question is submitted, shall be
3251 printed with a statement substantially as follows:
3252
3253 For a .... mill tax for a bond issue for a public hospital,
3254 and for maintenance of same:
3255 YES ....
3256 NO ....
3257
3258 Section 87. Paragraph (a) of subsection (16) of section
3259 163.514, Florida Statutes, is amended to read:
3260 163.514 Powers of neighborhood improvement districts.
3261 Unless prohibited by ordinance, the board of any district shall
3262 be empowered to:
3263 (16)(a) Subject to referendum approval, make and collect
3264 special assessments pursuant to ss. 197.3632 and 197.3635 to pay
3265 for improvements to the district and for reasonable expenses of
3266 operating the district, including the payment of expenses
3267 included in the district’s budget, subject to an affirmative
3268 vote by a majority of the registered voters residing in the
3269 district. Such assessments shall not exceed $500 for each
3270 individual parcel of land per year. Notwithstanding the
3271 provisions of s. 101.6102, the referendum to approve the special
3272 assessment shall be by mail ballot.
3273 Section 88. Paragraph (c) of subsection (2) of section
3274 171.0413, Florida Statutes, is amended to read:
3275 171.0413 Annexation procedures.—Any municipality may annex
3276 contiguous, compact, unincorporated territory in the following
3277 manner:
3278 (2) Following the final adoption of the ordinance of
3279 annexation by the governing body of the annexing municipality,
3280 the ordinance shall be submitted to a vote of the registered
3281 electors of the area proposed to be annexed. The governing body
3282 of the annexing municipality may also choose to submit the
3283 ordinance of annexation to a separate vote of the registered
3284 electors of the annexing municipality. The referendum on
3285 annexation shall be called and conducted and the expense thereof
3286 paid by the governing body of the annexing municipality.
3287 (c) On the day of the referendum on annexation, there shall
3288 be prominently displayed at each voter services center polling
3289 place a copy of the ordinance of annexation and a description of
3290 the property proposed to be annexed. The description shall be by
3291 metes and bounds and shall include a map clearly showing such
3292 area.
3293 Section 89. Section 256.011, Florida Statutes, is amended
3294 to read:
3295 256.011 Display of flag at voter services center on
3296 election day.—
3297 (1) The supervisor of elections of each county in this
3298 state shall provide a flag of the United States for each voter
3299 services center polling place in the county. The flag shall be
3300 displayed properly and prominently at all designated voter
3301 services centers polling places on all days when an election is
3302 being held.
3303 (2) The supervisor of elections of each county in the state
3304 shall make the flags available to each municipality or
3305 governmental body holding an election within such county for
3306 each election held for any such municipality or governmental
3307 body within such county. The municipality or governmental body
3308 shall have the responsibility of properly and prominently
3309 displaying the flag at each such voter services center polling
3310 place on all days when an election is being held and shall bear
3311 the expense of displaying the flag of the United States.
3312 (3) Each supervisor of elections is authorized to purchase
3313 a sufficient number of flags to carry out the purpose of this
3314 act out of the general revenue fund of each such county.
3315 (4) In lieu of a flag of the United States, a picture or
3316 representation of the flag may be displayed at the voter
3317 services center polling place, provided such picture or
3318 representation measures, at a minimum, 1 square foot in size.
3319 Section 90. Subsection (7) of section 394.459, Florida
3320 Statutes, is amended to read:
3321 394.459 Rights of patients.—
3322 (7) VOTING IN PUBLIC ELECTIONS.—A patient who is eligible
3323 to vote according to the laws of the state has the right to vote
3324 in the primary and general elections. The department shall
3325 establish rules to enable patients to obtain voter registration
3326 forms, applications for vote-by-mail ballots, and vote-by-mail
3327 ballots.
3328 Section 91. Section 741.406, Florida Statutes, is amended
3329 to read:
3330 741.406 Voting by program participant; use of designated
3331 address by supervisor of elections.—A program participant who is
3332 otherwise qualified to vote may request a vote-by-mail ballot
3333 pursuant to s. 101.62. The program participant shall
3334 automatically receive vote-by-mail ballots for all elections in
3335 the jurisdictions in which that individual resides in the same
3336 manner as vote-by-mail voters. The supervisor of elections shall
3337 transmit a the vote-by-mail ballot to the program participant at
3338 the address designated by the participant in his or her voter
3339 registration record in the same manner as other voters
3340 application as a vote-by-mail voter. However, the name, address,
3341 and telephone number of a program participant may not be
3342 included in any list of registered voters available to the
3343 public.
3344 Section 92. Paragraph (a) of subsection (12) of section
3345 790.06, Florida Statutes, is amended to read:
3346 790.06 License to carry concealed weapon or firearm.—
3347 (12)(a) A license issued under this section does not
3348 authorize any person to openly carry a handgun or carry a
3349 concealed weapon or firearm into:
3350 1. Any place of nuisance as defined in s. 823.05;
3351 2. Any police, sheriff, or highway patrol station;
3352 3. Any detention facility, prison, or jail;
3353 4. Any courthouse;
3354 5. Any courtroom, except that nothing in this section would
3355 preclude a judge from carrying a concealed weapon or determining
3356 who will carry a concealed weapon in his or her courtroom;
3357 6. Any voter services center polling place;
3358 7. Any meeting of the governing body of a county, public
3359 school district, municipality, or special district;
3360 8. Any meeting of the Legislature or a committee thereof;
3361 9. Any school, college, or professional athletic event not
3362 related to firearms;
3363 10. Any elementary or secondary school facility or
3364 administration building;
3365 11. Any career center;
3366 12. Any portion of an establishment licensed to dispense
3367 alcoholic beverages for consumption on the premises, which
3368 portion of the establishment is primarily devoted to such
3369 purpose;
3370 13. Any college or university facility unless the licensee
3371 is a registered student, employee, or faculty member of such
3372 college or university and the weapon is a stun gun or nonlethal
3373 electric weapon or device designed solely for defensive purposes
3374 and the weapon does not fire a dart or projectile;
3375 14. The inside of the passenger terminal and sterile area
3376 of any airport, provided that no person shall be prohibited from
3377 carrying any legal firearm into the terminal, which firearm is
3378 encased for shipment for purposes of checking such firearm as
3379 baggage to be lawfully transported on any aircraft; or
3380 15. Any place where the carrying of firearms is prohibited
3381 by federal law.
3382 Section 93. Subsection (7) of section 916.107, Florida
3383 Statutes, is amended to read:
3384 916.107 Rights of forensic clients.—
3385 (7) VOTING IN PUBLIC ELECTIONS.—A forensic client who is
3386 eligible to vote according to the laws of the state has the
3387 right to vote in the primary and general elections. The
3388 department and agency shall establish rules to enable clients to
3389 obtain voter registration forms, applications for vote-by-mail
3390 ballots, and vote-by-mail ballots.
3391 Section 94. This act shall take effect January 1, 2021.
