Florida Senate - 2013                              CS for SB 600
       
       
       
       By the Committee on Ethics and Elections; and Senator Latvala
       
       
       
       
       582-02595A-13                                          2013600c1
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 97.0555,
    3         F.S.; revising qualifications for late voter
    4         registration; creating s. 100.032, F.S.; requiring
    5         supervisors of elections to submit a report to the
    6         Secretary of State at least 3 months before a general
    7         election; specifying the content of the report;
    8         amending s. 100.061, F.S.; decreasing the time period
    9         between a primary election and a general election;
   10         amending s. 101.161, F.S.; providing a limitation on
   11         the number of words for certain ballot summaries in
   12         joint resolutions proposed by the Legislature;
   13         deleting a provision providing that a ballot statement
   14         consisting of the full text of a constitutional
   15         amendment or revision is presumed to be a clear and
   16         unambiguous statement; amending s. 101.5605, F.S.;
   17         requiring a person to provide the name, mailing
   18         address, and telephone number of a registered agent of
   19         a voting systems vendor to the Department of State
   20         under certain circumstances; providing that proof of
   21         delivery or attempt to deliver constitutes valid
   22         notice; creating s. 101.56065, F.S.; providing a
   23         definition for the term “defect”; requiring any person
   24         who submitted a voting system to the department for
   25         approval or sold or leased any approved voting system
   26         to file a disclosure with the department; providing
   27         requirements for the disclosure; authorizing the
   28         department to suspend all sales or leases or use in an
   29         election of a defective voting system; providing
   30         procedures for the suspension of voting systems;
   31         authorizing the department to withdraw approval of
   32         voting systems under certain circumstances;
   33         authorizing the department to initiate an
   34         investigation of a defective voting system;
   35         establishing procedures and requirements of
   36         investigations; providing a penalty; repealing s.
   37         101.56075(4), F.S., relating to the requirement that
   38         all voting systems used by voters in a state election
   39         allow placement of the full text of a constitutional
   40         amendment or revision containing stricken or
   41         underlined text by a specified date; amending s.
   42         101.591, F.S.; authorizing use of automated,
   43         independent audits of voting systems; providing audit
   44         requirements; requiring the Division of Elections to
   45         adopt rules; amending s. 101.62, F.S.; revising the
   46         requirements for a valid absentee ballot request;
   47         requiring the supervisor to record the absence of the
   48         voter’s signature on the voter’s certificate under
   49         specified circumstances; prohibiting the supervisor
   50         from providing an absentee ballot on the day of an
   51         election under certain circumstances; requiring a
   52         person who requests an absentee ballot to complete an
   53         affidavit under certain circumstances; amending s.
   54         101.64, F.S.; revising the requirements for a voter’s
   55         certificate; amending s. 101.65, F.S.; revising the
   56         instructions to absent electors; amending s. 101.657,
   57         F.S.; revising the list of permissible sites available
   58         for early voting; requiring each county to operate at
   59         least the same number of early voting sites as used
   60         for the 2012 general election; revising the number of
   61         days and hours for early voting; amending s. 101.67,
   62         F.S.; conforming a provision to changes made by the
   63         act; amending s. 101.68, F.S., and reenacting
   64         subsection (2), relating to the canvassing of absentee
   65         ballots; authorizing the supervisor to use the
   66         elector’s signature in a precinct register to compare
   67         with the elector’s signature on the voter’s
   68         certificate; providing that an absentee ballot must
   69         clearly identify the name of the witness in order to
   70         be considered legal; requiring the supervisor to
   71         provide the elector with the specific reason his or
   72         her ballot was rejected; requiring the supervisor to
   73         allow electors to complete an affidavit to cure an
   74         unsigned absentee ballot prior to canvassing;
   75         providing the form and contents of the affidavit;
   76         providing instructions to accompany each absentee
   77         ballot affidavit; requiring the affidavit,
   78         instructions, and the supervisor’s office mailing
   79         address to be posted on certain websites; requiring
   80         the supervisor to attach a received affidavit to the
   81         appropriate absentee ballot mailing envelope; amending
   82         s. 101.6921, F.S.; revising the voter’s certificate
   83         accompanying a special absentee ballot; amending s.
   84         101.6923, F.S.; revising special absentee ballot
   85         instructions; amending s. 101.6952, F.S.; providing
   86         that absentee ballots received from overseas voters in
   87         certain elections may be received up to 10 days after
   88         the date of the election; amending s. 102.031, F.S.;
   89         revising restrictions relating to the solicitation of
   90         voters; amending s. 102.141, F.S.; revising methods of
   91         selecting canvassing board members; requiring a
   92         supervisor to upload certain canvassed election
   93         results into a county’s election management system
   94         prior to the election; prohibiting public disclosure
   95         of uploaded results before the close of the polls on
   96         election day; amending s. 104.0616, F.S.; providing a
   97         definition for the term “immediate family”;
   98         prohibiting possession of more than two absentee
   99         ballots under certain circumstances; providing an
  100         effective date.
  101  
  102  Be It Enacted by the Legislature of the State of Florida:
  103  
  104         Section 1. Section 97.0555, Florida Statutes, is amended to
  105  read:
  106         97.0555 Late registration.—An individual or accompanying
  107  family member who has been discharged or separated from the
  108  uniformed services or the United States Merchant Marine, has
  109  returned from a combat zone or forward-deployed area, or has
  110  separated from employment outside the territorial limits of the
  111  United States, after the book-closing date for an election
  112  pursuant to s. 97.055 and who is otherwise qualified may
  113  register to vote in such election until 5 p.m. on the Friday
  114  before that election in the office of the supervisor of
  115  elections. Such persons must produce sufficient documentation
  116  showing evidence of qualifying for late registration pursuant to
  117  this section.
  118         Section 2. Section 100.032, Florida Statutes, is created to
  119  read:
  120         100.032Election preparation report; general election.—Each
  121  supervisor of elections must submit a report to the Secretary of
  122  State at least 3 months before a general election which outlines
  123  preparations for the upcoming general election. The report must
  124  include, at a minimum, the following elements: the anticipated
  125  staffing levels during the early voting period, on election day,
  126  and after election day; and the anticipated amount of automatic
  127  tabulating equipment at each early voting site and polling
  128  place.
  129         Section 3. Section 100.061, Florida Statutes, is amended to
  130  read:
  131         100.061 Primary election.—In each year in which a general
  132  election is held, a primary election for nomination of
  133  candidates of political parties shall be held on the Tuesday 10
  134  12 weeks prior to the general election. The candidate receiving
  135  the highest number of votes cast in each contest in the primary
  136  election shall be declared nominated for such office. If two or
  137  more candidates receive an equal and highest number of votes for
  138  the same office, such candidates shall draw lots to determine
  139  which candidate is nominated.
  140         Section 4. Subsection (3) of section 101.161, Florida
  141  Statutes, is amended to read:
  142         101.161 Referenda; ballots.—
  143         (3)(a) Each joint resolution that proposes a constitutional
  144  amendment or revision shall include one or more ballot
  145  statements set forth in order of priority. Each ballot statement
  146  shall consist of a ballot title, by which the measure is
  147  commonly referred to or spoken of, not exceeding 15 words in
  148  length, and either a ballot summary that describes the chief
  149  purpose of the amendment or revision in clear and unambiguous
  150  language, or the full text of the amendment or revision. If a
  151  joint resolution that proposes a constitutional amendment or
  152  revision contains only one ballot statement, the ballot summary
  153  may not exceed 75 words in length. If a joint resolution that
  154  proposes a constitutional amendment or revision contains more
  155  than one ballot statement, the first ballot summary, in order of
  156  priority, may not exceed 75 words in length.
  157         (b) The Department of State shall furnish a designating
  158  number pursuant to subsection (2) and the appropriate ballot
  159  statement to the supervisor of elections of each county. The
  160  ballot statement shall be printed on the ballot after the list
  161  of candidates, followed by the word “yes” and also by the word
  162  “no,” and shall be styled in such a manner that a “yes” vote
  163  will indicate approval of the amendment or revision and a “no”
  164  vote will indicate rejection.
  165         (c)(b)1. Any action for a judicial determination that one
  166  or more ballot statements embodied in a joint resolution are
  167  defective must be commenced by filing a complaint or petition
  168  with the appropriate court within 30 days after the joint
  169  resolution is filed with the Secretary of State. The complaint
  170  or petition shall assert all grounds for challenge to each
  171  ballot statement. Any ground not asserted within 30 days after
  172  the joint resolution is filed with the Secretary of State is
  173  waived.
  174         2. The court, including any appellate court, shall accord
  175  an action described in subparagraph 1. priority over other
  176  pending cases and render a decision as expeditiously as
  177  possible. If the court finds that all ballot statements embodied
  178  in a joint resolution are defective and further appeals are
  179  declined, abandoned, or exhausted, unless otherwise provided in
  180  the joint resolution, the Attorney General shall, within 10
  181  days, prepare and submit to the Department of State a revised
  182  ballot title or ballot summary that corrects the deficiencies
  183  identified by the court, and the Department of State shall
  184  furnish a designating number and the revised ballot title or
  185  ballot summary to the supervisor of elections of each county for
  186  placement on the ballot. The revised ballot summary may exceed
  187  75 words in length. The court shall retain jurisdiction over
  188  challenges to a revised ballot title or ballot summary prepared
  189  by the Attorney General, and any challenge to a revised ballot
  190  title or ballot summary must be filed within 10 days after a
  191  revised ballot title or ballot summary is submitted to the
  192  Department of State.
  193         3. A ballot statement that consists of the full text of an
  194  amendment or revision shall be presumed to be a clear and
  195  unambiguous statement of the substance and effect of the
  196  amendment or revision, providing fair notice to the electors of
  197  the content of the amendment or revision and sufficiently
  198  advising electors of the issue upon which they are to vote.
  199         Section 5. Subsection (3) of section 101.5605, Florida
  200  Statutes, is amended to read:
  201         101.5605 Examination and approval of equipment.—
  202         (3)(a) Before the Department of State approves the
  203  electronic or electromechanical voting system, the person who
  204  submitted it for examination shall provide the department with
  205  the name, mailing address, and telephone number of a registered
  206  agent, which agent must have and continuously maintain an office
  207  in this state. Any change in the name, address, or telephone
  208  number of the registered agent shall promptly be made known to
  209  the department.
  210         (b) Before entering into a contract for the sale or lease
  211  of a voting system approved under this section to any county,
  212  the person entering into such contract shall provide the
  213  department with the name, mailing address, and telephone number
  214  of a registered agent, which agent must have and continuously
  215  maintain an office in this state. Any change in the name,
  216  address, or telephone number of the registered agent shall
  217  promptly be made known to the department.
  218         (c) The department’s proof of delivery or attempted
  219  delivery to the last mailing address of the registered agent on
  220  file with the department at the time of delivery or attempted
  221  delivery is valid for all notice purposes.
  222         (d) Within 30 days after completing the examination and
  223  upon approval of any electronic or electromechanical voting
  224  system, the Department of State shall make and maintain a report
  225  on the system, together with a written or printed description
  226  and drawings and photographs clearly identifying the system and
  227  the operation thereof. As soon as practicable after such filing,
  228  the department shall send a notice of certification and, upon
  229  request, a copy of the report to the governing bodies of the
  230  respective counties of the state. Any voting system that does
  231  not receive the approval of the department may shall not be
  232  adopted for or used at any election.
  233         (e)(b) After a voting system has been approved by the
  234  Department of State, any change or improvement in the system is
  235  required to be approved by the department prior to the adoption
  236  of such change or improvement by any county. If any such change
  237  or improvement does not comply with the requirements of this
  238  act, the department shall suspend all sales of the equipment or
  239  system in the state until the equipment or system complies with
  240  the requirements of this act.
  241         Section 6. Section 101.56065, Florida Statutes, is created
  242  to read:
  243         101.56065Voting system defects; disclosure;
  244  investigations; penalties.—
  245         (1) For purposes of this section, the term “defect” means:
  246         (a) Any failure, fault, or flaw in an electronic or
  247  electromechanical voting system approved pursuant to s. 101.5605
  248  which results in nonconformance with the standards under which
  249  the voting system was approved in a manner that affects the
  250  accuracy of the casting or counting of ballots; or
  251         (b) Any failure or inability of the voting system
  252  manufacturer or vendor to make available hardware or software to
  253  the counties that have purchased the approved voting system, the
  254  unavailability of which results in the system’s nonconformance
  255  with the standards under which the voting system was approved in
  256  a manner that affects the accuracy of the casting or counting of
  257  ballots.
  258         (2)(a) Any person who submits a voting system for approval
  259  by the Department of State in accordance with s. 101.5605 which
  260  was approved by the department prior to the effective date of
  261  this section, and any person who has sold or leased to a county
  262  any voting system approved by the department prior to the
  263  effective date of this section, shall file with the department a
  264  disclosure of any defect in the voting system. If there are no
  265  defects in the voting system, the person shall state in the
  266  disclosure that no defects exist in the voting system.
  267         (b) The disclosure required under this subsection must
  268  identify the defect, if any, the effect of the defect on the
  269  operation and use of the approved voting system, and any known
  270  corrective measures that users of the voting system may take to
  271  cure the defect, including, but not limited to, advisories and
  272  bulletins issued to users of the system. Implementation of
  273  corrective measures approved by the department which enable a
  274  system to conform to the standards under which the system was
  275  approved and ensure the accuracy of the casting and counting of
  276  ballots constitutes a cure of a defect.
  277         (c) Each person required to file a disclosure or statement
  278  under paragraph (a) shall file it no later than January 1, 2014,
  279  and, thereafter, shall file it no later than January 1 of every
  280  odd-numbered year. The disclosure or statement required to be
  281  filed by January 1, 2014, must include information regarding the
  282  filer’s registered agent as provided in s. 101.5605(3).
  283         (d) If at any time a person who has submitted a voting
  284  system for approval by the department in accordance with s.
  285  101.5605 or any person who has sold or leased to a county any
  286  voting system approved by the department becomes aware of the
  287  existence of a defect in a system that person has submitted for
  288  approval or sold or leased to a county, that person shall file
  289  with the department a disclosure of the defect within 30 days
  290  after a determination by that person that the defect exists.
  291         (e) If a person discloses to the department that a defect
  292  exists in a voting system, the department may suspend all sales
  293  or leases of the voting system in the state and may suspend the
  294  use of the system in any elections in the state. The department
  295  shall provide written notice of any such suspension to the
  296  supervisor of elections in each county in which use of the
  297  voting system is suspended. If the department at any time
  298  determines that the defect no longer exists, the department may
  299  lift the suspension. The department shall provide written notice
  300  that the suspension has been lifted to the supervisor of
  301  elections in each county in which use of the voting system was
  302  suspended.
  303         (f) If no person files a required disclosure for a voting
  304  system previously approved by the department, that system may
  305  not be approved for sale or lease in the state or for use in
  306  elections in the state. The department shall provide written
  307  notice to all supervisors of elections that the system is no
  308  longer approved. After approval of a system has been withdrawn
  309  pursuant to this paragraph, no such system may be sold or leased
  310  or used in any election in the state until it has been submitted
  311  for examination and approval and adopted for use pursuant to s.
  312  101.5605.
  313         (3)(a) When the department has reasonable cause to believe
  314  a voting system approved pursuant to s. 101.5605 contains a
  315  defect either before, during, or after an election which has not
  316  been disclosed pursuant to subsection (2), the department may
  317  investigate whether the voting system has a defect.
  318         (b) The department may initiate an investigation pursuant
  319  to paragraph (a) on its own initiative or upon the written
  320  request of the supervisor of elections of a county that
  321  purchased or leased a voting system which contains the alleged
  322  defect.
  323         (c) Upon initiating an investigation, the department shall
  324  provide written notice to any person who submitted the voting
  325  system for approval by the department in accordance with s.
  326  101.5605, any person who has entered into a contract with any
  327  county for the sale or lease of the voting system to any county,
  328  and all of the supervisors of elections.
  329         (d) In order to carry out the responsibilities prescribed
  330  by this section, the department is empowered to subpoena and
  331  bring before its duly authorized representatives any person in
  332  the state or doing business in the state, or any person who has
  333  filed or is required to have filed any application, document,
  334  papers, or other information with an office or agency of this
  335  state or a political subdivision thereof, to require the
  336  production of papers, books, or other records relevant to any
  337  investigation. Duly authorized representatives of the department
  338  are empowered to administer all oaths and affirmations in the
  339  manner prescribed by law to witnesses who appear before them
  340  concerning any relevant matter of the investigation. Should any
  341  witness fail to respond to the lawful subpoena of the department
  342  or fail to answer all lawful inquiries or to turn over evidence
  343  that has been subpoenaed, the department may file a complaint
  344  before any circuit court of the state, upon the filing of which
  345  the court shall take jurisdiction of the witness and the subject
  346  matter of said complaint and shall direct the witness to respond
  347  to all lawful questions and to produce all documentary evidence
  348  in the witness’s possession which is lawfully demanded. The
  349  failure of any witness to comply with such order of the court
  350  constitutes a direct and criminal contempt of court, and the
  351  court shall punish said witness accordingly.
  352         (e) The department shall prepare a written report of any
  353  investigation conducted pursuant to this section.
  354         (4)(a) If the department determines by a preponderance of
  355  evidence that a defect exists in the voting system, the
  356  department shall provide written notice to any person who
  357  submitted the voting system for approval by the department in
  358  accordance with s. 101.5605 and any person who entered into a
  359  contract for the sale or lease of the voting system to any
  360  county in which the system contains the defect.
  361         (b) A person entitled to receive notice pursuant to
  362  paragraph (a) shall, within 10 days, file a written response to
  363  the department which:
  364         1. Denies that the alleged defect exists or existed as
  365  alleged by the department and sets forth the reasons for such
  366  denial; or
  367         2. Admits that the defect exists or existed as alleged by
  368  the department.
  369         (c) If the defect has been cured, the person shall provide
  370  an explanation of how the defect was cured.
  371         (d) If the defect has not been cured, the person shall
  372  inform the department whether the defect can be cured and may
  373  provide to the department a plan for curing the defect. If the
  374  defect can be cured, the department shall establish a timeframe
  375  within which the defect must be cured, and may consult the
  376  person filing the response before establishing this timeframe.
  377         (5) If after receiving a response from a person entitled to
  378  notice, the department determines that a defect does not exist
  379  or has been cured within the timeframe established by the
  380  department, the department shall take no further action.
  381         (6)If the department determines that a defect exists and a
  382  person entitled to notice has not filed a written response or
  383  has failed to cure a defect within the timeframe established by
  384  the department, or if the defect cannot be cured, the department
  385  shall impose a civil penalty of $25,000 for the defect plus an
  386  amount equal to the actual costs incurred by the department in
  387  conducting the investigation against:
  388         (a) Any person who submitted the voting system for approval
  389  by the department in accordance with s. 101.5605.
  390         (b) Any person who entered into a contract with any county
  391  for the sale or lease of the voting system to any county in
  392  which the defect existed.
  393         (7) If the department finds that a defect existed:
  394         (a)The department may suspend all sales and leases of the
  395  voting system that is the subject of the investigation and may
  396  suspend its use in any county in the state. The department shall
  397  provide written notice of the suspension to the supervisor of
  398  elections in each county in which use of the voting system is
  399  suspended.
  400         (b) If the department determines that a defect no longer
  401  exists in a voting system that has been suspended from use
  402  pursuant to paragraph (a), the department may lift the
  403  suspension and authorize the sale, lease, and use of the voting
  404  system in any election in the state. The department shall
  405  provide written notice that the suspension has been lifted and
  406  the voting system is authorized for sale and lease and use in
  407  elections to the supervisor of elections in each county in which
  408  use of the voting system was suspended.
  409         (c) If the defect cannot be cured, the department may
  410  disapprove the voting system for use in elections in the state.
  411  The department shall provide written notice to all supervisors
  412  of elections that the system is no longer approved. After
  413  approval of a system has been withdrawn pursuant to this
  414  paragraph, the system may not be sold, leased, or used in
  415  elections in the state until it has been submitted for
  416  examination and approval and adopted for use pursuant to s.
  417  101.5605.
  418         (d) Any person against whom a civil penalty was imposed
  419  under this section may not enter into a contract for sale or
  420  lease of a voting system in the state until the civil penalties
  421  have been paid and the department provides written confirmation
  422  to the supervisors of elections of the payment.
  423         (8) The authority of the department under this section is
  424  in addition to, and not exclusive of, any other authority
  425  provided by law.
  426         (9) All proceedings under this section are exempt from
  427  chapter 120.
  428         Section 7. Subsection (4) of section 101.56075, Florida
  429  Statutes, is repealed.
  430         Section 8. Subsections (1) and (2) of section 101.591,
  431  Florida Statutes, are amended, and subsection (4) of that
  432  section is republished, to read:
  433         101.591 Voting system audit.—
  434         (1) Immediately following the certification of each
  435  election, the county canvassing board or the local board
  436  responsible for certifying the election shall conduct a manual
  437  audit or an automated, independent audit of the voting systems
  438  used in randomly selected precincts.
  439         (2)(a)A manual The audit shall consist of a public manual
  440  tally of the votes cast in one randomly selected race that
  441  appears on the ballot. The tally sheet shall include election
  442  day, absentee, early voting, provisional, and overseas ballots,
  443  in at least 1 percent but no more than 2 percent of the
  444  precincts chosen at random by the county canvassing board or the
  445  local board responsible for certifying the election. If 1
  446  percent of the precincts is less than one entire precinct, the
  447  audit shall be conducted using at least one precinct chosen at
  448  random by the county canvassing board or the local board
  449  responsible for certifying the election. Such precincts shall be
  450  selected at a publicly noticed canvassing board meeting.
  451         (b) An automated audit shall consist of a public automated
  452  tally of the votes cast across every race that appears on the
  453  ballot. The tally sheet shall include election day, absentee,
  454  early voting, provisional, and overseas ballots in at least 20
  455  percent of the precincts chosen at random by the county
  456  canvassing board or the local board responsible for certifying
  457  the election. Such precincts shall be selected at a publicly
  458  noticed canvassing board meeting.
  459         (c) The division shall adopt rules for approval of an
  460  independent audit system which provide that the system, at a
  461  minimum, must be:
  462         1. Completely independent of the primary voting system.
  463         2. Fast enough to produce final audit results within the
  464  timeframe prescribed in subsection (4).
  465         3. Capable of demonstrating that the ballots of record have
  466  been accurately adjudicated by the audit system.
  467         (4) The audit must be completed and the results made public
  468  no later than 11:59 p.m. on the 7th day following certification
  469  of the election by the county canvassing board or the local
  470  board responsible for certifying the election.
  471         Section 9. Subsections (1) and (3) and paragraph (c) of
  472  subsection (4) of section 101.62, Florida Statutes, are amended
  473  to read:
  474         101.62 Request for absentee ballots.—
  475         (1)(a) The supervisor shall accept a request for an
  476  absentee ballot from an elector in person or in writing. One
  477  request shall be deemed sufficient to receive an absentee ballot
  478  for all elections through the end of the calendar year of the
  479  second ensuing regularly scheduled general election, unless the
  480  elector or the elector’s designee indicates at the time the
  481  request is made the elections for which the elector desires to
  482  receive an absentee ballot. Such request may be considered
  483  canceled when any first-class mail sent by the supervisor to the
  484  elector is returned as undeliverable.
  485         (b) The supervisor may accept a written or telephonic
  486  request for an absentee ballot to be mailed to an elector’s
  487  address on file in the Florida Voter Registration System from
  488  the elector, or, if directly instructed by the elector, a member
  489  of the elector’s immediate family, or the elector’s legal
  490  guardian; if the ballot is requested to be mailed to an address
  491  other than the elector’s address on file in the Florida Voter
  492  Registration System, the request must be made in writing and
  493  signed by the elector. For purposes of this section, the term
  494  “immediate family” has the same meaning as specified in
  495  paragraph (4)(c). The person making the request must disclose:
  496         1. The name of the elector for whom the ballot is
  497  requested.
  498         2. The elector’s address.
  499         3. The elector’s date of birth.
  500         4. The requester’s name.
  501         5. The requester’s address.
  502         6. The requester’s driver’s license number, if available.
  503         7. The requester’s relationship to the elector.
  504         8. The requester’s signature (written requests only).
  505         (c) Upon receiving a request for an absentee ballot from an
  506  absent voter, the supervisor of elections shall notify the voter
  507  of the free access system that has been designated by the
  508  department for determining the status of his or her absentee
  509  ballot.
  510         (3) For each request for an absentee ballot received, the
  511  supervisor shall record the date the request was made, the date
  512  the absentee ballot was delivered to the voter or the voter’s
  513  designee or the date the absentee ballot was delivered to the
  514  post office or other carrier, the date the ballot was received
  515  by the supervisor, the absence of the voter’s signature on the
  516  voter’s certificate, if applicable, and such other information
  517  he or she may deem necessary. This information shall be provided
  518  in electronic format as provided by rule adopted by the
  519  division. The information shall be updated and made available no
  520  later than 8 a.m. of each day, including weekends, beginning 60
  521  days before the primary until 15 days after the general election
  522  and shall be contemporaneously provided to the division. This
  523  information shall be confidential and exempt from the provisions
  524  of s. 119.07(1) and shall be made available to or reproduced
  525  only for the voter requesting the ballot, a canvassing board, an
  526  election official, a political party or official thereof, a
  527  candidate who has filed qualification papers and is opposed in
  528  an upcoming election, and registered political committees or
  529  registered committees of continuous existence, for political
  530  purposes only.
  531         (4)
  532         (c) The supervisor shall provide an absentee ballot to each
  533  elector by whom a request for that ballot has been made by one
  534  of the following means:
  535         1. By nonforwardable, return-if-undeliverable mail to the
  536  elector’s current mailing address on file with the supervisor or
  537  any other address the elector specifies in the request.
  538         2. By forwardable mail, e-mail, or facsimile machine
  539  transmission to absent uniformed services voters and overseas
  540  voters. The absent uniformed services voter or overseas voter
  541  may designate in the absentee ballot request the preferred
  542  method of transmission. If the voter does not designate the
  543  method of transmission, the absentee ballot shall be mailed.
  544         3. By personal delivery before 7 p.m. on election day to
  545  the elector, upon presentation of the identification required in
  546  s. 101.043.
  547         4. By delivery to a designee on election day or up to 5
  548  days prior to the day of an election. Any elector may designate
  549  in writing a person to pick up the ballot for the elector;
  550  however, the person designated may not pick up more than two
  551  absentee ballots per election, other than the designee’s own
  552  ballot, except that additional ballots may be picked up for
  553  members of the designee’s immediate family. For purposes of this
  554  section, “immediate family” means the designee’s spouse or the
  555  parent, child, grandparent, or sibling of the designee or of the
  556  designee’s spouse. The designee shall provide to the supervisor
  557  the written authorization by the elector and a picture
  558  identification of the designee and must complete an affidavit.
  559  The designee shall state in the affidavit that the designee is
  560  authorized by the elector to pick up that ballot and shall
  561  indicate if the elector is a member of the designee’s immediate
  562  family and, if so, the relationship. The department shall
  563  prescribe the form of the affidavit. If the supervisor is
  564  satisfied that the designee is authorized to pick up the ballot
  565  and that the signature of the elector on the written
  566  authorization matches the signature of the elector on file, the
  567  supervisor shall give the ballot to that designee for delivery
  568  to the elector.
  569         5. Except as provided in s. 101.655, the supervisor may not
  570  deliver an absentee ballot to an elector or an elector’s
  571  immediate family member on the day of the election unless there
  572  is an emergency, to the extent that the elector will be unable
  573  to go to his or her assigned polling place. If an absentee
  574  ballot is delivered, the elector or his or her designee shall
  575  execute an affidavit affirming to the facts which allow for
  576  delivery of the absentee ballot. The department shall adopt a
  577  rule providing for the form of the affidavit.
  578         Section 10. Subsections (1) through (3) of section 101.64,
  579  Florida Statutes, are amended to read:
  580         101.64 Delivery of absentee ballots; envelopes; form.—
  581         (1) The supervisor shall enclose with each absentee ballot
  582  two envelopes: a secrecy envelope, into which the absent elector
  583  shall enclose his or her marked ballot; and a mailing envelope,
  584  into which the absent elector shall then place the secrecy
  585  envelope, which shall be addressed to the supervisor and also
  586  bear on the back side a certificate in substantially the
  587  following form:
  588  
  589           Note: Please Read Instructions Carefully Before         
  590         Marking Ballot and Completing Voter’s Certificate.        
  591  
  592                         VOTER’S CERTIFICATE                       
  593         I, ...., do solemnly swear or affirm that I am a qualified
  594  and registered voter of .... County, Florida, and that I have
  595  not and will not vote more than one ballot in this election. I
  596  understand that if I commit or attempt to commit any fraud in
  597  connection with voting, vote a fraudulent ballot, or vote more
  598  than once in an election, I can be convicted of a felony of the
  599  third degree and fined up to $5,000 and/or imprisoned for up to
  600  5 years. I also understand that failure to sign this certificate
  601  will invalidate my ballot.
  602  
  603  ...(Date)...                           ...(Voter’s Signature)...
  604  
  605  Note: Your Signature Must Be Witnessed by One Witness 18 Years
  606  of Age or Older as Provided in the Instruction Sheet.
  607  
  608  I swear or affirm that the voter signed this Voter’s Certificate
  609  in my presence.
  610  
  611  ...(Signature of Witness)...
  612  
  613  ...(Printed Name of Witness)...
  614  
  615  ...(Date)...
  616  ...(Address)...
  617  
  618         (2) The certificate shall be arranged on the back of the
  619  mailing envelope so that the line for the signature of the
  620  absent elector is across the seal of the envelope; however, no
  621  statement shall appear on the envelope which indicates that a
  622  signature of the voter must cross the seal of the envelope. The
  623  absent elector and the attesting witness shall execute the
  624  certificate on the envelope. A candidate may not serve as an
  625  attesting witness.
  626         (3) In lieu of the voter’s certificate provided in this
  627  section, the supervisor of elections shall provide each person
  628  voting absentee under the Uniformed and Overseas Citizens
  629  Absentee Voting Act with the standard oath prescribed by the
  630  presidential designee with an appended section in substantially
  631  the following form:.
  632  
  633  Witness signature and date:
  634  
  635  ...(Signature of Witness)...
  636  
  637  ...(Printed Name of Witness)...
  638  
  639  ...(Address)...
  640  ...(Date)...
  641         Section 11. Section 101.65, Florida Statutes, is amended to
  642  read:
  643         101.65 Instructions to absent electors.—The supervisor
  644  shall enclose with each absentee ballot separate printed
  645  instructions in substantially the following form:
  646  
  647         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
  648         1. VERY IMPORTANT. In order to ensure that your absentee
  649  ballot will be counted, it should be completed and returned as
  650  soon as possible so that it can reach the supervisor of
  651  elections of the county in which your precinct is located no
  652  later than 7 p.m. on the day of the election. However, if you
  653  are an overseas voter casting a ballot in a presidential
  654  preference primary or general election, your absentee ballot
  655  must be postmarked or signed and dated no later than the date of
  656  the election and received by the supervisor of elections of the
  657  county in which you are registered to vote no later than 10 days
  658  after the date of the election.
  659         2. Mark your ballot in secret as instructed on the ballot.
  660  You must mark your own ballot unless you are unable to do so
  661  because of blindness, disability, or inability to read or write.
  662         3. Mark only the number of candidates or issue choices for
  663  a race as indicated on the ballot. If you are allowed to “Vote
  664  for One” candidate and you vote for more than one candidate,
  665  your vote in that race will not be counted.
  666         4. Place your marked ballot in the enclosed secrecy
  667  envelope.
  668         5. Insert the secrecy envelope into the enclosed mailing
  669  envelope which is addressed to the supervisor.
  670         6. Seal the mailing envelope and completely fill out the
  671  Voter’s Certificate on the back of the mailing envelope.
  672         7. VERY IMPORTANT. In order for your absentee ballot to be
  673  counted, you must sign your name on the line above (Voter’s
  674  Signature). An absentee ballot will be considered illegal and
  675  not be counted if the signature on the voter’s certificate does
  676  not match the signature on record. The signature on file at the
  677  start of the canvass of the absentee ballots is the signature
  678  that will be used to verify your signature on the voter’s
  679  certificate. If you need to update your signature for this
  680  election, send your signature update on a voter registration
  681  application to your supervisor of elections so that it is
  682  received no later than the start of the canvassing of absentee
  683  ballots, which occurs no earlier than the 15th day before
  684  election day.
  685         8. VERY IMPORTANT. In order for your absentee ballot to be
  686  counted, it must include the signature and legible address of an
  687  attesting witness 18 years of age or older affixed to the
  688  Voter’s Certificate. If the signature is illegible, the Voter’s
  689  Certificate must also include a readable printed name of the
  690  attesting witness. A candidate may not serve as an attesting
  691  witness.
  692         9.8. VERY IMPORTANT. If you are an overseas voter, you must
  693  include the date you signed the Voter’s Certificate on the line
  694  above (Date) or your ballot may not be counted.
  695         10.9. Mail, deliver, or have delivered the completed
  696  mailing envelope. Be sure there is sufficient postage if mailed.
  697         11.10. FELONY NOTICE. It is a felony under Florida law to
  698  accept any gift, payment, or gratuity in exchange for your vote
  699  for a candidate. It is also a felony under Florida law to vote
  700  in an election using a false identity or false address, or under
  701  any other circumstances making your ballot false or fraudulent.
  702         Section 12. Paragraphs (a) and (d) of subsection (1) of
  703  section 101.657, Florida Statutes, are amended to read:
  704         101.657 Early voting.—
  705         (1)(a) As a convenience to the voter, the supervisor of
  706  elections shall allow an elector to vote early in the main or
  707  branch office of the supervisor. The supervisor shall mark,
  708  code, indicate on, or otherwise track the voter’s precinct for
  709  each early voted ballot. In order for a branch office to be used
  710  for early voting, it shall be a permanent facility of the
  711  supervisor and shall have been designated and used as such for
  712  at least 1 year prior to the election. The supervisor may also
  713  designate any city hall, or permanent public library facility,
  714  fairground, civic center, courthouse, county commission
  715  building, stadium, convention center, government-owned senior
  716  center, or government-owned community center as early voting
  717  sites; however, if so designated, the sites must be
  718  geographically located so as to provide all voters in the county
  719  an equal opportunity to cast a ballot, insofar as is
  720  practicable. If a supervisor is unable to provide an early
  721  voting site in an area of the county due to the nonexistence of
  722  any of the designated locations, the supervisor may designate
  723  one early voting site that is geographically located to provide
  724  all voters an equal opportunity to vote early in that area. Each
  725  county shall, at a minimum, operate the same total number of
  726  early voting sites that the county used for the 2012 general
  727  election. The results or tabulation of votes cast during early
  728  voting may not be made before the close of the polls on election
  729  day. Results shall be reported by precinct.
  730         (d) Early voting shall begin on the 10th day before an
  731  election that contains state or federal races and end on the 3rd
  732  day before the election, and shall be provided for no less than
  733  8 6 hours and no more than 12 hours per day at each site during
  734  the applicable period. In addition, early voting may be offered
  735  at the discretion of the supervisor of elections on the 15th,
  736  14th, 13th, 12th, 11th, or 2nd day before an election that
  737  contains state or federal races for at least 8 hours per day,
  738  but not more than 12 hours per day. The supervisor of elections
  739  may provide early voting for elections that are not held in
  740  conjunction with a state or federal election. However, the
  741  supervisor has the discretion to determine the hours of
  742  operation of early voting sites in those elections.
  743         Section 13. Subsection (2) of section 101.67, Florida
  744  Statutes, is amended to read:
  745         101.67 Safekeeping of mailed ballots; deadline for
  746  receiving absentee ballots.—
  747         (2) Except as provided in s. 101.6952(5), all marked absent
  748  electors’ ballots to be counted must be received by the
  749  supervisor by 7 p.m. the day of the election. All ballots
  750  received thereafter shall be marked with the time and date of
  751  receipt and filed in the supervisor’s office.
  752         Section 14. Subsections (1) and (4) of section 101.68,
  753  Florida Statutes, are amended, and subsection (2) of that
  754  section is reenacted and amended, to read:
  755         101.68 Canvassing of absentee ballot.—
  756         (1) The supervisor of the county where the absent elector
  757  resides shall receive the voted ballot, at which time the
  758  supervisor shall compare the signature of the elector on the
  759  voter’s certificate with the signature of the elector in the
  760  registration books or the precinct register to determine whether
  761  the elector is duly registered in the county and may record on
  762  the elector’s registration certificate that the elector has
  763  voted. However, effective July 1, 2005, an elector who dies
  764  after casting an absentee ballot but on or before election day
  765  shall remain listed in the registration books until the results
  766  have been certified for the election in which the ballot was
  767  cast. The supervisor shall safely keep the ballot unopened in
  768  his or her office until the county canvassing board canvasses
  769  the vote. Except as provided in subsection (4), after an
  770  absentee ballot is received by the supervisor, the ballot is
  771  deemed to have been cast, and changes or additions may not be
  772  made to the voter’s certificate.
  773         (2)(a) The county canvassing board may begin the canvassing
  774  of absentee ballots at 7 a.m. on the 15th day before the
  775  election, but not later than noon on the day following the
  776  election. In addition, for any county using electronic
  777  tabulating equipment, the processing of absentee ballots through
  778  such tabulating equipment may begin at 7 a.m. on the 15th day
  779  before the election. However, notwithstanding any such
  780  authorization to begin canvassing or otherwise processing
  781  absentee ballots early, no result shall be released until after
  782  the closing of the polls in that county on election day. Any
  783  supervisor of elections, deputy supervisor of elections,
  784  canvassing board member, election board member, or election
  785  employee who releases the results of a canvassing or processing
  786  of absentee ballots prior to the closing of the polls in that
  787  county on election day commits a felony of the third degree,
  788  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  789         (b) To ensure that all absentee ballots to be counted by
  790  the canvassing board are accounted for, the canvassing board
  791  shall compare the number of ballots in its possession with the
  792  number of requests for ballots received to be counted according
  793  to the supervisor’s file or list.
  794         (c)1. The canvassing board shall, if the supervisor has not
  795  already done so, compare the signature of the elector on the
  796  voter’s certificate or on the absentee ballot affidavit as
  797  provided in subsection (4) with the signature of the elector in
  798  the registration books or the precinct register to see that the
  799  elector is duly registered in the county and to determine the
  800  legality of that absentee ballot. The ballot of an elector who
  801  casts an absentee ballot shall be counted even if the elector
  802  dies on or before election day, as long as, prior to the death
  803  of the voter, the ballot was postmarked by the United States
  804  Postal Service, date-stamped with a verifiable tracking number
  805  by common carrier, or already in the possession of the
  806  supervisor of elections. An absentee ballot shall be considered
  807  illegal if the voter’s certificate or absentee ballot affidavit
  808  it does not include the signature of the elector, as shown by
  809  the registration records or the precinct register, along with
  810  the signature and legible address of an attesting witness;
  811  however, if the signature of the attesting witness is illegible,
  812  the printed name of the attesting witness must clearly identify
  813  the name of the witness or the ballot shall be considered
  814  illegal. However, an absentee ballot is shall not be considered
  815  illegal if the signature of the elector does not cross the seal
  816  of the mailing envelope. If the canvassing board determines that
  817  any ballot is illegal, a member of the board shall, without
  818  opening the envelope, mark across the face of the envelope:
  819  “rejected as illegal.” The absentee ballot affidavit, if
  820  applicable, the envelope and the ballot contained therein shall
  821  be preserved in the manner that official ballots voted are
  822  preserved.
  823         2. If any elector or candidate present believes that an
  824  absentee ballot is illegal due to a defect apparent on the
  825  voter’s certificate or the absentee ballot affidavit, he or she
  826  may, at any time before the ballot is removed from the envelope,
  827  file with the canvassing board a protest against the canvass of
  828  that ballot, specifying the precinct, the ballot, and the reason
  829  he or she believes the ballot to be illegal. A challenge based
  830  upon a defect in the voter’s certificate or absentee ballot
  831  affidavit may not be accepted after the ballot has been removed
  832  from the mailing envelope.
  833         (d) The canvassing board shall record the ballot upon the
  834  proper record, unless the ballot has been previously recorded by
  835  the supervisor. The mailing envelopes shall be opened and the
  836  secrecy envelopes shall be mixed so as to make it impossible to
  837  determine which secrecy envelope came out of which signed
  838  mailing envelope; however, in any county in which an electronic
  839  or electromechanical voting system is used, the ballots may be
  840  sorted by ballot styles and the mailing envelopes may be opened
  841  and the secrecy envelopes mixed separately for each ballot
  842  style. The votes on absentee ballots shall be included in the
  843  total vote of the county.
  844         (4)(a) The supervisor of elections shall, on behalf of the
  845  county canvassing board, notify each elector whose ballot was
  846  rejected as illegal and provide the specific reason the ballot
  847  was rejected because of a difference between the elector’s
  848  signature on the ballot and that on the elector’s voter
  849  registration record. The supervisor shall mail a voter
  850  registration application to the elector to be completed
  851  indicating the elector’s current signature if the elector’s
  852  ballot was rejected due to a difference between the elector’s
  853  signature on the voter’s certificate or absentee ballot
  854  affidavit and the elector’s signature in the registration books
  855  or precinct register. This section does not prohibit the
  856  supervisor from providing additional methods for updating an
  857  elector’s signature.
  858         (b) If the canvassing board has not begun the canvassing of
  859  absentee ballots pursuant to subsection (2), the supervisor
  860  shall allow an elector who has returned an absentee ballot that
  861  does not include the elector’s signature to complete an
  862  affidavit in order to cure the unsigned absentee ballot.
  863         (c) The elector shall provide identification to the
  864  supervisor and must complete an absentee ballot affidavit in
  865  substantially the following form:
  866  
  867                      ABSENTEE BALLOT AFFIDAVIT                    
  868         I, ...., am a qualified voter in this election and
  869  registered voter of .... County, Florida. I do solemnly swear or
  870  affirm that I requested and returned the absentee ballot and
  871  that I have not and will not vote more than one ballot in this
  872  election. I understand that if I commit or attempt any fraud in
  873  connection with voting, vote a fraudulent ballot, or vote more
  874  than once in an election, I may be convicted of a felony of the
  875  third degree and fined up to $5,000 and imprisoned for up to 5
  876  years. I understand that my failure to sign this affidavit means
  877  that my absentee ballot will be invalidated.
  878  
  879  ...(Voter’s Signature)...
  880  
  881  ...(Address)...
  882  
  883  Note: Your Signature Must Be Witnessed by One Witness 18 Years
  884  of Age or Older.
  885  
  886         I swear or affirm that the voter signed this Absentee
  887  Ballot Affidavit in my presence.
  888  
  889  ...(Signature of Witness)...
  890  
  891  ...(Printed Name of Witness)...
  892  
  893  ...(Date)...
  894  ...(Address)...
  895  
  896         (d) Instructions must accompany the absentee ballot
  897  affidavit in substantially the following form:
  898  
  899         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  900  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  901  BALLOT NOT TO COUNT.
  902  
  903         1. In order to ensure that your absentee ballot will be
  904  counted, your affidavit should be completed and returned as soon
  905  as possible so that it can reach the supervisor of elections of
  906  the county in which your precinct is located no later than the
  907  start of the canvassing of absentee ballots, which occurs no
  908  earlier than the 15th day before an election.
  909         2. You must sign your name on the line above (Voter’s
  910  Signature).
  911         3. You must have your signature witnessed by a person 18
  912  years of age or older. Have the witness sign on the line above
  913  (Signature of Witness) and include his or her legible address.
  914  If the signature is illegible, the affidavit must also include a
  915  readable, printed name of the attesting witness. A candidate may
  916  not serve as an attesting witness.
  917         4. You must make a copy of one of the following forms of
  918  identification:
  919         a. Identification which must include your name and
  920  photograph: United States passport; debit or credit card;
  921  military identification; student identification; retirement
  922  center identification; neighborhood association identification;
  923  or public assistance identification; or
  924         b. Identification which shows your name and current
  925  residence address: current utility bill, bank statement,
  926  government check, paycheck, or government document (excluding
  927  voter identification card).
  928         5. Place the envelope bearing the affidavit into a mailing
  929  envelope addressed to the supervisor. Insert a copy of your
  930  identification in the mailing envelope.
  931         6. Mail, deliver, or have delivered the completed affidavit
  932  along with the copy of your identification to your county
  933  supervisor of elections. Be sure there is sufficient postage if
  934  mailed and that the supervisor’s address is correct.
  935         (e) The department and each supervisor shall include the
  936  affidavit and instructions on their respective websites. The
  937  supervisor must include his or her office’s mailing address on
  938  the page containing the affidavit instructions; the department’s
  939  instruction page must include the office mailing addresses of
  940  all supervisors of elections or provide a conspicuous link to
  941  such addresses.
  942         (f) The supervisor shall attach each affidavit received to
  943  the appropriate absentee ballot mailing envelope.
  944         Section 15. Subsections (3) and (4) of section 101.6921,
  945  Florida Statutes, are amended to read:
  946         101.6921 Delivery of special absentee ballot to certain
  947  first-time voters.—
  948         (3) The Voter’s Certificate shall be in substantially the
  949  following form:
  950  
  951  Note: Please Read Instructions Carefully Before Marking Ballot
  952  and Completing Voter’s Certificate.
  953  
  954                         VOTER’S CERTIFICATE                       
  955  
  956         I, ...., do solemnly swear or affirm that I am a qualified
  957  and registered voter of .... County, Florida, and that I have
  958  not and will not vote more than one ballot in this election. I
  959  understand that if I commit or attempt to commit any fraud in
  960  connection with voting, vote a fraudulent ballot, or vote more
  961  than once in an election, I can be convicted of a felony of the
  962  third degree and fined up to $5,000 and/or imprisoned for up to
  963  5 years. I also understand that failure to sign this certificate
  964  will invalidate my ballot. I understand that unless I meet one
  965  of the exemptions below, I must provide a copy of a current and
  966  valid identification as provided in the instruction sheet to the
  967  supervisor of elections in order for my ballot to count.
  968         I further certify that I am exempt from the requirements to
  969  furnish a copy of a current and valid identification with my
  970  ballot because of one or more of the following (check all that
  971  apply):
  972         ☐ I am 65 years of age or older.
  973         ☐ I have a permanent or temporary physical disability.
  974         ☐ I am a member of a uniformed service on active duty who,
  975  by reason of such active duty, will be absent from the county on
  976  election day.
  977         ☐ I am a member of the Merchant Marine who, by reason of
  978  service in the Merchant Marine, will be absent from the county
  979  on election day.
  980         ☐ I am the spouse or dependent of a member of the uniformed
  981  service or Merchant Marine who, by reason of the active duty or
  982  service of the member, will be absent from the county on
  983  election day.
  984         ☐ I am currently residing outside the United States.
  985  
  986  ...(Date)...                             ...Voter’s Signature...
  987  
  988  Note: Your Signature Must Be Witnessed as Provided in the
  989  Instruction Sheet By One Witness 18 Years of Age or Older.
  990  
  991  I swear or affirm that the voter signed this Voter’s Certificate
  992  in my presence.
  993  
  994  ...(Signature of Witness)...
  995  
  996  ...(Printed Name of Witness)...
  997  
  998  ...(Date)...
  999  ...(Address)...
 1000  
 1001         (4) The certificate shall be arranged on the back of the
 1002  envelope so that the line for the signature of the absent
 1003  elector is across the seal of the envelope.
 1004         Section 16. Subsection (2) of section 101.6923, Florida
 1005  Statutes, is amended to read:
 1006         101.6923 Special absentee ballot instructions for certain
 1007  first-time voters.—
 1008         (2) A voter covered by this section shall be provided with
 1009  printed instructions with his or her absentee ballot in
 1010  substantially the following form:
 1011  
 1012         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
 1013         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
 1014         YOUR BALLOT NOT TO COUNT.
 1015  
 1016         1. In order to ensure that your absentee ballot will be
 1017  counted, it should be completed and returned as soon as possible
 1018  so that it can reach the supervisor of elections of the county
 1019  in which your precinct is located no later than 7 p.m. on the
 1020  date of the election. However, if you are an overseas voter
 1021  casting a ballot in a presidential preference primary or general
 1022  election, your absentee ballot must be postmarked or signed and
 1023  dated no later than the date of the election and received by the
 1024  supervisor of elections of the county in which you are
 1025  registered to vote no later than 10 days after the date of the
 1026  election.
 1027         2. Mark your ballot in secret as instructed on the ballot.
 1028  You must mark your own ballot unless you are unable to do so
 1029  because of blindness, disability, or inability to read or write.
 1030         3. Mark only the number of candidates or issue choices for
 1031  a race as indicated on the ballot. If you are allowed to “Vote
 1032  for One” candidate and you vote for more than one, your vote in
 1033  that race will not be counted.
 1034         4. Place your marked ballot in the enclosed secrecy
 1035  envelope and seal the envelope.
 1036         5. Insert the secrecy envelope into the enclosed envelope
 1037  bearing the Voter’s Certificate. Seal the envelope and
 1038  completely fill out the Voter’s Certificate on the back of the
 1039  envelope.
 1040         a. You must sign your name on the line above (Voter’s
 1041  Signature).
 1042         b. You must have your signature witnessed by a person 18
 1043  years of age or older. Have the witness sign on the line above
 1044  (Signature of Witness) and include his or her legible address.
 1045  If the signature is illegible, the Voter’s Certificate must also
 1046  include a readable printed name of the attesting witness. A
 1047  candidate may not serve as an attesting witness.
 1048         c.b. If you are an overseas voter, you must include the
 1049  date you signed the Voter’s Certificate on the line above (Date)
 1050  or your ballot may not be counted.
 1051         d.c. An absentee ballot will be considered illegal and will
 1052  not be counted if the signature on the Voter’s Certificate does
 1053  not match the signature on record. The signature on file at the
 1054  start of the canvass of the absentee ballots is the signature
 1055  that will be used to verify your signature on the Voter’s
 1056  Certificate. If you need to update your signature for this
 1057  election, send your signature update on a voter registration
 1058  application to your supervisor of elections so that it is
 1059  received no later than the start of canvassing of absentee
 1060  ballots, which occurs no earlier than the 15th day before
 1061  election day.
 1062         6. Unless you meet one of the exemptions in Item 7., you
 1063  must make a copy of one of the following forms of
 1064  identification:
 1065         a. Identification which must include your name and
 1066  photograph: United States passport; debit or credit card;
 1067  military identification; student identification; retirement
 1068  center identification; neighborhood association identification;
 1069  or public assistance identification; or
 1070         b. Identification which shows your name and current
 1071  residence address: current utility bill, bank statement,
 1072  government check, paycheck, or government document (excluding
 1073  voter identification card).
 1074         7. The identification requirements of Item 6. do not apply
 1075  if you meet one of the following requirements:
 1076         a. You are 65 years of age or older.
 1077         b. You have a temporary or permanent physical disability.
 1078         c. You are a member of a uniformed service on active duty
 1079  who, by reason of such active duty, will be absent from the
 1080  county on election day.
 1081         d. You are a member of the Merchant Marine who, by reason
 1082  of service in the Merchant Marine, will be absent from the
 1083  county on election day.
 1084         e. You are the spouse or dependent of a member referred to
 1085  in paragraph c. or paragraph d. who, by reason of the active
 1086  duty or service of the member, will be absent from the county on
 1087  election day.
 1088         f. You are currently residing outside the United States.
 1089         8. Place the envelope bearing the Voter’s Certificate into
 1090  the mailing envelope addressed to the supervisor. Insert a copy
 1091  of your identification in the mailing envelope. DO NOT PUT YOUR
 1092  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
 1093  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
 1094  BALLOT WILL NOT COUNT.
 1095         9. Mail, deliver, or have delivered the completed mailing
 1096  envelope. Be sure there is sufficient postage if mailed.
 1097         10. FELONY NOTICE. It is a felony under Florida law to
 1098  accept any gift, payment, or gratuity in exchange for your vote
 1099  for a candidate. It is also a felony under Florida law to vote
 1100  in an election using a false identity or false address, or under
 1101  any other circumstances making your ballot false or fraudulent.
 1102         Section 17. Subsection (5) is added to section 101.6952,
 1103  Florida Statutes, to read:
 1104         101.6952 Absentee ballots for absent uniformed services and
 1105  overseas voters.—
 1106         (5) An absentee ballot from an overseas voter in any
 1107  presidential preference primary or general election which is
 1108  postmarked or signed and dated no later than the date of the
 1109  election and is received by the supervisor of elections of the
 1110  county in which the overseas voter is registered no later than
 1111  10 days after the date of the election shall be counted as long
 1112  as the absentee ballot is otherwise proper.
 1113         Section 18. Paragraphs (b) and (d) of subsection (4) of
 1114  section 102.031, Florida Statutes, are amended to read:
 1115         102.031 Maintenance of good order at polls; authorities;
 1116  persons allowed in polling rooms and early voting areas;
 1117  unlawful solicitation of voters.—
 1118         (4)
 1119         (b) For the purpose of this subsection, the terms “solicit”
 1120  or “solicitation” shall include, but not be limited to, seeking
 1121  or attempting to seek any vote, fact, opinion, or contribution;
 1122  distributing or attempting to distribute any political or
 1123  campaign material, leaflet, or handout; conducting a poll except
 1124  as specified in this paragraph; seeking or attempting to seek a
 1125  signature on any petition; and selling or attempting to sell any
 1126  item. The terms “solicit” or “solicitation” may shall not be
 1127  construed to prohibit exit polling.
 1128         (d) Except as provided in paragraph (a), the supervisor may
 1129  not designate a no-solicitation zone or otherwise restrict
 1130  access to any person, political committee, committee of
 1131  continuous existence, candidate, or other group or organization
 1132  for the purposes of soliciting voters. This paragraph applies to
 1133  any public or private property used as a polling place or early
 1134  voting site.
 1135         Section 19. Subsections (1) and (4) of section 102.141,
 1136  Florida Statutes, are amended to read:
 1137         102.141 County canvassing board; duties.—
 1138         (1) The county canvassing board shall be composed of the
 1139  supervisor of elections; a county court judge, who shall act as
 1140  chair; and the chair of the board of county commissioners.
 1141  Alternate canvassing board members must be appointed pursuant to
 1142  paragraph (e). In the event any member of the county canvassing
 1143  board is unable to serve, is a candidate who has opposition in
 1144  the election being canvassed, or is an active participant in the
 1145  campaign or candidacy of any candidate who has opposition in the
 1146  election being canvassed, such member shall be replaced as
 1147  follows:
 1148         (a) If no county court judge is able to serve or if all are
 1149  disqualified, the chief judge of the judicial circuit in which
 1150  the county is located shall appoint as a substitute member a
 1151  qualified elector of the county who is not a candidate with
 1152  opposition in the election being canvassed and who is not an
 1153  active participant in the campaign or candidacy of any candidate
 1154  with opposition in the election being canvassed. In such event,
 1155  the members of the county canvassing board shall meet and elect
 1156  a chair.
 1157         (b) If the supervisor of elections is unable to serve or is
 1158  disqualified, the chair of the board of county commissioners
 1159  shall appoint as a substitute member a member of the board of
 1160  county commissioners who is not a candidate with opposition in
 1161  the election being canvassed and who is not an active
 1162  participant in the campaign or candidacy of any candidate with
 1163  opposition in the election being canvassed. The supervisor,
 1164  however, shall act in an advisory capacity to the canvassing
 1165  board.
 1166         (c) If the chair of the board of county commissioners is
 1167  unable to serve or is disqualified, the board of county
 1168  commissioners shall appoint as a substitute member one of its
 1169  members who is not a candidate with opposition in the election
 1170  being canvassed and who is not an active participant in the
 1171  campaign or candidacy of any candidate with opposition in the
 1172  election being canvassed.
 1173         (d) If a substitute member or alternate member cannot be
 1174  appointed as provided elsewhere in this subsection, or in the
 1175  event of a vacancy in such office, the chief judge of the
 1176  judicial circuit in which the county is located shall appoint as
 1177  a substitute member or alternate member a qualified elector of
 1178  the county who is not a candidate with opposition in the
 1179  election being canvassed and who is not an active participant in
 1180  the campaign or candidacy of any candidate with opposition in
 1181  the election being canvassed.
 1182         (e)1. The chief judge of the judicial circuit in which the
 1183  county is located shall appoint a county court judge as an
 1184  alternate member of the county canvassing board or, if each
 1185  county court judge is unable to serve or is disqualified, shall
 1186  appoint an alternate member who is qualified to serve as a
 1187  substitute member under paragraph (a).
 1188         2. The chair of the board of county commissioners shall
 1189  appoint a member of the board of county commissioners as an
 1190  alternate member of the county canvassing board or, if each
 1191  member of the board of county commissioners is unable to serve
 1192  or is disqualified, shall appoint an alternate member who is
 1193  qualified to serve as a substitute member under paragraph (d).
 1194         3. If a member of the county canvassing board is unable to
 1195  participate in a meeting of the board, the chair of the county
 1196  canvassing board or his or her designee shall designate which
 1197  alternate member will serve as a member of the board in the
 1198  place of the member who is unable to participate at that
 1199  meeting.
 1200         4. If not serving as one of the three members of the county
 1201  canvassing board, an alternate member may be present, observe,
 1202  and communicate with the three members constituting the county
 1203  canvassing board, but may not vote in the board’s decisions or
 1204  determinations.
 1205         (4)(a) The supervisor of elections shall upload into the
 1206  county’s election management system by 7 p.m. on the day before
 1207  the election the results of all early voting and absentee
 1208  ballots that have been canvassed and tabulated by the end of the
 1209  early voting period. Pursuant to ss. 101.5614(9), 101.657, and
 1210  101.68(2), the tabulation of votes cast or the results of such
 1211  uploads may not be made public before the close of the polls on
 1212  election day.
 1213         (b) The canvassing board shall report all early voting and
 1214  all tabulated absentee results to the Department of State within
 1215  30 minutes after the polls close. Thereafter, the canvassing
 1216  board shall report, with the exception of provisional ballot
 1217  results, updated precinct election results to the department at
 1218  least every 45 minutes until all results are completely
 1219  reported. The supervisor of elections shall notify the
 1220  department immediately of any circumstances that do not permit
 1221  periodic updates as required. Results shall be submitted in a
 1222  format prescribed by the department.
 1223         Section 20. Section 104.0616, Florida Statutes, is amended
 1224  to read:
 1225         104.0616 Absentee ballots and voting; violations.—
 1226         (1) For purposes of this section, the term “immediate
 1227  family” means a person’s spouse or the parent, child,
 1228  grandparent, or sibling of the person or the person’s spouse.
 1229         (2) Any person who provides or offers to provide, and any
 1230  person who accepts, a pecuniary or other benefit in exchange for
 1231  distributing, ordering, requesting, collecting, delivering, or
 1232  otherwise physically possessing more than two absentee ballots
 1233  per election in addition to his or her own ballot or a ballot
 1234  belonging to an immediate family member, with intent to alter,
 1235  change, modify, or erase any vote on the absentee ballot, except
 1236  as provided in ss. 101.6105-101.695, commits a felony of the
 1237  third degree, punishable as provided in s. 775.082, s. 775.083,
 1238  or s. 775.084.
 1239         Section 21. This act shall take effect October 1, 2013.