Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for HB 7013
       
       
       
       
       
       
                                Barcode 166182                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/2R         .                                
             04/24/2013 07:32 PM       .                                
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       Senator Latvala moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (17) is added to section 97.012,
    6  Florida Statutes, to read:
    7         97.012 Secretary of State as chief election officer.—The
    8  Secretary of State is the chief election officer of the state,
    9  and it is his or her responsibility to:
   10         (17) When warranted, place a supervisor of elections in
   11  noncompliant status pursuant to s. 98.025.
   12         Section 2. Section 97.0555, Florida Statutes, is amended to
   13  read:
   14         97.0555 Late registration.—An individual or accompanying
   15  family member who has been discharged or separated from the
   16  uniformed services or the United States Merchant Marine, has
   17  returned from a combat zone or forward-deployed area, or has
   18  separated from employment outside the territorial limits of the
   19  United States, after the book-closing date for an election
   20  pursuant to s. 97.055 and who is otherwise qualified may
   21  register to vote in such election until 5 p.m. on the Friday
   22  before that election in the office of the supervisor of
   23  elections. Such persons must produce sufficient documentation
   24  showing evidence of qualifying for late registration pursuant to
   25  this section.
   26         Section 3. Subsection (3) of section 97.061, Florida
   27  Statutes, is amended to read:
   28         97.061 Special registration for electors requiring
   29  assistance.—
   30         (3) The precinct register generated by the supervisor shall
   31  contain a notation that such person is eligible for assistance
   32  in voting, and the supervisor may make a notation on the voter
   33  information card that such person is eligible for assistance in
   34  voting. Such person shall be entitled to receive the assistance
   35  of two election officials or some other person of his or her own
   36  choice, other than the person’s employer, an the agent of the
   37  person’s employer, or an officer or agent of the person’s union,
   38  without the necessity of executing the “Declaration to Secure
   39  Assistance” prescribed in s. 101.051, so long as the person is
   40  known to the elector before election day. Such person shall
   41  notify the supervisor of any change in his or her condition
   42  which makes it unnecessary for him or her to receive assistance
   43  in voting. An individual may not provide assistance to more than
   44  10 electors during any election.
   45         Section 4. Section 98.025, Florida Statutes, is created to
   46  read:
   47         98.025 Supervisors of elections; noncompliant status.—
   48         (1) The Secretary of State may place a supervisor of
   49  elections in noncompliant status whenever that supervisor does
   50  not perform one or more of the following:
   51         (a) Timely file any report required by the Florida Election
   52  Code.
   53         (b) Ensure that ballots are distributed, collected,
   54  counted, and reported in accordance with applicable law.
   55         (c) Safeguard and account for voted ballots.
   56         (d) Follow any statute that imposes a duty or
   57  responsibility on a supervisor of elections.
   58         (e) Follow rules adopted by the Department of State
   59  concerning the implementation of any provision of the Florida
   60  Election Code.
   61         (2) The Secretary of State shall submit the written
   62  decision to place or remove a supervisor of elections in
   63  noncompliant status to the affected supervisor and provide a
   64  copy of the decision to the Governor and the chair of the board
   65  of county commissioners in the supervisor’s county.
   66         (3) While a supervisor of elections is in noncompliant
   67  status, the supervisor is not entitled to receive the special
   68  qualification salary available pursuant to s. 145.09. When
   69  removed from noncompliant status, if otherwise eligible to
   70  receive the special qualification salary, the supervisor is
   71  entitled to a pro rata share of the special qualification salary
   72  based on the remaining period of the year.
   73         (4) The Secretary of State may remove a supervisor from
   74  noncompliant status after 1 year of being placed in such status,
   75  provided that:
   76         (a) The supervisor has complied with any of the duties
   77  identified in subsection (1) while in a noncompliant status;
   78         (b) The supervisor has completed during each year while in
   79  noncompliant status a course of continuing education pursuant to
   80  s. 145.09 as prescribed by the Division of Elections; and
   81         (c) The supervisor has taken and received while in
   82  noncompliant status a grade of 90 percent or greater on a
   83  uniform statewide open-book examination testing the supervisor’s
   84  knowledge of the Florida Election Code. The Florida State
   85  Association of Supervisors of Elections shall annually develop
   86  the examination, but the examination shall be approved and
   87  administered by the Division of Elections.
   88         (5) If a supervisor has been in noncompliant status for 3
   89  consecutive years, the Secretary of State shall provide written
   90  notice of such event to the Governor for consideration of
   91  exercising the Governor’s authority to suspend the supervisor
   92  pursuant to s. 7, Art. IV of the State Constitution.
   93         (6) The decision of the Secretary of State to place a
   94  supervisor of elections in noncompliant status or remove a
   95  supervisor of elections from noncompliant status is exempt from
   96  the provisions of chapter 120.
   97         (7) This section is in addition to, and not exclusive of,
   98  the authority of the Governor to suspend and remove a supervisor
   99  of elections pursuant to s. 7, Art. IV of the State
  100  Constitution.
  101         Section 5. Section 100.061, Florida Statutes, is amended to
  102  read:
  103         100.061 Primary election.—In each year in which a general
  104  election is held, a primary election for nomination of
  105  candidates of political parties shall be held on the Tuesday 10
  106  12 weeks prior to the general election. The candidate receiving
  107  the highest number of votes cast in each contest in the primary
  108  election shall be declared nominated for such office. If two or
  109  more candidates receive an equal and highest number of votes for
  110  the same office, such candidates shall draw lots to determine
  111  which candidate is nominated.
  112         Section 6. Paragraphs (a) and (b) of subsection (2) of
  113  section 101.045, Florida Statutes, are amended to read:
  114         101.045 Electors must be registered in precinct; provisions
  115  for change of residence or name.—
  116         (2)(a) An elector who moves from the precinct in which the
  117  elector is registered may be permitted to vote in the precinct
  118  to which he or she has moved his or her legal residence, if the
  119  change of residence is within the same county or the precinct to
  120  which the elector has moved his or her legal residence is within
  121  a county that uses an electronic database as a precinct register
  122  at the polling place, and the elector completes an affirmation
  123  in substantially the following form:
  124  
  125               Change of Legal Residence of Registered             
  126                                Voter                              
  127  
  128  Under penalties for false swearing, I, ...(Name of voter)...,
  129  swear (or affirm) that the former address of my legal residence
  130  was ...(Address of legal residence)... in the municipality of
  131  ...., in .... County, Florida, and I was registered to vote in
  132  the .... precinct of .... County, Florida; that I have not voted
  133  in the precinct of my former registration in this election; that
  134  I now reside at ...(Address of legal residence)... in the
  135  Municipality of ...., in .... County, Florida, and am therefore
  136  eligible to vote in the .... precinct of .... County, Florida;
  137  and I further swear (or affirm) that I am otherwise legally
  138  registered and entitled to vote.
  139  
  140  ...(Signature of voter whose address of legal residence has
  141  changed)...
  142  
  143         (b) Except for an active uniformed services voter or a
  144  member of his or her family and except for an elector who has
  145  moved his or her legal residence to a precinct within a county
  146  that uses an electronic database as a precinct register at the
  147  polling place, an elector whose change of address is from
  148  outside the county may not change his or her legal residence at
  149  the polling place and must vote a provisional regular ballot;
  150  however, such elector is entitled to vote a provisional ballot.
  151         Section 7. Subsection (1) of section 101.051, Florida
  152  Statutes, is amended to read:
  153         101.051 Electors seeking assistance in casting ballots;
  154  oath to be executed; forms to be furnished.—
  155         (1)(a) Any elector applying to vote in any election who
  156  requires assistance to vote by reason of blindness, disability,
  157  or inability to read or write may request the assistance of two
  158  election officials or some other person of the elector’s own
  159  choice that he or she knew before election day. However, such
  160  elector may not receive assistance from his or her employer, an
  161  agent of his or her employer, or an officer or agent of his or
  162  her union. An individual may not provide assistance to more than
  163  10 electors during any election, other than the elector’s
  164  employer, an agent of the employer, or an officer or agent of
  165  his or her union, to assist the elector in casting his or her
  166  vote.
  167         (b) Any such elector, before retiring to the voting booth,
  168  may have one of such persons read over to him or her, without
  169  suggestion or interference, the titles of the offices to be
  170  filled and the candidates therefor and the issues on the ballot.
  171  After the elector requests the aid of the two election officials
  172  or the person of the elector’s choice, they shall retire to the
  173  voting booth for the purpose of casting the elector’s vote
  174  according to the elector’s choice.
  175         Section 8. Subsection (3) of section 101.161, Florida
  176  Statutes, is amended to read:
  177         101.161 Referenda; ballots.—
  178         (3)(a) Each joint resolution that proposes a constitutional
  179  amendment or revision shall include one or more ballot
  180  statements set forth in order of priority. Each ballot statement
  181  shall consist of a ballot title, by which the measure is
  182  commonly referred to or spoken of, not exceeding 15 words in
  183  length, and either a ballot summary that describes the chief
  184  purpose of the amendment or revision in clear and unambiguous
  185  language, or the full text of the amendment or revision. If a
  186  joint resolution that proposes a constitutional amendment or
  187  revision contains only one ballot statement, the ballot summary
  188  may not exceed 75 words in length. If a joint resolution that
  189  proposes a constitutional amendment or revision contains more
  190  than one ballot statement, the first ballot summary, in order of
  191  priority, may not exceed 75 words in length.
  192         (b) The Department of State shall furnish a designating
  193  number pursuant to subsection (2) and the appropriate ballot
  194  statement to the supervisor of elections of each county. The
  195  ballot statement shall be printed on the ballot after the list
  196  of candidates, followed by the word “yes” and also by the word
  197  “no,” and shall be styled in such a manner that a “yes” vote
  198  will indicate approval of the amendment or revision and a “no”
  199  vote will indicate rejection.
  200         (c)(b)1. Any action for a judicial determination that one
  201  or more ballot statements embodied in a joint resolution are
  202  defective must be commenced by filing a complaint or petition
  203  with the appropriate court within 30 days after the joint
  204  resolution is filed with the Secretary of State. The complaint
  205  or petition shall assert all grounds for challenge to each
  206  ballot statement. Any ground not asserted within 30 days after
  207  the joint resolution is filed with the Secretary of State is
  208  waived.
  209         2. The court, including any appellate court, shall accord
  210  an action described in subparagraph 1. priority over other
  211  pending cases and render a decision as expeditiously as
  212  possible. If the court finds that all ballot statements embodied
  213  in a joint resolution are defective and further appeals are
  214  declined, abandoned, or exhausted, unless otherwise provided in
  215  the joint resolution, the Attorney General shall, within 10
  216  days, prepare and submit to the Department of State a revised
  217  ballot title or ballot summary that corrects the deficiencies
  218  identified by the court, and the Department of State shall
  219  furnish a designating number and the revised ballot title or
  220  ballot summary to the supervisor of elections of each county for
  221  placement on the ballot. The revised ballot summary may exceed
  222  75 words in length. The court shall retain jurisdiction over
  223  challenges to a revised ballot title or ballot summary prepared
  224  by the Attorney General, and any challenge to a revised ballot
  225  title or ballot summary must be filed within 10 days after a
  226  revised ballot title or ballot summary is submitted to the
  227  Department of State.
  228         3. A ballot statement that consists of the full text of an
  229  amendment or revision shall be presumed to be a clear and
  230  unambiguous statement of the substance and effect of the
  231  amendment or revision, providing fair notice to the electors of
  232  the content of the amendment or revision and sufficiently
  233  advising electors of the issue upon which they are to vote.
  234         Section 9. Subsection (3) of section 101.5605, Florida
  235  Statutes, is amended to read:
  236         101.5605 Examination and approval of equipment.—
  237         (3)(a) Before the Department of State approves the
  238  electronic or electromechanical voting system, the person who
  239  submitted it for examination shall provide the department with
  240  the name, mailing address, and telephone number of a registered
  241  agent, which agent must have and continuously maintain an office
  242  in this state. Any change in the name, address, or telephone
  243  number of the registered agent shall promptly be made known to
  244  the department.
  245         (b) Before entering into a contract for the sale or lease
  246  of a voting system approved under this section to any county,
  247  the person entering into such contract shall provide the
  248  department with the name, mailing address, and telephone number
  249  of a registered agent, which agent must have and continuously
  250  maintain an office in this state. Any change in the name,
  251  address, or telephone number of the registered agent shall
  252  promptly be made known to the department.
  253         (c) The department’s proof of delivery or attempted
  254  delivery to the last mailing address of the registered agent on
  255  file with the department at the time of delivery or attempted
  256  delivery is valid for all notice purposes.
  257         (d) Within 30 days after completing the examination and
  258  upon approval of any electronic or electromechanical voting
  259  system, the Department of State shall make and maintain a report
  260  on the system, together with a written or printed description
  261  and drawings and photographs clearly identifying the system and
  262  the operation thereof. As soon as practicable after such filing,
  263  the department shall send a notice of certification and, upon
  264  request, a copy of the report to the governing bodies of the
  265  respective counties of the state. Any voting system that does
  266  not receive the approval of the department may shall not be
  267  adopted for or used at any election.
  268         (e)(b) After a voting system has been approved by the
  269  Department of State, any change or improvement in the system is
  270  required to be approved by the department prior to the adoption
  271  of such change or improvement by any county. If any such change
  272  or improvement does not comply with the requirements of this
  273  act, the department shall suspend all sales of the equipment or
  274  system in the state until the equipment or system complies with
  275  the requirements of this act.
  276         Section 10. Section 101.56065, Florida Statutes, is created
  277  to read:
  278         101.56065Voting system defects; disclosure;
  279  investigations; penalties.—
  280         (1) For purposes of this section, the term:
  281         (a)“Defect” means:
  282         1. Any failure, fault, or flaw in an electronic or
  283  electromechanical voting system approved pursuant to s. 101.5605
  284  which results in nonconformance with the standards in a manner
  285  that affects the timeliness or accuracy of the casting or
  286  counting of ballots; or
  287         2. Any failure or inability of the voting system
  288  manufacturer or vendor to make available or provide approved
  289  replacements of hardware or software to the counties that have
  290  purchased the approved voting system, the unavailability of
  291  which results in the system’s nonconformance with the standards
  292  in a manner that affects the timeliness or accuracy of the
  293  casting or counting of ballots.
  294         (b) “Standards” refers to the requirements in ss. 101.5606
  295  and 101.56062 under which a voting system was approved for use
  296  in the state.
  297         (c) “Vendor” means a person who submits or previously
  298  submitted a voting system that was approved by the Department of
  299  State in accordance with s. 101.5605, or a person who enters
  300  into a contract for the sale or lease of a voting system to any
  301  county, or that previously entered into such a contract that has
  302  not expired.
  303         (2)(a) No later than December 31, 2013, and, thereafter, on
  304  January 1 of every odd-numbered year, each vendor shall file a
  305  written disclosure with the department identifying any known
  306  defect in the voting system or the fact that there is no known
  307  defect, the effect of any defect on the operation and use of the
  308  approved voting system, and any known corrective measures to
  309  cure a defect, including, but not limited to, advisories and
  310  bulletins issued to system users.
  311         (b) Implementation of corrective measures approved by the
  312  department which enable a system to conform to the standards and
  313  ensure the timeliness and accuracy of the casting and counting
  314  of ballots constitutes a cure of a defect.
  315         (c)If a vendor becomes aware of the existence of a defect,
  316  he or she must file a new disclosure with the department as
  317  provided in paragraph (a) within 30 days after the date the
  318  vendor determined or reasonably should have determined that the
  319  defect existed.
  320         (d)If a vendor discloses to the department that a defect
  321  exists, the department may suspend all sales or leases of the
  322  voting system in the state and may suspend the use of the system
  323  in any election in the state. The department shall provide
  324  written notice of any such suspension to each affected vendor
  325  and supervisor of elections. If the department determines that
  326  the defect no longer exists, the department shall lift the
  327  suspension and provide written notice to each affected vendor
  328  and supervisor of elections.
  329         (e)If a vendor fails to file a required disclosure for a
  330  voting system previously approved by the department, that system
  331  may not be sold, leased, or used for elections in the state
  332  until it has been submitted for examination and approval and
  333  adopted for use pursuant to s. 101.5605. The department shall
  334  provide written notice to all supervisors of elections that the
  335  system is no longer approved.
  336         (3)(a)If the department has reasonable cause to believe a
  337  voting system approved pursuant to s. 101.5605 contains a defect
  338  either before, during, or after an election which has not been
  339  disclosed pursuant to subsection (2), the department may
  340  investigate whether the voting system has a defect.
  341         (b)The department may initiate an investigation pursuant
  342  to paragraph (a) on its own initiative or upon the written
  343  request of the supervisor of elections of a county that
  344  purchased or leased a voting system that contains the alleged
  345  defect.
  346         (c)Upon initiating an investigation, the department shall
  347  provide written notice to the vendor and all of the supervisors
  348  of elections.
  349         (4)(a) If the department determines by a preponderance of
  350  the evidence that a defect exists in the voting system, or that
  351  a vendor failed to timely disclose a defect pursuant to
  352  subsection (2), the department shall provide written notice to
  353  the affected vendor and supervisors of elections.
  354         (b) A vendor entitled to receive notice pursuant to
  355  paragraph (a) shall, within 10 days, file a written response to
  356  the department which:
  357         1. Denies that the alleged defect exists or existed as
  358  alleged by the department or that the vendor failed to timely
  359  disclose a defect, and sets forth the reasons for such denial;
  360  or
  361         2. Admits that the defect exists or existed as alleged by
  362  the department or that the vendor failed to timely disclose a
  363  defect.
  364         (c) If the defect has been cured, the vendor shall provide
  365  an explanation of how the defect was cured.
  366         (d) If the defect has not been cured, the vendor shall
  367  inform the department whether the defect can be cured and shall
  368  provide the department with a plan for curing the defect. If the
  369  defect can be cured, the department shall establish a timeframe
  370  within which to cure the defect.
  371         (5) If after receiving a response from the vendor, the
  372  department determines that a defect does not exist or has been
  373  cured within the timeframe established by the department, the
  374  department shall take no further action.
  375         (6)If the department determines that: a vendor failed to
  376  timely disclose a defect; or that a defect exists and a vendor
  377  has not filed a written response or has failed to cure within
  378  the timeframe established by the department, or if the defect
  379  cannot be cured, the department shall impose a civil penalty of
  380  $25,000 for the defect plus an amount equal to the actual costs
  381  incurred by the department in conducting the investigation.
  382         (7) If the department finds that a defect existed:
  383         (a)The department may suspend all sales and leases of the
  384  voting system and may suspend its use in any county in the
  385  state. The department shall provide written notice of the
  386  suspension to each affected vendor and supervisor of elections.
  387         (b) If the department determines that a defect no longer
  388  exists in a voting system that has been suspended from use
  389  pursuant to paragraph (a), the department shall lift the
  390  suspension and authorize the sale, lease, and use of the voting
  391  system in any election in the state. The department shall
  392  provide written notice that the suspension has been lifted to
  393  each affected vendor and supervisor of elections.
  394         (c) If the defect cannot be cured, the department may
  395  disapprove the voting system for use in elections in the state.
  396  The department shall provide written notice to all supervisors
  397  of elections that the system is no longer approved. After
  398  approval of a system has been withdrawn pursuant to this
  399  paragraph, the system may not be sold, leased, or used in
  400  elections in the state until it has been submitted for
  401  examination and approval and adopted for use pursuant to s.
  402  101.5605.
  403         (d) Any vendor against whom a civil penalty was imposed
  404  under this section may not submit a voting system for approval
  405  by the Department of State in accordance with s. 101.5605 or
  406  enter into a contract for sale or lease of a voting system in
  407  the state until the civil penalties have been paid and the
  408  department provides written confirmation to the supervisors of
  409  elections of the payment.
  410         (8)The department shall prepare a written report of any
  411  investigation conducted pursuant to this section.
  412         (9)The authority of the department under this section is
  413  in addition to, and not exclusive of, any other authority
  414  provided by law.
  415         (10) All proceedings under this section are exempt from
  416  chapter 120.
  417         Section 11. Section 101.56075, Florida Statutes, is amended
  418  to read:
  419         101.56075 Voting methods.—
  420         (1) Except as provided in subsection (2), all voting shall
  421  be by marksense ballot utilizing a marking device for the
  422  purpose of designating ballot selections.
  423         (2) Persons with disabilities may vote on a voter interface
  424  device that meets the voting system accessibility requirements
  425  for individuals with disabilities pursuant to s. 301 of the
  426  federal Help America Vote Act of 2002 and s. 101.56062.
  427         (3) By 2020 2016, persons with disabilities shall vote on a
  428  voter interface device that meets the voter accessibility
  429  requirements for individuals with disabilities under s. 301 of
  430  the federal Help America Vote Act of 2002 and s. 101.56062 which
  431  are consistent with subsection (1) of this section.
  432         (4) By December 31, 2013, all voting systems utilized by
  433  voters during a state election shall permit placement on the
  434  ballot of the full text of a constitutional amendment or
  435  revision containing stricken or underlined text.
  436         Section 12. Subsections (1) and (2) of section 101.591,
  437  Florida Statutes, are amended, and subsection (4) of that
  438  section is republished, to read:
  439         101.591 Voting system audit.—
  440         (1) Immediately following the certification of each
  441  election, the county canvassing board or the local board
  442  responsible for certifying the election shall conduct a manual
  443  audit or an automated, independent audit of the voting systems
  444  used in randomly selected precincts.
  445         (2)(a)A manual The audit shall consist of a public manual
  446  tally of the votes cast in one randomly selected race that
  447  appears on the ballot. The tally sheet shall include election
  448  day, absentee, early voting, provisional, and overseas ballots,
  449  in at least 1 percent but no more than 2 percent of the
  450  precincts chosen at random by the county canvassing board or the
  451  local board responsible for certifying the election. If 1
  452  percent of the precincts is less than one entire precinct, the
  453  audit shall be conducted using at least one precinct chosen at
  454  random by the county canvassing board or the local board
  455  responsible for certifying the election. Such precincts shall be
  456  selected at a publicly noticed canvassing board meeting.
  457         (b) An automated audit shall consist of a public automated
  458  tally of the votes cast across every race that appears on the
  459  ballot. The tally sheet shall include election day, absentee,
  460  early voting, provisional, and overseas ballots in at least 20
  461  percent of the precincts chosen at random by the county
  462  canvassing board or the local board responsible for certifying
  463  the election. Such precincts shall be selected at a publicly
  464  noticed canvassing board meeting.
  465         (c) The division shall adopt rules for approval of an
  466  independent audit system which provide that the system, at a
  467  minimum, must be:
  468         1. Completely independent of the primary voting system.
  469         2. Fast enough to produce final audit results within the
  470  timeframe prescribed in subsection (4).
  471         3. Capable of demonstrating that the ballots of record have
  472  been accurately adjudicated by the audit system.
  473         (4) The audit must be completed and the results made public
  474  no later than 11:59 p.m. on the 7th day following certification
  475  of the election by the county canvassing board or the local
  476  board responsible for certifying the election.
  477         Section 13. Subsections (1) and (3) and paragraph (c) of
  478  subsection (4) of section 101.62, Florida Statutes, are amended
  479  to read:
  480         101.62 Request for absentee ballots.—
  481         (1)(a) The supervisor shall accept a request for an
  482  absentee ballot from an elector in person or in writing. One
  483  request shall be deemed sufficient to receive an absentee ballot
  484  for all elections through the end of the calendar year of the
  485  second ensuing regularly scheduled general election, unless the
  486  elector or the elector’s designee indicates at the time the
  487  request is made the elections for which the elector desires to
  488  receive an absentee ballot. Such request may be considered
  489  canceled when any first-class mail sent by the supervisor to the
  490  elector is returned as undeliverable.
  491         (b) The supervisor may accept a written or telephonic
  492  request for an absentee ballot to be mailed to an elector’s
  493  address on file in the Florida Voter Registration System from
  494  the elector, or, if directly instructed by the elector, a member
  495  of the elector’s immediate family, or the elector’s legal
  496  guardian; if the ballot is requested to be mailed to an address
  497  other than the elector’s address on file in the Florida Voter
  498  Registration System, the request must be made in writing and
  499  signed by the elector. However, an absent uniformed service
  500  voter or an overseas voter seeking an absentee ballot is not
  501  required to submit a signed, written request for an absentee
  502  ballot that is being mailed to an address other than the
  503  elector’s address on file in the Florida Voter Registration
  504  System. For purposes of this section, the term “immediate
  505  family” has the same meaning as specified in paragraph (4)(c).
  506  The person making the request must disclose:
  507         1. The name of the elector for whom the ballot is
  508  requested.
  509         2. The elector’s address.
  510         3. The elector’s date of birth.
  511         4. The requester’s name.
  512         5. The requester’s address.
  513         6. The requester’s driver’s license number, if available.
  514         7. The requester’s relationship to the elector.
  515         8. The requester’s signature (written requests only).
  516         (c) Upon receiving a request for an absentee ballot from an
  517  absent voter, the supervisor of elections shall notify the voter
  518  of the free access system that has been designated by the
  519  department for determining the status of his or her absentee
  520  ballot.
  521         (3) For each request for an absentee ballot received, the
  522  supervisor shall record the date the request was made, the date
  523  the absentee ballot was delivered to the voter or the voter’s
  524  designee or the date the absentee ballot was delivered to the
  525  post office or other carrier, the date the ballot was received
  526  by the supervisor, the absence of the voter’s signature on the
  527  voter’s certificate, if applicable, and such other information
  528  he or she may deem necessary. This information shall be provided
  529  in electronic format as provided by rule adopted by the
  530  division. The information shall be updated and made available no
  531  later than 8 a.m. of each day, including weekends, beginning 60
  532  days before the primary until 15 days after the general election
  533  and shall be contemporaneously provided to the division. This
  534  information shall be confidential and exempt from the provisions
  535  of s. 119.07(1) and shall be made available to or reproduced
  536  only for the voter requesting the ballot, a canvassing board, an
  537  election official, a political party or official thereof, a
  538  candidate who has filed qualification papers and is opposed in
  539  an upcoming election, and registered political committees or
  540  registered committees of continuous existence, for political
  541  purposes only.
  542         (4)
  543         (c) The supervisor shall provide an absentee ballot to each
  544  elector by whom a request for that ballot has been made by one
  545  of the following means:
  546         1. By nonforwardable, return-if-undeliverable mail to the
  547  elector’s current mailing address on file with the supervisor or
  548  any other address the elector specifies in the request.
  549         2. By forwardable mail, e-mail, or facsimile machine
  550  transmission to absent uniformed services voters and overseas
  551  voters. The absent uniformed services voter or overseas voter
  552  may designate in the absentee ballot request the preferred
  553  method of transmission. If the voter does not designate the
  554  method of transmission, the absentee ballot shall be mailed.
  555         3. By personal delivery before 7 p.m. on election day to
  556  the elector, upon presentation of the identification required in
  557  s. 101.043.
  558         4. By delivery to a designee on election day or up to 5
  559  days prior to the day of an election. Any elector may designate
  560  in writing a person to pick up the ballot for the elector;
  561  however, the person designated may not pick up more than two
  562  absentee ballots per election, other than the designee’s own
  563  ballot, except that additional ballots may be picked up for
  564  members of the designee’s immediate family. For purposes of this
  565  section, “immediate family” means the designee’s spouse or the
  566  parent, child, grandparent, or sibling of the designee or of the
  567  designee’s spouse. The designee shall provide to the supervisor
  568  the written authorization by the elector and a picture
  569  identification of the designee and must complete an affidavit.
  570  The designee shall state in the affidavit that the designee is
  571  authorized by the elector to pick up that ballot and shall
  572  indicate if the elector is a member of the designee’s immediate
  573  family and, if so, the relationship. The department shall
  574  prescribe the form of the affidavit. If the supervisor is
  575  satisfied that the designee is authorized to pick up the ballot
  576  and that the signature of the elector on the written
  577  authorization matches the signature of the elector on file, the
  578  supervisor shall give the ballot to that designee for delivery
  579  to the elector.
  580         5. Except as provided in s. 101.655, the supervisor may not
  581  deliver an absentee ballot to an elector or an elector’s
  582  immediate family member on the day of the election unless there
  583  is an emergency, to the extent that the elector will be unable
  584  to go to his or her assigned polling place. If an absentee
  585  ballot is delivered, the elector or his or her designee shall
  586  execute an affidavit affirming to the facts which allow for
  587  delivery of the absentee ballot. The department shall adopt a
  588  rule providing for the form of the affidavit.
  589         Section 14. Section 101.65, Florida Statutes, is amended to
  590  read:
  591         101.65 Instructions to absent electors.—The supervisor
  592  shall enclose with each absentee ballot separate printed
  593  instructions in substantially the following form:
  594  
  595         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
  596         1. VERY IMPORTANT. In order to ensure that your absentee
  597  ballot will be counted, it should be completed and returned as
  598  soon as possible so that it can reach the supervisor of
  599  elections of the county in which your precinct is located no
  600  later than 7 p.m. on the day of the election. However, if you
  601  are an overseas voter casting a ballot in a presidential
  602  preference primary or general election, your absentee ballot
  603  must be postmarked or signed and dated no later than the date of
  604  the election and received by the supervisor of elections of the
  605  county in which you are registered to vote no later than 10 days
  606  after the date of the election.
  607         2. Mark your ballot in secret as instructed on the ballot.
  608  You must mark your own ballot unless you are unable to do so
  609  because of blindness, disability, or inability to read or write.
  610         3. Mark only the number of candidates or issue choices for
  611  a race as indicated on the ballot. If you are allowed to “Vote
  612  for One” candidate and you vote for more than one candidate,
  613  your vote in that race will not be counted.
  614         4. Place your marked ballot in the enclosed secrecy
  615  envelope.
  616         5. Insert the secrecy envelope into the enclosed mailing
  617  envelope which is addressed to the supervisor.
  618         6. Seal the mailing envelope and completely fill out the
  619  Voter’s Certificate on the back of the mailing envelope.
  620         7. VERY IMPORTANT. In order for your absentee ballot to be
  621  counted, you must sign your name on the line above (Voter’s
  622  Signature). An absentee ballot will be considered illegal and
  623  not be counted if the signature on the voter’s certificate does
  624  not match the signature on record. The signature on file at the
  625  start of the canvass of the absentee ballots is the signature
  626  that will be used to verify your signature on the voter’s
  627  certificate. If you need to update your signature for this
  628  election, send your signature update on a voter registration
  629  application to your supervisor of elections so that it is
  630  received no later than the start of the canvassing of absentee
  631  ballots, which occurs no earlier than the 15th day before
  632  election day.
  633         8. VERY IMPORTANT. If you are an overseas voter, you must
  634  include the date you signed the Voter’s Certificate on the line
  635  above (Date) or your ballot may not be counted.
  636         9. Mail, deliver, or have delivered the completed mailing
  637  envelope. Be sure there is sufficient postage if mailed.
  638         10. FELONY NOTICE. It is a felony under Florida law to
  639  accept any gift, payment, or gratuity in exchange for your vote
  640  for a candidate. It is also a felony under Florida law to vote
  641  in an election using a false identity or false address, or under
  642  any other circumstances making your ballot false or fraudulent.
  643         Section 15. Paragraphs (a) and (d) of subsection (1) of
  644  section 101.657, Florida Statutes, are amended to read:
  645         101.657 Early voting.—
  646         (1)(a) As a convenience to the voter, the supervisor of
  647  elections shall allow an elector to vote early in the main or
  648  branch office of the supervisor. The supervisor shall mark,
  649  code, indicate on, or otherwise track the voter’s precinct for
  650  each early voted ballot. In order for a branch office to be used
  651  for early voting, it shall be a permanent facility of the
  652  supervisor and shall have been designated and used as such for
  653  at least 1 year prior to the election. The supervisor may also
  654  designate any city hall, or permanent public library facility,
  655  fairground, civic center, courthouse, county commission
  656  building, stadium, convention center, government-owned senior
  657  center, or government-owned community center as early voting
  658  sites; however, if so designated, the sites must be
  659  geographically located so as to provide all voters in the county
  660  an equal opportunity to cast a ballot, insofar as is
  661  practicable. In addition, a supervisor may designate one early
  662  voting site per election in an area of the county that does not
  663  have any of the eligible early voting locations. Such additional
  664  early voting site must be geographically located so as to
  665  provide all voters in that area with an equal opportunity to
  666  cast a ballot, insofar as is practicable. Each county shall, at
  667  a minimum, operate the same total number of early voting sites
  668  for a general election which the county operated for the 2012
  669  general election. The results or tabulation of votes cast during
  670  early voting may not be made before the close of the polls on
  671  election day. Results shall be reported by precinct.
  672         (d) Early voting shall begin on the 10th day before an
  673  election that contains state or federal races and end on the 3rd
  674  day before the election, and shall be provided for no less than
  675  8 6 hours and no more than 12 hours per day at each site during
  676  the applicable period. In addition, early voting may be offered
  677  at the discretion of the supervisor of elections on the 15th,
  678  14th, 13th, 12th, 11th, or 2nd day before an election that
  679  contains state or federal races for at least 8 hours per day,
  680  but not more than 12 hours per day. The supervisor of elections
  681  may provide early voting for elections that are not held in
  682  conjunction with a state or federal election. However, the
  683  supervisor has the discretion to determine the hours of
  684  operation of early voting sites in those elections.
  685         Section 16. Subsection (2) of section 101.67, Florida
  686  Statutes, is amended to read:
  687         101.67 Safekeeping of mailed ballots; deadline for
  688  receiving absentee ballots.—
  689         (2) Except as provided in s. 101.6952(5), all marked absent
  690  electors’ ballots to be counted must be received by the
  691  supervisor by 7 p.m. the day of the election. All ballots
  692  received thereafter shall be marked with the time and date of
  693  receipt and filed in the supervisor’s office.
  694         Section 17. Subsections (1) and (4) of section 101.68,
  695  Florida Statutes, are amended, and subsection (2) of that
  696  section is reenacted and amended, to read:
  697         101.68 Canvassing of absentee ballot.—
  698         (1) The supervisor of the county where the absent elector
  699  resides shall receive the voted ballot, at which time the
  700  supervisor shall compare the signature of the elector on the
  701  voter’s certificate with the signature of the elector in the
  702  registration books or the precinct register to determine whether
  703  the elector is duly registered in the county and may record on
  704  the elector’s registration certificate that the elector has
  705  voted. However, effective July 1, 2005, an elector who dies
  706  after casting an absentee ballot but on or before election day
  707  shall remain listed in the registration books until the results
  708  have been certified for the election in which the ballot was
  709  cast. The supervisor shall safely keep the ballot unopened in
  710  his or her office until the county canvassing board canvasses
  711  the vote. Except as provided in subsection (4), after an
  712  absentee ballot is received by the supervisor, the ballot is
  713  deemed to have been cast, and changes or additions may not be
  714  made to the voter’s certificate.
  715         (2)(a) The county canvassing board may begin the canvassing
  716  of absentee ballots at 7 a.m. on the 15th day before the
  717  election, but not later than noon on the day following the
  718  election. In addition, for any county using electronic
  719  tabulating equipment, the processing of absentee ballots through
  720  such tabulating equipment may begin at 7 a.m. on the 15th day
  721  before the election. However, notwithstanding any such
  722  authorization to begin canvassing or otherwise processing
  723  absentee ballots early, no result shall be released until after
  724  the closing of the polls in that county on election day. Any
  725  supervisor of elections, deputy supervisor of elections,
  726  canvassing board member, election board member, or election
  727  employee who releases the results of a canvassing or processing
  728  of absentee ballots prior to the closing of the polls in that
  729  county on election day commits a felony of the third degree,
  730  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  731         (b) To ensure that all absentee ballots to be counted by
  732  the canvassing board are accounted for, the canvassing board
  733  shall compare the number of ballots in its possession with the
  734  number of requests for ballots received to be counted according
  735  to the supervisor’s file or list.
  736         (c)1. The canvassing board shall, if the supervisor has not
  737  already done so, compare the signature of the elector on the
  738  voter’s certificate or on the absentee ballot affidavit as
  739  provided in subsection (4) with the signature of the elector in
  740  the registration books or the precinct register to see that the
  741  elector is duly registered in the county and to determine the
  742  legality of that absentee ballot. The ballot of an elector who
  743  casts an absentee ballot shall be counted even if the elector
  744  dies on or before election day, as long as, prior to the death
  745  of the voter, the ballot was postmarked by the United States
  746  Postal Service, date-stamped with a verifiable tracking number
  747  by common carrier, or already in the possession of the
  748  supervisor of elections. An absentee ballot shall be considered
  749  illegal if the voter’s certificate or absentee ballot affidavit
  750  it does not include the signature of the elector, as shown by
  751  the registration records or the precinct register. However, an
  752  absentee ballot is shall not be considered illegal if the
  753  signature of the elector does not cross the seal of the mailing
  754  envelope. If the canvassing board determines that any ballot is
  755  illegal, a member of the board shall, without opening the
  756  envelope, mark across the face of the envelope: “rejected as
  757  illegal.” The absentee ballot affidavit, if applicable, the
  758  envelope, and the ballot contained therein shall be preserved in
  759  the manner that official ballots voted are preserved.
  760         2. If any elector or candidate present believes that an
  761  absentee ballot is illegal due to a defect apparent on the
  762  voter’s certificate or the absentee ballot affidavit, he or she
  763  may, at any time before the ballot is removed from the envelope,
  764  file with the canvassing board a protest against the canvass of
  765  that ballot, specifying the precinct, the ballot, and the reason
  766  he or she believes the ballot to be illegal. A challenge based
  767  upon a defect in the voter’s certificate or absentee ballot
  768  affidavit may not be accepted after the ballot has been removed
  769  from the mailing envelope.
  770         (d) The canvassing board shall record the ballot upon the
  771  proper record, unless the ballot has been previously recorded by
  772  the supervisor. The mailing envelopes shall be opened and the
  773  secrecy envelopes shall be mixed so as to make it impossible to
  774  determine which secrecy envelope came out of which signed
  775  mailing envelope; however, in any county in which an electronic
  776  or electromechanical voting system is used, the ballots may be
  777  sorted by ballot styles and the mailing envelopes may be opened
  778  and the secrecy envelopes mixed separately for each ballot
  779  style. The votes on absentee ballots shall be included in the
  780  total vote of the county.
  781         (4)(a) The supervisor of elections shall, on behalf of the
  782  county canvassing board, notify each elector whose ballot was
  783  rejected as illegal and provide the specific reason the ballot
  784  was rejected because of a difference between the elector’s
  785  signature on the ballot and that on the elector’s voter
  786  registration record. The supervisor shall mail a voter
  787  registration application to the elector to be completed
  788  indicating the elector’s current signature if the elector’s
  789  ballot was rejected due to a difference between the elector’s
  790  signature on the voter’s certificate or absentee ballot
  791  affidavit and the elector’s signature in the registration books
  792  or precinct register. This section does not prohibit the
  793  supervisor from providing additional methods for updating an
  794  elector’s signature.
  795         (b) Until 5 p.m. on the 2nd day before an election, the
  796  supervisor shall allow an elector who has returned an absentee
  797  ballot that does not include the elector’s signature to complete
  798  an affidavit in order to cure the unsigned absentee ballot.
  799         (c) The elector shall provide identification to the
  800  supervisor and must complete an absentee ballot affidavit in
  801  substantially the following form:
  802  
  803                      ABSENTEE BALLOT AFFIDAVIT                    
  804         I, ...., am a qualified voter in this election and
  805  registered voter of .... County, Florida. I do solemnly swear or
  806  affirm that I requested and returned the absentee ballot and
  807  that I have not and will not vote more than one ballot in this
  808  election. I understand that if I commit or attempt any fraud in
  809  connection with voting, vote a fraudulent ballot, or vote more
  810  than once in an election, I may be convicted of a felony of the
  811  third degree and fined up to $5,000 and imprisoned for up to 5
  812  years. I understand that my failure to sign this affidavit means
  813  that my absentee ballot will be invalidated.
  814  
  815  ...(Voter’s Signature)...
  816  
  817  ...(Address)...
  818  
  819         (d) Instructions must accompany the absentee ballot
  820  affidavit in substantially the following form:
  821  
  822         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  823  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  824  BALLOT NOT TO COUNT.
  825  
  826         1. In order to ensure that your absentee ballot will be
  827  counted, your affidavit should be completed and returned as soon
  828  as possible so that it can reach the supervisor of elections of
  829  the county in which your precinct is located no later than 5
  830  p.m. on the 2nd day before the election.
  831         2. You must sign your name on the line above (Voter’s
  832  Signature).
  833         3. You must make a copy of one of the following forms of
  834  identification:
  835         a. Identification that includes your name and photograph:
  836  United States passport; debit or credit card; military
  837  identification; student identification; retirement center
  838  identification; neighborhood association identification; or
  839  public assistance identification; or
  840         b. Identification that shows your name and current
  841  residence address: current utility bill, bank statement,
  842  government check, paycheck, or government document (excluding
  843  voter identification card).
  844         4. Place the envelope bearing the affidavit into a mailing
  845  envelope addressed to the supervisor. Insert a copy of your
  846  identification in the mailing envelope. Mail, deliver, or have
  847  delivered the completed affidavit along with the copy of your
  848  identification to your county supervisor of elections. Be sure
  849  there is sufficient postage if mailed and that the supervisor’s
  850  address is correct.
  851         5. Alternatively, you may fax or e-mail your completed
  852  affidavit and a copy of your identification to the supervisor of
  853  elections. If e-mailing, please provide these documents as
  854  attachments.
  855         (e) The department and each supervisor shall include the
  856  affidavit and instructions on their respective websites. The
  857  supervisor must include his or her office’s mailing address, e
  858  mail address, and fax number on the page containing the
  859  affidavit instructions; the department’s instruction page must
  860  include the office mailing addresses, e-mail addresses, and fax
  861  numbers of all supervisors of elections or provide a conspicuous
  862  link to such addresses.
  863         (f) The supervisor shall attach each affidavit received to
  864  the appropriate absentee ballot mailing envelope.
  865         Section 18. Subsection (2) of section 101.6923, Florida
  866  Statutes, is amended to read:
  867         101.6923 Special absentee ballot instructions for certain
  868  first-time voters.—
  869         (2) A voter covered by this section shall be provided with
  870  printed instructions with his or her absentee ballot in
  871  substantially the following form:
  872  
  873         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
  874         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
  875         YOUR BALLOT NOT TO COUNT.
  876  
  877         1. In order to ensure that your absentee ballot will be
  878  counted, it should be completed and returned as soon as possible
  879  so that it can reach the supervisor of elections of the county
  880  in which your precinct is located no later than 7 p.m. on the
  881  date of the election. However, if you are an overseas voter
  882  casting a ballot in a presidential preference primary or general
  883  election, your absentee ballot must be postmarked or signed and
  884  dated no later than the date of the election and received by the
  885  supervisor of elections of the county in which you are
  886  registered to vote no later than 10 days after the date of the
  887  election.
  888         2. Mark your ballot in secret as instructed on the ballot.
  889  You must mark your own ballot unless you are unable to do so
  890  because of blindness, disability, or inability to read or write.
  891         3. Mark only the number of candidates or issue choices for
  892  a race as indicated on the ballot. If you are allowed to “Vote
  893  for One” candidate and you vote for more than one, your vote in
  894  that race will not be counted.
  895         4. Place your marked ballot in the enclosed secrecy
  896  envelope and seal the envelope.
  897         5. Insert the secrecy envelope into the enclosed envelope
  898  bearing the Voter’s Certificate. Seal the envelope and
  899  completely fill out the Voter’s Certificate on the back of the
  900  envelope.
  901         a. You must sign your name on the line above (Voter’s
  902  Signature).
  903         b. If you are an overseas voter, you must include the date
  904  you signed the Voter’s Certificate on the line above (Date) or
  905  your ballot may not be counted.
  906         c. An absentee ballot will be considered illegal and will
  907  not be counted if the signature on the Voter’s Certificate does
  908  not match the signature on record. The signature on file at the
  909  start of the canvass of the absentee ballots is the signature
  910  that will be used to verify your signature on the Voter’s
  911  Certificate. If you need to update your signature for this
  912  election, send your signature update on a voter registration
  913  application to your supervisor of elections so that it is
  914  received no later than the start of canvassing of absentee
  915  ballots, which occurs no earlier than the 15th day before
  916  election day.
  917         6. Unless you meet one of the exemptions in Item 7., you
  918  must make a copy of one of the following forms of
  919  identification:
  920         a. Identification which must include your name and
  921  photograph: United States passport; debit or credit card;
  922  military identification; student identification; retirement
  923  center identification; neighborhood association identification;
  924  or public assistance identification; or
  925         b. Identification which shows your name and current
  926  residence address: current utility bill, bank statement,
  927  government check, paycheck, or government document (excluding
  928  voter identification card).
  929         7. The identification requirements of Item 6. do not apply
  930  if you meet one of the following requirements:
  931         a. You are 65 years of age or older.
  932         b. You have a temporary or permanent physical disability.
  933         c. You are a member of a uniformed service on active duty
  934  who, by reason of such active duty, will be absent from the
  935  county on election day.
  936         d. You are a member of the Merchant Marine who, by reason
  937  of service in the Merchant Marine, will be absent from the
  938  county on election day.
  939         e. You are the spouse or dependent of a member referred to
  940  in paragraph c. or paragraph d. who, by reason of the active
  941  duty or service of the member, will be absent from the county on
  942  election day.
  943         f. You are currently residing outside the United States.
  944         8. Place the envelope bearing the Voter’s Certificate into
  945  the mailing envelope addressed to the supervisor. Insert a copy
  946  of your identification in the mailing envelope. DO NOT PUT YOUR
  947  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
  948  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
  949  BALLOT WILL NOT COUNT.
  950         9. Mail, deliver, or have delivered the completed mailing
  951  envelope. Be sure there is sufficient postage if mailed.
  952         10. FELONY NOTICE. It is a felony under Florida law to
  953  accept any gift, payment, or gratuity in exchange for your vote
  954  for a candidate. It is also a felony under Florida law to vote
  955  in an election using a false identity or false address, or under
  956  any other circumstances making your ballot false or fraudulent.
  957         Section 19. Subsection (5) is added to section 101.6952,
  958  Florida Statutes, to read:
  959         101.6952 Absentee ballots for absent uniformed services and
  960  overseas voters.—
  961         (5) An absentee ballot from an overseas voter in any
  962  presidential preference primary or general election which is
  963  postmarked or signed and dated no later than the date of the
  964  election and is received by the supervisor of elections of the
  965  county in which the overseas voter is registered no later than
  966  10 days after the date of the election shall be counted as long
  967  as the absentee ballot is otherwise proper.
  968         Section 20. Paragraphs (a) and (b) of subsection (4) of
  969  section 102.031, Florida Statutes, are amended, and paragraph
  970  (d) is added to that subsection, to read:
  971         102.031 Maintenance of good order at polls; authorities;
  972  persons allowed in polling rooms and early voting areas;
  973  unlawful solicitation of voters.—
  974         (4)(a) No person, political committee, committee of
  975  continuous existence, or other group or organization may solicit
  976  voters inside the polling place or within 100 feet of the
  977  entrance to any polling place, a or polling room where the
  978  polling place is also a polling room, an or early voting site,
  979  or an office of the supervisor of elections where absentee
  980  ballots are requested and printed on demand for the convenience
  981  of electors who appear in person to request them. Before the
  982  opening of the polling place or early voting site, the clerk or
  983  supervisor shall designate the no-solicitation zone and mark the
  984  boundaries.
  985         (b) For the purpose of this subsection, the terms “solicit”
  986  or “solicitation” shall include, but not be limited to, seeking
  987  or attempting to seek any vote, fact, opinion, or contribution;
  988  distributing or attempting to distribute any political or
  989  campaign material, leaflet, or handout; conducting a poll except
  990  as specified in this paragraph; seeking or attempting to seek a
  991  signature on any petition; and selling or attempting to sell any
  992  item. The terms “solicit” or “solicitation” may shall not be
  993  construed to prohibit exit polling.
  994         (d) Except as provided in paragraph (a), the supervisor may
  995  not designate a no-solicitation zone or otherwise restrict
  996  access to any person, political committee, committee of
  997  continuous existence, candidate, or other group or organization
  998  for the purposes of soliciting voters. This paragraph applies to
  999  any public or private property used as a polling place or early
 1000  voting site.
 1001         Section 21. Subsections (1) and (4) of section 102.141,
 1002  Florida Statutes, are amended to read:
 1003         102.141 County canvassing board; duties.—
 1004         (1) The county canvassing board shall be composed of the
 1005  supervisor of elections; a county court judge, who shall act as
 1006  chair; and the chair of the board of county commissioners.
 1007  Alternate canvassing board members must be appointed pursuant to
 1008  paragraph (e). In the event any member of the county canvassing
 1009  board is unable to serve, is a candidate who has opposition in
 1010  the election being canvassed, or is an active participant in the
 1011  campaign or candidacy of any candidate who has opposition in the
 1012  election being canvassed, such member shall be replaced as
 1013  follows:
 1014         (a) If no county court judge is able to serve or if all are
 1015  disqualified, the chief judge of the judicial circuit in which
 1016  the county is located shall appoint as a substitute member a
 1017  qualified elector of the county who is not a candidate with
 1018  opposition in the election being canvassed and who is not an
 1019  active participant in the campaign or candidacy of any candidate
 1020  with opposition in the election being canvassed. In such event,
 1021  the members of the county canvassing board shall meet and elect
 1022  a chair.
 1023         (b) If the supervisor of elections is unable to serve or is
 1024  disqualified, the chair of the board of county commissioners
 1025  shall appoint as a substitute member a member of the board of
 1026  county commissioners who is not a candidate with opposition in
 1027  the election being canvassed and who is not an active
 1028  participant in the campaign or candidacy of any candidate with
 1029  opposition in the election being canvassed. The supervisor,
 1030  however, shall act in an advisory capacity to the canvassing
 1031  board.
 1032         (c) If the chair of the board of county commissioners is
 1033  unable to serve or is disqualified, the board of county
 1034  commissioners shall appoint as a substitute member one of its
 1035  members who is not a candidate with opposition in the election
 1036  being canvassed and who is not an active participant in the
 1037  campaign or candidacy of any candidate with opposition in the
 1038  election being canvassed.
 1039         (d) If a substitute member or alternate member cannot be
 1040  appointed as provided elsewhere in this subsection, or in the
 1041  event of a vacancy in such office, the chief judge of the
 1042  judicial circuit in which the county is located shall appoint as
 1043  a substitute member or alternate member a qualified elector of
 1044  the county who is not a candidate with opposition in the
 1045  election being canvassed and who is not an active participant in
 1046  the campaign or candidacy of any candidate with opposition in
 1047  the election being canvassed.
 1048         (e)1. The chief judge of the judicial circuit in which the
 1049  county is located shall appoint a county court judge as an
 1050  alternate member of the county canvassing board or, if each
 1051  county court judge is unable to serve or is disqualified, shall
 1052  appoint an alternate member who is qualified to serve as a
 1053  substitute member under paragraph (a).
 1054         2. The chair of the board of county commissioners shall
 1055  appoint a member of the board of county commissioners as an
 1056  alternate member of the county canvassing board or, if each
 1057  member of the board of county commissioners is unable to serve
 1058  or is disqualified, shall appoint an alternate member who is
 1059  qualified to serve as a substitute member under paragraph (d).
 1060         3. If a member of the county canvassing board is unable to
 1061  participate in a meeting of the board, the chair of the county
 1062  canvassing board or his or her designee shall designate which
 1063  alternate member will serve as a member of the board in the
 1064  place of the member who is unable to participate at that
 1065  meeting.
 1066         4. If not serving as one of the three members of the county
 1067  canvassing board, an alternate member may be present, observe,
 1068  and communicate with the three members constituting the county
 1069  canvassing board, but may not vote in the board’s decisions or
 1070  determinations.
 1071         (4)(a) The supervisor of elections shall upload into the
 1072  county’s election management system by 7 p.m. on the day before
 1073  the election the results of all early voting and absentee
 1074  ballots that have been canvassed and tabulated by the end of the
 1075  early voting period. Pursuant to ss. 101.5614(9), 101.657, and
 1076  101.68(2), the tabulation of votes cast or the results of such
 1077  uploads may not be made public before the close of the polls on
 1078  election day.
 1079         (b) The canvassing board shall report all early voting and
 1080  all tabulated absentee results to the Department of State within
 1081  30 minutes after the polls close. Thereafter, the canvassing
 1082  board shall report, with the exception of provisional ballot
 1083  results, updated precinct election results to the department at
 1084  least every 45 minutes until all results are completely
 1085  reported. The supervisor of elections shall notify the
 1086  department immediately of any circumstances that do not permit
 1087  periodic updates as required. Results shall be submitted in a
 1088  format prescribed by the department.
 1089         Section 22. Effective January 1, 2014, section 104.0616,
 1090  Florida Statutes, is amended to read:
 1091         104.0616 Absentee ballots and voting; violations.—
 1092         (1) For purposes of this section, the term “immediate
 1093  family” means a person’s spouse or the parent, child,
 1094  grandparent, or sibling of the person or the person’s spouse.
 1095         (2) Any person who provides or offers to provide, and any
 1096  person who accepts, a pecuniary or other benefit in exchange for
 1097  distributing, ordering, requesting, collecting, delivering, or
 1098  otherwise physically possessing more than two absentee ballots
 1099  per election in addition to his or her own ballot or a ballot
 1100  belonging to an immediate family member, with intent to alter,
 1101  change, modify, or erase any vote on the absentee ballot, except
 1102  as provided in ss. 101.6105-101.695, commits a felony of the
 1103  third degree, punishable as provided in s. 775.082, s. 775.083,
 1104  or s. 775.084.
 1105         Section 23. Except as otherwise expressly provided in this
 1106  act, this act shall take effect July 1, 2013.
 1107  
 1108  ================= T I T L E  A M E N D M E N T ================
 1109         And the title is amended as follows:
 1110         Delete everything before the enacting clause
 1111  and insert:
 1112                        A bill to be entitled                      
 1113         An act relating to elections; amending s. 97.012,
 1114         F.S.; expanding the list of responsibilities of the
 1115         Secretary of State when acting in his or her capacity
 1116         as chief election officer; amending s. 97.0555, F.S.;
 1117         revising qualifications for late voter registration;
 1118         amending s. 97.061, F.S.; revising restrictions
 1119         relating to electors requiring assistance; prohibiting
 1120         an individual from providing assistance to more than
 1121         10 electors during any election; creating s. 98.025,
 1122         F.S.; authorizing the Secretary of State to place a
 1123         supervisor of elections in noncompliant status under
 1124         specified conditions; requiring the secretary to
 1125         submit a written decision of placing or removing a
 1126         supervisor in noncompliant status with specified
 1127         persons; providing that a supervisor in noncompliant
 1128         status is not entitled to receive the special
 1129         qualification salary; providing requirements to remove
 1130         a supervisor from noncompliant status; requiring the
 1131         secretary to provide written notice to the Governor if
 1132         a supervisor has been in noncompliant status for 3
 1133         consecutive years; amending s. 100.061, F.S.;
 1134         decreasing the time period between a primary election
 1135         and a general election; amending s. 101.045, F.S.;
 1136         authorizing an elector to vote at the polling place in
 1137         the precinct to which he or she has moved if such
 1138         county uses an electronic database as a precinct
 1139         register; amending s. 101.051, F.S.; revising
 1140         restrictions relating to electors requiring assistance
 1141         in casting ballots; prohibiting an individual from
 1142         providing assistance to more than 10 electors during
 1143         any election; amending s. 101.161, F.S.; providing a
 1144         limitation on the number of words for certain ballot
 1145         summaries in joint resolutions proposed by the
 1146         Legislature; deleting a provision providing that a
 1147         ballot statement consisting of the full text of a
 1148         constitutional amendment or revision is presumed to be
 1149         a clear and unambiguous statement; amending s.
 1150         101.5605, F.S.; requiring a person to provide the
 1151         name, mailing address, and telephone number of a
 1152         registered agent of a voting systems vendor to the
 1153         Department of State under certain circumstances;
 1154         providing that proof of delivery or attempt to deliver
 1155         constitutes valid notice; creating s. 101.56065, F.S.;
 1156         providing definitions; requiring a vendor to file a
 1157         written disclosure with the department; providing
 1158         requirements for the disclosure; providing what
 1159         constitutes a cure of a defect; requiring a vendor to
 1160         file a new disclosure with the department if a vendor
 1161         becomes aware of a defect within a specified period;
 1162         authorizing the department to suspend all sales or
 1163         leases or use in an election of a defective voting
 1164         system; providing procedures for the suspension of
 1165         voting systems; authorizing the department to withdraw
 1166         approval of voting systems under certain
 1167         circumstances; authorizing the department to initiate
 1168         an investigation of a defective voting system;
 1169         establishing procedures and requirements of
 1170         investigations; providing a penalty; amending s.
 1171         101.56075, F.S.; revising the date that persons with
 1172         disabilities must vote with voter interface devices;
 1173         removing the requirement that all voting systems used
 1174         by voters in a state election allow placement of the
 1175         full text of a constitutional amendment or revision
 1176         containing stricken or underlined text by a specified
 1177         date; amending s. 101.591, F.S.; authorizing use of
 1178         automated, independent audits of voting systems;
 1179         providing audit requirements; requiring the Division
 1180         of Elections to adopt rules; amending s. 101.62, F.S.;
 1181         revising the requirements for a valid absentee ballot
 1182         request; requiring the supervisor to record the
 1183         absence of the voter’s signature on the voter’s
 1184         certificate under specified circumstances; prohibiting
 1185         the supervisor from providing an absentee ballot on
 1186         the day of an election under certain circumstances;
 1187         requiring a person who requests an absentee ballot to
 1188         complete an affidavit under certain circumstances;
 1189         amending s. 101.65, F.S.; revising the instructions to
 1190         absent electors; amending s. 101.657, F.S.; revising
 1191         the list of permissible sites available for early
 1192         voting; authorizing the supervisor to designate one
 1193         additional early voting site per election; providing
 1194         requirements; requiring each county to operate at
 1195         least the same number of early voting sites for a
 1196         general election as used for the 2012 general
 1197         election; revising the number of days and hours for
 1198         early voting; amending s. 101.67, F.S.; conforming a
 1199         provision to changes made by the act; amending s.
 1200         101.68, F.S., and reenacting subsection (2), relating
 1201         to the canvassing of absentee ballots; authorizing the
 1202         supervisor to use the elector’s signature in a
 1203         precinct register to compare with the elector’s
 1204         signature on the voter’s certificate; requiring the
 1205         supervisor to provide the elector with the specific
 1206         reason his or her ballot was rejected; requiring the
 1207         supervisor to allow electors to complete an affidavit
 1208         to cure an unsigned absentee ballot before a specified
 1209         time; providing the form and contents of the
 1210         affidavit; providing instructions to accompany each
 1211         absentee ballot affidavit; requiring the affidavit,
 1212         instructions, and the supervisor’s office mailing
 1213         address to be posted on certain websites; requiring
 1214         the supervisor to attach a received affidavit to the
 1215         appropriate absentee ballot mailing envelope; amending
 1216         s. 101.6923, F.S.; revising special absentee ballot
 1217         instructions; amending s. 101.6952, F.S.; providing
 1218         that absentee ballots received from overseas voters in
 1219         certain elections may be received up to 10 days after
 1220         the date of the election; amending s. 102.031, F.S.;
 1221         revising restrictions relating to the solicitation of
 1222         voters; amending s. 102.141, F.S.; revising methods of
 1223         selecting canvassing board members; requiring a
 1224         supervisor to upload certain canvassed election
 1225         results into a county’s election management system
 1226         prior to the election; prohibiting public disclosure
 1227         of uploaded results before the close of the polls on
 1228         election day; amending s. 104.0616, F.S.; providing a
 1229         definition for the term “immediate family”;
 1230         prohibiting possession of more than two absentee
 1231         ballots under certain circumstances; providing
 1232         effective dates.
 1233