ENROLLED
       2016 Legislature                                          SB 112
       
       
       
       
       
       
                                                              2016112er
    1  
    2         An act relating to absentee voting; amending ss.
    3         97.012, 97.021, 97.026, 98.065, 98.077, 98.0981,
    4         98.255, 100.025, 101.051, 101.151, 101.5612, 101.5614,
    5         101.572, 101.591, 101.6105, 101.62, 101.64, 101.65,
    6         101.655, 101.661, 101.662, 101.663, 101.67, 101.68,
    7         101.69, 101.6921, 101.6923, 101.6925, 101.694,
    8         101.6951, 101.6952, 101.697, 102.031, 102.141,
    9         102.168, 104.047, 104.0515, 104.0616, 104.17, 117.05,
   10         394.459, 741.406, and 916.107, F.S.; replacing the
   11         term “absentee ballot” with the term “vote-by-mail
   12         ballot”; conforming terminology to changes made by the
   13         act; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (13) of section 97.012, Florida
   18  Statutes, is amended to read:
   19         97.012 Secretary of State as chief election officer.—The
   20  Secretary of State is the chief election officer of the state,
   21  and it is his or her responsibility to:
   22         (13) Designate an office within the department to be
   23  responsible for providing information regarding voter
   24  registration procedures and vote-by-mail absentee ballot
   25  procedures to absent uniformed services voters and overseas
   26  voters.
   27         Section 2. Subsections (1) and (13) of section 97.021,
   28  Florida Statutes, are amended to read:
   29         97.021 Definitions.—For the purposes of this code, except
   30  where the context clearly indicates otherwise, the term:
   31         (1) “Absent elector” means any registered and qualified
   32  voter who casts a vote-by-mail an absentee ballot.
   33         (13) “Election costs” shall include, but not be limited to,
   34  expenditures for all paper supplies such as envelopes,
   35  instructions to voters, affidavits, reports, ballot cards,
   36  ballot booklets for vote-by-mail absentee voters, postage,
   37  notices to voters; advertisements for registration book
   38  closings, testing of voting equipment, sample ballots, and
   39  polling places; forms used to qualify candidates; polling site
   40  rental and equipment delivery and pickup; data processing time
   41  and supplies; election records retention; and labor costs,
   42  including those costs uniquely associated with vote-by-mail
   43  absentee ballot preparation, poll workers, and election night
   44  canvass.
   45         Section 3. Section 97.026, Florida Statutes, is amended to
   46  read:
   47         97.026 Forms to be available in alternative formats and via
   48  the Internet.—It is the intent of the Legislature that all forms
   49  required to be used in chapters 97-106 shall be made available
   50  upon request, in alternative formats. Such forms shall include
   51  vote-by-mail absentee ballots as alternative formats for such
   52  ballots become available and the Division of Elections is able
   53  to certify systems that provide them. Whenever possible, such
   54  forms, with the exception of vote-by-mail absentee ballots,
   55  shall be made available by the Department of State via the
   56  Internet. Sections that contain such forms include, but are not
   57  limited to, ss. 97.051, 97.052, 97.053, 97.057, 97.058, 97.0583,
   58  97.071, 97.073, 97.1031, 98.075, 99.021, 100.361, 100.371,
   59  101.045, 101.171, 101.20, 101.6103, 101.62, 101.64, 101.65,
   60  101.657, 105.031, 106.023, and 106.087.
   61         Section 4. Paragraph (c) of subsection (4) of section
   62  98.065, Florida Statutes, is amended to read:
   63         98.065 Registration list maintenance programs.—
   64         (4)
   65         (c) The supervisor must designate as inactive all voters
   66  who have been sent an address confirmation final notice and who
   67  have not returned the postage prepaid, preaddressed return form
   68  within 30 days or for which the final notice has been returned
   69  as undeliverable. Names on the inactive list may not be used to
   70  calculate the number of signatures needed on any petition. A
   71  voter on the inactive list may be restored to the active list of
   72  voters upon the voter updating his or her registration,
   73  requesting a vote-by-mail an absentee ballot, or appearing to
   74  vote. However, if the voter does not update his or her voter
   75  registration information, request a vote-by-mail an absentee
   76  ballot, or vote by the second general election after being
   77  placed on the inactive list, the voter’s name shall be removed
   78  from the statewide voter registration system and the voter shall
   79  be required to reregister to have his or her name restored to
   80  the statewide voter registration system.
   81         Section 5. Subsection (4) of section 98.077, Florida
   82  Statutes, is amended to read:
   83         98.077 Update of voter signature.—
   84         (4) All signature updates for use in verifying vote-by-mail
   85  absentee and provisional ballots must be received by the
   86  appropriate supervisor of elections no later than the start of
   87  the canvassing of vote-by-mail absentee ballots by the
   88  canvassing board. The signature on file at the start of the
   89  canvass of the vote-by-mail absentee ballots is the signature
   90  that shall be used in verifying the signature on the vote-by
   91  mail absentee and provisional ballot certificates.
   92         Section 6. Paragraphs (b) and (d) of subsection (1) and
   93  paragraph (a) of subsection (2) of section 98.0981, Florida
   94  Statutes, are amended to read:
   95         98.0981 Reports; voting history; statewide voter
   96  registration system information; precinct-level election
   97  results; book closing statistics.—
   98         (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
   99  INFORMATION.—
  100         (b) After receipt of the information in paragraph (a), the
  101  department shall prepare a report in electronic format which
  102  contains the following information, separately compiled for the
  103  primary and general election for all voters qualified to vote in
  104  either election:
  105         1. The unique identifier assigned to each qualified voter
  106  within the statewide voter registration system;
  107         2. All information provided by each qualified voter on his
  108  or her voter registration application pursuant to s. 97.052(2),
  109  except that which is confidential or exempt from public records
  110  requirements;
  111         3. Each qualified voter’s date of registration;
  112         4. Each qualified voter’s current state representative
  113  district, state senatorial district, and congressional district,
  114  assigned by the supervisor of elections;
  115         5. Each qualified voter’s current precinct; and
  116         6. Voting history as transmitted under paragraph (a) to
  117  include whether the qualified voter voted at a precinct
  118  location, voted during the early voting period, voted by vote
  119  by-mail absentee ballot, attempted to vote by vote-by-mail
  120  absentee ballot that was not counted, attempted to vote by
  121  provisional ballot that was not counted, or did not vote.
  122         (d) File specifications are as follows:
  123         1. The file shall contain records designated by the
  124  categories below for all qualified voters who, regardless of the
  125  voter’s county of residence or active or inactive registration
  126  status at the book closing for the corresponding election that
  127  the file is being created for:
  128         a. Voted a regular ballot at a precinct location.
  129         b. Voted at a precinct location using a provisional ballot
  130  that was subsequently counted.
  131         c. Voted a regular ballot during the early voting period.
  132         d. Voted during the early voting period using a provisional
  133  ballot that was subsequently counted.
  134         e. Voted by vote-by-mail absentee ballot.
  135         f. Attempted to vote by vote-by-mail absentee ballot, but
  136  the ballot was not counted.
  137         g. Attempted to vote by provisional ballot, but the ballot
  138  was not counted in that election.
  139         2. Each file shall be created or converted into a tab
  140  delimited format.
  141         3. File names shall adhere to the following convention:
  142         a. Three-character county identifier as established by the
  143  department followed by an underscore.
  144         b. Followed by four-character file type identifier of
  145  ‘VH03’ followed by an underscore.
  146         c. Followed by FVRS election ID followed by an underscore.
  147         d. Followed by Date Created followed by an underscore.
  148         e. Date format is YYYYMMDD.
  149         f. Followed by Time Created - HHMMSS.
  150         g. Followed by “.txt”.
  151         4. Each record shall contain the following columns: Record
  152  Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
  153  Date, Vote History Code, Precinct, Congressional District, House
  154  District, Senate District, County Commission District, and
  155  School Board District.
  156         (2) PRECINCT-LEVEL ELECTION RESULTS.—
  157         (a) Within 30 days after certification by the Elections
  158  Canvassing Commission of a presidential preference primary
  159  election, special election, primary election, or general
  160  election, the supervisors of elections shall collect and submit
  161  to the department precinct-level election results for the
  162  election in a uniform electronic format specified by paragraph
  163  (c). The precinct-level election results shall be compiled
  164  separately for the primary or special primary election that
  165  preceded the general or special general election, respectively.
  166  The results shall specifically include for each precinct the
  167  total of all ballots cast for each candidate or nominee to fill
  168  a national, state, county, or district office or proposed
  169  constitutional amendment, with subtotals for each candidate and
  170  ballot type, unless fewer than 10 voters voted a ballot type.
  171  “All ballots cast” means ballots cast by voters who cast a
  172  ballot whether at a precinct location, by vote-by-mail absentee
  173  ballot including overseas vote-by-mail absentee ballots, during
  174  the early voting period, or by provisional ballot.
  175         Section 7. Subsection (1) of section 98.255, Florida
  176  Statutes, is amended to read:
  177         98.255 Voter education programs.—
  178         (1) The Department of State shall adopt rules prescribing
  179  minimum standards for nonpartisan voter education. The standards
  180  shall, at a minimum, address:
  181         (a) Voter registration;
  182         (b) Balloting procedures, by mail absentee and polling
  183  place;
  184         (c) Voter rights and responsibilities;
  185         (d) Distribution of sample ballots; and
  186         (e) Public service announcements.
  187         Section 8. Section 100.025, Florida Statutes, is amended to
  188  read:
  189         100.025 Citizens residing overseas; notice of elections.—A
  190  citizen of this state who is residing overseas may notify the
  191  supervisor of elections in the county where he or she is
  192  registered of his or her overseas address; and, thereafter, the
  193  supervisor shall notify such citizen at least 90 days prior to
  194  regular primary and general elections and when possible prior to
  195  any special election so that such citizen may follow the
  196  procedures for absentee voting by mail provided by law.
  197         Section 9. Subsection (3) of section 101.051, Florida
  198  Statutes, is amended to read:
  199         101.051 Electors seeking assistance in casting ballots;
  200  oath to be executed; forms to be furnished.—
  201         (3) Any elector applying to cast a vote-by-mail an absentee
  202  ballot in the office of the supervisor, in any election, who
  203  requires assistance to vote by reason of blindness, disability,
  204  or inability to read or write may request the assistance of some
  205  person of his or her own choice, other than the elector’s
  206  employer, an agent of the employer, or an officer or agent of
  207  his or her union, in casting his or her vote-by-mail absentee
  208  ballot.
  209         Section 10. Paragraph (b) of subsection (1) of section
  210  101.151, Florida Statutes, is amended to read:
  211         101.151 Specifications for ballots.—
  212         (1)
  213         (b) Early voting sites may employ a ballot-on-demand
  214  production system to print individual marksense ballots,
  215  including provisional ballots, for eligible electors pursuant to
  216  s. 101.657. Ballot-on-demand technology may be used to produce
  217  marksense vote-by-mail absentee and election-day ballots.
  218         Section 11. Subsection (3) of section 101.5612, Florida
  219  Statutes, is amended to read:
  220         101.5612 Testing of tabulating equipment.—
  221         (3) For electronic or electromechanical voting systems
  222  configured to tabulate vote-by-mail absentee ballots at a
  223  central or regional site, the public testing shall be conducted
  224  by processing a preaudited group of ballots so produced as to
  225  record a predetermined number of valid votes for each candidate
  226  and on each measure and to include one or more ballots for each
  227  office which have activated voting positions in excess of the
  228  number allowed by law in order to test the ability of the
  229  automatic tabulating equipment to reject such votes. If any
  230  error is detected, the cause therefor shall be corrected and an
  231  errorless count shall be made before the automatic tabulating
  232  equipment is approved. The test shall be repeated and errorless
  233  results achieved immediately before the start of the official
  234  count of the ballots and again after the completion of the
  235  official count. The programs and ballots used for testing shall
  236  be sealed and retained under the custody of the county
  237  canvassing board.
  238         Section 12. Paragraph (a) of subsection (5) and subsections
  239  (7) and (8) of section 101.5614, Florida Statutes, are amended
  240  to read:
  241         101.5614 Canvass of returns.—
  242         (5)(a) If any vote-by-mail absentee ballot is physically
  243  damaged so that it cannot properly be counted by the automatic
  244  tabulating equipment, a true duplicate copy shall be made of the
  245  damaged ballot in the presence of witnesses and substituted for
  246  the damaged ballot. Likewise, a duplicate ballot shall be made
  247  of a vote-by-mail an absentee ballot containing an overvoted
  248  race or a marked vote-by-mail absentee ballot in which every
  249  race is undervoted which shall include all valid votes as
  250  determined by the canvassing board based on rules adopted by the
  251  division pursuant to s. 102.166(4). All duplicate ballots shall
  252  be clearly labeled “duplicate,” bear a serial number which shall
  253  be recorded on the defective ballot, and be counted in lieu of
  254  the defective ballot. After a ballot has been duplicated, the
  255  defective ballot shall be placed in an envelope provided for
  256  that purpose, and the duplicate ballot shall be tallied with the
  257  other ballots for that precinct.
  258         (7) Vote-by-mail Absentee ballots may be counted by
  259  automatic tabulating equipment if they have been marked in a
  260  manner which will enable them to be properly counted by such
  261  equipment.
  262         (8) The return printed by the automatic tabulating
  263  equipment, to which has been added the return of write-in, vote
  264  by-mail absentee, and manually counted votes and votes from
  265  provisional ballots, shall constitute the official return of the
  266  election upon certification by the canvassing board. Upon
  267  completion of the count, the returns shall be open to the
  268  public. A copy of the returns may be posted at the central
  269  counting place or at the office of the supervisor of elections
  270  in lieu of the posting of returns at individual precincts.
  271         Section 13. Section 101.572, Florida Statutes, is amended
  272  to read:
  273         101.572 Public inspection of ballots.—The official ballots
  274  and ballot cards received from election boards and removed from
  275  vote-by-mail absentee ballot mailing envelopes shall be open for
  276  public inspection or examination while in the custody of the
  277  supervisor of elections or the county canvassing board at any
  278  reasonable time, under reasonable conditions; however, no
  279  persons other than the supervisor of elections or his or her
  280  employees or the county canvassing board shall handle any
  281  official ballot or ballot card. If the ballots are being
  282  examined prior to the end of the contest period in s. 102.168,
  283  the supervisor of elections shall make a reasonable effort to
  284  notify all candidates whose names appear on such ballots or
  285  ballot cards by telephone or otherwise of the time and place of
  286  the inspection or examination. All such candidates, or their
  287  representatives, shall be allowed to be present during the
  288  inspection or examination.
  289         Section 14. Paragraphs (a) and (b) of subsection (2) of
  290  section 101.591, Florida Statutes, are amended to read:
  291         101.591 Voting system audit.—
  292         (2)(a) A manual audit shall consist of a public manual
  293  tally of the votes cast in one randomly selected race that
  294  appears on the ballot. The tally sheet shall include election
  295  day, vote-by-mail absentee, early voting, provisional, and
  296  overseas ballots, in at least 1 percent but no more than 2
  297  percent of the precincts chosen at random by the county
  298  canvassing board or the local board responsible for certifying
  299  the election. If 1 percent of the precincts is less than one
  300  entire precinct, the audit shall be conducted using at least one
  301  precinct chosen at random by the county canvassing board or the
  302  local board responsible for certifying the election. Such
  303  precincts shall be selected at a publicly noticed canvassing
  304  board meeting.
  305         (b) An automated audit shall consist of a public automated
  306  tally of the votes cast across every race that appears on the
  307  ballot. The tally sheet shall include election day, vote-by-mail
  308  absentee, early voting, provisional, and overseas ballots in at
  309  least 20 percent of the precincts chosen at random by the county
  310  canvassing board or the local board responsible for certifying
  311  the election. Such precincts shall be selected at a publicly
  312  noticed canvassing board meeting.
  313         Section 15. Section 101.6105, Florida Statutes, is amended
  314  to read:
  315         101.6105 Vote-by-mail Absentee voting.—The provisions of
  316  the election code relating to vote-by-mail absentee voting and
  317  vote-by-mail absentee ballots shall apply to elections under ss.
  318  101.6101-101.6107 only insofar as they do not conflict with the
  319  provisions of ss. 101.6101-101.6107.
  320         Section 16. Section 101.62, Florida Statutes, is amended to
  321  read:
  322         101.62 Request for vote-by-mail absentee ballots.—
  323         (1)(a) The supervisor shall accept a request for a vote-by
  324  mail an absentee ballot from an elector in person or in writing.
  325  One request shall be deemed sufficient to receive a vote-by-mail
  326  an absentee ballot for all elections through the end of the
  327  calendar year of the second ensuing regularly scheduled general
  328  election, unless the elector or the elector’s designee indicates
  329  at the time the request is made the elections for which the
  330  elector desires to receive a vote-by-mail an absentee ballot.
  331  Such request may be considered canceled when any first-class
  332  mail sent by the supervisor to the elector is returned as
  333  undeliverable.
  334         (b) The supervisor may accept a written or telephonic
  335  request for a vote-by-mail an absentee ballot to be mailed to an
  336  elector’s address on file in the Florida Voter Registration
  337  System from the elector, or, if directly instructed by the
  338  elector, a member of the elector’s immediate family, or the
  339  elector’s legal guardian; if the ballot is requested to be
  340  mailed to an address other than the elector’s address on file in
  341  the Florida Voter Registration System, the request must be made
  342  in writing and signed by the elector. However, an absent
  343  uniformed service voter or an overseas voter seeking a vote-by
  344  mail an absentee ballot is not required to submit a signed,
  345  written request for a vote-by-mail an absentee ballot that is
  346  being mailed to an address other than the elector’s address on
  347  file in the Florida Voter Registration System. For purposes of
  348  this section, the term “immediate family” has the same meaning
  349  as specified in paragraph (4)(c). The person making the request
  350  must disclose:
  351         1. The name of the elector for whom the ballot is
  352  requested.
  353         2. The elector’s address.
  354         3. The elector’s date of birth.
  355         4. The requester’s name.
  356         5. The requester’s address.
  357         6. The requester’s driver license number, if available.
  358         7. The requester’s relationship to the elector.
  359         8. The requester’s signature (written requests only).
  360         (c) Upon receiving a request for a vote-by-mail an absentee
  361  ballot from an absent voter, the supervisor of elections shall
  362  notify the voter of the free access system that has been
  363  designated by the department for determining the status of his
  364  or her vote-by-mail absentee ballot.
  365         (2) A request for a vote-by-mail an absentee ballot to be
  366  mailed to a voter must be received no later than 5 p.m. on the
  367  sixth day before the election by the supervisor of elections.
  368  The supervisor of elections shall mail vote-by-mail absentee
  369  ballots to voters requesting ballots by such deadline no later
  370  than 4 days before the election.
  371         (3) For each request for a vote-by-mail an absentee ballot
  372  received, the supervisor shall record the date the request was
  373  made, the date the vote-by-mail absentee ballot was delivered to
  374  the voter or the voter’s designee or the date the vote-by-mail
  375  absentee ballot was delivered to the post office or other
  376  carrier, the date the ballot was received by the supervisor, the
  377  absence of the voter’s signature on the voter’s certificate, if
  378  applicable, and such other information he or she may deem
  379  necessary. This information shall be provided in electronic
  380  format as provided by rule adopted by the division. The
  381  information shall be updated and made available no later than 8
  382  a.m. of each day, including weekends, beginning 60 days before
  383  the primary until 15 days after the general election and shall
  384  be contemporaneously provided to the division. This information
  385  shall be confidential and exempt from s. 119.07(1) and shall be
  386  made available to or reproduced only for the voter requesting
  387  the ballot, a canvassing board, an election official, a
  388  political party or official thereof, a candidate who has filed
  389  qualification papers and is opposed in an upcoming election, and
  390  registered political committees for political purposes only.
  391         (4)(a) No later than 45 days before each presidential
  392  preference primary election, primary election, and general
  393  election, the supervisor of elections shall send a vote-by-mail
  394  an absentee ballot as provided in subparagraph (c)2. to each
  395  absent uniformed services voter and to each overseas voter who
  396  has requested a vote-by-mail an absentee ballot.
  397         (b) The supervisor of elections shall mail a vote-by-mail
  398  an absentee ballot to each absent qualified voter, other than
  399  those listed in paragraph (a), who has requested such a ballot,
  400  between the 35th and 28th days before the presidential
  401  preference primary election, primary election, and general
  402  election. Except as otherwise provided in subsection (2) and
  403  after the period described in this paragraph, the supervisor
  404  shall mail vote-by-mail absentee ballots within 2 business days
  405  after receiving a request for such a ballot.
  406         (c) The supervisor shall provide a vote-by-mail an absentee
  407  ballot to each elector by whom a request for that ballot has
  408  been made by one of the following means:
  409         1. By nonforwardable, return-if-undeliverable mail to the
  410  elector’s current mailing address on file with the supervisor or
  411  any other address the elector specifies in the request.
  412         2. By forwardable mail, e-mail, or facsimile machine
  413  transmission to absent uniformed services voters and overseas
  414  voters. The absent uniformed services voter or overseas voter
  415  may designate in the vote-by-mail absentee ballot request the
  416  preferred method of transmission. If the voter does not
  417  designate the method of transmission, the vote-by-mail absentee
  418  ballot shall be mailed.
  419         3. By personal delivery before 7 p.m. on election day to
  420  the elector, upon presentation of the identification required in
  421  s. 101.043.
  422         4. By delivery to a designee on election day or up to 5
  423  days prior to the day of an election. Any elector may designate
  424  in writing a person to pick up the ballot for the elector;
  425  however, the person designated may not pick up more than two
  426  vote-by-mail absentee ballots per election, other than the
  427  designee’s own ballot, except that additional ballots may be
  428  picked up for members of the designee’s immediate family. For
  429  purposes of this section, “immediate family” means the
  430  designee’s spouse or the parent, child, grandparent, or sibling
  431  of the designee or of the designee’s spouse. The designee shall
  432  provide to the supervisor the written authorization by the
  433  elector and a picture identification of the designee and must
  434  complete an affidavit. The designee shall state in the affidavit
  435  that the designee is authorized by the elector to pick up that
  436  ballot and shall indicate if the elector is a member of the
  437  designee’s immediate family and, if so, the relationship. The
  438  department shall prescribe the form of the affidavit. If the
  439  supervisor is satisfied that the designee is authorized to pick
  440  up the ballot and that the signature of the elector on the
  441  written authorization matches the signature of the elector on
  442  file, the supervisor shall give the ballot to that designee for
  443  delivery to the elector.
  444         5. Except as provided in s. 101.655, the supervisor may not
  445  deliver a vote-by-mail an absentee ballot to an elector or an
  446  elector’s immediate family member on the day of the election
  447  unless there is an emergency, to the extent that the elector
  448  will be unable to go to his or her assigned polling place. If a
  449  vote-by-mail an absentee ballot is delivered, the elector or his
  450  or her designee shall execute an affidavit affirming to the
  451  facts which allow for delivery of the vote-by-mail absentee
  452  ballot. The department shall adopt a rule providing for the form
  453  of the affidavit.
  454         (5) If the department is unable to certify candidates for
  455  an election in time to comply with paragraph (4)(a), the
  456  Department of State is authorized to prescribe rules for a
  457  ballot to be sent to absent uniformed services voters and
  458  overseas voters.
  459         (6) Only Nothing other than the materials necessary to vote
  460  by mail may absentee shall be mailed or delivered with any vote
  461  by-mail absentee ballot.
  462         Section 17. Subsections (1) and (4) of section 101.64,
  463  Florida Statutes, are amended to read:
  464         101.64 Delivery of vote-by-mail absentee ballots;
  465  envelopes; form.—
  466         (1) The supervisor shall enclose with each vote-by-mail
  467  absentee ballot two envelopes: a secrecy envelope, into which
  468  the absent elector shall enclose his or her marked ballot; and a
  469  mailing envelope, into which the absent elector shall then place
  470  the secrecy envelope, which shall be addressed to the supervisor
  471  and also bear on the back side a certificate in substantially
  472  the following form:
  473  
  474           Note: Please Read Instructions Carefully Before         
  475         Marking Ballot and Completing Voter’s Certificate.        
  476  
  477                         VOTER’S CERTIFICATE                       
  478         I, ...., do solemnly swear or affirm that I am a qualified
  479  and registered voter of .... County, Florida, and that I have
  480  not and will not vote more than one ballot in this election. I
  481  understand that if I commit or attempt to commit any fraud in
  482  connection with voting, vote a fraudulent ballot, or vote more
  483  than once in an election, I can be convicted of a felony of the
  484  third degree and fined up to $5,000 and/or imprisoned for up to
  485  5 years. I also understand that failure to sign this certificate
  486  will invalidate my ballot.
  487  
  488  ...(Date)...                           ...(Voter’s Signature)...
  489  
  490         (4) The supervisor shall mark, code, indicate on, or
  491  otherwise track the precinct of the absent elector for each
  492  vote-by-mail absentee ballot.
  493         Section 18. Section 101.65, Florida Statutes, is amended to
  494  read:
  495         101.65 Instructions to absent electors.—The supervisor
  496  shall enclose with each vote-by-mail absentee ballot separate
  497  printed instructions in substantially the following form:
  498  
  499                  READ THESE INSTRUCTIONS CAREFULLY                
  500                       BEFORE MARKING BALLOT.                      
  501         1. VERY IMPORTANT. In order to ensure that your vote-by
  502  mail absentee ballot will be counted, it should be completed and
  503  returned as soon as possible so that it can reach the supervisor
  504  of elections of the county in which your precinct is located no
  505  later than 7 p.m. on the day of the election. However, if you
  506  are an overseas voter casting a ballot in a presidential
  507  preference primary or general election, your vote-by-mail
  508  absentee ballot must be postmarked or dated no later than the
  509  date of the election and received by the supervisor of elections
  510  of the county in which you are registered to vote no later than
  511  10 days after the date of the election.
  512         2. Mark your ballot in secret as instructed on the ballot.
  513  You must mark your own ballot unless you are unable to do so
  514  because of blindness, disability, or inability to read or write.
  515         3. Mark only the number of candidates or issue choices for
  516  a race as indicated on the ballot. If you are allowed to “Vote
  517  for One” candidate and you vote for more than one candidate,
  518  your vote in that race will not be counted.
  519         4. Place your marked ballot in the enclosed secrecy
  520  envelope.
  521         5. Insert the secrecy envelope into the enclosed mailing
  522  envelope which is addressed to the supervisor.
  523         6. Seal the mailing envelope and completely fill out the
  524  Voter’s Certificate on the back of the mailing envelope.
  525         7. VERY IMPORTANT. In order for your vote-by-mail absentee
  526  ballot to be counted, you must sign your name on the line above
  527  (Voter’s Signature). A vote-by-mail An absentee ballot will be
  528  considered illegal and not be counted if the signature on the
  529  voter’s certificate does not match the signature on record. The
  530  signature on file at the start of the canvass of the vote-by
  531  mail absentee ballots is the signature that will be used to
  532  verify your signature on the voter’s certificate. If you need to
  533  update your signature for this election, send your signature
  534  update on a voter registration application to your supervisor of
  535  elections so that it is received no later than the start of the
  536  canvassing of vote-by-mail absentee ballots, which occurs no
  537  earlier than the 15th day before election day.
  538         8. VERY IMPORTANT. If you are an overseas voter, you must
  539  include the date you signed the Voter’s Certificate on the line
  540  above (Date) or your ballot may not be counted.
  541         9. Mail, deliver, or have delivered the completed mailing
  542  envelope. Be sure there is sufficient postage if mailed.
  543         10. FELONY NOTICE. It is a felony under Florida law to
  544  accept any gift, payment, or gratuity in exchange for your vote
  545  for a candidate. It is also a felony under Florida law to vote
  546  in an election using a false identity or false address, or under
  547  any other circumstances making your ballot false or fraudulent.
  548         Section 19. Subsections (1) and (2) of section 101.655,
  549  Florida Statutes, are amended to read:
  550         101.655 Supervised voting by absent electors in certain
  551  facilities.—
  552         (1) The supervisor of elections of a county shall provide
  553  supervised voting for absent electors residing in any assisted
  554  living facility, as defined in s. 429.02, or nursing home
  555  facility, as defined in s. 400.021, within that county at the
  556  request of any administrator of such a facility. Such request
  557  for supervised voting in the facility shall be made by
  558  submitting a written request to the supervisor of elections no
  559  later than 21 days prior to the election for which that request
  560  is submitted. The request shall specify the name and address of
  561  the facility and the name of the electors who wish to vote by
  562  mail absentee in that election. If the request contains the
  563  names of fewer than five voters, the supervisor of elections is
  564  not required to provide supervised voting.
  565         (2) The supervisor of elections may, in the absence of a
  566  request from the administrator of a facility, provide for
  567  supervised voting in the facility for those persons who have
  568  requested vote-by-mail absentee ballots. The supervisor of
  569  elections shall notify the administrator of the facility that
  570  supervised voting will occur.
  571         Section 20. Section 101.661, Florida Statutes, is amended
  572  to read:
  573         101.661 Voting vote-by-mail absentee ballots.—All electors
  574  must personally mark or designate their choices on the vote-by
  575  mail absentee ballot, except:
  576         (1) Electors who require assistance to vote because of
  577  blindness, disability, or inability to read or write, who may
  578  have some person of the elector’s choice, other than the
  579  elector’s employer, an agent of the employer, or an officer or
  580  agent of the elector’s union, mark the elector’s choices or
  581  assist the elector in marking his or her choices on the ballot.
  582         (2) As otherwise provided in s. 101.051 or s. 101.655.
  583         Section 21. Section 101.662, Florida Statutes, is amended
  584  to read:
  585         101.662 Accessibility of vote-by-mail absentee ballots.—It
  586  is the intent of the Legislature that voting by vote-by-mail
  587  absentee ballot be by methods that are fully accessible to all
  588  voters, including voters having a disability. The Department of
  589  State shall work with the supervisors of elections and the
  590  disability community to develop and implement procedures and
  591  technologies, as possible, which will include procedures for
  592  providing vote-by-mail absentee ballots, upon request, in
  593  alternative formats that will allow all voters to cast a secret,
  594  independent, and verifiable vote-by-mail absentee ballot without
  595  the assistance of another person.
  596         Section 22. Section 101.663, Florida Statutes, is amended
  597  to read:
  598         101.663 Electors; change of residence to another state.—An
  599  elector registered in this state who moves his or her permanent
  600  residence to another state after the registration books in that
  601  state have closed is shall be permitted to vote by mail absentee
  602  in the county of his or her former residence for the offices of
  603  President and Vice President of the United States.
  604         Section 23. Section 101.67, Florida Statutes, is amended to
  605  read:
  606         101.67 Safekeeping of mailed ballots; deadline for
  607  receiving vote-by-mail absentee ballots.—
  608         (1) The supervisor of elections shall safely keep in his or
  609  her office any envelopes received containing marked ballots of
  610  absent electors, and he or she shall, before the canvassing of
  611  the election returns, deliver the envelopes to the county
  612  canvassing board along with his or her file or list kept
  613  regarding said ballots.
  614         (2) Except as provided in s. 101.6952(5), all marked absent
  615  electors’ ballots to be counted must be received by the
  616  supervisor by 7 p.m. the day of the election. All ballots
  617  received thereafter shall be marked with the time and date of
  618  receipt and filed in the supervisor’s office.
  619         Section 24. Section 101.68, Florida Statutes, is amended to
  620  read:
  621         101.68 Canvassing of vote-by-mail absentee ballot.—
  622         (1) The supervisor of the county where the absent elector
  623  resides shall receive the voted ballot, at which time the
  624  supervisor shall compare the signature of the elector on the
  625  voter’s certificate with the signature of the elector in the
  626  registration books or the precinct register to determine whether
  627  the elector is duly registered in the county and may record on
  628  the elector’s registration certificate that the elector has
  629  voted. However, effective July 1, 2005, an elector who dies
  630  after casting a vote-by-mail an absentee ballot but on or before
  631  election day shall remain listed in the registration books until
  632  the results have been certified for the election in which the
  633  ballot was cast. The supervisor shall safely keep the ballot
  634  unopened in his or her office until the county canvassing board
  635  canvasses the vote. Except as provided in subsection (4), after
  636  a vote-by-mail an absentee ballot is received by the supervisor,
  637  the ballot is deemed to have been cast, and changes or additions
  638  may not be made to the voter’s certificate.
  639         (2)(a) The county canvassing board may begin the canvassing
  640  of vote-by-mail absentee ballots at 7 a.m. on the 15th day
  641  before the election, but not later than noon on the day
  642  following the election. In addition, for any county using
  643  electronic tabulating equipment, the processing of vote-by-mail
  644  absentee ballots through such tabulating equipment may begin at
  645  7 a.m. on the 15th day before the election. However,
  646  notwithstanding any such authorization to begin canvassing or
  647  otherwise processing vote-by-mail absentee ballots early, no
  648  result shall be released until after the closing of the polls in
  649  that county on election day. Any supervisor of elections, deputy
  650  supervisor of elections, canvassing board member, election board
  651  member, or election employee who releases the results of a
  652  canvassing or processing of vote-by-mail absentee ballots prior
  653  to the closing of the polls in that county on election day
  654  commits a felony of the third degree, punishable as provided in
  655  s. 775.082, s. 775.083, or s. 775.084.
  656         (b) To ensure that all vote-by-mail absentee ballots to be
  657  counted by the canvassing board are accounted for, the
  658  canvassing board shall compare the number of ballots in its
  659  possession with the number of requests for ballots received to
  660  be counted according to the supervisor’s file or list.
  661         (c)1. The canvassing board shall, if the supervisor has not
  662  already done so, compare the signature of the elector on the
  663  voter’s certificate or on the vote-by-mail absentee ballot
  664  affidavit as provided in subsection (4) with the signature of
  665  the elector in the registration books or the precinct register
  666  to see that the elector is duly registered in the county and to
  667  determine the legality of that vote-by-mail absentee ballot. The
  668  ballot of an elector who casts a vote-by-mail an absentee ballot
  669  shall be counted even if the elector dies on or before election
  670  day, as long as, prior to the death of the voter, the ballot was
  671  postmarked by the United States Postal Service, date-stamped
  672  with a verifiable tracking number by a common carrier, or
  673  already in the possession of the supervisor of elections. A
  674  vote-by-mail An absentee ballot is shall be considered illegal
  675  if the voter’s certificate or vote-by-mail absentee ballot
  676  affidavit does not include the signature of the elector, as
  677  shown by the registration records or the precinct register.
  678  However, a vote-by-mail an absentee ballot is not considered
  679  illegal if the signature of the elector does not cross the seal
  680  of the mailing envelope. If the canvassing board determines that
  681  any ballot is illegal, a member of the board shall, without
  682  opening the envelope, mark across the face of the envelope:
  683  “rejected as illegal.” The vote-by-mail absentee ballot
  684  affidavit, if applicable, the envelope, and the ballot contained
  685  therein shall be preserved in the manner that official ballots
  686  voted are preserved.
  687         2. If any elector or candidate present believes that a
  688  vote-by-mail an absentee ballot is illegal due to a defect
  689  apparent on the voter’s certificate or the vote-by-mail absentee
  690  ballot affidavit, he or she may, at any time before the ballot
  691  is removed from the envelope, file with the canvassing board a
  692  protest against the canvass of that ballot, specifying the
  693  precinct, the ballot, and the reason he or she believes the
  694  ballot to be illegal. A challenge based upon a defect in the
  695  voter’s certificate or vote-by-mail absentee ballot affidavit
  696  may not be accepted after the ballot has been removed from the
  697  mailing envelope.
  698         (d) The canvassing board shall record the ballot upon the
  699  proper record, unless the ballot has been previously recorded by
  700  the supervisor. The mailing envelopes shall be opened and the
  701  secrecy envelopes shall be mixed so as to make it impossible to
  702  determine which secrecy envelope came out of which signed
  703  mailing envelope; however, in any county in which an electronic
  704  or electromechanical voting system is used, the ballots may be
  705  sorted by ballot styles and the mailing envelopes may be opened
  706  and the secrecy envelopes mixed separately for each ballot
  707  style. The votes on vote-by-mail absentee ballots shall be
  708  included in the total vote of the county.
  709         (3) The supervisor or the chair of the county canvassing
  710  board shall, after the board convenes, have custody of the vote
  711  by-mail absentee ballots until a final proclamation is made as
  712  to the total vote received by each candidate.
  713         (4)(a) The supervisor of elections shall, on behalf of the
  714  county canvassing board, notify each elector whose ballot was
  715  rejected as illegal and provide the specific reason the ballot
  716  was rejected. The supervisor shall mail a voter registration
  717  application to the elector to be completed indicating the
  718  elector’s current signature if the elector’s ballot was rejected
  719  due to a difference between the elector’s signature on the
  720  voter’s certificate or vote-by-mail absentee ballot affidavit
  721  and the elector’s signature in the registration books or
  722  precinct register. This section does not prohibit the supervisor
  723  from providing additional methods for updating an elector’s
  724  signature.
  725         (b) Until 5 p.m. on the day before an election, the
  726  supervisor shall allow an elector who has returned a vote-by
  727  mail an absentee ballot that does not include the elector’s
  728  signature to complete and submit an affidavit in order to cure
  729  the unsigned vote-by-mail absentee ballot.
  730         (c) The elector shall provide identification to the
  731  supervisor and must complete a vote-by-mail an absentee ballot
  732  affidavit in substantially the following form:
  733  
  734               VOTE-BY-MAIL ABSENTEE BALLOT AFFIDAVIT              
  735         I, ...., am a qualified voter in this election and
  736  registered voter of .... County, Florida. I do solemnly swear or
  737  affirm that I requested and returned the vote-by-mail absentee
  738  ballot and that I have not and will not vote more than one
  739  ballot in this election. I understand that if I commit or
  740  attempt any fraud in connection with voting, vote a fraudulent
  741  ballot, or vote more than once in an election, I may be
  742  convicted of a felony of the third degree and fined up to $5,000
  743  and imprisoned for up to 5 years. I understand that my failure
  744  to sign this affidavit means that my vote-by-mail absentee
  745  ballot will be invalidated.
  746  
  747  ...(Voter’s Signature)...
  748  
  749  ...(Address)...
  750  
  751         (d) Instructions must accompany the vote-by-mail absentee
  752  ballot affidavit in substantially the following form:
  753  
  754         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  755  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  756  BALLOT NOT TO COUNT.
  757  
  758         1. In order to ensure that your vote-by-mail absentee
  759  ballot will be counted, your affidavit should be completed and
  760  returned as soon as possible so that it can reach the supervisor
  761  of elections of the county in which your precinct is located no
  762  later than 5 p.m. on the 2nd day before the election.
  763         2. You must sign your name on the line above (Voter’s
  764  Signature).
  765         3. You must make a copy of one of the following forms of
  766  identification:
  767         a. Identification that includes your name and photograph:
  768  United States passport; debit or credit card; military
  769  identification; student identification; retirement center
  770  identification; neighborhood association identification; or
  771  public assistance identification; or
  772         b. Identification that shows your name and current
  773  residence address: current utility bill, bank statement,
  774  government check, paycheck, or government document (excluding
  775  voter identification card).
  776         4. Place the envelope bearing the affidavit into a mailing
  777  envelope addressed to the supervisor. Insert a copy of your
  778  identification in the mailing envelope. Mail, deliver, or have
  779  delivered the completed affidavit along with the copy of your
  780  identification to your county supervisor of elections. Be sure
  781  there is sufficient postage if mailed and that the supervisor’s
  782  address is correct.
  783         5. Alternatively, you may fax or e-mail your completed
  784  affidavit and a copy of your identification to the supervisor of
  785  elections. If e-mailing, please provide these documents as
  786  attachments.
  787         (e) The department and each supervisor shall include the
  788  affidavit and instructions on their respective websites. The
  789  supervisor must include his or her office’s mailing address, e
  790  mail address, and fax number on the page containing the
  791  affidavit instructions; the department’s instruction page must
  792  include the office mailing addresses, e-mail addresses, and fax
  793  numbers of all supervisors of elections or provide a conspicuous
  794  link to such addresses.
  795         (f) The supervisor shall attach each affidavit received to
  796  the appropriate vote-by-mail absentee ballot mailing envelope.
  797         Section 25. Section 101.69, Florida Statutes, is amended to
  798  read:
  799         101.69 Voting in person; return of vote-by-mail absentee
  800  ballot.—The provisions of this code shall not be construed to
  801  prohibit any elector from voting in person at the elector’s
  802  precinct on the day of an election or at an early voting site,
  803  notwithstanding that the elector has requested a vote-by-mail an
  804  absentee ballot for that election. An elector who has returned a
  805  voted vote-by-mail absentee ballot to the supervisor, however,
  806  is deemed to have cast his or her ballot and is not entitled to
  807  vote another ballot or to have a provisional ballot counted by
  808  the county canvassing board. An elector who has received a vote
  809  by-mail an absentee ballot and has not returned the voted ballot
  810  to the supervisor, but desires to vote in person, shall return
  811  the ballot, whether voted or not, to the election board in the
  812  elector’s precinct or to an early voting site. The returned
  813  ballot shall be marked “canceled” by the board and placed with
  814  other canceled ballots. However, if the elector does not return
  815  the ballot and the election official:
  816         (1) Confirms that the supervisor has received the elector’s
  817  vote-by-mail absentee ballot, the elector shall not be allowed
  818  to vote in person. If the elector maintains that he or she has
  819  not returned the vote-by-mail absentee ballot or remains
  820  eligible to vote, the elector shall be provided a provisional
  821  ballot as provided in s. 101.048.
  822         (2) Confirms that the supervisor has not received the
  823  elector’s vote-by-mail absentee ballot, the elector shall be
  824  allowed to vote in person as provided in this code. The
  825  elector’s vote-by-mail absentee ballot, if subsequently
  826  received, shall not be counted and shall remain in the mailing
  827  envelope, and the envelope shall be marked “Rejected as
  828  Illegal.”
  829         (3) Cannot determine whether the supervisor has received
  830  the elector’s vote-by-mail absentee ballot, the elector may vote
  831  a provisional ballot as provided in s. 101.048.
  832         Section 26. Subsections (1) and (2) of section 101.6921,
  833  Florida Statutes, are amended to read:
  834         101.6921 Delivery of special vote-by-mail absentee ballot
  835  to certain first-time voters.—
  836         (1) The provisions of this section apply to voters who are
  837  subject to the provisions of s. 97.0535 and who have not
  838  provided the identification or certification required by s.
  839  97.0535 by the time the vote-by-mail absentee ballot is mailed.
  840         (2) The supervisor shall enclose with each vote-by-mail
  841  absentee ballot three envelopes: a secrecy envelope, into which
  842  the absent elector will enclose his or her marked ballot; an
  843  envelope containing the Voter’s Certificate, into which the
  844  absent elector shall place the secrecy envelope; and a mailing
  845  envelope, which shall be addressed to the supervisor and into
  846  which the absent elector will place the envelope containing the
  847  Voter’s Certificate and a copy of the required identification.
  848         Section 27. Section 101.6923, Florida Statutes, is amended
  849  to read:
  850         101.6923 Special vote-by-mail absentee ballot instructions
  851  for certain first-time voters.—
  852         (1) The provisions of this section apply to voters who are
  853  subject to the provisions of s. 97.0535 and who have not
  854  provided the identification or information required by s.
  855  97.0535 by the time the vote-by-mail absentee ballot is mailed.
  856         (2) A voter covered by this section shall be provided with
  857  printed instructions with his or her vote-by-mail absentee
  858  ballot in substantially the following form:
  859  
  860         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
  861         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
  862         YOUR BALLOT NOT TO COUNT.
  863  
  864         1. In order to ensure that your vote-by-mail absentee
  865  ballot will be counted, it should be completed and returned as
  866  soon as possible so that it can reach the supervisor of
  867  elections of the county in which your precinct is located no
  868  later than 7 p.m. on the date of the election. However, if you
  869  are an overseas voter casting a ballot in a presidential
  870  preference primary or general election, your vote-by-mail
  871  absentee ballot must be postmarked or dated no later than the
  872  date of the election and received by the supervisor of elections
  873  of the county in which you are registered to vote no later than
  874  10 days after the date of the election.
  875         2. Mark your ballot in secret as instructed on the ballot.
  876  You must mark your own ballot unless you are unable to do so
  877  because of blindness, disability, or inability to read or write.
  878         3. Mark only the number of candidates or issue choices for
  879  a race as indicated on the ballot. If you are allowed to “Vote
  880  for One” candidate and you vote for more than one, your vote in
  881  that race will not be counted.
  882         4. Place your marked ballot in the enclosed secrecy
  883  envelope and seal the envelope.
  884         5. Insert the secrecy envelope into the enclosed envelope
  885  bearing the Voter’s Certificate. Seal the envelope and
  886  completely fill out the Voter’s Certificate on the back of the
  887  envelope.
  888         a. You must sign your name on the line above (Voter’s
  889  Signature).
  890         b. If you are an overseas voter, you must include the date
  891  you signed the Voter’s Certificate on the line above (Date) or
  892  your ballot may not be counted.
  893         c. A vote-by-mail An absentee ballot will be considered
  894  illegal and will not be counted if the signature on the Voter’s
  895  Certificate does not match the signature on record. The
  896  signature on file at the start of the canvass of the vote-by
  897  mail absentee ballots is the signature that will be used to
  898  verify your signature on the Voter’s Certificate. If you need to
  899  update your signature for this election, send your signature
  900  update on a voter registration application to your supervisor of
  901  elections so that it is received no later than the start of
  902  canvassing of vote-by-mail absentee ballots, which occurs no
  903  earlier than the 15th day before election day.
  904         6. Unless you meet one of the exemptions in Item 7., you
  905  must make a copy of one of the following forms of
  906  identification:
  907         a. Identification which must include your name and
  908  photograph: United States passport; debit or credit card;
  909  military identification; student identification; retirement
  910  center identification; neighborhood association identification;
  911  or public assistance identification; or
  912         b. Identification which shows your name and current
  913  residence address: current utility bill, bank statement,
  914  government check, paycheck, or government document (excluding
  915  voter identification card).
  916         7. The identification requirements of Item 6. do not apply
  917  if you meet one of the following requirements:
  918         a. You are 65 years of age or older.
  919         b. You have a temporary or permanent physical disability.
  920         c. You are a member of a uniformed service on active duty
  921  who, by reason of such active duty, will be absent from the
  922  county on election day.
  923         d. You are a member of the Merchant Marine who, by reason
  924  of service in the Merchant Marine, will be absent from the
  925  county on election day.
  926         e. You are the spouse or dependent of a member referred to
  927  in paragraph c. or paragraph d. who, by reason of the active
  928  duty or service of the member, will be absent from the county on
  929  election day.
  930         f. You are currently residing outside the United States.
  931         8. Place the envelope bearing the Voter’s Certificate into
  932  the mailing envelope addressed to the supervisor. Insert a copy
  933  of your identification in the mailing envelope. DO NOT PUT YOUR
  934  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
  935  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
  936  BALLOT WILL NOT COUNT.
  937         9. Mail, deliver, or have delivered the completed mailing
  938  envelope. Be sure there is sufficient postage if mailed.
  939         10. FELONY NOTICE. It is a felony under Florida law to
  940  accept any gift, payment, or gratuity in exchange for your vote
  941  for a candidate. It is also a felony under Florida law to vote
  942  in an election using a false identity or false address, or under
  943  any other circumstances making your ballot false or fraudulent.
  944         Section 28. Subsections (1) and (2) of section 101.6925,
  945  Florida Statutes, are amended to read:
  946         101.6925 Canvassing special vote-by-mail absentee ballots.—
  947         (1) The supervisor of the county where the absent elector
  948  resides shall receive the voted special vote-by-mail absentee
  949  ballot, at which time the mailing envelope shall be opened to
  950  determine if the voter has enclosed the identification required
  951  or has indicated on the Voter’s Certificate that he or she is
  952  exempt from the identification requirements.
  953         (2) If the identification is enclosed or the voter has
  954  indicated that he or she is exempt from the identification
  955  requirements, the supervisor shall make the note on the
  956  registration records of the voter and proceed to canvass the
  957  vote-by-mail absentee ballot as provided in s. 101.68.
  958         Section 29. Section 101.694, Florida Statutes, is amended
  959  to read:
  960         101.694 Mailing of ballots upon receipt of federal postcard
  961  application.—
  962         (1) Upon receipt of a federal postcard application for a
  963  vote-by-mail an absentee ballot executed by a person whose
  964  registration is in order or whose application is sufficient to
  965  register or update the registration of that person, the
  966  supervisor shall send the ballot in accordance with s.
  967  101.62(4).
  968         (2) Upon receipt of a federal postcard application for a
  969  vote-by-mail an absentee ballot executed by a person whose
  970  registration is not in order and whose application is
  971  insufficient to register or update the registration of that
  972  person, the supervisor shall follow the procedure set forth in
  973  s. 97.073.
  974         (3) Vote-by-mail Absentee envelopes printed for voters
  975  entitled to vote by mail absentee under the Uniformed and
  976  Overseas Citizens Absentee Voting Act shall meet the
  977  specifications as determined by the Federal Voting Assistance
  978  Program of the United States Department of Defense and the
  979  United States Postal Service.
  980         (4) Cognizance shall be taken of the fact that vote-by-mail
  981  absentee ballots and other materials such as instructions and
  982  envelopes are to be carried via air mail, and, to the maximum
  983  extent possible, such ballots and materials shall be reduced in
  984  size and weight of paper. The same ballot shall be used,
  985  however, as is used by other vote-by-mail absentee voters.
  986         Section 30. Subsections (1) and (4) of section 101.6951,
  987  Florida Statutes, are amended to read:
  988         101.6951 State write-in vote-by-mail ballot.—
  989         (1) An overseas voter may request, not earlier than 180
  990  days before a general election, a state write-in vote-by-mail
  991  absentee ballot from the supervisor of elections in the county
  992  of registration. In order to receive a state write-in ballot,
  993  the voter shall state that due to military or other
  994  contingencies that preclude normal mail delivery, the voter
  995  cannot vote a vote-by-mail an absentee ballot during the normal
  996  vote-by-mail absentee voting period. State write-in vote-by-mail
  997  absentee ballots shall be made available to voters 90 to 180
  998  days prior to a general election. The Department of State shall
  999  prescribe by rule the form of the state write-in vote-by-mail
 1000  ballot.
 1001         (4) The state write-in vote-by-mail ballot shall contain
 1002  all offices, federal, state, and local, for which the voter
 1003  would otherwise be entitled to vote.
 1004         Section 31. Section 101.6952, Florida Statutes, is amended
 1005  to read:
 1006         101.6952 Vote-by-mail Absentee ballots for absent uniformed
 1007  services and overseas voters.—
 1008         (1) If an absent uniformed services voter’s or an overseas
 1009  voter’s request for an official vote-by-mail absentee ballot
 1010  pursuant to s. 101.62 includes an e-mail address, the supervisor
 1011  of elections shall:
 1012         (a) Record the voter’s e-mail address in the vote-by-mail
 1013  absentee ballot record;
 1014         (b) Confirm by e-mail that the vote-by-mail absentee ballot
 1015  request was received and include in that e-mail the estimated
 1016  date the vote-by-mail absentee ballot will be sent to the voter;
 1017  and
 1018         (c) Notify the voter by e-mail when the voted vote-by-mail
 1019  absentee ballot is received by the supervisor of elections.
 1020         (2)(a) An absent uniformed services voter or an overseas
 1021  voter who makes timely application for but does not receive an
 1022  official vote-by-mail absentee ballot may use the federal write
 1023  in absentee ballot to vote in any federal, state, or local
 1024  election.
 1025         (b)1. In an election for federal office, an elector may
 1026  designate a candidate by writing the name of a candidate on the
 1027  ballot. Except for a primary or special primary election, the
 1028  elector may alternatively designate a candidate by writing the
 1029  name of a political party on the ballot. A written designation
 1030  of the political party shall be counted as a vote for the
 1031  candidate of that party if there is such a party candidate in
 1032  the race.
 1033         2. In a state or local election, an elector may vote in the
 1034  section of the federal write-in absentee ballot designated for
 1035  nonfederal races by writing on the ballot the title of each
 1036  office and by writing on the ballot the name of the candidate
 1037  for whom the elector is voting. Except for a primary, special
 1038  primary, or nonpartisan election, the elector may alternatively
 1039  designate a candidate by writing the name of a political party
 1040  on the ballot. A written designation of the political party
 1041  shall be counted as a vote for the candidate of that party if
 1042  there is such a party candidate in the race. In addition, the
 1043  elector may vote on any ballot measure presented in such
 1044  election by identifying the ballot measure on which he or she
 1045  desires to vote and specifying his or her vote on the measure.
 1046  For purposes of this section, a vote cast in a judicial merit
 1047  retention election shall be treated in the same manner as a
 1048  ballot measure in which the only allowable responses are “Yes”
 1049  or “No.”
 1050         (c) In the case of a joint candidacy, such as for the
 1051  offices of President/Vice President or Governor/Lieutenant
 1052  Governor, a valid vote for one or both qualified candidates on
 1053  the same ticket shall constitute a vote for the joint candidacy.
 1054         (d) For purposes of this subsection and except when the
 1055  context clearly indicates otherwise, such as when a candidate in
 1056  the election is affiliated with a political party whose name
 1057  includes the word “Independent,” “Independence,” or a similar
 1058  term, a voter designation of “No Party Affiliation” or
 1059  “Independent,” or any minor variation, misspelling, or
 1060  abbreviation thereof, shall be considered a designation for the
 1061  candidate, other than a write-in candidate, who qualified to run
 1062  in the race with no party affiliation. If more than one
 1063  candidate qualifies to run as a candidate with no party
 1064  affiliation, the designation may not count for any candidate
 1065  unless there is a valid, additional designation of the
 1066  candidate’s name.
 1067         (e) Any abbreviation, misspelling, or other minor variation
 1068  in the form of the name of an office, the name of a candidate,
 1069  the ballot measure, or the name of a political party must be
 1070  disregarded in determining the validity of the ballot.
 1071         (3)(a) An absent uniformed services voter or an overseas
 1072  voter who submits a federal write-in absentee ballot and later
 1073  receives an official vote-by-mail absentee ballot may submit the
 1074  official vote-by-mail absentee ballot. An elector who submits a
 1075  federal write-in absentee ballot and later receives and submits
 1076  an official vote-by-mail absentee ballot should make every
 1077  reasonable effort to inform the appropriate supervisor of
 1078  elections that the elector has submitted more than one ballot.
 1079         (b) A federal write-in absentee ballot may not be canvassed
 1080  until 7 p.m. on the day of the election. A federal write-in
 1081  absentee ballot from an overseas voter in a presidential
 1082  preference primary or general election may not be canvassed
 1083  until the conclusion of the 10-day period specified in
 1084  subsection (5). Each federal write-in absentee ballot received
 1085  by 7 p.m. on the day of the election shall be canvassed pursuant
 1086  to ss. 101.5614(5) and 101.68, unless the elector’s official
 1087  vote-by-mail absentee ballot is received by 7 p.m. on election
 1088  day. Each federal write-in absentee ballot from an overseas
 1089  voter in a presidential preference primary or general election
 1090  received by 10 days after the date of the election shall be
 1091  canvassed pursuant to ss. 101.5614(5) and 101.68, unless the
 1092  overseas voter’s official vote-by-mail absentee ballot is
 1093  received by 10 days after the date of the election. If the
 1094  elector’s official vote-by-mail absentee ballot is received by 7
 1095  p.m. on election day, or, for an overseas voter in a
 1096  presidential preference primary or general election, no later
 1097  than 10 days after the date of the election, the federal write
 1098  in absentee ballot is invalid and the official vote-by-mail
 1099  absentee ballot shall be canvassed. The time shall be regulated
 1100  by the customary time in standard use in the county seat of the
 1101  locality.
 1102         (4) For vote-by-mail absentee ballots received from absent
 1103  uniformed services voters or overseas voters, there is a
 1104  presumption that the envelope was mailed on the date stated on
 1105  the outside of the return envelope, regardless of the absence of
 1106  a postmark on the mailed envelope or the existence of a postmark
 1107  date that is later than the date of the election.
 1108         (5) A vote-by-mail An absentee ballot from an overseas
 1109  voter in any presidential preference primary or general election
 1110  which is postmarked or dated no later than the date of the
 1111  election and is received by the supervisor of elections of the
 1112  county in which the overseas voter is registered no later than
 1113  10 days after the date of the election shall be counted as long
 1114  as the vote-by-mail absentee ballot is otherwise proper.
 1115         Section 32. Section 101.697, Florida Statutes, is amended
 1116  to read:
 1117         101.697 Electronic transmission of election materials.—The
 1118  Department of State shall determine whether secure electronic
 1119  means can be established for receiving ballots from overseas
 1120  voters. If such security can be established, the department
 1121  shall adopt rules to authorize a supervisor of elections to
 1122  accept from an overseas voter a request for a vote-by-mail an
 1123  absentee ballot or a voted vote-by-mail absentee ballot by
 1124  secure facsimile machine transmission or other secure electronic
 1125  means. The rules must provide that in order to accept a voted
 1126  ballot, the verification of the voter must be established, the
 1127  security of the transmission must be established, and each
 1128  ballot received must be recorded.
 1129         Section 33. Paragraph (a) of subsection (4) of section
 1130  102.031, Florida Statutes, is amended to read:
 1131         102.031 Maintenance of good order at polls; authorities;
 1132  persons allowed in polling rooms and early voting areas;
 1133  unlawful solicitation of voters.—
 1134         (4)(a) No person, political committee, or other group or
 1135  organization may solicit voters inside the polling place or
 1136  within 100 feet of the entrance to any polling place, a polling
 1137  room where the polling place is also a polling room, an early
 1138  voting site, or an office of the supervisor of elections where
 1139  vote-by-mail absentee ballots are requested and printed on
 1140  demand for the convenience of electors who appear in person to
 1141  request them. Before the opening of the polling place or early
 1142  voting site, the clerk or supervisor shall designate the no
 1143  solicitation zone and mark the boundaries.
 1144         Section 34. Subsections (2), (3), and (4) of section
 1145  102.141, Florida Statutes, are amended to read:
 1146         102.141 County canvassing board; duties.—
 1147         (2) The county canvassing board shall meet in a building
 1148  accessible to the public in the county where the election
 1149  occurred at a time and place to be designated by the supervisor
 1150  of elections to publicly canvass the absent absentee electors’
 1151  ballots as provided for in s. 101.68 and provisional ballots as
 1152  provided by ss. 101.048, 101.049, and 101.6925. Provisional
 1153  ballots cast pursuant to s. 101.049 shall be canvassed in a
 1154  manner that votes for candidates and issues on those ballots can
 1155  be segregated from other votes. Public notice of the time and
 1156  place at which the county canvassing board shall meet to canvass
 1157  the absent absentee electors’ ballots and provisional ballots
 1158  shall be given at least 48 hours prior thereto by publication on
 1159  the supervisor of elections’ website and once in one or more
 1160  newspapers of general circulation in the county or, if there is
 1161  no newspaper of general circulation in the county, by posting
 1162  such notice in at least four conspicuous places in the county.
 1163  As soon as the absent absentee electors’ ballots and the
 1164  provisional ballots are canvassed, the board shall proceed to
 1165  publicly canvass the vote given each candidate, nominee,
 1166  constitutional amendment, or other measure submitted to the
 1167  electorate of the county, as shown by the returns then on file
 1168  in the office of the supervisor of elections.
 1169         (3) The canvass, except the canvass of absent absentee
 1170  electors’ returns and the canvass of provisional ballots, shall
 1171  be made from the returns and certificates of the inspectors as
 1172  signed and filed by them with the supervisor, and the county
 1173  canvassing board shall not change the number of votes cast for a
 1174  candidate, nominee, constitutional amendment, or other measure
 1175  submitted to the electorate of the county, respectively, in any
 1176  polling place, as shown by the returns. All returns shall be
 1177  made to the board on or before 2 a.m. of the day following any
 1178  primary, general, or other election. If the returns from any
 1179  precinct are missing, if there are any omissions on the returns
 1180  from any precinct, or if there is an obvious error on any such
 1181  returns, the canvassing board shall order a retabulation of the
 1182  returns from such precinct. Before canvassing such returns, the
 1183  canvassing board shall examine the tabulation of the ballots
 1184  cast in such precinct and determine whether the returns
 1185  correctly reflect the votes cast. If there is a discrepancy
 1186  between the returns and the tabulation of the ballots cast, the
 1187  tabulation of the ballots cast shall be presumed correct and
 1188  such votes shall be canvassed accordingly.
 1189         (4)(a) The supervisor of elections shall upload into the
 1190  county’s election management system by 7 p.m. on the day before
 1191  the election the results of all early voting and vote-by-mail
 1192  absentee ballots that have been canvassed and tabulated by the
 1193  end of the early voting period. Pursuant to ss. 101.5614(9),
 1194  101.657, and 101.68(2), the tabulation of votes cast or the
 1195  results of such uploads may not be made public before the close
 1196  of the polls on election day.
 1197         (b) The canvassing board shall report all early voting and
 1198  all tabulated vote-by-mail absentee results to the Department of
 1199  State within 30 minutes after the polls close. Thereafter, the
 1200  canvassing board shall report, with the exception of provisional
 1201  ballot results, updated precinct election results to the
 1202  department at least every 45 minutes until all results are
 1203  completely reported. The supervisor of elections shall notify
 1204  the department immediately of any circumstances that do not
 1205  permit periodic updates as required. Results shall be submitted
 1206  in a format prescribed by the department.
 1207         Section 35. Subsection (8) of section 102.168, Florida
 1208  Statutes, is amended to read:
 1209         102.168 Contest of election.—
 1210         (8) In any contest that requires a review of the canvassing
 1211  board’s decision on the legality of a vote-by-mail an absentee
 1212  ballot pursuant to s. 101.68 based upon a comparison of the
 1213  signature on the voter’s certificate and the signature of the
 1214  elector in the registration records, the circuit court may not
 1215  review or consider any evidence other than the signature on the
 1216  voter’s certificate and the signature of the elector in the
 1217  registration records. The court’s review of such issue shall be
 1218  to determine only if the canvassing board abused its discretion
 1219  in making its decision.
 1220         Section 36. Subsection (1) of section 104.047, Florida
 1221  Statutes, is amended to read:
 1222         104.047 Vote-by-mail Absentee ballots and voting;
 1223  violations.—
 1224         (1) Except as provided in s. 101.62 or s. 101.655, any
 1225  person who requests a vote-by-mail an absentee ballot on behalf
 1226  of an elector is guilty of a felony of the third degree,
 1227  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1228         Section 37. Paragraph (b) of subsection (2) of section
 1229  104.0515, Florida Statutes, is amended to read:
 1230         104.0515 Voting rights; deprivation of, or interference
 1231  with, prohibited; penalty.—
 1232         (2) No person acting under color of law shall:
 1233         (b) Deny the right of any individual to vote in any
 1234  election because of an error or omission on any record or paper
 1235  relating to any application, registration, or other act
 1236  requisite to voting, if such error or omission is not material
 1237  in determining whether such individual is qualified under law to
 1238  vote in such election. This paragraph shall apply to vote-by
 1239  mail absentee ballots only if there is a pattern or history of
 1240  discrimination on the basis of race, color, or previous
 1241  condition of servitude in regard to vote-by-mail absentee
 1242  ballots.
 1243         Section 38. Section 104.0616, Florida Statutes, is amended
 1244  to read:
 1245         104.0616 Vote-by-mail Absentee ballots and voting;
 1246  violations.—
 1247         (1) For purposes of this section, the term “immediate
 1248  family” means a person’s spouse or the parent, child,
 1249  grandparent, or sibling of the person or the person’s spouse.
 1250         (2) Any person who provides or offers to provide, and any
 1251  person who accepts, a pecuniary or other benefit in exchange for
 1252  distributing, ordering, requesting, collecting, delivering, or
 1253  otherwise physically possessing more than two vote-by-mail
 1254  absentee ballots per election in addition to his or her own
 1255  ballot or a ballot belonging to an immediate family member,
 1256  except as provided in ss. 101.6105-101.694, commits a
 1257  misdemeanor of the first degree, punishable as provided in s.
 1258  775.082, s. 775.083, or s. 775.084.
 1259         Section 39. Section 104.17, Florida Statutes, is amended to
 1260  read:
 1261         104.17 Voting in person after casting vote-by-mail absentee
 1262  ballot.—Any person who willfully votes or attempts to vote both
 1263  in person and by vote-by-mail absentee ballot at any election is
 1264  guilty of a felony of the third degree, punishable as provided
 1265  in s. 775.082, s. 775.083, or s. 775.084.
 1266         Section 40. Paragraph (b) of subsection (2) of section
 1267  117.05, Florida Statutes, is amended to read:
 1268         117.05 Use of notary commission; unlawful use; notary fee;
 1269  seal; duties; employer liability; name change; advertising;
 1270  photocopies; penalties.—
 1271         (2)
 1272         (b) A notary public may not charge a fee for witnessing a
 1273  vote-by-mail an absentee ballot in an election, and must witness
 1274  such a ballot upon the request of an elector, provided the
 1275  notarial act is in accordance with the provisions of this
 1276  chapter.
 1277         Section 41. Subsection (7) of section 394.459, Florida
 1278  Statutes, is amended to read:
 1279         394.459 Rights of patients.—
 1280         (7) VOTING IN PUBLIC ELECTIONS.—A patient who is eligible
 1281  to vote according to the laws of the state has the right to vote
 1282  in the primary and general elections. The department shall
 1283  establish rules to enable patients to obtain voter registration
 1284  forms, applications for vote-by-mail absentee ballots, and vote
 1285  by-mail absentee ballots.
 1286         Section 42. Section 741.406, Florida Statutes, is amended
 1287  to read:
 1288         741.406 Voting by program participant; use of designated
 1289  address by supervisor of elections.—A program participant who is
 1290  otherwise qualified to vote may request a vote-by-mail an
 1291  absentee ballot pursuant to s. 101.62. The program participant
 1292  shall automatically receive vote-by-mail absentee ballots for
 1293  all elections in the jurisdictions in which that individual
 1294  resides in the same manner as vote-by-mail absentee voters. The
 1295  supervisor of elections shall transmit the vote-by-mail absentee
 1296  ballot to the program participant at the address designated by
 1297  the participant in his or her application as a vote-by-mail an
 1298  absentee voter. The name, address, and telephone number of a
 1299  program participant may not be included in any list of
 1300  registered voters available to the public.
 1301         Section 43. Subsection (7) of section 916.107, Florida
 1302  Statutes, is amended to read:
 1303         916.107 Rights of forensic clients.—
 1304         (7) VOTING IN PUBLIC ELECTIONS.—A forensic client who is
 1305  eligible to vote according to the laws of the state has the
 1306  right to vote in the primary and general elections. The
 1307  department and agency shall establish rules to enable clients to
 1308  obtain voter registration forms, applications for vote-by-mail
 1309  absentee ballots, and vote-by-mail absentee ballots.
 1310         Section 44. This act shall take effect July 1, 2016.