Florida Senate - 2021                                    SB 1204
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-01224-21                                           20211204__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 20.10, F.S.;
    3         requiring the Secretary of State to be elected rather
    4         than appointed; specifying when such election will
    5         occur; amending s. 97.052, F.S.; conforming provisions
    6         to changes made by the act; amending s. 97.053, F.S.;
    7         providing that an applicant must designate a party
    8         affiliation or select no party affiliation to be
    9         registered to vote; requiring a supervisor of
   10         elections to notify an applicant who fails to be
   11         registered; requiring the voter registration
   12         application to include certain information; providing
   13         for the canvassing of provisional ballots if certain
   14         information is provided within a reasonable amount of
   15         time following an election; repealing s. 97.055, F.S.,
   16         relating to the closure of registration books for an
   17         election; repealing s. 97.0555, F.S., relating to late
   18         registration to vote; creating s. 97.0556, F.S.;
   19         providing that a person who meets certain requirements
   20         may register to vote and cast a ballot on election day
   21         or at an early voting site; amending s. 97.057, F.S.;
   22         requiring the Department of Highway Safety and Motor
   23         Vehicles to provide the opportunity to preregister to
   24         vote to certain individuals; amending s. 97.0575,
   25         F.S.; revising penalties for third-party voter
   26         registration organizations collecting voter
   27         registration applications; amending s. 98.065, F.S.;
   28         providing additional requirements before a voter can
   29         be made inactive; amending s. 98.0981, F.S.; revising
   30         certain reports and data to conform with changes made
   31         by the act; amending s. 99.061, F.S.; authorizing a
   32         candidate to pay his or her qualifying fee with a
   33         cashier’s check; amending s. 100.371, F.S.; providing
   34         a requirement for the delivery of certain petitions;
   35         specifying that a digital signature that complies with
   36         the Electronic Signature Act of 1996 satisfies the
   37         requirement that a petition form must contain an
   38         original signature; creating s. 100.51, F.S.;
   39         designating General Election Day as a paid holiday;
   40         providing that any elector may absent himself or
   41         herself from service or employment at a specific time
   42         on a General Election Day and may not be penalized or
   43         have pay reduced for such absence; creating s.
   44         101.016, F.S.; requiring the Division of Elections to
   45         maintain a strategic elections equipment reserve of
   46         voting systems and other equipment for specified
   47         purposes; requiring such reserve to include specified
   48         equipment; authorizing the division to contract with
   49         specified entities rather than physically maintain
   50         such reserve; amending s. 101.048, F.S.; providing
   51         that a person may cast a provisional ballot in the
   52         county in which the voter claims to be registered;
   53         amending s. 101.151, F.S.; revising the order in which
   54         office titles and names of candidates are placed on
   55         the ballot; amending s. 101.5612, F.S.; requiring a
   56         supervisor of elections to annually file a plan for
   57         operations under certain conditions; amending s.
   58         101.62, F.S.; providing that a request for a vote-by
   59         mail ballot is valid until the request is canceled;
   60         revising the deadline by which vote-by-mail ballots
   61         must be received by a supervisor of elections;
   62         revising the period during which a supervisor of
   63         elections may deliver certain ballots; providing for
   64         extension of deadlines under certain conditions;
   65         amending s. 101.64, F.S.; requiring a supervisor of
   66         elections to enclose a postage paid mailing envelope
   67         with each vote-by-mail ballot; providing that vote-by
   68         mail ballot voter certificates may require a voter’s
   69         signature or the last four digits of the voter’s
   70         social security number; amending s. 101.65, F.S.;
   71         revising instructions that must be provided with a
   72         vote-by-mail ballot; amending s. 101.68, F.S.;
   73         requiring a supervisor of elections to compare the
   74         signature or partial social security number with the
   75         signature or partial social security number in the
   76         registration books or precinct register when
   77         canvassing a vote-by-mail ballot; revising the
   78         timeframe during which an elector may cure a vote-by
   79         mail ballot; amending s. 101.6952, F.S.; authorizing
   80         an absent voter to submit a federal write-in absentee
   81         ballot or vote-by-mail ballot; revising requirements
   82         for the canvassing of specified ballots; providing
   83         that a certain presumption applies to vote-by-mail
   84         ballots received from absent voters; requiring a vote
   85         by-mail ballot from an absent voter which is
   86         postmarked by a certain date to be counted; amending
   87         s. 101.697, F.S.; requiring the Department of State to
   88         adopt rules to authorize a supervisor of elections to
   89         accept a voted ballot by secure electronic means under
   90         certain circumstances; amending s. 101.71, F.S.;
   91         prohibiting a polling place from being located within
   92         a gated community unless certain conditions are met;
   93         amending s. 102.031, F.S.; removing a provision
   94         prohibiting the restriction of solicitation by certain
   95         parties; prohibiting the use of devices that amplify
   96         sound in certain locations; amending s. 102.111, F.S.;
   97         revising the dates by which the Elections Canvassing
   98         Commission must certify certain election returns;
   99         amending s. 102.112, F.S.; revising the deadlines for
  100         submission of county returns to the Department of
  101         State; creating s. 102.181, F.S.; authorizing certain
  102         persons to file actions against a supervisor of
  103         elections who fail to comply with the Florida Election
  104         Code; providing that such person is entitled to an
  105         immediate hearing; providing for the waiver of fees
  106         and costs and the award of attorney fees; providing an
  107         effective date.
  108          
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. Subsection (1) of section 20.10, Florida
  112  Statutes, is amended to read:
  113         20.10 Department of State.—There is created a Department of
  114  State.
  115         (1) The head of the Department of State is the Secretary of
  116  State. The Secretary of State shall be elected at the statewide
  117  general election at which the Governor, Lieutenant Governor, and
  118  Cabinet officers are elected as provided in s. 5, Art. IV of the
  119  State Constitution, for a term of 4 years beginning on the first
  120  Tuesday after the first Monday in January of the year following
  121  such election appointed by the Governor, subject to confirmation
  122  by the Senate, and shall serve at the pleasure of the Governor.
  123  The Secretary of State shall perform the functions conferred by
  124  the State Constitution upon the custodian of state records.
  125         Section 2. Subsection (6) of section 97.052, Florida
  126  Statutes, is amended to read:
  127         97.052 Uniform statewide voter registration application.—
  128         (6) If a voter registration applicant fails to provide any
  129  of the required information on the voter registration
  130  application form, the supervisor shall notify the applicant of
  131  the failure by mail within 5 business days after the supervisor
  132  has the information available in the voter registration system.
  133  The applicant shall have an opportunity to complete the
  134  application form to vote in the next election up until the book
  135  closing for that next election.
  136         Section 3. Subsections (2) and (4), paragraph (b) of
  137  subsection (5), and subsection (6) of section 97.053, Florida
  138  Statutes, are amended to read:
  139         97.053 Acceptance of voter registration applications.—
  140         (2) A voter registration application is complete and
  141  becomes the official voter registration record of that applicant
  142  when all information necessary to establish the applicant’s
  143  eligibility pursuant to s. 97.041 is received by a voter
  144  registration official and verified pursuant to subsection (6).
  145  If the applicant fails to complete his or her voter registration
  146  application prior to the date of book closing for an election,
  147  then such applicant shall not be eligible to vote in that
  148  election.
  149         (4) The registration date for a valid initial voter
  150  registration application that has been mailed to a driver
  151  license office, a voter registration agency, an armed forces
  152  recruitment office, the division, or the office of any
  153  supervisor in the state and bears a clear postmark is the date
  154  of that postmark. If an initial voter registration application
  155  that has been mailed does not bear a postmark or if the postmark
  156  is unclear, the registration date is the date the application is
  157  received by any supervisor or the division, unless it is
  158  received within 5 days after the closing of the books for an
  159  election, excluding Saturdays, Sundays, and legal holidays, in
  160  which case the registration date is the book-closing date.
  161         (5)
  162         (b) An applicant who fails to designate party affiliation
  163  or affirmatively select no party affiliation may not must be
  164  registered without party affiliation. The supervisor must notify
  165  the voter by mail that the voter has not been registered without
  166  party affiliation and that the voter must complete a new
  167  registration application and designate a party affiliation or
  168  affirmatively select no party affiliation. The voter
  169  registration application must clearly denote this requirement
  170  may change party affiliation as provided in s. 97.1031.
  171         (6) A voter registration application may be accepted as
  172  valid only after the department has verified the authenticity or
  173  nonexistence of the driver license number, the Florida
  174  identification card number, or the last four digits of the
  175  social security number provided by the applicant. If a completed
  176  voter registration application has been received by the book
  177  closing deadline but the driver license number, the Florida
  178  identification card number, or the last four digits of the
  179  social security number provided by the applicant cannot be
  180  verified, the applicant shall be notified that the number cannot
  181  be verified and that the applicant must provide evidence to the
  182  supervisor sufficient to verify the authenticity of the
  183  applicant’s driver license number, Florida identification card
  184  number, or last four digits of the social security number. If
  185  the applicant provides the necessary evidence, the supervisor
  186  shall place the applicant’s name on the registration rolls as an
  187  active voter. If the applicant has not provided the necessary
  188  evidence or the number has not otherwise been verified prior to
  189  the applicant presenting himself or herself to vote, the
  190  applicant shall be provided a provisional ballot. The
  191  provisional ballot shall be counted only if the number is
  192  verified by the end of the canvassing period or if the applicant
  193  presents evidence to the supervisor of elections sufficient to
  194  verify the authenticity of the applicant’s driver license
  195  number, Florida identification card number, or last four digits
  196  of the social security number within a reasonable amount of time
  197  after no later than 5 p.m. of the second day following the
  198  election.
  199         Section 4. Sections 97.055 and 97.0555, Florida Statutes,
  200  are repealed.
  201         Section 5. Section 97.0556, Florida Statutes, is created to
  202  read:
  203         97.0556Same-day voter registration.—A person who meets the
  204  qualifications to register to vote in s. 97.041 and provides the
  205  information required for the uniform statewide voter
  206  registration application prescribed in s. 97.052 may register to
  207  vote and cast a ballot on election day or at an early voting
  208  site.
  209         Section 6. Subsection (1) of section 97.057, Florida
  210  Statutes, is amended to read:
  211         97.057 Voter registration by the Department of Highway
  212  Safety and Motor Vehicles.—
  213         (1) The Department of Highway Safety and Motor Vehicles
  214  shall provide the opportunity to preregister to vote, register
  215  to vote, or to update a voter registration record to each
  216  individual who comes to an office of that department to:
  217         (a) Apply for or renew a driver license;
  218         (b) Apply for or renew an identification card pursuant to
  219  chapter 322; or
  220         (c) Change an address on an existing driver license or
  221  identification card.
  222         Section 7. Paragraph (a) of subsection (3) of section
  223  97.0575, Florida Statutes, is amended to read:
  224         97.0575 Third-party voter registrations.—
  225         (3)(a) A third-party voter registration organization that
  226  collects voter registration applications serves as a fiduciary
  227  to the applicant, ensuring that any voter registration
  228  application entrusted to the organization, irrespective of party
  229  affiliation, race, ethnicity, or gender, shall be promptly
  230  delivered to the division or the supervisor of elections within
  231  48 hours after the applicant completes it or the next business
  232  day if the appropriate office is closed for that 48-hour period.
  233  If a voter registration application collected by any third-party
  234  voter registration organization is not promptly delivered to the
  235  division or supervisor of elections, the third-party voter
  236  registration organization is liable for the following fines:
  237         1. A fine in the amount of $50 for each application
  238  received by the division or the supervisor of elections more
  239  than 48 hours after the applicant delivered the completed voter
  240  registration application to the third-party voter registration
  241  organization or any person, entity, or agent acting on its
  242  behalf or the next business day, if the office is closed. A fine
  243  in the amount of $250 for each application received if the
  244  third-party voter registration organization or person, entity,
  245  or agency acting on its behalf acted willfully.
  246         2. A fine in the amount of $100 for each application
  247  collected by a third-party voter registration organization or
  248  any person, entity, or agent acting on its behalf, before book
  249  closing for any given election for federal or state office and
  250  received by the division or the supervisor of elections after
  251  the book-closing deadline for such election. A fine in the
  252  amount of $500 for each application received if the third-party
  253  registration organization or person, entity, or agency acting on
  254  its behalf acted willfully.
  255         3. A fine in the amount of $500 for each application
  256  collected by a third-party voter registration organization or
  257  any person, entity, or agent acting on its behalf, which is not
  258  submitted to the division or supervisor of elections. A fine in
  259  the amount of $1,000 for any application not submitted if the
  260  third-party voter registration organization or person, entity,
  261  or agency acting on its behalf acted willfully.
  262  
  263  The aggregate fine pursuant to this paragraph which may be
  264  assessed against a third-party voter registration organization,
  265  including affiliate organizations, for violations committed in a
  266  calendar year is $1,000.
  267         Section 8. Paragraph (c) of subsection (4) of section
  268  98.065, Florida Statutes, is amended to read:
  269         98.065 Registration list maintenance programs.—
  270         (4)
  271         (c) The supervisor must designate as inactive all voters
  272  who have not voted in at least one of the last two general
  273  elections, who have been sent an address confirmation final
  274  notice, and who have not returned the postage prepaid,
  275  preaddressed return form within 30 days or for which the final
  276  notice has been returned as undeliverable. Names on the inactive
  277  list may not be used to calculate the number of signatures
  278  needed on any petition. A voter on the inactive list may be
  279  restored to the active list of voters upon the voter updating
  280  his or her registration, requesting a vote-by-mail ballot, or
  281  appearing to vote. However, if the voter does not update his or
  282  her voter registration information, request a vote-by-mail
  283  ballot, or vote by the second general election after being
  284  placed on the inactive list, the voter’s name shall be removed
  285  from the statewide voter registration system and the voter shall
  286  be required to reregister to have his or her name restored to
  287  the statewide voter registration system.
  288         Section 9. Paragraph (d) of subsection (1) and subsection
  289  (3) of section 98.0981, Florida Statutes, are amended to read:
  290         98.0981 Reports; voting history; statewide voter
  291  registration system information; precinct-level election
  292  results; preelection book closing statistics.—
  293         (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
  294  INFORMATION.—
  295         (d) File specifications are as follows:
  296         1. The file shall contain records designated by the
  297  categories below for all qualified voters who, regardless of the
  298  voter’s county of residence or active or inactive registration
  299  status on election day at the book closing for the corresponding
  300  election that the file is being created for:
  301         a. Voted a regular ballot at a precinct location.
  302         b. Voted at a precinct location using a provisional ballot
  303  that was subsequently counted.
  304         c. Voted a regular ballot during the early voting period.
  305         d. Voted during the early voting period using a provisional
  306  ballot that was subsequently counted.
  307         e. Voted by vote-by-mail ballot.
  308         f. Attempted to vote by vote-by-mail ballot, but the ballot
  309  was not counted.
  310         g. Attempted to vote by provisional ballot, but the ballot
  311  was not counted in that election.
  312         2. Each file shall be created or converted into a tab
  313  delimited format.
  314         3. File names shall adhere to the following convention:
  315         a. Three-character county identifier as established by the
  316  department followed by an underscore.
  317         b. Followed by four-character file type identifier of
  318  “VHO3” followed by an underscore.
  319         c. Followed by FVRS election ID followed by an underscore.
  320         d. Followed by Date Created followed by an underscore.
  321         e. Date format is YYYYMMDD.
  322         f. Followed by Time Created - HHMMSS.
  323         g. Followed by “.txt”.
  324         4. Each record shall contain the following columns: Record
  325  Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
  326  Date, Vote History Code, Precinct, Congressional District, House
  327  District, Senate District, County Commission District, and
  328  School Board District.
  329         (3) PRECINCT-LEVEL PREELECTION BOOK CLOSING STATISTICS.
  330  After the 29th day before the date of an election the date of
  331  book closing but before the date of an election as defined in s.
  332  97.021 to fill a national, state, county, or district office, or
  333  to vote on a proposed constitutional amendment, the department
  334  shall compile the following precinct-level statistical data for
  335  each county:
  336         (a) Precinct numbers.
  337         (b) Total number of active registered voters by party for
  338  each precinct.
  339         Section 10. Paragraph (a) of subsection (7) of section
  340  99.061, Florida Statutes, is amended to read:
  341         99.061 Method of qualifying for nomination or election to
  342  federal, state, county, or district office.—
  343         (7)(a) In order for a candidate to be qualified, the
  344  following items must be received by the filing officer by the
  345  end of the qualifying period:
  346         1. A cashier’s check purchased with funds of the campaign
  347  account or a properly executed check drawn upon the candidate’s
  348  campaign account payable to the person or entity as prescribed
  349  by the filing officer in an amount not less than the fee
  350  required by s. 99.092, unless the candidate obtained the
  351  required number of signatures on petitions pursuant to s.
  352  99.095. The filing fee for a special district candidate is not
  353  required to be drawn upon the candidate’s campaign account. If a
  354  candidate’s check is returned by the bank for any reason, the
  355  filing officer shall immediately notify the candidate and the
  356  candidate shall have until the end of qualifying to pay the fee
  357  with a cashier’s check purchased from funds of the campaign
  358  account. Failure to pay the fee as provided in this subparagraph
  359  shall disqualify the candidate.
  360         2. The candidate’s oath required by s. 99.021, which must
  361  contain the name of the candidate as it is to appear on the
  362  ballot; the office sought, including the district or group
  363  number if applicable; and the signature of the candidate, which
  364  must be verified under oath or affirmation pursuant to s.
  365  92.525(1)(a).
  366         3. If the office sought is partisan, the written statement
  367  of political party affiliation required by s. 99.021(1)(b).
  368         4. The completed form for the appointment of campaign
  369  treasurer and designation of campaign depository, as required by
  370  s. 106.021.
  371         5. The full and public disclosure or statement of financial
  372  interests required by subsection (5). A public officer who has
  373  filed the full and public disclosure or statement of financial
  374  interests with the Commission on Ethics or the supervisor before
  375  of elections prior to qualifying for office may file a copy of
  376  that disclosure at the time of qualifying.
  377         Section 11. Subsection (7) and paragraph (a) of subsection
  378  (11) of section 100.371, Florida Statutes, are amended to read:
  379         100.371 Initiatives; procedure for placement on ballot.—
  380         (7)(a) A sponsor that collects petition forms or uses a
  381  petition circulator to collect petition forms serves as a
  382  fiduciary to the elector signing the petition form, ensuring
  383  that any petition form entrusted to the petition circulator
  384  shall be promptly delivered to the supervisor of elections
  385  within 30 days after the elector signs the form.
  386         (a) If a petition form collected by any petition circulator
  387  is not promptly delivered to the supervisor of elections, the
  388  sponsor is liable for the following fines:
  389         1. A fine in the amount of $50 for each petition form
  390  received by the supervisor of elections more than 30 days after
  391  the elector signed the petition form or the next business day,
  392  if the office is closed. A fine in the amount of $250 for each
  393  petition form received if the sponsor or petition circulator
  394  acted willfully.
  395         2. A fine in the amount of $500 for each petition form
  396  collected by a petition circulator which is not submitted to the
  397  supervisor of elections. A fine in the amount of $1,000 for any
  398  petition form not submitted if the sponsor or petition
  399  circulator acted willfully.
  400         (b) A showing by the sponsor that the failure to deliver
  401  the petition form within the required timeframe is based upon
  402  force majeure or impossibility of performance is an affirmative
  403  defense to a violation of this subsection. The fines described
  404  in this subsection may be waived upon a showing that the failure
  405  to deliver the petition form promptly is based upon force
  406  majeure or impossibility of performance.
  407         (c)A sponsor shall deliver petition forms, which must be
  408  grouped in batches by the petition circulator who collected
  409  them, to the supervisor.
  410         (11)(a) An initiative petition form circulated for
  411  signature may not be bundled with or attached to any other
  412  petition. Each signature shall be dated when made and shall be
  413  valid until the next February 1 occurring in an even-numbered
  414  year for the purpose of the amendment appearing on the ballot
  415  for the general election occurring in that same year, provided
  416  all other requirements of law are met. The sponsor shall submit
  417  signed and dated forms to the supervisor of elections for the
  418  county of residence listed by the person signing the form for
  419  verification of the number of valid signatures obtained. If a
  420  signature on a petition is from a registered voter in another
  421  county, the supervisor shall notify the petition sponsor of the
  422  misfiled petition. The supervisor shall promptly verify the
  423  signatures within 60 days after receipt of the petition forms
  424  and payment of a fee for the actual cost of signature
  425  verification incurred by the supervisor. However, for petition
  426  forms submitted less than 60 days before February 1 of an even
  427  numbered year, the supervisor shall promptly verify the
  428  signatures within 30 days after receipt of the form and payment
  429  of the fee for signature verification. The supervisor shall
  430  promptly record, in the manner prescribed by the Secretary of
  431  State, the date each form is received by the supervisor, and the
  432  date the signature on the form is verified as valid. The
  433  supervisor may verify that the signature on a form is valid only
  434  if:
  435         1. The form contains the original signature of the
  436  purported elector. A digital signature of the purported elector
  437  which complies with the requirements of part I of chapter 668 is
  438  considered an original signature for purposes of this
  439  requirement.
  440         2. The purported elector has accurately recorded on the
  441  form the date on which he or she signed the form.
  442         3. The form sets forth the purported elector’s name,
  443  address, city, county, and voter registration number or date of
  444  birth.
  445         4. The purported elector is, at the time he or she signs
  446  the form and at the time the form is verified, a duly qualified
  447  and registered elector in the state.
  448         5. The signature was obtained legally, including that if a
  449  paid petition circulator was used, the circulator was validly
  450  registered under subsection (3) when the signature was obtained.
  451  
  452  The supervisor shall retain the signature forms for at least 1
  453  year following the election in which the issue appeared on the
  454  ballot or until the division notifies the supervisors of
  455  elections that the committee that circulated the petition is no
  456  longer seeking to obtain ballot position.
  457         Section 12. Section 100.51, Florida Statutes, is created to
  458  read:
  459         100.51General Election Day paid holiday.—In order to
  460  encourage civic participation, enable more individuals to serve
  461  as poll workers, and provide additional time for the resolution
  462  of any issues that arise while an elector is casting his or her
  463  vote, General Election Day is a paid holiday. An elector is
  464  entitled to absent himself or herself from any service or
  465  employment in which he or she is engaged or employed during the
  466  time the polls are open on General Election Day. An elector who
  467  absents himself or herself under this section may not be
  468  penalized in any way and a deduction may not be made from his or
  469  her usual salary or wages on account of his or her absence.
  470         Section 13. Section 101.016, Florida Statutes, is created
  471  to read:
  472         101.016Strategic elections equipment reserve.—The Division
  473  of Elections shall maintain a strategic elections equipment
  474  reserve of voting systems that may be deployed in the event of
  475  an emergency as defined in s. 101.732 or upon the occurrence of
  476  equipment capacity issues due to unexpected voter turnout. The
  477  reserve shall include tabulation equipment and any other
  478  necessary equipment, such as printers, that are in use by each
  479  supervisor of elections. In lieu of maintaining a physical
  480  reserve of such equipment, the division may contract with a
  481  vendor of voting equipment that shall provide such equipment on
  482  an as-needed basis.
  483         Section 14. Subsections (1) and (2) of section 101.048,
  484  Florida Statutes, are amended to read:
  485         101.048 Provisional ballots.—
  486         (1) At all elections, a voter claiming to be properly
  487  registered in the state and eligible to vote at the precinct in
  488  the election but whose eligibility cannot be determined, a
  489  person whom an election official asserts is not eligible, and
  490  other persons specified in the code shall be entitled to vote a
  491  provisional ballot in the county in which the voter claims to be
  492  registered. Once voted, the provisional ballot shall be placed
  493  in a secrecy envelope and thereafter sealed in a provisional
  494  ballot envelope. The provisional ballot shall be deposited in a
  495  ballot box. All provisional ballots shall remain sealed in their
  496  envelopes for return to the supervisor of elections. The
  497  department shall prescribe the form of the provisional ballot
  498  envelope. A person casting a provisional ballot shall have the
  499  right to present written evidence supporting his or her
  500  eligibility to vote to the supervisor of elections by not later
  501  than 5 p.m. on the second day following the election.
  502         (2)(a) The county canvassing board shall examine each
  503  Provisional Ballot Voter’s Certificate and Affirmation to
  504  determine if the person voting that ballot was entitled to vote
  505  in the county in which at the precinct where the person cast a
  506  vote in the election and that the person had not already cast a
  507  ballot in the election. In determining whether a person casting
  508  a provisional ballot is entitled to vote, the county canvassing
  509  board shall review the information provided in the Voter’s
  510  Certificate and Affirmation, written evidence provided by the
  511  person pursuant to subsection (1), information provided in any
  512  cure affidavit and accompanying supporting documentation
  513  pursuant to subsection (6), any other evidence presented by the
  514  supervisor, and, in the case of a challenge, any evidence
  515  presented by the challenger. A ballot of a person casting a
  516  provisional ballot shall be canvassed pursuant to paragraph (b)
  517  unless the canvassing board determines by a preponderance of the
  518  evidence that the person was not entitled to vote.
  519         (b) If it is determined that the person was registered and
  520  entitled to vote in the county in which at the precinct where
  521  the person cast a vote in the election, the canvassing board
  522  must compare the signature on the Provisional Ballot Voter’s
  523  Certificate and Affirmation or the provisional ballot cure
  524  affidavit with the signature on the voter’s registration or
  525  precinct register. A provisional ballot may be counted only if:
  526         1. The signature on the voter’s certificate or the cure
  527  affidavit matches the elector’s signature in the registration
  528  books or the precinct register; however, in the case of a cure
  529  affidavit, the supporting identification listed in subsection
  530  (6) must also confirm the identity of the elector; or
  531         2. The cure affidavit contains a signature that does not
  532  match the elector’s signature in the registration books or the
  533  precinct register, but the elector has submitted a current and
  534  valid Tier 1 form of identification confirming his or her
  535  identity pursuant to subsection (6).
  536  
  537  For purposes of this paragraph, any canvassing board finding
  538  that signatures do not match must be by majority vote and beyond
  539  a reasonable doubt.
  540         (c) Any provisional ballot not counted must remain in the
  541  envelope containing the Provisional Ballot Voter’s Certificate
  542  and Affirmation and the envelope shall be marked “Rejected as
  543  Illegal.”
  544         (d) If a provisional ballot is validated following the
  545  submission of a cure affidavit, the supervisor must make a copy
  546  of the affidavit, affix it to a voter registration application,
  547  and immediately process it as a valid request for a signature
  548  update pursuant to s. 98.077.
  549         Section 15. Paragraph (a) of subsection (2) and paragraph
  550  (a) of subsection (3) of section 101.151, Florida Statutes, are
  551  amended to read:
  552         101.151 Specifications for ballots.—
  553         (2)(a) The ballot must include the following office titles
  554  above the names of the candidates for the respective offices in
  555  the following order:
  556         1. The office titles of President and Vice President above
  557  the names of the candidates for President and Vice President of
  558  the United States nominated by the political party that received
  559  the highest vote for Governor in the last general election of
  560  the Governor in this state, followed by the names of other
  561  candidates for President and Vice President of the United States
  562  who have been properly nominated.
  563         2. The office titles of United States Senator and
  564  Representative in Congress.
  565         3. The office titles of Governor and Lieutenant Governor;
  566  Attorney General; Chief Financial Officer; Commissioner of
  567  Agriculture; Secretary of State; State Attorney, with the
  568  applicable judicial circuit; and Public Defender, with the
  569  applicable judicial circuit.
  570         4. The office titles of State Senator and State
  571  Representative, with the applicable district for the office
  572  printed beneath.
  573         5. The office titles of Clerk of the Circuit Court or, when
  574  the Clerk of the Circuit Court also serves as the County
  575  Comptroller, Clerk of the Circuit Court and Comptroller, when
  576  authorized by law; Clerk of the County Court, when authorized by
  577  law; Sheriff; Property Appraiser; Tax Collector; District
  578  Superintendent of Schools; and Supervisor of Elections.
  579         6. The office titles of Board of County Commissioners, with
  580  the applicable district printed beneath each office, and such
  581  other county and district offices as are involved in the
  582  election, in the order fixed by the Department of State,
  583  followed, in the year of their election, by “Party Offices,” and
  584  thereunder the offices of state and county party executive
  585  committee members.
  586         (3)(a) The names of the candidates of each the party that
  587  received the highest number of votes for Governor in the last
  588  election in which a Governor was elected shall be ordered
  589  randomly placed first for each office on the general election
  590  ballot, together with an appropriate abbreviation of the party
  591  name; the names of the candidates of the party that received the
  592  second highest vote for Governor shall be placed second for each
  593  office, together with an appropriate abbreviation of the party
  594  name.
  595         Section 16. Subsection (6) is added to section 101.5612,
  596  Florida Statutes, to read:
  597         101.5612 Testing of tabulating equipment.—
  598         (6)A supervisor of elections shall annually file with the
  599  Secretary of State a detailed plan for operations in the event
  600  that maximum voter turnout occurs on election day and a recount
  601  is required in each race on a ballot.
  602         Section 17. Paragraph (a) of subsection (1), subsection
  603  (2), and paragraph (c) of subsection (4) of section 101.62,
  604  Florida Statutes, are amended, and subsection (7) is added to
  605  that section, to read:
  606         101.62 Request for vote-by-mail ballots.—
  607         (1)(a) The supervisor shall accept a request for a vote-by
  608  mail ballot from an elector in person or in writing. One request
  609  shall be deemed sufficient to receive a vote-by-mail ballot for
  610  all elections until the elector or the elector’s designee
  611  notifies the supervisor that the elector cancels such request
  612  through the end of the calendar year of the second ensuing
  613  regularly scheduled general election, unless the elector or the
  614  elector’s designee indicates at the time the request is made the
  615  elections for which the elector desires to receive a vote-by
  616  mail ballot. Such request may be considered canceled when any
  617  first-class mail sent by the supervisor to the elector is
  618  returned as undeliverable.
  619         (2) A request for a vote-by-mail ballot to be mailed to a
  620  voter must be received no later than 5 p.m. on the 11th 10th day
  621  before the election by the supervisor. The supervisor shall mail
  622  vote-by-mail ballots to voters requesting ballots by such
  623  deadline no later than 8 days before the election.
  624         (4)
  625         (c) The supervisor shall provide a vote-by-mail ballot to
  626  each elector by whom a request for that ballot has been made by
  627  one of the following means:
  628         1. By nonforwardable, return-if-undeliverable mail to the
  629  elector’s current mailing address on file with the supervisor or
  630  any other address the elector specifies in the request.
  631         2. By forwardable mail, e-mail, or facsimile machine
  632  transmission to absent uniformed services voters and overseas
  633  voters. The absent uniformed services voter or overseas voter
  634  may designate in the vote-by-mail ballot request the preferred
  635  method of transmission. If the voter does not designate the
  636  method of transmission, the vote-by-mail ballot shall be mailed.
  637         3. By personal delivery before 7 p.m. on election day to
  638  the elector, upon presentation of the identification required in
  639  s. 101.043.
  640         4. By delivery to a designee on election day or up to 11 9
  641  days prior to the day of an election. Any elector may designate
  642  in writing a person to pick up the ballot for the elector;
  643  however, the person designated may not pick up more than two
  644  vote-by-mail ballots per election, other than the designee’s own
  645  ballot, except that additional ballots may be picked up for
  646  members of the designee’s immediate family. For purposes of this
  647  section, “immediate family” means the designee’s spouse or the
  648  parent, child, grandparent, or sibling of the designee or of the
  649  designee’s spouse. The designee shall provide to the supervisor
  650  the written authorization by the elector and a picture
  651  identification of the designee and must complete an affidavit.
  652  The designee shall state in the affidavit that the designee is
  653  authorized by the elector to pick up that ballot and shall
  654  indicate if the elector is a member of the designee’s immediate
  655  family and, if so, the relationship. The department shall
  656  prescribe the form of the affidavit. If the supervisor is
  657  satisfied that the designee is authorized to pick up the ballot
  658  and that the signature of the elector on the written
  659  authorization matches the signature of the elector on file, the
  660  supervisor shall give the ballot to that designee for delivery
  661  to the elector.
  662         5. Except as provided in s. 101.655, the supervisor may not
  663  deliver a vote-by-mail ballot to an elector or an elector’s
  664  immediate family member on the day of the election unless there
  665  is an emergency, to the extent that the elector will be unable
  666  to go to his or her assigned polling place. If a vote-by-mail
  667  ballot is delivered, the elector or his or her designee shall
  668  execute an affidavit affirming to the facts which allow for
  669  delivery of the vote-by-mail ballot. The department shall adopt
  670  a rule providing for the form of the affidavit.
  671         (7)If a deadline imposed under this section falls on a day
  672  when the office of the supervisor is usually closed, the
  673  deadline shall be extended until the next business day.
  674         Section 18. Subsections (1) and (2) of section 101.64,
  675  Florida Statutes, are amended to read:
  676         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  677         (1) The supervisor shall enclose with each vote-by-mail
  678  ballot two envelopes: a secrecy envelope, into which the absent
  679  elector shall enclose his or her marked ballot; and a postage
  680  paid mailing envelope, into which the absent elector shall then
  681  place the secrecy envelope, which shall be addressed to the
  682  supervisor and also bear on the back side a certificate in
  683  substantially the following form:
  684  
  685           Note: Please Read Instructions Carefully Before         
  686         Marking Ballot and Completing Voter’s Certificate.        
  687  
  688                         VOTER’S CERTIFICATE                       
  689  
  690         I, ...., do solemnly swear or affirm that I am a qualified
  691  and registered voter of .... County, Florida, and that I have
  692  not and will not vote more than one ballot in this election. I
  693  understand that if I commit or attempt to commit any fraud in
  694  connection with voting, vote a fraudulent ballot, or vote more
  695  than once in an election, I can be convicted of a felony of the
  696  third degree and fined up to $5,000 and/or imprisoned for up to
  697  5 years. I also understand that failure to sign this certificate
  698  will invalidate my ballot.
  699  ...(Date)...
  700  ...(Voter’s Signature or Last Four Digits of Social Security
  701  Number)...
  702  ...(E-Mail Address)...	...(Home Telephone Number)...
  703  ...(Mobile Telephone Number)...
  704         (2) The certificate shall be arranged on the back of the
  705  mailing envelope so that the line for the signature or the last
  706  four digits of the social security number of the absent elector
  707  is across the seal of the envelope; however, no statement shall
  708  appear on the envelope which indicates that a signature or the
  709  last four digits of the social security number of the voter must
  710  cross the seal of the envelope. The absent elector shall execute
  711  the certificate on the envelope.
  712         Section 19. Section 101.65, Florida Statutes, is amended to
  713  read:
  714         101.65 Instructions to absent electors.—The supervisor
  715  shall enclose with each vote-by-mail ballot separate printed
  716  instructions in substantially the following form; however, where
  717  the instructions appear in capitalized text, the text of the
  718  printed instructions must be in bold font:
  719                  READ THESE INSTRUCTIONS CAREFULLY                
  720                       BEFORE MARKING BALLOT.                      
  721         1. VERY IMPORTANT. In order to ensure that your vote-by
  722  mail ballot will be counted, it should be completed and returned
  723  as soon as possible so that it can reach the supervisor of
  724  elections of the county in which your precinct is located no
  725  later than 7 p.m. on the day of the election. However, if you
  726  are an overseas voter casting a ballot in a presidential
  727  preference primary or general election, your vote-by-mail ballot
  728  must be postmarked or dated no later than the date of the
  729  election and received by the supervisor of elections of the
  730  county in which you are registered to vote no later than 10 days
  731  after the date of the election. Note that the later you return
  732  your ballot, the less time you will have to cure any signature
  733  deficiencies, which may cause your ballot to not be counted is
  734  authorized until 5 p.m. on the 2nd day after the election.
  735         2. Mark your ballot in secret as instructed on the ballot.
  736  You must mark your own ballot unless you are unable to do so
  737  because of blindness, disability, or inability to read or write.
  738         3. Mark only the number of candidates or issue choices for
  739  a race as indicated on the ballot. If you are allowed to “Vote
  740  for One” candidate and you vote for more than one candidate,
  741  your vote in that race will not be counted.
  742         4. Place your marked ballot in the enclosed secrecy
  743  envelope.
  744         5. Insert the secrecy envelope into the enclosed mailing
  745  envelope which is addressed to the supervisor.
  746         6. Seal the mailing envelope and completely fill out the
  747  Voter’s Certificate on the back of the mailing envelope.
  748         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
  749  be counted, you must sign your name or print the last four
  750  digits of your social security number on the line above (Voter’s
  751  Signature or Last Four Digits of Social Security Number). A
  752  vote-by-mail ballot will be considered illegal and not be
  753  counted if the signature or the last four digits of the social
  754  security number on the voter’s certificate does not match the
  755  signature or social security number on record. The signature on
  756  file at the time the supervisor of elections in the county in
  757  which your precinct is located receives your vote-by-mail ballot
  758  is the signature that will be used to verify your signature on
  759  the voter’s certificate. If you need to update your signature
  760  for this election, send your signature update on a voter
  761  registration application to your supervisor of elections so that
  762  it is received before your vote-by-mail ballot is received.
  763         8. VERY IMPORTANT. If you are an overseas voter, you must
  764  include the date you signed the Voter’s Certificate or printed
  765  the last four digits of your social security number on the line
  766  above (Date) or your ballot may not be counted.
  767         9. Mail, deliver, or have delivered the completed mailing
  768  envelope. Be sure there is sufficient postage if mailed. THE
  769  COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
  770  SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
  771  LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX,
  772  AVAILABLE AT EACH EARLY VOTING LOCATION.
  773         10. FELONY NOTICE. It is a felony under Florida law to
  774  accept any gift, payment, or gratuity in exchange for your vote
  775  for a candidate. It is also a felony under Florida law to vote
  776  in an election using a false identity or false address, or under
  777  any other circumstances making your ballot false or fraudulent.
  778         Section 20. Subsection (1), paragraph (c) of subsection
  779  (2), and paragraphs (a) through (d) of subsection (4) of section
  780  101.68, Florida Statutes, are amended to read:
  781         101.68 Canvassing of vote-by-mail ballot.—
  782         (1) The supervisor of the county where the absent elector
  783  resides shall receive the voted ballot, at which time the
  784  supervisor shall compare the signature or partial social
  785  security number of the elector on the voter’s certificate with
  786  the signature or partial social security number of the elector
  787  in the registration books or the precinct register to determine
  788  whether the elector is duly registered in the county and may
  789  record on the elector’s registration certificate that the
  790  elector has voted. An elector who dies after casting a vote-by
  791  mail ballot but on or before election day shall remain listed in
  792  the registration books until the results have been certified for
  793  the election in which the ballot was cast. The supervisor shall
  794  safely keep the ballot unopened in his or her office until the
  795  county canvassing board canvasses the vote. Except as provided
  796  in subsection (4), after a vote-by-mail ballot is received by
  797  the supervisor, the ballot is deemed to have been cast, and
  798  changes or additions may not be made to the voter’s certificate.
  799         (2)
  800         (c)1. The canvassing board must, if the supervisor has not
  801  already done so, compare the signature or partial social
  802  security number of the elector on the voter’s certificate or on
  803  the vote-by-mail ballot cure affidavit as provided in subsection
  804  (4) with the signature or partial social security number of the
  805  elector in the registration books or the precinct register to
  806  see that the elector is duly registered in the county and to
  807  determine the legality of that vote-by-mail ballot. A vote-by
  808  mail ballot may only be counted if:
  809         a. The signature or partial social security number on the
  810  voter’s certificate or the cure affidavit matches the elector’s
  811  signature or partial social security number in the registration
  812  books or precinct register; however, in the case of a cure
  813  affidavit, the supporting identification listed in subsection
  814  (4) must also confirm the identity of the elector; or
  815         b. The cure affidavit contains a signature or partial
  816  social security number that does not match the elector’s
  817  signature or partial social security number in the registration
  818  books or precinct register, but the elector has submitted a
  819  current and valid Tier 1 identification pursuant to subsection
  820  (4) which confirms the identity of the elector.
  821  
  822  For purposes of this subparagraph, any canvassing board finding
  823  that an elector’s signatures or partial social security numbers
  824  do not match must be by majority vote and beyond a reasonable
  825  doubt.
  826         2. The ballot of an elector who casts a vote-by-mail ballot
  827  shall be counted even if the elector dies on or before election
  828  day, as long as, before the death of the voter, the ballot was
  829  postmarked by the United States Postal Service, date-stamped
  830  with a verifiable tracking number by a common carrier, or
  831  already in the possession of the supervisor.
  832         3. A vote-by-mail ballot is not considered illegal if the
  833  signature or partial social security number of the elector does
  834  not cross the seal of the mailing envelope.
  835         4. If any elector or candidate present believes that a
  836  vote-by-mail ballot is illegal due to a defect apparent on the
  837  voter’s certificate or the cure affidavit, he or she may, at any
  838  time before the ballot is removed from the envelope, file with
  839  the canvassing board a protest against the canvass of that
  840  ballot, specifying the precinct, the ballot, and the reason he
  841  or she believes the ballot to be illegal. A challenge based upon
  842  a defect in the voter’s certificate or cure affidavit may not be
  843  accepted after the ballot has been removed from the mailing
  844  envelope.
  845         5. If the canvassing board determines that a ballot is
  846  illegal, a member of the board must, without opening the
  847  envelope, mark across the face of the envelope: “rejected as
  848  illegal.” The cure affidavit, if applicable, the envelope, and
  849  the ballot therein shall be preserved in the manner that
  850  official ballots are preserved.
  851         (4)(a) As soon as practicable, the supervisor shall, on
  852  behalf of the county canvassing board, attempt to notify an
  853  elector who has returned a vote-by-mail ballot that does not
  854  include the elector’s signature or partial social security
  855  number or contains a signature or partial social security number
  856  that does not match the elector’s signature or partial social
  857  security number in the registration books or precinct register
  858  by:
  859         1. Notifying the elector of the signature or partial social
  860  security number deficiency by e-mail and directing the elector
  861  to the cure affidavit and instructions on the supervisor’s
  862  website;
  863         2. Notifying the elector of the signature or partial social
  864  security number deficiency by text message and directing the
  865  elector to the cure affidavit and instructions on the
  866  supervisor’s website; or
  867         3. Notifying the elector of the signature or partial social
  868  security number deficiency by telephone and directing the
  869  elector to the cure affidavit and instructions on the
  870  supervisor’s website.
  871  
  872  In addition to the notification required under subparagraph 1.,
  873  subparagraph 2., or subparagraph 3., the supervisor must notify
  874  the elector of the signature or partial social security number
  875  deficiency by first-class mail and direct the elector to the
  876  cure affidavit and instructions on the supervisor’s website.
  877  Beginning the day before the election, the supervisor is not
  878  required to provide notice of the signature deficiency by first
  879  class mail, but shall continue to provide notice as required
  880  under subparagraph 1., subparagraph 2., or subparagraph 3.
  881         (b) The supervisor shall allow a reasonable amount of time
  882  for such an elector to complete and submit an affidavit in order
  883  to cure the vote-by-mail ballot until 5 p.m. on the 2nd day
  884  after the election.
  885         (c) The elector must complete a cure affidavit in
  886  substantially the following form:
  887  
  888                 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT                
  889  
  890         I, ...., am a qualified voter in this election and
  891  registered voter of .... County, Florida. I do solemnly swear or
  892  affirm that I requested and returned the vote-by-mail ballot and
  893  that I have not and will not vote more than one ballot in this
  894  election. I understand that if I commit or attempt any fraud in
  895  connection with voting, vote a fraudulent ballot, or vote more
  896  than once in an election, I may be convicted of a felony of the
  897  third degree and fined up to $5,000 and imprisoned for up to 5
  898  years. I understand that my failure to sign this affidavit means
  899  that my vote-by-mail ballot will be invalidated.
  900  
  901  ...(Voter’s Signature or Last Four Digits of Social Security
  902  Number)...
  903  ...(Address)...
  904  
  905         (d) Instructions must accompany the cure affidavit in
  906  substantially the following form:
  907  
  908         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  909  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  910  BALLOT NOT TO COUNT.
  911  
  912         1. In order to ensure that your vote-by-mail ballot will be
  913  counted, your affidavit should be completed and returned as soon
  914  as possible so that it can reach the supervisor of elections of
  915  the county in which your precinct is located in a reasonable
  916  amount of time no later than 5 p.m. on the 2nd day after the
  917  election.
  918         2. You must sign your name or print the last four digits of
  919  your social security number on the line above (Voter’s Signature
  920  or Last Four Digits of Social Security Number).
  921         3. You must make a copy of one of the following forms of
  922  identification:
  923         a. Tier 1 identification.—Current and valid identification
  924  that includes your name and photograph: Florida driver license;
  925  Florida identification card issued by the Department of Highway
  926  Safety and Motor Vehicles; United States passport; debit or
  927  credit card; military identification; student identification;
  928  retirement center identification; neighborhood association
  929  identification; public assistance identification; veteran health
  930  identification card issued by the United States Department of
  931  Veterans Affairs; a Florida license to carry a concealed weapon
  932  or firearm; or an employee identification card issued by any
  933  branch, department, agency, or entity of the Federal Government,
  934  the state, a county, or a municipality; or
  935         b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
  936  FORM OF IDENTIFICATION, identification that shows your name and
  937  current residence address: current utility bill, bank statement,
  938  government check, paycheck, or government document (excluding
  939  voter information card).
  940         4. Place the envelope bearing the affidavit into a mailing
  941  envelope addressed to the supervisor. Insert a copy of your
  942  identification in the mailing envelope. Mail (if time permits),
  943  deliver, or have delivered the completed affidavit along with
  944  the copy of your identification to your county supervisor of
  945  elections. Be sure there is sufficient postage if mailed and
  946  that the supervisor’s address is correct. Remember, your
  947  information MUST reach your county supervisor of elections in a
  948  reasonable amount of time no later than 5 p.m. on the 2nd day
  949  after the election, or your ballot will not count.
  950         5. Alternatively, you may fax or e-mail your completed
  951  affidavit and a copy of your identification to the supervisor of
  952  elections. If e-mailing, please provide these documents as
  953  attachments.
  954         Section 21. Section 101.6952, Florida Statutes, is amended
  955  to read:
  956         101.6952 Vote-by-mail ballots for absent uniformed services
  957  and overseas voters.—
  958         (1) If an absent uniformed services voter’s or an overseas
  959  voter’s request for an official vote-by-mail ballot pursuant to
  960  s. 101.62 includes an e-mail address, the supervisor of
  961  elections shall:
  962         (a) Record the voter’s e-mail address in the vote-by-mail
  963  ballot record;
  964         (b) Confirm by e-mail that the vote-by-mail ballot request
  965  was received and include in that e-mail the estimated date the
  966  vote-by-mail ballot will be sent to the voter; and
  967         (c) Notify the voter by e-mail when the voted vote-by-mail
  968  ballot is received by the supervisor of elections.
  969         (2)(a) An absent uniformed services voter or an overseas
  970  voter who makes timely application for but does not receive an
  971  official vote-by-mail ballot may use the federal write-in
  972  absentee ballot to vote in any federal, state, or local
  973  election.
  974         (b)1. In an election for federal office, an elector may
  975  designate a candidate by writing the name of a candidate on the
  976  ballot. Except for a primary or special primary election, the
  977  elector may alternatively designate a candidate by writing the
  978  name of a political party on the ballot. A written designation
  979  of the political party shall be counted as a vote for the
  980  candidate of that party if there is such a party candidate in
  981  the race.
  982         2. In a state or local election, an elector may vote in the
  983  section of the federal write-in absentee ballot designated for
  984  nonfederal races by writing on the ballot the title of each
  985  office and by writing on the ballot the name of the candidate
  986  for whom the elector is voting. Except for a primary, special
  987  primary, or nonpartisan election, the elector may alternatively
  988  designate a candidate by writing the name of a political party
  989  on the ballot. A written designation of the political party
  990  shall be counted as a vote for the candidate of that party if
  991  there is such a party candidate in the race. In addition, the
  992  elector may vote on any ballot measure presented in such
  993  election by identifying the ballot measure on which he or she
  994  desires to vote and specifying his or her vote on the measure.
  995  For purposes of this section, a vote cast in a judicial merit
  996  retention election shall be treated in the same manner as a
  997  ballot measure in which the only allowable responses are “Yes”
  998  or “No.”
  999         (c) In the case of a joint candidacy, such as for the
 1000  offices of President/Vice President or Governor/Lieutenant
 1001  Governor, a valid vote for one or both qualified candidates on
 1002  the same ticket shall constitute a vote for the joint candidacy.
 1003         (d) For purposes of this subsection and except when the
 1004  context clearly indicates otherwise, such as when a candidate in
 1005  the election is affiliated with a political party whose name
 1006  includes the word “Independent,” “Independence,” or a similar
 1007  term, a voter designation of “No Party Affiliation” or
 1008  “Independent,” or any minor variation, misspelling, or
 1009  abbreviation thereof, shall be considered a designation for the
 1010  candidate, other than a write-in candidate, who qualified to run
 1011  in the race with no party affiliation. If more than one
 1012  candidate qualifies to run as a candidate with no party
 1013  affiliation, the designation may not count for any candidate
 1014  unless there is a valid, additional designation of the
 1015  candidate’s name.
 1016         (e) Any abbreviation, misspelling, or other minor variation
 1017  in the form of the name of an office, the name of a candidate,
 1018  the ballot measure, or the name of a political party must be
 1019  disregarded in determining the validity of the ballot.
 1020         (3)(a) An absent uniformed services voter or an overseas
 1021  voter who submits a federal write-in absentee ballot and later
 1022  receives an official vote-by-mail ballot may submit the official
 1023  vote-by-mail ballot. An elector who submits a federal write-in
 1024  absentee ballot and later receives and submits an official vote
 1025  by-mail ballot should make every reasonable effort to inform the
 1026  appropriate supervisor of elections that the elector has
 1027  submitted more than one ballot.
 1028         (b) A federal write-in absentee ballot may not be canvassed
 1029  until 7 p.m. on the day of the election. A federal write-in
 1030  absentee ballot from an absent overseas voter in a presidential
 1031  preference primary or general election may not be canvassed
 1032  until the conclusion of the 10-day period specified in
 1033  subsection (5). Each federal write-in absentee ballot received
 1034  by 7 p.m. on the day of the election shall be canvassed pursuant
 1035  to ss. 101.5614(4) and 101.68, unless the elector’s official
 1036  vote-by-mail ballot is received by 7 p.m. on election day. Each
 1037  federal write-in absentee ballot from an absent overseas voter
 1038  in a presidential preference primary or general election
 1039  received by 10 days after the date of the election shall be
 1040  canvassed pursuant to ss. 101.5614(4) and 101.68, unless the
 1041  absent overseas voter’s official vote-by-mail ballot is received
 1042  by 10 days after the date of the election. If the elector’s
 1043  official vote-by-mail ballot is received by 7 p.m. on election
 1044  day, or, for an overseas voter in a presidential preference
 1045  primary or general election, no later than 10 days after the
 1046  date of the election, the federal write-in absentee ballot is
 1047  invalid and the official vote-by-mail ballot shall be canvassed.
 1048  The time shall be regulated by the customary time in standard
 1049  use in the county seat of the locality.
 1050         (4) For vote-by-mail ballots received from absent uniformed
 1051  services voters or overseas voters, there is a presumption that
 1052  the envelope was mailed on the date stated on the outside of the
 1053  return envelope, regardless of the absence of a postmark on the
 1054  mailed envelope or the existence of a postmark date that is
 1055  later than the date of the election.
 1056         (5) A vote-by-mail ballot from an absent overseas voter in
 1057  any presidential preference primary or general election which is
 1058  postmarked or dated no later than the date of the election and
 1059  is received by the supervisor of elections of the county in
 1060  which the overseas voter is registered no later than 10 days
 1061  after the date of the election shall be counted as long as the
 1062  vote-by-mail ballot is otherwise proper.
 1063         Section 22. Section 101.697, Florida Statutes, is amended
 1064  to read:
 1065         101.697 Electronic transmission of election materials.—
 1066         (1) The Department of State shall determine whether secure
 1067  electronic means can be established for receiving ballots from
 1068  overseas voters. If such security can be established, the
 1069  department shall adopt rules to authorize a supervisor of
 1070  elections to accept from an overseas voter a request for a vote
 1071  by-mail ballot or a voted vote-by-mail ballot by secure
 1072  facsimile machine transmission or other secure electronic means.
 1073  The rules must provide that in order to accept a voted ballot,
 1074  the verification of the voter must be established, the security
 1075  of the transmission must be established, and each ballot
 1076  received must be recorded.
 1077         (2)The Department of State shall determine whether secure
 1078  electronic means can be established for receiving ballots from
 1079  voters for good cause, including during or immediately after an
 1080  emergency as defined in s. 101.732. If such secure electronic
 1081  means can be established, the department shall adopt rules to
 1082  authorize a supervisor of elections to accept from a voter a
 1083  voted ballot by secure facsimile machine transmission or other
 1084  secure electronic means. The rules must provide that in order to
 1085  accept a voted ballot, the verification of the voter must be
 1086  established, the security of the transmission must be
 1087  established, and each ballot received must be recorded. Such a
 1088  ballot may not be accepted by a supervisor of elections except
 1089  upon a determination of good cause by the department.
 1090         Section 23. Subsection (6) is added to section 101.71,
 1091  Florida Statutes, to read:
 1092         101.71 Polling place.—
 1093         (6)A polling place may not be located within a gated
 1094  community unless the legal residence of every elector in the
 1095  precinct is within such gated community.
 1096         Section 24. Paragraph (e) of subsection (4) of section
 1097  102.031, Florida Statutes, is amended, and subsection (6) is
 1098  added to that section, to read:
 1099         102.031 Maintenance of good order at polls; authorities;
 1100  persons allowed in polling rooms and early voting areas;
 1101  unlawful solicitation of voters.—
 1102         (4)
 1103         (e)The owner, operator, or lessee of the property on which
 1104  a polling place or an early voting site is located, or an agent
 1105  or employee thereof, may not prohibit the solicitation of voters
 1106  outside of the no-solicitation zone during polling hours.
 1107         (6)Bullhorns or other devices used to amplify sound are
 1108  prohibited in close proximity to:
 1109         (a)A polling place during voting hours.
 1110         (b)An office of the supervisor during a recount.
 1111         Section 25. Subsection (2) of section 102.111, Florida
 1112  Statutes, is amended to read:
 1113         102.111 Elections Canvassing Commission.—
 1114         (2) The Elections Canvassing Commission shall meet at 9
 1115  a.m. on the 9th day after a primary election to certify the
 1116  returns for each federal, state, and multicounty office. The
 1117  commission shall meet and at 9 a.m. on the 14th day after a
 1118  general election to certify the returns of the election for each
 1119  federal, state, and multicounty office. The commission shall
 1120  meet at 9 a.m. on the 21st day after a general election to
 1121  certify the returns for each federal and state office. If a
 1122  member of a county canvassing board that was constituted
 1123  pursuant to s. 102.141 determines, within 5 days after the
 1124  certification by the Elections Canvassing Commission, that a
 1125  typographical error occurred in the official returns of the
 1126  county, the correction of which could result in a change in the
 1127  outcome of an election, the county canvassing board must certify
 1128  corrected returns to the Department of State within 24 hours,
 1129  and the Elections Canvassing Commission must correct and
 1130  recertify the election returns as soon as practicable.
 1131         Section 26. Subsection (2) of section 102.112, Florida
 1132  Statutes, is amended to read:
 1133         102.112 Deadline for submission of county returns to the
 1134  Department of State.—
 1135         (2) Returns must be filed by 5 p.m. on the 7th day
 1136  following a primary election, and by noon on the 12th day
 1137  following the general election for multicounty offices, and by
 1138  noon on the 19th day following the general election for federal
 1139  and statewide offices. However, the Department of State may
 1140  correct typographical errors, including the transposition of
 1141  numbers, in any returns submitted to the Department of State
 1142  pursuant to s. 102.111(2).
 1143         Section 27. Section 102.181, Florida Statutes, is created
 1144  to read:
 1145         102.181Action against supervisor of elections.—
 1146         (1)Any elector qualified to vote in or any candidate for
 1147  office in an election may file an action against the supervisor
 1148  of elections administering such election for noncompliance with
 1149  any provision of this code.
 1150         (2)Any elector or candidate who files such an action is
 1151  entitled to an immediate hearing.
 1152         (3)In any such action, any filing fees or costs shall be
 1153  waived and attorney fees shall be awarded to the prevailing
 1154  party or parties.
 1155         Section 28. This act shall take effect July 1, 2021.