CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0240
Florida Senate - 1998 SB 240
By the Committee on Executive Business, Ethics and Elections
and Senators Crist, Latvala, Silver, Clary, Bronson, Meadows,
Childers, Lee, Kirkpatrick, Dyer and Hargrett
313-349A-98
1 A bill to be entitled
2 An act relating to overseas electors; amending
3 s. 97.021, F.S.; defining the terms "absent
4 qualified elector overseas," "fax," and
5 "faxed"; amending s. 100.025, F.S.; revising
6 the notice of election to overseas electors;
7 amending s. 101.5614, F.S.; designating
8 procedures for tabulating faxed ballots;
9 amending s. 101.62, F.S.; authorizing
10 supervisors of elections to fax absentee
11 ballots to overseas electors requesting faxed
12 ballots; deleting certain requirements
13 applicable to overseas ballots; amending ss.
14 101.64, 101.65, F.S., to conform; creating s.
15 101.653, F.S.; providing instructions to be
16 included with faxed overseas ballots; amending
17 s. 101.68, F.S., to conform; amending s.
18 101.694, F.S.; authorizing procedure for
19 overseas electors using the Federal Post Card
20 Application to request faxed ballots; creating
21 s. 101.697, F.S.; authorizing the Department of
22 State to adopt rules to administer faxed
23 balloting; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Present subsections (2) through (10) of
28 section 97.021, Florida Statutes, are renumbered as
29 subsections (3) through (11), respectively, and present
30 subsections (11) through (30) of section 97.021, Florida
31 Statutes, are renumbered as subsections (13) through (32),
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1 respectively, and new subsections (2) and (12) are added to
2 that section to read:
3 97.021 Definitions.--For the purposes of this code,
4 except where the context clearly indicates otherwise, the
5 term:
6 (2) "Absent qualified elector overseas" means:
7 (a) Members of the Armed Forces while in the active
8 service who are permanent residents of the state and are
9 temporarily residing outside the territorial limits of the
10 United States and the District of Columbia;
11 (b) Members of the Merchant Marine of the United
12 States who are permanent residents of the state and are
13 temporarily residing outside the territorial limits of the
14 United States and the District of Columbia; and
15 (c) Other citizens of the United States who are
16 permanent residents of the state and are temporarily residing
17 outside the territorial limits of the United States and the
18 District of Columbia,
19
20 who are qualified and registered as provided by law.
21 (12) "Fax" or "faxed" means any transmission made by
22 an electronic telefacsimile machine or device which transports
23 an authentic copy of a document from one user of the device to
24 another.
25 Section 2. Section 100.025, Florida Statutes, is
26 amended to read:
27 100.025 Citizens residing overseas; notice of
28 elections.--A citizen of this state who is residing overseas
29 may notify the supervisor of elections in the county where he
30 or she is registered of his or her overseas address; and,
31 thereafter, the supervisor shall notify such citizen at least
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1 90 days prior to regular primary and general elections and
2 when possible prior to any special election so that such
3 citizen may follow the procedures for absentee voting provided
4 by law. The supervisor of elections shall provide instructions
5 to the overseas voter on the procedure to request an absentee
6 ballot by mail or by fax.
7 Section 3. Present subsections (6) through (8) of
8 section 101.5614, Florida Statutes, are renumbered as
9 subsections (7) through (9), respectively, and a new
10 subsection (6) is added to that section to read:
11 101.5614 Canvass of returns.--
12 (6) A faxed ballot received from a qualified overseas
13 elector may be counted manually or a true duplicate copy may
14 be made pursuant to the requirements of subsection (5) for
15 damaged or defective, nonpaper ballots. However, the method
16 chosen for tabulating faxed ballots must be the same for all
17 faxed ballots received in a particular county.
18 Section 4. Section 101.62, Florida Statutes, is
19 amended to read:
20 101.62 Request for absentee ballots.--
21 (1)(a) The supervisor may accept a request for an
22 absentee ballot from an elector or for an elector from any
23 person designated by such elector. Such request may be made in
24 person, by mail, or by telephone, or by fax. One request
25 shall be deemed sufficient to receive an absentee ballot for
26 all elections which are held within a calendar year, unless
27 the elector or the elector's designee indicates at the time
28 the request is made the elections for which the elector
29 desires to receive an absentee ballot. Such request may be
30 considered canceled when any first-class mail sent by the
31 supervisor to the elector is returned as undeliverable.
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1 (b) An absent qualified elector overseas may specify
2 in the request that the elector wants to receive a faxed
3 absentee ballot. If the elector requests a faxed ballot, the
4 request must state the telephone number to which the ballot is
5 to be sent. The supervisor shall fax an absentee ballot only
6 to an absent qualified elector overseas who makes a proper
7 request pursuant to this paragraph or s. 101.694(1).
8 (2) If a request for an absentee ballot is received
9 after the Friday before the election by the supervisor of
10 elections from an absent elector overseas, the supervisor
11 shall send a notice to the elector acknowledging receipt of
12 his or her request and notifying the elector that the ballot
13 will not be forwarded due to insufficient time for return of
14 the ballot by the required deadline.
15 (2)(3) For each request for an absentee ballot
16 received, the supervisor shall record the date the request was
17 made, the date the absentee ballot was delivered or mailed,
18 the date the ballot was received by the supervisor, and such
19 other information he or she may deem necessary. This
20 information shall be confidential and exempt from the
21 provisions of s. 119.07(1) and shall be made available to or
22 reproduced only for a canvassing board, an election official,
23 a political party or official thereof, a candidate who has
24 filed qualification papers and is opposed in an upcoming
25 election, and registered political committees or registered
26 committees of continuous existence, for political purposes
27 only.
28 (3)(4)(a) To each absent qualified elector overseas
29 who has requested an absentee ballot, the supervisor of
30 elections shall, not fewer than 35 days before the first
31 primary election, mail or fax an absentee ballot. For electors
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1 receiving a mailed ballot, the supervisor shall provide
2 instructions on how to request faxed ballots for subsequent
3 elections. Not fewer than 45 days before the second primary
4 and general election, the supervisor of elections shall mail
5 or fax an advance absentee ballot to those persons requesting
6 ballots for such elections. The advance absentee ballot for
7 the second primary shall be the same as the first primary
8 absentee ballot as to the names of candidates, except that for
9 any offices where there are only two candidates, those offices
10 and all political party executive committee offices shall be
11 omitted. The advance absentee ballot for the general election
12 shall be as specified in s. 101.151, except that in the case
13 of candidates of political parties where nominations were not
14 made in the first primary, the names of the candidates placing
15 first and second in the first primary election shall be
16 printed on the advance absentee ballot. For ballots that are
17 mailed, the advance absentee ballot or advance absentee ballot
18 information booklet shall be of a different color for each
19 election and also a different color from the absentee ballots
20 for the first primary, second primary, and general election.
21 The supervisor shall mail or fax an advance absentee ballot
22 for the second primary and general election to each qualified
23 absent elector for whom a request is received until the
24 absentee ballots are printed. The supervisor shall enclose or
25 fax with the advance second primary absentee ballot and
26 advance general election absentee ballot an explanation
27 stating that the absentee ballot for the election will be
28 mailed or faxed as soon as it is printed; and, if both the
29 advance absentee ballot and the absentee ballot for the
30 election are returned in time to be counted, only the absentee
31 ballot will be counted. As soon as the regular absentee
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1 ballots for the second primary and general election are
2 printed, the supervisor shall mail or fax a ballot to each
3 qualified elector overseas who requested an absentee ballot.
4 (b) Except as provided in paragraph (a) As soon as the
5 remainder of the absentee ballots are printed, the supervisor
6 shall deliver or mail an absentee ballot to each elector by
7 whom a request for that ballot has been made. Any elector may
8 designate in writing a person to pick up the ballot for the
9 elector; however, the person designated may not pick up more
10 than two absentee ballots per election, other than the
11 designee's own ballot, except that additional ballots may be
12 picked up for members of the designee's immediate family. For
13 purposes of this section, "immediate family" means the
14 designee's spouse or the parent, child, grandparent, or
15 sibling of the designee or of the designee's spouse. The
16 designee shall provide to the supervisor the written
17 authorization by the elector and a picture identification of
18 the designee and must complete an affidavit. The designee
19 shall state in the affidavit that the designee is authorized
20 by the elector to pick up that ballot and shall indicate if
21 the elector is a member of the designee's immediate family
22 and, if so, the relationship. The department shall prescribe
23 the form of the affidavit. If the supervisor is satisfied that
24 the designee is authorized to pick up the ballot and that the
25 signature of the elector on the written authorization matches
26 the signature of the elector on file, the supervisor shall
27 give the ballot to that designee for delivery to the elector.
28 (4)(5) In the event that the Elections Canvassing
29 Commission is unable to certify the results of an election for
30 a state office in time to comply with subsection (3)(4), the
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1 Department of State is authorized to prescribe rules for a
2 ballot to be sent to absent electors overseas.
3 (5)(6) Nothing other than the materials necessary to
4 vote absentee shall be mailed, faxed, or delivered with any
5 absentee ballot.
6 (7)(a) For the purposes of this section, "absent
7 qualified elector overseas" means:
8 1. Members of the Armed Forces while in the active
9 service who are permanent residents of the state and are
10 temporarily residing outside the territorial limits of the
11 United States and the District of Columbia;
12 2. Members of the Merchant Marine of the United States
13 who are permanent residents of the state and are temporarily
14 residing outside the territorial limits of the United States
15 and the District of Columbia; and
16 3. Other citizens of the United States who are
17 permanent residents of the state and are temporarily residing
18 outside the territorial limits of the United States and the
19 District of Columbia,
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21 who are qualified and registered as provided by law.
22 (b) Notwithstanding any other provision of law to the
23 contrary, there shall appear on the ballots sent to absent
24 qualified electors overseas, in addition to the names of the
25 candidates for each office, the political party affiliation of
26 each candidate for each office, other than a nonpartisan
27 office.
28 (c) With respect to marked ballots mailed by absent
29 qualified electors overseas, only those ballots mailed with an
30 APO, FPO, or foreign postmark shall be considered valid.
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1 Section 5. Subsection (1) of section 101.64, Florida
2 Statutes, is amended to read:
3 101.64 Mailed or delivered Delivery of absentee
4 ballots; envelopes; form.--
5 (1) The supervisor shall enclose two envelopes with
6 each absentee ballot that is mailed or delivered two
7 envelopes: a secrecy envelope, into which the absent elector
8 shall enclose his or her marked ballot; and a mailing
9 envelope, into which the absent elector shall then place the
10 secrecy envelope, which shall be addressed to the supervisor
11 and also bear on the back side a certificate in substantially
12 the following form:
13
14 Note: Please Read Instructions Carefully Before
15 Marking Ballot and Completing Voter's Certificate.
16 VOTER'S CERTIFICATE
17 I, ...(print name)..., do solemnly swear or affirm that
18 I am a qualified elector in this election, that I am unable to
19 attend the polls on election day, and that I have not and will
20 not vote more than one ballot in this election. I understand
21 that failure to sign this certificate and have my signature
22 witnessed will invalidate my ballot.
23 ...(Voter's Signature)...
24
25 Note: Your Signature Must Be Witnessed By One Witness 18
26 Years of Age or Older as provided in Item 7. of the
27 Instruction Sheet.
28
29 I swear or affirm that the elector signed this Voter's
30 Certificate in my presence.
31 ...(Signature of Witness)...
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1 ...(Address)... ...(City/State)...
2 Section 6. Section 101.65, Florida Statutes, is
3 amended to read:
4 101.65 Instructions to absent electors receiving
5 mailed or delivered ballots.--The supervisor shall enclose
6 with each absentee ballot that is mailed or delivered separate
7 printed instructions in substantially the following form:
8
9 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
10 1. VERY IMPORTANT. In order to ensure that your
11 absentee ballot will be counted, it should be completed and
12 returned as soon as possible so that it can reach the
13 supervisor of elections of the county in which your precinct
14 is located no later than 7 p.m. on the day of the election.
15 2. Mark your ballot in secret as instructed on the
16 ballot.
17 3. Place your marked ballot in the enclosed secrecy
18 envelope.
19 4. Insert the secrecy envelope into the enclosed
20 mailing envelope which is addressed to the supervisor.
21 5. Seal the mailing envelope and completely fill out
22 the Voter's Certificate on the back of the mailing envelope.
23 6. VERY IMPORTANT. Sign your name on the line above
24 "(Voter's Signature)."
25 7. VERY IMPORTANT. In order for your absentee ballot
26 to be counted, it must include the signature and address of a
27 witness 18 years of age or older affixed to the Voter's
28 Certificate. No candidate may serve as an attesting witness.
29 8. Mail, deliver, or have delivered the completed
30 mailing envelope. Be sure there is sufficient postage if
31 mailed.
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1 Section 7. Section 101.653, Florida Statutes, is
2 created to read:
3 101.653 Instructions to electors requesting faxed
4 ballots.--The supervisor shall fax with each absentee ballot
5 faxed to an absent qualified elector overseas separate printed
6 instructions in substantially the following form:
7
8 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
9 FAILURE TO FOLLOW THESE INSTRUCTIONS MAY RESULT IN YOUR BALLOT
10 NOT BEING COUNTED.
11 1. VERY IMPORTANT. In order to ensure that your
12 absentee ballot will be counted, it should be completed and
13 returned as soon as possible so that it can reach the
14 supervisor of elections of the county in which your precinct
15 is located no later than 7 p.m. on the day of the election.
16 2. Mark your ballot in secret as instructed on the
17 ballot.
18 3. Place your marked ballot in an envelope and seal
19 it.
20 4. Insert the envelope containing the marked ballot in
21 a mailing envelope and address the mailing envelope to the
22 supervisor of elections.
23 5. VERY IMPORTANT. Clearly write the words "FAX
24 ABSENTEE BALLOT" on the front of the mailing envelope and seal
25 it.
26 6. VERY IMPORTANT. Sign your name across the seal on
27 the mailing envelope and clearly print your name and the date
28 beneath your signature. If there is not enough room to sign
29 your name across the seal, sign and print your name and the
30 date anywhere on the back of the mailing envelope.
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1 7. VERY IMPORTANT. In order for your absentee ballot
2 to be counted, it must include the signature and address of a
3 witness 18 years of age or older. Have the person witnessing
4 your signature sign his or her name across the seal of the
5 mailing envelope next to your signature, with the witness'
6 address printed clearly beneath the signature. If there is
7 not enough room for the witness to sign his or her name across
8 the seal, have the witness write his or her signature and
9 address anywhere on the back of the mailing envelope.
10 8. Mail, deliver, or have delivered the completed
11 mailing envelope. Be sure that there is sufficient postage if
12 mailed. DO NOT FAX YOUR VOTED BALLOT TO THE SUPERVISOR OF
13 ELECTIONS.
14 9. You may use the secrecy and mailing envelopes
15 furnished with the Federal Write-In Absentee Ballot to return
16 your faxed ballot, if you follow these instructions.
17 Section 8. Section 101.68, Florida Statutes, is
18 amended to read:
19 101.68 Canvassing of absentee ballot.--
20 (1) The supervisor of the county where the absent
21 elector resides shall receive the voted ballot, at which time
22 the supervisor may compare the signature of the elector on the
23 mailing envelope voter's certificate with the signature of the
24 elector in the registration books to determine whether the
25 elector is duly registered in the county and may record on the
26 elector's registration certificate that the elector has voted.
27 The supervisor shall safely keep the ballot unopened in his or
28 her office until the county canvassing board canvasses the
29 vote.
30 (2)(a) The county canvassing board may begin the
31 canvassing of absentee ballots at 7 a.m. on the fourth day
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1 before the election, but not later than noon on the day
2 following the election. In addition, for any county using
3 electronic tabulating equipment, the processing of absentee
4 ballots through such tabulating equipment may begin upon the
5 opening of the polls on election day. However,
6 notwithstanding any such authorization to begin canvassing or
7 otherwise processing absentee ballots early, no result or
8 tabulation of absentee ballots shall be made until after the
9 close of the polls on election day.
10 (b) To ensure that all absentee ballots to be counted
11 by the canvassing board are accounted for, the canvassing
12 board shall compare the number of ballots in its possession
13 with the number of requests for ballots received to be counted
14 according to the supervisor's file or list.
15 (c)1. The canvassing board shall, if the supervisor
16 has not already done so, compare the signature of the elector
17 on the mailing envelope voter's certificate with the signature
18 of the elector in the registration books to see that the
19 elector is duly registered in the county and to determine the
20 legality of that absentee ballot. An absentee ballot shall be
21 considered illegal if it does not include the signature of the
22 elector, as shown by the registration records, and the
23 signature and address of an attesting witness. However, an
24 absentee ballot shall not be considered illegal if the
25 signature of the elector or attesting witness does not cross
26 the seal of the mailing envelope. If the canvassing board
27 determines that any ballot is illegal, a member of the board
28 shall, without opening the envelope, mark across the face of
29 the envelope: "rejected as illegal." The envelope and the
30 ballot contained therein shall be preserved in the manner that
31 official ballots voted are preserved.
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1 2. If any elector or candidate present believes that
2 an absentee ballot is illegal due to a defect apparent on the
3 mailing envelope voter's certificate, he or she may, at any
4 time before the ballot is removed from the envelope, file with
5 the canvassing board a protest against the canvass of that
6 ballot, specifying the precinct, the ballot, and the reason he
7 or she believes the ballot to be illegal. A challenge based
8 upon a defect in the mailing envelope voter's certificate may
9 not be accepted after the ballot has been removed from the
10 mailing envelope.
11 (d) The canvassing board shall record the ballot upon
12 the proper record, unless the ballot has been previously
13 recorded by the supervisor. The mailing envelopes shall be
14 opened and the secrecy envelopes shall be mixed so as to make
15 it impossible to determine which secrecy envelope came out of
16 which signed mailing envelope; however, in any county in which
17 an electronic or electromechanical voting system is used, the
18 ballots may be sorted by ballot styles and the mailing
19 envelopes may be opened and the secrecy envelopes mixed
20 separately for each ballot style. The votes on absentee
21 ballots shall be included in the total vote of the county.
22 (3) The supervisor or the chair of the county
23 canvassing board shall, after the board convenes, have custody
24 of the absentee ballots until a final proclamation is made as
25 to the total vote received by each candidate.
26 Section 9. Section 101.694, Florida Statutes, is
27 amended to read:
28 101.694 Mailing of ballots upon receipt of federal
29 postcard application.--
30 (1) Upon receipt of a federal postcard application for
31 an absentee ballot executed by a person whose registration is
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1 in order or whose application is sufficient to register or
2 update the registration of that person, the supervisor shall
3 mail, or if requested on the application by an absent
4 qualified elector overseas, fax to the applicant a ballot, if
5 the ballots are available for mailing or faxing. Electors
6 requesting a fax ballot shall write the word "fax" or
7 "facsimile" in a conspicuous place on the application and
8 state the telephone number to which the ballot is to be sent.
9 (2) Upon receipt of a federal postcard application for
10 an absentee ballot executed by a person whose registration is
11 not in order and whose application is insufficient to register
12 or update the registration of that person, the supervisor
13 shall follow the procedure set forth in s. 97.073.
14 (3) There shall be printed across the face of each
15 envelope in which a ballot is mailed sent to a federal
16 postcard applicant, or is returned by such applicant to the
17 supervisor, two parallel horizontal red bars, each one-quarter
18 inch wide, extending from one side of the envelope to the
19 other side, with an intervening space of one-quarter inch, the
20 top bar to be 1 1/4 inches from the top of the envelope, and
21 with the words "Official Election Balloting Material-via Air
22 Mail," or similar language, between the bars. There shall be
23 printed in the upper right corner of each such envelope, in a
24 box, the words "Free of U. S. Postage, including Air Mail."
25 All printing on the face of each envelope shall be in red, and
26 there shall be printed in red in the upper left corner of each
27 ballot envelope an appropriate inscription or blanks for
28 return address of sender. Additional specifications may be
29 prescribed by rule of the Division of Elections upon
30 recommendation of the presidential designee under the
31 Uniformed and Overseas Citizens Absentee Voting Act.
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1 Otherwise, the envelopes shall be the same as those used in
2 sending ballots to, or receiving them from, other absentee
3 voters.
4 (4) Cognizance shall be taken of the fact that
5 absentee ballots and other materials such as instructions and
6 envelopes are to be carried via air mail, and, to the maximum
7 extent possible, such ballots and materials shall be reduced
8 in size and weight of paper. The same ballot shall be used,
9 however, as is used by other absentee voters.
10 Section 10. Section 101.697, Florida Statutes, is
11 created to read:
12 101.697 Department of State to adopt rules governing
13 fax ballots.--
14 (1) The Department of State shall adopt rules
15 governing the procedures and forms necessary to administer the
16 fax ballot process for absent qualified electors overseas
17 prescribed in ss. 101.62-101.694.
18 (2) These procedures must seek to ensure the
19 confidentiality of faxed absentee ballots and the integrity of
20 the electoral process.
21 Section 11. This act shall take effect July 1, 1998.
22
23 *****************************************
24 SENATE SUMMARY
25 Authorizes the supervisor of elections to fax election
information and absentee ballots to a registered voter
26 who resides overseas. Specifies instructions that must be
provided to an overseas elector who requests a faxed
27 ballot. Provides for the supervisor of elections to fax
an absentee ballot to a person who requests such ballot
28 by means of a federal post card application. Requires
that the Department of State adopt rules to administer
29 the faxing of absentee ballots to overseas electors and
to ensure the confidentiality of ballots faxed to the
30 supervisor of elections. (See bill for details.)
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