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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), 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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. 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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, 20 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. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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)... 8 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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. 9 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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. 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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 11 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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. 12 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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 13 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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. 14 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 240 313-349A-98 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.) 31 15