Senate Bill 2132

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    Florida Senate - 1999                                  SB 2132

    By Senator Saunders





    25-1474A-99

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.071, F.S.; deleting procedures for mailing

  4         voter registration identification cards;

  5         amending s. 101.64, F.S.; modifying absentee

  6         ballot certificates; amending s. 101.65, F.S.;

  7         modifying instructions to absent electors;

  8         amending s. 101.68, F.S.; modifying information

  9         that must be included on an absentee ballot;

10         amending s. 101.647, F.S.; prescribing

11         information that an absent elector's designee

12         must include with an absentee ballot; amending

13         s. 104.047, F.S.; prohibiting the receipt of a

14         fee or benefit for witnessing an absentee

15         ballot; providing a criminal penalty; providing

16         an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Section 97.071, Florida Statutes, 1998

21  Supplement, is amended to read:

22         97.071  Registration identification card.--

23         (1)  A registration identification card must be

24  furnished to all voters registering under the permanent single

25  registration system and must contain:

26         (a)  Voter's registration number.

27         (b)  Date of registration.

28         (c)  Full name.

29         (d)  Party affiliation.

30         (e)  Date of birth.

31         (f)  Race or ethnicity, if provided by the applicant.

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  1         (g)  Sex, if provided by the applicant.

  2         (h)  Address of legal residence.

  3         (i)  Precinct number.

  4         (j)  Signature of supervisor.

  5         (k)  Place for voter's signature.

  6         (l)  Other information deemed necessary by the

  7  department.

  8         (2)(a)  Except as provided in paragraph (b), the

  9  supervisor of elections shall mail a registration

10  identification card to the voter at the address listed as the

11  legal residence on the voter's registration application. The

12  card must be sent by nonforwardable, return-if-undeliverable

13  mail.  If the identification card is returned as undeliverable

14  and the voter has indicated a different mailing address on the

15  registration application, the supervisor must mail a notice to

16  the mailing address, notifying the voter that his or her

17  registration identification card was returned and that the

18  voter may appear in person at the supervisor's office to pick

19  up the identification card.  The supervisor must surrender the

20  identification card to the elector upon presentation of a

21  Florida driver's license, a Florida identification card issued

22  under s. 322.051, or another form of picture identification

23  approved by the Department of State.  If the elector fails to

24  furnish the required identification, or if the supervisor has

25  doubts as to the identity of the elector, the supervisor must

26  require the elector to swear an oath substantially similar to

27  the one prescribed in s. 101.49 prior to surrendering the

28  identification card.  The supervisor must keep the

29  identification card on file for 45 days following return of

30  the card as undeliverable.

31

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    Florida Senate - 1999                                  SB 2132
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  1         (b)  The supervisor shall mail the voter identification

  2  card by forwardable mail to voters who are covered by the

  3  Uniformed and Overseas Citizens Absentee Voting Act.

  4         (2)(3)  A voter may receive a replacement of a

  5  registration identification card by providing a signed,

  6  written request for a replacement card to the supervisor. Upon

  7  verification of registration, the supervisor shall issue the

  8  voter a duplicate card without charge.

  9         (3)(4)  In the case of a change of name, address, or

10  party affiliation, the supervisor must issue the voter a new

11  registration identification card. However, a registration

12  identification card indicating a party affiliation change made

13  between the book-closing date for the first primary election

14  and the date of the second primary election may not be issued

15  until after the second primary election.

16         Section 2.  Section 101.64, Florida Statutes, 1998

17  Supplement, is amended to read:

18         101.64  Delivery of absentee ballots; envelopes;

19  form.--

20         (1)  The supervisor shall enclose with each absentee

21  ballot two envelopes:  a secrecy envelope, into which the

22  absent elector shall enclose his or her marked ballot; and a

23  mailing envelope, into which the absent elector shall then

24  place the secrecy envelope, which shall be addressed to the

25  supervisor and also bear on the back side a certificate in

26  substantially the following form:

27

28         Note:  Please Read Instructions Carefully Before

29        Marking Ballot and Completing Voter's Certificate.

30                       VOTER'S CERTIFICATE

31

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  1         I, ...., do solemnly swear or affirm that I am a

  2  qualified and registered voter of .... County, Florida. I

  3  understand that if I commit or attempt to commit any fraud in

  4  connection with voting, vote a fraudulent ballot, or vote more

  5  than once in an election, I can be convicted of a felony of

  6  the third degree and fined up to $5,000 and/or imprisoned for

  7  up to 5 years.  I also understand that failure to sign this

  8  certificate and have my signature witnessed will invalidate my

  9  ballot. I am entitled to vote an absentee ballot for one of

10  the following reasons:

11

12         1.  I am unable without another's assistance to attend

13  the polls.

14         2.  I may not be in the precinct of my residence during

15  the hours the polls are open for voting on election day.

16         3.  I am an inspector, a poll worker, a deputy voting

17  machine custodian, a deputy sheriff, a supervisor of

18  elections, or a deputy supervisor who is assigned to a

19  different precinct than that in which I am registered.

20         4.  On account of the tenets of my religion, I cannot

21  attend the polls on the day of the general, special, or

22  primary election.

23         5.  I have changed my permanent residency to another

24  county in Florida within the time period during which the

25  registration books are closed for the election.  I understand

26  that I am allowed to vote only for national and statewide

27  offices and on statewide issues.

28         6.  I have changed my permanent residency to another

29  state and am unable under the laws of such state to vote in

30  the general election.  I understand that I am allowed to vote

31  only for President and Vice President.

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  1         7.  I am unable to attend the polls on election day and

  2  am voting this ballot in person at the office of, and under

  3  the supervision of, the county supervisor of elections.

  4

  5                                       ...(Voter's Signature)...

  6                                 ....(Printed Name of Voter)....

  7

  8  ...(Last four digits of voter's social security number)...

  9  Note: Your Signature Must Be Witnessed By One Witness 18 Years

10  of Age or Older as provided in Item 7. of the Instruction

11  Sheet. Either:

12         a.  A Notary or Officer Defined in Item 6.b. of the

13  Instruction Sheet.

14

15         Sworn to (or affirmed) and subscribed before me this

16  .... day of ........, ...(year)..., by ...(name of person

17  making statement).... My commission expires this .... day of

18  ........, ...(year)....

19                                   ...(Signature of Official)...

20                              ...(Print, Type, or Stamp Name)...

21                          ...(State or Country of Commission)...

22         Personally Known ........ OR Produced Identification

23  ........

24         Type of Identification Produced........................

25

26                                OR

27

28         b.  One Witness, who is a registered voter in the

29  State.

30

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  1  I swear or affirm that the voter signed this Voter's

  2  Certificate in my presence and that, unless I am an officer

  3  entitled to administer oaths or unless I have been certified

  4  as an absentee ballot coordinator, I have not witnessed more

  5  than 5 ballots for this election.

  6

  7  WITNESS:

  8

  9  ...(Signature of Witness)...

10                                 ...(Printed Name of Witness)...

11

12          ...(Voter I.D. Number of Witness and County of

13                         Registration)...

14

15  ...(Address)...

16                                      ...(City/State/Country)...

17

18         (2)  The certificate shall be arranged on the back of

19  the mailing envelope so that the lines for the signatures of

20  the absent elector and the attesting witness are across the

21  seal of the envelope; however, no statement shall appear on

22  the envelope which indicates that a signature of the voter or

23  witness must cross the seal of the envelope.  The absent

24  elector and the attesting witness shall execute the

25  certificate on the envelope.

26         Section 3.  Section 101.65, Florida Statutes, 1998

27  Supplement, is amended to read:

28         101.65  Instructions to absent electors.--The

29  supervisor shall enclose with each absentee ballot separate

30  printed instructions in substantially the following form:

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    Florida Senate - 1999                                  SB 2132
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  1  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

  2         1.  VERY IMPORTANT.  In order to ensure that your

  3  absentee ballot will be counted, it should be completed and

  4  returned as soon as possible so that it can reach the

  5  supervisor of elections of the county in which your precinct

  6  is located no later than 7 p.m. on the day of the election.

  7         2.  Mark your ballot in secret as instructed on the

  8  ballot. You must mark your own ballot unless you are unable to

  9  do so because of blindness, disability, or inability to read

10  or write.

11         3.  Place your marked ballot in the enclosed secrecy

12  envelope.

13         4.  Insert the secrecy envelope into the enclosed

14  mailing envelope which is addressed to the supervisor.

15         5.  Seal the mailing envelope and completely fill out

16  the Voter's Certificate on the back of the mailing envelope.

17         6.  VERY IMPORTANT.  In order for your absentee ballot

18  to be counted, you must sign your name on the line above

19  (Voter's Signature) and print your name legibly on the line

20  above....(Printed Name of Voter)....., place the last four

21  digits of your Social Security number in the space provided,

22  and your ballot must be witnessed in either of the following

23  manners:

24         a.  One witness, who is a registered voter in the

25  state, must affix his or her signature, printed name, address,

26  voter identification number, and county of registration on the

27  voter's certificate. Each witness is limited to witnessing

28  five ballots per election unless certified as an absentee

29  ballot coordinator. A candidate may not serve as an attesting

30  witness.

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  1         b.  Any notary or other officer entitled to administer

  2  oaths or any Florida supervisor of elections or deputy

  3  supervisor of elections, other than a candidate, may serve as

  4  an attesting witness.

  5         7.  VERY IMPORTANT. In order for your absentee ballot

  6  to be counted, it must include the signature, legibly printed

  7  name, and address of a witness 18 years of age or older

  8  affixed to the voter's certificate. Each witness is limited to

  9  witnessing 5 ballots per election unless certified as an

10  absentee ballot coordinator or unless the witness is an

11  officer entitled to administer oaths. A candidate may not

12  serve as an attesting witness.

13         8.7.  Mail, deliver, or have delivered the completed

14  mailing envelope. Be sure there is sufficient postage if

15  mailed.

16         9.8.  FELONY NOTICE. It is a felony under Florida law

17  to accept any gift, payment, or gratuity in exchange for your

18  vote for a candidate. It is also a felony under Florida law to

19  vote in an election using a false identity or false address,

20  or under any other circumstances making your ballot false or

21  fraudulent.

22         Section 4.  Paragraph (c) of subsection (2) of section

23  101.68, Florida Statutes, 1998 Supplement, is amended to read:

24         101.68  Canvassing of absentee ballot.--

25         (2)

26         (c)1.  The canvassing board shall, if the supervisor

27  has not already done so, compare the signature of the elector

28  on the voter's certificate with the signature of the elector

29  in the registration books to see that the elector is duly

30  registered in the county and to determine the legality of that

31  absentee ballot. An absentee ballot shall be considered

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  1  illegal if it does not include the signature and the last four

  2  digits of the social security number of the elector, as shown

  3  by the registration records, and the signature, printed name,

  4  which must be legible unless the name is plainly apparent from

  5  the signature, and address of an attesting witness. either:

  6         a.  The subscription of a notary or officer defined in

  7  Item 6.b. of the instruction sheet, or

  8         b.  The signature, printed name, address, voter

  9  identification number, and county of registration of one

10  attesting witness, who is a registered voter in the state.

11

12  However, an absentee ballot shall not be considered illegal if

13  the signature of the elector or attesting witness does not

14  cross the seal of the mailing envelope or if the person

15  witnessing the ballot is in violation of s. 104.047(3). If the

16  canvassing board determines that any ballot is illegal, a

17  member of the board shall, without opening the envelope, mark

18  across the face of the envelope:  "rejected as illegal."  The

19  envelope and the ballot contained therein shall be preserved

20  in the manner that official ballots voted are preserved.

21         2.  If any elector or candidate present believes that

22  an absentee ballot is illegal due to a defect apparent on the

23  voter's certificate, he or she may, at any time before the

24  ballot is removed from the envelope, file with the canvassing

25  board a protest against the canvass of that ballot, specifying

26  the precinct, the ballot, and the reason he or she believes

27  the ballot to be illegal. A challenge based upon a defect in

28  the voter's certificate may not be accepted after the ballot

29  has been removed from the mailing envelope.

30         Section 5.  Section 101.647, Florida Statutes, is

31  amended to read:

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  1         101.647  Return of absentee ballots.--

  2         (1)  Absentee ballots must be returned to the

  3  supervisor of elections by the elector, either in person or by

  4  mail.

  5         (2)  If the elector is unable to mail or personally

  6  deliver the ballot, the elector may designate in writing a

  7  person who may return the ballot for the elector; however, the

  8  person designated may not return more than two absentee

  9  ballots per election, other than the designee's own ballot,

10  except that additional ballots may be returned for members of

11  the designee's immediate family.  For purposes of this

12  section, the term "immediate family" means the designee's

13  spouse or the parent, child, grandparent, or sibling of the

14  designee or of the designee's spouse.  The designee must

15  provide to the supervisor the written authorization by the

16  elector and a picture identification of the designee and must

17  complete an affidavit. The designee shall state in the

18  affidavit that the designee is authorized to return that

19  ballot and shall indicate if the elector is a member of the

20  designee's immediate family and, if so, the relationship. The

21  designee shall also state in the affidavit that the designee

22  has not and will not return more than two absentee ballots for

23  this election, other than the designee's own ballot and

24  ballots for the designee's immediate family. The department

25  shall prescribe the form of the affidavit. If the supervisor

26  is satisfied that the designee is authorized under law to

27  return the ballot, the supervisor shall accept receipt of the

28  ballot.

29         Section 6.  Subsections (1) and (3) of section 104.047,

30  Florida Statutes, 1998 Supplement, are amended to read:

31         104.047  Absentee voting.--

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  1         (1)  Any person who provides or offers to provide, and

  2  any person who accepts, a pecuniary or other benefit in

  3  exchange for distributing, ordering, requesting, witnessing,

  4  collecting, delivering, or otherwise physically possessing

  5  absentee ballots, except as provided in ss. 101.6105-101.694,

  6  is guilty of a felony of the third degree, punishable as

  7  provided in s. 775.082, s. 775.083, or s. 775.084.

  8         (3)  Any person, other than an a notary or other

  9  officer entitled to administer oaths or an absentee ballot

10  coordinator as provided by s. 101.685, who witnesses more than

11  five ballots in any single election, is guilty of a

12  misdemeanor of the first degree, punishable as provided in s.

13  775.082 or s. 775.083.

14         Section 7.  This act shall take effect January 1, 2000.

15

16            *****************************************

17                          SENATE SUMMARY

18    Deletes procedures for mailing voter registration
      identification cards. Modifies absentee ballot
19    certificates that appear on the back of the absentee
      ballot envelope. Modifies the instructions to be given to
20    absent electors and the information that must be included
      on an absentee ballot. Prescribes information that an
21    absent elector's designee must include with an absentee
      ballot. Provides that a person who accepts a pecuniary or
22    other benefit for witnessing an absentee ballot is guilty
      of a third-degree felony.
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