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:
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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.
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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:
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28 Note: Please Read Instructions Carefully Before
29 Marking Ballot and Completing Voter's Certificate.
30 VOTER'S CERTIFICATE
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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:
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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.
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5 ...(Voter's Signature)...
6 ....(Printed Name of Voter)....
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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.
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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........................
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26 OR
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28 b. One Witness, who is a registered voter in the
29 State.
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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.
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7 WITNESS:
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9 ...(Signature of Witness)...
10 ...(Printed Name of Witness)...
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12 ...(Voter I.D. Number of Witness and County of
13 Registration)...
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15 ...(Address)...
16 ...(City/State/Country)...
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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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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.
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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.
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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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