House Bill 1011
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Florida House of Representatives - 2000 HB 1011
By the Committee on Election Reform and Representatives
Flanagan, Henriquez, Futch, Detert, Wilson, Brown, Crow and
Stafford
1 A bill to be entitled
2 An act relating to absentee ballots; amending
3 s. 97.021, F.S.; revising the definition of
4 "absent elector" to remove the "for cause"
5 requirements; amending s. 101.657, F.S.;
6 revising a cross reference, to conform;
7 amending s. 101.64, F.S.; modifying absentee
8 ballot certificates; amending s. 101.65, F.S.;
9 modifying instructions to absent electors;
10 amending s. 101.68, F.S.; modifying information
11 that must be included on an absentee ballot;
12 amending s. 101.647, F.S.; prescribing
13 information that an absent elector's designee
14 must include with an absentee ballot; amending
15 s. 101.694, F.S.; deleting certain printing
16 specifications for envelopes sent to federal
17 postcard applicants for absentee ballots;
18 amending s. 104.047, F.S.; prohibiting the
19 offer, provision, or receipt of a pecuniary or
20 other benefit for witnessing an absentee ballot
21 except as provided by law; providing penalties;
22 deleting a prohibition against persons
23 witnessing more than five ballots in an
24 election; repealing s. 101.685, F.S., relating
25 to absentee ballot coordinators; providing
26 effective dates.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (1) of section 97.021, Florida
31 Statutes, is amended to read:
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1 97.021 Definitions.--For the purposes of this code,
2 except where the context clearly indicates otherwise, the
3 term:
4 (1) "Absent elector" means any registered and
5 qualified voter who is unable to attend the polls on election
6 day.:
7 (a) Is unable without another's assistance to attend
8 the polls.
9 (b) Is an inspector, a poll worker, a deputy voting
10 machine custodian, a deputy sheriff, a supervisor of
11 elections, or a deputy supervisor who is assigned to a
12 different precinct than that in which he or she is registered
13 to vote.
14 (c) On account of the tenets of his or her religion,
15 cannot attend the polls on the day of the general, special, or
16 primary election.
17 (d) May not be in the precinct of his or her residence
18 during the hours the polls are open for voting on the day of
19 the election.
20 (e) Has changed his or her residency to another county
21 in this state within the time period during which the
22 registration books are closed for the election for which the
23 ballot is requested.
24 (f) Has changed his or her residency to another state
25 and is ineligible under the laws of that state to vote in the
26 general election; however, this pertains only to presidential
27 ballots.
28 Section 2. Section 101.657, Florida Statutes, is
29 amended to read:
30 101.657 Voting absentee ballots in
31 person.--Notwithstanding s. 97.021(1), Any absent qualified
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1 and registered elector who is unable to attend the polls on
2 election day may pick up and vote an absentee ballot in person
3 at the office of, and under the supervision of, the supervisor
4 of elections. Before receiving the ballot, the elector must
5 present a Florida driver's license, a Florida identification
6 card issued under s. 322.051, or another form of picture
7 identification approved by the Department of State. If the
8 elector fails to furnish the required identification, or if
9 the supervisor is in doubt as to the identity of the elector,
10 the supervisor must follow the procedure prescribed in s.
11 101.49.
12 Section 3. Section 101.64, Florida Statutes, is
13 amended to read:
14 101.64 Delivery of absentee ballots; envelopes;
15 form.--
16 (1) The supervisor shall enclose with each absentee
17 ballot two envelopes: a secrecy envelope, into which the
18 absent elector shall enclose his or her marked ballot; and a
19 mailing envelope, into which the absent elector shall then
20 place the secrecy envelope, which shall be addressed to the
21 supervisor and also bear on the back side a certificate in
22 substantially the following form:
23
24 Note: Please Read Instructions Carefully Before
25 Marking Ballot and Completing Voter's Certificate.
26 VOTER'S CERTIFICATE
27 I, ...., do solemnly swear or affirm that I am a
28 qualified and registered voter of .... County, Florida, and
29 that I am unable to attend the polls on election day. I
30 understand that if I commit or attempt to commit any fraud in
31 connection with voting, vote a fraudulent ballot, or vote more
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1 than once in an election, I can be convicted of a felony of
2 the third degree and fined up to $5,000 and/or imprisoned for
3 up to 5 years. I also understand that failure to sign this
4 certificate and have my signature witnessed will invalidate my
5 ballot. I am entitled to vote an absentee ballot for one of
6 the following reasons:
7
8 1. I am unable without another's assistance to attend
9 the polls.
10 2. I may not be in the precinct of my residence during
11 the hours the polls are open for voting on election day.
12 3. I am an inspector, a poll worker, a deputy voting
13 machine custodian, a deputy sheriff, a supervisor of
14 elections, or a deputy supervisor who is assigned to a
15 different precinct than that in which I am registered.
16 4. On account of the tenets of my religion, I cannot
17 attend the polls on the day of the general, special, or
18 primary election.
19 5. I have changed my permanent residency to another
20 county in Florida within the time period during which the
21 registration books are closed for the election. I understand
22 that I am allowed to vote only for national and statewide
23 offices and on statewide issues.
24 6. I have changed my permanent residency to another
25 state and am unable under the laws of such state to vote in
26 the general election. I understand that I am allowed to vote
27 only for President and Vice President.
28 7. I am unable to attend the polls on election day and
29 am voting this ballot in person at the office of, and under
30 the supervision of, the county supervisor of elections.
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1 ...(Voter's Signature)...
2 ....(Printed Name of Voter)....
3
4 ...(Last four digits of voter's social security number)...
5 Note: Your Signature Must Be Witnessed By One Witness 18 Years
6 of Age or Older as provided in Item 7. of the Instruction
7 Sheet. Either:
8 a. A Notary or Officer Defined in Item 6.b. of the
9 Instruction Sheet.
10
11 Sworn to (or affirmed) and subscribed before me this
12 .... day of ........, ...(year)..., by ...(name of person
13 making statement).... My commission expires this .... day of
14 ........, ...(year)....
15 ...(Signature of Official)...
16 ...(Print, Type, or Stamp Name)...
17 ...(State or Country of Commission)...
18 Personally Known ........ OR Produced Identification
19 ........
20 Type of Identification Produced........................
21
22 OR
23
24 b. One Witness, who is a registered voter in the
25 State.
26
27 I swear or affirm that the voter signed this Voter's
28 Certificate in my presence and that, unless certified as an
29 absentee ballot coordinator, I have not witnessed more than 5
30 ballots for this election.
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1 WITNESS:
2
3 ...(Signature of Witness)...
4 ...(Printed Name of Witness)...
5
6 ...(Voter I.D. Number of Witness and County of
7 Registration)...
8
9 ...(Address)...
10 ...(City/State)...
11
12 (2) The certificate shall be arranged on the back of
13 the mailing envelope so that the lines for the signatures of
14 the absent elector and the attesting witness are across the
15 seal of the envelope; however, no statement shall appear on
16 the envelope which indicates that a signature of the voter or
17 witness must cross the seal of the envelope. The absent
18 elector and the attesting witness shall execute the
19 certificate on the envelope.
20 Section 4. Section 101.65, Florida Statutes, is
21 amended to read:
22 101.65 Instructions to absent electors.--The
23 supervisor shall enclose with each absentee ballot separate
24 printed instructions in substantially the following form:
25
26 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
27 1. VERY IMPORTANT. In order to ensure that your
28 absentee ballot will be counted, it should be completed and
29 returned as soon as possible so that it can reach the
30 supervisor of elections of the county in which your precinct
31 is located no later than 7 p.m. on the day of the election.
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1 2. Mark your ballot in secret as instructed on the
2 ballot. You must mark your own ballot unless you are unable to
3 do so because of blindness, disability, or inability to read
4 or write.
5 3. Place your marked ballot in the enclosed secrecy
6 envelope.
7 4. Insert the secrecy envelope into the enclosed
8 mailing envelope which is addressed to the supervisor.
9 5. Seal the mailing envelope and completely fill out
10 the Voter's Certificate on the back of the mailing envelope.
11 6. VERY IMPORTANT. In order for your absentee ballot
12 to be counted, you must sign your name on the line above
13 (Voter's Signature)., place the last four digits of your
14 Social Security number in the space provided, and your ballot
15 must be witnessed in either of the following manners:
16 a. One witness, who is a registered voter in the
17 state, must affix his or her signature, printed name, address,
18 voter identification number, and county of registration on the
19 voter's certificate. Each witness is limited to witnessing
20 five ballots per election unless certified as an absentee
21 ballot coordinator. A candidate may not serve as an attesting
22 witness.
23 b. Any notary or other officer entitled to administer
24 oaths or any Florida supervisor of elections or deputy
25 supervisor of elections, other than a candidate, may serve as
26 an attesting witness.
27 7. VERY IMPORTANT. In order for your absentee ballot
28 to be counted, it must include the signature and address of a
29 witness 18 years of age or older affixed to the voter's
30 certificate. A candidate may not serve as an attesting
31 witness.
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1 8.7. Mail, deliver, or have delivered the completed
2 mailing envelope. Be sure there is sufficient postage if
3 mailed.
4 9.8. FELONY NOTICE. It is a felony under Florida law
5 to accept any gift, payment, or gratuity in exchange for your
6 vote for a candidate. It is also a felony under Florida law to
7 vote in an election using a false identity or false address,
8 or under any other circumstances making your ballot false or
9 fraudulent.
10 Section 5. Paragraph (c) of subsection (2) of section
11 101.68, Florida Statutes, is amended to read:
12 101.68 Canvassing of absentee ballot.--
13 (2)
14 (c)1. The canvassing board shall, if the supervisor
15 has not already done so, compare the signature of the elector
16 on the voter's certificate with the signature of the elector
17 in the registration books to see that the elector is duly
18 registered in the county and to determine the legality of that
19 absentee ballot. An absentee ballot shall be considered
20 illegal if it does not include the signature and the last four
21 digits of the social security number of the elector, as shown
22 by the registration records, and the signature and address of
23 an attesting witness. either:
24 a. The subscription of a notary or officer defined in
25 Item 6.b. of the instruction sheet, or
26 b. The signature, printed name, address, voter
27 identification number, and county of registration of one
28 attesting witness, who is a registered voter in the state.
29
30 However, an absentee ballot shall not be considered illegal if
31 the signature of the elector or attesting witness does not
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1 cross the seal of the mailing envelope or if the person
2 witnessing the ballot is in violation of s. 104.047(3). If the
3 canvassing board determines that any ballot is illegal, a
4 member of the board shall, without opening the envelope, mark
5 across the face of the envelope: "rejected as illegal." The
6 envelope and the ballot contained therein shall be preserved
7 in the manner that official ballots voted are preserved.
8 2. If any elector or candidate present believes that
9 an absentee ballot is illegal due to a defect apparent on the
10 voter's certificate, he or she may, at any time before the
11 ballot is removed from the envelope, file with the canvassing
12 board a protest against the canvass of that ballot, specifying
13 the precinct, the ballot, and the reason he or she believes
14 the ballot to be illegal. A challenge based upon a defect in
15 the voter's certificate may not be accepted after the ballot
16 has been removed from the mailing envelope.
17 Section 6. Section 101.647, Florida Statutes, is
18 amended to read:
19 101.647 Return of absentee ballots.--
20 (1) Absentee ballots must be returned to the
21 supervisor of elections by the elector, either in person or by
22 mail.
23 (2) If the elector is unable to mail or personally
24 deliver the ballot, the elector may designate in writing a
25 person who may return the ballot for the elector; however, the
26 person designated may not return more than two absentee
27 ballots per election, other than the designee's own ballot,
28 except that additional ballots may be returned for members of
29 the designee's immediate family. For purposes of this
30 section, the term "immediate family" means the designee's
31 spouse or the parent, child, grandparent, or sibling of the
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1 designee or of the designee's spouse. The designee must
2 provide to the supervisor the written authorization by the
3 elector and a picture identification of the designee and must
4 complete an affidavit. The designee shall state in the
5 affidavit that the designee is authorized to return that
6 ballot and shall indicate if the elector is a member of the
7 designee's immediate family and, if so, the relationship. The
8 designee shall also state in the affidavit that the designee
9 has not and will not return more than two absentee ballots for
10 this election, other than the designee's own ballot and
11 ballots for the designee's immediate family. The department
12 shall prescribe the form of the affidavit. If the supervisor
13 is satisfied that the designee is authorized under law to
14 return the ballot, the supervisor shall accept receipt of the
15 ballot.
16 Section 7. Subsection (3) of section 101.694, Florida
17 Statutes, is amended to read:
18 101.694 Mailing of ballots upon receipt of federal
19 postcard application.--
20 (3) There shall be printed across the face of each
21 envelope in which a ballot is sent to a federal postcard
22 applicant, or is returned by such applicant to the supervisor,
23 two parallel horizontal red bars, each one-quarter inch wide,
24 extending from one side of the envelope to the other side,
25 with an intervening space of one-quarter inch, the top bar to
26 be 1 1/4 inches from the top of the envelope, and with the
27 words "Official Election Balloting Material-via Air Mail," or
28 similar language, between the bars. There shall be printed in
29 the upper right corner of each such envelope, in a box, the
30 words "Free of U. S. Postage, including Air Mail." All
31 printing on the face of each envelope shall be in red, and
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1 There shall be printed in red in the upper left corner of each
2 ballot envelope an appropriate inscription or blanks for
3 return address of sender. Additional specifications may be
4 prescribed by rule of the Division of Elections upon
5 recommendation of the presidential designee under the
6 Uniformed and Overseas Citizens Absentee Voting Act.
7 Otherwise, the envelopes shall be the same as those used in
8 sending ballots to, or receiving them from, other absentee
9 voters.
10 Section 8. Effective January 1, 2001, section 104.047,
11 Florida Statutes, is amended to read:
12 104.047 Absentee voting.--
13 (1) Any person who provides or offers to provide, and
14 any person who accepts, a pecuniary or other benefit in
15 exchange for distributing, ordering, requesting, witnessing,
16 collecting, delivering, or otherwise physically possessing
17 absentee ballots, except as provided in ss. 101.6105-101.694,
18 is guilty of a felony of the third degree, punishable as
19 provided in s. 775.082, s. 775.083, or s. 775.084.
20 (2) Except as provided in s. 101.62 or s. 101.655, any
21 person who requests an absentee ballot on behalf of an elector
22 is guilty of a felony of the third degree, punishable as
23 provided in s. 775.082, s. 775.083, or s. 775.084.
24 (3) Any person, other than a notary or other officer
25 entitled to administer oaths or an absentee ballot coordinator
26 as provided by s. 101.685, who witnesses more than five
27 ballots in any single election, is guilty of a misdemeanor of
28 the first degree, punishable as provided in s. 775.082 or s.
29 775.083.
30 (3)(4) Any person who marks or designates a choice on
31 the ballot of another person, except as provided in s.
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1 101.051, s. 101.655, or s. 101.661, is guilty of a felony of
2 the third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084.
4 (4)(5) Any person who returns more than two absentee
5 ballots to the supervisors of elections in violation of s.
6 101.647 is guilty of a misdemeanor of the first degree,
7 punishable as provided in s. 775.082 or s. 775.083.
8 Section 9. Effective January 1, 2001, section 101.685,
9 Florida Statutes, is repealed.
10 Section 10. Except as otherwise provided herein, this
11 act shall take effect upon becoming a law.
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14 HOUSE SUMMARY
15
Revises the definition of "absent elector" to remove the
16 "for cause" requirements. Modifies absentee ballot
certificates that appear on the back of the absentee
17 ballot envelope. Modifies the instructions to be given to
absent electors and the information that must be included
18 on an absentee ballot. Prescribes information that an
absent elector's designee must include with an absentee
19 ballot. Deletes a printing specification requiring red
ink on envelopes sent to federal postcard applicants for
20 absentee ballots. Prohibits the offer, provision, or
receipt of a pecuniary or other benefit for witnessing an
21 absentee ballot except as provided by law. Deletes the
prohibition against a person witnessing more than five
22 ballots in an election. Repeals provisions authorizing
and regulating absentee ballot coordinators. See bill for
23 details.
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