Senate Bill 0270

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                   SB 270

    By Senator Sebesta





    20-172-00

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         101.657, F.S.; providing an alternative

  4         procedure for voting by absentee ballot;

  5         amending s. 102.012, F.S.; eliminating a

  6         requirement that election boards be composed of

  7         three inspectors and a clerk; amending s.

  8         102.031, F.S.; providing for a deputy sheriff

  9         to be present at each polling place; providing

10         an effective date.

11

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

13

14         Section 1.  Section 101.657, Florida Statutes, is

15  amended to read:

16         101.657  Voting absentee ballots in person.--

17         (1)  Notwithstanding s. 97.021(1), any qualified and

18  registered elector who is unable to attend the polls on

19  election day may pick up and vote an absentee ballot in person

20  at the office of, and under the supervision of, the supervisor

21  of elections.  Before receiving the ballot, the elector must

22  present a Florida driver's license, a Florida identification

23  card issued under s. 322.051, or another form of picture

24  identification approved by the Department of State.  If the

25  elector fails to furnish the required identification, or if

26  the supervisor is in doubt as to the identity of the elector,

27  the supervisor must follow the procedure prescribed in s.

28  101.49.

29         (2)  As an alternative to the provisions of ss. 101.64,

30  101.647, and 101.65, the supervisor of elections may allow an

31  elector to cast an absentee ballot in the main or branch

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 270
    20-172-00




  1  office of the supervisor by depositing the voted ballot in a

  2  voting device used by the supervisor to collect or tabulate

  3  ballots. The results or tabulation may not be made before the

  4  close of the polls on election day.

  5         (3)  The elector must provide picture identification

  6  and must complete an In-Office Voter Certificate in

  7  substantially the following form:

  8                   IN-OFFICE VOTER CERTIFICATE

  9  I, ...., am a qualified and registered voter of .... County,

10  Florida. I do solemnly swear or affirm that I am the person so

11  listed on the voter registration rolls of .... County and that

12  I reside at the listed address. I understand that if I commit

13  or attempt to commit fraud in connection with voting, vote a

14  fraudulent ballot, or vote more than once in an election I

15  could be convicted of a felony of the third degree and both

16  fined up to $5,000 and imprisoned for up to 5 years. I

17  understand that my failure to sign this certificate and have

18  my signature witnessed invalidates my ballot. I am entitled to

19  vote an absentee ballot because I am unable to attend the

20  polls on election day.

21

22

23  ....(Voter's Signature)....

24

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

26

27  ....(Address)....

28

29  ....(City/State)....

30

31  ....(Name of Witness)....

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 270
    20-172-00




  1

  2  ....(Signature of Witness)....

  3

  4  ....(Type of identification provided)....

  5

  6         (4)  Any elector may challenge an elector seeking to

  7  cast an absentee ballot under the provisions of s. 101.111.

  8  Any challenged ballot must be placed in a regular absentee

  9  ballot envelope. The canvassing board shall review the ballot

10  and decide the validity of the ballot by majority vote.

11         (5)  The canvass of returns for ballots cast under this

12  section shall be substantially the same as votes cast by

13  electors in precincts, as provided in s. 101.5614.

14         Section 2.  Subsection (1) of section 102.012, Florida

15  Statutes, is amended to read:

16         102.012  Inspectors and clerks to conduct elections.--

17         (1)  The supervisor of elections of each county, at

18  least 20 days prior to the holding of any election, shall

19  appoint two election boards for each precinct in the county;

20  however, the supervisor of elections may, in any election,

21  appoint one election board if the supervisor has reason to

22  believe that only one is necessary.  Each election board shall

23  be composed of three inspectors and a clerk.  The clerk shall

24  be in charge of, and responsible for, seeing that the election

25  board carries out its duties and responsibilities. Each

26  inspector and each clerk shall take and subscribe to an oath

27  or affirmation, which shall be written or printed, to the

28  effect that he or she will perform the duties of inspector or

29  clerk of election, respectively, according to law and will

30  endeavor to prevent all fraud, deceit, or abuse in conducting

31  the election. The oath may be taken before an officer

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 270
    20-172-00




  1  authorized to administer oaths or before any of the persons

  2  who are to act as inspectors, one of them to swear the others,

  3  and one of the others sworn thus, in turn, to administer the

  4  oath to the one who has not been sworn.  The oaths shall be

  5  returned with the poll list and the returns of the election to

  6  the supervisor. In all questions that may arise before the

  7  members of an election board, the decision of a majority of

  8  them shall decide the question.  The supervisor of elections

  9  of each county shall be responsible for the attendance and

10  diligent performance of his or her duties by each clerk and

11  inspector.

12         Section 3.  Subsection (2) of section 102.031, Florida

13  Statutes, is amended to read:

14         102.031  Maintenance of good order at polls;

15  authorities; persons allowed in polling rooms; unlawful

16  solicitation of voters.--

17         (2)  The sheriff shall deputize a deputy sheriff for

18  each polling place precinct who shall be present during the

19  time the polls are open and until the election is completed,

20  who shall be subject to all lawful commands of the clerk or

21  inspectors, and who shall maintain good order.  The deputy may

22  summon assistance from among bystanders to aid him or her when

23  necessary to maintain peace and order at the polls.

24         Section 4.  This act shall take effect July 1, 2000.

25

26            *****************************************

27                          SENATE SUMMARY

28    Revises provisions of the election code. Provides an
      alternative procedure for absentee voting. Deletes a
29    requirement that election boards be composed of three
      inspectors and a clerk and requires that a deputy sheriff
30    be present at each polling place.

31

                                  4