Senate Bill 0270c1

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    Florida Senate - 2000                            CS for SB 270

    By the Committee on Ethics and Elections; and Senator Sebesta





    313-666-00

  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; eliminating the

  8         requirement that pollworkers be trained at

  9         formal classes; amending s. 102.021, F.S., to

10         conform; amending s. 102.031, F.S.; providing

11         for a deputy sheriff to be present at each

12         polling place; providing an effective date.

13

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

15

16         Section 1.  Section 101.657, Florida Statutes, is

17  amended to read:

18         101.657  Voting absentee ballots in person.--

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

20  registered elector who is unable to attend the polls on

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

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

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

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

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

26  identification approved by the Department of State.  If the

27  elector fails to furnish the required identification, or if

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

29  the supervisor must follow the procedure prescribed in s.

30  101.49.

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    Florida Senate - 2000                            CS for SB 270
    313-666-00




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

  2  101.647, and 101.65, the supervisor of elections may allow an

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

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

  5  voting device used by the supervisor to collect or tabulate

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

  7  close of the polls on election day.

  8         (3)  The elector must provide picture identification

  9  and must complete an In-Office Voter Certificate in

10  substantially the following form:

11                   IN-OFFICE VOTER CERTIFICATE

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

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

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

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

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

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

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

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

20  understand that my failure to sign this certificate and have

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

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

23  polls on election day.

24

25

26  ....(Voter's Signature)....

27

28  ....(Address)....

29

30  ....(City/State)....

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    Florida Senate - 2000                            CS for SB 270
    313-666-00




  1  ....(Name of Witness)....

  2

  3  ....(Signature of Witness)....

  4

  5  ....(Type of identification provided)....

  6

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

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

  9  Any challenged ballot must be placed in a regular absentee

10  ballot envelope. The canvassing board shall review the ballot

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

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

13  section shall be substantially the same as votes cast by

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

15         Section 2.  Subsections (1) and (8) of section 102.012,

16  Florida Statutes, are amended to read:

17         102.012  Inspectors and clerks to conduct elections.--

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

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

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

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

22  appoint one election board if the supervisor has reason to

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

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

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

26  board carries out its duties and responsibilities. Each

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

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

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

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

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

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    Florida Senate - 2000                            CS for SB 270
    313-666-00




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

  2  authorized to administer oaths or before any of the persons

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

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

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

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

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

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

  9  them shall decide the question.  The supervisor of elections

10  of each county shall be responsible for the attendance and

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

12  inspector.

13         (8)  The supervisor of elections shall conduct training

14  classes for inspectors, clerks, and deputy sheriffs prior to

15  each first primary, general, and special election for the

16  purpose of instructing such persons in their duties and

17  responsibilities as election officials.  A certificate may be

18  issued by the supervisor of elections to each person

19  completing such training. No person shall serve as an

20  inspector, clerk, or deputy sheriff for an election unless

21  such person has completed the training class as required.  A

22  person who has attended previous training classes conducted

23  within 2 years of the election may be appointed by the

24  supervisor to fill a vacancy on election day.  If no person

25  with prior training is available to fill such vacancy, the

26  supervisor of elections may fill such vacancy in accordance

27  with the provisions of subsection (9) from among persons who

28  have not received the training required by this section.

29         Section 3.  Subsection (2) of section 102.021, Florida

30  Statutes, is amended to read:

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    Florida Senate - 2000                            CS for SB 270
    313-666-00




  1         102.021  Compensation of inspectors, clerks, and deputy

  2  sheriffs.--

  3         (2)  Inspectors and clerks of election and deputy

  4  sheriffs serving at the precincts may receive compensation and

  5  travel expenses, as provided in s. 112.061, for attending the

  6  poll worker training classes required by s. 102.012(8).

  7         Section 4.  Subsection (2) of section 102.031, Florida

  8  Statutes, is amended to read:

  9         102.031  Maintenance of good order at polls;

10  authorities; persons allowed in polling rooms; unlawful

11  solicitation of voters.--

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

13  each polling place precinct who shall be present during the

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

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

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

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

18  necessary to maintain peace and order at the polls.

19         Section 5.  This act shall take effect July 1, 2000.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                              SB 270

23

24  Committee Substitute for Senate Bill 270 removes the provision
    in the bill requiring the last four digits of a voter's social
25  security number on the Voter Certificate. The committee
    substitute also removes the requirement that supervisors of
26  elections hold formal training classes for poll workers. This
    will allow more flexibility in the manner in which poll
27  workers receive training.

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