Senate Bill 0334

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    Florida Senate - 2000                                   SB 334

    By Senator Saunders





    25-239-00

  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. 101.694, F.S.; deleting certain printing

14         specifications for envelopes sent to federal

15         postcard applicants for absentee ballots;

16         amending s. 104.047, F.S.; deleting a

17         prohibition against persons witnessing more

18         than five ballots in an election; prohibiting

19         the receipt of a fee or benefit for witnessing

20         an absentee ballot; providing a criminal

21         penalty; repealing s. 97.056, F.S., relating to

22         registration by mail; providing an effective

23         date.

24

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

26

27         Section 1.  Section 97.071, Florida Statutes, is

28  amended to read:

29         97.071  Registration identification card.--

30

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  1         (1)  A registration identification card must be

  2  furnished to all voters registering under the permanent single

  3  registration system and must contain:

  4         (a)  Voter's registration number.

  5         (b)  Date of registration.

  6         (c)  Full name.

  7         (d)  Party affiliation.

  8         (e)  Date of birth.

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

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

11         (h)  Address of legal residence.

12         (i)  Precinct number.

13         (j)  Signature of supervisor.

14         (k)  Place for voter's signature.

15         (l)  Other information deemed necessary by the

16  department.

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

18  supervisor of elections shall mail a registration

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

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

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

22  mail.  If the identification card is returned as undeliverable

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

24  registration application, the supervisor must mail a notice to

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

26  registration identification card was returned and that the

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

28  up the identification card.  The supervisor must surrender the

29  identification card to the elector upon presentation of a

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

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

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

  2  furnish the required identification, or if the supervisor has

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

  4  require the elector to swear an oath substantially similar to

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

  6  identification card.  The supervisor must keep the

  7  identification card on file for 45 days following return of

  8  the card as undeliverable.

  9         (b)  The supervisor shall mail the voter identification

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

11  Uniformed and Overseas Citizens Absentee Voting Act.

12         (2)(3)  A voter may receive a replacement of a

13  registration identification card by providing a signed,

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

15  verification of registration, the supervisor shall issue the

16  voter a duplicate card without charge.

17         (3)(4)  In the case of a change of name, address, or

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

19  registration identification card. However, a registration

20  identification card indicating a party affiliation change made

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

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

23  until after the second primary election.

24         Section 2.  Effective January 1, 2001, section 101.64,

25  Florida Statutes, is amended to read:

26         101.64  Delivery of absentee ballots; envelopes;

27  form.--

28         (1)  The supervisor shall enclose with each absentee

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

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

31  mailing envelope, into which the absent elector shall then

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

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

  3  substantially the following form:

  4

  5         Note:  Please Read Instructions Carefully Before

  6        Marking Ballot and Completing Voter's Certificate.

  7                       VOTER'S CERTIFICATE

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

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

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

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

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

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

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

15  certificate and have my signature witnessed will invalidate my

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

17  the following reasons:

18

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

20  the polls.

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

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

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

24  machine custodian, a deputy sheriff, a supervisor of

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

26  different precinct than that in which I am registered.

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

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

29  primary election.

30         5.  I have changed my permanent residency to another

31  county in Florida within the time period during which the

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  1  registration books are closed for the election.  I understand

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

  3  offices and on statewide issues.

  4         6.  I have changed my permanent residency to another

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

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

  7  only for President and Vice President.

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

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

10  the supervision of, the county supervisor of elections.

11

12                                       ...(Voter's Signature)...

13                                 ....(Printed Name of Voter)....

14

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

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

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

18  Sheet. Either:

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

20  Instruction Sheet.

21

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

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

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

25  ........, ...(year)....

26                                   ...(Signature of Official)...

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

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

29         Personally Known ........ OR Produced Identification

30  ........

31         Type of Identification Produced........................

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  1

  2                                OR

  3

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

  5  State.

  6

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

  8  Certificate in my presence and that, unless certified as an

  9  absentee ballot coordinator, I have not witnessed more than 5

10  ballots for this election.

11

12  WITNESS:

13

14  ...(Signature of Witness)...

15                                 ...(Printed Name of Witness)...

16

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

18                         Registration)...

19

20  ...(Address)...

21                                      ...(City/State/Country)...

22

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

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

25  the absent elector and the attesting witness are across the

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

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

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

29  elector and the attesting witness shall execute the

30  certificate on the envelope.

31

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  1         Section 3.  Effective January 1, 2001, section 101.65,

  2  Florida Statutes, is amended to read:

  3         101.65  Instructions to absent electors.--The

  4  supervisor shall enclose with each absentee ballot separate

  5  printed instructions in substantially the following form:

  6

  7  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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

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

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

11  supervisor of elections of the county in which your precinct

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

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

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

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

16  or write.

17         3.  Place your marked ballot in the enclosed secrecy

18  envelope.

19         4.  Insert the secrecy envelope into the enclosed

20  mailing envelope which is addressed to the supervisor.

21         5.  Seal the mailing envelope and completely fill out

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

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

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

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

26  above (Printed name of Voter). place the last four digits of

27  your Social Security number in the space provided, and your

28  ballot must be witnessed in either of the following manners:

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

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

31  voter identification number, and county of registration on the

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

  2  five ballots per election unless certified as an absentee

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

  4  witness.

  5         b.  Any notary or other officer entitled to administer

  6  oaths or any Florida supervisor of elections or deputy

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

  8  an attesting witness.

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

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

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

12  affixed to the voter's certificate. A candidate may not serve

13  as an attesting witness.

14         8.7.  Mail, deliver, or have delivered the completed

15  mailing envelope. Be sure there is sufficient postage if

16  mailed.

17         9.8.  FELONY NOTICE. It is a felony under Florida law

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

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

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

21  or under any other circumstances making your ballot false or

22  fraudulent.

23         Section 4.  Effective January 1, 2001, paragraph (c) of

24  subsection (2) of section 101.68, Florida Statutes, is amended

25  to read:

26         101.68  Canvassing of absentee ballot.--

27         (2)

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

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

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

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

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

  2  absentee ballot. An absentee ballot shall be considered

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

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

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

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

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

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

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

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

11  identification number, and county of registration of one

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

13

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

15  the signature of the elector or attesting witness does not

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

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

18  canvassing board determines that any ballot is illegal, a

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

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

21  envelope and the ballot contained therein shall be preserved

22  in the manner that official ballots voted are preserved.

23         2.  If any elector or candidate present believes that

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

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

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

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

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

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

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

31  has been removed from the mailing envelope.

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  1         Section 5.  Section 101.647, Florida Statutes, is

  2  amended to read:

  3         101.647  Return of absentee ballots.--

  4         (1)  Absentee ballots must be returned to the

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

  6  mail.

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

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

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

10  person designated may not return more than two absentee

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

12  except that additional ballots may be returned for members of

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

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

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

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

17  provide to the supervisor the written authorization by the

18  elector and a picture identification of the designee and must

19  complete an affidavit. The designee shall state in the

20  affidavit that the designee is authorized to return that

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

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

23  designee shall also state in the affidavit that the designee

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

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

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

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

28  is satisfied that the designee is authorized under law to

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

30  ballot.

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  1         Section 6.  Subsection (3) of section 101.694, Florida

  2  Statutes, is amended to read:

  3         101.694  Mailing of ballots upon receipt of federal

  4  postcard application.--

  5         (3)  There shall be printed across the face of each

  6  envelope in which a ballot is sent to a federal postcard

  7  applicant, or is returned by such applicant to the supervisor,

  8  two parallel horizontal red bars, each one-quarter inch wide,

  9  extending from one side of the envelope to the other side,

10  with an intervening space of one-quarter inch, the top bar to

11  be 1  1/4  inches from the top of the envelope, and with the

12  words "Official Election Balloting Material-via Air Mail," or

13  similar language, between the bars. There shall be printed in

14  the upper right corner of each such envelope, in a box, the

15  words "Free of U. S. Postage, including Air Mail."  All

16  printing on the face of each envelope shall be in red, and

17  There shall be printed in red in the upper left corner of each

18  ballot envelope an appropriate inscription or blanks for

19  return address of sender.  Additional specifications may be

20  prescribed by rule of the Division of Elections upon

21  recommendation of the presidential designee under the

22  Uniformed and Overseas Citizens Absentee Voting Act.

23  Otherwise, the envelopes shall be the same as those used in

24  sending ballots to, or receiving them from, other absentee

25  voters.

26         Section 7.  Section 104.047, Florida Statutes, is

27  amended to read:

28         104.047  Absentee voting.--

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

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

31  exchange for distributing, ordering, requesting, witnessing,

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  1  collecting, delivering, or otherwise physically possessing

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

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

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

  5         (2)  Except as provided in s. 101.62 or s. 101.655, any

  6  person who requests an absentee ballot on behalf of an elector

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

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

  9         (3)  Any person, other than a notary or other officer

10  entitled to administer oaths or an absentee ballot coordinator

11  as provided by s. 101.685, who witnesses more than five

12  ballots in any single election, is guilty of a misdemeanor of

13  the first degree, punishable as provided in s. 775.082 or s.

14  775.083.

15         (3)(4)  Any person who marks or designates a choice on

16  the ballot of another person, except as provided in s.

17  101.051, s. 101.655, or s. 101.661, is guilty of a felony of

18  the third degree, punishable as provided in s. 775.082, s.

19  775.083, or s. 775.084.

20         (4)(5)  Any person who returns more than two absentee

21  ballots to the supervisors of elections in violation of s.

22  101.647 is guilty of a misdemeanor of the first degree,

23  punishable as provided in s. 775.082 or s. 775.083.

24         Section 8.  Section 97.056, Florida Statutes, is

25  repealed.

26         Section 9.  Except as otherwise provided in this act,

27  this act shall take effect July 1, 2001.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Deletes procedures for mailing voter registration
      identification cards. Modifies absentee ballot
  4    certificates that appear on the back of the absentee
      ballot envelope. Modifies the instructions to be given to
  5    absent electors and the information that must be included
      on an absentee ballot. Prescribes information that an
  6    absent elector's designee must include with an absentee
      ballot. Deletes a printing specification requiring red
  7    ink on envelopes sent to federal postcard applicants for
      absentee ballots. Deletes the prohibition against a
  8    person witnessing more than five ballots in an election.
      Provides that a person who accepts a pecuniary or other
  9    benefit for witnessing an absentee ballot is guilty of a
      third-degree felony. Repeals s. 97.056, F.S., relating to
10    registration by mail.

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