Senate Bill 0334c1

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    Florida Senate - 2000                            CS for SB 334

    By the Committee on Ethics and Elections; and Senator Saunders





    313-669-00

  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; repealing s.

19         97.056, F.S., relating to registration by mail;

20         repealing s. 101.685, F.S., relating to

21         absentee ballot coordinators; providing an

22         effective date.

23

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

25

26         Section 1.  Section 97.071, Florida Statutes, is

27  amended to read:

28         97.071  Registration identification card.--

29         (1)  A registration identification card must be

30  furnished to all voters registering under the permanent single

31  registration system and must contain:

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  1         (a)  Voter's registration number.

  2         (b)  Date of registration.

  3         (c)  Full name.

  4         (d)  Party affiliation.

  5         (e)  Date of birth.

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

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

  8         (h)  Address of legal residence.

  9         (i)  Precinct number.

10         (j)  Signature of supervisor.

11         (k)  Place for voter's signature.

12         (l)  Other information deemed necessary by the

13  department.

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

15  supervisor of elections shall mail a registration

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

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

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

19  mail.  If the identification card is returned as undeliverable

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

21  registration application, the supervisor must mail a notice to

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

23  registration identification card was returned and that the

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

25  up the identification card.  The supervisor must surrender the

26  identification card to the elector upon presentation of a

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

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

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

30  furnish the required identification, or if the supervisor has

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

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    Florida Senate - 2000                            CS for SB 334
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  1  require the elector to swear an oath substantially similar to

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

  3  identification card.  The supervisor must keep the

  4  identification card on file for 45 days following return of

  5  the card as undeliverable.

  6         (b)  The supervisor shall mail the voter identification

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

  8  Uniformed and Overseas Citizens Absentee Voting Act.

  9         (2)(3)  A voter may receive a replacement of a

10  registration identification card by providing a signed,

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

12  verification of registration, the supervisor shall issue the

13  voter a duplicate card without charge.

14         (3)(4)  In the case of a change of name, address, or

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

16  registration identification card. However, a registration

17  identification card indicating a party affiliation change made

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

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

20  until after the second primary election.

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

22  Florida Statutes, is amended to read:

23         101.64  Delivery of absentee ballots; envelopes;

24  form.--

25         (1)  The supervisor shall enclose with each absentee

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

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

28  mailing envelope, into which the absent elector shall then

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

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

31  substantially the following form:

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  1

  2         Note:  Please Read Instructions Carefully Before

  3        Marking Ballot and Completing Voter's Certificate.

  4                       VOTER'S CERTIFICATE

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

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

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

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

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

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

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

12  certificate and have my signature witnessed will invalidate my

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

14  the following reasons:

15

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

17  the polls.

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

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

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

21  machine custodian, a deputy sheriff, a supervisor of

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

23  different precinct than that in which I am registered.

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

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

26  primary election.

27         5.  I have changed my permanent residency to another

28  county in Florida within the time period during which the

29  registration books are closed for the election.  I understand

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

31  offices and on statewide issues.

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  1         6.  I have changed my permanent residency to another

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

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

  4  only for President and Vice President.

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

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

  7  the supervision of, the county supervisor of elections.

  8

  9                                       ...(Voter's Signature)...

10                                 ....(Printed Name of Voter)....

11

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

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

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

15  Sheet. Either:

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

17  Instruction Sheet.

18

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

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

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

22  ........, ...(year)....

23                                   ...(Signature of Official)...

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

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

26         Personally Known ........ OR Produced Identification

27  ........

28         Type of Identification Produced........................

29

30                                OR

31

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

  2  State.

  3

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

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

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

  7  ballots for this election.

  8

  9  WITNESS:

10

11  ...(Signature of Witness)...

12                                 ...(Printed Name of Witness)...

13

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

15                         Registration)...

16

17  ...(Address)...

18                                              ...(City/State)...

19

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

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

22  the absent elector and the attesting witness are across the

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

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

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

26  elector and the attesting witness shall execute the

27  certificate on the envelope.

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

29  Florida Statutes, is amended to read:

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    Florida Senate - 2000                            CS for SB 334
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  1         101.65  Instructions to absent electors.--The

  2  supervisor shall enclose with each absentee ballot separate

  3  printed instructions in substantially the following form:

  4

  5  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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

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

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

  9  supervisor of elections of the county in which your precinct

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

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

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

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

14  or write.

15         3.  Place your marked ballot in the enclosed secrecy

16  envelope.

17         4.  Insert the secrecy envelope into the enclosed

18  mailing envelope which is addressed to the supervisor.

19         5.  Seal the mailing envelope and completely fill out

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

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

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

23  (Voter's Signature)., place the last four digits of your

24  Social Security number in the space provided, and your ballot

25  must be witnessed in either of the following manners:

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

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

28  voter identification number, and county of registration on the

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

30  five ballots per election unless certified as an absentee

31

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

  2  witness.

  3         b.  Any notary or other officer entitled to administer

  4  oaths or any Florida supervisor of elections or deputy

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

  6  an attesting witness.

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

  8  to be counted, it must include the signature and address of a

  9  witness 18 years of age or older affixed to the voter's

10  certificate. A candidate may not serve as an attesting

11  witness.

12         8.7.  Mail, deliver, or have delivered the completed

13  mailing envelope. Be sure there is sufficient postage if

14  mailed.

15         9.8.  FELONY NOTICE. It is a felony under Florida law

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

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

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

19  or under any other circumstances making your ballot false or

20  fraudulent.

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

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

23  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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    Florida Senate - 2000                            CS for SB 334
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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 and address of

  4  an attesting witness. either:

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

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

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

  8  identification number, and county of registration of one

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

10

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

12  the signature of the elector or attesting witness does not

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

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

15  canvassing board determines that any ballot is illegal, a

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

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

18  envelope and the ballot contained therein shall be preserved

19  in the manner that official ballots voted are preserved.

20         2.  If any elector or candidate present believes that

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

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

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

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

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

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

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

28  has been removed from the mailing envelope.

29         Section 5.  Section 101.647, Florida Statutes, is

30  amended to read:

31         101.647  Return of absentee ballots.--

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    Florida Senate - 2000                            CS for SB 334
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  1         (1)  Absentee ballots must be returned to the

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

  3  mail.

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

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

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

  7  person designated may not return more than two absentee

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

  9  except that additional ballots may be returned for members of

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

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

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

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

14  provide to the supervisor the written authorization by the

15  elector and a picture identification of the designee and must

16  complete an affidavit. The designee shall state in the

17  affidavit that the designee is authorized to return that

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

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

20  designee shall also state in the affidavit that the designee

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

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

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

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

25  is satisfied that the designee is authorized under law to

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

27  ballot.

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

29  Statutes, is amended to read:

30         101.694  Mailing of ballots upon receipt of federal

31  postcard application.--

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

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

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

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

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

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

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

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

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

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

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

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

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

14  ballot envelope an appropriate inscription or blanks for

15  return address of sender.  Additional specifications may be

16  prescribed by rule of the Division of Elections upon

17  recommendation of the presidential designee under the

18  Uniformed and Overseas Citizens Absentee Voting Act.

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

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

21  voters.

22         Section 7.  Section 104.047, Florida Statutes, is

23  amended to read:

24         104.047  Absentee voting.--

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

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

27  exchange for distributing, ordering, requesting, collecting,

28  delivering, or otherwise physically possessing absentee

29  ballots, except as provided in ss. 101.6105-101.694, is guilty

30  of a felony of the third degree, punishable as provided in s.

31  775.082, s. 775.083, or s. 775.084.

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

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

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

  6  entitled to administer oaths or an absentee ballot coordinator

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

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

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

10  775.083.

11         (3)(4)  Any person who marks or designates a choice on

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

13  101.051, s. 101.655, or s. 101.661, is guilty of a felony of

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

15  775.083, or s. 775.084.

16         (4)(5)  Any person who returns more than two absentee

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

18  101.647 is guilty of a misdemeanor of the first degree,

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

20         Section 8.  Section 97.056, Florida Statutes, is

21  repealed.

22         Section 9.  Section 101.685, Florida Statutes, is

23  repealed.

24         Section 10.  Except as otherwise provided in this act,

25  this act shall take effect July 1, 2000.

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    Florida Senate - 2000                            CS for SB 334
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 334

  3

  4  Committee Substitute for Senate Bill 334 deletes a requirement
    that absentee ballot witnesses include their "Country" on the
  5  Voter's Certificate; deletes a requirement that absentee
    voters and witnesses include their printed name on the Voter's
  6  Certificate; repeals the provision of law authorizing
    political parties to appoint absentee ballot coordinators;
  7  deletes a newly-created felony offense for "witnessing"
    absentee ballots for compensation; and, modifies the effective
  8  date.

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