House Bill 0757

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    Florida House of Representatives - 2000                 HB 757

        By Representative Kosmas






  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. 97.1031, F.S.; revising cross

  6         references, to conform; amending s. 101.64,

  7         F.S.; modifying absentee ballot certificates;

  8         amending s. 101.65, F.S.; modifying

  9         instructions to absent electors; amending s.

10         101.68, F.S.; modifying information that must

11         be included on an absentee ballot; amending s.

12         101.647, F.S.; prescribing information that an

13         absent elector's designee must include with an

14         absentee ballot; amending s. 101.694, F.S.;

15         deleting certain printing specifications for

16         envelopes sent to federal postcard applicants

17         for absentee ballots; amending s. 104.047,

18         F.S.; deleting a prohibition against persons

19         witnessing more than five ballots in an

20         election; repealing s. 97.056, F.S., relating

21         to voting requirements for certain persons who

22         register by mail; repealing s. 101.685, F.S.,

23         relating to absentee ballot coordinators;

24         providing effective dates.

25

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

27

28         Section 1.  Section 97.071, Florida Statutes, is

29  amended to read:

30         97.071  Registration identification card.--

31

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    Florida House of Representatives - 2000                 HB 757

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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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    Florida House of Representatives - 2000                 HB 757

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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.  Subsections (3) and (4) of section 97.1031,

25  Florida Statutes, are amended to read:

26         97.1031  Notice of change of residence within the same

27  county, change of name, or change of party.--

28         (3)  When an elector seeks to change party affiliation,

29  the elector must provide a signed, written notification of

30  such intent to the supervisor and obtain a registration

31

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    Florida House of Representatives - 2000                 HB 757

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  1  identification card reflecting the new party affiliation,

  2  subject to the issuance restriction in s. 97.071(3)(4).

  3         (4)  The supervisor shall make the necessary changes in

  4  the elector's records as soon as practical upon receipt of

  5  such notice of a change of address of legal residence, name,

  6  or party affiliation and shall issue the new registration

  7  identification card as required by s. 97.071(3)(4).

  8         Section 3.  Effective January 1, 2001, section 101.64,

  9  Florida Statutes, is amended to read:

10         101.64  Delivery of absentee ballots; envelopes;

11  form.--

12         (1)  The supervisor shall enclose with each absentee

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

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

15  mailing envelope, into which the absent elector shall then

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

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

18  substantially the following form:

19

20         Note:  Please Read Instructions Carefully Before

21        Marking Ballot and Completing Voter's Certificate.

22                       VOTER'S CERTIFICATE

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

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

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

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

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

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

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

30  certificate and have my signature witnessed will invalidate my

31

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    Florida House of Representatives - 2000                 HB 757

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

  2  the following reasons:

  3

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

  5  the polls.

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

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

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

  9  machine custodian, a deputy sheriff, a supervisor of

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

11  different precinct than that in which I am registered.

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

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

14  primary election.

15         5.  I have changed my permanent residency to another

16  county in Florida within the time period during which the

17  registration books are closed for the election.  I understand

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

19  offices and on statewide issues.

20         6.  I have changed my permanent residency to another

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

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

23  only for President and Vice President.

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

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

26  the supervision of, the county supervisor of elections.

27

28                                       ...(Voter's Signature)...

29                                 ....(Printed Name of Voter)....

30

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

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    Florida House of Representatives - 2000                 HB 757

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

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

  3  Sheet. Either:

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

  5  Instruction Sheet.

  6

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

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

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

10  ........, ...(year)....

11                                   ...(Signature of Official)...

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

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

14         Personally Known ........ OR Produced Identification

15  ........

16         Type of Identification Produced........................

17

18                                OR

19

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

21  State.

22

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

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

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

26  ballots for this election.

27

28  WITNESS:

29

30  ...(Signature of Witness)...

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

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    Florida House of Representatives - 2000                 HB 757

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  1

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

  3                         Registration)...

  4

  5  ...(Address)...

  6                                              ...(City/State)...

  7

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

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

10  the absent elector and the attesting witness are across the

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

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

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

14  elector and the attesting witness shall execute the

15  certificate on the envelope.

16         Section 4.  Effective January 1, 2001, section 101.65,

17  Florida Statutes, is amended to read:

18         101.65  Instructions to absent electors.--The

19  supervisor shall enclose with each absentee ballot separate

20  printed instructions in substantially the following form:

21

22  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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

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

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

26  supervisor of elections of the county in which your precinct

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

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

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

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

31  or write.

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    Florida House of Representatives - 2000                 HB 757

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  1         3.  Place your marked ballot in the enclosed secrecy

  2  envelope.

  3         4.  Insert the secrecy envelope into the enclosed

  4  mailing envelope which is addressed to the supervisor.

  5         5.  Seal the mailing envelope and completely fill out

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

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

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

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

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

11  must be witnessed in either of the following manners:

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

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

14  voter identification number, and county of registration on the

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

16  five ballots per election unless certified as an absentee

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

18  witness.

19         b.  Any notary or other officer entitled to administer

20  oaths or any Florida supervisor of elections or deputy

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

22  an attesting witness.

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

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

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

26  certificate. A candidate may not serve as an attesting

27  witness.

28         8.7.  Mail, deliver, or have delivered the completed

29  mailing envelope. Be sure there is sufficient postage if

30  mailed.

31

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    Florida House of Representatives - 2000                 HB 757

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  1         9.8.  FELONY NOTICE. It is a felony under Florida law

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

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

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

  5  or under any other circumstances making your ballot false or

  6  fraudulent.

  7         Section 5.  Effective January 1, 2001, paragraph (c) of

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

  9  to read:

10         101.68  Canvassing of absentee ballot.--

11         (2)

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

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

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

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

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

17  absentee ballot. An absentee ballot shall be considered

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

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

20  by the registration records, and the signature and address of

21  an attesting witness. either:

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

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

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

25  identification number, and county of registration of one

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

27

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

29  the signature of the elector or attesting witness does not

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

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

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    Florida House of Representatives - 2000                 HB 757

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  1  canvassing board determines that any ballot is illegal, a

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

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

  4  envelope and the ballot contained therein shall be preserved

  5  in the manner that official ballots voted are preserved.

  6         2.  If any elector or candidate present believes that

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

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

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

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

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

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

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

14  has been removed from the mailing envelope.

15         Section 6.  Section 101.647, Florida Statutes, is

16  amended to read:

17         101.647  Return of absentee ballots.--

18         (1)  Absentee ballots must be returned to the

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

20  mail.

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

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

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

24  person designated may not return more than two absentee

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

26  except that additional ballots may be returned for members of

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

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

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

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

31  provide to the supervisor the written authorization by the

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    Florida House of Representatives - 2000                 HB 757

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  1  elector and a picture identification of the designee and must

  2  complete an affidavit. The designee shall state in the

  3  affidavit that the designee is authorized to return that

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

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

  6  designee shall also state in the affidavit that the designee

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

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

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

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

11  is satisfied that the designee is authorized under law to

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

13  ballot.

14         Section 7.  Subsection (3) of section 101.694, Florida

15  Statutes, is amended to read:

16         101.694  Mailing of ballots upon receipt of federal

17  postcard application.--

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

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

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

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

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

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

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

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

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

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

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

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

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

31  ballot envelope an appropriate inscription or blanks for

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    Florida House of Representatives - 2000                 HB 757

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  1  return address of sender.  Additional specifications may be

  2  prescribed by rule of the Division of Elections upon

  3  recommendation of the presidential designee under the

  4  Uniformed and Overseas Citizens Absentee Voting Act.

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

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

  7  voters.

  8         Section 8.  Section 104.047, Florida Statutes, is

  9  amended to read:

10         104.047  Absentee voting.--

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

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

13  exchange for distributing, ordering, requesting, collecting,

14  delivering, or otherwise physically possessing absentee

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

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

17  775.082, s. 775.083, or s. 775.084.

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

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

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

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

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

23  entitled to administer oaths or an absentee ballot coordinator

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

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

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

27  775.083.

28         (3)(4)  Any person who marks or designates a choice on

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

30  101.051, s. 101.655, or s. 101.661, is guilty of a felony of

31

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    Florida House of Representatives - 2000                 HB 757

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

  2  775.083, or s. 775.084.

  3         (4)(5)  Any person who returns more than two absentee

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

  5  101.647 is guilty of a misdemeanor of the first degree,

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

  7         Section 9.  Section 97.056, Florida Statutes, is

  8  repealed.

  9         Section 10.  Section 101.685, Florida Statutes, is

10  repealed.

11         Section 11.  Except as otherwise provided in this act,

12  this act shall take effect July 1, 2000.

13

14            *****************************************

15                          HOUSE SUMMARY

16
      Deletes procedures for mailing voter registration
17    identification cards. Modifies absentee ballot
      certificates that appear on the back of the absentee
18    ballot envelope. Modifies the instructions to be given to
      absent electors and the information that must be included
19    on an absentee ballot. Prescribes information that an
      absent elector's designee must include with an absentee
20    ballot. Deletes a printing specification requiring red
      ink on envelopes sent to federal postcard applicants for
21    absentee ballots. Deletes the prohibition against a
      person witnessing more than five ballots in an election.
22    Repeals provisions relating to voting requirements for
      certain persons who register by mail and to absentee
23    ballot coordinators.  See bill for details.

24

25

26

27

28

29

30

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