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.--
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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. 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
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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
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1 ballot. I am entitled to vote an absentee ballot for one of
2 the following reasons:
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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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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.
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28 WITNESS:
29
30 ...(Signature of Witness)...
31 ...(Printed Name of Witness)...
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2 ...(Voter I.D. Number of Witness and County of
3 Registration)...
4
5 ...(Address)...
6 ...(City/State)...
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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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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.
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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.
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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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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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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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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
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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.
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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.
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