House Bill 0917

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    Florida House of Representatives - 2000                 HB 917

        By Representative Stafford






  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.; revising the

  6         requirement establishing the composition of

  7         election boards; eliminating the requirement

  8         that poll workers be trained at formal classes;

  9         amending s. 102.021, F.S., to conform; amending

10         s. 102.031, F.S.; providing for a deputy

11         sheriff to be present at each polling place;

12         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 in accordance with the provisions of ss. 101.64,

24  101.647, and 101.65.  Before receiving the ballot, the elector

25  must present a Florida driver's license, a Florida

26  identification card issued under s. 322.051, or another form

27  of picture identification approved by the department of State.

28  If the elector fails to furnish the required identification,

29  or if the supervisor is in doubt as to the identity of the

30  elector, the supervisor must follow the procedure prescribed

31  in s. 101.49.

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    Florida House of Representatives - 2000                 HB 917

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  1         (2)(a)  As an alternative to an elector casting an

  2  absentee ballot in accordance with the provisions of ss.

  3  101.64, 101.647, and 101.65, the supervisor of elections may

  4  allow the elector to cast an absentee ballot in the main or

  5  branch office of the supervisor by depositing the voted ballot

  6  in a voting device used by the supervisor to collect or

  7  tabulate ballots. The results or tabulation may not be made

  8  before the close of the polls on election day.

  9         (b)  An elector casting an absentee ballot under this

10  subsection must provide a form of picture identification

11  approved by the department and must complete an in-office

12  voter certificate in substantially the following form:

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14                   IN-OFFICE VOTER CERTIFICATE

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

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

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

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

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

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

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

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

24  understand that my failure to sign this certificate and have

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

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

27  polls on election day.

28

29  ....(Voter's Signature)....

30

31  ....(Address)....

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    Florida House of Representatives - 2000                 HB 917

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  1

  2  ....(City/State)....

  3

  4  ....(Name of Witness)....

  5

  6  ....(Signature of Witness)....

  7

  8  ....(Type of Identification Provided)....

  9

10         (c)  Any elector may, in accordance with the provisions

11  of s. 101.111, challenge an elector seeking to cast an

12  absentee ballot under this subsection. Any challenged ballot

13  must be placed in a regular absentee ballot envelope. The

14  canvassing board shall review the ballot and decide the

15  validity of the ballot by majority vote.

16         (d)  Notwithstanding ss. 101.68 and 102.141(2), the

17  canvass of returns for ballots cast under this subsection

18  shall be substantially the same as votes cast by electors in

19  precincts, as provided in s. 101.5614.

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

21  Florida Statutes, are amended to read:

22         102.012  Inspectors and clerks to conduct elections.--

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

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

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

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

27  appoint one election board if the supervisor has reason to

28  believe that only one is necessary. Except as otherwise

29  provided in subsection (6), each election board shall be

30  composed of at least two three inspectors and a clerk.  The

31  clerk shall be in charge of, and responsible for, seeing that

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    Florida House of Representatives - 2000                 HB 917

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  1  the election board carries out its duties and

  2  responsibilities. Each inspector and each clerk shall take and

  3  subscribe to an oath or affirmation, which shall be written or

  4  printed, to the effect that he or she will perform the duties

  5  of inspector or clerk of election, respectively, according to

  6  law and will endeavor to prevent all fraud, deceit, or abuse

  7  in conducting the election. The oath may be taken before an

  8  officer authorized to administer oaths or before any of the

  9  persons who are to act as inspectors, one of them to swear the

10  others, and one of the others sworn thus, in turn, to

11  administer the oath to the one who has not been sworn.  The

12  oaths shall be returned with the poll list and the returns of

13  the election to the supervisor. In all questions that may

14  arise before the members of an election board, the decision of

15  a majority of them shall decide the question.  The supervisor

16  of elections of each county shall be responsible for the

17  attendance and diligent performance of his or her duties by

18  each clerk and inspector.

19         (6)  In any precinct in which there are fewer than 300

20  registered electors, it is not necessary to appoint two

21  election boards, but one such board will suffice.  Such board

22  shall be composed of at least one inspector and one clerk.

23         (8)  The supervisor of elections shall conduct training

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

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

26  purpose of instructing such persons in their duties and

27  responsibilities as election officials.  A certificate may be

28  issued by the supervisor of elections to each person

29  completing such training. No person shall serve as an

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

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

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  1  person who has attended previous training classes conducted

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

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

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

  5  supervisor of elections may fill such vacancy in accordance

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

  7  have not received the training required by this section.

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

  9  Statutes, is amended to read:

10         102.021  Compensation of inspectors, clerks, and deputy

11  sheriffs.--

12         (2)  Inspectors and clerks of election and deputy

13  sheriffs serving at the precincts may receive compensation and

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

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

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

17  Statutes, is amended to read:

18         102.031  Maintenance of good order at polls;

19  authorities; persons allowed in polling rooms; unlawful

20  solicitation of voters.--

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

22  each polling place precinct who shall be present during the

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

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

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

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

27  necessary to maintain peace and order at the polls.

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

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    Florida House of Representatives - 2000                 HB 917

    289-229A-00






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  2                          HOUSE SUMMARY

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      Provides an alternative procedure for voting by absentee
  4    ballot. Revises the requirement establishing the
      composition of election boards. Eliminates the
  5    requirement that poll workers be trained at formal
      classes. Provides for a deputy sheriff to be present at
  6    each polling place. See bill for details.

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