House Bill hb0189e1

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                                           HB 189, First Engrossed



  1                      A bill to be entitled

  2         An act relating to elections; creating the

  3         "Military and Overseas Voter Protection Act;"

  4         providing definitions; stating legislative

  5         intent; providing for registration of certain

  6         recently discharged or separated military

  7         personnel, or individuals separated from

  8         employment outside the territorial United

  9         States, and family members; requiring the

10         Department of State to adopt rules specifying

11         eligibility; providing a state write-in

12         absentee ballot for overseas voters; providing

13         for absentee ballots for overseas voters;

14         providing for advance ballots; providing for

15         absentee ballot requests and voting via

16         electronic transmission by overseas voters

17         under certain circumstances; directing the

18         promulgation of emergency rules to facilitate

19         voting by overseas voters; providing a

20         presumption that absentee ballots were mailed

21         on the date stated on the outside of the

22         absentee return envelopes of absentee voters;

23         authorizing the Elections Canvassing Commission

24         to adopt emergency rules during crises to

25         facilitate absentee voting; amending s. 101.62,

26         F.S., to conform, amending s. 101.64, F.S.;

27         modifying absentee ballot certificates;

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

29         instructions to absentee voters; amending s.

30         102.112, F.S.; extending the deadline for

31         submission of county returns to the Department


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                                           HB 189, First Engrossed



  1         of State; amending s. 102.111, F.S.; providing

  2         an effective date.

  3

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

  5

  6         Section 1.  This act may be cited as the "Military and

  7  Overseas Voter Protection Act."

  8         Section 2.  Definitions.--As used in this act, the

  9  term:

10         (1)  "Uniformed services" means the Army, Navy, Air

11  Force, Marine Corps, and Coast Guard, the commissioned corps

12  of the Public Health Service, and the commissioned corps of

13  the National Oceanic and Atmospheric Administration.

14         (2)  "Member of the Merchant Marine" means an

15  individual, other than a member of a uniformed service or an

16  individual employed, enrolled, or maintained on the Great

17  Lakes for the inland waterways, who is:

18         (a)  Employed as an officer or crew member of a vessel

19  documented under the laws of the United States, a vessel owned

20  by the United States, or a vessel of foreign-flag registry

21  under charter to or control of the United States; or

22         (b)  Enrolled with the United States for employment or

23  training for employment, or maintained by the United States

24  for emergency relief service, as an officer or crew member of

25  such vessel.

26         (3)    "Overseas voter" means:

27         (a)  Members of the uniformed services while in the

28  active service who are permanent residents of the state and

29  are temporarily residing outside the territorial limits of the

30  United States and the District of Columbia;

31


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                                           HB 189, First Engrossed



  1         (b)  Members of the Merchant Marine of the United

  2  States who are permanent residents of the state and are

  3  temporarily residing outside the territorial limits of the

  4  United States and the District of Columbia; and

  5         (c)  Other citizens of the United States who are

  6  permanent residents of the state and are temporarily residing

  7  outside the territorial limits of the United States and the

  8  District of Columbia,

  9

10  who are qualified and registered to vote as provided by law.

11         Section 3.  It is the intent of the Legislature to

12  facilitate the provisions of the federal Uniformed and

13  Overseas Citizens Absentee Voting Act.

14         Section 4.  An individual or accompanying family member

15  who has been discharged or separated from the uniformed

16  services, Merchant Marine, or from employment outside the

17  territorial limits of the United States, after the book

18  closing for an election pursuant to s. 97.055, who is

19  otherwise qualified, may register to vote in such election

20  until 5 p.m. on the Friday before that election.  Such persons

21  must produce sufficient documentation showing evidence of

22  qualifying for late registration pursuant to this section.

23  The Department of State shall adopt rules specifying

24  documentation that is sufficient to determine eligibility.

25         Section 5.  State write-in ballot.--

26         (1)  An overseas voter may request, not earlier than

27  180 days before a general election, a state write-in absentee

28  ballot from the supervisor of elections in the county of

29  registration. In order to receive a state write-in ballot, the

30  voter shall state that due to military or other contingencies

31  that preclude normal mail delivery, the voter cannot vote an


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                                           HB 189, First Engrossed



  1  absentee ballot during the normal absentee voting period.

  2  State write-in absentee ballots shall be made available to

  3  voters 90 to 180 days prior to a general election.  The

  4  Department of State shall prescribe by rule the form of the

  5  state write-in ballot.

  6         (2)  In completing the ballot, the overseas voter may

  7  designate his or her choice by writing in the name of the

  8  candidate or by writing in the name of a political party, in

  9  which case the ballot must be counted for the candidate of

10  that political party, if there is such a party candidate on

11  the ballot.

12         (3)  Any abbreviation, misspelling, or other minor

13  variation in the form of the name of a candidate or a

14  political party must be disregarded in determining the

15  validity of the ballot if there is a clear indication that the

16  voter has made a definite choice.

17         (4)  The state write-in ballot shall contain all

18  offices, federal, state, and local, for which the voter would

19  otherwise be entitled to vote.

20         Section 6.  Absentee ballots for overseas voters.--

21         (1)  Not fewer than 35 days prior to the first primary

22  and not fewer than 45 days prior to the second primary and the

23  general election, the supervisor of elections shall mail an

24  absentee ballot to each overseas voter who has made a request

25  for an absentee ballot.

26         (2)  If the regular absentee ballots for the second

27  primary or general election are not available for mailing by

28  the times prescribed in subsection (1), the supervisor of

29  elections shall mail an advance ballot.

30         (a)  The advance ballot for the second primary must be

31  the same as the first primary ballot as to the names of


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                                           HB 189, First Engrossed



  1  candidates, except that for any offices where there are only

  2  two candidates, those offices and all political party

  3  executive committee offices shall be omitted.

  4         (b)  Except as provided in section 99.063(4), Florida

  5  Statutes, the advance absentee ballot for the general election

  6  shall include the same information as the general election

  7  ballot, except that in the case of candidates of political

  8  parties when nominations were not made in the first primary,

  9  the names of the candidates placing first and second in the

10  first primary election must be printed on the advance absentee

11  ballot.

12         (c)  The advance absentee ballot shall be a different

13  color for each election and also a different color from the

14  absentee ballots for the first primary, second primary, and

15  general election.

16         (d)  The supervisor shall enclose with the advance

17  ballot an explanation stating that the absentee ballot for the

18  election will be mailed as soon as it is printed; and, if both

19  the advance absentee ballot and the absentee ballot for the

20  election are returned in time to be counted, only the absentee

21  ballot will be counted.

22         (e)  In the event that the Elections Canvassing

23  Commission is unable to certify the results of an election for

24  a state office in time to comply with the provisions of the

25  subsection, the Department of State is authorized to prescribe

26  rules for a ballot to be sent to overseas voters.

27         (3)  If an overseas voter's request for an absentee

28  ballot includes an e-mail address, the supervisor of elections

29  shall inform the voter of the names of candidates who will be

30  on the ballots via electronic transmission.  The supervisor of

31  elections shall e-mail to the voter the list of candidates for


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                                           HB 189, First Engrossed



  1  the first primary not later than 30 days before the first

  2  primary; the list of candidates for the second primary not

  3  later than eight days after the first primary, and the list of

  4  candidates for the general election not later than four days

  5  after the second primary.

  6         (4)  For absentee ballots received from overseas

  7  voters, there is a presumption that the envelope was mailed on

  8  the date stated and witnessed on the outside of the return

  9  envelope, regardless of the absence of a postmark on the

10  mailed envelope or the existence of a postmark date that is

11  later than the date of the election.

12         Section 7.  Electronic transmission of election

13  materials.--The Department of State shall adopt rules to

14  authorize a supervisor of elections to accept a request for an

15  absentee ballot and a voted absentee ballot by facsimile

16  machine or other electronic means from overseas voters. The

17  rules must provide that in order to accept a voted ballot, the

18  verification of the voter must be established, the security of

19  the transmission must be established, and each ballot received

20  must be recorded.

21         Section 8.  If a national or local emergency or other

22  situation arises which makes substantial compliance with the

23  provisions of state or federal law relating to the methods of

24  voting for overseas voters impossible or unreasonable, such as

25  an armed conflict involving United States Armed Forces or

26  mobilization of those forces, including state National Guard

27  and reserve components, the Elections Canvassing Commission

28  may adopt by emergency rules, such special procedures or

29  requirements necessary to facilitate absentee voting by those

30  persons directly affected who are otherwise eligible to vote

31  in the election.


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                                           HB 189, First Engrossed



  1         Section 9.  Subsections (4), (5), (6), and (7) of

  2  section 101.62, Florida Statutes, are amended to read:

  3         101.62  Request for absentee ballots.--

  4         (4)(a)  To each absent qualified elector overseas who

  5  has requested an absentee ballot, the supervisor of elections

  6  shall, not fewer than 35 days before the first primary

  7  election, mail an absentee ballot.  Not fewer than 45 days

  8  before the second primary and general election, the supervisor

  9  of elections shall mail an advance absentee ballot to those

10  persons requesting ballots for such elections.  The advance

11  absentee ballot for the second primary shall be the same as

12  the first primary absentee ballot as to the names of

13  candidates, except that for any offices where there are only

14  two candidates, those offices and all political party

15  executive committee offices shall be omitted.  Except as

16  provided in s. 99.063(4), the advance absentee ballot for the

17  general election shall be as specified in s. 101.151, except

18  that in the case of candidates of political parties where

19  nominations were not made in the first primary, the names of

20  the candidates placing first and second in the first primary

21  election shall be printed on the advance absentee ballot. The

22  advance absentee ballot or advance absentee ballot information

23  booklet shall be of a different color for each election and

24  also a different color from the absentee ballots for the first

25  primary, second primary, and general election.  The supervisor

26  shall mail an advance absentee ballot for the second primary

27  and general election to each qualified absent elector for whom

28  a request is received until the absentee ballots are printed.

29  The supervisor shall enclose with the advance second primary

30  absentee ballot and advance general election absentee ballot

31  an explanation stating that the absentee ballot for the


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                                           HB 189, First Engrossed



  1  election will be mailed as soon as it is printed; and, if both

  2  the advance absentee ballot and the absentee ballot for the

  3  election are returned in time to be counted, only the absentee

  4  ballot will be counted.

  5         (b)  As soon as the remainder of the absentee ballots

  6  are printed, the supervisor shall provide an absentee ballot

  7  to each elector by whom a request for that ballot has been

  8  made by one of the following means:

  9         (a)1.  By nonforwardable, return-if-undeliverable mail

10  to the elector's current mailing address on file with the

11  supervisor, unless the elector specifies in the request that:

12         1.a.  The elector is absent from the county and does

13  not plan to return before the day of the election;

14         2.b.  The elector is temporarily unable to occupy the

15  residence because of hurricane, tornado, flood, fire, or other

16  emergency or natural disaster; or

17         3.c.  The elector is in a hospital, assisted-living

18  facility, nursing home, short-term medical or rehabilitation

19  facility, or correctional facility,

20

21  in which case the supervisor shall mail the ballot by

22  nonforwardable, return-if-undeliverable mail to any other

23  address the elector specifies in the request.

24         (b)2.  By forwardable mail to voters who are entitled

25  to vote by absentee ballot under the Uniformed and Overseas

26  Citizens Voting Act.

27         (c)3.  By personal delivery to the elector, upon

28  presentation of the identification required in s. 101.657.

29         (d)4.  By delivery to a designee on election day or up

30  to 4 days prior to the day of an election. Any elector may

31  designate in writing a person to pick up the ballot for the


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                                           HB 189, First Engrossed



  1  elector; however, the person designated may not pick up more

  2  than two absentee ballots per election, other than the

  3  designee's own ballot, except that additional ballots may be

  4  picked up for members of the designee's immediate family.  For

  5  purposes of this section, "immediate family" means the

  6  designee's spouse or the parent, child, grandparent, or

  7  sibling of the designee or of the designee's spouse.  The

  8  designee shall provide to the supervisor the written

  9  authorization by the elector and a picture identification of

10  the designee and must complete an affidavit.  The designee

11  shall state in the affidavit that the designee is authorized

12  by the elector to pick up that ballot and shall indicate if

13  the elector is a member of the designee's immediate family

14  and, if so, the relationship.  The department shall prescribe

15  the form of the affidavit. If the supervisor is satisfied that

16  the designee is authorized to pick up the ballot and that the

17  signature of the elector on the written authorization matches

18  the signature of the elector on file, the supervisor shall

19  give the ballot to that designee for delivery to the elector.

20         (5)  In the event that the Elections Canvassing

21  Commission is unable to certify the results of an election for

22  a state office in time to comply with subsection (4), the

23  Department of State is authorized to prescribe rules for a

24  ballot to be sent to absent electors overseas. 

25         (5)(6)  Nothing other than the materials necessary to

26  vote absentee shall be mailed or delivered with any absentee

27  ballot.

28         (7)(a)  For the purposes of this section, "absent

29  qualified elector overseas" means:

30         1.  Members of the Armed Forces while in the active

31  service who are permanent residents of the state and are


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                                           HB 189, First Engrossed



  1  temporarily residing outside the territorial limits of the

  2  United States and the District of Columbia;

  3         2.  Members of the Merchant Marine of the United States

  4  who are permanent residents of the state and are temporarily

  5  residing outside the territorial limits of the United States

  6  and the District of Columbia; and

  7         3.  Other citizens of the United States who are

  8  permanent residents of the state and are temporarily residing

  9  outside the territorial limits of the United States and the

10  District of Columbia,

11

12  who are qualified and registered as provided by law.

13         (b)  Notwithstanding any other provision of law to the

14  contrary, there shall appear on the ballots sent to absent

15  qualified electors overseas, in addition to the names of the

16  candidates for each office, the political party affiliation of

17  each candidate for each office, other than a nonpartisan

18  office.

19         (c)  With respect to marked ballots mailed by absent

20  qualified electors overseas, only those ballots mailed with an

21  APO, FPO, or foreign postmark shall be considered valid.

22         Section 10.  Subsection (1) of section 101.64, Florida

23  Statutes, is amended to read:

24         101.64  Delivery of absentee ballots; envelopes;

25  form.--

26         (1)  The supervisor shall enclose with each absentee

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

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

29  mailing envelope, into which the absent elector shall then

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

31


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                                           HB 189, First Engrossed



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

  2  substantially the following form:

  3

  4         Note:  Please Read Instructions Carefully Before

  5        Marking Ballot and Completing Voter's Certificate.

  6                       VOTER'S CERTIFICATE

  7         I, ...., am a qualified and registered voter of ....

  8  County, Florida. I understand that if I commit or attempt to

  9  commit any fraud in connection with voting, vote a fraudulent

10  ballot, or vote more than once in an election, I can be

11  convicted of a felony of the third degree and fined up to

12  $5,000 and/or imprisoned for up to 5 years.  I also understand

13  that failure to sign this certificate and have my signature

14  witnessed will invalidate my ballot. I am entitled to vote an

15  absentee ballot for one of the following reasons:

16

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

18  the polls.

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

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

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

22  machine custodian, a deputy sheriff, a supervisor of

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

24  different precinct than that in which I am registered.

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

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

27  primary election.

28         5.  I have changed my permanent residency to another

29  county in Florida within the time period during which the

30  registration books are closed for the election.  I understand

31


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                                           HB 189, First Engrossed



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

  2  offices and on statewide issues.

  3         6.  I have changed my permanent residency to another

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

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

  6  only for President and Vice President.

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

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

  9  the supervision of, the county supervisor of elections.

10

11

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

13

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

15  Note: Your Signature Must Be Witnessed By 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

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                                           HB 189, First Engrossed



  1         b.  One Witness, 18 years of age or older  who is a

  2  registered voter in the 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         Section 11.  Section 101.65, Florida Statutes, is

21  amended to read:

22         101.65  Instructions to absent electors.--The

23  supervisor shall enclose with each absentee ballot separate

24  printed instructions in substantially the following form:

25

26  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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

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

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

30  supervisor of elections of the county in which your precinct

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


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                                           HB 189, First Engrossed



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

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

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

  4  or write.

  5         3.  Place your marked ballot in the enclosed secrecy

  6  envelope.

  7         4.  Insert the secrecy envelope into the enclosed

  8  mailing envelope which is addressed to the supervisor.

  9         5.  Seal the mailing envelope and completely fill out

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

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

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

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

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

15  must be witnessed in either of the following manners:

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

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

18  voter identification number, and county of registration on the

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

20  five ballots per election unless certified as an absentee

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

22  witness.

23         b.  Any notary or other officer entitled to administer

24  oaths or any Florida supervisor of elections or deputy

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

26  an attesting witness.

27         7.  VERY IMPORTANT. If you are an overseas voter, you

28  must include the date you signed the Voter's Certificate on

29  the line above (Date) or your ballot may not be counted.

30         8.  VERY IMPORTANT. In order for your absentee ballot

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


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                                           HB 189, First Engrossed



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

  2  certificate. No candidate may serve as an attesting witness.

  3         9.7.  Mail, deliver, or have delivered the completed

  4  mailing envelope. Be sure there is sufficient postage if

  5  mailed.

  6         10.8.  FELONY NOTICE. It is a felony under Florida law

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

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

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

10  or under any other circumstances making your ballot false or

11  fraudulent.

12         Section 12.  Subsection (1) of section 102.111, Florida

13  Statutes, is amended to read:

14         102.111  Elections Canvassing Commission.--

15         (1)  Immediately after certification of any election by

16  the county canvassing board, the results shall be forwarded to

17  the Department of State concerning the election of any federal

18  or state officer.  The Governor, the Secretary of State, and

19  the Director of the Division of Elections shall be the

20  Elections Canvassing Commission.  The Elections Canvassing

21  Commission shall, as soon as the official results are compiled

22  from all counties, certify the returns of the election and

23  determine and declare who has been elected for each office. In

24  the event that any member of the Elections Canvassing

25  Commission is unavailable to certify the returns of any

26  election, such member shall be replaced by a substitute member

27  of the Cabinet as determined by the Director of the Division

28  of Elections.  If the county returns are not received by the

29  Department of State by 5 p.m. of the seventh day following an

30  election, all missing counties shall be ignored, and the

31  results shown by the returns on file shall be certified.


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                                           HB 189, First Engrossed



  1         Section 13.  Subsection (1) of section 102.112, Florida

  2  Statutes, is amended to read:

  3         102.112  Deadline for submission of county returns to

  4  the Department of State; penalties.--

  5         (1)  The county canvassing board or a majority thereof

  6  shall file the county returns for the election of a federal or

  7  state officer with the Department of State immediately after

  8  certification of the election results. Returns must be filed

  9  by 5 p.m. on the 7th day following the first primary, and by 5

10  p.m. on the 11th day following the general election, and by 3

11  p.m. on the 3rd day following the second primary. If the

12  returns are not received by the department by the time

13  specified, such returns may be ignored and the results on file

14  at that time may be certified by the department.

15         Section 14.  This act shall take effect January 1,

16  2002.

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