Senate Bill sb0200c1

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    Florida Senate - 2001                            CS for SB 200

    By the Committee on Ethics and Elections; and Senator King





    313-1607-01

  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 and family members; requiring the

  8         Department of State to adopt rules specifying

  9         eligibility; providing for a state write-in

10         absentee ballot for overseas voters; providing

11         for absentee ballots for overseas voters;

12         providing for advance ballots; providing for

13         absentee ballot requests and voting via

14         electronic transmission by overseas voters

15         under certain circumstances; directing the

16         adoption of emergency rules to facilitate

17         voting by overseas voters; providing a

18         presumption that absentee ballots were mailed

19         on the date stated outside the absentee return

20         envelopes of absentee voters; authorizing the

21         Elections Canvassing Commission to adopt

22         emergency rules during crises to facilitate

23         absentee voting; amending s. 101.62, F.S., to

24         conform, amending s. 101.64, F.S.; modifying

25         absentee ballot certificates; amending s.

26         101.65, F.S.; modifying instructions to

27         absentee voters; amending s. 102.112, F.S.;

28         extending the deadline for submission of county

29         returns to the Department of State; amending s.

30         102.111, F.S., to conform; providing an

31         effective date.

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

  2

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

  4  Overseas Voter Protection Act."

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

  6  term:

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

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

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

10  the National Oceanic and Atmospheric Administration.

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

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

13  individual employed, enrolled, or maintained on the Great

14  Lakes for the inland waterways, who is:

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

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

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

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

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

20  training for employment, or maintained by the United States

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

22  such vessel.

23         (3)    "Overseas voter" means:

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

25  active service who are permanent residents of the state and

26  are temporarily residing outside the territorial limits of the

27  United States and the District of Columbia;

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

29  States who are permanent residents of the state and are

30  temporarily residing outside the territorial limits of the

31  United States and the District of Columbia; and

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

  2  permanent residents of the state and are temporarily residing

  3  outside the territorial limits of the United States and the

  4  District of Columbia,

  5

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

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

  8  facilitate the provisions in the federal Uniformed and

  9  Overseas Citizens Absentee Voting Act.

10         Section 4.  An individual or accompanying family member

11  who has been discharged or separated from the uniformed

12  services, Merchant Marine, or from employment outside the

13  territorial limits of the United States, after the book

14  closing for an election pursuant to section 97.055, Florida

15  Statutes, who is otherwise qualified, may register to vote in

16  such election until 5 p.m. on the Friday before that election.

17  Such persons must produce sufficient documentation showing

18  evidence of qualifying for late registration pursuant to this

19  section. The Department of State shall adopt rules specifying

20  documentation that is sufficient to determine eligibility.

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

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

23  180 days before a general election, a state write-in absentee

24  ballot from the supervisor of elections in the county of

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

26  voter shall state that due to military or other contingencies

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

28  absentee ballot during the normal absentee voting period.

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

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

31

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

  2  state write-in ballot.

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

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

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

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

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

  8  the ballot.

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

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

11  political party must be disregarded in determining the

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

13  voter has made a definite choice.

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

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

16  otherwise be entitled to vote.

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

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

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

20  general election, the supervisor of elections shall mail an

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

22  for an absentee ballot.

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

24  primary or general election are not available for mailing by

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

26  elections shall mail an advance ballot.

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

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

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

30  two candidates, those offices and all political party

31  executive committee offices shall be omitted.

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

  2  Statutes, the advance absentee ballot for the general election

  3  shall include the same information as the general election

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

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

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

  7  first primary election must be printed on the advance absentee

  8  ballot.

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

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

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

12  general election.

13         (d)  The supervisor shall enclose with the advance

14  ballot an explanation stating that the absentee ballot for the

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

16  the advance absentee ballot and the absentee ballot for the

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

18  ballot will be counted.

19         (e)  If the Elections Canvassing Commission is unable

20  to certify the results of an election for a state office in

21  time to comply with the provisions of this subsection, the

22  Department of State is authorized to prescribe rules for a

23  ballot to be sent to overseas voters.

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

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

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

27  on the ballots via electronic transmission.  The supervisor of

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

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

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

31  later than 8 days after the first primary; and the list of

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  1  candidates for the general election not later than 4 days

  2  after the second primary.

  3         (4)  For absentee ballots received from overseas

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

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

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

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

  8  later than the date of the election.

  9         Section 7.  Electronic transmission of election

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

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

12  absentee ballot and a voted absentee ballot by facsimile

13  machine or other electronic means from overseas voters. The

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

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

16  the transmission must be established, and each ballot received

17  must be recorded.

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

19  situation arises which makes substantial compliance with the

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

21  voting for overseas voters impossible or unreasonable, such as

22  an armed conflict involving United States Armed Forces or

23  mobilization of those forces, including state National Guard

24  and reserve components, the Elections Canvassing Commission

25  may adopt by emergency rules, such special procedures or

26  requirements necessary to facilitate absentee voting by those

27  persons directly affected who are otherwise eligible to vote

28  in the election.

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

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

31         101.62  Request for absentee ballots.--

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    Florida Senate - 2001                            CS for SB 200
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  1         (4)(a)  To each absent qualified elector overseas who

  2  has requested an absentee ballot, the supervisor of elections

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

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

  5  before the second primary and general election, the supervisor

  6  of elections shall mail an advance absentee ballot to those

  7  persons requesting ballots for such elections.  The advance

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

  9  the first primary absentee ballot as to the names of

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

11  two candidates, those offices and all political party

12  executive committee offices shall be omitted.  Except as

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

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

15  that in the case of candidates of political parties where

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

17  the candidates placing first and second in the first primary

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

19  advance absentee ballot or advance absentee ballot information

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

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

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

23  shall mail an advance absentee ballot for the second primary

24  and general election to each qualified absent elector for whom

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

26  The supervisor shall enclose with the advance second primary

27  absentee ballot and advance general election absentee ballot

28  an explanation stating that the absentee ballot for the

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

30  the advance absentee ballot and the absentee ballot for the

31

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    Florida Senate - 2001                            CS for SB 200
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  1  election are returned in time to be counted, only the absentee

  2  ballot will be counted.

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

  4  are printed, the supervisor shall provide an absentee ballot

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

  6  made by one of the following means:

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

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

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

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

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

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

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

14  emergency or natural disaster; or

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

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

17  facility, or correctional facility,

18

19  in which case the supervisor shall mail the ballot by

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

21  address the elector specifies in the request.

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

23  to vote by absentee ballot under the Uniformed and Overseas

24  Citizens Voting Act.

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

26  presentation of the identification required in s. 101.657.

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

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

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

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

31  than two absentee ballots per election, other than the

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

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

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

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

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

  6  designee shall provide to the supervisor the written

  7  authorization by the elector and a picture identification of

  8  the designee and must complete an affidavit.  The designee

  9  shall state in the affidavit that the designee is authorized

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

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

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

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

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

15  signature of the elector on the written authorization matches

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

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

18         (5)  In the event that the Elections Canvassing

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

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

21  Department of State is authorized to prescribe rules for a

22  ballot to be sent to absent electors overseas.

23         (5)(6)  Nothing other than the materials necessary to

24  vote absentee shall be mailed or delivered with any absentee

25  ballot.

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

27  qualified elector overseas" means:

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

29  service who are permanent residents of the state and are

30  temporarily residing outside the territorial limits of the

31  United States and the District of Columbia;

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

  2  who are permanent residents of the state and are temporarily

  3  residing outside the territorial limits of the United States

  4  and the District of Columbia; and

  5         3.  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 as provided by law.

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

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

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

14  candidates for each office, the political party affiliation of

15  each candidate for each office, other than a nonpartisan

16  office.

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

18  qualified electors overseas, only those ballots mailed with an

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

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

21  Statutes, is amended to read:

22         101.64  Delivery of absentee ballots; envelopes;

23  form.--

24         (1)  The supervisor shall enclose with each absentee

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

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

27  mailing envelope, into which the absent elector shall then

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

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

30  substantially the following form:

31

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  1         Note:  Please Read Instructions Carefully Before

  2        Marking Ballot and Completing Voter's Certificate.

  3                       VOTER'S CERTIFICATE

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

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

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

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

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

  9  $5,000 and/or imprisoned for up to 5 years.  I also understand

10  that failure to sign this certificate and have my signature

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

12  absentee ballot for one of the following reasons:

13

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

15  the polls.

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

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

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

19  machine custodian, a deputy sheriff, a supervisor of

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

21  different precinct than that in which I am registered.

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

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

24  primary election.

25         5.  I have changed my permanent residency to another

26  county in Florida within the time period during which the

27  registration books are closed for the election.  I understand

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

29  offices and on statewide issues.

30         6.  I have changed my permanent residency to another

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

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

  2  only for President and Vice President.

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

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

  5  the supervision of, the county supervisor of elections.

  6

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

  8

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

10  Note: Your Signature Must Be Witnessed By Either:

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

12  Instruction Sheet.

13

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

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

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

17  ........, ...(year)....

18                                   ...(Signature of Official)...

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

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

21         Personally Known ........ OR Produced Identification

22  ........

23         Type of Identification Produced........................

24

25                                OR

26

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

28  registered voter in the State.

29

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

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

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

  2  ballots for this election.

  3

  4  WITNESS:

  5

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

  7                                 ...(Printed Name of Witness)...

  8

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

10                         Registration)...

11

12  ...(Address)...

13                                              ...(City/State)...

14

15         Section 11.  Section 101.65, Florida Statutes, is

16  amended to read:

17         101.65  Instructions to absent electors.--The

18  supervisor shall enclose with each absentee ballot separate

19  printed instructions in substantially the following form:

20

21  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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

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

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

25  supervisor of elections of the county in which your precinct

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

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

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

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

30  or write.

31

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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).

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

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

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

13  place the last four digits of your Social Security number in

14  the space provided, and your ballot must be witnessed in

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

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

29  witness 18 years of age or older affixed to the Voter's

30  Certificate. No candidate may serve as an attesting witness.

31

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  1         9.7.  Mail, deliver, or have delivered the completed

  2  mailing envelope. Be sure there is sufficient postage if

  3  mailed.

  4         10.8.  FELONY NOTICE. It is a felony under Florida law

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

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

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

  8  or under any other circumstances making your ballot false or

  9  fraudulent.

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

11  Statutes, is amended to read:

12         102.111  Elections Canvassing Commission.--

13         (1)  Immediately after certification of any election by

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

15  the Department of State concerning the election of any federal

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

17  the Director of the Division of Elections shall be the

18  Elections Canvassing Commission.  The Elections Canvassing

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

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

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

22  the event that any member of the Elections Canvassing

23  Commission is unavailable to certify the returns of any

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

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

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

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

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

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

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

31  Statutes, is amended to read:

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  1         102.112  Deadline for submission of county returns to

  2  the Department of State; penalties.--

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

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

  5  state officer with the Department of State immediately after

  6  certification of the election results. Returns must be filed

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

  8  p.m. on the 11th day following the and general election and by

  9  3 p.m. on the 3rd day following the second primary. If the

10  returns are not received by the department by the time

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

12  at that time may be certified by the department.

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

14  2002.

15

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                              SB 200

18

19  The committee substitute creates the Military and Overseas
    Voter Protection Act to facilitate the provisions of federal
20  law.  The bill contains the following main components:  late
    registration for certain persons returning from overseas;
21  state write-in ballots for overseas voters; electronic
    transmission of names of candidates on the ballot to overseas
22  voters who have provided an e-mail address; addition of a
    place for a voter to indicate the date the Voter's Certificate
23  on the absentee ballot envelope was signed; a presumption that
    an absentee allot received from an overseas voter was mailed
24  on the date stated on the Voter's Certificate; requirement for
    rules authorizing a supervisor of elections to receive
25  requests for absentee ballots and voted ballots from overseas
    voters under certain conditions; authorization for the
26  Elections Canvassing Commission to adopt rules to facilitate
    absentee voting by persons directly affected by a local or
27  national emergency; and certification deadline change for
    general elections to allow for the certification to include
28  votes from overseas voters.

29

30

31

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