House Bill hb0745

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    Florida House of Representatives - 2001                 HB 745

        By Representative Diaz de la Portilla






  1                      A bill to be entitled

  2         An act relating to elections; providing a short

  3         title; amending s. 97.055, F.S.; eliminating

  4         the book-closing period for voter registration;

  5         providing for registration and changes in

  6         registration at the polls on election day;

  7         amending ss. 97.021, 97.053, 97.071, 98.065,

  8         98.081, 98.231, 101.045, 101.64, and 101.663,

  9         F.S., to conform; amending s. 101.657, F.S.;

10         requiring the office of the supervisor of

11         elections and any branch office to be open on

12         the Saturday prior to any statewide election or

13         other election held in conjunction therewith,

14         for the purpose of allowing early in-person

15         absentee voting for that election; amending ss.

16         97.057 and 97.058, F.S.; requiring supervisors

17         of elections to provide assistance necessary to

18         ensure the timely forwarding of completed voter

19         registration applications processed or received

20         by the Department of Highway Safety and Motor

21         Vehicles and voter registration agencies;

22         creating s. 101.005, F.S.; providing for a

23         uniform statewide voting system and ballots;

24         providing rulemaking authority to the

25         Department of State to implement and adopt

26         standards for the system, including ballot

27         requirements; amending ss. 102.111 and 102.112,

28         F.S.; providing that county returns submitted

29         to the Department of State after the required

30         deadline must be ignored and the results shown

31         by the returns on file certified; amending s.

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  1         102.141, F.S.; requiring a manual recount of

  2         all ballots in all counties for any election in

  3         which a candidate for statewide or

  4         multidistrict office was defeated or eliminated

  5         by one-half of a percent or less of the votes

  6         cast for such office; amending s. 102.166,

  7         F.S.; defining the terms "error in the vote

  8         tabulation" and "affect the outcome of the

  9         election" for purposes of establishing the

10         grounds for conducting a manual recount that is

11         not automatically required; requiring all

12         manual recounts to be open to the public and

13         follow certain procedures; creating s.

14         102.1665, F.S.; providing standards for the

15         manual recount of punchcard ballots; providing

16         effective dates.

17

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

19

20         Section 1.  This act may be cited as the "Florida Fair

21  Elections Act of 2001."

22         Section 2.  Section 97.055, Florida Statutes, is

23  amended to read:

24         97.055  Registration period open books; registration at

25  the polls when closed for an election.--

26         (1)  The registration books shall remain open for

27  purposes of registration and changes in registration as

28  authorized in this code and may not must be closed on the 29th

29  day before any each election; and any person who is eligible

30  under s. 97.041 may register to vote or update a voter

31  registration at any time and in any manner authorized in this

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  1  code, including on the day of an election must remain closed

  2  until after that election. If an election is called and there

  3  are fewer than 29 days before that election, the registration

  4  books must be closed immediately. When the registration books

  5  are closed for an election, voter registration and party

  6  changes must be accepted but only for the purpose of

  7  subsequent elections. However, party changes received between

  8  the book-closing date of the first primary election and the

  9  date of the second primary election are not effective until

10  after the second primary election.

11         (2)  Any person eligible under s. 97.041 who wishes to

12  register to vote or update a voter registration on the day of

13  an election may do so at the polls, while the polls are open,

14  by completing a voter registration application to provide the

15  required information.  However, if the person has previously

16  attempted to register either by mail or through the division,

17  a driver license office, a voter registration agency, or an

18  armed forces recruitment office and that registration has not

19  been received by the supervisor in time to include the

20  person's name on the registration books or precinct register

21  for that election, the person shall, prior to completing the

22  voter registration application at the polls, inform the

23  supervisor, deputy supervisor, or other authorized

24  registration official of the prior attempt to register.  Any

25  such prior registration or update of such a registration

26  received by the supervisor after the election shall be

27  considered obviated or superseded by the registration or

28  update of a registration at the polls on the day of that

29  election. In computing the 29-day period for the closing of

30  the registration books, the day of the election is excluded

31  and all other days are included. If the 29th day preceding an

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  1  election falls on a Sunday or a legal holiday, the

  2  registration books must be closed on the next day that is not

  3  a Sunday or a legal holiday.

  4         Section 3.  Subsections (1) and (9) of section 97.021,

  5  Florida Statutes, are amended to read:

  6         97.021  Definitions.--For the purposes of this code,

  7  except where the context clearly indicates otherwise, the

  8  term:

  9         (1)  "Absent elector" means any registered and

10  qualified voter who:

11         (a)  Is unable without another's assistance to attend

12  the polls.

13         (b)  Is an inspector, a poll worker, a deputy voting

14  machine custodian, a deputy sheriff, a supervisor of

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

16  different precinct than that in which he or she is registered

17  to vote.

18         (c)  On account of the tenets of his or her religion,

19  cannot attend the polls on the day of the general, special, or

20  primary election.

21         (d)  May not be in the precinct of his or her residence

22  during the hours the polls are open for voting on the day of

23  the election.

24         (e)  Has changed his or her residency to another county

25  in this state within the time period during which the

26  registration books are closed for the election for which the

27  ballot is requested.

28         (e)(f)  Has changed his or her residency to another

29  state and is ineligible under the laws of that state to vote

30  in the general election; however, this pertains only to

31  presidential ballots.

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  1         (9)  "Election costs" shall include, but not be limited

  2  to, expenditures for all paper supplies such as envelopes,

  3  instructions to voters, affidavits, reports, ballot cards,

  4  ballot booklets for absentee voters, postage, notices to

  5  voters; advertisements for registration book closings, testing

  6  of voting equipment, sample ballots, and polling places; forms

  7  used to qualify candidates; polling site rental and equipment

  8  delivery and pickup; data processing time and supplies;

  9  election records retention; and labor costs, including those

10  costs uniquely associated with absentee ballot preparation,

11  poll workers, and election night canvass.

12         Section 4.  Subsection (4) of section 97.053, Florida

13  Statutes, is amended to read:

14         97.053  Acceptance of voter registration

15  applications.--

16         (4)  The registration date for a valid initial voter

17  registration application that has been mailed and bears a

18  clear postmark is the date of the postmark. If an initial

19  voter registration application that has been mailed does not

20  bear a postmark or if the postmark is unclear, the

21  registration date is the date the registration is received by

22  any supervisor or the division, unless it is received within 5

23  days after the closing of the books for an election, excluding

24  Saturdays, Sundays, and legal holidays, in which case the

25  registration date is the book-closing date.

26         Section 5.  Subsection (3) of section 97.071, Florida

27  Statutes, is amended to read:

28         97.071  Registration identification card.--

29         (3)  In the case of a change of name, address, or party

30  affiliation, the supervisor must issue the voter a new

31  registration identification card. However, a registration

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  1  identification card indicating a party affiliation change made

  2  between the book-closing date for the first primary election

  3  and the date of the second primary election may not be issued

  4  until after the second primary election.

  5         Section 6.  Subsection (5) of section 98.065, Florida

  6  Statutes, is amended to read:

  7         98.065  Registration list maintenance programs.--

  8         (5)  The supervisor must designate as inactive all

  9  voters who have been sent an address confirmation final notice

10  and who have not returned the postage prepaid preaddressed

11  return form within 30 days. A voter on the inactive list must

12  be allowed to vote and to change the voter's name or address

13  of legal residence at the polls pursuant to s. 101.045. Names

14  on the inactive list may not be used to calculate the number

15  of signatures needed on any petition or the quantity of voting

16  equipment needed.

17         Section 7.  Subsections (1) and (3) of section 98.081,

18  Florida Statutes, are amended to read:

19         98.081  Names removed from registration books;

20  restrictions on reregistering; recordkeeping; restoration of

21  erroneously or illegally removed names.--

22         (1)  Any person who requested that his or her name be

23  removed from the registration books between the book-closing

24  date of the first primary and the date of the second primary

25  may not register in a different political party until after

26  the date of the second primary election.

27         (3)  When the name of any elector has been erroneously

28  or illegally removed from the registration books, the name of

29  the elector shall be restored by the supervisor upon

30  satisfactory proof, even though the registration period for

31  that election is closed.

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  1         Section 8.  Section 98.231, Florida Statutes, is

  2  amended to read:

  3         98.231  Supervisor of elections to furnish Department

  4  of State number of registered electors.--The supervisor of

  5  each county, not less than within 15 days after the closing of

  6  registration books prior to the election, shall, for the

  7  county and for each legislative and congressional district in

  8  which such county or any portion thereof is located, advise

  9  the Department of State of the total number of registered

10  electors of each political party in which any elector has

11  registered and the number of electors registered as

12  independents or without party affiliation.

13         Section 9.  Section 101.045, Florida Statutes, is

14  amended to read:

15         101.045  Electors must be registered in precinct;

16  provisions for residence or name change.--

17         (1)  No person shall be permitted to vote in any

18  election precinct or district other than the one in which the

19  person has his or her legal residence and in which the person

20  is registered. However, a person temporarily residing outside

21  the county shall be registered in the precinct in which the

22  main office of the supervisor, as designated by the

23  supervisor, is located when the person has no permanent

24  address in the county and it is the person's intention to

25  remain a resident of Florida and of the county in which he or

26  she is registered to vote. Such persons who are registered in

27  the precinct in which the main office of the supervisor, as

28  designated by the supervisor, is located and who are residing

29  outside the county with no permanent address in the county

30  shall not be registered electors of a municipality and

31

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  1  therefore shall not be permitted to vote in any municipal

  2  election.

  3         (2)(a)  An elector who moves from the precinct within

  4  the county in which the elector is registered may be permitted

  5  to vote in the precinct to which he or she has moved his or

  6  her legal residence, or provided such elector completes an

  7  affirmation in substantially the following form:

  8

  9             Change of Legal Residence of Registered

10                              Voter

11

12  Under penalties for false swearing, I, ...(Name of voter)...,

13  swear (or affirm) that the former address of my legal

14  residence was ...(Address of legal residence)... in the

15  municipality of ...., in .... County, Florida, and I was

16  registered to vote in the .... precinct of .... County,

17  Florida; that I have not voted in the precinct of my former

18  registration in this election; that I now reside at

19  ...(Address of legal residence)... in the Municipality of

20  ...., in .... County, Florida, and am therefore eligible to

21  vote in the .... precinct of .... County, Florida; and I

22  further swear (or affirm) that I am otherwise legally

23  registered and entitled to vote.

24

25     ...(Signature of voter whose address of legal residence has

26  changed)...

27

28         (b)  an elector whose name changes because of marriage

29  or other legal process may be permitted to vote, provided such

30  elector completes an affirmation in substantially the

31  following form:

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  1

  2                   Change of Name of Registered

  3                              Voter

  4

  5  Under penalties for false swearing, I, ...(New name of

  6  voter)..., swear (or affirm) that my name has been changed

  7  because of marriage or other legal process. My former name and

  8  address of legal residence appear on the registration books of

  9  precinct .... as follows:

10  Name..........................................................

11  Address.......................................................

12  Municipality..................................................

13  County........................................................

14  Florida, Zip..................................................

15  My present name and address of legal residence are as follows:

16  Name..........................................................

17  Address.......................................................

18  Municipality..................................................

19  County........................................................

20  Florida, Zip..................................................

21  and I further swear (or affirm) that I am otherwise legally

22  registered and entitled to vote.

23

24               ...(Signature of voter whose name has changed)...

25

26         (c)  Such affirmation, when completed and presented at

27  the precinct in which such elector is entitled to vote, shall

28  entitle such elector to vote as provided in this subsection.

29  Upon receipt of an affirmation certifying a change in address

30  of legal residence or name, the supervisor shall as soon as

31  practicable make the necessary changes in the registration

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  1  records of the county to indicate the change in address of

  2  legal residence or name of such elector.

  3         (d)  Instead of the affirmation contained in paragraph

  4  (a) or paragraph (b), an elector may complete a voter

  5  registration application that indicates the change of name or

  6  change of address of legal residence or change of name.

  7         (b)(e)  A request for an absentee ballot pursuant to s.

  8  101.62 which indicates that the elector has had a change of

  9  address of legal residence from that in the supervisor's

10  records shall be sufficient as the notice to the supervisor of

11  change of address of legal residence required by this section.

12  Upon receipt of such request for an absentee ballot from an

13  elector who has changed his or her address of legal residence,

14  the supervisor shall provide the elector with the proper

15  ballot for the precinct in which the elector then has his or

16  her legal residence.

17         (3)  When an elector's name does not appear on the

18  registration books or precinct register of the election

19  precinct in which the elector claims to be is registered and

20  when the elector cannot present a valid registration

21  identification card, the elector may have his or her name

22  restored by completing a voter registration application to

23  provide the required information indicating eligibility under

24  s. 97.041 if the supervisor is otherwise satisfied that the

25  elector is validly registered, that the elector's name has

26  been erroneously omitted from the books, and that the elector

27  is entitled to have his or her name restored. The supervisor,

28  if he or she is satisfied as to the elector's previous

29  registration, shall then allow such person to vote and shall

30  thereafter issue a duplicate registration identification card.

31

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

  2  Statutes, is amended to read:

  3         101.64  Delivery of absentee ballots; envelopes;

  4  form.--

  5         (1)  The supervisor shall enclose with each absentee

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

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

  8  mailing envelope, into which the absent elector shall then

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

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

11  substantially the following form:

12

13         Note:  Please Read Instructions Carefully Before

14        Marking Ballot and Completing Voter's Certificate.

15                       VOTER'S CERTIFICATE

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

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

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

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

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

21  $5,000 and/or imprisoned for up to 5 years.  I also understand

22  that failure to sign this certificate and have my signature

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

24  absentee ballot for one of the following reasons:

25

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

27  the polls.

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

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

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

31  machine custodian, a deputy sheriff, a supervisor of

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

  2  different precinct than that in which I am registered.

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

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

  5  primary election.

  6         5.  I have changed my permanent residency to another

  7  county in Florida within the time period during which the

  8  registration books are closed for the election.  I understand

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

10  offices and on statewide issues.

11         5.6.  I have changed my permanent residency to another

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

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

14  only for President and Vice President.

15         6.7.  I am unable to attend the polls on election day

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

17  under the supervision of, the county supervisor of elections.

18

19                                       ...(Voter's Signature)...

20

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

22  Note: Your Signature Must Be Witnessed By Either:

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

24  Instruction Sheet.

25

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

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

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

29  ........, ...(year)....

30                                   ...(Signature of Official)...

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

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

  2         Personally Known ........ OR Produced Identification

  3  ........

  4         Type of Identification Produced........................

  5

  6                                OR

  7

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

  9  State.

10

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

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

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

14  ballots for this election.

15

16  WITNESS:

17

18  ...(Signature of Witness)...

19                                 ...(Printed Name of Witness)...

20

21  ...(Voter I.D. Number of Witness and County of Registration)...

22

23  ...(Address)...

24                                              ...(City/State)...

25

26         Section 11.  Section 101.663, Florida Statutes, is

27  amended to read:

28         101.663  Electors; change of residence.--

29         (1)  An elector who changes his or her residence to

30  another county in Florida from the county in Florida in which

31  he or she is registered as an elector must register in the

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  1  county of his or her new residence prior to being allowed to

  2  vote in any election and may not vote, either in person or by

  3  absentee ballot, in the county of his or her former residence

  4  after the books in the county to which the elector has changed

  5  his or her residence are closed for any general, primary, or

  6  special election shall be permitted to vote absentee in the

  7  county of his or her former residence in that election for

  8  President and Vice President, United States Senator, statewide

  9  offices, and statewide issues.  Such person shall not be

10  permitted to vote in the county of the person's former

11  residence after the general election.

12         (2)  An elector registered in this state who moves his

13  or her permanent residence to another state and who is

14  prohibited by the laws of that state from voting for the

15  offices of President and Vice President of the United States

16  may shall be permitted to vote absentee in the county of his

17  or her former residence for those offices.

18         Section 12.  Subsection (1) of section 101.657, Florida

19  Statutes, is amended to read:

20         101.657  Voting absentee ballots in person; early

21  voting.--

22         (1)(a)  Notwithstanding s. 97.021(1), any qualified and

23  registered elector who is unable to attend the polls on

24  election day may pick up and vote an absentee ballot in person

25  at the office of, and under the supervision of, the supervisor

26  of elections.  Before receiving the ballot, the elector must

27  present a Florida driver's license, a Florida identification

28  card issued under s. 322.051, or another form of picture

29  identification approved by the Department of State.  If the

30  elector fails to furnish the required identification, or if

31  the supervisor is in doubt as to the identity of the elector,

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  1  the supervisor must follow the procedure prescribed in s.

  2  101.49.

  3         (b)  The office of the supervisor of elections and each

  4  branch office must be open from 9 a.m. until 5 p.m., using the

  5  customary time in standard use in the locality, on the

  6  Saturday prior to any statewide election or other election

  7  held in conjunction therewith, for the purpose of permitting

  8  any qualified and registered elector to cast an absentee

  9  ballot for that election on a day prior to the election that

10  is not a standard workday and that might, therefore, be more

11  convenient.  Notwithstanding s. 97.021(1), such electors shall

12  be considered absent electors voting in person as otherwise

13  authorized in this section.

14         Section 13.  Subsection (4) of section 97.057, Florida

15  Statutes, is amended to read:

16         97.057  Voter registration by the Department of Highway

17  Safety and Motor Vehicles.--

18         (4)  The Department of Highway Safety and Motor

19  Vehicles must forward completed voter registration

20  applications within 5 days after receipt to the supervisor of

21  the county where the office that processed or received that

22  application is located, and the supervisor shall provide the

23  office any assistance necessary to ensure the timely

24  forwarding of such applications.

25         Section 14.  Subsection (6) of section 97.058, Florida

26  Statutes, is amended to read:

27         97.058  Voter registration agencies.--

28         (6)  A voter registration agency must forward completed

29  voter registration applications within 5 days after receipt to

30  the supervisor of the county where the agency that processed

31  or received that application is located, and the supervisor

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  1  shall provide the office any assistance necessary to ensure

  2  the timely forwarding of such applications.

  3         Section 15.  Effective upon this act becoming a law,

  4  section 101.005, Florida Statutes, is created to read:

  5         101.005  Uniform statewide voting system and ballots.--

  6         (1)  Notwithstanding any other provision of law to the

  7  contrary, there shall be a uniform statewide voting system,

  8  beginning with the primary and general elections to be held in

  9  2004.  The uniform statewide voting system shall be the most

10  reliable, accurate, and secure marksense or optical scan

11  voting system using precinct tabulation which has been

12  certified by the department as of September 30, 2003; and such

13  system may be updated for subsequent elections as needed.

14         (2)  The ballots used by the uniform statewide voting

15  system shall be uniform, to the extent practicable, and must

16  be approved by the department prior to use in any election.

17         (3)  The department may adopt rules pursuant to ss.

18  120.536(1) and 120.54 necessary to implement this section and

19  to specify both the standards for the uniform statewide voting

20  system, including those relating to software, hardware,

21  accuracy, and security, and the requirements for the ballots

22  used by such system, including those relating to the order and

23  manner of arrangement of the names of candidates and issues in

24  order to ensure consistency and those relating to the

25  placement of the voting squares in order to eliminate

26  confusion as to which name or issue a square belongs.

27         Section 16.  Subsection (1) of section 102.111, Florida

28  Statutes, is amended to read:

29         102.111  Elections Canvassing Commission.--

30         (1)  Immediately after certification of any election by

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

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  1  the Department of State concerning the election of any federal

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

  3  the Director of the Division of Elections shall be the

  4  Elections Canvassing Commission.  The Elections Canvassing

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

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

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

  8  the event that any member of the Elections Canvassing

  9  Commission is unavailable to certify the returns of any

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

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

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

13  Department of State by the deadline set forth in s. 102.112(1)

14  5 p.m. of the seventh day following an election, all missing

15  returns counties shall be ignored, and the results shown by

16  the returns on file shall be certified.

17         Section 17.  Subsection (1) of section 102.112, Florida

18  Statutes, is amended to read:

19         102.112  Deadline for submission of county returns to

20  the Department of State; penalties.--

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

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

23  state officer with the Department of State immediately after

24  certification of the election results. Returns must be filed

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

26  general election and by 3 p.m. on the 3rd day following the

27  second primary. If the returns are not received by the

28  department by the time specified, such returns may be ignored

29  and the results on file at that time may be certified by the

30  department.

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  1         Section 18.  Subsection (4) of section 102.141, Florida

  2  Statutes, is amended to read:

  3         102.141  County canvassing board; duties.--

  4         (4)(a)1.  If the returns for any office reflect that a

  5  candidate for an office other than a statewide or multicounty

  6  office was defeated or eliminated by one-half of a percent or

  7  less of the votes cast for such office, that a candidate for

  8  retention to a judicial office was retained or not retained by

  9  one-half of a percent or less of the votes cast on the

10  question of retention, or that a measure appearing on the

11  ballot was approved or rejected by one-half of a percent or

12  less of the votes cast on such measure, the board responsible

13  for certifying the results of the vote on such race or measure

14  shall order a recount of the votes cast with respect to such

15  office or measure.

16         2.  If the returns reflect that a candidate for a

17  statewide or multicounty office was defeated or eliminated by

18  one-half of a percent or less of the votes cast for such

19  office, each board responsible for certifying the results of

20  the vote on such race shall order a manual recount of all

21  ballots cast for such office.

22         (b)  A recount need not be ordered with respect to the

23  returns for any office, however, if the candidate or

24  candidates defeated or eliminated from contention for such

25  office by one-half of a percent or less of the votes cast for

26  such office request in writing that a recount not be made.

27         (c)  Each canvassing board responsible for conducting a

28  recount other than a manual recount of all ballots shall

29  examine the counters on the machines or the tabulation of the

30  ballots cast in each precinct in which the office or issue

31  appeared on the ballot and determine whether the returns

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  1  correctly reflect the votes cast. If there is a discrepancy

  2  between the returns and the counters of the machines or the

  3  tabulation of the ballots cast, the counters of such machines

  4  or the tabulation of the ballots cast shall be presumed

  5  correct and such votes shall be canvassed accordingly.

  6         Section 19.  Section 102.166, Florida Statutes, is

  7  amended to read:

  8         102.166  Protest of election returns; procedure.--

  9         (1)(a)  Any candidate for nomination or election, or

10  any elector qualified to vote in the election related to such

11  candidacy, shall have the right to protest the returns of the

12  election as being erroneous by filing with the appropriate

13  canvassing board a sworn, written protest.

14         (b)(2)  Such protest shall be filed with the canvassing

15  board prior to the time the canvassing board certifies the

16  results for the office being protested or within 5 days after

17  midnight of the date the election is held, whichever occurs

18  later.

19         (2)(3)  Before canvassing the returns of the election,

20  the canvassing board shall:

21         (a)  When paper ballots are used, examine the

22  tabulation of the paper ballots cast.

23         (b)  When voting machines are used, examine the

24  counters on the machines of nonprinter machines or the

25  printer-pac on printer machines. If there is a discrepancy

26  between the returns and the counters of the machines or the

27  printer-pac, the counters of such machines or the printer-pac

28  shall be presumed correct.

29         (c)  When electronic or electromechanical equipment is

30  used, the canvassing board shall examine precinct records and

31  election returns. If there is a clerical error, such error

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  1  shall be corrected by the county canvassing board. If there is

  2  a discrepancy which could affect the outcome of an election,

  3  the canvassing board may recount the ballots on the automatic

  4  tabulating equipment.

  5         (3)(4)(a)  Any candidate whose name appeared on the

  6  ballot, any political committee that supports or opposes an

  7  issue which appeared on the ballot, or any political party

  8  whose candidates' names appeared on the ballot may file a

  9  written request with the county canvassing board for a manual

10  recount not otherwise required under s. 102.141(4). The

11  written request shall contain a statement of the reason the

12  manual recount is being requested.

13         (b)  Such request must be filed with the canvassing

14  board prior to the time the canvassing board certifies the

15  results for the office being protested or within 72 hours

16  after midnight of the date the election was held, whichever

17  occurs later.

18         (c)  The county canvassing board may authorize the a

19  manual recount. If the a manual recount is authorized, the

20  county canvassing board shall make a reasonable effort to

21  notify each candidate whose race is being recounted of the

22  time and place of such recount.

23         (d)  The manual recount must include at least three

24  precincts and at least 1 percent of the total votes cast for

25  such candidate or issue. In the event there are less than

26  three precincts involved in the election, all precincts shall

27  be counted. The person who requested the recount shall choose

28  three precincts to be recounted, and, if other precincts are

29  recounted, the county canvassing board shall select the

30  additional precincts.

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  1         (e)(5)  If the manual recount indicates an error in the

  2  vote tabulation which could affect the outcome of the

  3  election, the county canvassing board shall:

  4         1.(a)  Correct the error and recount the remaining

  5  precincts with the vote tabulation system;

  6         2.(b)  Request the Department of State to verify the

  7  tabulation software; or

  8         3.(c)  Manually recount all ballots.

  9         (f)  For purposes of this section:

10         1.  "Error in the vote tabulation" means a counting

11  error in which the vote tabulation system fails to count

12  properly marked marksense or properly punched punchcard

13  ballots.

14         2.  "Affect the outcome of the election" means to be of

15  a magnitude sufficient to make a difference as to which

16  candidate wins the election.

17         (4)(6)  Any manual recount under this section or s.

18  102.141(4) shall be open to the public.

19         (5)(7)  Procedures for a manual recount under this

20  section or s. 102.141(4) are as follows:

21         (a)  The county canvassing board shall appoint as many

22  counting teams of at least two electors as is necessary to

23  manually recount the ballots. A counting team must have, when

24  possible, members of at least two political parties. A

25  candidate involved in the race shall not be a member of the

26  counting team.

27         (b)  If a counting team is unable to determine a

28  voter's intent in casting a ballot, the ballot shall be

29  presented to the county canvassing board for it to determine

30  the voter's intent.

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  1         (6)(a)(8)  If the county canvassing board determines

  2  the need to verify the tabulation software, the county

  3  canvassing board shall request in writing that the Department

  4  of State verify the software.

  5         (b)(9)  When the Department of State verifies such

  6  software, the department shall:

  7         1.(a)  Compare the software used to tabulate the votes

  8  with the software filed with the Department of State pursuant

  9  to s. 101.5607; and

10         2.(b)  Check the election parameters.

11         (c)(10)  The Department of State shall respond to the

12  county canvassing board within 3 working days.

13         Section 20.  Section 102.1665, Florida Statutes, is

14  created to read:

15         102.1665  Standards for manual recount of punchcard

16  ballots.--

17         (1)(a)  Except as otherwise provided in subsection (2),

18  in any manual count conducted under this code or pursuant to

19  court order, a vote on a ballot on which a voter indicates a

20  vote by punching a hole in the ballot may not be counted

21  unless:

22         1.  At least two corners of the chad are detached;

23         2.  Light is visible through the hole;

24         3.  An indentation on the chad from the stylus or other

25  object is present and indicates a clearly ascertainable intent

26  of the voter to vote; or

27         4.  The chad reflects by other means a clearly

28  ascertainable intent of the voter to vote.

29         (b)  For purposes of this section, the term "chad"

30  means a small paper disk or square formed when a hole is

31  punched in a punchcard ballot.

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  1         (2)  Any clearly ascertainable intent of the voter on a

  2  punchcard ballot supersedes any provision of subsection (1)

  3  that would prevent the ballot from being counted.

  4         Section 21.  Except as otherwise provided herein, this

  5  act shall take effect January 1, 2002.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Creates the "Florida Fair Elections Act of 2001."
  4

  5    Eliminates the book-closing period for voter
      registration, and provides for registration and changes
  6    in registration at the polls on election day.

  7
      Requires the office of the supervisor of elections and
  8    each branch office to be open on the Saturday prior to
      any statewide election or other election held in
  9    conjunction therewith, for the purpose of allowing early
      in-person absentee voting for that election.
10

11    Requires supervisors of elections to provide assistance
      necessary to ensure the timely forwarding of completed
12    voter registration applications processed or received by
      the Department of Highway Safety and Motor Vehicles and
13    voter registration agencies.

14
      Provides for a uniform statewide voting system and
15    ballots, beginning with the primary and general elections
      to be held in 2004, and requires the voting system to be
16    a marksense or optical scan system with precinct
      tabulation.  Provides rulemaking authority to the
17    Department of State to implement and adopt standards for
      the system, including ballot requirements.
18

19    Provides that county returns submitted to the Department
      of State after the required deadline must be ignored and
20    the results shown by the returns on file certified.

21
      Requires a manual recount of all ballots in all counties
22    for any election in which a candidate for statewide or
      multidistrict office was defeated or eliminated by
23    one-half of a percent or less of the votes cast for such
      office.  Defines the terms "error in the vote tabulation"
24    and "affect the outcome of the election" for purposes of
      establishing the grounds for conducting a manual recount
25    that is not automatically required.  Requires all manual
      recounts to be open to the public and follow certain
26    procedures.  Provides standards for the manual recount of
      punchcard ballots.
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