House Bill hb0749

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    Florida House of Representatives - 2001                 HB 749

        By Representative Dockery






  1                      A bill to be entitled

  2         An act relating to absentee ballots; amending

  3         s. 101.62, F.S.; deleting the requirement that

  4         a person requesting an absentee ballot disclose

  5         his or her social security number and the last

  6         four digits of the elector's social security

  7         number; amending ss. 101.64 and 101.65, F.S.;

  8         revising the voter's certificate and the

  9         instructions to absent electors to delete the

10         requirement that an absent elector provide the

11         last four digits of the elector's social

12         security number; amending s. 101.68, F.S.;

13         deleting the requirement that the last four

14         digits of the elector's social security number

15         be provided for an absentee ballot to be

16         considered legal; providing an effective date.

17

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

19

20         Section 1.  Paragraph (b) of subsection (1) of section

21  101.62, Florida Statutes, is amended to read:

22         101.62  Request for absentee ballots.--

23         (1)

24         (b)  The supervisor may accept a written or telephonic

25  request for an absentee ballot from the elector, or, if

26  directly instructed by the elector, a member of the elector's

27  immediate family, or the elector's legal guardian. For

28  purposes of this section, the term "immediate family" has the

29  same meaning as specified in paragraph (4)(b).  The person

30  making the request must disclose:

31

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    Florida House of Representatives - 2001                 HB 749

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  1         1.  The name of the elector for whom the ballot is

  2  requested;

  3         2.  The elector's address;

  4         3.  The last four digits of the elector's social

  5  security number;

  6         3.4.  The registration number on the elector's

  7  registration identification card;

  8         4.5.  The requester's name;

  9         5.6.  The requester's address;

10         6.7.  The requester's social security number and, if

11  available, driver's license number, if available;

12         7.8.  The requester's relationship to the elector; and

13         8.9.  The requester's signature (written requests

14  only).

15         Section 2.  Subsection (1) of section 101.64, Florida

16  Statutes, is amended to read:

17         101.64  Delivery of absentee ballots; envelopes;

18  form.--

19         (1)  The supervisor shall enclose with each absentee

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

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

22  mailing envelope, into which the absent elector shall then

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

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

25  substantially the following form:

26

27         Note:  Please Read Instructions Carefully Before

28        Marking Ballot and Completing Voter's Certificate.

29                       VOTER'S CERTIFICATE

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

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

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    Florida House of Representatives - 2001                 HB 749

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

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

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

  4  $5,000 and/or imprisoned for up to 5 years.  I also understand

  5  that failure to sign this certificate and have my signature

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

  7  absentee ballot for one of the following reasons:

  8

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

10  the polls.

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

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

13         3.  I am 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 I am registered.

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

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

19  primary election.

20         5.  I have changed my permanent residency to another

21  county in Florida within the time period during which the

22  registration books are closed for the election.  I understand

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

24  offices and on statewide issues.

25         6.  I have changed my permanent residency to another

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

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

28  only for President and Vice President.

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

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

31  the supervision of, the county supervisor of elections.

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    Florida House of Representatives - 2001                 HB 749

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  1

  2                                       ...(Voter's Signature)...

  3

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

  5  Note: Your Signature Must Be Witnessed By Either:

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

  7  Instruction Sheet.

  8

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

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

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

12  ........, ...(year)....

13                                   ...(Signature of Official)...

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

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

16         Personally Known ........ OR Produced Identification

17  ........

18         Type of Identification Produced........................

19

20                                OR

21

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

23  State.

24

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

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

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

28  ballots for this election.

29

30  WITNESS:

31

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    Florida House of Representatives - 2001                 HB 749

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  1  ...(Signature of Witness)...

  2                                 ...(Printed Name of Witness)...

  3

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

  5

  6  ...(Address)...

  7                                              ...(City/State)...

  8

  9         Section 3.  Section 101.65, Florida Statutes, is

10  amended to read:

11         101.65  Instructions to absent electors.--The

12  supervisor shall enclose with each absentee ballot separate

13  printed instructions in substantially the following form:

14

15  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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

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

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

19  supervisor of elections of the county in which your precinct

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

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

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

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

24  or write.

25         3.  Place your marked ballot in the enclosed secrecy

26  envelope.

27         4.  Insert the secrecy envelope into the enclosed

28  mailing envelope which is addressed to the supervisor.

29         5.  Seal the mailing envelope and completely fill out

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

31

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    Florida House of Representatives - 2001                 HB 749

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

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

  3  (Voter's Signature), place the last four digits of your Social

  4  Security number in the space provided, and your ballot must be

  5  witnessed in either of the following manners:

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

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

  8  voter identification number, and county of registration on the

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

10  five ballots per election unless certified as an absentee

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

12  witness.

13         b.  Any notary or other officer entitled to administer

14  oaths or any Florida supervisor of elections or deputy

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

16  an attesting witness.

17         7.  Mail, deliver, or have delivered the completed

18  mailing envelope. Be sure there is sufficient postage if

19  mailed.

20         8.  FELONY NOTICE. It is a felony under Florida law to

21  accept any gift, payment, or gratuity in exchange for your

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

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

24  or under any other circumstances making your ballot false or

25  fraudulent.

26         Section 4.  Paragraph (c) of subsection (2) of section

27  101.68, Florida Statutes, is amended to read:

28         101.68  Canvassing of absentee ballot.--

29         (2)

30         (c)1.  The canvassing board shall, if the supervisor

31  has not already done so, compare the signature of the elector

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    Florida House of Representatives - 2001                 HB 749

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  1  on the voter's certificate with the signature of the elector

  2  in the registration books to see that the elector is duly

  3  registered in the county and to determine the legality of that

  4  absentee ballot. An absentee ballot shall be considered

  5  illegal if it does not include the signature and the last four

  6  digits of the social security number of the elector, as shown

  7  by the registration records, and either:

  8         a.  The subscription of a notary or officer defined in

  9  Item 6.b. of the instruction sheet, or

10         b.  The signature, printed name, address, voter

11  identification number, and county of registration of one

12  attesting witness, who is a registered voter in the state.

13

14  However, an absentee ballot shall not be considered illegal if

15  the signature of the elector or attesting witness does not

16  cross the seal of the mailing envelope or if the person

17  witnessing the ballot is in violation of s. 104.047(3). If the

18  canvassing board determines that any ballot is illegal, a

19  member of the board shall, without opening the envelope, mark

20  across the face of the envelope:  "rejected as illegal."  The

21  envelope and the ballot contained therein shall be preserved

22  in the manner that official ballots voted are preserved.

23         2.  If any elector or candidate present believes that

24  an absentee ballot is illegal due to a defect apparent on the

25  voter's certificate, he or she may, at any time before the

26  ballot is removed from the envelope, file with the canvassing

27  board a protest against the canvass of that ballot, specifying

28  the precinct, the ballot, and the reason he or she believes

29  the ballot to be illegal. A challenge based upon a defect in

30  the voter's certificate may not be accepted after the ballot

31  has been removed from the mailing envelope.

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    Florida House of Representatives - 2001                 HB 749

    578-139-01






  1         Section 5.  This act shall take effect January 1, 2002.

  2

  3            *****************************************

  4                          HOUSE SUMMARY

  5
      Deletes the requirement that a person requesting an
  6    absentee ballot disclose his or her social security
      number and the last four digits of the elector's social
  7    security number. Deletes the requirement that the absent
      elector provide the last four digits of his or her social
  8    security number on the absentee ballot in order for the
      ballot to be counted and considered legal.
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