House Bill hb0103

    Florida House of Representatives - 2002                 HB 103

        By Representative Smith






  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         101.048, F.S.; removing the requirement that a

  4         provisional ballot must be cast in the precinct

  5         of the voter's legal residence; clarifying that

  6         a provisional ballot must be cast in the county

  7         in which the voter claims to be registered;

  8         restricting the counting of votes on

  9         provisional ballots to only those races for

10         which the voter was entitled to vote; amending

11         s. 102.141, F.S.; specifying what constitutes

12         active participation in a campaign or candidacy

13         in an election being canvassed for purposes of

14         disqualification of a canvassing board member;

15         providing an effective date.

16  

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

18  

19         Section 1.  Subsections (1) and (2) of section 101.048,

20  Florida Statutes, are amended to read:

21         101.048  Provisional ballots.--

22         (1)  At all elections, a voter claiming to be properly

23  registered in the county and eligible to vote at the precinct

24  in the election, but whose eligibility cannot be determined,

25  shall be entitled to vote a provisional ballot in the county

26  in which the voter claims to be registered. Once voted, the

27  provisional ballot shall be placed in a secrecy envelope and

28  thereafter sealed in a provisional ballot envelope. The

29  provisional ballot shall be deposited in a ballot box. All

30  provisional ballots shall remain sealed in their envelopes for

31  return to the supervisor of elections.

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    Florida House of Representatives - 2002                 HB 103

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  1         (2)(a)  The county canvassing board shall examine each

  2  provisional ballot to determine if the person voting that

  3  ballot was entitled to vote at the precinct in the election

  4  and that the person had not already cast a ballot in the

  5  election.

  6         (b)1.  If it is determined that the person was

  7  registered and entitled to vote at the precinct in the

  8  election, the canvassing board shall compare the signature on

  9  the provisional ballot envelope with the signature on the

10  voter's registration and, if it matches, shall count the

11  ballot. The provisional ballot of a voter who is otherwise

12  entitled to vote shall not be rejected because the voter did

13  not cast his or her ballot in the precinct of his or her legal

14  residence. However, if the voter voted a ballot to which he or

15  she was not entitled, the canvassing board shall duplicate the

16  ballot for the races that the voter was entitled to vote in

17  the precinct of his or her legal residence and count the races

18  for which the voter was entitled to vote.

19         2.  If it is determined that the person voting the

20  provisional ballot was not registered or entitled to vote at

21  the precinct in the election, the provisional ballot shall not

22  be counted and the ballot shall remain in the envelope

23  containing the Provisional Ballot Voter's Certificate and the

24  envelope marked "Rejected as Illegal."

25         Section 2.  Subsection (1) of section 102.141, Florida

26  Statutes, is amended to read:

27         102.141  County canvassing board; duties.--

28         (1)(a)  The county canvassing board shall be composed

29  of the supervisor of elections; a county court judge, who

30  shall act as chair; and the chair of the board of county

31  commissioners. In the event any member of the county

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    Florida House of Representatives - 2002                 HB 103

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  1  canvassing board is unable to serve, is a candidate who has

  2  opposition in the election being canvassed, or is an active

  3  participant in the campaign or candidacy of any candidate who

  4  has opposition in the election being canvassed, such member

  5  shall be replaced as follows:

  6         1.(a)  If no county court judge is able to serve or if

  7  all are disqualified, the chief judge of the judicial circuit

  8  in which the county is located shall appoint as a substitute

  9  member a qualified elector of the county who is not a

10  candidate with opposition in the election being canvassed and

11  who is not an active participant in the campaign or candidacy

12  of any candidate with opposition in the election being

13  canvassed.  In such event, the members of the county

14  canvassing board shall meet and elect a chair.

15         2.(b)  If the supervisor of elections is unable to

16  serve or is disqualified, the chair of the board of county

17  commissioners shall appoint as a substitute member a member of

18  the board of county commissioners who is not a candidate with

19  opposition in the election being canvassed and who is not an

20  active participant in the campaign or candidacy of any

21  candidate with opposition in the election being canvassed.

22  The supervisor, however, shall act in an advisory capacity to

23  the canvassing board.

24         3.(c)  If the chair of the board of county

25  commissioners is unable to serve or is disqualified, the board

26  of county commissioners shall appoint as a substitute member

27  one of its members who is not a candidate with opposition in

28  the election being canvassed and who is not an active

29  participant in the campaign or candidacy of any candidate with

30  opposition in the election being canvassed.

31  

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    Florida House of Representatives - 2002                 HB 103

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  1         4.(d)  If a substitute member cannot be appointed as

  2  provided elsewhere in this paragraph subsection, the chief

  3  judge of the judicial circuit in which the county is located

  4  shall appoint as a substitute member a qualified elector of

  5  the county who is not a candidate with opposition in the

  6  election being canvassed and who is not an active participant

  7  in the campaign or candidacy of any candidate with opposition

  8  in the election being canvassed.

  9         (b)  For purposes of this subsection, a person shall be

10  considered an active participant in the campaign or candidacy

11  of a candidate who has opposition in the election being

12  canvassed if the person publicly supports or endorses such

13  candidate, campaigns for or on behalf of such candidate, or

14  makes a contribution to the campaign of such candidate.

15         Section 3.  This act shall take effect July 1, 2002.

16  

17            *****************************************

18                          HOUSE SUMMARY

19  
      Removes the requirement that a provisional ballot must be
20    cast in the precinct of the voter's legal residence,
      clarifies that a provisional ballot must be cast in the
21    county in which the voter claims to be registered, and
      restricts the counting of votes on provisional ballots to
22    only those races for which the voter was entitled to
      vote.  Specifies what constitutes active participation in
23    a campaign or candidacy in an election being canvassed
      for purposes of disqualification of a canvassing board
24    member.  See bill for details.

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