House Bill hb1409

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    Florida House of Representatives - 2002                HB 1409

        By the Committee on Rules, Ethics & Elections and
    Representatives Goodlette, Green, Gannon, Hart, Simmons,
    Stansel, Ross, Cantens, Mahon, Smith, Joyner, Bean and Ryan




  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.0555, F.S.; requiring late registration to

  4         be done in the office of the supervisor of

  5         elections; amending s. 98.045, F.S.; including

  6         the statewide voter registration database in

  7         provisions governing the administration of

  8         voter registration; amending s. 98.0977, F.S.;

  9         revising provisions relating to accessing

10         agency data for the statewide voter

11         registration database; amending s. 98.0979,

12         F.S.; revising provisions for requesting and

13         furnishing voter registration information from

14         the statewide voter registration database;

15         amending s. 101.031, F.S.; revising the Voter's

16         Bill of Rights; amending s. 101.048, F.S.;

17         revising the procedure for canvassing

18         provisional ballots; revising the Provisional

19         Ballot Voter's Certificate; amending s.

20         101.151, F.S.; revising specifications for

21         ballots; creating s. 101.2512, F.S.; providing

22         requirements for the printing of candidates'

23         names on general election ballots; amending s.

24         101.5601, F.S.; revising a reference; amending

25         s. 101.5606, F.S.; revising requirements for

26         voting systems with respect to overvoted and

27         undervoted ballots; amending s. 101.5608, F.S.;

28         revising a reference; amending s. 101.5611,

29         F.S.; requiring direct voting instruction

30         instead of provision of a voting instruction

31         model; amending s. 101.5612, F.S.; revising

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  1         requirements for sample testing of electronic

  2         or electromechanical tabulation devices;

  3         correcting terminology; amending s. 101.5614,

  4         F.S.; revising provisions for duplicating

  5         defective ballots for purposes of tallying

  6         valid votes; clarifying the prohibition against

  7         releasing the results of an election prior to

  8         the closing of the polls; eliminating obsolete

  9         provisions; amending s. 101.595, F.S.; limiting

10         the information on voting problems that

11         supervisors of elections are required to report

12         to the Department of State following a general

13         election; amending s. 101.68, F.S.; clarifying

14         the prohibition against releasing the results

15         of a canvassing or processing of absentee

16         ballots prior to the closing of the polls;

17         amending s. 101.69, F.S.; revising requirements

18         for electors who have received absentee ballots

19         but desire to vote in person; amending s.

20         102.014, F.S.; revising minimum training

21         requirements for poll workers; amending s.

22         102.141, F.S.; revising times for canvassing

23         boards to submit unofficial returns to the

24         Department of State, including those submitted

25         after a recount has been conducted; providing

26         for the duplication of ballots that are damaged

27         and cannot be counted by the automatic

28         tabulating equipment during a recount;

29         eliminating obsolete provisions; amending s.

30         102.166, F.S.; revising the date by which a

31         request for a manual recount must be made;

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  1         requiring comparison of duplicate ballots with

  2         their original ballots during a manual recount;

  3         amending s. 46, ch. 2001-40, Laws of Florida;

  4         providing campaign finance reporting

  5         requirements preceding the 2002 primary

  6         election for candidates involved in public

  7         campaign financing races; amending s. 105.031,

  8         F.S.; providing an earlier qualifying period

  9         for candidates for judicial office; repealing

10         s. 101.22, F.S., relating to the voting

11         procedure for paper ballots; repealing s.

12         101.5615, F.S., relating to recounts and

13         election contests under the "Electronic Voting

14         Systems Act"; repealing s. 101.72, F.S.,

15         relating to voting booths and compartments;

16         providing effective dates.

17

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

19

20         Section 1.  Section 97.0555, Florida Statutes, is

21  amended to read:

22         97.0555  Late registration.--An individual or

23  accompanying family member who has been discharged or

24  separated from the uniformed services or the, Merchant Marine,

25  or from employment outside the territorial limits of the

26  United States, after the book-closing date for an election

27  pursuant to s. 97.055 and who is otherwise qualified, may

28  register to vote in such election until 5 p.m. on the Friday

29  before that election in the office of the supervisor of

30  elections. Such persons must produce sufficient documentation

31  showing evidence of qualifying for late registration pursuant

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  1  to this section. The Department of State shall adopt rules

  2  specifying documentation that is sufficient to determine

  3  eligibility.

  4         Section 2.  Subsections (1) and (3) of section 98.045,

  5  Florida Statutes, are amended to read:

  6         98.045  Administration of voter registration.--

  7         (1)  Each supervisor must ensure that any eligible

  8  applicant for voter registration is registered to vote. Once a

  9  voter is registered, the name of that voter may not be removed

10  from the registration books except at the written request of

11  the voter, by reason of the voter's conviction of a felony or

12  adjudication as mentally incapacitated with respect to voting,

13  by death of the voter, or pursuant to a registration list

14  maintenance program or other registration list maintenance

15  activity conducted pursuant to s. 98.065, or s. 98.075, or s.

16  98.0977.

17         (3)  Notwithstanding the provisions of ss. 98.095, and

18  98.097, and 98.0977 each supervisor shall maintain for at

19  least 2 years, and make available for public inspection and

20  copying, all records concerning implementation of registration

21  list maintenance programs and activities conducted pursuant to

22  ss. 98.065, and 98.075, and 98.0977. The records must include

23  lists of the name and address of each person to whom an

24  address confirmation final notice was sent and information as

25  to whether each such person responded to the mailing, but may

26  not include any information that is confidential or exempt

27  from public record requirements under this code.

28         Section 3.  Subsection (4) of section 98.0977, Florida

29  Statutes, is amended to read:

30         98.0977  Statewide voter registration database;

31  development and maintenance.--

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  1         (4)  To the maximum extent feasible, state and local

  2  government entities shall facilitate provision of information

  3  and access to data to the department Florida Association of

  4  Court Clerks in order to compare information in the statewide

  5  voter registration database with available information in

  6  other computer databases, including, but not limited to,

  7  databases that contain reliable criminal records and records

  8  of deceased persons. State and local governmental agencies

  9  that provide such data shall do so without charge if the

10  direct cost incurred by those agencies is not significant.

11         Section 4.  Paragraph (b) of subsection (1) of section

12  98.0979, Florida Statutes, is amended to read:

13         98.0979  Statewide voter registration database open to

14  inspection; copies.--

15         (1)

16         (b)  Within 15 days after a request for voter

17  registration information, the division or supervisor of

18  elections shall furnish any requested information, excluding

19  only a voter's signature, social security number, and such

20  other information that is by statute specifically made

21  confidential or is exempt from public records requirements.  A

22  request for county information must be made to the supervisor

23  of elections of that county, and a request for multicounty or

24  statewide information must be made to the division.  A

25  supervisor of elections is not responsible for providing any

26  information other than information from the supervisor's own

27  county.

28         Section 5.  Subsection (2) of section 101.031, Florida

29  Statutes, is amended to read:

30         101.031  Instructions for electors.--

31

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  1         (2)  The supervisor of elections in each county shall

  2  have posted at each polling place in the county the Voter's

  3  Bill of Rights and Responsibilities in the following form:

  4

  5                      VOTER'S BILL OF RIGHTS

  6

  7         Each registered voter in this state has the right to:

  8         1.  Vote and have his or her vote accurately counted.

  9         2.  Cast a vote if he or she is in line at the official

10  closing of when the polls in that county are closing.

11         3.  Ask for and receive assistance in voting.

12         4.  Receive up to two replacement ballots if he or she

13  makes a mistake prior to the ballot being cast.

14         5.  An explanation if his or her registration is in

15  question.

16         6.  If his or her registration is in question, cast a

17  provisional ballot.

18         7.  Prove his or her identity by signing an affidavit

19  if election officials doubt the voter's identity.

20         8.  Written instructions to use when voting, and, upon

21  request, oral instructions in voting from elections officers.

22         9.  Vote free from coercion or intimidation by

23  elections officers or any other person.

24         10.  Vote on a voting system that is in working

25  condition and that will allow votes to be accurately cast.

26

27                      VOTER RESPONSIBILITIES

28

29         Each registered voter in this state has the

30  responsibility to:

31         1.  Study and know candidates and issues.

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  1         2.  Keep his or her voter address current.

  2         3.  Know his or her precinct and its hours of

  3  operation.

  4         4.  Bring proper identification to the polling station.

  5         5.  Know how to operate voting equipment properly.

  6         6.  Treat precinct workers with courtesy.

  7         7.  Respect the privacy of other voters.

  8         8.  Report problems or violations of election law.

  9         9.  Ask questions when confused.

10         10.  Check his or her completed ballot for accuracy.

11         Section 6.  Subsections (2) and (3) of section 101.048,

12  Florida Statutes, are amended to read:

13         101.048  Provisional ballots.--

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

15  provisional ballot envelope to determine if the person voting

16  that ballot was entitled to vote at the precinct where the

17  person cast a vote in the election and that the person had not

18  already cast a ballot in the election.

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

20  registered and entitled to vote at the precinct where the

21  person cast a vote in the election, the canvassing board shall

22  compare the signature on the provisional ballot envelope with

23  the signature on the voter's registration and, if it matches,

24  shall count the ballot.

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

26  provisional ballot was not registered or entitled to vote at

27  the precinct where the person cast a vote in the election, the

28  provisional ballot shall not be counted and the ballot shall

29  remain in the envelope containing the Provisional Ballot

30  Voter's Certificate and Affirmation and the envelope shall be

31  marked "Rejected as Illegal."

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  1         (3)  The Provisional Ballot Voter's Certificate and

  2  Affirmation shall be in substantially the following form:

  3

  4  STATE OF FLORIDA

  5  COUNTY OF ....

  6

  7         I do solemnly swear (or affirm) that my name is ....;

  8  that my date of birth is ....; that I am registered to vote

  9  and at the time I registered I resided at ...., in the

10  municipality of ...., in .... County, Florida; that I am

11  registered in the .... Party; that I am a qualified voter of

12  the county; and that I have not voted in this election.  I

13  understand that if I commit any fraud in connection with

14  voting, vote a fraudulent ballot, or vote more than once in an

15  election, I can be convicted of a felony of the third degree

16  and fined up to $5,000 and/or imprisoned for up to 5 years.

17                                      ...(Signature of Voter)...

18                               ...(Current Residence Address)...

19                                 ...(Current Mailing Address)...

20                                   ...(City, State, Zip Code)...

21

22  Sworn to and subscribed before me this .... day of ........,

23  ...(year)....

24  ...(Clerk or Inspector of Election Official)...

25

26  Precinct # ....                Ballot Style/Party Issued: ....

27

28  Additional information may be provided to further assist the

29  supervisor of elections in determining eligibility. If known,

30  please provide the place and date that you registered to vote.

31

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  1         Section 7.  Paragraphs (a) and (c) of subsection (2) of

  2  section 101.151, Florida Statutes, are amended to read:

  3         101.151  Specifications for ballots.--

  4         (2)(a)  The ballot shall have headings under which

  5  shall appear the names of the offices and the names of the

  6  duly nominated candidates for the respective offices in the

  7  following order:  the heading "President and Vice President"

  8  and thereunder the names of the candidates for President and

  9  Vice President of the United States nominated by the political

10  party that received the highest vote for Governor in the last

11  general election of the Governor in this state.  Then shall

12  appear the names of other candidates for President and Vice

13  President of the United States who have been properly

14  nominated.  Votes cast for write-in candidates for President

15  and Vice President shall be counted as votes cast for the

16  presidential electors supporting such candidates.  Then shall

17  follow the heading "Congressional" and thereunder the offices

18  of United States Senator and Representative in Congress; then

19  the heading "State" and thereunder the offices of Governor and

20  Lieutenant Governor, Secretary of State, Attorney General,

21  Chief Financial Officer Comptroller, Treasurer, Commissioner

22  of Education, Commissioner of Agriculture, state attorney, and

23  public defender, together with the names of the candidates for

24  each office and the title of the office which they seek; then

25  the heading "Legislative" and thereunder the offices of state

26  senator and state representative; then the heading "County"

27  and thereunder clerk of the circuit court, clerk of the county

28  court (when authorized by law), sheriff, property appraiser,

29  tax collector, district superintendent of schools, and

30  supervisor of elections. Thereafter follows: members of the

31  board of county commissioners, and such other county and

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  1  district offices as are involved in the general election, in

  2  the order fixed by the Department of State, followed, in the

  3  year of their election, by "Party Offices," and thereunder the

  4  offices of state and county party executive committee members.

  5  In a general election, in addition to the names printed on the

  6  ballot, a blank space shall be provided under each heading for

  7  an office for which a write-in candidate has qualified. With

  8  respect to write-in candidates, if two or more candidates are

  9  seeking election to one office, only one blank space shall be

10  provided.

11         (c)  If in any election all the offices as set forth in

12  paragraph (a) are not involved, those offices not to be filled

13  shall be omitted and the remaining offices shall be arranged

14  on the ballot in the order named.

15         Section 8.  Section 101.2512, Florida Statutes, is

16  created to read:

17         101.2512  Candidates' names on general election

18  ballots.--

19         (1)  The supervisor of elections shall print on the

20  general election ballot the names of candidates nominated by

21  primary election or special primary election or the names of

22  candidates selected by the appropriate executive committee of

23  any political party pursuant to the requirements of this code.

24         (2)  In addition to the names printed on the ballot as

25  provided in subsection (1), the supervisor of elections shall

26  print on the general election ballot the names of each

27  nonpartisan candidate, minor party candidate, or candidate

28  with no party affiliation who has obtained a position on the

29  general election ballot in compliance with the requirements of

30  this code.

31

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  1         Section 9.  Section 101.5601, Florida Statutes, is

  2  amended to read:

  3         101.5601  Short title.--Sections 101.5601-101.5614 may

  4  be cited 101.5601 through 101.5615 shall be known as the

  5  "Electronic Voting Systems Act."

  6         Section 10.  Effective September 2, 2002, subsections

  7  (3) and (4) of section 101.5606, Florida Statutes, as amended

  8  by section 18 of chapter 2001-40, Laws of Florida, are amended

  9  to read:

10         101.5606  Requirements for approval of systems.--No

11  electronic or electromechanical voting system shall be

12  approved by the Department of State unless it is so

13  constructed that:

14         (3)  It immediately rejects The automatic tabulating

15  equipment shall be set to reject a ballot and provide the

16  elector an opportunity to correct the ballot where the number

17  of votes for an office or measure exceeds the number which the

18  voter is entitled to cast or where the tabulating equipment

19  reads the ballot as a ballot with no votes cast.

20         (4)  For systems using paper ballots, it accepts a

21  rejected ballot pursuant to subsection (3) if a voter chooses

22  to cast the ballot, but records no vote for any office that

23  has been overvoted or undervoted. For rejected ballots that

24  voters choose to cast, the automatic tabulating equipment will

25  be set to accept the ballot and reject all votes for any

26  office or measure when the number of votes therefor exceeds

27  the number which the voter is entitled to cast or when the

28  voter is not entitled to cast a vote for the office or

29  measure.

30         Section 11.  Paragraph (b) of subsection (2) of section

31  101.5608, Florida Statutes, is amended to read:

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  1         101.5608  Voting by electronic or electromechanical

  2  method; procedures.--

  3         (2)  When an electronic or electromechanical voting

  4  system utilizes a ballot card or paper ballot, the following

  5  procedures shall be followed:

  6         (b)  Any voter who spoils his or her ballot or makes an

  7  error may return the ballot to the election official and

  8  secure another ballot, except that in no case shall a voter be

  9  furnished more than three ballots. If the vote tabulation

10  device has rejected a ballot, the ballot shall be considered

11  spoiled and a new ballot shall be provided to the voter unless

12  the voter chooses to cast the rejected ballot. The election

13  official, without examining the original ballot, shall state

14  the possible reasons for the rejection and shall provide

15  instruction to direct the voter to the instruction model

16  provided at the precinct pursuant to s. 101.5611. A spoiled

17  ballot shall be preserved, without examination, in an envelope

18  provided for that purpose. The stub shall be removed from the

19  ballot and placed in an envelope.

20         Section 12.  Section 101.5611, Florida Statutes, is

21  amended to read:

22         101.5611  Instructions to electors.--

23         (1)  For the instruction of voters on election day, The

24  supervisor of elections shall provide instruction at each

25  polling place regarding one instruction model illustrating the

26  manner of voting with the system.  In instructing voters, no

27  precinct official may favor any political party, candidate, or

28  issue.  Such instruction Each such instruction model shall

29  show the arrangement of candidates party rows, office columns,

30  and questions to be voted on.  Additionally, the supervisor of

31  elections shall provide instruction on the proper method of

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  1  casting a ballot for the specific voting system utilized in

  2  that jurisdiction.  Such instruction model shall be provided

  3  located at a place which voters must pass to reach the

  4  official voting booth.

  5         (2)  Before entering the voting booth each voter shall

  6  be offered instruction in voting by use of the instruction

  7  model, and the voter shall be given ample opportunity to

  8  operate the model by himself or herself.  In instructing

  9  voters, no precinct official may show partiality to any

10  political party or candidate.

11         (2)(3)  The supervisor of elections shall have posted

12  at each polling place a notice that reads:  "A person who

13  commits or attempts to commit any fraud in connection with

14  voting, votes a fraudulent ballot, or votes more than once in

15  an election can be convicted of a felony of the third degree

16  and fined up to $5,000 and/or imprisoned for up to 5 years."

17         Section 13.  Paragraphs (a) and (d) of subsection (4)

18  of section 101.5612, Florida Statutes, are amended to read:

19         101.5612  Testing of tabulating equipment.--

20         (4)(a)1.  For electronic or electromechanical voting

21  systems configured to include electronic or electromechanical

22  tabulation devices which are distributed to the precincts, all

23  or a sample of the devices to be used in the election shall be

24  publicly tested.  If a sample is to be tested, the sample

25  shall consist of a random selection of at least 5 percent of

26  the devices for an optical scan system or 2 percent of the

27  devices for a touchscreen system or 10 of the devices for

28  either system, as applicable, whichever is greater.  The test

29  shall be conducted by processing a group of ballots, causing

30  the device to output results for the ballots processed, and

31  comparing the output of results to the results expected for

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  1  the ballots processed.  The group of ballots shall be produced

  2  so as to record a predetermined number of valid votes for each

  3  candidate and on each measure and to include for each office

  4  one or more ballots which have activated voting positions in

  5  excess of the number allowed by law in order to test the

  6  ability of the tabulating device to reject such votes.

  7         2.  If any tested tabulating device is found to have an

  8  error in tabulation, it shall be deemed unsatisfactory.  For

  9  each device deemed unsatisfactory, the canvassing board shall

10  take steps to determine the cause of the error, shall attempt

11  to identify and test other devices that could reasonably be

12  expected to have the same error, and shall test a number of

13  additional devices sufficient to determine that all devices

14  are satisfactory. Upon deeming any device unsatisfactory, the

15  canvassing board may require all devices to be tested or may

16  declare that all devices are unsatisfactory.

17         3.  If the operation or output of any tested tabulation

18  device, such as spelling or the order of candidates on a

19  report, is in error, such problem shall be reported to the

20  canvassing board.  The canvassing board shall then determine

21  if the reported problem warrants its deeming the device

22  unsatisfactory.

23         (d)  Any tabulating device deemed unsatisfactory shall

24  be recoded reprogrammed, repaired, or replaced and shall be

25  made available for retesting. Such device must be determined

26  by the canvassing board or its representative to be

27  satisfactory before it may be used in any election.  The

28  canvassing board or its representative shall announce at the

29  close of the first testing the date, place, and time that any

30  unsatisfactory device will be retested or may, at the option

31  of the board, notify by telephone each person who was present

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  1  at the first testing as to the date, place, and time that the

  2  retesting will occur.

  3         Section 14.  Subsections (5) and (9) of section

  4  101.5614, Florida Statutes, are amended to read:

  5         101.5614  Canvass of returns.--

  6         (5)  If any absentee ballot card of the type for which

  7  the offices and measures are not printed directly on the card

  8  is physically damaged or defective so that it cannot properly

  9  be counted by the automatic tabulating equipment, a true

10  duplicate copy shall be made of the damaged ballot card in the

11  presence of witnesses and substituted for the damaged ballot.

12  Likewise, a duplicate ballot card shall be made of an absentee

13  ballot containing an overvoted race or a marked absentee

14  ballot in which every race is undervoted which shall include

15  all valid votes as determined by the canvassing board based on

16  rules adopted by the division pursuant to s. 102.166(5). All

17  duplicate ballots shall be clearly labeled "duplicate," bear a

18  serial number which shall be recorded on the defective ballot,

19  and be counted in lieu of the defective ballot a defective

20  ballot which shall not include the invalid votes.  All

21  duplicate ballot cards shall be clearly labeled "duplicate,"

22  bear a serial number which shall be recorded on the damaged or

23  defective ballot card, and be counted in lieu of the damaged

24  or defective ballot.  If any ballot card of the type for which

25  offices and measures are printed directly on the card is

26  damaged or defective so that it cannot properly be counted by

27  the automatic tabulating equipment, a true duplicate copy may

28  be made of the damaged ballot card in the presence of

29  witnesses and in the manner set forth above, or the valid

30  votes on the damaged ballot card may be manually counted at

31  the counting center by the canvassing board, whichever

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  1  procedure is best suited to the system used. If any paper

  2  ballot is damaged or defective so that it cannot be counted

  3  properly by the automatic tabulating equipment, the ballot

  4  shall be counted manually at the counting center by the

  5  canvassing board.  The totals for all such ballots or ballot

  6  cards counted manually shall be added to the totals for the

  7  several precincts or election districts.  No vote shall be

  8  declared invalid or void if there is a clear indication on the

  9  ballot that the voter has made a definite choice as determined

10  by the canvassing board.  After duplicating a ballot has been

11  duplicated, the defective ballot shall be placed in an

12  envelope provided for that purpose, and the duplicate ballot

13  shall be tallied with the other ballots for that precinct.

14         (9)  Any supervisor of elections, deputy supervisor of

15  elections, canvassing board member, election board member, or

16  election employee who releases the results of any election

17  prior to the closing of the polls in that county on election

18  day commits a felony of the third degree, punishable as

19  provided in s. 775.082, s. 775.083, or s. 775.084.

20         Section 15.  Effective September 2, 2002, subsection

21  (1) of section 101.5614, Florida Statutes, as amended by

22  section 22 of chapter 2001-40, Laws of Florida, is amended to

23  read:

24         101.5614  Canvass of returns.--

25         (1)  In precincts in which an electronic or

26  electromechanical voting system is used, As soon as the polls

27  are closed, the election board shall secure the voting devices

28  against further voting. The election board shall thereafter,

29  open the ballot box in the presence of members of the public

30  desiring to witness the proceedings, verify and count the

31  number of voted ballots, unused ballots, provisional ballots,

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  1  and spoiled ballots to ascertain whether such number

  2  corresponds with the number of ballots issued by the

  3  supervisor. If there is a difference, this fact shall be

  4  reported in writing to the county canvassing board with the

  5  reasons therefor if known. The total number of voted ballots

  6  shall be entered on the forms provided. The proceedings of the

  7  election board at the precinct after the polls have closed

  8  shall be open to the public; however, no person except a

  9  member of the election board shall touch any ballot or ballot

10  container or interfere with or obstruct the orderly count of

11  the ballots.

12         Section 16.  Section 101.595, Florida Statutes, is

13  amended to read:

14         101.595  Analysis and reports of voting problems voter

15  error.--

16         (1)  No later than December 15 of each general election

17  year, the supervisor of elections in each county shall report

18  on voter errors to the Department of State the total number of

19  overvotes and undervotes in the first race appearing on the

20  ballot pursuant to s. 101.151(2), along with the likely

21  reasons for such overvotes and undervotes the errors and other

22  information as may be useful in evaluating the performance of

23  the voting system and identifying problems with ballot design

24  and instructions which may have contributed to voter

25  confusion.

26         (2)  The Department of State, upon receipt of such

27  information, shall prepare a public report on the performance

28  of each type of voting system.  The report must contain, but

29  is not limited to, the following information:

30

31

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  1         (a)  An identification of problems with the ballot

  2  design or instructions which may have contributed to voter

  3  confusion;

  4         (b)  An identification of voting system design

  5  problems; and

  6         (c)  Recommendations for correcting any problems

  7  identified.

  8         (3)  The Department of State shall submit the report to

  9  the Governor, the President of the Senate, and the Speaker of

10  the House of Representatives by January 31 of each year

11  following a general election.

12         Section 17.  Paragraph (a) of subsection (2) of section

13  101.68, Florida Statutes, is amended to read:

14         101.68  Canvassing of absentee ballot.--

15         (2)(a)  The county canvassing board may begin the

16  canvassing of absentee ballots at 7 a.m. on the fourth day

17  before the election, but not later than noon on the day

18  following the election. In addition, for any county using

19  electronic tabulating equipment, the processing of absentee

20  ballots through such tabulating equipment may begin at 7 a.m.

21  on the fourth day before the election. However,

22  notwithstanding any such authorization to begin canvassing or

23  otherwise processing absentee ballots early, no result shall

24  be released until after the closing of the polls in that

25  county on election day. Any supervisor of elections, deputy

26  supervisor of elections, canvassing board member, election

27  board member, or election employee who releases the results of

28  a canvassing or processing of absentee ballots prior to the

29  closing of the polls in that county on election day commits a

30  felony of the third degree, punishable as provided in s.

31  775.082, s. 775.083, or s. 775.084.

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  1         Section 18.  Section 101.69, Florida Statutes, is

  2  amended to read:

  3         101.69  Voting in person; return of absentee

  4  ballot.--The provisions of this code shall not be construed to

  5  prohibit any elector from voting in person at the elector's

  6  precinct on the day of an election notwithstanding that the

  7  elector has requested an absentee ballot for that election.

  8  An elector who has received an absentee ballot, but desires to

  9  vote in person, shall return the ballot, whether voted or not,

10  to the election board in the elector's precinct.  The returned

11  ballot shall be marked "canceled" by the board and placed with

12  other canceled ballots. However, if the elector does not is

13  unable to return the ballot and the election official:

14         (1)  Confirms that the supervisor has received the

15  elector's absentee ballot, the elector shall not be allowed to

16  vote in person.

17         (2)  Confirms that the supervisor has not received the

18  elector's absentee ballot, the elector shall be allowed to

19  vote in person as provided in this code.  The elector's

20  absentee ballot, if subsequently received, shall not be

21  counted and shall remain in the mailing envelope, and the

22  envelope shall be marked "Rejected as Illegal."

23         (3)  Cannot determine whether the supervisor has

24  received the elector's absentee ballot, the elector may vote a

25  provisional ballot as provided in s. 101.048.

26         Section 19.  Subsection (4) of section 102.014, Florida

27  Statutes, is amended to read:

28         102.014  Poll worker recruitment and training.--

29         (4)  Each supervisor of elections shall be responsible

30  for training inspectors and clerks, subject to the following

31  minimum requirements:

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  1         (a)  No clerk shall be entitled to work at the polls

  2  unless he or she has had a minimum of 3 6 hours of training

  3  prior to each election during a general election year, at

  4  least 2 hours of which must occur after June 1 of that year.

  5         (b)  No inspector shall work at the polls unless he or

  6  she has had a minimum of 2 3 hours of training prior to each

  7  election during a general election year, at least 1 hour of

  8  which must occur after June 1 of that year.

  9         (c)  For the purposes of this subsection, the first and

10  second primary elections shall be considered one election.

11         Section 20.  Subsection (2) of section 102.141, Florida

12  Statutes, reads, and subsections (4) and (6) of said section

13  are amended to read:

14         102.141  County canvassing board; duties.--

15         (2)  The county canvassing board shall meet in a

16  building accessible to the public in the county where the

17  election occurred at a time and place to be designated by the

18  supervisor of elections to publicly canvass the absentee

19  electors' ballots as provided for in s. 101.68 and provisional

20  ballots as provided by s. 101.048.  Public notice of the time

21  and place at which the county canvassing board shall meet to

22  canvass the absentee electors' ballots and provisional ballots

23  shall be given at least 48 hours prior thereto by publication

24  once in one or more newspapers of general circulation in the

25  county or, if there is no newspaper of general circulation in

26  the county, by posting such notice in at least four

27  conspicuous places in the county.  As soon as the absentee

28  electors' ballots and the provisional ballots are canvassed,

29  the board shall proceed to publicly canvass the vote given

30  each candidate, nominee, constitutional amendment, or other

31  measure submitted to the electorate of the county, as shown by

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  1  the returns then on file in the office of the supervisor of

  2  elections and the office of the county court judge.

  3         (4)  The canvassing board shall submit unofficial

  4  returns to the Department of State for each federal,

  5  statewide, state, or multicounty office or ballot measure no

  6  later than noon on the second day after any primary, general,

  7  special, or other election.  Such returns shall include the

  8  canvass of all ballots as required by subsection (2).

  9         (6)  If the unofficial returns reflect that a candidate

10  for any office was defeated or eliminated by one-half of a

11  percent or less of the votes cast for such office, that a

12  candidate for retention to a judicial office was retained or

13  not retained by one-half of a percent or less of the votes

14  cast on the question of retention, or that a measure appearing

15  on the ballot was approved or rejected by one-half of a

16  percent or less of the votes cast on such measure, the board

17  responsible for certifying the results of the vote on such

18  race or measure shall order a recount of the votes cast with

19  respect to such office or measure. A recount need not be

20  ordered with respect to the returns for any office, however,

21  if the candidate or candidates defeated or eliminated from

22  contention for such office by one-half of a percent or less of

23  the votes cast for such office request in writing that a

24  recount not be made.

25         (a)  In counties with voting systems that use ballot

26  cards or paper ballots, each canvassing board responsible for

27  conducting a recount shall put each ballot through the

28  automatic tabulating equipment for each precinct in which the

29  office or issue appeared on the ballot and determine whether

30  the returns correctly reflect the votes cast.  If any paper

31  ballot is physically damaged so that it cannot be properly

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  1  counted by the automatic tabulating equipment during the

  2  recount, a true duplicate shall be made of the damaged ballot

  3  pursuant to the procedures in s. 101.5614(5).  Immediately

  4  before the start of the recount and after completion of the

  5  count, a test of the tabulating equipment shall be conducted

  6  as provided in s. 101.5612.  If the test indicates no error,

  7  the recount tabulation of the ballots cast shall be presumed

  8  correct and such votes shall be canvassed accordingly.  If an

  9  error is detected, the cause therefor shall be ascertained and

10  corrected and the recount repeated, as necessary. The

11  canvassing board shall immediately report the error, along

12  with the cause of the error and the corrective measures being

13  taken, to the Department of State. No later than 11 days after

14  the election, the canvassing board shall file a separate

15  incident report with the Department of State, detailing the

16  resolution of the matter and identifying any measures that

17  will avoid a future recurrence of the error.

18         (b)  In counties with voting systems that do not use

19  ballot cards or paper ballots, each canvassing board

20  responsible for conducting a recount shall examine the

21  counters on the precinct tabulators to ensure that the total

22  of the returns on the precinct tabulators equals the overall

23  election return. If there is a discrepancy between the overall

24  election return and the counters of the precinct tabulators,

25  the counters of the precinct tabulators shall be presumed

26  correct and such votes shall be canvassed accordingly.

27         (c)  The canvassing board shall submit a second set of

28  unofficial returns to the Department of State for each

29  federal, statewide, state, or multicounty office or ballot

30  measure no later than noon on the third second day after any

31  election in which a recount was conducted pursuant to this

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  1  subsection.  If the canvassing board is unable to complete the

  2  recount prescribed in this subsection by the deadline, the

  3  second set of unofficial returns submitted by the canvassing

  4  board shall be identical to the initial unofficial returns and

  5  the submission shall also include a detailed explanation of

  6  why it was unable to timely complete the recount. However, the

  7  canvassing board shall complete the recount prescribed in this

  8  subsection, along with any manual recount prescribed in s.

  9  102.166, and certify election returns in accordance with the

10  requirements of this chapter.

11         Section 21.  Paragraph (a) of subsection (2) and

12  subsection (6) of section 102.166, Florida Statutes, are

13  amended to read:

14         102.166  Manual recounts.--

15         (2)(a)  If the second set of unofficial returns

16  pursuant to s. 102.141 indicates that a candidate for any

17  office was defeated or eliminated by between one-quarter and

18  one-half of a percent of the votes cast for such office, that

19  a candidate for retention to judicial office was retained or

20  not retained by between one-quarter and one-half of a percent

21  of the votes cast on the question of retention, or that a

22  measure appearing on the ballot was approved or rejected by

23  between one-quarter and one-half of a percent of the votes

24  cast on such measure, any such candidate, the political party

25  of such candidate, or any political committee that supports or

26  opposes such ballot measure is entitled to a manual recount of

27  the overvotes and undervotes cast in the entire geographic

28  jurisdiction of such office or ballot measure, provided that a

29  request for a manual recount is made by 5 p.m. on the third

30  second day after the election.

31         (6)  Procedures for a manual recount are as follows:

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

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

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

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

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

  6  counting team.

  7         (b)  Each duplicate ballot prepared pursuant to s.

  8  101.5614(5) or s. 102.141(6) shall be compared with the

  9  original ballot to ensure the correctness of the duplicate.

10         (c)(b)  If a counting team is unable to determine

11  whether the ballot contains a clear indication that the voter

12  has made a definite choice, the ballot shall be presented to

13  the county canvassing board for a determination.

14         (d)(c)  The Department of State shall adopt detailed

15  rules prescribing additional recount procedures for each

16  certified voting system which shall be uniform to the extent

17  practicable. The rules shall address, at a minimum, the

18  following areas:

19         1.  Security of ballots during the recount process;

20         2.  Time and place of recounts;

21         3.  Public observance of recounts;

22         4.  Objections to ballot determinations;

23         5.  Record of recount proceedings; and

24         6.  Procedures relating to candidate and petitioner

25  representatives.

26         Section 22.  Paragraph (b) of subsection (4) of section

27  46 of chapter 2001-40, Laws of Florida, is amended to read:

28         Section 46.

29         (4)

30         (b)  For the 2002 elections, following the last day of

31  qualifying for office, any statewide candidate who has

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  1  requested to receive contributions from the Election Campaign

  2  Financing Trust Fund or any statewide candidate in a race with

  3  a candidate who has requested to receive contributions from

  4  the trust fund shall file reports on the 4th, 11th, 18th,

  5  25th, and 32nd days immediately preceding the primary election

  6  and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd

  7  days prior to the general election.

  8         Section 23.  Subsection (1) of section 105.031, Florida

  9  Statutes, is amended to read:

10         105.031  Qualification; filing fee; candidate's oath;

11  items required to be filed.--

12         (1)  TIME OF QUALIFYING.--Except for candidates for

13  judicial office, nonpartisan candidates for multicounty office

14  shall qualify with the Division of Elections of the Department

15  of State and nonpartisan candidates for countywide or less

16  than countywide office shall qualify with the supervisor of

17  elections. Candidates for judicial office other than the

18  office of county court judge shall qualify with the Division

19  of Elections of the Department of State, and candidates for

20  the office of county court judge shall qualify with the

21  supervisor of elections of the county.  Candidates for

22  judicial office shall qualify no earlier than noon of the

23  120th day, and no later than noon of the 116th day, before the

24  first primary election.  Candidates for the office of school

25  board member shall qualify no earlier than noon of the 50th

26  day, and no later than noon of the 46th day, before the first

27  primary election.  Filing shall be on forms provided for that

28  purpose by the Division of Elections and furnished by the

29  appropriate qualifying officer. Any person seeking to qualify

30  by the alternative method, as set forth in s. 105.035, if the

31  person has submitted the necessary petitions by the required

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  1  deadline and is notified after the fifth day prior to the last

  2  day for qualifying that the required number of signatures has

  3  been obtained, shall be entitled to subscribe to the

  4  candidate's oath and file the qualifying papers at any time

  5  within 5 days from the date he or she is notified that the

  6  necessary number of signatures has been obtained.  Any person

  7  other than a write-in candidate who qualifies within the time

  8  prescribed in this subsection shall be entitled to have his or

  9  her name printed on the ballot.

10         Section 24.  Sections 101.22, 101.5615, and 101.72,

11  Florida Statutes, are repealed.

12         Section 25.  Except as otherwise provided herein, this

13  act shall take effect upon becoming a law.

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

  2                          HOUSE SUMMARY

  3
      Requires late registration to be done in the office of
  4    the supervisor of elections.  Includes the statewide
      voter registration database in provisions governing the
  5    administration of voter registration, and revises
      provisions for requesting and furnishing voter
  6    registration information from the statewide voter
      registration database.  Revises the Voter's Bill of
  7    Rights.  Revises the procedure for canvassing provisional
      ballots and the Provisional Ballot Voter's Certificate.
  8    Revises specifications for ballots.  Provides
      requirements for the printing of candidates' names on
  9    general election ballots.  Revises requirements for
      voting systems with respect to overvoted and undervoted
10    ballots.  Requires direct voting instruction instead of
      provision of a voting instruction model.  Revises
11    requirements for sample testing of electronic or
      electromechanical tabulation devices.  Revises provisions
12    for duplicating defective ballots for purposes of
      tallying valid votes.  Clarifies the prohibition against
13    releasing the results of an election prior to the closing
      of the polls.  Limits the information on voting problems
14    that supervisors of elections are required to report to
      the Department of State following a general election.
15    Revises requirements for electors who have received
      absentee ballots but desire to vote in person.  Revises
16    minimum training requirements for poll workers.  Revises
      times for canvassing boards to submit unofficial returns
17    to the Department of State, including those submitted
      after a recount has been conducted.  Provides for the
18    duplication of ballots that are damaged and cannot be
      counted by the automatic tabulating equipment during a
19    recount.  Revises the date by which a request for a
      manual recount must be made.  Requires comparison of
20    duplicate ballots with their original ballots during a
      manual recount.  Provides campaign finance reporting
21    requirements preceding the 2002 primary election for
      candidates involved in public campaign financing races.
22    Provides an earlier qualifying period for candidates for
      judicial office. Repeals provisions relating to the
23    voting procedure for paper ballots, to recounts and
      election contests under the "Electronic Voting Systems
24    Act," and to voting booths and compartments.  See bill
      for details.
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