CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Goodlette offered the following:
12
13 Amendment (with title amendment)
14 Remove everything after the enacting clause
15
16 and insert:
17 Section 1. Section 97.0555, Florida Statutes, is
18 amended to read:
19 97.0555 Late registration.--An individual or
20 accompanying family member who has been discharged or
21 separated from the uniformed services or the, Merchant Marine,
22 or from employment outside the territorial limits of the
23 United States, after the book-closing date for an election
24 pursuant to s. 97.055 and who is otherwise qualified, may
25 register to vote in such election until 5 p.m. on the Friday
26 before that election in the office of the supervisor of
27 elections. Such persons must produce sufficient documentation
28 showing evidence of qualifying for late registration pursuant
29 to this section. The Department of State shall adopt rules
30 specifying documentation that is sufficient to determine
31 eligibility.
1
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 2. Subsections (1) and (3) of section 98.045,
2 Florida Statutes, are amended to read:
3 98.045 Administration of voter registration.--
4 (1) Each supervisor must ensure that any eligible
5 applicant for voter registration is registered to vote. Once a
6 voter is registered, the name of that voter may not be removed
7 from the registration books except at the written request of
8 the voter, by reason of the voter's conviction of a felony or
9 adjudication as mentally incapacitated with respect to voting,
10 by death of the voter, or pursuant to a registration list
11 maintenance program or other registration list maintenance
12 activity conducted pursuant to s. 98.065, or s. 98.075, or s.
13 98.0977.
14 (3) Notwithstanding the provisions of ss. 98.095, and
15 98.097, and 98.0977 each supervisor shall maintain for at
16 least 2 years, and make available for public inspection and
17 copying, all records concerning implementation of registration
18 list maintenance programs and activities conducted pursuant to
19 ss. 98.065, and 98.075, and 98.0977. The records must include
20 lists of the name and address of each person to whom an
21 address confirmation final notice was sent and information as
22 to whether each such person responded to the mailing, but may
23 not include any information that is confidential or exempt
24 from public record requirements under this code.
25 Section 3. Subsection (4) of section 98.0977, Florida
26 Statutes, is amended to read:
27 98.0977 Statewide voter registration database;
28 development and maintenance.--
29 (4) To the maximum extent feasible, state and local
30 government entities shall facilitate provision of information
31 and access to data to the department Florida Association of
2
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Court Clerks in order to compare information in the statewide
2 voter registration database with available information in
3 other computer databases, including, but not limited to,
4 databases that contain reliable criminal records and records
5 of deceased persons. State and local governmental agencies
6 that provide such data shall do so without charge if the
7 direct cost incurred by those agencies is not significant.
8 Section 4. Paragraph (b) of subsection (1) of section
9 98.0979, Florida Statutes, is amended to read:
10 98.0979 Statewide voter registration database open to
11 inspection; copies.--
12 (1)
13 (b) Within 15 days after a request for voter
14 registration information, the division or supervisor of
15 elections shall furnish any requested information, excluding
16 only a voter's signature, social security number, and such
17 other information that is by statute specifically made
18 confidential or is exempt from public records requirements. A
19 request for county information must be made to the supervisor
20 of elections of that county, and a request for multicounty or
21 statewide information must be made to the division. A
22 supervisor of elections is not responsible for providing any
23 information other than information from the supervisor's own
24 county.
25 Section 5. Subsection (2) of section 101.031, Florida
26 Statutes, is amended to read:
27 101.031 Instructions for electors.--
28 (2) The supervisor of elections in each county shall
29 have posted at each polling place in the county the Voter's
30 Bill of Rights and Responsibilities in the following form:
31
3
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 VOTER'S BILL OF RIGHTS
2
3 Each registered voter in this state has the right to:
4 1. Vote and have his or her vote accurately counted.
5 2. Cast a vote if he or she is in line at the official
6 closing of when the polls in that county are closing.
7 3. Ask for and receive assistance in voting.
8 4. Receive up to two replacement ballots if he or she
9 makes a mistake prior to the ballot being cast.
10 5. An explanation if his or her registration is in
11 question.
12 6. If his or her registration is in question, cast a
13 provisional ballot.
14 7. Prove his or her identity by signing an affidavit
15 if election officials doubt the voter's identity.
16 8. Written instructions to use when voting, and, upon
17 request, oral instructions in voting from elections officers.
18 9. Vote free from coercion or intimidation by
19 elections officers or any other person.
20 10. Vote on a voting system that is in working
21 condition and that will allow votes to be accurately cast.
22
23 VOTER RESPONSIBILITIES
24
25 Each registered voter in this state has the
26 responsibility to:
27 1. Study and know candidates and issues.
28 2. Keep his or her voter address current.
29 3. Know his or her precinct and its hours of
30 operation.
31 4. Bring proper identification to the polling station.
4
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 5. Know how to operate voting equipment properly.
2 6. Treat precinct workers with courtesy.
3 7. Respect the privacy of other voters.
4 8. Report problems or violations of election law.
5 9. Ask questions when confused.
6 10. Check his or her completed ballot for accuracy.
7 Section 6. Subsections (2) and (3) of section 101.048,
8 Florida Statutes, are amended to read:
9 101.048 Provisional ballots.--
10 (2)(a) The county canvassing board shall examine each
11 provisional ballot envelope to determine if the person voting
12 that ballot was entitled to vote at the precinct where the
13 person cast a vote in the election and that the person had not
14 already cast a ballot in the election.
15 (b)1. If it is determined that the person was
16 registered and entitled to vote at the precinct where the
17 person cast a vote in the election, the canvassing board shall
18 compare the signature on the provisional ballot envelope with
19 the signature on the voter's registration and, if it matches,
20 shall count the ballot.
21 2. If it is determined that the person voting the
22 provisional ballot was not registered or entitled to vote at
23 the precinct where the person cast a vote in the election, the
24 provisional ballot shall not be counted and the ballot shall
25 remain in the envelope containing the Provisional Ballot
26 Voter's Certificate and Affirmation and the envelope shall be
27 marked "Rejected as Illegal."
28 (3) The Provisional Ballot Voter's Certificate and
29 Affirmation shall be in substantially the following form:
30
31 STATE OF FLORIDA
5
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 COUNTY OF ....
2
3 I do solemnly swear (or affirm) that my name is ....;
4 that my date of birth is ....; that I am registered to vote
5 and at the time I registered I resided at ...., in the
6 municipality of ...., in .... County, Florida; that I am
7 registered in the .... Party; that I am a qualified voter of
8 the county; and that I have not voted in this election. I
9 understand that if I commit any fraud in connection with
10 voting, vote a fraudulent ballot, or vote more than once in an
11 election, I can be convicted of a felony of the third degree
12 and fined up to $5,000 and/or imprisoned for up to 5 years.
13 ...(Signature of Voter)...
14 ...(Current Residence Address)...
15 ...(Current Mailing Address)...
16 ...(City, State, Zip Code)...
17
18 Sworn to and subscribed before me this .... day of ........,
19 ...(year)....
20 ...(Clerk or Inspector of Election Official)...
21
22 Precinct # .... Ballot Style/Party Issued: ....
23
24 Additional information may be provided to further assist the
25 supervisor of elections in determining eligibility. If known,
26 please provide the place and date that you registered to vote.
27
28 Section 7. Paragraphs (a) and (c) of subsection (2) of
29 section 101.151, Florida Statutes, are amended to read:
30 101.151 Specifications for ballots.--
31 (2)(a) The ballot shall have headings under which
6
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall appear the names of the offices and the names of the
2 duly nominated candidates for the respective offices in the
3 following order: the heading "President and Vice President"
4 and thereunder the names of the candidates for President and
5 Vice President of the United States nominated by the political
6 party that received the highest vote for Governor in the last
7 general election of the Governor in this state. Then shall
8 appear the names of other candidates for President and Vice
9 President of the United States who have been properly
10 nominated. Votes cast for write-in candidates for President
11 and Vice President shall be counted as votes cast for the
12 presidential electors supporting such candidates. Then shall
13 follow the heading "Congressional" and thereunder the offices
14 of United States Senator and Representative in Congress; then
15 the heading "State" and thereunder the offices of Governor and
16 Lieutenant Governor, Secretary of State, Attorney General,
17 Chief Financial Officer Comptroller, Treasurer, Commissioner
18 of Education, Commissioner of Agriculture, state attorney, and
19 public defender, together with the names of the candidates for
20 each office and the title of the office which they seek; then
21 the heading "Legislative" and thereunder the offices of state
22 senator and state representative; then the heading "County"
23 and thereunder clerk of the circuit court, clerk of the county
24 court (when authorized by law), sheriff, property appraiser,
25 tax collector, district superintendent of schools, and
26 supervisor of elections. Thereafter follows: members of the
27 board of county commissioners, and such other county and
28 district offices as are involved in the general election, in
29 the order fixed by the Department of State, followed, in the
30 year of their election, by "Party Offices," and thereunder the
31 offices of state and county party executive committee members.
7
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 In a general election, in addition to the names printed on the
2 ballot, a blank space shall be provided under each heading for
3 an office for which a write-in candidate has qualified. With
4 respect to write-in candidates, if two or more candidates are
5 seeking election to one office, only one blank space shall be
6 provided.
7 (c) If in any election all the offices as set forth in
8 paragraph (a) are not involved, those offices not to be filled
9 shall be omitted and the remaining offices shall be arranged
10 on the ballot in the order named.
11 Section 8. Section 101.2512, Florida Statutes, is
12 created to read:
13 101.2512 Candidates' names on general election
14 ballots.--
15 (1) The supervisor of elections shall print on the
16 general election ballot the names of candidates nominated by
17 primary election or special primary election or the names of
18 candidates selected by the appropriate executive committee of
19 any political party pursuant to the requirements of this code.
20 (2) In addition to the names printed on the ballot as
21 provided in subsection (1), the supervisor of elections shall
22 print on the general election ballot the names of each
23 nonpartisan candidate, minor party candidate, or candidate
24 with no party affiliation who has obtained a position on the
25 general election ballot in compliance with the requirements of
26 this code.
27 Section 9. Section 101.5601, Florida Statutes, is
28 amended to read:
29 101.5601 Short title.--Sections 101.5601-101.5614 may
30 be cited 101.5601 through 101.5615 shall be known as the
31 "Electronic Voting Systems Act."
8
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 10. Effective September 2, 2002, subsections
2 (3) and (4) of section 101.5606, Florida Statutes, as amended
3 by section 18 of chapter 2001-40, Laws of Florida, are amended
4 to read:
5 101.5606 Requirements for approval of systems.--No
6 electronic or electromechanical voting system shall be
7 approved by the Department of State unless it is so
8 constructed that:
9 (3) It immediately rejects The automatic tabulating
10 equipment shall be set to reject a ballot and provide the
11 elector an opportunity to correct the ballot where the number
12 of votes for an office or measure exceeds the number which the
13 voter is entitled to cast or where the tabulating equipment
14 reads the ballot as a ballot with no votes cast.
15 (4) For systems using paper ballots, it accepts a
16 rejected ballot pursuant to subsection (3) if a voter chooses
17 to cast the ballot, but records no vote for any office that
18 has been overvoted or undervoted. For rejected ballots that
19 voters choose to cast, the automatic tabulating equipment will
20 be set to accept the ballot and reject all votes for any
21 office or measure when the number of votes therefor exceeds
22 the number which the voter is entitled to cast or when the
23 voter is not entitled to cast a vote for the office or
24 measure.
25 Section 11. Paragraph (b) of subsection (2) of section
26 101.5608, Florida Statutes, is amended to read:
27 101.5608 Voting by electronic or electromechanical
28 method; procedures.--
29 (2) When an electronic or electromechanical voting
30 system utilizes a ballot card or paper ballot, the following
31 procedures shall be followed:
9
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (b) Any voter who spoils his or her ballot or makes an
2 error may return the ballot to the election official and
3 secure another ballot, except that in no case shall a voter be
4 furnished more than three ballots. If the vote tabulation
5 device has rejected a ballot, the ballot shall be considered
6 spoiled and a new ballot shall be provided to the voter unless
7 the voter chooses to cast the rejected ballot. The election
8 official, without examining the original ballot, shall state
9 the possible reasons for the rejection and shall provide
10 instruction to direct the voter to the instruction model
11 provided at the precinct pursuant to s. 101.5611. A spoiled
12 ballot shall be preserved, without examination, in an envelope
13 provided for that purpose. The stub shall be removed from the
14 ballot and placed in an envelope.
15 Section 12. Section 101.5611, Florida Statutes, is
16 amended to read:
17 101.5611 Instructions to electors.--
18 (1) For the instruction of voters on election day, The
19 supervisor of elections shall provide instruction at each
20 polling place regarding one instruction model illustrating the
21 manner of voting with the system. In instructing voters, no
22 precinct official may favor any political party, candidate, or
23 issue. Such instruction Each such instruction model shall
24 show the arrangement of candidates party rows, office columns,
25 and questions to be voted on. Additionally, the supervisor of
26 elections shall provide instruction on the proper method of
27 casting a ballot for the specific voting system utilized in
28 that jurisdiction. Such instruction model shall be provided
29 located at a place which voters must pass to reach the
30 official voting booth.
31 (2) Before entering the voting booth each voter shall
10
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 be offered instruction in voting by use of the instruction
2 model, and the voter shall be given ample opportunity to
3 operate the model by himself or herself. In instructing
4 voters, no precinct official may show partiality to any
5 political party or candidate.
6 (2)(3) The supervisor of elections shall have posted
7 at each polling place a notice that reads: "A person who
8 commits or attempts to commit any fraud in connection with
9 voting, votes a fraudulent ballot, or votes more than once in
10 an election can be convicted of a felony of the third degree
11 and fined up to $5,000 and/or imprisoned for up to 5 years."
12 Section 13. Paragraphs (a) and (d) of subsection (4)
13 of section 101.5612, Florida Statutes, are amended to read:
14 101.5612 Testing of tabulating equipment.--
15 (4)(a)1. For electronic or electromechanical voting
16 systems configured to include electronic or electromechanical
17 tabulation devices which are distributed to the precincts, all
18 or a sample of the devices to be used in the election shall be
19 publicly tested. If a sample is to be tested, the sample
20 shall consist of a random selection of at least 5 percent of
21 the devices for an optical scan system or 2 percent of the
22 devices for a touchscreen system or 10 of the devices for
23 either system, as applicable, whichever is greater. The test
24 shall be conducted by processing a group of ballots, causing
25 the device to output results for the ballots processed, and
26 comparing the output of results to the results expected for
27 the ballots processed. The group of ballots shall be produced
28 so as to record a predetermined number of valid votes for each
29 candidate and on each measure and to include for each office
30 one or more ballots which have activated voting positions in
31 excess of the number allowed by law in order to test the
11
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 ability of the tabulating device to reject such votes.
2 2. If any tested tabulating device is found to have an
3 error in tabulation, it shall be deemed unsatisfactory. For
4 each device deemed unsatisfactory, the canvassing board shall
5 take steps to determine the cause of the error, shall attempt
6 to identify and test other devices that could reasonably be
7 expected to have the same error, and shall test a number of
8 additional devices sufficient to determine that all devices
9 are satisfactory. Upon deeming any device unsatisfactory, the
10 canvassing board may require all devices to be tested or may
11 declare that all devices are unsatisfactory.
12 3. If the operation or output of any tested tabulation
13 device, such as spelling or the order of candidates on a
14 report, is in error, such problem shall be reported to the
15 canvassing board. The canvassing board shall then determine
16 if the reported problem warrants its deeming the device
17 unsatisfactory.
18 (d) Any tabulating device deemed unsatisfactory shall
19 be recoded reprogrammed, repaired, or replaced and shall be
20 made available for retesting. Such device must be determined
21 by the canvassing board or its representative to be
22 satisfactory before it may be used in any election. The
23 canvassing board or its representative shall announce at the
24 close of the first testing the date, place, and time that any
25 unsatisfactory device will be retested or may, at the option
26 of the board, notify by telephone each person who was present
27 at the first testing as to the date, place, and time that the
28 retesting will occur.
29 Section 14. Subsections (5) and (9) of section
30 101.5614, Florida Statutes, are amended to read:
31 101.5614 Canvass of returns.--
12
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (5) If any absentee ballot card of the type for which
2 the offices and measures are not printed directly on the card
3 is physically damaged or defective so that it cannot properly
4 be counted by the automatic tabulating equipment, a true
5 duplicate copy shall be made of the damaged ballot card in the
6 presence of witnesses and substituted for the damaged ballot.
7 Likewise, a duplicate ballot card shall be made of an absentee
8 ballot containing an overvoted race or a marked absentee
9 ballot in which every race is undervoted which shall include
10 all valid votes as determined by the canvassing board based on
11 rules adopted by the division pursuant to s. 102.166(5). All
12 duplicate ballots shall be clearly labeled "duplicate," bear a
13 serial number which shall be recorded on the defective ballot,
14 and be counted in lieu of the defective ballot a defective
15 ballot which shall not include the invalid votes. All
16 duplicate ballot cards shall be clearly labeled "duplicate,"
17 bear a serial number which shall be recorded on the damaged or
18 defective ballot card, and be counted in lieu of the damaged
19 or defective ballot. If any ballot card of the type for which
20 offices and measures are printed directly on the card is
21 damaged or defective so that it cannot properly be counted by
22 the automatic tabulating equipment, a true duplicate copy may
23 be made of the damaged ballot card in the presence of
24 witnesses and in the manner set forth above, or the valid
25 votes on the damaged ballot card may be manually counted at
26 the counting center by the canvassing board, whichever
27 procedure is best suited to the system used. If any paper
28 ballot is damaged or defective so that it cannot be counted
29 properly by the automatic tabulating equipment, the ballot
30 shall be counted manually at the counting center by the
31 canvassing board. The totals for all such ballots or ballot
13
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 cards counted manually shall be added to the totals for the
2 several precincts or election districts. No vote shall be
3 declared invalid or void if there is a clear indication on the
4 ballot that the voter has made a definite choice as determined
5 by the canvassing board. After duplicating a ballot has been
6 duplicated, the defective ballot shall be placed in an
7 envelope provided for that purpose, and the duplicate ballot
8 shall be tallied with the other ballots for that precinct.
9 (9) Any supervisor of elections, deputy supervisor of
10 elections, canvassing board member, election board member, or
11 election employee who releases the results of any election
12 prior to the closing of the polls in that county on election
13 day commits a felony of the third degree, punishable as
14 provided in s. 775.082, s. 775.083, or s. 775.084.
15 Section 15. Effective September 2, 2002, subsection
16 (1) of section 101.5614, Florida Statutes, as amended by
17 section 22 of chapter 2001-40, Laws of Florida, is amended to
18 read:
19 101.5614 Canvass of returns.--
20 (1) In precincts in which an electronic or
21 electromechanical voting system is used, As soon as the polls
22 are closed, the election board shall secure the voting devices
23 against further voting. The election board shall thereafter,
24 open the ballot box in the presence of members of the public
25 desiring to witness the proceedings, verify and count the
26 number of voted ballots, unused ballots, provisional ballots,
27 and spoiled ballots to ascertain whether such number
28 corresponds with the number of ballots issued by the
29 supervisor. If there is a difference, this fact shall be
30 reported in writing to the county canvassing board with the
31 reasons therefor if known. The total number of voted ballots
14
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall be entered on the forms provided. The proceedings of the
2 election board at the precinct after the polls have closed
3 shall be open to the public; however, no person except a
4 member of the election board shall touch any ballot or ballot
5 container or interfere with or obstruct the orderly count of
6 the ballots.
7 Section 16. Section 101.595, Florida Statutes, is
8 amended to read:
9 101.595 Analysis and reports of voting problems voter
10 error.--
11 (1) No later than December 15 of each general election
12 year, the supervisor of elections in each county shall report
13 on voter errors to the Department of State the total number of
14 overvotes and undervotes in the first race appearing on the
15 ballot pursuant to s. 101.151(2), along with the likely
16 reasons for such overvotes and undervotes the errors and other
17 information as may be useful in evaluating the performance of
18 the voting system and identifying problems with ballot design
19 and instructions which may have contributed to voter
20 confusion.
21 (2) The Department of State, upon receipt of such
22 information, shall prepare a public report on the performance
23 of each type of voting system. The report must contain, but
24 is not limited to, the following information:
25 (a) An identification of problems with the ballot
26 design or instructions which may have contributed to voter
27 confusion;
28 (b) An identification of voting system design
29 problems; and
30 (c) Recommendations for correcting any problems
31 identified.
15
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (3) The Department of State shall submit the report to
2 the Governor, the President of the Senate, and the Speaker of
3 the House of Representatives by January 31 of each year
4 following a general election.
5 Section 17. Paragraph (a) of subsection (2) of section
6 101.68, Florida Statutes, is amended to read:
7 101.68 Canvassing of absentee ballot.--
8 (2)(a) The county canvassing board may begin the
9 canvassing of absentee ballots at 7 a.m. on the fourth day
10 before the election, but not later than noon on the day
11 following the election. In addition, for any county using
12 electronic tabulating equipment, the processing of absentee
13 ballots through such tabulating equipment may begin at 7 a.m.
14 on the fourth day before the election. However,
15 notwithstanding any such authorization to begin canvassing or
16 otherwise processing absentee ballots early, no result shall
17 be released until after the closing of the polls in that
18 county on election day. Any supervisor of elections, deputy
19 supervisor of elections, canvassing board member, election
20 board member, or election employee who releases the results of
21 a canvassing or processing of absentee ballots prior to the
22 closing of the polls in that county on election day commits a
23 felony of the third degree, punishable as provided in s.
24 775.082, s. 775.083, or s. 775.084.
25 Section 18. Section 101.69, Florida Statutes, is
26 amended to read:
27 101.69 Voting in person; return of absentee
28 ballot.--The provisions of this code shall not be construed to
29 prohibit any elector from voting in person at the elector's
30 precinct on the day of an election notwithstanding that the
31 elector has requested an absentee ballot for that election.
16
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 An elector who has received an absentee ballot, but desires to
2 vote in person, shall return the ballot, whether voted or not,
3 to the election board in the elector's precinct. The returned
4 ballot shall be marked "canceled" by the board and placed with
5 other canceled ballots. However, if the elector does not is
6 unable to return the ballot and the election official:
7 (1) Confirms that the supervisor has received the
8 elector's absentee ballot, the elector shall not be allowed to
9 vote in person.
10 (2) Confirms that the supervisor has not received the
11 elector's absentee ballot, the elector shall be allowed to
12 vote in person as provided in this code. The elector's
13 absentee ballot, if subsequently received, shall not be
14 counted and shall remain in the mailing envelope, and the
15 envelope shall be marked "Rejected as Illegal."
16 (3) Cannot determine whether the supervisor has
17 received the elector's absentee ballot, the elector may vote a
18 provisional ballot as provided in s. 101.048.
19 Section 19. Subsection (4) of section 102.014, Florida
20 Statutes, is amended to read:
21 102.014 Poll worker recruitment and training.--
22 (4) Each supervisor of elections shall be responsible
23 for training inspectors and clerks, subject to the following
24 minimum requirements:
25 (a) No clerk shall be entitled to work at the polls
26 unless he or she has had a minimum of 3 6 hours of training
27 prior to each election during a general election year, at
28 least 2 hours of which must occur after June 1 of that year.
29 (b) No inspector shall work at the polls unless he or
30 she has had a minimum of 2 3 hours of training prior to each
31 election during a general election year, at least 1 hour of
17
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 which must occur after June 1 of that year.
2 (c) For the purposes of this subsection, the first and
3 second primary elections shall be considered one election.
4 Section 20. Subsection (2) of section 102.141, Florida
5 Statutes, reads, and subsections (4) and (6) of said section
6 are amended to read:
7 102.141 County canvassing board; duties.--
8 (2) The county canvassing board shall meet in a
9 building accessible to the public in the county where the
10 election occurred at a time and place to be designated by the
11 supervisor of elections to publicly canvass the absentee
12 electors' ballots as provided for in s. 101.68 and provisional
13 ballots as provided by s. 101.048. Public notice of the time
14 and place at which the county canvassing board shall meet to
15 canvass the absentee electors' ballots and provisional ballots
16 shall be given at least 48 hours prior thereto by publication
17 once in one or more newspapers of general circulation in the
18 county or, if there is no newspaper of general circulation in
19 the county, by posting such notice in at least four
20 conspicuous places in the county. As soon as the absentee
21 electors' ballots and the provisional ballots are canvassed,
22 the board shall proceed to publicly canvass the vote given
23 each candidate, nominee, constitutional amendment, or other
24 measure submitted to the electorate of the county, as shown by
25 the returns then on file in the office of the supervisor of
26 elections and the office of the county court judge.
27 (4) The canvassing board shall submit unofficial
28 returns to the Department of State for each federal,
29 statewide, state, or multicounty office or ballot measure no
30 later than noon on the second day after any primary, general,
31 special, or other election. Such returns shall include the
18
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 canvass of all ballots as required by subsection (2).
2 (6) If the unofficial returns reflect that a candidate
3 for any office was defeated or eliminated by one-half of a
4 percent or less of the votes cast for such office, that a
5 candidate for retention to a judicial office was retained or
6 not retained by one-half of a percent or less of the votes
7 cast on the question of retention, or that a measure appearing
8 on the ballot was approved or rejected by one-half of a
9 percent or less of the votes cast on such measure, the board
10 responsible for certifying the results of the vote on such
11 race or measure shall order a recount of the votes cast with
12 respect to such office or measure. A recount need not be
13 ordered with respect to the returns for any office, however,
14 if the candidate or candidates defeated or eliminated from
15 contention for such office by one-half of a percent or less of
16 the votes cast for such office request in writing that a
17 recount not be made.
18 (a) In counties with voting systems that use ballot
19 cards or paper ballots, each canvassing board responsible for
20 conducting a recount shall put each ballot through the
21 automatic tabulating equipment for each precinct in which the
22 office or issue appeared on the ballot and determine whether
23 the returns correctly reflect the votes cast. If any paper
24 ballot is physically damaged so that it cannot be properly
25 counted by the automatic tabulating equipment during the
26 recount, a true duplicate shall be made of the damaged ballot
27 pursuant to the procedures in s. 101.5614(5). Immediately
28 before the start of the recount and after completion of the
29 count, a test of the tabulating equipment shall be conducted
30 as provided in s. 101.5612. If the test indicates no error,
31 the recount tabulation of the ballots cast shall be presumed
19
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 correct and such votes shall be canvassed accordingly. If an
2 error is detected, the cause therefor shall be ascertained and
3 corrected and the recount repeated, as necessary. The
4 canvassing board shall immediately report the error, along
5 with the cause of the error and the corrective measures being
6 taken, to the Department of State. No later than 11 days after
7 the election, the canvassing board shall file a separate
8 incident report with the Department of State, detailing the
9 resolution of the matter and identifying any measures that
10 will avoid a future recurrence of the error.
11 (b) In counties with voting systems that do not use
12 ballot cards or paper ballots, each canvassing board
13 responsible for conducting a recount shall examine the
14 counters on the precinct tabulators to ensure that the total
15 of the returns on the precinct tabulators equals the overall
16 election return. If there is a discrepancy between the overall
17 election return and the counters of the precinct tabulators,
18 the counters of the precinct tabulators shall be presumed
19 correct and such votes shall be canvassed accordingly.
20 (c) The canvassing board shall submit a second set of
21 unofficial returns to the Department of State for each
22 federal, statewide, state, or multicounty office or ballot
23 measure no later than noon on the third second day after any
24 election in which a recount was conducted pursuant to this
25 subsection. If the canvassing board is unable to complete the
26 recount prescribed in this subsection by the deadline, the
27 second set of unofficial returns submitted by the canvassing
28 board shall be identical to the initial unofficial returns and
29 the submission shall also include a detailed explanation of
30 why it was unable to timely complete the recount. However, the
31 canvassing board shall complete the recount prescribed in this
20
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 subsection, along with any manual recount prescribed in s.
2 102.166, and certify election returns in accordance with the
3 requirements of this chapter.
4 Section 21. Paragraph (a) of subsection (2) and
5 subsection (6) of section 102.166, Florida Statutes, are
6 amended to read:
7 102.166 Manual recounts.--
8 (2)(a) If the second set of unofficial returns
9 pursuant to s. 102.141 indicates that a candidate for any
10 office was defeated or eliminated by between one-quarter and
11 one-half of a percent of the votes cast for such office, that
12 a candidate for retention to judicial office was retained or
13 not retained by between one-quarter and one-half of a percent
14 of the votes cast on the question of retention, or that a
15 measure appearing on the ballot was approved or rejected by
16 between one-quarter and one-half of a percent of the votes
17 cast on such measure, any such candidate, the political party
18 of such candidate, or any political committee that supports or
19 opposes such ballot measure is entitled to a manual recount of
20 the overvotes and undervotes cast in the entire geographic
21 jurisdiction of such office or ballot measure, provided that a
22 request for a manual recount is made by 5 p.m. on the third
23 second day after the election.
24 (6) Procedures for a manual recount are as follows:
25 (a) The county canvassing board shall appoint as many
26 counting teams of at least two electors as is necessary to
27 manually recount the ballots. A counting team must have, when
28 possible, members of at least two political parties. A
29 candidate involved in the race shall not be a member of the
30 counting team.
31 (b) Each duplicate ballot prepared pursuant to s.
21
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 101.5614(5) or s. 102.141(6) shall be compared with the
2 original ballot to ensure the correctness of the duplicate.
3 (c)(b) If a counting team is unable to determine
4 whether the ballot contains a clear indication that the voter
5 has made a definite choice, the ballot shall be presented to
6 the county canvassing board for a determination.
7 (d)(c) The Department of State shall adopt detailed
8 rules prescribing additional recount procedures for each
9 certified voting system which shall be uniform to the extent
10 practicable. The rules shall address, at a minimum, the
11 following areas:
12 1. Security of ballots during the recount process;
13 2. Time and place of recounts;
14 3. Public observance of recounts;
15 4. Objections to ballot determinations;
16 5. Record of recount proceedings; and
17 6. Procedures relating to candidate and petitioner
18 representatives.
19 Section 22. Paragraph (b) of subsection (4) of section
20 46 of chapter 2001-40, Laws of Florida, is amended to read:
21 Section 46.
22 (4)
23 (b) For the 2002 elections, following the last day of
24 qualifying for office, any statewide candidate who has
25 requested to receive contributions from the Election Campaign
26 Financing Trust Fund or any statewide candidate in a race with
27 a candidate who has requested to receive contributions from
28 the trust fund shall file reports on the 4th, 11th, 18th,
29 25th, and 32nd days immediately preceding the primary election
30 and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd
31 days prior to the general election.
22
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 23. Subsection (1) of section 105.031, Florida
2 Statutes, is amended to read:
3 105.031 Qualification; filing fee; candidate's oath;
4 items required to be filed.--
5 (1) TIME OF QUALIFYING.--Except for candidates for
6 judicial office, nonpartisan candidates for multicounty office
7 shall qualify with the Division of Elections of the Department
8 of State and nonpartisan candidates for countywide or less
9 than countywide office shall qualify with the supervisor of
10 elections. Candidates for judicial office other than the
11 office of county court judge shall qualify with the Division
12 of Elections of the Department of State, and candidates for
13 the office of county court judge shall qualify with the
14 supervisor of elections of the county. Candidates for
15 judicial office shall qualify no earlier than noon of the
16 120th day, and no later than noon of the 116th day, before the
17 first primary election. Candidates for the office of school
18 board member shall qualify no earlier than noon of the 50th
19 day, and no later than noon of the 46th day, before the first
20 primary election. Filing shall be on forms provided for that
21 purpose by the Division of Elections and furnished by the
22 appropriate qualifying officer. Any person seeking to qualify
23 by the alternative method, as set forth in s. 105.035, if the
24 person has submitted the necessary petitions by the required
25 deadline and is notified after the fifth day prior to the last
26 day for qualifying that the required number of signatures has
27 been obtained, shall be entitled to subscribe to the
28 candidate's oath and file the qualifying papers at any time
29 within 5 days from the date he or she is notified that the
30 necessary number of signatures has been obtained. Any person
31 other than a write-in candidate who qualifies within the time
23
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 prescribed in this subsection shall be entitled to have his or
2 her name printed on the ballot.
3 Section 24. Sections 101.22, 101.5615, and 101.72,
4 Florida Statutes, are repealed.
5 Section 25. Except as otherwise provided herein, this
6 act shall take effect upon becoming a law.
7
8
9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 remove everything before the enacting clause
12
13 and insert:
14 A bill to be entitled
15 An act relating to elections; amending s.
16 97.0555, F.S.; requiring late registration to
17 be done in the office of the supervisor of
18 elections; amending s. 98.045, F.S.; including
19 the statewide voter registration database in
20 provisions governing the administration of
21 voter registration; amending s. 98.0977, F.S.;
22 revising provisions relating to accessing
23 agency data for the statewide voter
24 registration database; amending s. 98.0979,
25 F.S.; revising provisions for requesting and
26 furnishing voter registration information from
27 the statewide voter registration database;
28 amending s. 101.031, F.S.; revising the Voter's
29 Bill of Rights; amending s. 101.048, F.S.;
30 revising the procedure for canvassing
31 provisional ballots; revising the Provisional
24
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Ballot Voter's Certificate; amending s.
2 101.151, F.S.; revising specifications for
3 ballots; creating s. 101.2512, F.S.; providing
4 requirements for the printing of candidates'
5 names on general election ballots; amending s.
6 101.5601, F.S.; revising a reference; amending
7 s. 101.5606, F.S.; revising requirements for
8 voting systems with respect to overvoted and
9 undervoted ballots; amending s. 101.5608, F.S.;
10 revising a reference; amending s. 101.5611,
11 F.S.; requiring direct voting instruction
12 instead of provision of a voting instruction
13 model; amending s. 101.5612, F.S.; revising
14 requirements for sample testing of electronic
15 or electromechanical tabulation devices;
16 correcting terminology; amending s. 101.5614,
17 F.S.; revising provisions for duplicating
18 defective ballots for purposes of tallying
19 valid votes; clarifying the prohibition against
20 releasing the results of an election prior to
21 the closing of the polls; eliminating obsolete
22 provisions; amending s. 101.595, F.S.; limiting
23 the information on voting problems that
24 supervisors of elections are required to report
25 to the Department of State following a general
26 election; amending s. 101.68, F.S.; clarifying
27 the prohibition against releasing the results
28 of a canvassing or processing of absentee
29 ballots prior to the closing of the polls;
30 amending s. 101.69, F.S.; revising requirements
31 for electors who have received absentee ballots
25
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HOUSE AMENDMENT
Bill No. CS for SB 618, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 but desire to vote in person; amending s.
2 102.014, F.S.; revising minimum training
3 requirements for poll workers; amending s.
4 102.141, F.S.; revising times for canvassing
5 boards to submit unofficial returns to the
6 Department of State, including those submitted
7 after a recount has been conducted; providing
8 for the duplication of ballots that are damaged
9 and cannot be counted by the automatic
10 tabulating equipment during a recount;
11 eliminating obsolete provisions; amending s.
12 102.166, F.S.; revising the date by which a
13 request for a manual recount must be made;
14 requiring comparison of duplicate ballots with
15 their original ballots during a manual recount;
16 amending s. 46, ch. 2001-40, Laws of Florida;
17 providing campaign finance reporting
18 requirements preceding the 2002 primary
19 election for candidates involved in public
20 campaign financing races; amending s. 105.031,
21 F.S.; providing an earlier qualifying period
22 for candidates for judicial office; repealing
23 s. 101.22, F.S., relating to the voting
24 procedure for paper ballots; repealing s.
25 101.5615, F.S., relating to recounts and
26 election contests under the "Electronic Voting
27 Systems Act"; repealing s. 101.72, F.S.,
28 relating to voting booths and compartments;
29 providing effective dates.
30
31
26
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