HB 0759 2004
1	A bill to be entitled
2	An act relating to absentee ballots; amending s. 101.62,
3	F.S.; revising a restriction on what can be mailed or
4	delivered with an absentee ballot; amending s. 101.64,
5	F.S.; requiring the supervisor of elections to include an
6	absentee ballot receipt acknowledgment card with the
7	absentee ballot; providing for instructions and
8	applicability; amending s. 101.67, F.S.; requiring the
9	supervisor of elections, upon receipt of an envelope
10	containing the marked ballot of an absent elector, to mail
11	to that elector an acknowledgment of receipt of that
12	ballot; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Subsection (6) of section 101.62, Florida
17	Statutes, is amended to read:
18	101.62 Request for absentee ballots.--
19	(6) Nothing other than the materials required under the
20	Florida Election Code or otherwisenecessary to vote absentee
21	shall be mailed or delivered with any absentee ballot.
22	Section 2. Section 101.64, Florida Statutes, is amended to
23	read:
24	101.64 Delivery of absentee ballots; envelopes; form;
25	absentee ballot receipt acknowledgment card.--
26	(1)(a)The supervisor shall enclose with each absentee
27	ballot two envelopes: a secrecy envelope, into which the absent
28	elector shall enclose his or her marked ballot; and a mailing
29	envelope, into which the absent elector shall then place the
30	secrecy envelope, which shall be addressed to the supervisor and
31	also bear on the back side a certificate in substantially the
32	following form:
33
34	Note: Please Read Instructions Carefully Before
35	Marking Ballot and Completing Voter's Certificate.
36
37	VOTER'S CERTIFICATE
38	I, _____, do solemnly swear or affirm that I am a qualified
39	and registered voter of _____ County, Florida, and that I have
40	not and will not vote more than one ballot in this election. I
41	understand that if I commit or attempt to commit any fraud in
42	connection with voting, vote a fraudulent ballot, or vote more
43	than once in an election, I can be convicted of a felony of the
44	third degree and fined up to $5,000 and/or imprisoned for up to
45	5 years. I also understand that failure to sign this certificate
46	and have my signature properly witnessed will invalidate my
47	ballot.
48
49	... (Date) ...... (Voter's Signature) ...
50
51	Note: Your Signature Must Be Witnessed By One Witness 18 Years
52	of Age or Older as provided in the Instruction Sheet.
53
54	I swear or affirm that the voter signed this Voter's Certificate
55	in my presence.
56
57	... (Signature of Witness) ...
58
59	... (Address) ...
60	... (City/State) ...
61
62	(b)(2)The certificate shall be arranged on the back of
63	the mailing envelope so that the lines for the signatures of the
64	absent elector and the attesting witness are across the seal of
65	the envelope; however, no statement shall appear on the envelope
66	which indicates that a signature of the voter or witness must
67	cross the seal of the envelope. The absent elector and the
68	attesting witness shall execute the certificate on the envelope.
69	(2) The supervisor shall also enclose with each absentee
70	ballot an absentee ballot receipt acknowledgment card. Such card
71	shall be preaddressed to the office of the supervisor, with
72	postage prepaid, and shall instruct the absent elector to sign
73	the card and mail it back to the supervisor if the absent
74	elector desires to have receipt of his or her absentee ballot
75	acknowledged. An absent elector is not required to return an
76	absentee ballot receipt acknowledgment card, and failure to
77	return such card does not affect the validity of any absentee
78	ballot submitted by the absent elector.
79	Section 3. Section 101.67, Florida Statutes, is amended to
80	read:
81	101.67 Acknowledgment of receipt of absentee ballots;
82	safekeeping of absentee mailedballots; deadline for receiving
83	absentee ballots.--
84	(1) Upon receipt of any envelope containing the marked
85	ballot of an absent elector, the supervisor of elections shall
86	mail an acknowledgment of receipt of that ballot to the elector
87	at the elector's current mailing address on file with the
88	supervisor or at any other address the elector has specified in
89	his or her request for the absentee ballot.
90	(2)(1)The supervisor of elections shall safely keep in
91	his or her office any envelopes received containing marked
92	ballots of absent electors, and he or she shall, before the
93	canvassing of the election returns, deliver the envelopes to the
94	county canvassing board along with his or her file or list kept
95	regarding said ballots.
96	(3)(2)All marked absent electors' ballots to be counted
97	must be received by the supervisor by 7 p.m. the day of the
98	election. All ballots received thereafter shall be marked with
99	the time and date of receipt and filed in the supervisor's
100	office.
101	Section 4. This act shall take effect July 1, 2004.