Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2086
                        Barcode 162366
                            CHAMBER ACTION
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11  The Committee on Judiciary (Campbell) recommended the
12  following amendment to amendment (912202):
13  
14         Senate Amendment (with title amendment) 
15         On page 77, lines 13-27, delete those lines
16  
17  and insert:  
18         Section 48.  Subsection (1) and paragraph (c) of
19  subsection (2) of section 101.68, Florida Statutes, are
20  amended to read:
21         101.68  Canvassing of absentee ballot.--
22         (1)  The supervisor of the county where the absent
23  elector resides shall receive the voted ballot, at which time
24  the supervisor shall compare the signature of the elector on
25  the voter's certificate with the signature of the elector in
26  the registration books to determine whether the elector is
27  duly registered in the county and may record on the elector's
28  registration certificate that the elector has voted. However,
29  effective July 1, 2005, an elector who dies after casting an
30  absentee ballot but on or before election day shall remain
31  listed in the registration books until the results have been
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    7:26 PM   04/25/05                           s2086c1c-ju32-z4c

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 162366 1 certified for the election in which the ballot was cast. The 2 supervisor shall safely keep the ballot unopened in his or her 3 office until the county canvassing board canvasses the vote. 4 After an absentee ballot is received by the supervisor, the 5 ballot is deemed to have been cast, and changes or additions 6 may not be made to the voter's certificate. 7 (2) 8 (c)1. The canvassing board shall, if the supervisor 9 has not already done so, compare the signature of the elector 10 on the voter's certificate with the signature of the elector 11 in the registration books to see that the elector is duly 12 registered in the county and to determine the legality of that 13 absentee ballot. Effective July 1, 2005, the ballot of an 14 elector who casts an absentee ballot shall be counted even if 15 the elector dies on or before election day, as long as, prior 16 to the death of the voter, the ballot was postmarked by the 17 United States Postal Service, date-stamped with a verifiable 18 tracking number by common carrier, or already in the 19 possession of the supervisor of elections. An absentee ballot 20 shall be considered illegal if it does not include the 21 signature of the elector, as shown by the registration 22 records. However, an absentee ballot shall not be considered 23 illegal if the signature of the elector does not cross the 24 seal of the mailing envelope. If the canvassing board 25 determines that any ballot is illegal, a member of the board 26 shall, without opening the envelope, mark across the face of 27 the envelope: "rejected as illegal." The envelope and the 28 ballot contained therein shall be preserved in the manner that 29 official ballots voted are preserved. 30 2. If any elector or candidate present believes that 31 an absentee ballot is illegal due to a defect apparent on the 2 7:26 PM 04/25/05 s2086c1c-ju32-z4c
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 162366 1 voter's certificate, he or she may, at any time before the 2 ballot is removed from the envelope, file with the canvassing 3 board a protest against the canvass of that ballot, specifying 4 the precinct, the ballot, and the reason he or she believes 5 the ballot to be illegal. A challenge based upon a defect in 6 the voter's certificate may not be accepted after the ballot 7 has been removed from the mailing envelope. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 133, line 9, after the first semicolon, 13 14 insert: 15 providing that electors who die on or before 16 election day and have cast an absentee ballot 17 shall remain on the voter registration books 18 until the election is certified; providing that 19 the ballot of an elector who casts an absentee 20 ballot shall be counted even if the elector 21 dies on or before election day if certain 22 conditions are met; 23 24 25 26 27 28 29 30 31 3 7:26 PM 04/25/05 s2086c1c-ju32-z4c