Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2176
                        Barcode 031624
                            CHAMBER ACTION
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       04/26/2005 11:12 PM         .                    
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11  The Committee on Transportation and Economic Development
12  Appropriations (Hill) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 79, between lines 19 and 20,
16  
17  insert:  
18         Section 47.  Subsection (7) is added to section
19  101.6103, Florida Statutes, to read:
20         101.6103  Mail ballot election procedure.--
21         (7)  A ballot that otherwise satisfies the requirements
22  of subsection (5) shall be counted even if the elector dies
23  after mailing the ballot but before election day, as long as,
24  prior to the death of the voter, the ballot was:
25         (a)  Postmarked by the United States Postal Service;
26         (b)  Date-stamped with a verifiable tracking number by
27  common carrier; or
28         (c)  Already in the possession of the supervisor of
29  elections.
30         Section 48.  Subsection (1) and paragraph (c) of
31  subsection (2) of section 101.68, Florida Statutes, are
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    7:53 AM   04/25/05                           s2176c1c-ta01-c6d

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2176 Barcode 031624 1 amended to read: 2 101.68 Canvassing of absentee ballot.-- 3 (1) The supervisor of the county where the absent 4 elector resides shall receive the voted ballot, at which time 5 the supervisor shall compare the signature of the elector on 6 the voter's certificate with the signature of the elector in 7 the registration books to determine whether the elector is 8 duly registered in the county and may record on the elector's 9 registration certificate that the elector has voted. However, 10 an elector who dies after casting an absentee ballot but on or 11 before election day shall remain listed in the registration 12 books until the results have been certified for the election 13 in which the ballot was cast. The supervisor shall safely keep 14 the ballot unopened in his or her office until the county 15 canvassing board canvasses the vote. 16 (2) 17 (c)1. The canvassing board shall, if the supervisor 18 has not already done so, compare the signature of the elector 19 on the voter's certificate with the signature of the elector 20 in the registration books to see that the elector is duly 21 registered in the county and to determine the legality of that 22 absentee ballot. The ballot of an elector who casts an 23 absentee ballot shall be counted even if the elector dies on 24 or before election day, as long as, prior to the death of the 25 voter, the ballot was postmarked by the United States Postal 26 Service, date-stamped with a verifiable tracking number by 27 common carrier, or already in the possession of the supervisor 28 of elections. An absentee ballot shall be considered illegal 29 if it does not include the signature of the elector, as shown 30 by the registration records. However, an absentee ballot shall 31 not be considered illegal if the signature of the elector does 2 7:53 AM 04/25/05 s2176c1c-ta01-c6d
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2176 Barcode 031624 1 not cross the seal of the mailing envelope. If the canvassing 2 board determines that any ballot is illegal, a member of the 3 board shall, without opening the envelope, mark across the 4 face of the envelope: "rejected as illegal." The envelope and 5 the ballot contained therein shall be preserved in the manner 6 that official ballots voted are preserved. 7 2. If any elector or candidate present believes that 8 an absentee ballot is illegal due to a defect apparent on the 9 voter's certificate, he or she may, at any time before the 10 ballot is removed from the envelope, file with the canvassing 11 board a protest against the canvass of that ballot, specifying 12 the precinct, the ballot, and the reason he or she believes 13 the ballot to be illegal. A challenge based upon a defect in 14 the voter's certificate may not be accepted after the ballot 15 has been removed from the mailing envelope. 16 17 (Redesignate subsequent sections.) 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 On page 7, line 11, after the semicolon, 23 24 insert: 25 amending s. 101.6103, F.S.; requiring that a 26 mail ballot that otherwise satisfies the 27 requirements of law for mail ballots be counted 28 even if the elector dies after mailing the 29 ballot but before election day if certain 30 conditions are met; amending s. 101.68, F.S.; 31 providing that electors who die on or before 3 7:53 AM 04/25/05 s2176c1c-ta01-c6d
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2176 Barcode 031624 1 election day and have cast an absentee ballot 2 shall remain on the voter registration books 3 until the election is certified; providing that 4 the ballot of an elector who casts an absentee 5 ballot shall be counted even if the elector 6 dies on or before election day if certain 7 conditions are met; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 7:53 AM 04/25/05 s2176c1c-ta01-c6d