Senate Bill sb2270

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    Florida Senate - 2005                                  SB 2270

    By Senators Posey and Webster





    24-1351B-05

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         101.5614, F.S., relating to the canvas of

  4         returns; providing for automatic tabulation of

  5         early voted ballots; including early voted

  6         ballots within the official return of the

  7         election; requiring that the return record

  8         precinct results; amending ss. 101.64 and

  9         101.657, F.S., relating to absentee ballots and

10         early voting; requiring that the supervisor of

11         elections indicate on each ballot, secrecy

12         envelope, mailing envelope, or early voted

13         ballot the precinct of the voter; amending s.

14         101.68, F.S.; requiring that the absentee

15         ballots be combined with the tabulated votes of

16         each precinct and included in the total vote of

17         the county; providing an effective date.

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

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21         Section 1.  Subsections (7) and (8) of section

22  101.5614, Florida Statutes, are amended to read:

23         101.5614  Canvass of returns.--

24         (7)  Absentee ballots and early voted ballots may be

25  counted by automatic tabulating equipment if they have been

26  marked in a manner that which will enable them to be properly

27  counted by such equipment and aggregated with the results for

28  each precinct.

29         (8)  The return printed by the automatic tabulating

30  equipment, to which has been added the return of write-in,

31  absentee, early voted, and manually counted votes and votes

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    Florida Senate - 2005                                  SB 2270
    24-1351B-05




 1  from provisional ballots, shall constitute the official return

 2  of the election upon certification by the canvassing board. In

 3  addition to recording total results of the county, the return

 4  shall record results for each precinct. Precinct results need

 5  not distinguish among methods of voting but must record for

 6  each precinct the return tabulated at the precinct location to

 7  which has been added the return for that precinct of write-in,

 8  absentee, early voted, and manually counted votes and votes

 9  from provisional ballots. Upon completion of the count, the

10  returns shall be open to the public. A copy of the returns may

11  be posted at the central counting place or at the office of

12  the supervisor of elections in lieu of the posting of returns

13  at individual precincts.

14         Section 2.  Subsection (3) is added to section 101.64,

15  Florida Statutes, to read:

16         101.64  Delivery of absentee ballots; envelopes;

17  form.--

18         (3)  The supervisor shall mark, code, track, or

19  otherwise indicate on each ballot, secrecy envelope, or

20  mailing envelope the precinct of the absent elector.

21         Section 3.  Paragraph (a) of subsection (1) of section

22  101.657, Florida Statutes, is amended to read:

23         101.657  Early voting.--

24         (1)(a)  The supervisor of elections shall allow an

25  elector to vote early in the main or branch office of the

26  supervisor by depositing the voted ballot in a voting device

27  used by the supervisor to collect or tabulate ballots. The

28  supervisor shall mark, code, track, or otherwise indicate on

29  each early voted ballot the precinct to which the ballot

30  corresponds. In order for a branch office to be used for early

31  voting, it shall be a full-service facility of the supervisor

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    Florida Senate - 2005                                  SB 2270
    24-1351B-05




 1  and shall have been designated as such at least 1 year prior

 2  to the election. The supervisor may designate any city hall or

 3  public library as early voting sites; however, if so

 4  designated, the sites must be geographically located so as to

 5  provide all voters in the county an equal opportunity to cast

 6  a ballot, insofar as is practicable. The results or tabulation

 7  may not be made before the close of the polls on election day.

 8         Section 4.  Paragraph (d) of subsection (2) of section

 9  101.68, Florida Statutes, is amended to read:

10         101.68  Canvassing of absentee ballot.--

11         (2)

12         (d)  The canvassing board shall record the ballot upon

13  the proper record, unless the ballot has been previously

14  recorded by the supervisor. The mailing envelopes shall be

15  opened and the secrecy envelopes shall be mixed so as to make

16  it impossible to determine which secrecy envelope came out of

17  which signed mailing envelope; however, in any county in which

18  an electronic or electromechanical voting system is used, the

19  ballots may be sorted by ballot styles and the mailing

20  envelopes may be opened and the secrecy envelopes mixed

21  separately for each ballot style. The votes on absentee

22  ballots shall be combined with the tabulated votes for each

23  precinct and included in the total vote of the county.

24         Section 5.  This act shall take effect upon becoming a

25  law.

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    Florida Senate - 2005                                  SB 2270
    24-1351B-05




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 2                          SENATE SUMMARY

 3    Clarifies requirements governing early voted ballots to
      provide for automatic tabulation and include early voted
 4    ballots within the official return of the election.
      Requires that the results for each precinct be recorded
 5    in the return. Requires that the supervisor of elections
      indicate on each ballot, secrecy envelope, mailing
 6    envelope, or early voted ballot the precinct of the
      voter. (See bill for details.)
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