Senate Bill sb0506c1

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    Florida Senate - 2005                            CS for SB 506

    By the Committee on Judiciary; and Senator Hill





    590-1805-05

  1                      A bill to be entitled

  2         An act relating to voting; amending s.

  3         101.6103, F.S.; requiring that a mail ballot

  4         that otherwise satisfies the requirements of

  5         law for mail ballots be counted even if the

  6         elector dies after mailing the ballot but

  7         before election day if certain conditions are

  8         met; amending s. 101.657, F.S.; requiring that

  9         an early voting ballot that otherwise satisfies

10         the requirements of law for early voting

11         ballots be counted even if the elector dies on

12         or before election day; amending s. 101.68,

13         F.S.; providing that electors who die on or

14         before election day and have cast an absentee

15         ballot shall remain on the voter registration

16         books until the election is certified;

17         providing that the ballot of an elector who

18         casts an absentee ballot shall be counted even

19         if the elector dies on or before election day

20         if certain conditions are met; providing an

21         effective date.

22  

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

24  

25         Section 1.  Subsection (7) is added to section

26  101.6103, Florida Statutes, to read:

27         101.6103  Mail ballot election procedure.--

28         (7)  A ballot that otherwise satisfies the requirements

29  of subsection (5) shall be counted even if the elector dies

30  after mailing the ballot but before election day, as long as,

31  prior to the death of the voter, the ballot was:

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    Florida Senate - 2005                            CS for SB 506
    590-1805-05




 1         (a)  Postmarked by the United States Postal Service;

 2         (b)  Date-stamped with a verifiable tracking number by

 3  common carrier; or

 4         (c)  Already in the possession of the supervisor of

 5  elections.

 6         Section 2.  Subsection (3) is added to section 101.657,

 7  Florida Statutes, to read:

 8         101.657  Early voting.--

 9         (3)  The ballot of every elector voting early shall be

10  counted even if the elector dies on or before election day.

11         Section 3.  Subsection (1) and paragraph (c) of

12  subsection (2) of section 101.68, Florida Statutes, are

13  amended to read:

14         101.68  Canvassing of absentee ballot.--

15         (1)  The supervisor of the county where the absent

16  elector resides shall receive the voted ballot, at which time

17  the supervisor shall compare the signature of the elector on

18  the voter's certificate with the signature of the elector in

19  the registration books to determine whether the elector is

20  duly registered in the county and may record on the elector's

21  registration certificate that the elector has voted. However,

22  an elector who dies after casting an absentee ballot but on or

23  before election day shall remain listed in the registration

24  books until the results have been certified for the election

25  in which the ballot was cast. The supervisor shall safely keep

26  the ballot unopened in his or her office until the county

27  canvassing board canvasses the vote.

28         (2)

29         (c)1.  The canvassing board shall, if the supervisor

30  has not already done so, compare the signature of the elector

31  on the voter's certificate with the signature of the elector

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    Florida Senate - 2005                            CS for SB 506
    590-1805-05




 1  in the registration books to see that the elector is duly

 2  registered in the county and to determine the legality of that

 3  absentee ballot. The ballot of an elector who casts an

 4  absentee ballot shall be counted even if the elector dies on

 5  or before election day, as long as, prior to the death of the

 6  voter, the ballot was postmarked by the United States Postal

 7  Service, date-stamped with a verifiable tracking number by

 8  common carrier, or already in the possession of the supervisor

 9  of elections. An absentee ballot shall be considered illegal

10  if it does not include the signature of the elector, as shown

11  by the registration records. However, an absentee ballot shall

12  not be considered illegal if the signature of the elector does

13  not cross the seal of the mailing envelope. If the canvassing

14  board determines that any ballot is illegal, a member of the

15  board shall, without opening the envelope, mark across the

16  face of the envelope: "rejected as illegal." The envelope and

17  the ballot contained therein shall be preserved in the manner

18  that official ballots voted are preserved.

19         2.  If any elector or candidate present believes that

20  an absentee ballot is illegal due to a defect apparent on the

21  voter's certificate, he or she may, at any time before the

22  ballot is removed from the envelope, file with the canvassing

23  board a protest against the canvass of that ballot, specifying

24  the precinct, the ballot, and the reason he or she believes

25  the ballot to be illegal. A challenge based upon a defect in

26  the voter's certificate may not be accepted after the ballot

27  has been removed from the mailing envelope.

28         Section 4.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                            CS for SB 506
    590-1805-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 506

 3                                 

 4  This committee substitute extends authority to count votes for
    electors who have died pre-election day to that of electors
 5  voting by absentee ballot.

 6  Limiting language is provided regarding votes cast by mail
    ballot in a local referendum and absentee ballot voting.
 7  Ballots are to be counted for electors who die after mailing
    the ballot but before election day, as long as the ballot was:
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    --   Postmarked by the U.S. Postal Service;
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    --   Date-stamped with a verifiable tracking number by a
10       common carrier; or

11  --   Already in the possession of the supervisor of elections.

12  This committee substitute corrects a reference to the
    supervisor of elections as the entity that counts votes.
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