Senate Bill sb2068

    Florida Senate - 2006                                  SB 2068

    By the Committee on Ethics and Elections; and Senators Posey,
    Argenziano, Sebesta, Jones and Rich




    582-1027D-06

  1                      A bill to be entitled

  2         An act relating to early voting; amending s.

  3         101.657, F.S.; providing for the supervisor of

  4         elections to file a request with the Division

  5         of Elections of the Department of State to

  6         designate additional early voting sites;

  7         providing requirements for such request;

  8         requiring that the division receive public

  9         comment on the proposed early voting sites;

10         specifying a timeframe within which the

11         division must approve or disapprove a request

12         for additional sites; providing an effective

13         date.

14  

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

16  

17         Section 1.  Subsection (1) of section 101.657, Florida

18  Statutes, is amended to read:

19         101.657  Early voting.--

20         (1)(a)  As a convenience to the voter, the supervisor

21  of elections shall allow an elector to vote early in the main

22  or branch office of the supervisor. The supervisor shall mark,

23  code, indicate on, or otherwise track the voter's precinct for

24  each early voted ballot. In order for a branch office to be

25  used for early voting, it shall be a permanent facility of the

26  supervisor and shall have been designated and used as such for

27  at least 1 year prior to the election. The supervisor may also

28  designate any city hall or permanent public library facility

29  as early voting sites; however, if so designated, the sites

30  must be geographically located so as to provide all voters in

31  the county an equal opportunity to cast a ballot, insofar as

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    Florida Senate - 2006                                  SB 2068
    582-1027D-06




 1  is practicable. The results or tabulation of votes cast during

 2  early voting may not be made before the close of the polls on

 3  election day. Results shall be reported by precinct.

 4         (b)1.  If the supervisor determines that the

 5  statutorily permitted early voting sites are not sufficient to

 6  provide adequate voter opportunity for convenient use of early

 7  voting, the supervisor may file a request for exception with

 8  the division and propose additional locations for early voting

 9  sites. The proposed locations must be geographically located

10  so as to provide all voters in the county an equal opportunity

11  to cast a ballot, insofar as is practicable. The request for

12  exception shall be submitted to the division no later than 180

13  days before the first statewide election for which the

14  proposed locations will be used as early voting sites and must

15  include:

16         a.  The rationale for the supervisor's request for an

17  exception, along with supporting documentation;

18         b.  A detailed description of the proposed locations

19  and premises requested for use as additional early voting

20  sites; and

21         c.  A map of the county identifying the requested

22  placement of the proposed early voting locations.

23         2.  The division shall have 30 days after receipt to

24  receive public comment concerning the proposed locations. The

25  division shall review and approve or disapprove the request,

26  in whole or in part, no later than 60 days after submission.

27  For the 2006 general election, the supervisor of elections

28  shall make a request for exception for early voting sites to

29  the division at least 90 days before the primary election. The

30  division shall have 15 days after receipt to receive public

31  comment concerning the proposed locations. The division shall

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    Florida Senate - 2006                                  SB 2068
    582-1027D-06




 1  review and approve or disapprove the proposal, in whole or in

 2  part, no later than 60 days after submission.

 3         (c)(b)  The supervisor shall designate each early

 4  voting site by no later than the 30th day prior to an election

 5  and shall designate an early voting area, as defined in s.

 6  97.021, at each early voting site. If the supervisor chooses

 7  to use a location previously approved as an early voting site

 8  by the division using the procedure set forth in paragraph

 9  (b), the supervisor may continue to use this location without

10  submitting a second request for exception, but shall designate

11  the location as an early voting site no later than the 30th

12  day prior to an election and shall designate an early voting

13  area, as defined in s. 97.021, at the early voting site.

14         (d)(c)  All early voting sites in a county shall be

15  open on the same days for the same amount of time and shall

16  allow any person in line at the closing of an early voting

17  site to vote.

18         (e)(d)  Early voting shall begin on the 15th day before

19  an election and end on the 2nd day before an election. For

20  purposes of a special election held pursuant to s. 100.101,

21  early voting shall begin on the 8th day before an election and

22  end on the 2nd day before an election. Early voting shall be

23  provided for 8 hours per weekday and 8 hours in the aggregate

24  each weekend at each site during the applicable periods. Early

25  voting sites shall open no sooner than 7 a.m. and close no

26  later than 7 p.m. on each applicable day.

27         (f)(e)  Notwithstanding the requirements of s.

28  100.3605, municipalities may provide early voting in municipal

29  elections that are not held in conjunction with county or

30  state elections. If a municipality provides early voting, it

31  may designate as many sites as necessary and shall conduct its

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    Florida Senate - 2006                                  SB 2068
    582-1027D-06




 1  activities in accordance with the provisions of paragraphs

 2  (a), (c), and (d) (a)-(c). The supervisor is not required to

 3  conduct early voting if it is provided pursuant to this

 4  subsection.

 5         (g)(f)  Notwithstanding the requirements of s. 189.405,

 6  special districts may provide early voting in any district

 7  election not held in conjunction with county or state

 8  elections. If a special district provides early voting, it may

 9  designate as many sites as necessary and shall conduct its

10  activities in accordance with the provisions of paragraphs

11  (a), (c), and (d) (a)-(c). The supervisor is not required to

12  conduct early voting if it is provided pursuant to this

13  subsection.

14         Section 2.  This act shall take effect upon becoming a

15  law.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Provides for the supervisor to request authorization from
      the Division of Elections to designate additional early
20    voting sites. Requires that the division approve or
      disapprove the proposed sites, in whole or in part,
21    within 60 days after submission of the request.

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