Senate Bill sb2068c1

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    Florida Senate - 2006                           CS for SB 2068

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




    590-2100-06

  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; revising the time when

13         early voting sites are required to be open;

14         providing an effective date.

15  

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

17  

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

19  Statutes, is amended to read:

20         101.657  Early voting.--

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

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

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

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

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

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

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

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

29  designate any city hall or permanent public library facility

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

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

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    Florida Senate - 2006                           CS for SB 2068
    590-2100-06




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

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

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

 4  election day. Results shall be reported by precinct.

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

 6  statutorily permitted early voting sites are not sufficient to

 7  provide adequate voter opportunity for convenient use of early

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

 9  the division and propose additional locations for early voting

10  sites. The proposed locations must be geographically located

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

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

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

14  days before the first statewide election for which the

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

16  include:

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

18  exception, along with supporting documentation;

19         b.  A detailed description of the proposed locations

20  and premises requested for use as additional early voting

21  sites; and

22         c.  A map of the county identifying the requested

23  placement of the proposed early voting locations.

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

25  receive public comment concerning the proposed locations. The

26  division shall review and approve or disapprove the request,

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

28  For the 2006 general election, the supervisor of elections

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

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

31  division shall have 15 days after receipt to receive public

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    Florida Senate - 2006                           CS for SB 2068
    590-2100-06




 1  comment concerning the proposed locations. The division shall

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

 3  part, no later than 60 days after submission.

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

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

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

 7  97.021, at each early voting site. If the supervisor chooses

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

 9  by the division using the procedure set forth in paragraph

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

11  submitting a second request for exception, but shall designate

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

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

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

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

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

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

18  site to vote.

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

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

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

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

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

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

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

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

27  later than 7 p.m. on each applicable day at times selected by

28  the supervisor of elections.

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

30  100.3605, municipalities may provide early voting in municipal

31  elections that are not held in conjunction with county or

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    Florida Senate - 2006                           CS for SB 2068
    590-2100-06




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

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

 3  activities in accordance with the provisions of paragraphs

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

 5  conduct early voting if it is provided pursuant to this

 6  subsection.

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

 8  special districts may provide early voting in any district

 9  election not held in conjunction with county or state

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

11  designate as many sites as necessary and shall conduct its

12  activities in accordance with the provisions of paragraphs

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

14  conduct early voting if it is provided pursuant to this

15  subsection.

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

17  law.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 2068

21                                 

22  The committee substitute deletes the requirement from existing
    statute that early voting sites open no sooner than 7 a.m. and
23  close no later than 7 p.m., and it instead provides
    supervisors of elections with the discretion to select the
24  times when early voting sites will open and close during the
    early voting period.
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