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