CS/HB 213

1
A bill to be entitled
2An act relating to elections; providing a short title;
3amending s. 98.075, F.S.; revising requirements for
4supervisors relating to removal of deceased voters' names
5from the statewide voter registration system; amending s.
6100.061, F.S.; revising the date on which the primary
7election is held; amending s. 101.151, F.S.; authorizing
8the use of ballot-on-demand technology to produce certain
9marksense ballots; creating s. 101.56075, F.S.; requiring
10all voting to be by marksense ballots; providing an
11exemption for voters with disabilities; amending s.
12101.5612, F.S.; providing for testing of ballots that are
13pre-printed and printed by ballot-on-demand technology;
14amending s. 101.591, F.S.; requiring postelection, random
15audits of voting systems; providing general audit
16procedures; requiring that audit results be reported to
17the Department of State; prescribing requirements for
18audit reports; requiring the department to adopt rules
19prescribing audit procedures and a standard reporting
20form; amending s. 101.6102, F.S.; authorizing counties and
21cities to conduct county or city elections by mail ballot
22under certain circumstances; amending s. 101.6103, F.S.;
23revising the date the canvassing of mail ballots may
24begin; amending s. 101.68, F.S.; revising the date the
25canvassing of absentee ballots may begin; removing an
26obsolete implementation date; amending s. 104.20, F.S.;
27providing that removal of a ballot from a polling place in
28certain circumstances is a felony; providing penalties;
29requiring the department to seek funding to pay for
30specified costs; providing certain contingent effect;
31providing effective dates.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  This act may be cited as the "Truth in
36Elections Act."
37     Section 2.  Subsection (3) of section 98.075, Florida
38Statutes, is amended to read:
39     98.075  Registration records maintenance activities;
40ineligibility determinations.--
41     (3)  DECEASED PERSONS.--The department shall identify those
42registered voters who are deceased by comparing information on
43the lists of deceased persons received from the Department of
44Health as provided in s. 98.093. Upon receipt of such
45information through the statewide voter registration system, the
46supervisor shall remove the name of the registered voter.
47Additionally, if the supervisor is presented with a certified
48copy of a death certificate issued from a bona fide governmental
49agency, the supervisor may remove the name of the deceased voter
50from the statewide voter registration system.
51     Section 3.  Section 100.061, Florida Statutes, is amended
52to read:
53     100.061  Primary election.--In each year in which a general
54election is held, a primary election for nomination of
55candidates of political parties shall be held on the Tuesday 10
569 weeks prior to the general election. The candidate receiving
57the highest number of votes cast in each contest in the primary
58election shall be declared nominated for such office. If two or
59more candidates receive an equal and highest number of votes for
60the same office, such candidates shall draw lots to determine
61which candidate is nominated.
62     Section 4.  Subsection (1) of section 101.151, Florida
63Statutes, is amended to read:
64     101.151  Specifications for ballots.--
65     (1)(a)  Marksense ballots shall be printed on paper of such
66thickness that the printing cannot be distinguished from the
67back and shall meet the specifications of the voting system that
68will be used to tabulate the ballots.
69     (b)  Supervisors of elections may employ ballot-on-demand
70technology to print individual marksense ballots for early
71voting and election day voting, including provisional and
72absentee ballots.
73     Section 5.  Section 101.56075, Florida Statutes, is created
74to read:
75     101.56075  Voting methods.--
76     (1)  Except as provided in subsection (2), all voting shall
77be conducted by marksense ballots utilizing a marking device for
78the purpose of designating ballot selections.
79     (2)  Persons with disabilities may vote on a voter
80interface device that meets the voting system accessibility
81requirements for individuals with disabilities pursuant to
82section 301 of the Help America Vote Act of 2002 and s.
83101.56062.
84     Section 6.  Subsection (3) and paragraph (a) of subsection
85(4) of section 101.5612, Florida Statutes, are amended to read:
86     101.5612  Testing of tabulating equipment.--
87     (3)  For electronic or electromechanical voting systems
88configured to tabulate absentee ballots at a central or regional
89site, the public testing shall be conducted by processing a
90preaudited group of ballots so produced as to record a
91predetermined number of valid votes for each candidate and on
92each measure and to include one or more ballots for each office
93which have activated voting positions in excess of the number
94allowed by law in order to test the ability of the automatic
95tabulating equipment to reject such votes. If a county intends
96to use ballot-on-demand equipment in an election, it must also
97process ballots that have been printed with such equipment. If
98any error is detected, the cause therefor shall be corrected and
99an errorless count shall be made before the automatic tabulating
100equipment is approved. The test shall be repeated and errorless
101results achieved immediately before the start of the official
102count of the ballots and again after the completion of the
103official count. The programs and ballots used for testing shall
104be sealed and retained under the custody of the county
105canvassing board.
106     (4)(a)1.  For electronic or electromechanical voting
107systems configured to include electronic or electromechanical
108tabulation devices which are distributed to the precincts, all
109or a sample of the devices to be used in the election shall be
110publicly tested. If a sample is to be tested, the sample shall
111consist of a random selection of at least 5 percent of the
112devices for an optical scan system or 2 percent of the devices
113for a touchscreen system or 10 of the devices for either system,
114as applicable, whichever is greater. The test shall be conducted
115by processing a group of ballots, causing the device to output
116results for the ballots processed, and comparing the output of
117results to the results expected for the ballots processed. If a
118county intends to use ballot-on-demand equipment in an election,
119it must also process ballots that have been printed with such
120equipment. The group of ballots shall be produced so as to
121record a predetermined number of valid votes for each candidate
122and on each measure and to include for each office one or more
123ballots which have activated voting positions in excess of the
124number allowed by law in order to test the ability of the
125tabulating device to reject such votes.
126     2.  If any tested tabulating device is found to have an
127error in tabulation, it shall be deemed unsatisfactory. For each
128device deemed unsatisfactory, the canvassing board shall take
129steps to determine the cause of the error, shall attempt to
130identify and test other devices that could reasonably be
131expected to have the same error, and shall test a number of
132additional devices sufficient to determine that all devices are
133satisfactory. Upon deeming any device unsatisfactory, the
134canvassing board may require all devices to be tested or may
135declare that all devices are unsatisfactory.
136     3.  If the operation or output of any tested tabulation
137device, such as spelling or the order of candidates on a report,
138is in error, such problem shall be reported to the canvassing
139board. The canvassing board shall then determine if the reported
140problem warrants its deeming the device unsatisfactory.
141     Section 7.  Section 101.591, Florida Statutes, is amended
142to read:
143(Substantial rewording of section. See
144s. 101.591, F.S., for present text.)
145     101.591  Voting system audit.--
146     (1)(a)  If the second set of unofficial returns filed
147pursuant to s. 102.141 reflects that a candidate for any office
148in that county was defeated or eliminated by one-half of one
149percent or less of the votes cast for such office, that a
150candidate for retention to a judicial office was retained or not
151retained by one-half of one percent or less of the votes cast on
152the question of retention, or that a measure appearing on the
153ballot was approved or rejected by one-half of one percent or
154less of the votes cast on such measure in that county, each
155county canvassing board or local board responsible for
156certifying the election shall order an audit of the voting
157system used in the election.
158     (b)  The audit conducted pursuant to this subsection shall
159consist of an evaluation of the voting system used in 4 percent
160of the precincts chosen at random by the county canvassing board
161or local board responsible for certifying the election to
162provide reasonable assurance that the system is properly
163controlled, can accurately count votes, provides adequate
164safeguards against unauthorized manipulation and fraud, and
165complies with the requirements of law and rules of the
166Department of State. If 4 percent of the precincts is less than
167one entire precinct, the audit shall be conducted in one
168precinct chosen at random by the county canvassing board or the
169local board responsible for certifying the election. Such
170precincts shall be selected at a publicly noticed meeting.
171     (2)  The board shall post a notice of the audit, including
172the date, time, and location of the audit, in four conspicuous
173places in the county and on the website of any affected county
174supervisor of elections.
175     (3)  The audit shall be completed and the results made
176public no later than 11:59 p.m. on the 9th day after
177certification of the election by the county canvassing board or
178the local board responsible for certifying the election.
179     (4)  Within 15 days after completing the audit, the county
180canvassing board or the board responsible for certifying the
181election shall provide a report with the results of the audit to
182the Department of State in a standard format prescribed by the
183department.
184     (5)  The Department of State shall adopt rules prescribing
185detailed audit procedures for each voting system, which shall be
186uniform to the extent practicable, along with a standard format
187to be used for audit reports.
188     Section 8.  Section 101.6102, Florida Statutes, is amended
189to read:
190     101.6102  Mail ballot elections; limitations.--
191     (1)(a)  An election may be conducted by mail ballot if:
192     1.  The election is a referendum election at which all or a
193portion of the qualified electors of one of the following
194subdivisions of government are the only electors eligible to
195vote:
196     a.  Counties;
197     b.  Cities;
198     c.  School districts covering no more than one county; or
199     d.  Special districts;
200     2.  The governing body responsible for calling the election
201and the supervisor of elections responsible for the conduct of
202the election authorize the use of mail ballots for the election;
203and
204     3.  The Secretary of State approves a written plan for the
205conduct of the election, which shall include a written timetable
206for the conduct of the election, submitted by the supervisor of
207elections.
208     (b)  In addition, An annexation referendum which includes
209only qualified electors of one county may also be voted on by
210mail ballot election.
211     (c)  A board of county or city commissioners may declare
212that a county or city election shall be conducted entirely by
213mail ballot. The board of county or city commissioners shall
214make that declaration at least 90 days before the date of the
215scheduled election.
216     (2)  The following elections may not be conducted by mail
217ballot:
218     (a)  An election at which any candidate is nominated,
219elected, retained, or recalled, except a county or city election
220pursuant to paragraph (1)(c); or
221     (b)  An election held on the same date as another election,
222other than a mail ballot election, in which the qualified
223electors of that political subdivision are eligible to cast
224ballots.
225     (3)  The supervisor of elections shall be responsible for
226the conduct of any election held under ss. 101.6101-101.6107.
227     (4)  The costs of a mail ballot election shall be borne by
228the jurisdiction initiating the calling of the election, unless
229otherwise provided by law.
230     (5)  Nothing in this section shall be construed to prohibit
231the use of a mail ballot election in a municipal annexation
232referendum requiring separate vote of the registered electors of
233the annexing municipality and of the area proposed to be
234annexed. If a mail ballot election is authorized for a municipal
235annexation referendum, the provisions of ss. 101.6101-101.6107
236shall control over any conflicting provisions of s. 171.0413.
237     Section 9.  Subsection (6) of section 101.6103, Florida
238Statutes, is amended to read:
239     101.6103  Mail ballot election procedure.--
240     (6)  The canvassing board may begin the canvassing of mail
241ballots at 7 a.m. on the 6th fourth day before the election,
242including processing the ballots through the tabulating
243equipment. However, results may not be released until after 7
244p.m. on election day. Any canvassing board member or election
245employee who releases any result before 7 p.m. on election day
246commits a felony of the third degree, punishable as provided in
247s. 775.082, s. 775.083, or s. 775.084.
248     Section 10.  Paragraphs (a) and (c) of subsection (2) of
249section 101.68, Florida Statutes, are amended to read:
250     101.68  Canvassing of absentee ballot.--
251     (2)(a)  The county canvassing board may begin the
252canvassing of absentee ballots at 7 a.m. on the 6th fourth day
253before the election, but not later than noon on the day after
254following the election. In addition, for any county using
255electronic tabulating equipment, the processing of absentee
256ballots through such tabulating equipment may begin at 7 a.m. on
257the 6th fourth day before the election. However, notwithstanding
258any such authorization to begin canvassing or otherwise
259processing absentee ballots early, no result shall be released
260until after the closing of the polls in that county on election
261day. Any supervisor of elections, deputy supervisor of
262elections, canvassing board member, election board member, or
263election employee who releases the results of a canvassing or
264processing of absentee ballots prior to the closing of the polls
265in that county on election day commits a felony of the third
266degree, punishable as provided in s. 775.082, s. 775.083, or s.
267775.084.
268     (c)1.  The canvassing board shall, if the supervisor has
269not already done so, compare the signature of the elector on the
270voter's certificate with the signature of the elector in the
271registration books to see that the elector is duly registered in
272the county and to determine the legality of that absentee
273ballot. Effective July 1, 2005, The ballot of an elector who
274casts an absentee ballot shall be counted even if the elector
275dies on or before election day, as long as, prior to the death
276of the voter, the ballot was postmarked by the United States
277Postal Service, date-stamped with a verifiable tracking number
278by common carrier, or already in the possession of the
279supervisor of elections. An absentee ballot shall be considered
280illegal if it does not include the signature of the elector, as
281shown by the registration records. However, an absentee ballot
282shall not be considered illegal if the signature of the elector
283does not cross the seal of the mailing envelope. If the
284canvassing board determines that any ballot is illegal, a member
285of the board shall, without opening the envelope, mark across
286the face of the envelope: "rejected as illegal." The envelope
287and the ballot contained therein shall be preserved in the
288manner that official ballots voted are preserved.
289     2.  If any elector or candidate present believes that an
290absentee ballot is illegal due to a defect apparent on the
291voter's certificate, he or she may, at any time before the
292ballot is removed from the envelope, file with the canvassing
293board a protest against the canvass of that ballot, specifying
294the precinct, the ballot, and the reason he or she believes the
295ballot to be illegal. A challenge based upon a defect in the
296voter's certificate may not be accepted after the ballot has
297been removed from the mailing envelope.
298     Section 11.  Section 104.20, Florida Statutes, is amended
299to read:
300     104.20  Ballot not to be seen, and other offenses.--Any
301elector who, except as provided by law, allows his or her ballot
302to be seen by any person; takes or removes, or attempts to take
303or remove, any ballot from the polling place before the close of
304the polls; places any mark on his or her ballot by which it may
305be identified; endeavors to induce any elector to show how he or
306she voted; aids or attempts to aid any elector unlawfully; or
307prints or procures to be printed, or has in his or her
308possession, any copies of any ballot prepared to be voted is
309guilty of a misdemeanor of the first degree, punishable as
310provided in s. 775.082 or s. 775.083. Any elector who, except as
311provided by law, takes or removes, or attempts to take or
312remove, any ballot from a polling place before the close of the
313polls commits a felony of the third degree, punishable as
314provided in s. 775.082, s. 775.083, or s. 775.084.
315     Section 12.  The Department of State shall seek funding
316under the Help America Vote Act of 2002 or other federal source
317to pay for any costs to implement sections 4 and 5 of this act.
318     Section 13.  Sections 4 and 5 of this act shall take effect
3191 year after the Legislature appropriates funds it determines
320appropriate to implement requirements for the voting equipment
321prescribed in those sections or, in the alternative, counties
322may implement requirements for the voting equipment prescribed
323in those sections using local funds if a county chooses to do
324so.
325     Section 14.  Except as otherwise expressly provided in this
326act, this act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.