| 1 | A bill to be entitled |
| 2 | An act relating to early voting; amending s. 101.657, |
| 3 | F.S.; providing for the supervisor of elections to file a |
| 4 | request with the Division of Elections of the Department |
| 5 | of State to designate additional early voting sites; |
| 6 | providing requirements for such request; requiring that |
| 7 | the division receive public comment on the proposed early |
| 8 | voting sites; specifying a timeframe within which the |
| 9 | division must approve or disapprove a request for |
| 10 | additional sites; revising the time when early voting |
| 11 | sites are required to be open; providing an effective |
| 12 | date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsection (1) of section 101.657, Florida |
| 17 | Statutes, is amended to read: |
| 18 | 101.657 Early voting.-- |
| 19 | (1)(a) As a convenience to the voter, the supervisor of |
| 20 | elections shall allow an elector to vote early in the main or |
| 21 | branch office of the supervisor. The supervisor shall mark, |
| 22 | code, indicate on, or otherwise track the voter's precinct for |
| 23 | each early voted ballot. In order for a branch office to be used |
| 24 | for early voting, it shall be a permanent facility of the |
| 25 | supervisor and shall have been designated and used as such for |
| 26 | at least 1 year prior to the election. The supervisor may also |
| 27 | designate any city hall or permanent public library facility as |
| 28 | early voting sites; however, if so designated, the sites must be |
| 29 | geographically located so as to provide all voters in the county |
| 30 | an equal opportunity to cast a ballot, insofar as is |
| 31 | practicable. The results or tabulation of votes cast during |
| 32 | early voting may not be made before the close of the polls on |
| 33 | election day. Results shall be reported by precinct. |
| 34 | (b)1. If the supervisor determines that the statutorily |
| 35 | permitted early voting sites are not sufficient to provide |
| 36 | adequate voter opportunity for convenient use of early voting, |
| 37 | the supervisor may file a request for exception with the |
| 38 | division and propose additional locations for early voting |
| 39 | sites. The proposed locations must be geographically located so |
| 40 | as to provide all voters in the county an equal opportunity to |
| 41 | cast a ballot, insofar as is practicable. The request for |
| 42 | exception shall be submitted to the division no later than 180 |
| 43 | days before the first statewide election for which the proposed |
| 44 | locations will be used as early voting sites and must include: |
| 45 | a. The rationale for the supervisor's request for an |
| 46 | exception, along with supporting documentation; |
| 47 | b. A detailed description of the proposed locations and |
| 48 | premises requested for use as additional early voting sites; and |
| 49 | c. A map of the county identifying the requested placement |
| 50 | of the proposed early voting locations. |
| 51 | 2. The division shall have 30 days after receipt to |
| 52 | receive public comment concerning the proposed locations. The |
| 53 | division shall review and approve or disapprove the request, in |
| 54 | whole or in part, no later than 60 days after submission. |
| 55 | (c)(b) The supervisor shall designate each early voting |
| 56 | site by no later than the 30th day prior to an election and |
| 57 | shall designate an early voting area, as defined in s. 97.021, |
| 58 | at each early voting site. If the supervisor chooses to use a |
| 59 | location previously approved as an early voting site by the |
| 60 | division using the procedure set forth in paragraph (b), the |
| 61 | supervisor may continue to use this location without submitting |
| 62 | a second request for exception, but shall designate the location |
| 63 | as an early voting site no later than the 30th day prior to an |
| 64 | election and shall designate an early voting area, as defined in |
| 65 | s. 97.021, at the early voting site. |
| 66 | (d)(c) All early voting sites in a county shall be open on |
| 67 | the same days for the same amount of time and shall allow any |
| 68 | person in line at the closing of an early voting site to vote. |
| 69 | (e)(d) Early voting shall begin on the 15th day before an |
| 70 | election and end on the 2nd day before an election. For purposes |
| 71 | of a special election held pursuant to s. 100.101, early voting |
| 72 | shall begin on the 8th day before an election and end on the 2nd |
| 73 | day before an election. Early voting shall be provided for 8 |
| 74 | hours per weekday and 8 hours in the aggregate each weekend at |
| 75 | each site during the applicable periods. Early voting sites |
| 76 | shall open no sooner than 7 a.m. and close no later than 7 p.m. |
| 77 | on each applicable day at times selected by the supervisor of |
| 78 | elections. |
| 79 | (f)(e) Notwithstanding the requirements of s. 100.3605, |
| 80 | municipalities may provide early voting in municipal elections |
| 81 | that are not held in conjunction with county or state elections. |
| 82 | If a municipality provides early voting, it may designate as |
| 83 | many sites as necessary and shall conduct its activities in |
| 84 | accordance with the provisions of paragraphs (a), (c), and (d) |
| 85 | (a)-(c). The supervisor is not required to conduct early voting |
| 86 | if it is provided pursuant to this subsection. |
| 87 | (g)(f) Notwithstanding the requirements of s. 189.405, |
| 88 | special districts may provide early voting in any district |
| 89 | election not held in conjunction with county or state elections. |
| 90 | If a special district provides early voting, it may designate as |
| 91 | many sites as necessary and shall conduct its activities in |
| 92 | accordance with the provisions of paragraphs (a), (c), and (d) |
| 93 | (a)-(c). The supervisor is not required to conduct early voting |
| 94 | if it is provided pursuant to this subsection. |
| 95 | Section 2. This act shall take effect July 1, 2007. |