HB 429

1
A bill to be entitled
2An act relating to elections; amending s. 101.6102, F.S.;
3revising limitations of mail ballot elections; authorizing
4a board of county commissioners to choose to have certain
5elections by mail, subject to specified prior notice;
6amending s. 101.6103, F.S.; requiring certain electors
7using mail ballots to pay postage; requiring the Secretary
8of State to establish rules relating to mail ballot
9deposit sites; prohibiting unofficial deposit sites or
10ballot-collection services; providing for penalties;
11amending s. 101.62, F.S.; providing for a permanent
12absentee voter status; providing requirements for
13supervisors of elections relating to permanent absentee
14voters; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 101.6102, Florida Statutes, is amended
19to read:
20     101.6102  Mail ballot elections; limitations.--
21     (1)(a)  An election may be conducted by mail ballot if:
22     1.  The election is a referendum election at which all or a
23portion of the qualified electors of one of the following
24subdivisions of government are the only electors eligible to
25vote:
26     a.  Counties;
27     b.  Municipalities Cities;
28     c.  School districts covering no more than one county; or
29     d.  Special districts;
30     2.  The governing body responsible for calling the election
31and the supervisor of elections responsible for the conduct of
32the election authorize the use of mail ballots for the election;
33and
34     3.  The Secretary of State approves a written plan for the
35conduct of the election, which shall include a written timetable
36for the conduct of the election, submitted by the supervisor of
37elections.
38     (b)  In addition, An annexation referendum which includes
39only qualified electors of one county may also be voted on by
40mail ballot election.
41     (2)  The following elections may not be conducted by mail
42ballot:
43     (a)  An election at which any candidate is nominated,
44elected, retained, or recalled; or
45     (b)  An election held on the same date as another election,
46other than a mail ballot election, in which the qualified
47electors of that political subdivision are eligible to cast
48ballots.
49     (3)  Notwithstanding subsections (1) and (2), a board of
50county commissioners may choose to conduct any election in that
51county, whether countywide, statewide, or federal, by mail
52ballot but must make that declaration no later than 120 days
53before the date of the scheduled election.
54     (4)(3)  The supervisor of elections shall be responsible
55for the conduct of any election held under ss. 101.6101-
56101.6107.
57     (5)(4)  The costs of a mail ballot election shall be borne
58by the jurisdiction initiating the calling of the election,
59unless otherwise provided by law.
60     (6)(5)  Nothing in this section shall be construed to
61prohibit the use of a mail ballot election in a municipal
62annexation referendum requiring separate vote of the registered
63electors of the annexing municipality and of the area proposed
64to be annexed. If a mail ballot election is authorized for a
65municipal annexation referendum, the provisions of ss. 101.6101-
66101.6107 shall control over any conflicting provisions of s.
67171.0413.
68     Section 2.  Subsections (9), (10), and (11) are added to
69section 101.6103, Florida Statutes, to read:
70     101.6103  Mail ballot election procedure.--
71     (9)  The supervisor of elections shall keep a record of all
72ballots mailed and all ballots returned.
73     (10)  The elector shall pay postage if he or she chooses to
74return the ballot by mail.
75     (11)(a)  The Secretary of State by rule shall establish
76requirements and criteria for the designation of places of
77deposit for the ballots cast in the election. The rules shall
78also specify the dates and times the places of deposit must be
79open and the security requirements for the places of deposit. At
80a minimum, the places designated under this paragraph shall be
81open on the date of the election for a period of at least 8
82hours, but must be open until at least 7 p.m. At each place of
83deposit designated under this paragraph, the county clerk shall
84prominently display a sign stating that the location is an
85official ballot drop site.
86     (b)  Persons and organizations are prohibited from hosting
87unofficial deposit sites or ballot-collection services and are
88subject to the same penalties as voter fraud.
89     Section 3.  Paragraph (a) of subsection (1) of section
90101.62, Florida Statutes, is amended to read:
91     101.62  Request for absentee ballots.--
92     (1)(a)  The supervisor may accept a request for an absentee
93ballot from an elector in person or in writing.
94     1.  Except as provided in s. 101.694, one request shall be
95deemed sufficient to receive an absentee ballot for all
96elections through the next two regularly scheduled general
97elections, unless the elector or the elector's designee
98indicates at the time the request is made the elections for
99which the elector desires to receive an absentee ballot. Such
100request may be considered canceled when any first-class mail
101sent by the supervisor to the elector is returned as
102undeliverable.
103     2.  Except as provided in s. 101.694, upon receipt of a
104request for a permanent absentee voter status by an elector, the
105supervisor shall place the elector's name on a permanent
106absentee voter list and mail an absentee ballot to the elector
107for every election thereafter until the elector requests to be
108removed from the permanent absentee voter list or the supervisor
109removes the elector from the list because the elector has not
110voted in two consecutive general elections or because any first-
111class mail sent by the supervisor to the elector is returned as
112undeliverable. An elector may request a permanent absentee voter
113status using the same procedures used to register for absentee
114ballots.
115     Section 4.  This act shall take effect July 1, 2008.


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