1 | A bill to be entitled |
2 | An act relating to elections; amending s. 101.6102, F.S.; |
3 | revising limitations of mail ballot elections; authorizing |
4 | a board of county commissioners to choose to have certain |
5 | elections by mail, subject to specified prior notice; |
6 | amending s. 101.6103, F.S.; requiring certain electors |
7 | using mail ballots to pay postage; requiring the Secretary |
8 | of State to establish rules relating to mail ballot |
9 | deposit sites; prohibiting unofficial deposit sites or |
10 | ballot-collection services; providing for penalties; |
11 | amending s. 101.62, F.S.; providing for a permanent |
12 | absentee voter status; providing requirements for |
13 | supervisors of elections relating to permanent absentee |
14 | voters; providing an effective date. |
15 |
|
16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
|
18 | Section 1. Section 101.6102, Florida Statutes, is amended |
19 | to 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 |
23 | portion of the qualified electors of one of the following |
24 | subdivisions of government are the only electors eligible to |
25 | vote: |
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 |
31 | and the supervisor of elections responsible for the conduct of |
32 | the election authorize the use of mail ballots for the election; |
33 | and |
34 | 3. The Secretary of State approves a written plan for the |
35 | conduct of the election, which shall include a written timetable |
36 | for the conduct of the election, submitted by the supervisor of |
37 | elections. |
38 | (b) In addition, An annexation referendum which includes |
39 | only qualified electors of one county may also be voted on by |
40 | mail ballot election. |
41 | (2) The following elections may not be conducted by mail |
42 | ballot: |
43 | (a) An election at which any candidate is nominated, |
44 | elected, retained, or recalled; or |
45 | (b) An election held on the same date as another election, |
46 | other than a mail ballot election, in which the qualified |
47 | electors of that political subdivision are eligible to cast |
48 | ballots. |
49 | (3) Notwithstanding subsections (1) and (2), a board of |
50 | county commissioners may choose to conduct any election in that |
51 | county, whether countywide, statewide, or federal, by mail |
52 | ballot but must make that declaration no later than 120 days |
53 | before the date of the scheduled election. |
54 | (4)(3) The supervisor of elections shall be responsible |
55 | for the conduct of any election held under ss. 101.6101- |
56 | 101.6107. |
57 | (5)(4) The costs of a mail ballot election shall be borne |
58 | by the jurisdiction initiating the calling of the election, |
59 | unless otherwise provided by law. |
60 | (6)(5) Nothing in this section shall be construed to |
61 | prohibit the use of a mail ballot election in a municipal |
62 | annexation referendum requiring separate vote of the registered |
63 | electors of the annexing municipality and of the area proposed |
64 | to be annexed. If a mail ballot election is authorized for a |
65 | municipal annexation referendum, the provisions of ss. 101.6101- |
66 | 101.6107 shall control over any conflicting provisions of s. |
67 | 171.0413. |
68 | Section 2. Subsections (9), (10), and (11) are added to |
69 | section 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 |
72 | ballots mailed and all ballots returned. |
73 | (10) The elector shall pay postage if he or she chooses to |
74 | return the ballot by mail. |
75 | (11)(a) The Secretary of State by rule shall establish |
76 | requirements and criteria for the designation of places of |
77 | deposit for the ballots cast in the election. The rules shall |
78 | also specify the dates and times the places of deposit must be |
79 | open and the security requirements for the places of deposit. At |
80 | a minimum, the places designated under this paragraph shall be |
81 | open on the date of the election for a period of at least 8 |
82 | hours, but must be open until at least 7 p.m. At each place of |
83 | deposit designated under this paragraph, the county clerk shall |
84 | prominently display a sign stating that the location is an |
85 | official ballot drop site. |
86 | (b) Persons and organizations are prohibited from hosting |
87 | unofficial deposit sites or ballot-collection services and are |
88 | subject to the same penalties as voter fraud. |
89 | Section 3. Paragraph (a) of subsection (1) of section |
90 | 101.62, 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 |
93 | ballot from an elector in person or in writing. |
94 | 1. Except as provided in s. 101.694, one request shall be |
95 | deemed sufficient to receive an absentee ballot for all |
96 | elections through the next two regularly scheduled general |
97 | elections, unless the elector or the elector's designee |
98 | indicates at the time the request is made the elections for |
99 | which the elector desires to receive an absentee ballot. Such |
100 | request may be considered canceled when any first-class mail |
101 | sent by the supervisor to the elector is returned as |
102 | undeliverable. |
103 | 2. Except as provided in s. 101.694, upon receipt of a |
104 | request for a permanent absentee voter status by an elector, the |
105 | supervisor shall place the elector's name on a permanent |
106 | absentee voter list and mail an absentee ballot to the elector |
107 | for every election thereafter until the elector requests to be |
108 | removed from the permanent absentee voter list or the supervisor |
109 | removes the elector from the list because the elector has not |
110 | voted in two consecutive general elections or because any first- |
111 | class mail sent by the supervisor to the elector is returned as |
112 | undeliverable. An elector may request a permanent absentee voter |
113 | status using the same procedures used to register for absentee |
114 | ballots. |
115 | Section 4. This act shall take effect July 1, 2008. |