| 1 | A bill to be entitled | 
| 2 | An act relating to absentee ballots; amending s. 101.68,  | 
| 3 | F.S.; requiring the supervisor of elections to notify an  | 
| 4 | absent elector if the voter's certificate on a mailed  | 
| 5 | absentee ballot has not been signed; providing conditions  | 
| 6 | under which the elector may sign the certificate and have  | 
| 7 | the ballot counted; requiring the supervisor of elections  | 
| 8 | to make available to certain persons or political parties  | 
| 9 | a list of names of absent electors being notified that  | 
| 10 | their signatures were omitted on the voter's certificate;  | 
| 11 | providing an exception; providing an effective date. | 
| 12 | 
  | 
| 13 | Be It Enacted by the Legislature of the State of Florida: | 
| 14 | 
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| 15 |      Section 1.  Subsections (1) and (2) of section 101.68,  | 
| 16 | Florida Statutes, are amended to read: | 
| 17 |      101.68  Canvassing of absentee ballot.-- | 
| 18 |      (1)(a)  The supervisor of the county where the absent  | 
| 19 | elector resides shall receive the voted ballot, at which time  | 
| 20 | the supervisor shall compare the signature of the elector on the  | 
| 21 | voter's certificate with the signature of the elector in the  | 
| 22 | registration books to determine whether the elector is duly  | 
| 23 | registered in the county and may record on the elector's  | 
| 24 | registration certificate that the elector has voted. However,  | 
| 25 | effective July 1, 2005, an elector who dies after casting an  | 
| 26 | absentee ballot but on or before election day shall remain  | 
| 27 | listed in the registration books until the results have been  | 
| 28 | certified for the election in which the ballot was cast. The  | 
| 29 | supervisor shall safely keep the ballot unopened in his or her  | 
| 30 | office until the county canvassing board canvasses the vote.  | 
| 31 | After an absentee ballot is received by the supervisor, the  | 
| 32 | ballot is deemed to have been cast, and changes or additions may  | 
| 33 | not be made to the voter's certificate. | 
| 34 |      (b)  If an absentee ballot is received by the supervisor  | 
| 35 | and the voter's certificate has not been signed, the supervisor  | 
| 36 | shall notify the elector of the omission, if the identity of the  | 
| 37 | elector can be ascertained from the mailing envelope. To  | 
| 38 | complete the voter's certificate, the elector must: | 
| 39 |      1.  Personally appear at the supervisor's main office by 7  | 
| 40 | p.m. on the day of the election and, upon providing proper  | 
| 41 | identification as described in s. 101.043, sign the voter's  | 
| 42 | certificate; or | 
| 43 |      2.  Personally appear at the first meeting of the county  | 
| 44 | canvassing board convened after 7 p.m. on the day of the  | 
| 45 | election and, upon providing proper identification as described  | 
| 46 | in s. 101.043, sign the voter's certificate. | 
| 47 |      (c)  The ballot shall not be considered illegal due to an  | 
| 48 | unsigned voter's certificate if the certificate is signed in  | 
| 49 | accordance with the provisions of subparagraph (b)1. or  | 
| 50 | subparagraph (b)2. | 
| 51 |      (d)  Except as otherwise provided in s. 741.465, the  | 
| 52 | supervisor of elections shall make available to a political  | 
| 53 | party or official thereof or a candidate who has filed  | 
| 54 | qualifying papers and is opposed in an upcoming election a list  | 
| 55 | of names of absent electors who are being notified that their  | 
| 56 | signatures were omitted on the voter's certificate. | 
| 57 |      (2)(a)  The county canvassing board may begin the  | 
| 58 | canvassing of absentee ballots at 7 a.m. on the sixth day before  | 
| 59 | the election, but not later than noon on the day following the  | 
| 60 | election. In addition, for any county using electronic  | 
| 61 | tabulating equipment, the processing of absentee ballots through  | 
| 62 | such tabulating equipment may begin at 7 a.m. on the sixth day  | 
| 63 | before the election. However, notwithstanding any such  | 
| 64 | authorization to begin canvassing or otherwise processing  | 
| 65 | absentee ballots early, no result shall be released until after  | 
| 66 | the closing of the polls in that county on election day. Any  | 
| 67 | supervisor of elections, deputy supervisor of elections,  | 
| 68 | canvassing board member, election board member, or election  | 
| 69 | employee who releases the results of a canvassing or processing  | 
| 70 | of absentee ballots prior to the closing of the polls in that  | 
| 71 | county on election day commits a felony of the third degree,  | 
| 72 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. | 
| 73 |      (b)  To ensure that all absentee ballots to be counted by  | 
| 74 | the canvassing board are accounted for, the canvassing board  | 
| 75 | shall compare the number of ballots in its possession with the  | 
| 76 | number of requests for ballots received to be counted according  | 
| 77 | to the supervisor's file or list. | 
| 78 |      (c)1.  The canvassing board shall, if the supervisor has  | 
| 79 | not already done so, compare the signature of the elector on the  | 
| 80 | voter's certificate with the signature of the elector in the  | 
| 81 | registration books to see that the elector is duly registered in  | 
| 82 | the county and to determine the legality of that absentee  | 
| 83 | ballot. The ballot of an elector who casts an absentee ballot  | 
| 84 | shall be counted even if the elector dies on or before election  | 
| 85 | day, as long as, prior to the death of the voter, the ballot was  | 
| 86 | postmarked by the United States Postal Service, date-stamped  | 
| 87 | with a verifiable tracking number by common carrier, or already  | 
| 88 | in the possession of the supervisor of elections. An absentee  | 
| 89 | ballot shall be considered illegal if it does not include the  | 
| 90 | signature of the elector, as shown by the registration records,  | 
| 91 | or if the signature of the elector is not timely added in  | 
| 92 | compliance with subparagraph (1)(b)1. or subparagraph (1)(b)2.  | 
| 93 | However, An absentee ballot shall not be considered illegal if  | 
| 94 | the signature of the elector does not cross the seal of the  | 
| 95 | mailing envelope. If the canvassing board determines that any  | 
| 96 | ballot is illegal, a member of the board shall, without opening  | 
| 97 | the envelope, mark across the face of the envelope: "rejected as  | 
| 98 | illegal." The envelope and the ballot contained therein shall be  | 
| 99 | preserved in the manner that official ballots voted are  | 
| 100 | preserved. | 
| 101 |      2.  If any elector or candidate present believes that an  | 
| 102 | absentee ballot is illegal due to a defect apparent on the  | 
| 103 | voter's certificate, he or she may, at any time before the  | 
| 104 | ballot is removed from the envelope, file with the canvassing  | 
| 105 | board a protest against the canvass of that ballot, specifying  | 
| 106 | the precinct, the ballot, and the reason he or she believes the  | 
| 107 | ballot to be illegal. A challenge based upon a defect in the  | 
| 108 | voter's certificate may not be accepted after the ballot has  | 
| 109 | been removed from the mailing envelope. | 
| 110 |      (d)  The canvassing board shall record the ballot upon the  | 
| 111 | proper record, unless the ballot has been previously recorded by  | 
| 112 | the supervisor. The mailing envelopes shall be opened and the  | 
| 113 | secrecy envelopes shall be mixed so as to make it impossible to  | 
| 114 | determine which secrecy envelope came out of which signed  | 
| 115 | mailing envelope; however, in any county in which an electronic  | 
| 116 | or electromechanical voting system is used, the ballots may be  | 
| 117 | sorted by ballot styles and the mailing envelopes may be opened  | 
| 118 | and the secrecy envelopes mixed separately for each ballot  | 
| 119 | style. The votes on absentee ballots shall be included in the  | 
| 120 | total vote of the county. | 
| 121 |      Section 2.  This act shall take effect July 1, 2009. |