HB 335

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


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