1 | A bill to be entitled |
2 | An act relating to elections; amending s. 101.6952, F.S.; |
3 | revising responsibilities of the supervisor of elections |
4 | when an overseas voter's request for an absentee ballot |
5 | includes an e-mail address; requiring the supervisor to |
6 | record the e-mail address in the absentee ballot record |
7 | and, via e-mail, confirm that the request was received, |
8 | inform the voter of the estimated date the ballot will be |
9 | sent, and notify the voter when the absentee ballot is |
10 | received; amending s. 101.697, F.S.; providing that an |
11 | overseas voter may request an absentee ballot and transmit |
12 | the voted ballot by facsimile or electronic mail; |
13 | providing that an overseas voter may request an absentee |
14 | ballot, vote, and return the ballot by other secured |
15 | transmission when certain criteria are met; requiring the |
16 | Department of State to adopt rules establishing the |
17 | process for accepting voted absentee ballots via |
18 | facsimile, e-mail, or other secure electronic means; |
19 | establishing minimum criteria; deleting existing |
20 | provisions relating to electronic transmission of election |
21 | materials to conform; providing an effective date. |
22 | |
23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
|
25 | Section 1. Section 101.6952, Florida Statutes, is amended |
26 | to read: |
27 | 101.6952 Absentee ballots for overseas voters.-- |
28 | (1) If an overseas voter's request for an absentee ballot |
29 | includes an e-mail address, the supervisor of elections shall: |
30 | (a) Record the voter's e-mail address in the absentee |
31 | ballot record; |
32 | (b) Confirm via e-mail that the absentee ballot request |
33 | was received and include in that e-mail the estimated date the |
34 | ballot will be sent to the voter; |
35 | (c) Inform the voter of the names of candidates who will |
36 | be on the ballots via electronic transmission. The supervisor of |
37 | elections shall e-mail to the voter the list of candidates for |
38 | the primary and general election not later than 30 days before |
39 | each election; and |
40 | (d) E-mail the voter when the voted absentee ballot is |
41 | received by the supervisor of elections. |
42 | (2) For absentee ballots received from overseas voters, |
43 | there is a presumption that the envelope was mailed on the date |
44 | stated on the outside of the return envelope, regardless of the |
45 | absence of a postmark on the mailed envelope or the existence of |
46 | a postmark date that is later than the date of the election. |
47 | Section 2. Section 101.697, Florida Statutes, is amended |
48 | to read: |
49 | 101.697 Electronic transmission of election materials.-- |
50 | (1) An overseas voter may request an absentee ballot and |
51 | transmit a voted absentee ballot via facsimile or electronic |
52 | mail to a supervisor of elections. |
53 | (2) An overseas voter may request an absentee ballot, |
54 | vote, and return a voted absentee ballot by other secured |
55 | transmission, provided the voting system process has been |
56 | approved by the Department of State. The department shall adopt |
57 | rules for the submission and approval of the secured |
58 | transmission process. |
59 | (3) The department shall adopt rules that provide the |
60 | process for accepting the voted absentee ballot via facsimile, |
61 | e-mail, or other secure electronic means. The rules must provide |
62 | at a minimum, the process for verifying the voter, establishing |
63 | the security of the transmission of the voted absentee ballot, |
64 | and recording the voted absentee ballot once received. The |
65 | Department of State shall determine whether secure electronic |
66 | means can be established for receiving ballots from overseas |
67 | voters. If such security can be established, the department |
68 | shall adopt rules to authorize a supervisor of elections to |
69 | accept from an overseas voter a request for an absentee ballot |
70 | or a voted absentee ballot by secure facsimile machine |
71 | transmission or other secure electronic means. The rules must |
72 | provide that in order to accept a voted ballot, the verification |
73 | of the voter must be established, the security of the |
74 | transmission must be established, and each ballot received must |
75 | be recorded. |
76 | Section 3. This act shall take effect upon becoming a law. |