CS/HB 131

1	A bill to be entitled
2	An act relating to absent uniformed services and overseas
3	voters; amending s. 97.021, F.S.; defining the term
4	"absent uniformed services voter"; revising the definition
5	of the term "overseas voter"; amending s. 98.0981, F.S.,
6	relating to statewide voter information; conforming a
7	cross-reference; amending s. 101.62, F.S.; requiring the
8	supervisor of elections to notify the absent uniformed
9	services voter and overseas voter of the free access
10	system for determining absentee ballot status; providing a
11	timeframe for an absentee ballot to be sent to each absent
12	uniformed services voter and overseas voter; providing
13	acceptable formats for requesting an absentee ballot;
14	modifying circumstances under which the department is
15	authorized to prescribe rules for a ballot to be sent to
16	absent uniformed services voters and overseas voters;
17	amending s. 101.694, F.S.; conforming timeframes for
18	sending an absentee ballot upon receipt of federal
19	postcard application to those prescribed in s. 101.62,
20	F.S.; deleting the requirement for a federal postcard
21	application request to be effective through two regularly
22	scheduled general elections pursuant to changes in federal
23	law; amending s. 101.6952, F.S.; revising responsibilities
24	of the supervisor of elections when an overseas voter's
25	request for an absentee ballot includes an e-mail address;
26	requiring the supervisor to record the e-mail address in
27	the absentee ballot record and, via e-mail, confirm that
28	the request was received, inform the voter of the
29	estimated date the absentee ballot will be sent, and
30	notify the voter when the voted absentee ballot is
31	received; amending s. 379.352, F.S., relating to
32	recreational licenses and permits; conforming cross-
33	references; providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  Subsections (2) through (43) of section 97.021,
38	Florida Statutes, are renumbered as subsections (3) through
39	(44), respectively, a new subsection (2) is added to that
40	section, and present subsection (22) of that section is amended,
41	to read:
42	97.021  Definitions.-For the purposes of this code, except
43	where the context clearly indicates otherwise, the term:
44	(2)  "Absent uniformed services voter" means:
45	(a)  A member of a uniformed service on active duty who, by
46	reason of such active duty, is absent from the place of
47	residence where the member is otherwise qualified to vote;
48	(b)  A member of the merchant marine who, by reason of
49	service in the merchant marine, is absent from the place of
50	residence where the member is otherwise qualified to vote; or
51	(c)  A spouse or dependent of a member referred to in
52	paragraph (a) or paragraph (b) who, by reason of the active duty
53	or service of the member, is absent from the place of residence
54	where the spouse or dependent is otherwise qualified to vote.
55	(23)(22)  "Overseas voter" means:
56	(a)  An absent uniformed services voter who, by reason of
57	active duty or service, is absent from the United States on the
58	date of the election involved Members of the uniformed services
59	while in the active service who are permanent residents of the
60	state and are temporarily residing outside the territorial
61	limits of the United States and the District of Columbia;
62	(b)  A person who resides outside the United States and is
63	qualified to vote in the last place in which the person was
64	domiciled before leaving the United States Members of the
65	Merchant Marine of the United States who are permanent residents
66	of the state and are temporarily residing outside the
67	territorial limits of the United States and the District of
68	Columbia; or and
69	(c)  A person who resides outside the United States and,
70	but for such residence, would be qualified to vote in the last
71	place in which the person was domiciled before leaving the
72	United States Other citizens of the United States who are
73	permanent residents of the state and are temporarily residing
74	outside the territorial limits of the United States and the
75	District of Columbia,
76
77	who are qualified and registered to vote as provided by law.
78	Section 2.  Subsection (3) of section 98.0981, Florida
79	Statutes, is amended to read:
80	98.0981  Reports; voting history; statewide voter
81	registration system information; precinct-level election
82	results; book closing statistics.-
83	(3)  PRECINCT-LEVEL BOOK CLOSING STATISTICS.-After the date
84	of book closing but before the date of an election as defined in
85	s. 97.021(11)(10) to fill a national, state, county, or district
86	office, or to vote on a proposed constitutional amendment, the
87	department shall compile the following precinct-level
88	statistical data for each county:
89	(a)  Precinct numbers.
90	(b)  Total number of active registered voters by party for
91	each precinct.
92	Section 3.  Paragraph (c) is added to subsection (1) of
93	section 101.62, Florida Statutes, and subsections (4) and (5) of
94	that section are amended to read:
95	101.62  Request for absentee ballots.-
96	(1)
97	(c)  Upon receiving a request for an absentee ballot from
98	an absent uniformed services voter or overseas voter, the
99	supervisor of elections shall notify the voter of the free
100	access system that has been designated by the department for
101	determining the status of his or her absentee ballot.
102	(2)  A request for an absentee ballot to be mailed to a
103	voter must be received no later than 5 p.m. on the sixth day
104	before the election by the supervisor of elections. The
105	supervisor of elections shall mail absentee ballots to voters
106	requesting ballots by such deadline no later than 4 days before
107	the election.
108	(4)(a)  No later than 45 days before each election, the
109	supervisor of elections shall send an absentee ballot as
110	provided in subparagraph (b)2. to each absent uniformed services
111	voter and to each overseas voter who has requested an absentee
112	ballot. To each absent qualified elector overseas who has
113	requested an absentee ballot, the supervisor of elections
114	mail an absentee ballot not less than 35 days before the
115	election and not less than 45 days before the general
116	(b)  The supervisor shall provide an absentee ballot to
117	each elector by whom a request for that ballot has been made by
118	one of the following means:
119	1.  By nonforwardable, return-if-undeliverable mail to the
120	elector's current mailing address on file with the supervisor,
121	unless the elector specifies in the request that:
122	a.  The elector is absent from the county and does not plan
123	to return before the day of the election;
124	b.  The elector is temporarily unable to occupy the
125	residence because of hurricane, tornado, flood, fire, or other
126	emergency or natural disaster; or
127	c.  The elector is in a hospital, assisted living facility,
128	nursing home, short-term medical or rehabilitation facility, or
129	correctional facility,
130
131	in which case the supervisor shall mail the ballot by
132	nonforwardable, return-if-undeliverable mail to any other
133	address the elector specifies in the request.
134	2.  By forwardable mail, e-mail, or facsimile machine
135	transmission to absent uniformed services voters and overseas
136	voters who are entitled to vote by absentee ballot under the
137	Uniformed and Overseas Citizens Absentee Voting Act. The absent
138	uniformed services voter or overseas voter may designate in the
139	absentee ballot request the preferred method of transmission. If
140	the voter does not designate the method of transmission, the
141	absentee ballot shall be mailed.
142	3.  By personal delivery before 7 p.m. on election day to
143	the elector, upon presentation of the identification required in
144	s. 101.043.
145	4.  By delivery to a designee on election day or up to 5
146	days prior to the day of an election. Any elector may designate
147	in writing a person to pick up the ballot for the elector;
148	however, the person designated may not pick up more than two
149	absentee ballots per election, other than the designee's own
150	ballot, except that additional ballots may be picked up for
151	members of the designee's immediate family. For purposes of this
152	section, "immediate family" means the designee's spouse or the
153	parent, child, grandparent, or sibling of the designee or of the
154	designee's spouse. The designee shall provide to the supervisor
155	the written authorization by the elector and a picture
156	identification of the designee and must complete an affidavit.
157	The designee shall state in the affidavit that the designee is
158	authorized by the elector to pick up that ballot and shall
159	indicate if the elector is a member of the designee's immediate
160	family and, if so, the relationship. The department shall
161	prescribe the form of the affidavit. If the supervisor is
162	satisfied that the designee is authorized to pick up the ballot
163	and that the signature of the elector on the written
164	authorization matches the signature of the elector on file, the
165	supervisor shall give the ballot to that designee for delivery
166	to the elector.
167	(5)  In the event that the department Elections Canvassing
168	Commission is unable to certify candidates for the results of an
169	election for a state office in time to comply
170	(4)(a) subsection (4), the Department of State is authorized to
171	prescribe rules for a ballot to be sent to absent uniformed
172	services voters and electors overseas voters.
173	Section 4.  Subsection (1) of section 101.694, Florida
174	Statutes, is amended to read:
175	101.694  Mailing of ballots upon receipt of federal
176	postcard application.-
177	(1)  Upon receipt of a federal postcard application for an
178	absentee ballot executed by a person whose registration is in
179	order or whose application is sufficient to register or update
180	the registration of that person, the supervisor shall send the
181	ballot in accordance with s. 101.62(4) mail to the applicant a
182	ballot, if the ballots are available for mailing. The federal
183	postcard application request for an absentee ballot shall be
184	effective for all elections through the next two regularly
185	scheduled general elections.
186	Section 5.  Section 101.6952, Florida Statutes, is amended
187	to read:
188	101.6952  Absentee ballots for overseas voters.-
189	(1)  If an overseas voter's request for an absentee ballot
190	includes an e-mail address, the supervisor of elections shall:
191	(a)  Record the voter's e-mail address in the absentee
192	ballot record;
193	(b)  Confirm by e-mail that the absentee ballot request was
194	received and include in that e-mail the estimated date the
195	absentee ballot will be sent to the voter;
196	(c)  Inform the voter of the names of candidates who will
197	be on the ballots via electronic transmission. The supervisor of
198	elections shall e-mail to the voter the list of candidates for
199	the primary and general election not later than 30 days before
200	each election; and
201	(d)  Notify the voter by e-mail when the voted absentee
202	ballot is received by the supervisor of elections.
203	(2)  For absentee ballots received from overseas voters,
204	there is a presumption that the envelope was mailed on the date
205	stated on the outside of the return envelope, regardless of the
206	absence of a postmark on the mailed envelope or the existence of
207	a postmark date that is later than the date of the election.
208	Section 6.  Subsection (11) of section 379.352, Florida
209	Statutes, is amended to read:
210	379.352  Recreational licenses, permits, and authorization
211	numbers to take wild animal life, freshwater aquatic life, and
212	marine life; issuance; costs; reporting.-
213	(11)  When acting in its official capacity pursuant to this
214	section, neither the commission nor a subagent is deemed a
215	third-party registration organization, as defined in s.
216	97.021(37)(36), or a voter registration agency, as defined in s.
217	97.021(41)(40), and is not authorized to solicit, accept, or
218	collect voter registration applications or provide voter
219	registration services.
220	Section 7.  This act shall take effect July 1, 2010.

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