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

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