CS/HB 227

1
A bill to be entitled
2An act relating to the federal write-in absentee ballot;
3amending s. 101.6952, F.S.; authorizing absent uniformed
4services voters and overseas voters to use the federal
5write-in absentee ballot to vote in any federal and
6certain state or local elections, under certain
7circumstances; prescribing requirements for designating
8candidate choices; providing for the disposition of valid
9votes involving joint candidacies; allowing for
10abbreviations, misspellings, and other minor variations in
11the name of an office, candidate, or political party;
12authorizing the submission of multiple ballots under
13certain circumstances; detailing circumstances under which
14votes in federal, state, and local races on the federal
15write-in absentee ballot will be canvassed; amending s.
16101.5614, F.S.; establishing certain canvassing procedures
17for federal write-in absentee ballots; amending s.
18102.166, F.S.; directing the Department of State to adopt
19rules to determine what constitutes a valid vote on a
20federal write-in absentee ballot; providing restrictions;
21providing minimum requirements; reenacting s. 102.166(5),
22F.S., to incorporate the amendment to s. 101.5614, F.S.,
23in a reference thereto; amending s. 104.18, F.S.;
24conforming provisions to changes made by the act;
25providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 101.6952, Florida Statutes, is amended
30to read:
31     101.6952  Absentee ballots for absent uniformed services
32and overseas voters.-
33     (1)  If an absent uniformed services voter's or an overseas
34voter's request for an official absentee ballot pursuant to s.
35101.62 includes an e-mail address, the supervisor of elections
36shall:
37     (a)  Record the voter's e-mail address in the absentee
38ballot record;
39     (b)  Confirm by e-mail that the absentee ballot request was
40received and include in that e-mail the estimated date the
41absentee ballot will be sent to the voter; and
42     (c)  Notify the voter by e-mail when the voted absentee
43ballot is received by the supervisor of elections.
44     (2)(a)  An absent uniformed services voter or an overseas
45voter who makes timely application for but does not receive an
46official absentee ballot may use the federal write-in absentee
47ballot to vote in any federal election and any state or local
48election involving two or more candidates.
49     (b)1.  In an election for federal office, an elector may
50designate a candidate by writing the name of a candidate on the
51ballot. Except for a primary or special primary election, the
52elector may alternatively designate a candidate by writing the
53name of a political party on the ballot. A written designation
54of the political party shall be counted as a vote for the
55candidate of that party if there is such a party candidate in
56the race.
57     2.  In an election for a state or local office, an elector
58may vote in the section of the federal write-in absentee ballot
59designated for nonfederal races by writing on the ballot the
60title of each office and by writing on the ballot the name of
61the candidate for whom the elector is voting. Except for a
62primary, special primary, or nonpartisan election, the elector
63may alternatively designate a candidate by writing the name of a
64political party on the ballot. A written designation of the
65political party shall be counted as a vote for the candidate of
66that party if there is such a party candidate in the race.
67     (c)  In the case of a joint candidacy, such as for the
68offices of President/Vice President or Governor/Lieutenant
69Governor, a valid vote for one or both qualified candidates on
70the same ticket shall constitute a vote for the joint candidacy.
71     (d)  For purposes of this subsection and except where the
72context clearly indicates otherwise, such as where a candidate
73in the election is affiliated with a political party whose name
74includes the word "Independent," "Independence," or similar
75term, a voter designation of "No Party Affiliation" or
76"Independent," or any minor variation, misspelling, or
77abbreviation thereof, shall be considered a designation for the
78candidate, other than a write-in candidate, who qualified to run
79in the race with no party affiliation. If more than one
80candidate qualifies to run as a candidate with no party
81affiliation, the designation shall not count for any candidate
82unless there is a valid, additional designation of the
83candidate's name.
84     (e)  Any abbreviation, misspelling, or other minor
85variation in the form of the name of an office, the name of a
86candidate, or the name of a political party must be disregarded
87in determining the validity of the ballot.
88     (3)(a)  An absent uniformed services voter or an overseas
89voter who submits a federal write-in absentee ballot and later
90receives an official absentee ballot may submit the official
91absentee ballot. An elector who submits a federal write-in
92absentee ballot and later receives and submits an official
93absentee ballot should make every reasonable effort to inform
94the appropriate supervisor of elections that the elector has
95submitted more than one ballot.
96     (b)  A federal write-in absentee ballot may not be
97canvassed until 7 p.m. on the day of the election. Each federal
98write-in absentee ballot received by 7 p.m. on the day of the
99election shall be canvassed pursuant to ss. 101.5614(5) and
100101.68, unless the elector's official absentee ballot is
101received by 7 p.m. on election day. If the elector's official
102absentee ballot is received by 7 p.m. on election day, the
103federal write-in absentee ballot is invalid and the official
104absentee ballot shall be canvassed. The time shall be regulated
105by the customary time in standard use in the county seat of the
106locality.
107     (4)(2)  For absentee ballots received from absent uniformed
108services voters or overseas voters, there is a presumption that
109the envelope was mailed on the date stated on the outside of the
110return envelope, regardless of the absence of a postmark on the
111mailed envelope or the existence of a postmark date that is
112later than the date of the election.
113     Section 2.  Subsection (5) of section 101.5614, Florida
114Statutes, is amended to read:
115     101.5614  Canvass of returns.-
116     (5)(a)  If any absentee ballot is physically damaged so
117that it cannot properly be counted by the automatic tabulating
118equipment, a true duplicate copy shall be made of the damaged
119ballot in the presence of witnesses and substituted for the
120damaged ballot. Likewise, a duplicate ballot shall be made of an
121absentee ballot containing an overvoted race or a marked
122absentee ballot in which every race is undervoted which shall
123include all valid votes as determined by the canvassing board
124based on rules adopted by the division pursuant to s.
125102.166(4). All duplicate ballots shall be clearly labeled
126"duplicate," bear a serial number which shall be recorded on the
127defective ballot, and be counted in lieu of the defective
128ballot. After a ballot has been duplicated, the defective ballot
129shall be placed in an envelope provided for that purpose, and
130the duplicate ballot shall be tallied with the other ballots for
131that precinct.
132     (b)  A true duplicate copy shall be made of each federal
133write-in absentee ballot in the presence of witnesses and
134substituted for the federal write-in absentee ballot. The
135duplicate ballot must include all valid votes as determined by
136the canvassing board based on rules adopted by the division
137pursuant to s. 102.166(4). All duplicate ballots shall be
138clearly labeled "duplicate," bear a serial number that shall be
139recorded on the federal write-in absentee ballot, and be counted
140in lieu of the federal write-in absentee ballot. After a ballot
141has been duplicated, the federal write-in absentee ballot shall
142be placed in an envelope provided for that purpose, and the
143duplicate ballot shall be tallied with other ballots for that
144precinct.
145     Section 3.  Subsection (4) of section 102.166, Florida
146Statutes, is amended, and, for the purpose of incorporating the
147amendment made by the act to section 101.5614, Florida Statutes,
148in a reference thereto, subsection (5) of section 102.166,
149Florida Statutes, is reenacted, to read:
150     102.166  Manual recounts of overvotes and undervotes.-
151     (4)(a)  A vote for a candidate or ballot measure shall be
152counted if there is a clear indication on the ballot that the
153voter has made a definite choice.
154     (b)  The Department of State shall adopt specific rules for
155the federal write-in absentee ballot and for each certified
156voting system prescribing what constitutes a "clear indication
157on the ballot that the voter has made a definite choice." The
158rules shall be consistent, to the extent practicable, and may
159not:
160     1.  Exclusively provide that the voter must properly mark
161or designate his or her choice on the ballot; or
162     2.  Contain a catch-all provision that fails to identify
163specific standards, such as "any other mark or indication
164clearly indicating that the voter has made a definite choice."
165     (c)  The rule for the federal write-in absentee ballot must
166address, at a minimum, the following issues:
167     1.  The appropriate lines or spaces for designating a
168candidate choice and, for state and local races, the office to
169be voted, including the proximity of each to the other and the
170effect of intervening blank lines.
171     2.  The sufficiency of designating a candidate's first or
172last name when no other candidate in the race has the same or a
173similar name.
174     3.  The sufficiency of designating a candidate's first or
175last name when an opposing candidate has the same or a similar
176name, notwithstanding generational suffixes and titles such as
177"Jr.," "Sr.," or "III." The rule should contemplate the
178sufficiency of additional first names and first initials, middle
179names and middle initials, generational suffixes and titles,
180nicknames, and, in general elections, the name or abbreviation
181of a political party.
182     4.  Candidate designations containing both a qualified
183candidate's name and a political party, including where the
184party designated is the candidate's party, is not the
185candidate's party, has an opposing candidate in the race, or
186does not have an opposing candidate in the race.
187     5.  Situations where the abbreviation or name of a
188candidate is the same as the abbreviation or name of a political
189party to which the candidate does not belong, including where
190the party designated has another candidate in the race or does
191not have a candidate in the race.
192     6.  The use of marks, symbols, or language, such as arrows,
193quotation marks, or the word "same" or "ditto," to indicate that
194the same political party designation applies to all listed
195offices.
196     7.  Situations where an elector designates the name of a
197qualified candidate for an incorrect office.
198     8.  Situations where an elector designates an otherwise
199correct office name that includes an incorrect district number.
200     (5)  Procedures for a manual recount are as follows:
201     (a)  The county canvassing board shall appoint as many
202counting teams of at least two electors as is necessary to
203manually recount the ballots. A counting team must have, when
204possible, members of at least two political parties. A candidate
205involved in the race shall not be a member of the counting team.
206     (b)  Each duplicate ballot prepared pursuant to s.
207101.5614(5) or s. 102.141(7) shall be compared with the original
208ballot to ensure the correctness of the duplicate.
209     (c)  If a counting team is unable to determine whether the
210ballot contains a clear indication that the voter has made a
211definite choice, the ballot shall be presented to the county
212canvassing board for a determination.
213     (d)  The Department of State shall adopt detailed rules
214prescribing additional recount procedures for each certified
215voting system which shall be uniform to the extent practicable.
216The rules shall address, at a minimum, the following areas:
217     1.  Security of ballots during the recount process;
218     2.  Time and place of recounts;
219     3.  Public observance of recounts;
220     4.  Objections to ballot determinations;
221     5.  Record of recount proceedings; and
222     6.  Procedures relating to candidate and petitioner
223representatives.
224     Section 4.  Section 104.18, Florida Statutes, is amended to
225read:
226     104.18  Casting more than one ballot at any election.-
227Except as provided in s. 101.6952, whoever willfully votes more
228than one ballot at any election commits is guilty of a felony of
229the third degree, punishable as provided in s. 775.082, s.
230775.083, or s. 775.084.
231     Section 5.  This act shall take effect July 1, 2011.


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