1 | A bill to be entitled |
2 | An act relating to the federal write-in absentee ballot; |
3 | amending s. 101.6952, F.S.; authorizing absent uniformed |
4 | services voters and overseas voters to use the federal |
5 | write-in absentee ballot to vote in any federal and |
6 | certain state or local elections, under certain |
7 | circumstances; prescribing requirements for designating |
8 | candidate choices; providing for the disposition of valid |
9 | votes involving joint candidacies; allowing for |
10 | abbreviations, misspellings, and other minor variations in |
11 | the name of an office, candidate, or political party; |
12 | authorizing the submission of multiple ballots under |
13 | certain circumstances; detailing circumstances under which |
14 | votes in federal, state, and local races on the federal |
15 | write-in absentee ballot will be canvassed; amending s. |
16 | 101.5614, F.S.; establishing certain canvassing procedures |
17 | for federal write-in absentee ballots; amending s. |
18 | 102.166, F.S.; directing the Department of State to adopt |
19 | rules to determine what constitutes a valid vote on a |
20 | federal write-in absentee ballot; providing restrictions; |
21 | providing minimum requirements; reenacting s. 102.166(5), |
22 | F.S., to incorporate the amendment to s. 101.5614, F.S., |
23 | in a reference thereto; amending s. 104.18, F.S.; |
24 | conforming provisions to changes made by the act; |
25 | providing an effective date. |
26 |
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27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
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29 | Section 1. Section 101.6952, Florida Statutes, is amended |
30 | to read: |
31 | 101.6952 Absentee ballots for absent uniformed services |
32 | and overseas voters.- |
33 | (1) If an absent uniformed services voter's or an overseas |
34 | voter's request for an official absentee ballot pursuant to s. |
35 | 101.62 includes an e-mail address, the supervisor of elections |
36 | shall: |
37 | (a) Record the voter's e-mail address in the absentee |
38 | ballot record; |
39 | (b) Confirm by e-mail that the absentee ballot request was |
40 | received and include in that e-mail the estimated date the |
41 | absentee ballot will be sent to the voter; and |
42 | (c) Notify the voter by e-mail when the voted absentee |
43 | ballot is received by the supervisor of elections. |
44 | (2)(a) An absent uniformed services voter or an overseas |
45 | voter who makes timely application for but does not receive an |
46 | official absentee ballot may use the federal write-in absentee |
47 | ballot to vote in any federal election and any state or local |
48 | election involving two or more candidates. |
49 | (b)1. In an election for federal office, an elector may |
50 | designate a candidate by writing the name of a candidate on the |
51 | ballot. Except for a primary or special primary election, the |
52 | elector may alternatively designate a candidate by writing the |
53 | name of a political party on the ballot. A written designation |
54 | of the political party shall be counted as a vote for the |
55 | candidate of that party if there is such a party candidate in |
56 | the race. |
57 | 2. In an election for a state or local office, an elector |
58 | may vote in the section of the federal write-in absentee ballot |
59 | designated for nonfederal races by writing on the ballot the |
60 | title of each office and by writing on the ballot the name of |
61 | the candidate for whom the elector is voting. Except for a |
62 | primary, special primary, or nonpartisan election, the elector |
63 | may alternatively designate a candidate by writing the name of a |
64 | political party on the ballot. A written designation of the |
65 | political party shall be counted as a vote for the candidate of |
66 | that party if there is such a party candidate in the race. |
67 | (c) In the case of a joint candidacy, such as for the |
68 | offices of President/Vice President or Governor/Lieutenant |
69 | Governor, a valid vote for one or both qualified candidates on |
70 | the same ticket shall constitute a vote for the joint candidacy. |
71 | (d) For purposes of this subsection and except where the |
72 | context clearly indicates otherwise, such as where a candidate |
73 | in the election is affiliated with a political party whose name |
74 | includes the word "Independent," "Independence," or similar |
75 | term, a voter designation of "No Party Affiliation" or |
76 | "Independent," or any minor variation, misspelling, or |
77 | abbreviation thereof, shall be considered a designation for the |
78 | candidate, other than a write-in candidate, who qualified to run |
79 | in the race with no party affiliation. If more than one |
80 | candidate qualifies to run as a candidate with no party |
81 | affiliation, the designation shall not count for any candidate |
82 | unless there is a valid, additional designation of the |
83 | candidate's name. |
84 | (e) Any abbreviation, misspelling, or other minor |
85 | variation in the form of the name of an office, the name of a |
86 | candidate, or the name of a political party must be disregarded |
87 | in determining the validity of the ballot. |
88 | (3)(a) An absent uniformed services voter or an overseas |
89 | voter who submits a federal write-in absentee ballot and later |
90 | receives an official absentee ballot may submit the official |
91 | absentee ballot. An elector who submits a federal write-in |
92 | absentee ballot and later receives and submits an official |
93 | absentee ballot should make every reasonable effort to inform |
94 | the appropriate supervisor of elections that the elector has |
95 | submitted more than one ballot. |
96 | (b) A federal write-in absentee ballot may not be |
97 | canvassed until 7 p.m. on the day of the election. Each federal |
98 | write-in absentee ballot received by 7 p.m. on the day of the |
99 | election shall be canvassed pursuant to ss. 101.5614(5) and |
100 | 101.68, unless the elector's official absentee ballot is |
101 | received by 7 p.m. on election day. If the elector's official |
102 | absentee ballot is received by 7 p.m. on election day, the |
103 | federal write-in absentee ballot is invalid and the official |
104 | absentee ballot shall be canvassed. The time shall be regulated |
105 | by the customary time in standard use in the county seat of the |
106 | locality. |
107 | (4)(2) For absentee ballots received from absent uniformed |
108 | services voters or overseas voters, there is a presumption that |
109 | the envelope was mailed on the date stated on the outside of the |
110 | return envelope, regardless of the absence of a postmark on the |
111 | mailed envelope or the existence of a postmark date that is |
112 | later than the date of the election. |
113 | Section 2. Subsection (5) of section 101.5614, Florida |
114 | Statutes, is amended to read: |
115 | 101.5614 Canvass of returns.- |
116 | (5)(a) If any absentee ballot is physically damaged so |
117 | that it cannot properly be counted by the automatic tabulating |
118 | equipment, a true duplicate copy shall be made of the damaged |
119 | ballot in the presence of witnesses and substituted for the |
120 | damaged ballot. Likewise, a duplicate ballot shall be made of an |
121 | absentee ballot containing an overvoted race or a marked |
122 | absentee ballot in which every race is undervoted which shall |
123 | include all valid votes as determined by the canvassing board |
124 | based on rules adopted by the division pursuant to s. |
125 | 102.166(4). All duplicate ballots shall be clearly labeled |
126 | "duplicate," bear a serial number which shall be recorded on the |
127 | defective ballot, and be counted in lieu of the defective |
128 | ballot. After a ballot has been duplicated, the defective ballot |
129 | shall be placed in an envelope provided for that purpose, and |
130 | the duplicate ballot shall be tallied with the other ballots for |
131 | that precinct. |
132 | (b) A true duplicate copy shall be made of each federal |
133 | write-in absentee ballot in the presence of witnesses and |
134 | substituted for the federal write-in absentee ballot. The |
135 | duplicate ballot must include all valid votes as determined by |
136 | the canvassing board based on rules adopted by the division |
137 | pursuant to s. 102.166(4). All duplicate ballots shall be |
138 | clearly labeled "duplicate," bear a serial number that shall be |
139 | recorded on the federal write-in absentee ballot, and be counted |
140 | in lieu of the federal write-in absentee ballot. After a ballot |
141 | has been duplicated, the federal write-in absentee ballot shall |
142 | be placed in an envelope provided for that purpose, and the |
143 | duplicate ballot shall be tallied with other ballots for that |
144 | precinct. |
145 | Section 3. Subsection (4) of section 102.166, Florida |
146 | Statutes, is amended, and, for the purpose of incorporating the |
147 | amendment made by the act to section 101.5614, Florida Statutes, |
148 | in a reference thereto, subsection (5) of section 102.166, |
149 | Florida 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 |
152 | counted if there is a clear indication on the ballot that the |
153 | voter has made a definite choice. |
154 | (b) The Department of State shall adopt specific rules for |
155 | the federal write-in absentee ballot and for each certified |
156 | voting system prescribing what constitutes a "clear indication |
157 | on the ballot that the voter has made a definite choice." The |
158 | rules shall be consistent, to the extent practicable, and may |
159 | not: |
160 | 1. Exclusively provide that the voter must properly mark |
161 | or designate his or her choice on the ballot; or |
162 | 2. Contain a catch-all provision that fails to identify |
163 | specific standards, such as "any other mark or indication |
164 | clearly indicating that the voter has made a definite choice." |
165 | (c) The rule for the federal write-in absentee ballot must |
166 | address, at a minimum, the following issues: |
167 | 1. The appropriate lines or spaces for designating a |
168 | candidate choice and, for state and local races, the office to |
169 | be voted, including the proximity of each to the other and the |
170 | effect of intervening blank lines. |
171 | 2. The sufficiency of designating a candidate's first or |
172 | last name when no other candidate in the race has the same or a |
173 | similar name. |
174 | 3. The sufficiency of designating a candidate's first or |
175 | last name when an opposing candidate has the same or a similar |
176 | name, notwithstanding generational suffixes and titles such as |
177 | "Jr.," "Sr.," or "III." The rule should contemplate the |
178 | sufficiency of additional first names and first initials, middle |
179 | names and middle initials, generational suffixes and titles, |
180 | nicknames, and, in general elections, the name or abbreviation |
181 | of a political party. |
182 | 4. Candidate designations containing both a qualified |
183 | candidate's name and a political party, including where the |
184 | party designated is the candidate's party, is not the |
185 | candidate's party, has an opposing candidate in the race, or |
186 | does not have an opposing candidate in the race. |
187 | 5. Situations where the abbreviation or name of a |
188 | candidate is the same as the abbreviation or name of a political |
189 | party to which the candidate does not belong, including where |
190 | the party designated has another candidate in the race or does |
191 | not have a candidate in the race. |
192 | 6. The use of marks, symbols, or language, such as arrows, |
193 | quotation marks, or the word "same" or "ditto," to indicate that |
194 | the same political party designation applies to all listed |
195 | offices. |
196 | 7. Situations where an elector designates the name of a |
197 | qualified candidate for an incorrect office. |
198 | 8. Situations where an elector designates an otherwise |
199 | correct 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 |
202 | counting teams of at least two electors as is necessary to |
203 | manually recount the ballots. A counting team must have, when |
204 | possible, members of at least two political parties. A candidate |
205 | involved in the race shall not be a member of the counting team. |
206 | (b) Each duplicate ballot prepared pursuant to s. |
207 | 101.5614(5) or s. 102.141(7) shall be compared with the original |
208 | ballot to ensure the correctness of the duplicate. |
209 | (c) If a counting team is unable to determine whether the |
210 | ballot contains a clear indication that the voter has made a |
211 | definite choice, the ballot shall be presented to the county |
212 | canvassing board for a determination. |
213 | (d) The Department of State shall adopt detailed rules |
214 | prescribing additional recount procedures for each certified |
215 | voting system which shall be uniform to the extent practicable. |
216 | The 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 |
223 | representatives. |
224 | Section 4. Section 104.18, Florida Statutes, is amended to |
225 | read: |
226 | 104.18 Casting more than one ballot at any election.- |
227 | Except as provided in s. 101.6952, whoever willfully votes more |
228 | than one ballot at any election commits is guilty of a felony of |
229 | the third degree, punishable as provided in s. 775.082, s. |
230 | 775.083, or s. 775.084. |
231 | Section 5. This act shall take effect July 1, 2011. |