Florida Senate - 2011                              CS for SB 378
       
       
       
       By the Committee on Rules Subcommittee on Ethics and Elections;
       and Senator Gaetz
       
       
       
       582-02144-11                                           2011378c1
    1                        A bill to be entitled                      
    2         An act relating to the federal write-in absentee
    3         ballot; amending s. 101.6952, F.S.; authorizing absent
    4         uniformed services voters and overseas voters to use
    5         the federal write-in absentee ballot to vote in any
    6         federal and certain state or local elections, under
    7         certain circumstances; prescribing requirements for
    8         designating candidate choices; providing for the
    9         disposition of valid votes involving joint
   10         candidacies; allowing for abbreviations, misspellings,
   11         and other minor variations in the name of an office,
   12         candidate, or political party; authorizing the
   13         submission of multiple ballots under certain
   14         circumstances; detailing circumstances under which
   15         votes in federal, state, and local races on the
   16         federal write-in absentee ballot will be canvassed;
   17         amending s. 101.5614, F.S.; establishing certain
   18         canvassing procedures for federal write-in absentee
   19         ballots; amending s. 102.166, F.S.; directing the
   20         Department of State to adopt rules to determine what
   21         constitutes a valid vote on a federal write-in
   22         absentee ballot; providing restrictions; providing
   23         minimum requirements; reenacting s. 102.166(5), F.S.,
   24         to incorporate the amendment to s. 101.5614, F.S., in
   25         a reference thereto; amending s. 104.18, F.S.;
   26         conforming provisions to changes made by the act;
   27         providing an effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 101.6952, Florida Statutes, is amended
   32  to read:
   33         101.6952 Absentee ballots for absent uniformed services and
   34  overseas voters.—
   35         (1) If an absent uniformed services voter’s or an overseas
   36  voter’s request for an official absentee ballot pursuant to s.
   37  101.62 includes an e-mail address, the supervisor of elections
   38  shall:
   39         (a) Record the voter’s e-mail address in the absentee
   40  ballot record;
   41         (b) Confirm by e-mail that the absentee ballot request was
   42  received and include in that e-mail the estimated date the
   43  absentee ballot will be sent to the voter; and
   44         (c) Notify the voter by e-mail when the voted absentee
   45  ballot is received by the supervisor of elections.
   46         (2)(a) An absent uniformed services voter or an overseas
   47  voter who makes timely application for but does not receive an
   48  official absentee ballot may use the federal write-in absentee
   49  ballot to vote in any federal election and any state or local
   50  election involving two or more candidates.
   51         (b)1.In an election for federal office, an elector may
   52  designate a candidate by writing the name of a candidate on the
   53  ballot. Except for a primary or special primary election, the
   54  elector may alternatively designate a candidate by writing the
   55  name of a political party on the ballot. A written designation
   56  of the political party shall be counted as a vote for the
   57  candidate of that party if there is such a party candidate in
   58  the race.
   59         2.In an election for a state or local office, an elector
   60  may vote in the section of the federal write-in absentee ballot
   61  designated for nonfederal races by writing on the ballot the
   62  title of each office and by writing on the ballot the name of
   63  the candidate for whom the elector is voting. Except for a
   64  primary, special primary, or nonpartisan election, the elector
   65  may alternatively designate a candidate by writing the name of a
   66  political party on the ballot. A written designation of the
   67  political party shall be counted as a vote for the candidate of
   68  that party if there is such a party candidate in the race.
   69         (c) In the case of a joint candidacy, such as for the
   70  offices of President/Vice President or Governor/Lieutenant
   71  Governor, a valid vote for one or both qualified candidates on
   72  the same ticket shall constitute a vote for the joint candidacy.
   73         (d) For purposes of this subsection and except where the
   74  context clearly indicates otherwise, such as where a candidate
   75  in the election is affiliated with a political party whose name
   76  includes the word “Independent,” “Independence,” or similar
   77  term, a voter designation of “No Party Affiliation” or
   78  “Independent,” or any minor variation, misspelling, or
   79  abbreviation thereof, shall be considered a designation for the
   80  candidate, other than a write-in candidate, who qualified to run
   81  in the race with no party affiliation. If more than one
   82  candidate qualifies to run as a candidate with no party
   83  affiliation, the designation shall not count for any candidate
   84  unless there is a valid, additional designation of the
   85  candidate’s name.
   86         (e) Any abbreviation, misspelling, or other minor variation
   87  in the form of the name of an office, the name of a candidate,
   88  or the name of a political party must be disregarded in
   89  determining the validity of the ballot.
   90         (3)(a)An absent uniformed services voter or an overseas
   91  voter who submits a federal write-in absentee ballot and later
   92  receives an official absentee ballot may submit the official
   93  absentee ballot. An elector who submits a federal write-in
   94  absentee ballot and later receives and submits an official
   95  absentee ballot should make every reasonable effort to inform
   96  the appropriate supervisor of elections that the elector has
   97  submitted more than one ballot.
   98         (b)A federal write-in absentee ballot may not be canvassed
   99  until 7 p.m. on the day of the election. Each federal write-in
  100  absentee ballot received by 7 p.m. on the day of the election
  101  shall be canvassed pursuant to ss. 101.5614(5) and 101.68,
  102  unless the elector’s official absentee ballot is received by 7
  103  p.m. on election day. If the elector’s official absentee ballot
  104  is received by 7 p.m. on election day, the federal write-in
  105  absentee ballot is invalid and the official absentee ballot
  106  shall be canvassed. The time shall be regulated by the customary
  107  time in standard use in the county seat of the locality.
  108         (4)(2) For absentee ballots received from absent uniformed
  109  services voters or overseas voters, there is a presumption that
  110  the envelope was mailed on the date stated on the outside of the
  111  return envelope, regardless of the absence of a postmark on the
  112  mailed envelope or the existence of a postmark date that is
  113  later than the date of the election.
  114         Section 2. Subsection (5) of section 101.5614, Florida
  115  Statutes, is amended to read:
  116         101.5614 Canvass of returns.—
  117         (5)(a) If any absentee ballot is physically damaged so that
  118  it cannot properly be counted by the automatic tabulating
  119  equipment, a true duplicate copy shall be made of the damaged
  120  ballot in the presence of witnesses and substituted for the
  121  damaged ballot. Likewise, a duplicate ballot shall be made of an
  122  absentee ballot containing an overvoted race or a marked
  123  absentee ballot in which every race is undervoted which shall
  124  include all valid votes as determined by the canvassing board
  125  based on rules adopted by the division pursuant to s.
  126  102.166(4). All duplicate ballots shall be clearly labeled
  127  “duplicate,” bear a serial number which shall be recorded on the
  128  defective ballot, and be counted in lieu of the defective
  129  ballot. After a ballot has been duplicated, the defective ballot
  130  shall be placed in an envelope provided for that purpose, and
  131  the duplicate ballot shall be tallied with the other ballots for
  132  that precinct.
  133         (b)A true duplicate copy shall be made of each federal
  134  write-in absentee ballot in the presence of witnesses and
  135  substituted for the federal write-in absentee ballot. The
  136  duplicate ballot must include all valid votes as determined by
  137  the canvassing board based on rules adopted by the division
  138  pursuant to s. 102.166(4). All duplicate ballots shall be
  139  clearly labeled “duplicate,” bear a serial number that shall be
  140  recorded on the federal write-in absentee ballot, and be counted
  141  in lieu of the federal write-in absentee ballot. After a ballot
  142  has been duplicated, the federal write-in absentee ballot shall
  143  be placed in an envelope provided for that purpose, and the
  144  duplicate ballot shall be tallied with other ballots for that
  145  precinct.
  146         Section 3. Subsection (4) of section 102.166, Florida
  147  Statutes, is amended, and, for the purpose of incorporating the
  148  amendment made by the act to section 101.5614, Florida Statutes,
  149  in a reference thereto, subsection (5) of section 102.166,
  150  Florida Statutes, is reenacted, to read:
  151         102.166 Manual recounts of overvotes and undervotes.—
  152         (4)(a) A vote for a candidate or ballot measure shall be
  153  counted if there is a clear indication on the ballot that the
  154  voter has made a definite choice.
  155         (b) The Department of State shall adopt specific rules for
  156  the federal write-in absentee ballot and for each certified
  157  voting system prescribing what constitutes a “clear indication
  158  on the ballot that the voter has made a definite choice.” The
  159  rules shall be consistent, to the extent practicable, and may
  160  not:
  161         1. Exclusively provide that the voter must properly mark or
  162  designate his or her choice on the ballot; or
  163         2. Contain a catch-all provision that fails to identify
  164  specific standards, such as “any other mark or indication
  165  clearly indicating that the voter has made a definite choice.”
  166         (c) The rule for the federal write-in absentee ballot must
  167  address, at a minimum, the following issues:
  168         1. The appropriate lines or spaces for designating a
  169  candidate choice and, for state and local races, the office to
  170  be voted, including the proximity of each to the other and the
  171  effect of intervening blank lines.
  172         2. The sufficiency of designating a candidate’s first or
  173  last name when no other candidate in the race has the same or a
  174  similar name.
  175         3. The sufficiency of designating a candidate’s first or
  176  last name when an opposing candidate has the same or a similar
  177  name, notwithstanding generational suffixes and titles such as
  178  “Jr.,” “Sr.,” or “III.” The rule should contemplate the
  179  sufficiency of additional first names and first initials, middle
  180  names and middle initials, generational suffixes and titles,
  181  nicknames, and, in general elections, the name or abbreviation
  182  of a political party.
  183         4. Candidate designations containing both a qualified
  184  candidate’s name and a political party, including where the
  185  party designated is the candidate’s party, is not the
  186  candidate’s party, has an opposing candidate in the race, or
  187  does not have an opposing candidate in the race.
  188         5. Situations where the abbreviation or name of a candidate
  189  is the same as the abbreviation or name of a political party to
  190  which the candidate does not belong, including where the party
  191  designated has another candidate in the race or does not have a
  192  candidate in the race.
  193         6. The use of marks, symbols, or language, such as arrows,
  194  quotation marks, or the word “same” or “ditto,” to indicate that
  195  the same political party designation applies to all listed
  196  offices.
  197         7. Situations where an elector designates the name of a
  198  qualified candidate for an incorrect office.
  199         8. Situations where an elector designates an otherwise
  200  correct office name that includes an incorrect district number.
  201         (5) Procedures for a manual recount are as follows:
  202         (a) The county canvassing board shall appoint as many
  203  counting teams of at least two electors as is necessary to
  204  manually recount the ballots. A counting team must have, when
  205  possible, members of at least two political parties. A candidate
  206  involved in the race shall not be a member of the counting team.
  207         (b) Each duplicate ballot prepared pursuant to s.
  208  101.5614(5) or s. 102.141(7) shall be compared with the original
  209  ballot to ensure the correctness of the duplicate.
  210         (c) If a counting team is unable to determine whether the
  211  ballot contains a clear indication that the voter has made a
  212  definite choice, the ballot shall be presented to the county
  213  canvassing board for a determination.
  214         (d) The Department of State shall adopt detailed rules
  215  prescribing additional recount procedures for each certified
  216  voting system which shall be uniform to the extent practicable.
  217  The rules shall address, at a minimum, the following areas:
  218         1. Security of ballots during the recount process;
  219         2. Time and place of recounts;
  220         3. Public observance of recounts;
  221         4. Objections to ballot determinations;
  222         5. Record of recount proceedings; and
  223         6. Procedures relating to candidate and petitioner
  224  representatives.
  225         Section 4. Section 104.18, Florida Statutes, is amended to
  226  read:
  227         104.18 Casting more than one ballot at any election.—Except
  228  as provided in s. 101.6952, whoever willfully votes more than
  229  one ballot at any election commits is guilty of a felony of the
  230  third degree, punishable as provided in s. 775.082, s. 775.083,
  231  or s. 775.084.
  232         Section 5. This act shall take effect July 1, 2011.