Florida Senate - 2013                       CS for CS for SB 600
       
       
       
       By the Committees on Community Affairs; and Ethics and
       Elections; and Senator Latvala
       
       
       
       578-03426-13                                           2013600c2
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 97.0555,
    3         F.S.; revising qualifications for late voter
    4         registration; creating s. 100.032, F.S.; requiring
    5         supervisors of elections to submit a report to the
    6         Secretary of State at least 3 months before a general
    7         election; specifying the content of the report;
    8         amending s. 100.061, F.S.; decreasing the time period
    9         between a primary election and a general election;
   10         amending s. 101.161, F.S.; providing a limitation on
   11         the number of words for certain ballot summaries in
   12         joint resolutions proposed by the Legislature;
   13         deleting a provision providing that a ballot statement
   14         consisting of the full text of a constitutional
   15         amendment or revision is presumed to be a clear and
   16         unambiguous statement; amending s. 101.5605, F.S.;
   17         requiring a person to provide the name, mailing
   18         address, and telephone number of a registered agent of
   19         a voting systems vendor to the Department of State
   20         under certain circumstances; providing that proof of
   21         delivery or attempt to deliver constitutes valid
   22         notice; creating s. 101.56065, F.S.; providing
   23         definitions; requiring a vendor to file a written
   24         disclosure with the department; providing requirements
   25         for the disclosure; providing what constitutes a cure
   26         of a defect; requiring a vendor to file a new
   27         disclosure with the department if a vendor becomes
   28         aware of a defect within a specified period;
   29         authorizing the department to suspend all sales or
   30         leases or use in an election of a defective voting
   31         system; authorizing the department to suspend all
   32         sales or leases or use in an election of a defective
   33         voting system; providing procedures for the suspension
   34         of voting systems; authorizing the department to
   35         withdraw approval of voting systems under certain
   36         circumstances; authorizing the department to initiate
   37         an investigation of a defective voting system;
   38         establishing procedures and requirements of
   39         investigations; providing a penalty; repealing s.
   40         101.56075(4), F.S., relating to the requirement that
   41         all voting systems used by voters in a state election
   42         allow placement of the full text of a constitutional
   43         amendment or revision containing stricken or
   44         underlined text by a specified date; amending s.
   45         101.591, F.S.; authorizing use of automated,
   46         independent audits of voting systems; providing audit
   47         requirements; requiring the Division of Elections to
   48         adopt rules; amending s. 101.62, F.S.; revising the
   49         requirements for a valid absentee ballot request;
   50         requiring the supervisor to record the absence of the
   51         voter’s signature on the voter’s certificate under
   52         specified circumstances; prohibiting the supervisor
   53         from providing an absentee ballot on the day of an
   54         election under certain circumstances; requiring a
   55         person who requests an absentee ballot to complete an
   56         affidavit under certain circumstances; amending s.
   57         101.64, F.S.; revising the requirements for a voter’s
   58         certificate; amending s. 101.65, F.S.; revising the
   59         instructions to absent electors; amending s. 101.657,
   60         F.S.; revising the list of permissible sites available
   61         for early voting; authorizing the supervisor to
   62         designate one additional early voting site per
   63         election; providing requirements; requiring each
   64         county to operate at least the same number of early
   65         voting sites as used for the 2012 general election;
   66         revising the number of days and hours for early
   67         voting; amending s. 101.67, F.S.; conforming a
   68         provision to changes made by the act; amending s.
   69         101.68, F.S., and reenacting subsection (2), relating
   70         to the canvassing of absentee ballots; authorizing the
   71         supervisor to use the elector’s signature in a
   72         precinct register to compare with the elector’s
   73         signature on the voter’s certificate; providing that
   74         an absentee ballot must clearly identify the name of
   75         the witness in order to be considered legal; requiring
   76         the supervisor to provide the elector with the
   77         specific reason his or her ballot was rejected;
   78         requiring the supervisor to allow electors to complete
   79         an affidavit to cure an unsigned absentee ballot prior
   80         to canvassing; providing the form and contents of the
   81         affidavit; providing instructions to accompany each
   82         absentee ballot affidavit; requiring the affidavit,
   83         instructions, and the supervisor’s office mailing
   84         address to be posted on certain websites; requiring
   85         the supervisor to attach a received affidavit to the
   86         appropriate absentee ballot mailing envelope; amending
   87         s. 101.6921, F.S.; revising the voter’s certificate
   88         accompanying a special absentee ballot; amending s.
   89         101.6923, F.S.; revising special absentee ballot
   90         instructions; amending s. 101.6952, F.S.; providing
   91         that absentee ballots received from overseas voters in
   92         certain elections may be received up to 10 days after
   93         the date of the election; amending s. 102.031, F.S.;
   94         revising restrictions relating to the solicitation of
   95         voters; amending s. 102.141, F.S.; revising methods of
   96         selecting canvassing board members; requiring a
   97         supervisor to upload certain canvassed election
   98         results into a county’s election management system
   99         prior to the election; prohibiting public disclosure
  100         of uploaded results before the close of the polls on
  101         election day; amending s. 104.0616, F.S.; providing a
  102         definition for the term “immediate family”;
  103         prohibiting possession of more than two absentee
  104         ballots under certain circumstances; providing an
  105         effective date.
  106  
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Section 97.0555, Florida Statutes, is amended to
  110  read:
  111         97.0555 Late registration.—An individual or accompanying
  112  family member who has been discharged or separated from the
  113  uniformed services or the United States Merchant Marine, has
  114  returned from a combat zone or forward-deployed area, or has
  115  separated from employment outside the territorial limits of the
  116  United States, after the book-closing date for an election
  117  pursuant to s. 97.055 and who is otherwise qualified may
  118  register to vote in such election until 5 p.m. on the Friday
  119  before that election in the office of the supervisor of
  120  elections. Such persons must produce sufficient documentation
  121  showing evidence of qualifying for late registration pursuant to
  122  this section.
  123         Section 2. Section 100.032, Florida Statutes, is created to
  124  read:
  125         100.032Election preparation report; general election.—Each
  126  supervisor of elections must submit a report to the Secretary of
  127  State at least 3 months before a general election which outlines
  128  preparations for the upcoming general election. The report must
  129  include, at a minimum, the following elements: the anticipated
  130  staffing levels during the early voting period, on election day,
  131  and after election day; and the anticipated amount of automatic
  132  tabulating equipment at each early voting site and polling
  133  place.
  134         Section 3. Section 100.061, Florida Statutes, is amended to
  135  read:
  136         100.061 Primary election.—In each year in which a general
  137  election is held, a primary election for nomination of
  138  candidates of political parties shall be held on the Tuesday 10
  139  12 weeks prior to the general election. The candidate receiving
  140  the highest number of votes cast in each contest in the primary
  141  election shall be declared nominated for such office. If two or
  142  more candidates receive an equal and highest number of votes for
  143  the same office, such candidates shall draw lots to determine
  144  which candidate is nominated.
  145         Section 4. Subsection (3) of section 101.161, Florida
  146  Statutes, is amended to read:
  147         101.161 Referenda; ballots.—
  148         (3)(a) Each joint resolution that proposes a constitutional
  149  amendment or revision shall include one or more ballot
  150  statements set forth in order of priority. Each ballot statement
  151  shall consist of a ballot title, by which the measure is
  152  commonly referred to or spoken of, not exceeding 15 words in
  153  length, and either a ballot summary that describes the chief
  154  purpose of the amendment or revision in clear and unambiguous
  155  language, or the full text of the amendment or revision. If a
  156  joint resolution that proposes a constitutional amendment or
  157  revision contains only one ballot statement, the ballot summary
  158  may not exceed 75 words in length. If a joint resolution that
  159  proposes a constitutional amendment or revision contains more
  160  than one ballot statement, the first ballot summary, in order of
  161  priority, may not exceed 75 words in length.
  162         (b) The Department of State shall furnish a designating
  163  number pursuant to subsection (2) and the appropriate ballot
  164  statement to the supervisor of elections of each county. The
  165  ballot statement shall be printed on the ballot after the list
  166  of candidates, followed by the word “yes” and also by the word
  167  “no,” and shall be styled in such a manner that a “yes” vote
  168  will indicate approval of the amendment or revision and a “no”
  169  vote will indicate rejection.
  170         (c)(b)1. Any action for a judicial determination that one
  171  or more ballot statements embodied in a joint resolution are
  172  defective must be commenced by filing a complaint or petition
  173  with the appropriate court within 30 days after the joint
  174  resolution is filed with the Secretary of State. The complaint
  175  or petition shall assert all grounds for challenge to each
  176  ballot statement. Any ground not asserted within 30 days after
  177  the joint resolution is filed with the Secretary of State is
  178  waived.
  179         2. The court, including any appellate court, shall accord
  180  an action described in subparagraph 1. priority over other
  181  pending cases and render a decision as expeditiously as
  182  possible. If the court finds that all ballot statements embodied
  183  in a joint resolution are defective and further appeals are
  184  declined, abandoned, or exhausted, unless otherwise provided in
  185  the joint resolution, the Attorney General shall, within 10
  186  days, prepare and submit to the Department of State a revised
  187  ballot title or ballot summary that corrects the deficiencies
  188  identified by the court, and the Department of State shall
  189  furnish a designating number and the revised ballot title or
  190  ballot summary to the supervisor of elections of each county for
  191  placement on the ballot. The revised ballot summary may exceed
  192  75 words in length. The court shall retain jurisdiction over
  193  challenges to a revised ballot title or ballot summary prepared
  194  by the Attorney General, and any challenge to a revised ballot
  195  title or ballot summary must be filed within 10 days after a
  196  revised ballot title or ballot summary is submitted to the
  197  Department of State.
  198         3. A ballot statement that consists of the full text of an
  199  amendment or revision shall be presumed to be a clear and
  200  unambiguous statement of the substance and effect of the
  201  amendment or revision, providing fair notice to the electors of
  202  the content of the amendment or revision and sufficiently
  203  advising electors of the issue upon which they are to vote.
  204         Section 5. Subsection (3) of section 101.5605, Florida
  205  Statutes, is amended to read:
  206         101.5605 Examination and approval of equipment.—
  207         (3)(a) Before the Department of State approves the
  208  electronic or electromechanical voting system, the person who
  209  submitted it for examination shall provide the department with
  210  the name, mailing address, and telephone number of a registered
  211  agent, which agent must have and continuously maintain an office
  212  in this state. Any change in the name, address, or telephone
  213  number of the registered agent shall promptly be made known to
  214  the department.
  215         (b) Before entering into a contract for the sale or lease
  216  of a voting system approved under this section to any county,
  217  the person entering into such contract shall provide the
  218  department with the name, mailing address, and telephone number
  219  of a registered agent, which agent must have and continuously
  220  maintain an office in this state. Any change in the name,
  221  address, or telephone number of the registered agent shall
  222  promptly be made known to the department.
  223         (c) The department’s proof of delivery or attempted
  224  delivery to the last mailing address of the registered agent on
  225  file with the department at the time of delivery or attempted
  226  delivery is valid for all notice purposes.
  227         (d) Within 30 days after completing the examination and
  228  upon approval of any electronic or electromechanical voting
  229  system, the Department of State shall make and maintain a report
  230  on the system, together with a written or printed description
  231  and drawings and photographs clearly identifying the system and
  232  the operation thereof. As soon as practicable after such filing,
  233  the department shall send a notice of certification and, upon
  234  request, a copy of the report to the governing bodies of the
  235  respective counties of the state. Any voting system that does
  236  not receive the approval of the department may shall not be
  237  adopted for or used at any election.
  238         (e)(b) After a voting system has been approved by the
  239  Department of State, any change or improvement in the system is
  240  required to be approved by the department prior to the adoption
  241  of such change or improvement by any county. If any such change
  242  or improvement does not comply with the requirements of this
  243  act, the department shall suspend all sales of the equipment or
  244  system in the state until the equipment or system complies with
  245  the requirements of this act.
  246         Section 6. Section 101.56065, Florida Statutes, is created
  247  to read:
  248         101.56065Voting system defects; disclosure;
  249  investigations; penalties.—
  250         (1) For purposes of this section, the term:
  251         (a)“Defect” means:
  252         1. Any failure, fault, or flaw in an electronic or
  253  electromechanical voting system approved pursuant to s. 101.5605
  254  which results in nonconformance with the standards in a manner
  255  that affects the timeliness or accuracy of the casting or
  256  counting of ballots; or
  257         2. Any failure or inability of the voting system
  258  manufacturer or vendor to make available or provide approved
  259  replacements of hardware or software to the counties that have
  260  purchased the approved voting system, the unavailability of
  261  which results in the system’s nonconformance with the standards
  262  in a manner that affects the timeliness or accuracy of the
  263  casting or counting of ballots.
  264         (b) “Standards” refers to the requirements in ss. 101.5606
  265  and 101.56062 under which a voting system was approved for use
  266  in the state.
  267         (c) “Vendor” means a person who submits or previously
  268  submitted a voting system that was approved by the Department of
  269  State in accordance with s. 101.5605, or a person who enters
  270  into a contract for the sale or lease of a voting system to any
  271  county, or that previously entered into such a contract that has
  272  not expired.
  273         (2)(a) No later than December 31, 2013, and, thereafter, on
  274  January 1 of every odd-numbered year, each vendor shall file a
  275  written disclosure with the department identifying any known
  276  defect in the voting system or the fact that there is no known
  277  defect, the effect of any defect on the operation and use of the
  278  approved voting system, and any known corrective measures to
  279  cure a defect, including, but not limited to, advisories and
  280  bulletins issued to system users.
  281         (b) Implementation of corrective measures approved by the
  282  department which enable a system to conform to the standards and
  283  ensure the timeliness and accuracy of the casting and counting
  284  of ballots constitutes a cure of a defect.
  285         (c)If a vendor becomes aware of the existence of a defect,
  286  he or she must file a new disclosure with the department as
  287  provided in paragraph (a) within 30 days after the date the
  288  vendor determined or reasonably should have determined that the
  289  defect existed.
  290         (d)If a vendor discloses to the department that a defect
  291  exists, the department may suspend all sales or leases of the
  292  voting system in the state and may suspend the use of the system
  293  in any election in the state. The department shall provide
  294  written notice of any such suspension to each affected vendor
  295  and supervisor of elections. If the department determines that
  296  the defect no longer exists, the department shall lift the
  297  suspension and provide written notice to each affected vendor
  298  and supervisor of elections.
  299         (e)If a vendor fails to file a required disclosure for a
  300  voting system previously approved by the department, that system
  301  may not be sold, leased, or used for elections in the state
  302  until it has been submitted for examination and approval and
  303  adopted for use pursuant to s. 101.5605. The department shall
  304  provide written notice to all supervisors of elections that the
  305  system is no longer approved.
  306         (3)(a)If the department has reasonable cause to believe a
  307  voting system approved pursuant to s. 101.5605 contains a defect
  308  either before, during, or after an election which has not been
  309  disclosed pursuant to subsection (2), the department may
  310  investigate whether the voting system has a defect.
  311         (b)The department may initiate an investigation pursuant
  312  to paragraph (a) on its own initiative or upon the written
  313  request of the supervisor of elections of a county that
  314  purchased or leased a voting system that contains the alleged
  315  defect.
  316         (c)Upon initiating an investigation, the department shall
  317  provide written notice to the vendor and all of the supervisors
  318  of elections.
  319         (4)(a) If the department determines by a preponderance of
  320  the evidence that a defect exists in the voting system, or that
  321  a vendor failed to timely disclose a defect pursuant to
  322  subsection (2), the department shall provide written notice to
  323  the affected vendor and supervisors of elections.
  324         (b) A vendor entitled to receive notice pursuant to
  325  paragraph (a) shall, within 10 days, file a written response to
  326  the department which:
  327         1. Denies that the alleged defect exists or existed as
  328  alleged by the department or that the vendor failed to timely
  329  disclose a defect, and sets forth the reasons for such denial;
  330  or
  331         2. Admits that the defect exists or existed as alleged by
  332  the department or that the vendor failed to timely disclose a
  333  defect.
  334         (c) If the defect has been cured, the vendor shall provide
  335  an explanation of how the defect was cured.
  336         (d) If the defect has not been cured, the vendor shall
  337  inform the department whether the defect can be cured and shall
  338  provide the department with a plan for curing the defect. If the
  339  defect can be cured, the department shall establish a timeframe
  340  within which to cure the defect.
  341         (5) If after receiving a response from the vendor, the
  342  department determines that a defect does not exist or has been
  343  cured within the timeframe established by the department, the
  344  department shall take no further action.
  345         (6)If the department determines that: a vendor failed to
  346  timely disclose a defect; or that a defect exists and a vendor
  347  has not filed a written response or has failed to cure within
  348  the timeframe established by the department, or if the defect
  349  cannot be cured, the department shall impose a civil penalty of
  350  $25,000 for the defect plus an amount equal to the actual costs
  351  incurred by the department in conducting the investigation.
  352         (7) If the department finds that a defect existed:
  353         (a)The department may suspend all sales and leases of the
  354  voting system and may suspend its use in any county in the
  355  state. The department shall provide written notice of the
  356  suspension to each affected vendor and supervisor of elections.
  357         (b) If the department determines that a defect no longer
  358  exists in a voting system that has been suspended from use
  359  pursuant to paragraph (a), the department shall lift the
  360  suspension and authorize the sale, lease, and use of the voting
  361  system in any election in the state. The department shall
  362  provide written notice that the suspension has been lifted to
  363  each affected vendor and supervisor of elections.
  364         (c) If the defect cannot be cured, the department may
  365  disapprove the voting system for use in elections in the state.
  366  The department shall provide written notice to all supervisors
  367  of elections that the system is no longer approved. After
  368  approval of a system has been withdrawn pursuant to this
  369  paragraph, the system may not be sold, leased, or used in
  370  elections in the state until it has been submitted for
  371  examination and approval and adopted for use pursuant to s.
  372  101.5605.
  373         (d) Any vendor against whom a civil penalty was imposed
  374  under this section may not submit a voting system for approval
  375  by the Department of State in accordance with s. 101.5605 or
  376  enter into a contract for sale or lease of a voting system in
  377  the state until the civil penalties have been paid and the
  378  department provides written confirmation to the supervisors of
  379  elections of the payment.
  380         (8)The department shall prepare a written report of any
  381  investigation conducted pursuant to this section.
  382         (9)The authority of the department under this section is
  383  in addition to, and not exclusive of, any other authority
  384  provided by law.
  385         (10) All proceedings under this section are exempt from
  386  chapter 120.
  387         Section 7. Subsection (4) of section 101.56075, Florida
  388  Statutes, is repealed.
  389         Section 8. Subsections (1) and (2) of section 101.591,
  390  Florida Statutes, are amended, and subsection (4) of that
  391  section is republished, to read:
  392         101.591 Voting system audit.—
  393         (1) Immediately following the certification of each
  394  election, the county canvassing board or the local board
  395  responsible for certifying the election shall conduct a manual
  396  audit or an automated, independent audit of the voting systems
  397  used in randomly selected precincts.
  398         (2)(a)A manual The audit shall consist of a public manual
  399  tally of the votes cast in one randomly selected race that
  400  appears on the ballot. The tally sheet shall include election
  401  day, absentee, early voting, provisional, and overseas ballots,
  402  in at least 1 percent but no more than 2 percent of the
  403  precincts chosen at random by the county canvassing board or the
  404  local board responsible for certifying the election. If 1
  405  percent of the precincts is less than one entire precinct, the
  406  audit shall be conducted using at least one precinct chosen at
  407  random by the county canvassing board or the local board
  408  responsible for certifying the election. Such precincts shall be
  409  selected at a publicly noticed canvassing board meeting.
  410         (b) An automated audit shall consist of a public automated
  411  tally of the votes cast across every race that appears on the
  412  ballot. The tally sheet shall include election day, absentee,
  413  early voting, provisional, and overseas ballots in at least 20
  414  percent of the precincts chosen at random by the county
  415  canvassing board or the local board responsible for certifying
  416  the election. Such precincts shall be selected at a publicly
  417  noticed canvassing board meeting.
  418         (c) The division shall adopt rules for approval of an
  419  independent audit system which provide that the system, at a
  420  minimum, must be:
  421         1. Completely independent of the primary voting system.
  422         2. Fast enough to produce final audit results within the
  423  timeframe prescribed in subsection (4).
  424         3. Capable of demonstrating that the ballots of record have
  425  been accurately adjudicated by the audit system.
  426         (4) The audit must be completed and the results made public
  427  no later than 11:59 p.m. on the 7th day following certification
  428  of the election by the county canvassing board or the local
  429  board responsible for certifying the election.
  430         Section 9. Subsections (1) and (3) and paragraph (c) of
  431  subsection (4) of section 101.62, Florida Statutes, are amended
  432  to read:
  433         101.62 Request for absentee ballots.—
  434         (1)(a) The supervisor shall accept a request for an
  435  absentee ballot from an elector in person or in writing. One
  436  request shall be deemed sufficient to receive an absentee ballot
  437  for all elections through the end of the calendar year of the
  438  second ensuing regularly scheduled general election, unless the
  439  elector or the elector’s designee indicates at the time the
  440  request is made the elections for which the elector desires to
  441  receive an absentee ballot. Such request may be considered
  442  canceled when any first-class mail sent by the supervisor to the
  443  elector is returned as undeliverable.
  444         (b) The supervisor may accept a written or telephonic
  445  request for an absentee ballot to be mailed to an elector’s
  446  address on file in the Florida Voter Registration System from
  447  the elector, or, if directly instructed by the elector, a member
  448  of the elector’s immediate family, or the elector’s legal
  449  guardian; if the ballot is requested to be mailed to an address
  450  other than the elector’s address on file in the Florida Voter
  451  Registration System, the request must be made in writing and
  452  signed by the elector. For purposes of this section, the term
  453  “immediate family” has the same meaning as specified in
  454  paragraph (4)(c). The person making the request must disclose:
  455         1. The name of the elector for whom the ballot is
  456  requested.
  457         2. The elector’s address.
  458         3. The elector’s date of birth.
  459         4. The requester’s name.
  460         5. The requester’s address.
  461         6. The requester’s driver’s license number, if available.
  462         7. The requester’s relationship to the elector.
  463         8. The requester’s signature (written requests only).
  464         (c) Upon receiving a request for an absentee ballot from an
  465  absent voter, the supervisor of elections shall notify the voter
  466  of the free access system that has been designated by the
  467  department for determining the status of his or her absentee
  468  ballot.
  469         (3) For each request for an absentee ballot received, the
  470  supervisor shall record the date the request was made, the date
  471  the absentee ballot was delivered to the voter or the voter’s
  472  designee or the date the absentee ballot was delivered to the
  473  post office or other carrier, the date the ballot was received
  474  by the supervisor, the absence of the voter’s signature on the
  475  voter’s certificate, if applicable, and such other information
  476  he or she may deem necessary. This information shall be provided
  477  in electronic format as provided by rule adopted by the
  478  division. The information shall be updated and made available no
  479  later than 8 a.m. of each day, including weekends, beginning 60
  480  days before the primary until 15 days after the general election
  481  and shall be contemporaneously provided to the division. This
  482  information shall be confidential and exempt from the provisions
  483  of s. 119.07(1) and shall be made available to or reproduced
  484  only for the voter requesting the ballot, a canvassing board, an
  485  election official, a political party or official thereof, a
  486  candidate who has filed qualification papers and is opposed in
  487  an upcoming election, and registered political committees or
  488  registered committees of continuous existence, for political
  489  purposes only.
  490         (4)
  491         (c) The supervisor shall provide an absentee ballot to each
  492  elector by whom a request for that ballot has been made by one
  493  of the following means:
  494         1. By nonforwardable, return-if-undeliverable mail to the
  495  elector’s current mailing address on file with the supervisor or
  496  any other address the elector specifies in the request.
  497         2. By forwardable mail, e-mail, or facsimile machine
  498  transmission to absent uniformed services voters and overseas
  499  voters. The absent uniformed services voter or overseas voter
  500  may designate in the absentee ballot request the preferred
  501  method of transmission. If the voter does not designate the
  502  method of transmission, the absentee ballot shall be mailed.
  503         3. By personal delivery before 7 p.m. on election day to
  504  the elector, upon presentation of the identification required in
  505  s. 101.043.
  506         4. By delivery to a designee on election day or up to 5
  507  days prior to the day of an election. Any elector may designate
  508  in writing a person to pick up the ballot for the elector;
  509  however, the person designated may not pick up more than two
  510  absentee ballots per election, other than the designee’s own
  511  ballot, except that additional ballots may be picked up for
  512  members of the designee’s immediate family. For purposes of this
  513  section, “immediate family” means the designee’s spouse or the
  514  parent, child, grandparent, or sibling of the designee or of the
  515  designee’s spouse. The designee shall provide to the supervisor
  516  the written authorization by the elector and a picture
  517  identification of the designee and must complete an affidavit.
  518  The designee shall state in the affidavit that the designee is
  519  authorized by the elector to pick up that ballot and shall
  520  indicate if the elector is a member of the designee’s immediate
  521  family and, if so, the relationship. The department shall
  522  prescribe the form of the affidavit. If the supervisor is
  523  satisfied that the designee is authorized to pick up the ballot
  524  and that the signature of the elector on the written
  525  authorization matches the signature of the elector on file, the
  526  supervisor shall give the ballot to that designee for delivery
  527  to the elector.
  528         5. Except as provided in s. 101.655, the supervisor may not
  529  deliver an absentee ballot to an elector or an elector’s
  530  immediate family member on the day of the election unless there
  531  is an emergency, to the extent that the elector will be unable
  532  to go to his or her assigned polling place. If an absentee
  533  ballot is delivered, the elector or his or her designee shall
  534  execute an affidavit affirming to the facts which allow for
  535  delivery of the absentee ballot. The department shall adopt a
  536  rule providing for the form of the affidavit.
  537         Section 10. Subsections (1) through (3) of section 101.64,
  538  Florida Statutes, are amended to read:
  539         101.64 Delivery of absentee ballots; envelopes; form.—
  540         (1) The supervisor shall enclose with each absentee ballot
  541  two envelopes: a secrecy envelope, into which the absent elector
  542  shall enclose his or her marked ballot; and a mailing envelope,
  543  into which the absent elector shall then place the secrecy
  544  envelope, which shall be addressed to the supervisor and also
  545  bear on the back side a certificate in substantially the
  546  following form:
  547  
  548           Note: Please Read Instructions Carefully Before         
  549         Marking Ballot and Completing Voter’s Certificate.        
  550  
  551                         VOTER’S CERTIFICATE                       
  552         I, ...., do solemnly swear or affirm that I am a qualified
  553  and registered voter of .... County, Florida, and that I have
  554  not and will not vote more than one ballot in this election. I
  555  understand that if I commit or attempt to commit any fraud in
  556  connection with voting, vote a fraudulent ballot, or vote more
  557  than once in an election, I can be convicted of a felony of the
  558  third degree and fined up to $5,000 and/or imprisoned for up to
  559  5 years. I also understand that failure to sign this certificate
  560  will invalidate my ballot.
  561  
  562  ...(Date)...                           ...(Voter’s Signature)...
  563  
  564  Note: Your Signature Must Be Witnessed by One Witness 18 Years
  565  of Age or Older as Provided in the Instruction Sheet.
  566  
  567  I swear or affirm that the voter signed this Voter’s Certificate
  568  in my presence.
  569  
  570  ...(Signature of Witness)...
  571  
  572  ...(Printed Name of Witness)...
  573  
  574  ...(Date)...
  575  ...(Address)...
  576  
  577         (2) The certificate shall be arranged on the back of the
  578  mailing envelope so that the line for the signature of the
  579  absent elector is across the seal of the envelope; however, no
  580  statement shall appear on the envelope which indicates that a
  581  signature of the voter must cross the seal of the envelope. The
  582  absent elector and the attesting witness shall execute the
  583  certificate on the envelope. A candidate may not serve as an
  584  attesting witness.
  585         (3) In lieu of the voter’s certificate provided in this
  586  section, the supervisor of elections shall provide each person
  587  voting absentee under the Uniformed and Overseas Citizens
  588  Absentee Voting Act with the standard oath prescribed by the
  589  presidential designee with an appended section in substantially
  590  the following form:.
  591  
  592  Witness signature and date:
  593  
  594  ...(Signature of Witness)...
  595  
  596  ...(Printed Name of Witness)...
  597  
  598  ...(Address)...
  599  ...(Date)...
  600         Section 11. Section 101.65, Florida Statutes, is amended to
  601  read:
  602         101.65 Instructions to absent electors.—The supervisor
  603  shall enclose with each absentee ballot separate printed
  604  instructions in substantially the following form:
  605  
  606         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
  607         1. VERY IMPORTANT. In order to ensure that your absentee
  608  ballot will be counted, it should be completed and returned as
  609  soon as possible so that it can reach the supervisor of
  610  elections of the county in which your precinct is located no
  611  later than 7 p.m. on the day of the election. However, if you
  612  are an overseas voter casting a ballot in a presidential
  613  preference primary or general election, your absentee ballot
  614  must be postmarked or signed and dated no later than the date of
  615  the election and received by the supervisor of elections of the
  616  county in which you are registered to vote no later than 10 days
  617  after the date of the election.
  618         2. Mark your ballot in secret as instructed on the ballot.
  619  You must mark your own ballot unless you are unable to do so
  620  because of blindness, disability, or inability to read or write.
  621         3. Mark only the number of candidates or issue choices for
  622  a race as indicated on the ballot. If you are allowed to “Vote
  623  for One” candidate and you vote for more than one candidate,
  624  your vote in that race will not be counted.
  625         4. Place your marked ballot in the enclosed secrecy
  626  envelope.
  627         5. Insert the secrecy envelope into the enclosed mailing
  628  envelope which is addressed to the supervisor.
  629         6. Seal the mailing envelope and completely fill out the
  630  Voter’s Certificate on the back of the mailing envelope.
  631         7. VERY IMPORTANT. In order for your absentee ballot to be
  632  counted, you must sign your name on the line above (Voter’s
  633  Signature). An absentee ballot will be considered illegal and
  634  not be counted if the signature on the voter’s certificate does
  635  not match the signature on record. The signature on file at the
  636  start of the canvass of the absentee ballots is the signature
  637  that will be used to verify your signature on the voter’s
  638  certificate. If you need to update your signature for this
  639  election, send your signature update on a voter registration
  640  application to your supervisor of elections so that it is
  641  received no later than the start of the canvassing of absentee
  642  ballots, which occurs no earlier than the 15th day before
  643  election day.
  644         8. VERY IMPORTANT. In order for your absentee ballot to be
  645  counted, it must include the signature and legible address of an
  646  attesting witness 18 years of age or older affixed to the
  647  Voter’s Certificate. If the signature is illegible, the Voter’s
  648  Certificate must also include a readable printed name of the
  649  attesting witness. A candidate may not serve as an attesting
  650  witness.
  651         9.8. VERY IMPORTANT. If you are an overseas voter, you must
  652  include the date you signed the Voter’s Certificate on the line
  653  above (Date) or your ballot may not be counted.
  654         10.9. Mail, deliver, or have delivered the completed
  655  mailing envelope. Be sure there is sufficient postage if mailed.
  656         11.10. FELONY NOTICE. It is a felony under Florida law to
  657  accept any gift, payment, or gratuity in exchange for your vote
  658  for a candidate. It is also a felony under Florida law to vote
  659  in an election using a false identity or false address, or under
  660  any other circumstances making your ballot false or fraudulent.
  661         Section 12. Paragraphs (a) and (d) of subsection (1) of
  662  section 101.657, Florida Statutes, are amended to read:
  663         101.657 Early voting.—
  664         (1)(a) As a convenience to the voter, the supervisor of
  665  elections shall allow an elector to vote early in the main or
  666  branch office of the supervisor. The supervisor shall mark,
  667  code, indicate on, or otherwise track the voter’s precinct for
  668  each early voted ballot. In order for a branch office to be used
  669  for early voting, it shall be a permanent facility of the
  670  supervisor and shall have been designated and used as such for
  671  at least 1 year prior to the election. The supervisor may also
  672  designate any city hall, or permanent public library facility,
  673  fairground, civic center, courthouse, county commission
  674  building, stadium, convention center, government-owned senior
  675  center, or government-owned community center as early voting
  676  sites; however, if so designated, the sites must be
  677  geographically located so as to provide all voters in the county
  678  an equal opportunity to cast a ballot, insofar as is
  679  practicable. In addition, a supervisor may designate one early
  680  voting site per election in an area of the county that does not
  681  have any of the eligible early voting locations. Such additional
  682  early voting site must be geographically located so as to
  683  provide all voters in that area with an equal opportunity to
  684  cast a ballot, insofar as is practicable. Each county shall, at
  685  a minimum, operate the same total number of early voting sites
  686  for a general election which the county operated for the 2012
  687  general election. The results or tabulation of votes cast during
  688  early voting may not be made before the close of the polls on
  689  election day. Results shall be reported by precinct.
  690         (d) Early voting shall begin on the 10th day before an
  691  election that contains state or federal races and end on the 3rd
  692  day before the election, and shall be provided for no less than
  693  8 6 hours and no more than 12 hours per day at each site during
  694  the applicable period. In addition, early voting may be offered
  695  at the discretion of the supervisor of elections on the 15th,
  696  14th, 13th, 12th, 11th, or 2nd day before an election that
  697  contains state or federal races for at least 8 hours per day,
  698  but not more than 12 hours per day. The supervisor of elections
  699  may provide early voting for elections that are not held in
  700  conjunction with a state or federal election. However, the
  701  supervisor has the discretion to determine the hours of
  702  operation of early voting sites in those elections.
  703         Section 13. Subsection (2) of section 101.67, Florida
  704  Statutes, is amended to read:
  705         101.67 Safekeeping of mailed ballots; deadline for
  706  receiving absentee ballots.—
  707         (2) Except as provided in s. 101.6952(5), all marked absent
  708  electors’ ballots to be counted must be received by the
  709  supervisor by 7 p.m. the day of the election. All ballots
  710  received thereafter shall be marked with the time and date of
  711  receipt and filed in the supervisor’s office.
  712         Section 14. Subsections (1) and (4) of section 101.68,
  713  Florida Statutes, are amended, and subsection (2) of that
  714  section is reenacted and amended, to read:
  715         101.68 Canvassing of absentee ballot.—
  716         (1) The supervisor of the county where the absent elector
  717  resides shall receive the voted ballot, at which time the
  718  supervisor shall compare the signature of the elector on the
  719  voter’s certificate with the signature of the elector in the
  720  registration books or the precinct register to determine whether
  721  the elector is duly registered in the county and may record on
  722  the elector’s registration certificate that the elector has
  723  voted. However, effective July 1, 2005, an elector who dies
  724  after casting an absentee ballot but on or before election day
  725  shall remain listed in the registration books until the results
  726  have been certified for the election in which the ballot was
  727  cast. The supervisor shall safely keep the ballot unopened in
  728  his or her office until the county canvassing board canvasses
  729  the vote. Except as provided in subsection (4), after an
  730  absentee ballot is received by the supervisor, the ballot is
  731  deemed to have been cast, and changes or additions may not be
  732  made to the voter’s certificate.
  733         (2)(a) The county canvassing board may begin the canvassing
  734  of absentee ballots at 7 a.m. on the 15th day before the
  735  election, but not later than noon on the day following the
  736  election. In addition, for any county using electronic
  737  tabulating equipment, the processing of absentee ballots through
  738  such tabulating equipment may begin at 7 a.m. on the 15th day
  739  before the election. However, notwithstanding any such
  740  authorization to begin canvassing or otherwise processing
  741  absentee ballots early, no result shall be released until after
  742  the closing of the polls in that county on election day. Any
  743  supervisor of elections, deputy supervisor of elections,
  744  canvassing board member, election board member, or election
  745  employee who releases the results of a canvassing or processing
  746  of absentee ballots prior to the closing of the polls in that
  747  county on election day commits a felony of the third degree,
  748  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  749         (b) To ensure that all absentee ballots to be counted by
  750  the canvassing board are accounted for, the canvassing board
  751  shall compare the number of ballots in its possession with the
  752  number of requests for ballots received to be counted according
  753  to the supervisor’s file or list.
  754         (c)1. The canvassing board shall, if the supervisor has not
  755  already done so, compare the signature of the elector on the
  756  voter’s certificate or on the absentee ballot affidavit as
  757  provided in subsection (4) with the signature of the elector in
  758  the registration books or the precinct register to see that the
  759  elector is duly registered in the county and to determine the
  760  legality of that absentee ballot. The ballot of an elector who
  761  casts an absentee ballot shall be counted even if the elector
  762  dies on or before election day, as long as, prior to the death
  763  of the voter, the ballot was postmarked by the United States
  764  Postal Service, date-stamped with a verifiable tracking number
  765  by common carrier, or already in the possession of the
  766  supervisor of elections. An absentee ballot shall be considered
  767  illegal if the voter’s certificate or absentee ballot affidavit
  768  it does not include the signature of the elector, as shown by
  769  the registration records or the precinct register, along with
  770  the signature and legible address of an attesting witness;
  771  however, if the signature of the attesting witness is illegible,
  772  the printed name of the attesting witness must clearly identify
  773  the name of the witness or the ballot shall be considered
  774  illegal. However, an absentee ballot is shall not be considered
  775  illegal if the signature of the elector does not cross the seal
  776  of the mailing envelope. If the canvassing board determines that
  777  any ballot is illegal, a member of the board shall, without
  778  opening the envelope, mark across the face of the envelope:
  779  “rejected as illegal.” The absentee ballot affidavit, if
  780  applicable, the envelope and the ballot contained therein shall
  781  be preserved in the manner that official ballots voted are
  782  preserved.
  783         2. If any elector or candidate present believes that an
  784  absentee ballot is illegal due to a defect apparent on the
  785  voter’s certificate or the absentee ballot affidavit, he or she
  786  may, at any time before the ballot is removed from the envelope,
  787  file with the canvassing board a protest against the canvass of
  788  that ballot, specifying the precinct, the ballot, and the reason
  789  he or she believes the ballot to be illegal. A challenge based
  790  upon a defect in the voter’s certificate or absentee ballot
  791  affidavit may not be accepted after the ballot has been removed
  792  from the mailing envelope.
  793         (d) The canvassing board shall record the ballot upon the
  794  proper record, unless the ballot has been previously recorded by
  795  the supervisor. The mailing envelopes shall be opened and the
  796  secrecy envelopes shall be mixed so as to make it impossible to
  797  determine which secrecy envelope came out of which signed
  798  mailing envelope; however, in any county in which an electronic
  799  or electromechanical voting system is used, the ballots may be
  800  sorted by ballot styles and the mailing envelopes may be opened
  801  and the secrecy envelopes mixed separately for each ballot
  802  style. The votes on absentee ballots shall be included in the
  803  total vote of the county.
  804         (4)(a) The supervisor of elections shall, on behalf of the
  805  county canvassing board, notify each elector whose ballot was
  806  rejected as illegal and provide the specific reason the ballot
  807  was rejected because of a difference between the elector’s
  808  signature on the ballot and that on the elector’s voter
  809  registration record. The supervisor shall mail a voter
  810  registration application to the elector to be completed
  811  indicating the elector’s current signature if the elector’s
  812  ballot was rejected due to a difference between the elector’s
  813  signature on the voter’s certificate or absentee ballot
  814  affidavit and the elector’s signature in the registration books
  815  or precinct register. This section does not prohibit the
  816  supervisor from providing additional methods for updating an
  817  elector’s signature.
  818         (b) If the canvassing board has not begun the canvassing of
  819  absentee ballots pursuant to subsection (2), the supervisor
  820  shall allow an elector who has returned an absentee ballot that
  821  does not include the elector’s signature to complete an
  822  affidavit in order to cure the unsigned absentee ballot.
  823         (c) The elector shall provide identification to the
  824  supervisor and must complete an absentee ballot affidavit in
  825  substantially the following form:
  826  
  827                      ABSENTEE BALLOT AFFIDAVIT                    
  828         I, ...., am a qualified voter in this election and
  829  registered voter of .... County, Florida. I do solemnly swear or
  830  affirm that I requested and returned the absentee ballot and
  831  that I have not and will not vote more than one ballot in this
  832  election. I understand that if I commit or attempt any fraud in
  833  connection with voting, vote a fraudulent ballot, or vote more
  834  than once in an election, I may be convicted of a felony of the
  835  third degree and fined up to $5,000 and imprisoned for up to 5
  836  years. I understand that my failure to sign this affidavit means
  837  that my absentee ballot will be invalidated.
  838  
  839  ...(Voter’s Signature)...
  840  
  841  ...(Address)...
  842  
  843  Note: Your Signature Must Be Witnessed by One Witness 18 Years
  844  of Age or Older.
  845  
  846         I swear or affirm that the voter signed this Absentee
  847  Ballot Affidavit in my presence.
  848  
  849  ...(Signature of Witness)...
  850  
  851  ...(Printed Name of Witness)...
  852  
  853  ...(Date)...
  854  ...(Address)...
  855  
  856         (d) Instructions must accompany the absentee ballot
  857  affidavit in substantially the following form:
  858  
  859         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  860  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  861  BALLOT NOT TO COUNT.
  862  
  863         1. In order to ensure that your absentee ballot will be
  864  counted, your affidavit should be completed and returned as soon
  865  as possible so that it can reach the supervisor of elections of
  866  the county in which your precinct is located no later than the
  867  start of the canvassing of absentee ballots, which occurs no
  868  earlier than the 15th day before an election.
  869         2. You must sign your name on the line above (Voter’s
  870  Signature).
  871         3. You must have your signature witnessed by a person 18
  872  years of age or older. Have the witness sign on the line above
  873  (Signature of Witness) and include his or her legible address.
  874  If the signature is illegible, the affidavit must also include a
  875  readable, printed name of the attesting witness. A candidate may
  876  not serve as an attesting witness.
  877         4. You must make a copy of one of the following forms of
  878  identification:
  879         a. Identification which must include your name and
  880  photograph: United States passport; debit or credit card;
  881  military identification; student identification; retirement
  882  center identification; neighborhood association identification;
  883  or public assistance identification; or
  884         b. Identification which shows your name and current
  885  residence address: current utility bill, bank statement,
  886  government check, paycheck, or government document (excluding
  887  voter identification card).
  888         5. Place the envelope bearing the affidavit into a mailing
  889  envelope addressed to the supervisor. Insert a copy of your
  890  identification in the mailing envelope.
  891         6. Mail, deliver, or have delivered the completed affidavit
  892  along with the copy of your identification to your county
  893  supervisor of elections. Be sure there is sufficient postage if
  894  mailed and that the supervisor’s address is correct.
  895         (e) The department and each supervisor shall include the
  896  affidavit and instructions on their respective websites. The
  897  supervisor must include his or her office’s mailing address on
  898  the page containing the affidavit instructions; the department’s
  899  instruction page must include the office mailing addresses of
  900  all supervisors of elections or provide a conspicuous link to
  901  such addresses.
  902         (f) The supervisor shall attach each affidavit received to
  903  the appropriate absentee ballot mailing envelope.
  904         Section 15. Subsections (3) and (4) of section 101.6921,
  905  Florida Statutes, are amended to read:
  906         101.6921 Delivery of special absentee ballot to certain
  907  first-time voters.—
  908         (3) The Voter’s Certificate shall be in substantially the
  909  following form:
  910  
  911  Note: Please Read Instructions Carefully Before Marking Ballot
  912  and Completing Voter’s Certificate.
  913  
  914                         VOTER’S CERTIFICATE                       
  915  
  916         I, ...., do solemnly swear or affirm that I am a qualified
  917  and registered voter of .... County, Florida, and that I have
  918  not and will not vote more than one ballot in this election. I
  919  understand that if I commit or attempt to commit any fraud in
  920  connection with voting, vote a fraudulent ballot, or vote more
  921  than once in an election, I can be convicted of a felony of the
  922  third degree and fined up to $5,000 and/or imprisoned for up to
  923  5 years. I also understand that failure to sign this certificate
  924  will invalidate my ballot. I understand that unless I meet one
  925  of the exemptions below, I must provide a copy of a current and
  926  valid identification as provided in the instruction sheet to the
  927  supervisor of elections in order for my ballot to count.
  928         I further certify that I am exempt from the requirements to
  929  furnish a copy of a current and valid identification with my
  930  ballot because of one or more of the following (check all that
  931  apply):
  932         ☐ I am 65 years of age or older.
  933         ☐ I have a permanent or temporary physical disability.
  934         ☐ I am a member of a uniformed service on active duty who,
  935  by reason of such active duty, will be absent from the county on
  936  election day.
  937         ☐ I am a member of the Merchant Marine who, by reason of
  938  service in the Merchant Marine, will be absent from the county
  939  on election day.
  940         ☐ I am the spouse or dependent of a member of the uniformed
  941  service or Merchant Marine who, by reason of the active duty or
  942  service of the member, will be absent from the county on
  943  election day.
  944         ☐ I am currently residing outside the United States.
  945  
  946  ...(Date)...                             ...Voter’s Signature...
  947  
  948  Note: Your Signature Must Be Witnessed as Provided in the
  949  Instruction Sheet By One Witness 18 Years of Age or Older.
  950  
  951  I swear or affirm that the voter signed this Voter’s Certificate
  952  in my presence.
  953  
  954  ...(Signature of Witness)...
  955  
  956  ...(Printed Name of Witness)...
  957  
  958  ...(Date)...
  959  ...(Address)...
  960  
  961         (4) The certificate shall be arranged on the back of the
  962  envelope so that the line for the signature of the absent
  963  elector is across the seal of the envelope.
  964         Section 16. Subsection (2) of section 101.6923, Florida
  965  Statutes, is amended to read:
  966         101.6923 Special absentee ballot instructions for certain
  967  first-time voters.—
  968         (2) A voter covered by this section shall be provided with
  969  printed instructions with his or her absentee ballot in
  970  substantially the following form:
  971  
  972         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
  973         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
  974         YOUR BALLOT NOT TO COUNT.
  975  
  976         1. In order to ensure that your absentee ballot will be
  977  counted, it should be completed and returned as soon as possible
  978  so that it can reach the supervisor of elections of the county
  979  in which your precinct is located no later than 7 p.m. on the
  980  date of the election. However, if you are an overseas voter
  981  casting a ballot in a presidential preference primary or general
  982  election, your absentee ballot must be postmarked or signed and
  983  dated no later than the date of the election and received by the
  984  supervisor of elections of the county in which you are
  985  registered to vote no later than 10 days after the date of the
  986  election.
  987         2. Mark your ballot in secret as instructed on the ballot.
  988  You must mark your own ballot unless you are unable to do so
  989  because of blindness, disability, or inability to read or write.
  990         3. Mark only the number of candidates or issue choices for
  991  a race as indicated on the ballot. If you are allowed to “Vote
  992  for One” candidate and you vote for more than one, your vote in
  993  that race will not be counted.
  994         4. Place your marked ballot in the enclosed secrecy
  995  envelope and seal the envelope.
  996         5. Insert the secrecy envelope into the enclosed envelope
  997  bearing the Voter’s Certificate. Seal the envelope and
  998  completely fill out the Voter’s Certificate on the back of the
  999  envelope.
 1000         a. You must sign your name on the line above (Voter’s
 1001  Signature).
 1002         b. You must have your signature witnessed by a person 18
 1003  years of age or older. Have the witness sign on the line above
 1004  (Signature of Witness) and include his or her legible address.
 1005  If the signature is illegible, the Voter’s Certificate must also
 1006  include a readable printed name of the attesting witness. A
 1007  candidate may not serve as an attesting witness.
 1008         c.b. If you are an overseas voter, you must include the
 1009  date you signed the Voter’s Certificate on the line above (Date)
 1010  or your ballot may not be counted.
 1011         d.c. An absentee ballot will be considered illegal and will
 1012  not be counted if the signature on the Voter’s Certificate does
 1013  not match the signature on record. The signature on file at the
 1014  start of the canvass of the absentee ballots is the signature
 1015  that will be used to verify your signature on the Voter’s
 1016  Certificate. If you need to update your signature for this
 1017  election, send your signature update on a voter registration
 1018  application to your supervisor of elections so that it is
 1019  received no later than the start of canvassing of absentee
 1020  ballots, which occurs no earlier than the 15th day before
 1021  election day.
 1022         6. Unless you meet one of the exemptions in Item 7., you
 1023  must make a copy of one of the following forms of
 1024  identification:
 1025         a. Identification which must include your name and
 1026  photograph: United States passport; debit or credit card;
 1027  military identification; student identification; retirement
 1028  center identification; neighborhood association identification;
 1029  or public assistance identification; or
 1030         b. Identification which shows your name and current
 1031  residence address: current utility bill, bank statement,
 1032  government check, paycheck, or government document (excluding
 1033  voter identification card).
 1034         7. The identification requirements of Item 6. do not apply
 1035  if you meet one of the following requirements:
 1036         a. You are 65 years of age or older.
 1037         b. You have a temporary or permanent physical disability.
 1038         c. You are a member of a uniformed service on active duty
 1039  who, by reason of such active duty, will be absent from the
 1040  county on election day.
 1041         d. You are a member of the Merchant Marine who, by reason
 1042  of service in the Merchant Marine, will be absent from the
 1043  county on election day.
 1044         e. You are the spouse or dependent of a member referred to
 1045  in paragraph c. or paragraph d. who, by reason of the active
 1046  duty or service of the member, will be absent from the county on
 1047  election day.
 1048         f. You are currently residing outside the United States.
 1049         8. Place the envelope bearing the Voter’s Certificate into
 1050  the mailing envelope addressed to the supervisor. Insert a copy
 1051  of your identification in the mailing envelope. DO NOT PUT YOUR
 1052  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
 1053  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
 1054  BALLOT WILL NOT COUNT.
 1055         9. Mail, deliver, or have delivered the completed mailing
 1056  envelope. Be sure there is sufficient postage if mailed.
 1057         10. FELONY NOTICE. It is a felony under Florida law to
 1058  accept any gift, payment, or gratuity in exchange for your vote
 1059  for a candidate. It is also a felony under Florida law to vote
 1060  in an election using a false identity or false address, or under
 1061  any other circumstances making your ballot false or fraudulent.
 1062         Section 17. Subsection (5) is added to section 101.6952,
 1063  Florida Statutes, to read:
 1064         101.6952 Absentee ballots for absent uniformed services and
 1065  overseas voters.—
 1066         (5) An absentee ballot from an overseas voter in any
 1067  presidential preference primary or general election which is
 1068  postmarked or signed and dated no later than the date of the
 1069  election and is received by the supervisor of elections of the
 1070  county in which the overseas voter is registered no later than
 1071  10 days after the date of the election shall be counted as long
 1072  as the absentee ballot is otherwise proper.
 1073         Section 18. Paragraphs (b) and (d) of subsection (4) of
 1074  section 102.031, Florida Statutes, are amended to read:
 1075         102.031 Maintenance of good order at polls; authorities;
 1076  persons allowed in polling rooms and early voting areas;
 1077  unlawful solicitation of voters.—
 1078         (4)
 1079         (b) For the purpose of this subsection, the terms “solicit”
 1080  or “solicitation” shall include, but not be limited to, seeking
 1081  or attempting to seek any vote, fact, opinion, or contribution;
 1082  distributing or attempting to distribute any political or
 1083  campaign material, leaflet, or handout; conducting a poll except
 1084  as specified in this paragraph; seeking or attempting to seek a
 1085  signature on any petition; and selling or attempting to sell any
 1086  item. The terms “solicit” or “solicitation” may shall not be
 1087  construed to prohibit exit polling.
 1088         (d) Except as provided in paragraph (a), the supervisor may
 1089  not designate a no-solicitation zone or otherwise restrict
 1090  access to any person, political committee, committee of
 1091  continuous existence, candidate, or other group or organization
 1092  for the purposes of soliciting voters. This paragraph applies to
 1093  any public or private property used as a polling place or early
 1094  voting site.
 1095         Section 19. Subsections (1) and (4) of section 102.141,
 1096  Florida Statutes, are amended to read:
 1097         102.141 County canvassing board; duties.—
 1098         (1) The county canvassing board shall be composed of the
 1099  supervisor of elections; a county court judge, who shall act as
 1100  chair; and the chair of the board of county commissioners.
 1101  Alternate canvassing board members must be appointed pursuant to
 1102  paragraph (e). In the event any member of the county canvassing
 1103  board is unable to serve, is a candidate who has opposition in
 1104  the election being canvassed, or is an active participant in the
 1105  campaign or candidacy of any candidate who has opposition in the
 1106  election being canvassed, such member shall be replaced as
 1107  follows:
 1108         (a) If no county court judge is able to serve or if all are
 1109  disqualified, the chief judge of the judicial circuit in which
 1110  the county is located shall appoint as a substitute member a
 1111  qualified elector of the county who is not a candidate with
 1112  opposition in the election being canvassed and who is not an
 1113  active participant in the campaign or candidacy of any candidate
 1114  with opposition in the election being canvassed. In such event,
 1115  the members of the county canvassing board shall meet and elect
 1116  a chair.
 1117         (b) If the supervisor of elections is unable to serve or is
 1118  disqualified, the chair of the board of county commissioners
 1119  shall appoint as a substitute member a member of the board of
 1120  county commissioners who is not a candidate with opposition in
 1121  the election being canvassed and who is not an active
 1122  participant in the campaign or candidacy of any candidate with
 1123  opposition in the election being canvassed. The supervisor,
 1124  however, shall act in an advisory capacity to the canvassing
 1125  board.
 1126         (c) If the chair of the board of county commissioners is
 1127  unable to serve or is disqualified, the board of county
 1128  commissioners shall appoint as a substitute member one of its
 1129  members who is not a candidate with opposition in the election
 1130  being canvassed and who is not an active participant in the
 1131  campaign or candidacy of any candidate with opposition in the
 1132  election being canvassed.
 1133         (d) If a substitute member or alternate member cannot be
 1134  appointed as provided elsewhere in this subsection, or in the
 1135  event of a vacancy in such office, the chief judge of the
 1136  judicial circuit in which the county is located shall appoint as
 1137  a substitute member or alternate member a qualified elector of
 1138  the county who is not a candidate with opposition in the
 1139  election being canvassed and who is not an active participant in
 1140  the campaign or candidacy of any candidate with opposition in
 1141  the election being canvassed.
 1142         (e)1. The chief judge of the judicial circuit in which the
 1143  county is located shall appoint a county court judge as an
 1144  alternate member of the county canvassing board or, if each
 1145  county court judge is unable to serve or is disqualified, shall
 1146  appoint an alternate member who is qualified to serve as a
 1147  substitute member under paragraph (a).
 1148         2. The chair of the board of county commissioners shall
 1149  appoint a member of the board of county commissioners as an
 1150  alternate member of the county canvassing board or, if each
 1151  member of the board of county commissioners is unable to serve
 1152  or is disqualified, shall appoint an alternate member who is
 1153  qualified to serve as a substitute member under paragraph (d).
 1154         3. If a member of the county canvassing board is unable to
 1155  participate in a meeting of the board, the chair of the county
 1156  canvassing board or his or her designee shall designate which
 1157  alternate member will serve as a member of the board in the
 1158  place of the member who is unable to participate at that
 1159  meeting.
 1160         4. If not serving as one of the three members of the county
 1161  canvassing board, an alternate member may be present, observe,
 1162  and communicate with the three members constituting the county
 1163  canvassing board, but may not vote in the board’s decisions or
 1164  determinations.
 1165         (4)(a) The supervisor of elections shall upload into the
 1166  county’s election management system by 7 p.m. on the day before
 1167  the election the results of all early voting and absentee
 1168  ballots that have been canvassed and tabulated by the end of the
 1169  early voting period. Pursuant to ss. 101.5614(9), 101.657, and
 1170  101.68(2), the tabulation of votes cast or the results of such
 1171  uploads may not be made public before the close of the polls on
 1172  election day.
 1173         (b) The canvassing board shall report all early voting and
 1174  all tabulated absentee results to the Department of State within
 1175  30 minutes after the polls close. Thereafter, the canvassing
 1176  board shall report, with the exception of provisional ballot
 1177  results, updated precinct election results to the department at
 1178  least every 45 minutes until all results are completely
 1179  reported. The supervisor of elections shall notify the
 1180  department immediately of any circumstances that do not permit
 1181  periodic updates as required. Results shall be submitted in a
 1182  format prescribed by the department.
 1183         Section 20. Section 104.0616, Florida Statutes, is amended
 1184  to read:
 1185         104.0616 Absentee ballots and voting; violations.—
 1186         (1) For purposes of this section, the term “immediate
 1187  family” means a person’s spouse or the parent, child,
 1188  grandparent, or sibling of the person or the person’s spouse.
 1189         (2) Any person who provides or offers to provide, and any
 1190  person who accepts, a pecuniary or other benefit in exchange for
 1191  distributing, ordering, requesting, collecting, delivering, or
 1192  otherwise physically possessing more than two absentee ballots
 1193  per election in addition to his or her own ballot or a ballot
 1194  belonging to an immediate family member, with intent to alter,
 1195  change, modify, or erase any vote on the absentee ballot, except
 1196  as provided in ss. 101.6105-101.695, commits a felony of the
 1197  third degree, punishable as provided in s. 775.082, s. 775.083,
 1198  or s. 775.084.
 1199         Section 21. This act shall take effect October 1, 2013.