Florida Senate - 2013                                      SB 80
       
       
       
       By Senator Joyner
       
       
       
       
       19-00130-13                                             201380__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 101.657,
    3         F.S.; expanding the list of available sites at which
    4         early voting may be held to include specified
    5         facilities or any other location designated by a
    6         supervisor of elections as meeting the requirements of
    7         state law; deleting a requirement that an early voting
    8         site be designated and used as such for at least 1
    9         year before an election; requiring that each county
   10         operate a certain total number of voting sites;
   11         revising the beginning and ending dates of early
   12         voting; revising the hours of early voting to 12 hours
   13         per weekday and 12 hours in the aggregate each weekend
   14         at each site during the applicable periods; deleting
   15         provisions that authorize the supervisor of elections
   16         to provide early voting for certain elections and to
   17         determine the hours of operation of early voting sites
   18         in those elections; amending s. 101.045, F.S.;
   19         permitting an elector to change his or her residence
   20         at a polling place and vote a regular ballot at that
   21         polling place; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Paragraphs (a) and (d) of subsection (1) of
   26  section 101.657, Florida Statutes, are amended to read:
   27         101.657 Early voting.—
   28         (1)(a) As a convenience to the voter, the supervisor of
   29  elections shall allow an elector to vote early in the main or
   30  branch office of the supervisor and may allow such early voting
   31  in any city hall, public library facility, courthouse, place of
   32  worship, civic center, convention center, community center,
   33  county government center, conference center, community college
   34  facility, university or college, fairgrounds, or any other
   35  location designated by the supervisor as meeting the
   36  requirements of this section. The supervisor shall mark, code,
   37  indicate on, or otherwise track the voter’s precinct for each
   38  early voted ballot. In order for a branch office to be used for
   39  early voting, it shall be a permanent facility of the supervisor
   40  and shall have been designated and used as such for at least 1
   41  year prior to the election. The supervisor may also designate
   42  any city hall or permanent public library facility as Early
   43  voting sites; however, if so designated, the sites must be
   44  geographically located so as to provide all voters in the county
   45  an equal opportunity to cast a ballot, insofar as is
   46  practicable. Each county shall operate the same total number of
   47  early voting sites that it used for the 2008 general election,
   48  or one early voting site plus one additional early voting site
   49  for every complete set of 65,000 registered voters in the county
   50  as of July 1 of each general election year, whichever is
   51  greater. The results or tabulation of votes cast during early
   52  voting may not be made before the close of the polls on election
   53  day. Results shall be reported by precinct.
   54         (d) Early voting shall begin on the 15th 10th day before an
   55  election that contains state or federal races and end on the 2nd
   56  3rd day before the election. For purposes of a special election
   57  held pursuant to s. 100.101, early voting shall begin on the 8th
   58  day before the election and end on the 2nd day before the
   59  election. Early voting, and shall be provided for 12 no less
   60  than 6 hours per weekday and 12 hours in the aggregate each
   61  weekend no more than 12 hours per day at each site during the
   62  applicable periods. Early voting sites shall open no sooner than
   63  7 a.m. and close no later than 7 p.m. on each applicable day.
   64  period. The supervisor of elections may provide early voting for
   65  elections that are not held in conjunction with a state or
   66  federal election. However, the supervisor has the discretion to
   67  determine the hours of operation of early voting sites in those
   68  elections.
   69         Section 2.  Subsection (2) of section 101.045, Florida
   70  Statutes, is amended to read:
   71         101.045 Electors must be registered in precinct; provisions
   72  for change of residence or name.—
   73         (2)(a) An elector who moves from the precinct in which the
   74  elector is registered may be permitted to change his or her
   75  place of residence and vote by regular ballot in the precinct to
   76  which he or she has moved his or her legal residence, if the
   77  change of residence is within the same county and the elector
   78  completes an affirmation in substantially the following form:
   79  
   80               Change of Legal Residence of Registered             
   81                                Voter                              
   82  
   83  Under penalties for false swearing, I, ...(Name of voter)...,
   84  swear (or affirm) that the former address of my legal residence
   85  was ...(Address of legal residence)... in the municipality of
   86  ...., in .... County, Florida, and I was registered to vote in
   87  the .... precinct of .... County, Florida; that I have not voted
   88  in the precinct of my former registration in this election; that
   89  I now reside at ...(Address of legal residence)... in the
   90  Municipality of ...., in .... County, Florida, and am therefore
   91  eligible to vote in the .... precinct of .... County, Florida;
   92  and I further swear (or affirm) that I am otherwise legally
   93  registered and entitled to vote.
   94  
   95  ...(Signature of voter whose address of legal residence has
   96  changed)...
   97  
   98         (b) Except for an active uniformed services voter or a
   99  member of his or her family, an elector whose change of address
  100  is from outside the county may not change his or her legal
  101  residence at the polling place and vote a regular ballot;
  102  however, such elector is entitled to vote a provisional ballot.
  103         (b)(c) An elector whose name changes because of marriage or
  104  other legal process may be permitted to vote, provided such
  105  elector completes an affirmation in substantially the following
  106  form:
  107  
  108                    Change of Name of Registered                   
  109                                Voter                              
  110  
  111  Under penalties for false swearing, I, ...(New name of
  112  voter)..., swear (or affirm) that my name has been changed
  113  because of marriage or other legal process. My former name and
  114  address of legal residence appear on the registration records of
  115  precinct .... as follows:
  116  Name............................................................
  117  Address.........................................................
  118  Municipality....................................................
  119  County..........................................................
  120  Florida, Zip....................................................
  121  My present name and address of legal residence are as follows:
  122  Name............................................................
  123  Address.........................................................
  124  Municipality....................................................
  125  County..........................................................
  126  Florida, Zip....................................................
  127  and I further swear (or affirm) that I am otherwise legally
  128  registered and entitled to vote.
  129  
  130  ...(Signature of voter whose name has changed)...
  131  
  132         (c)(d) Instead of the affirmation contained in paragraph
  133  (a) or paragraph (b) (c), an elector may complete a voter
  134  registration application that indicates the change of name or
  135  change of address of legal residence.
  136         (d)(e) Such affirmation or application, when completed and
  137  presented at the precinct in which such elector is entitled to
  138  vote, and upon verification of the elector’s registration, shall
  139  entitle such elector to vote as provided in this subsection. If
  140  the elector’s eligibility to vote cannot be determined, he or
  141  she shall be entitled to vote a provisional ballot, subject to
  142  the requirements and procedures in s. 101.048. Upon receipt of
  143  an affirmation or application certifying a change in address of
  144  legal residence or name, the supervisor shall as soon as
  145  practicable make the necessary changes in the statewide voter
  146  registration system to indicate the change in address of legal
  147  residence or name of such elector.
  148         Section 3. This act shall take effect July 1, 2013.