Florida Senate - 2015 SB 1058 By Senator Smith 31-01326-15 20151058__ 1 A bill to be entitled 2 An act relating to canvassing of absentee ballots; 3 amending s. 101.68, F.S.; extending the time for 4 canvassing and processing absentee ballots to 28 days 5 before an election; amending ss. 101.65 and 101.6923, 6 F.S.; revising absentee ballot instructions for absent 7 electors and certain first-time voters, respectively, 8 to conform to changes made by the act; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (a) of subsection (2) of section 14 101.68, Florida Statutes, is amended to read: 15 101.68 Canvassing of absentee ballot.— 16 (2)(a) The county canvassing board may begin the canvassing 17 of absentee ballots at 7 a.m. on the 28th15thday before the 18 election, but not later than noon on the day following the 19 election. In addition, for any county using electronic 20 tabulating equipment, the processing of absentee ballots through 21 such tabulating equipment may begin at 7 a.m. on the 28th15th22 day before the election. However, notwithstanding any such 23 authorization to begin canvassing or otherwise processing 24 absentee ballots early, no result shall be released until after 25 the closing of the polls in that county on election day. Any 26 supervisor of elections, deputy supervisor of elections, 27 canvassing board member, election board member, or election 28 employee who releases the results of a canvassing or processing 29 of absentee ballots beforeprior tothe closing of the polls in 30 that county on election day commits a felony of the third 31 degree, punishable as provided in s. 775.082, s. 775.083, or s. 32 775.084. 33 Section 2. Section 101.65, Florida Statutes, is amended to 34 read: 35 101.65 Instructions to absent electors.—The supervisor 36 shall enclose with each absentee ballot separate printed 37 instructions in substantially the following form: 38 39 READ THESE INSTRUCTIONS CAREFULLY 40 BEFORE MARKING BALLOT. 41 1. VERY IMPORTANT. In order to ensure that your absentee 42 ballot will be counted, it should be completed and returned as 43 soon as possible so that it can reach the supervisor of 44 elections of the county in which your precinct is located no 45 later than 7 p.m. on the day of the election. However, if you 46 are an overseas voter casting a ballot in a presidential 47 preference primary or general election, your absentee ballot 48 must be postmarked or dated no later than the date of the 49 election and received by the supervisor of elections of the 50 county in which you are registered to vote no later than 10 days 51 after the date of the election. 52 2. Mark your ballot in secret as instructed on the ballot. 53 You must mark your own ballot unless you are unable to do so 54 because of blindness, disability, or inability to read or write. 55 3. Mark only the number of candidates or issue choices for 56 a race as indicated on the ballot. If you are allowed to “Vote 57 for One” candidate and you vote for more than one candidate, 58 your vote in that race will not be counted. 59 4. Place your marked ballot in the enclosed secrecy 60 envelope. 61 5. Insert the secrecy envelope into the enclosed mailing 62 envelope which is addressed to the supervisor. 63 6. Seal the mailing envelope and completely fill out the 64 Voter’s Certificate on the back of the mailing envelope. 65 7. VERY IMPORTANT. In order for your absentee ballot to be 66 counted, you must sign your name on the line above (Voter’s 67 Signature). An absentee ballot will be considered illegal and 68 not be counted if the signature on the voter’s certificate does 69 not match the signature on record. The signature on file at the 70 start of the canvass of the absentee ballots is the signature 71 that will be used to verify your signature on the voter’s 72 certificate. If you need to update your signature for this 73 election, send your signature update on a voter registration 74 application to your supervisor of elections so that it is 75 received no later than the start of the canvassing of absentee 76 ballots, which occurs no earlier than the 28th15thday before 77 election day. 78 8. VERY IMPORTANT. If you are an overseas voter, you must 79 include the date you signed the Voter’s Certificate on the line 80 above (Date) or your ballot may not be counted. 81 9. Mail, deliver, or have delivered the completed mailing 82 envelope. Be sure there is sufficient postage if mailed. 83 10. FELONY NOTICE. It is a felony under Florida law to 84 accept any gift, payment, or gratuity in exchange for your vote 85 for a candidate. It is also a felony under Florida law to vote 86 in an election using a false identity or false address, or under 87 any other circumstances making your ballot false or fraudulent. 88 Section 3. Subsection (2) of section 101.6923, Florida 89 Statutes, is amended to read: 90 101.6923 Special absentee ballot instructions for certain 91 first-time voters.— 92 (2) A voter covered by this section shall be provided with 93 printed instructions with his or her absentee ballot in 94 substantially the following form: 95 96 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR 97 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 98 YOUR BALLOT NOT TO COUNT. 99 100 1. In order to ensure that your absentee ballot will be 101 counted, it should be completed and returned as soon as possible 102 so that it can reach the supervisor of elections of the county 103 in which your precinct is located no later than 7 p.m. on the 104 date of the election. However, if you are an overseas voter 105 casting a ballot in a presidential preference primary or general 106 election, your absentee ballot must be postmarked or dated no 107 later than the date of the election and received by the 108 supervisor of elections of the county in which you are 109 registered to vote no later than 10 days after the date of the 110 election. 111 2. Mark your ballot in secret as instructed on the ballot. 112 You must mark your own ballot unless you are unable to do so 113 because of blindness, disability, or inability to read or write. 114 3. Mark only the number of candidates or issue choices for 115 a race as indicated on the ballot. If you are allowed to “Vote 116 for One” candidate and you vote for more than one, your vote in 117 that race will not be counted. 118 4. Place your marked ballot in the enclosed secrecy 119 envelope and seal the envelope. 120 5. Insert the secrecy envelope into the enclosed envelope 121 bearing the Voter’s Certificate. Seal the envelope and 122 completely fill out the Voter’s Certificate on the back of the 123 envelope. 124 a. You must sign your name on the line above (Voter’s 125 Signature). 126 b. If you are an overseas voter, you must include the date 127 you signed the Voter’s Certificate on the line above (Date) or 128 your ballot may not be counted. 129 c. An absentee ballot will be considered illegal and will 130 not be counted if the signature on the Voter’s Certificate does 131 not match the signature on record. The signature on file at the 132 start of the canvass of the absentee ballots is the signature 133 that will be used to verify your signature on the Voter’s 134 Certificate. If you need to update your signature for this 135 election, send your signature update on a voter registration 136 application to your supervisor of elections so that it is 137 received no later than the start of canvassing of absentee 138 ballots, which occurs no earlier than the 28th15thday before 139 election day. 140 6. Unless you meet one of the exemptions in Item 7., you 141 must make a copy of one of the following forms of 142 identification: 143 a. Identification which must include your name and 144 photograph: United States passport; debit or credit card; 145 military identification; student identification; retirement 146 center identification; neighborhood association identification; 147 or public assistance identification; or 148 b. Identification which shows your name and current 149 residence address: current utility bill, bank statement, 150 government check, paycheck, or government document (excluding 151 voter identification card). 152 7. The identification requirements of Item 6. do not apply 153 if you meet one of the following requirements: 154 a. You are 65 years of age or older. 155 b. You have a temporary or permanent physical disability. 156 c. You are a member of a uniformed service on active duty 157 who, by reason of such active duty, will be absent from the 158 county on election day. 159 d. You are a member of the Merchant Marine who, by reason 160 of service in the Merchant Marine, will be absent from the 161 county on election day. 162 e. You are the spouse or dependent of a member referred to 163 in paragraph c. or paragraph d. who, by reason of the active 164 duty or service of the member, will be absent from the county on 165 election day. 166 f. You are currently residing outside the United States. 167 8. Place the envelope bearing the Voter’s Certificate into 168 the mailing envelope addressed to the supervisor. Insert a copy 169 of your identification in the mailing envelope. DO NOT PUT YOUR 170 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR 171 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR 172 BALLOT WILL NOT COUNT. 173 9. Mail, deliver, or have delivered the completed mailing 174 envelope. Be sure there is sufficient postage if mailed. 175 10. FELONY NOTICE. It is a felony under Florida law to 176 accept any gift, payment, or gratuity in exchange for your vote 177 for a candidate. It is also a felony under Florida law to vote 178 in an election using a false identity or false address, or under 179 any other circumstances making your ballot false or fraudulent. 180 Section 4. This act shall take effect July 1, 2015.