Florida Senate - 2015                                    SB 7064
       
       
        
       By the Committee on Ethics and Elections
       
       
       
       
       
       582-02825A-15                                         20157064__
    1                        A bill to be entitled                      
    2         An act relating to elections; creating s. 97.0525,
    3         F.S.; requiring the Division of Elections of the
    4         Department of State to develop an online voter
    5         registration system; providing application and
    6         security requirements; requiring the system to compare
    7         information submitted online with Department of
    8         Highway Safety and Motor Vehicles records; providing
    9         for the disposition of voter registration
   10         applications; requiring system compliance with federal
   11         accessibility provisions; providing for construction;
   12         requiring the division to report to the Legislature
   13         regarding online voter registration implementation by
   14         a specified date; amending s. 97.0535, F.S.; revising
   15         forms of acceptable identification for certain voter
   16         registration applicants; amending s. 98.077, F.S.;
   17         revising the time by which updates of voter signatures
   18         must be received by the supervisor of elections;
   19         removing the requirement that a voter signature on
   20         file at the start of the canvassing of absentee
   21         ballots be used for signature verification on absentee
   22         and provisional ballot certificates; amending s.
   23         101.001, F.S.; revising requirements for precinct
   24         boundaries as of a specified date; amending s.
   25         101.043, F.S.; authorizing additional forms of
   26         acceptable voter identification at a polling place or
   27         early voting site; amending s. 101.20, F.S.;
   28         authorizing a sample ballot to be mailed to certain
   29         electors in lieu of publication; amending s. 101.6102,
   30         F.S.; authorizing cities to conduct certain elections
   31         by mail if approved by the governing body and
   32         supervisor of elections; amending s. 101.62, F.S.;
   33         revising the time by which the supervisor must make
   34         certain absentee ballot information available;
   35         amending s. 101.65, F.S.; conforming a provision to
   36         changes made by the act; amending s. 101.657, F.S.;
   37         modifying timing requirements for designating early
   38         voting sites in special elections; amending ss. 101.68
   39         and 101.6923, F.S.; conforming provisions to changes
   40         made by the act; providing effective dates.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 97.0525, Florida Statutes, is created to
   45  read:
   46         97.0525 Online voter registration.—
   47         (1) Beginning October 1, 2017, an applicant may submit an
   48  online voter registration application using the procedures set
   49  forth in this section.
   50         (2) The division shall establish a secure Internet website
   51  to permit an applicant to:
   52         (a) Submit a voter registration application, including
   53  first-time voter registration applications and updates to
   54  existing voter registration records.
   55         (b) Submit information necessary to establish an
   56  applicant’s eligibility to vote, pursuant to s. 97.041, which
   57  must include the information required for the uniform statewide
   58  voter registration application pursuant to s. 97.052(2).
   59         (c) Swear to the oath required pursuant to s. 97.051.
   60         (3) The division shall establish appropriate technological
   61  security measures, including use of a unique identifier for each
   62  applicant, to prevent unauthorized persons from altering a
   63  voter’s registration information.
   64         (4)(a) The online voter registration system shall compare
   65  the Florida driver license number or Florida identification
   66  number submitted pursuant to s. 97.052(2)(n) with information
   67  maintained by the Department of Highway Safety and Motor
   68  Vehicles to confirm that the name and date of birth on the
   69  application are consistent with the records of the Department of
   70  Highway Safety and Motor Vehicles.
   71         (b) If the applicant’s name and date of birth are
   72  consistent with the records of the Department of Highway Safety
   73  and Motor Vehicles, the online voter registration system shall
   74  transmit, using the statewide voter registration system
   75  maintained pursuant to s. 98.035, the applicant’s registration
   76  application, along with the digital signature of the applicant
   77  on file with the Department of Highway Safety and Motor
   78  Vehicles, to the supervisor of elections. The applicant’s
   79  digital signature satisfies the signature requirement of s.
   80  97.052(2)(q).
   81         (c) If the applicant’s name and date of birth cannot be
   82  verified by the records of the Department of Highway Safety and
   83  Motor Vehicles, or if the applicant indicated that he or she has
   84  not been issued a Florida driver license or Florida
   85  identification card, the online voter registration system shall
   86  populate the applicant’s information into a printable voter
   87  registration application pursuant to s. 97.052(2) and direct the
   88  applicant to print, sign, and date the application and deliver
   89  the application to the supervisor of elections for disposition
   90  pursuant to s. 97.073.
   91         (5) Upon submission of a completed online voter
   92  registration application, the website must generate an immediate
   93  electronic confirmation that the supervisor of elections has
   94  received the application and provide instructions regarding the
   95  ability of a registrant to check the status of the application
   96  thereafter.
   97         (6) Except as otherwise provided in this section, the
   98  supervisor of elections shall process the application pursuant
   99  to s. 97.053.
  100         (7) The online voter registration system must conform to
  101  nationally accepted standards for accessibility for individuals
  102  with disabilities, including s. 508 of the Rehabilitation Act of
  103  1973, s. 255 of the Telecommunications Act of 1996, and the Web
  104  Content Accessibility Guidelines of the World Wide Web
  105  Consortium, to ensure equal access for voters with disabilities.
  106         (8) A legal distinction may not be made between online
  107  voter registration under this section and voter registration in
  108  person, by mail, or by other methods provided by general law.
  109         Section 2. No later than January 1, 2016, the Division of
  110  Elections shall submit a report to the President of the Senate
  111  and the Speaker of the House of Representatives regarding the
  112  implementation of online voter registration. In the report, the
  113  division shall summarize progress to date in implementing online
  114  voter registration and expected implementation timeframes, and
  115  shall propose any further legislation needed to facilitate
  116  online voter registration.
  117         Section 3. Paragraph (a) of subsection (3) of section
  118  97.0535, Florida Statutes, is amended to read:
  119         97.0535 Special requirements for certain applicants.—
  120         (3)(a) The following forms of identification shall be
  121  considered current and valid if they contain the name and
  122  photograph of the applicant and have not expired:
  123         1. United States passport or passport card.
  124         2. Debit or credit card.
  125         3. Military identification.
  126         4. Student identification.
  127         5. Retirement center identification.
  128         6. Neighborhood association identification.
  129         7. Public assistance identification.
  130         8. United States Department of Veterans Affairs veteran
  131  health identification card.
  132         9. A license to carry a concealed weapon or firearm issued
  133  pursuant to s. 790.06.
  134         Section 4. Subsection (4) of section 98.077, Florida
  135  Statutes, is amended to read:
  136         98.077 Update of voter signature.—
  137         (4) All signature updates for use in verifying absentee and
  138  provisional ballots must be received by the appropriate
  139  supervisor of elections no later than 5 p.m. on the day before
  140  an election the start of the canvassing of absentee ballots by
  141  the canvassing board. The signature on file at the start of the
  142  canvass of the absentee ballots is the signature that shall be
  143  used in verifying the signature on the absentee and provisional
  144  ballot certificates.
  145         Section 5. Effective January 1, 2021, paragraph (e) of
  146  subsection (3) of section 101.001, Florida Statutes, is amended
  147  to read:
  148         101.001 Precincts and polling places; boundaries.—
  149         (3)
  150         (e) A Any precinct established or altered under the
  151  provisions of this section shall consist of areas bounded on all
  152  sides only by census block boundaries from the most recent
  153  United States Census. If the census block boundaries split or
  154  conflict with the another political boundary listed below, the
  155  boundary listed below may be used:
  156         1. Governmental unit boundaries reported in the most recent
  157  Boundary and Annexation Survey published by the United States
  158  Census Bureau;
  159         2. Visible features that are readily distinguishable upon
  160  the ground, such as streets, railroads, tracks, streams, and
  161  lakes, and that are indicated upon current census maps, official
  162  Department of Transportation maps, official municipal maps,
  163  official county maps, or a combination of such maps;
  164         3. Boundaries of public parks, public school grounds, or
  165  churches; or
  166         4. boundaries of counties, incorporated municipalities, or
  167  other political subdivisions, such boundaries may be used
  168  provided that they meet criteria established by the United
  169  States Census Bureau for block boundaries.
  170         Section 6. Paragraph (a) of subsection (1) of section
  171  101.043, Florida Statutes, is amended to read:
  172         101.043 Identification required at polls.—
  173         (1)(a) The precinct register, as prescribed in s. 98.461,
  174  shall be used at the polls for the purpose of identifying the
  175  elector at the polls before allowing him or her to vote. The
  176  clerk or inspector shall require each elector, upon entering the
  177  polling place, to present one of the following current and valid
  178  picture identifications:
  179         1. Florida driver license.
  180         2. Florida identification card issued by the Department of
  181  Highway Safety and Motor Vehicles.
  182         3. United States passport or passport card.
  183         4. Debit or credit card.
  184         5. Military identification.
  185         6. Student identification.
  186         7. Retirement center identification.
  187         8. Neighborhood association identification.
  188         9. Public assistance identification.
  189         10. United States Department of Veterans Affairs veteran
  190  health identification card.
  191         11. A license to carry a concealed weapon or firearm issued
  192  pursuant to s. 790.06.
  193         Section 7. Subsection (2) of section 101.20, Florida
  194  Statutes, is amended to read:
  195         101.20 Publication of ballot form; sample ballots.—
  196         (2) Upon completion of the list of qualified candidates, a
  197  sample ballot shall be published by the supervisor of elections
  198  in a newspaper of general circulation in the county, before the
  199  day of election. A supervisor may send a sample ballot to each
  200  registered elector by e-mail at least 7 days before an election
  201  if an e-mail address has been provided and the elector has opted
  202  to receive a sample ballot by electronic delivery. If an e-mail
  203  address has not been provided, or if the elector has not opted
  204  for electronic delivery, a sample ballot may be mailed to each
  205  registered elector or to each household in which there is a
  206  registered elector in lieu of publication at least 7 days before
  207  an election.
  208         Section 8. Paragraph (c) is added to subsection (1) of
  209  section 101.6102, Florida Statutes, to read:
  210         101.6102 Mail ballot elections; limitations.—
  211         (1)
  212         (c) Notwithstanding subsection (2), cities may conduct
  213  candidate elections by mail if approved by the governing body
  214  and the supervisor of elections.
  215         Section 9. Subsection (3) of section 101.62, Florida
  216  Statutes, is amended to read:
  217         101.62 Request for absentee ballots.—
  218         (3) For each request for an absentee ballot received, the
  219  supervisor shall record the date the request was made, the date
  220  the absentee ballot was delivered to the voter or the voter’s
  221  designee or the date the absentee ballot was delivered to the
  222  post office or other carrier, the date the ballot was received
  223  by the supervisor, the absence of the voter’s signature on the
  224  voter’s certificate, if applicable, and such other information
  225  he or she may deem necessary. This information shall be provided
  226  in electronic format as provided by rule adopted by the
  227  division. The information shall be updated and made available no
  228  later than noon 8 a.m. of each day, including weekends,
  229  beginning 60 days before the primary until 15 days after the
  230  general election and shall be contemporaneously provided to the
  231  division. This information shall be confidential and exempt from
  232  s. 119.07(1) and shall be made available to or reproduced only
  233  for the voter requesting the ballot, a canvassing board, an
  234  election official, a political party or official thereof, a
  235  candidate who has filed qualification papers and is opposed in
  236  an upcoming election, and registered political committees for
  237  political purposes only.
  238         Section 10. Section 101.65, Florida Statutes, is amended to
  239  read:
  240         101.65 Instructions to absent electors.—The supervisor
  241  shall enclose with each absentee ballot separate printed
  242  instructions in substantially the following form:
  243  
  244                  READ THESE INSTRUCTIONS CAREFULLY                
  245                       BEFORE MARKING BALLOT.                      
  246         1. VERY IMPORTANT. In order to ensure that your absentee
  247  ballot will be counted, it should be completed and returned as
  248  soon as possible so that it can reach the supervisor of
  249  elections of the county in which your precinct is located no
  250  later than 7 p.m. on the day of the election. However, if you
  251  are an overseas voter casting a ballot in a presidential
  252  preference primary or general election, your absentee ballot
  253  must be postmarked or dated no later than the date of the
  254  election and received by the supervisor of elections of the
  255  county in which you are registered to vote no later than 10 days
  256  after the date of the election.
  257         2. Mark your ballot in secret as instructed on the ballot.
  258  You must mark your own ballot unless you are unable to do so
  259  because of blindness, disability, or inability to read or write.
  260         3. Mark only the number of candidates or issue choices for
  261  a race as indicated on the ballot. If you are allowed to “Vote
  262  for One” candidate and you vote for more than one candidate,
  263  your vote in that race will not be counted.
  264         4. Place your marked ballot in the enclosed secrecy
  265  envelope.
  266         5. Insert the secrecy envelope into the enclosed mailing
  267  envelope which is addressed to the supervisor.
  268         6. Seal the mailing envelope and completely fill out the
  269  Voter’s Certificate on the back of the mailing envelope.
  270         7. VERY IMPORTANT. In order for your absentee ballot to be
  271  counted, you must sign your name on the line above (Voter’s
  272  Signature). An absentee ballot will be considered illegal and
  273  not be counted if the signature on the voter’s certificate does
  274  not match the signature on record. The signature on file at the
  275  start of the canvass of the absentee ballots is the signature
  276  that will be used to verify your signature on the voter’s
  277  certificate. If you need to update your signature for this
  278  election, send your signature update on a voter registration
  279  application to your supervisor of elections so that it is
  280  received no later than 5 p.m. on the day before an election the
  281  start of the canvassing of absentee ballots, which occurs no
  282  earlier than the 15th day before election day.
  283         8. VERY IMPORTANT. If you are an overseas voter, you must
  284  include the date you signed the Voter’s Certificate on the line
  285  above (Date) or your ballot may not be counted.
  286         9. Mail, deliver, or have delivered the completed mailing
  287  envelope. Be sure there is sufficient postage if mailed.
  288         10. FELONY NOTICE. It is a felony under Florida law to
  289  accept any gift, payment, or gratuity in exchange for your vote
  290  for a candidate. It is also a felony under Florida law to vote
  291  in an election using a false identity or false address, or under
  292  any other circumstances making your ballot false or fraudulent.
  293         Section 11. Paragraph (b) of subsection (1) of section
  294  101.657, Florida Statutes, is amended to read:
  295         101.657 Early voting.—
  296         (1)
  297         (b) The supervisor shall designate each early voting site
  298  by no later than the 30th day before prior to an election and
  299  shall designate an early voting area, as defined in s. 97.021,
  300  at each early voting site. The supervisor shall designate, as
  301  necessary, the early voting sites in a special election held in
  302  a county. The supervisor shall provide to the division no later
  303  than the 30th day before an election the address of each early
  304  voting site and the hours that early voting will occur at each
  305  site.
  306         Section 12. Paragraph (d) of subsection (4) of section
  307  101.68, Florida Statutes, is amended, and subsection (5) is
  308  added to that section, to read:
  309         101.68 Canvassing of absentee ballot.—
  310         (4)
  311         (d) Instructions must accompany the absentee ballot
  312  affidavit in substantially the following form:
  313  
  314         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  315  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  316  BALLOT NOT TO COUNT.
  317  
  318         1. In order to ensure that your absentee ballot will be
  319  counted, your affidavit should be completed and returned as soon
  320  as possible so that it can reach the supervisor of elections of
  321  the county in which your precinct is located no later than 5
  322  p.m. on the 2nd day before the election.
  323         2. You must sign your name on the line above (Voter’s
  324  Signature).
  325         3. You must make a copy of one of the following forms of
  326  identification:
  327         a. Identification that includes your name and photograph:
  328  United States passport or passport card; debit or credit card;
  329  military identification; student identification; retirement
  330  center identification; neighborhood association identification;
  331  or public assistance identification; United States Department of
  332  Veterans Affairs veteran health identification card; or license
  333  to carry a concealed weapon or firearm issued pursuant to s.
  334  790.06; or
  335         b. Identification that shows your name and current
  336  residence address: current utility bill, bank statement,
  337  government check, paycheck, or government document (excluding
  338  voter identification card).
  339         4. Place the envelope bearing the affidavit into a mailing
  340  envelope addressed to the supervisor. Insert a copy of your
  341  identification in the mailing envelope. Mail, deliver, or have
  342  delivered the completed affidavit along with the copy of your
  343  identification to your county supervisor of elections. Be sure
  344  there is sufficient postage if mailed and that the supervisor’s
  345  address is correct.
  346         5. Alternatively, you may fax or e-mail your completed
  347  affidavit and a copy of your identification to the supervisor of
  348  elections. If e-mailing, please provide these documents as
  349  attachments.
  350         (5) The supervisor shall allow an elector who has submitted
  351  an absentee ballot to update his or her signature until 5 p.m.
  352  on the day before an election if the ballot has not been
  353  canvassed by the canvassing board.
  354         Section 13. Subsection (2) of section 101.6923, Florida
  355  Statutes, is amended to read:
  356         101.6923 Special absentee ballot instructions for certain
  357  first-time voters.—
  358         (2) A voter covered by this section shall be provided with
  359  printed instructions with his or her absentee ballot in
  360  substantially the following form:
  361  
  362  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
  363  FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
  364  TO COUNT.
  365  
  366         1. In order to ensure that your absentee ballot will be
  367  counted, it should be completed and returned as soon as possible
  368  so that it can reach the supervisor of elections of the county
  369  in which your precinct is located no later than 7 p.m. on the
  370  date of the election. However, if you are an overseas voter
  371  casting a ballot in a presidential preference primary or general
  372  election, your absentee ballot must be postmarked or dated no
  373  later than the date of the election and received by the
  374  supervisor of elections of the county in which you are
  375  registered to vote no later than 10 days after the date of the
  376  election.
  377         2. Mark your ballot in secret as instructed on the ballot.
  378  You must mark your own ballot unless you are unable to do so
  379  because of blindness, disability, or inability to read or write.
  380         3. Mark only the number of candidates or issue choices for
  381  a race as indicated on the ballot. If you are allowed to “Vote
  382  for One” candidate and you vote for more than one, your vote in
  383  that race will not be counted.
  384         4. Place your marked ballot in the enclosed secrecy
  385  envelope and seal the envelope.
  386         5. Insert the secrecy envelope into the enclosed envelope
  387  bearing the Voter’s Certificate. Seal the envelope and
  388  completely fill out the Voter’s Certificate on the back of the
  389  envelope.
  390         a. You must sign your name on the line above (Voter’s
  391  Signature).
  392         b. If you are an overseas voter, you must include the date
  393  you signed the Voter’s Certificate on the line above (Date) or
  394  your ballot may not be counted.
  395         c. An absentee ballot will be considered illegal and will
  396  not be counted if the signature on the Voter’s Certificate does
  397  not match the signature on record. The signature on file at the
  398  start of the canvass of the absentee ballots is the signature
  399  that will be used to verify your signature on the Voter’s
  400  Certificate. If you need to update your signature for this
  401  election, send your signature update on a voter registration
  402  application to your supervisor of elections so that it is
  403  received no later than 5 p.m. on the day before an election the
  404  start of canvassing of absentee ballots, which occurs no earlier
  405  than the 15th day before election day.
  406         6. Unless you meet one of the exemptions in Item 7., you
  407  must make a copy of one of the following forms of
  408  identification:
  409         a. Identification which must include your name and
  410  photograph: United States passport or passport card; debit or
  411  credit card; military identification; student identification;
  412  retirement center identification; neighborhood association
  413  identification; or public assistance identification; United
  414  States Department of Veterans Affairs veteran health
  415  identification card; or license to carry a concealed weapon or
  416  firearm issued pursuant to s. 790.06; or
  417         b. Identification that which shows your name and current
  418  residence address: current utility bill, bank statement,
  419  government check, paycheck, or government document (excluding
  420  voter identification card).
  421         7. The identification requirements of Item 6. do not apply
  422  if you meet one of the following requirements:
  423         a. You are 65 years of age or older.
  424         b. You have a temporary or permanent physical disability.
  425         c. You are a member of a uniformed service on active duty
  426  who, by reason of such active duty, will be absent from the
  427  county on election day.
  428         d. You are a member of the Merchant Marine who, by reason
  429  of service in the Merchant Marine, will be absent from the
  430  county on election day.
  431         e. You are the spouse or dependent of a member referred to
  432  in paragraph c. or paragraph d. who, by reason of the active
  433  duty or service of the member, will be absent from the county on
  434  election day.
  435         f. You are currently residing outside the United States.
  436         8. Place the envelope bearing the Voter’s Certificate into
  437  the mailing envelope addressed to the supervisor. Insert a copy
  438  of your identification in the mailing envelope. DO NOT PUT YOUR
  439  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
  440  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
  441  BALLOT WILL NOT COUNT.
  442         9. Mail, deliver, or have delivered the completed mailing
  443  envelope. Be sure there is sufficient postage if mailed.
  444         10. FELONY NOTICE. It is a felony under Florida law to
  445  accept any gift, payment, or gratuity in exchange for your vote
  446  for a candidate. It is also a felony under Florida law to vote
  447  in an election using a false identity or false address, or under
  448  any other circumstances making your ballot false or fraudulent.
  449         Section 14. Except as otherwise expressly provided in this
  450  act, this act shall take effect July 1, 2015.