Florida Senate - 2015 (PROPOSED BILL) SPB 7064
FOR CONSIDERATION By the Committee on Ethics and Elections
582-01692F-15 20157064pb
1 A bill to be entitled
2 An act relating to elections; amending s. 97.0535,
3 F.S.; revising forms of acceptable identification for
4 certain voter registration applicants; amending s.
5 98.077, F.S.; revising the time by which updates of
6 voter signatures must be received by the supervisor of
7 elections; removing the requirement that a voter
8 signature on file at the start of the canvassing of
9 absentee ballots be used for signature verification on
10 absentee and provisional ballot certificates; amending
11 s. 101.001, F.S.; revising requirements for precinct
12 boundaries as of a specified date; amending s.
13 101.043, F.S.; revising authorized methods for
14 identifying an elector at a polling place; amending s.
15 101.20, F.S.; authorizing a sample ballot to be mailed
16 to certain electors in lieu of publication; amending
17 s. 101.6102, F.S.; authorizing cities to conduct
18 certain elections by mail if approved by the governing
19 body and supervisor of elections; amending s. 101.62,
20 F.S.; revising the time by which the supervisor must
21 make certain absentee ballot information available;
22 amending s. 101.65, F.S.; conforming a provision to
23 changes made by the act; amending s. 101.657, F.S.;
24 requiring the supervisor to designate early voting
25 sites in certain special elections; amending ss.
26 101.68 and 101.6923, F.S.; conforming provisions to
27 changes made by the act; amending ss. 189.04 and
28 190.006, F.S.; requiring certain special district and
29 community development district elections to be held at
30 a primary election; providing effective dates.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34
35 Section 1. Paragraph (a) of subsection (3) of section
36 97.0535, Florida Statutes, is amended to read:
37 97.0535 Special requirements for certain applicants.—
38 (3)(a) The following forms of identification shall be
39 considered current and valid if they contain the name and
40 photograph of the applicant and have not expired:
41 1. United States passport or passport card.
42 2. Debit or credit card.
43 3. Military identification.
44 4. Student identification.
45 5. Retirement center identification.
46 6. Neighborhood association identification.
47 7. Public assistance identification.
48 8. United States Department of Veterans Affairs veteran
49 health identification card.
50 9. A license to carry a concealed weapon or firearm issued
51 pursuant to s. 790.06.
52 Section 2. Subsection (4) of section 98.077, Florida
53 Statutes, is amended to read:
54 98.077 Update of voter signature.—
55 (4) All signature updates for use in verifying absentee and
56 provisional ballots must be received by the appropriate
57 supervisor of elections no later than 5 p.m. on the day before
58 an election the start of the canvassing of absentee ballots by
59 the canvassing board. The signature on file at the start of the
60 canvass of the absentee ballots is the signature that shall be
61 used in verifying the signature on the absentee and provisional
62 ballot certificates.
63 Section 3. Effective January 1, 2021, paragraph (e) of
64 subsection (3) of section 101.001, Florida Statutes, is amended
65 to read:
66 101.001 Precincts and polling places; boundaries.—
67 (3)
68 (e) A Any precinct established or altered under the
69 provisions of this section shall consist of areas bounded on all
70 sides only by census block boundaries from the most recent
71 United States Census. If the census block boundaries split or
72 conflict with the another political boundary listed below, the
73 boundary listed below may be used:
74 1. Governmental unit boundaries reported in the most recent
75 Boundary and Annexation Survey published by the United States
76 Census Bureau;
77 2. Visible features that are readily distinguishable upon
78 the ground, such as streets, railroads, tracks, streams, and
79 lakes, and that are indicated upon current census maps, official
80 Department of Transportation maps, official municipal maps,
81 official county maps, or a combination of such maps;
82 3. Boundaries of public parks, public school grounds, or
83 churches; or
84 4. boundaries of counties, incorporated municipalities, or
85 other political subdivisions, such boundaries may be used
86 provided that they meet criteria established by the United
87 States Census Bureau for block boundaries.
88 Section 4. Paragraph (a) of subsection (1) of section
89 101.043, Florida Statutes, is amended to read:
90 101.043 Identification required at polls.—
91 (1)(a) The precinct register, as prescribed in s. 98.461,
92 shall be used at the polls for the purpose of identifying the
93 elector at the polls before allowing him or her to vote. The
94 clerk or inspector shall require each elector, upon entering the
95 polling place, to present one of the following current and valid
96 picture identifications:
97 1. Florida driver license.
98 2. Florida identification card issued by the Department of
99 Highway Safety and Motor Vehicles.
100 3. United States passport or passport card.
101 4. Debit or credit card.
102 5. Military identification.
103 6. Student identification.
104 7. Retirement center identification.
105 8. Neighborhood association identification.
106 9. Public assistance identification.
107 10. United States Department of Veterans Affairs veteran
108 health identification card.
109 11. A license to carry a concealed weapon or firearm issued
110 pursuant to s. 790.06.
111 Section 5. Subsection (2) of section 101.20, Florida
112 Statutes, is amended to read:
113 101.20 Publication of ballot form; sample ballots.—
114 (2) Upon completion of the list of qualified candidates, a
115 sample ballot shall be published by the supervisor of elections
116 in a newspaper of general circulation in the county, before the
117 day of election. A supervisor may send a sample ballot to each
118 registered elector by e-mail at least 7 days before an election
119 if an e-mail address has been provided and the elector has opted
120 to receive a sample ballot by electronic delivery. If an e-mail
121 address has not been provided, or if the elector has not opted
122 for electronic delivery, a sample ballot may be mailed to each
123 registered elector or to each household in which there is a
124 registered elector in lieu of publication at least 7 days before
125 an election.
126 Section 6. Paragraph (c) is added to subsection (1) of
127 section 101.6102, Florida Statutes, to read:
128 101.6102 Mail ballot elections; limitations.—
129 (1)
130 (c) Notwithstanding subsection (2), cities may conduct
131 candidate elections by mail if approved by the governing body
132 and the supervisor of elections.
133 Section 7. Subsection (3) of section 101.62, Florida
134 Statutes, is amended to read:
135 101.62 Request for absentee ballots.—
136 (3) For each request for an absentee ballot received, the
137 supervisor shall record the date the request was made, the date
138 the absentee ballot was delivered to the voter or the voter’s
139 designee or the date the absentee ballot was delivered to the
140 post office or other carrier, the date the ballot was received
141 by the supervisor, the absence of the voter’s signature on the
142 voter’s certificate, if applicable, and such other information
143 he or she may deem necessary. This information shall be provided
144 in electronic format as provided by rule adopted by the
145 division. The information shall be updated and made available no
146 later than noon 8 a.m. of each day, including weekends,
147 beginning 60 days before the primary until 15 days after the
148 general election and shall be contemporaneously provided to the
149 division. This information shall be confidential and exempt from
150 s. 119.07(1) and shall be made available to or reproduced only
151 for the voter requesting the ballot, a canvassing board, an
152 election official, a political party or official thereof, a
153 candidate who has filed qualification papers and is opposed in
154 an upcoming election, and registered political committees for
155 political purposes only.
156 Section 8. Section 101.65, Florida Statutes, is amended to
157 read:
158 101.65 Instructions to absent electors.—The supervisor
159 shall enclose with each absentee ballot separate printed
160 instructions in substantially the following form:
161
162 READ THESE INSTRUCTIONS CAREFULLY
163 BEFORE MARKING BALLOT.
164 1. VERY IMPORTANT. In order to ensure that your absentee
165 ballot will be counted, it should be completed and returned as
166 soon as possible so that it can reach the supervisor of
167 elections of the county in which your precinct is located no
168 later than 7 p.m. on the day of the election. However, if you
169 are an overseas voter casting a ballot in a presidential
170 preference primary or general election, your absentee ballot
171 must be postmarked or dated no later than the date of the
172 election and received by the supervisor of elections of the
173 county in which you are registered to vote no later than 10 days
174 after the date of the election.
175 2. Mark your ballot in secret as instructed on the ballot.
176 You must mark your own ballot unless you are unable to do so
177 because of blindness, disability, or inability to read or write.
178 3. Mark only the number of candidates or issue choices for
179 a race as indicated on the ballot. If you are allowed to “Vote
180 for One” candidate and you vote for more than one candidate,
181 your vote in that race will not be counted.
182 4. Place your marked ballot in the enclosed secrecy
183 envelope.
184 5. Insert the secrecy envelope into the enclosed mailing
185 envelope which is addressed to the supervisor.
186 6. Seal the mailing envelope and completely fill out the
187 Voter’s Certificate on the back of the mailing envelope.
188 7. VERY IMPORTANT. In order for your absentee ballot to be
189 counted, you must sign your name on the line above (Voter’s
190 Signature). An absentee ballot will be considered illegal and
191 not be counted if the signature on the voter’s certificate does
192 not match the signature on record. The signature on file at the
193 start of the canvass of the absentee ballots is the signature
194 that will be used to verify your signature on the voter’s
195 certificate. If you need to update your signature for this
196 election, send your signature update on a voter registration
197 application to your supervisor of elections so that it is
198 received no later than 5 p.m. on the day before an election the
199 start of the canvassing of absentee ballots, which occurs no
200 earlier than the 15th day before election day.
201 8. VERY IMPORTANT. If you are an overseas voter, you must
202 include the date you signed the Voter’s Certificate on the line
203 above (Date) or your ballot may not be counted.
204 9. Mail, deliver, or have delivered the completed mailing
205 envelope. Be sure there is sufficient postage if mailed.
206 10. FELONY NOTICE. It is a felony under Florida law to
207 accept any gift, payment, or gratuity in exchange for your vote
208 for a candidate. It is also a felony under Florida law to vote
209 in an election using a false identity or false address, or under
210 any other circumstances making your ballot false or fraudulent.
211 Section 9. Paragraph (b) of subsection (1) of section
212 101.657, Florida Statutes, is amended to read:
213 101.657 Early voting.—
214 (1)
215 (b) The supervisor shall designate each early voting site
216 by no later than the 30th day before prior to an election and
217 shall designate an early voting area, as defined in s. 97.021,
218 at each early voting site. The supervisor shall designate, as
219 necessary, the early voting sites in a special election held in
220 a county. The supervisor shall provide to the division no later
221 than the 30th day before an election the address of each early
222 voting site and the hours that early voting will occur at each
223 site.
224 Section 10. Paragraph (d) of subsection (4) of section
225 101.68, Florida Statutes, is amended, and subsection (5) is
226 added to that section, to read:
227 101.68 Canvassing of absentee ballot.—
228 (4)
229 (d) Instructions must accompany the absentee ballot
230 affidavit in substantially the following form:
231
232 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
233 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
234 BALLOT NOT TO COUNT.
235
236 1. In order to ensure that your absentee ballot will be
237 counted, your affidavit should be completed and returned as soon
238 as possible so that it can reach the supervisor of elections of
239 the county in which your precinct is located no later than 5
240 p.m. on the 2nd day before the election.
241 2. You must sign your name on the line above (Voter’s
242 Signature).
243 3. You must make a copy of one of the following forms of
244 identification:
245 a. Identification that includes your name and photograph:
246 United States passport or passport card; debit or credit card;
247 military identification; student identification; retirement
248 center identification; neighborhood association identification;
249 or public assistance identification; United States Department of
250 Veterans Affairs veteran health identification card; or license
251 to carry a concealed weapon or firearm issued pursuant to s.
252 790.06; or
253 b. Identification that shows your name and current
254 residence address: current utility bill, bank statement,
255 government check, paycheck, or government document (excluding
256 voter identification card).
257 4. Place the envelope bearing the affidavit into a mailing
258 envelope addressed to the supervisor. Insert a copy of your
259 identification in the mailing envelope. Mail, deliver, or have
260 delivered the completed affidavit along with the copy of your
261 identification to your county supervisor of elections. Be sure
262 there is sufficient postage if mailed and that the supervisor’s
263 address is correct.
264 5. Alternatively, you may fax or e-mail your completed
265 affidavit and a copy of your identification to the supervisor of
266 elections. If e-mailing, please provide these documents as
267 attachments.
268 (5) The supervisor shall allow an elector who has submitted
269 an absentee ballot to update his or her signature until 5 p.m.
270 on the day before an election if the ballot has not been
271 canvassed by the canvassing board.
272 Section 11. Subsection (2) of section 101.6923, Florida
273 Statutes, is amended to read:
274 101.6923 Special absentee ballot instructions for certain
275 first-time voters.—
276 (2) A voter covered by this section shall be provided with
277 printed instructions with his or her absentee ballot in
278 substantially the following form:
279
280 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
281 FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
282 TO COUNT.
283
284 1. In order to ensure that your absentee ballot will be
285 counted, it should be completed and returned as soon as possible
286 so that it can reach the supervisor of elections of the county
287 in which your precinct is located no later than 7 p.m. on the
288 date of the election. However, if you are an overseas voter
289 casting a ballot in a presidential preference primary or general
290 election, your absentee ballot must be postmarked or dated no
291 later than the date of the election and received by the
292 supervisor of elections of the county in which you are
293 registered to vote no later than 10 days after the date of the
294 election.
295 2. Mark your ballot in secret as instructed on the ballot.
296 You must mark your own ballot unless you are unable to do so
297 because of blindness, disability, or inability to read or write.
298 3. Mark only the number of candidates or issue choices for
299 a race as indicated on the ballot. If you are allowed to “Vote
300 for One” candidate and you vote for more than one, your vote in
301 that race will not be counted.
302 4. Place your marked ballot in the enclosed secrecy
303 envelope and seal the envelope.
304 5. Insert the secrecy envelope into the enclosed envelope
305 bearing the Voter’s Certificate. Seal the envelope and
306 completely fill out the Voter’s Certificate on the back of the
307 envelope.
308 a. You must sign your name on the line above (Voter’s
309 Signature).
310 b. If you are an overseas voter, you must include the date
311 you signed the Voter’s Certificate on the line above (Date) or
312 your ballot may not be counted.
313 c. An absentee ballot will be considered illegal and will
314 not be counted if the signature on the Voter’s Certificate does
315 not match the signature on record. The signature on file at the
316 start of the canvass of the absentee ballots is the signature
317 that will be used to verify your signature on the Voter’s
318 Certificate. If you need to update your signature for this
319 election, send your signature update on a voter registration
320 application to your supervisor of elections so that it is
321 received no later than 5 p.m. on the day before an election the
322 start of canvassing of absentee ballots, which occurs no earlier
323 than the 15th day before election day.
324 6. Unless you meet one of the exemptions in Item 7., you
325 must make a copy of one of the following forms of
326 identification:
327 a. Identification which must include your name and
328 photograph: United States passport or passport card; debit or
329 credit card; military identification; student identification;
330 retirement center identification; neighborhood association
331 identification; or public assistance identification; United
332 States Department of Veterans Affairs veteran health
333 identification card; or license to carry a concealed weapon or
334 firearm issued pursuant to s. 790.06; or
335 b. Identification that which 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 7. The identification requirements of Item 6. do not apply
340 if you meet one of the following requirements:
341 a. You are 65 years of age or older.
342 b. You have a temporary or permanent physical disability.
343 c. You are a member of a uniformed service on active duty
344 who, by reason of such active duty, will be absent from the
345 county on election day.
346 d. You are a member of the Merchant Marine who, by reason
347 of service in the Merchant Marine, will be absent from the
348 county on election day.
349 e. You are the spouse or dependent of a member referred to
350 in paragraph c. or paragraph d. who, by reason of the active
351 duty or service of the member, will be absent from the county on
352 election day.
353 f. You are currently residing outside the United States.
354 8. Place the envelope bearing the Voter’s Certificate into
355 the mailing envelope addressed to the supervisor. Insert a copy
356 of your identification in the mailing envelope. DO NOT PUT YOUR
357 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
358 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
359 BALLOT WILL NOT COUNT.
360 9. Mail, deliver, or have delivered the completed mailing
361 envelope. Be sure there is sufficient postage if mailed.
362 10. FELONY NOTICE. It is a felony under Florida law to
363 accept any gift, payment, or gratuity in exchange for your vote
364 for a candidate. It is also a felony under Florida law to vote
365 in an election using a false identity or false address, or under
366 any other circumstances making your ballot false or fraudulent.
367 Section 12. Present subsection (6) of section 189.04,
368 Florida Statutes, is redesignated as subsection (7), and a new
369 subsection (6) is added to that section, to read:
370 189.04 Elections; general requirements and procedures.—
371 (6) Candidates for an election conducted in accordance with
372 the Florida Election Code pursuant to this section must appear
373 on the ballot at the primary election conducted by the
374 supervisor or supervisors of elections of the county or counties
375 in which the district is located.
376 Section 13. Paragraph (a) of subsection (3) of section
377 190.006, Florida Statutes, is amended to read:
378 190.006 Board of supervisors; members and meetings.—
379 (3)(a)1. If the board proposes to exercise the ad valorem
380 taxing power authorized by s. 190.021, the district board shall
381 call an election at which the members of the board of
382 supervisors will be elected. Such election shall be held in
383 conjunction with a primary or general election unless the
384 district bears the cost of a special election. Each member shall
385 be elected by the qualified electors of the district for a term
386 of 4 years, except that, at the first such election, three
387 members shall be elected for a period of 4 years and two members
388 shall be elected for a period of 2 years. All elected board
389 members must be qualified electors of the district.
390 2.a. Regardless of whether a district has proposed to levy
391 ad valorem taxes, commencing 6 years after the initial
392 appointment of members or, for a district exceeding 5,000 acres
393 in area or for a compact, urban, mixed-use district, 10 years
394 after the initial appointment of members, the position of each
395 member whose term has expired shall be filled by a qualified
396 elector of the district, elected by the qualified electors of
397 the district. However, for those districts established after
398 June 21, 1991, and for those existing districts established
399 after December 31, 1983, which have less than 50 qualified
400 electors on June 21, 1991, sub-subparagraphs b. and d. shall
401 apply. If, in the 6th year after the initial appointment of
402 members, or 10 years after such initial appointment for
403 districts exceeding 5,000 acres in area or for a compact, urban,
404 mixed-use district, there are not at least 250 qualified
405 electors in the district, or for a district exceeding 5,000
406 acres or for a compact, urban, mixed-use district, there are not
407 at least 500 qualified electors, members of the board shall
408 continue to be elected by landowners.
409 b. After the 6th or 10th year, once a district reaches 250
410 or 500 qualified electors, respectively, then the positions of
411 two board members whose terms are expiring shall be filled by
412 qualified electors of the district, elected by the qualified
413 electors of the district for 4-year terms. The remaining board
414 member whose term is expiring shall be elected for a 4-year term
415 by the landowners and is not required to be a qualified elector.
416 Thereafter, as terms expire, board members shall be qualified
417 electors elected by qualified electors of the district for a
418 term of 4 years.
419 c. Once a district qualifies to have any of its board
420 members elected by the qualified electors of the district, the
421 initial and all subsequent elections by the qualified electors
422 of the district shall be held at the primary election preceding
423 the general election in November. The board shall adopt a
424 resolution if necessary to implement this requirement when the
425 board determines the number of qualified electors as required by
426 sub-subparagraph d., to extend or reduce the terms of current
427 board members.
428 d. On or before June 1 of each year, the board shall
429 determine the number of qualified electors in the district as of
430 the immediately preceding April 15. The board shall use and rely
431 upon the official records maintained by the supervisor of
432 elections and property appraiser or tax collector in each county
433 in making this determination. Such determination shall be made
434 at a properly noticed meeting of the board and shall become a
435 part of the official minutes of the district.
436 Section 14. Except as otherwise expressly provided in this
437 act, this act shall take effect July 1, 2015.