Florida Senate - 2016 SB 1346 By Senator Smith 31-01235-16 20161346__ 1 A bill to be entitled 2 An act relating to elections; amending ss. 101.6102, 3 101.6103, 101.64, 101.65, 101.6921, and 101.6923, 4 F.S.; requiring return mailing envelopes used in mail 5 ballot elections and enclosed with absentee ballots 6 and special absentee ballots for certain first-time 7 voters to include prepaid return postage; requiring 8 the state to reimburse the supervisor of elections for 9 expenses incurred through prepayment of return 10 postage; requiring the Department of State to verify 11 such expenses and authorize reimbursement payments; 12 conforming provisions to changes made by the act; 13 providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Subsection (4) of section 101.6102, Florida 18 Statutes, is amended to read: 19 101.6102 Mail ballot elections; limitations.— 20 (4) The costs of a mail ballot election shall be borne by 21 the jurisdiction initiating the calling of the election, unless 22 otherwise provided by law. However, the supervisor shall be 23 reimbursed by the state for expenses incurred as a result of 24 prepaying return postage on the return mailing envelope used in 25 the mail ballot election. The department shall verify such 26 expenses and authorize payment for reimbursement to the 27 supervisor. 28 Section 2. Subsections (1) and (7) of section 101.6103, 29 Florida Statutes, are amended to read: 30 101.6103 Mail ballot election procedure.— 31 (1) Except as otherwise provided in subsection (7), the 32 supervisor of elections shall mail all official ballots with a 33 secrecy envelope, a return mailing envelope with return postage 34 prepaid, and instructions sufficient to describe the voting 35 process to each elector entitled to vote in the election not 36 sooner than the 20th day before the election and not later than 37 the 10th day before the date of the election. All such ballots 38 shall be mailed by first-class mail. Ballots shall be addressed 39 to each elector at the address appearing in the registration 40 records and placed in an envelope which is prominently marked 41 “Do Not Forward.” 42 (7) With respect to absent electors overseas entitled to 43 vote in the election, the supervisor of elections shall mail an 44 official ballot with a secrecy envelope, a return mailing 45 envelope with return postage prepaid, and instructions 46 sufficient to describe the voting process to each such elector 47 on a date sufficient to allow such elector time to vote in the 48 election and to have his or her marked ballot reach the 49 supervisor by 7 p.m. on the day of the election. 50 Section 3. Subsection (1) of section 101.64, Florida 51 Statutes, is amended, and subsection (5) is added to that 52 section, to read: 53 101.64 Delivery of absentee ballots; envelopes; form.— 54 (1) The supervisor shall enclose with each absentee ballot 55 two envelopes: a secrecy envelope, into which the absent elector 56 shall enclose his or her marked ballot; and a mailing envelope 57 with return postage prepaid, into which the absent elector shall 58 then place the secrecy envelope, which shall be addressed to the 59 supervisor and also bear on the back side a certificate in 60 substantially the following form: 61 62 Note: Please Read Instructions Carefully Before 63 Marking Ballot and Completing Voter’s Certificate. 64 65 VOTER’S CERTIFICATE 66 I, ...., do solemnly swear or affirm that I am a qualified 67 and registered voter of .... County, Florida, and that I have 68 not and will not vote more than one ballot in this election. I 69 understand that if I commit or attempt to commit any fraud in 70 connection with voting, vote a fraudulent ballot, or vote more 71 than once in an election, I can be convicted of a felony of the 72 third degree and fined up to $5,000 and/or imprisoned for up to 73 5 years. I also understand that failure to sign this certificate 74 will invalidate my ballot. 75 76 ...(Date)... ...(Voter’s Signature)... 77 (5) The supervisor shall be reimbursed by the state for 78 expenses incurred as a result of prepaying return postage on the 79 return mailing envelope enclosed with each absentee ballot. The 80 department shall verify such expenses and authorize payment for 81 reimbursement to the supervisor. 82 Section 4. Section 101.65, Florida Statutes, is amended to 83 read: 84 101.65 Instructions to absent electors.—The supervisor 85 shall enclose with each absentee ballot separate printed 86 instructions in substantially the following form: 87 88 READ THESE INSTRUCTIONS CAREFULLY 89 BEFORE MARKING BALLOT. 90 1. VERY IMPORTANT. In order to ensure that your absentee 91 ballot will be counted, it should be completed and returned as 92 soon as possible so that it can reach the supervisor of 93 elections of the county in which your precinct is located no 94 later than 7 p.m. on the day of the election. However, if you 95 are an overseas voter casting a ballot in a presidential 96 preference primary or general election, your absentee ballot 97 must be postmarked or dated no later than the date of the 98 election and received by the supervisor of elections of the 99 county in which you are registered to vote no later than 10 days 100 after the date of the election. 101 2. Mark your ballot in secret as instructed on the ballot. 102 You must mark your own ballot unless you are unable to do so 103 because of blindness, disability, or inability to read or write. 104 3. Mark only the number of candidates or issue choices for 105 a race as indicated on the ballot. If you are allowed to “Vote 106 for One” candidate and you vote for more than one candidate, 107 your vote in that race will not be counted. 108 4. Place your marked ballot in the enclosed secrecy 109 envelope. 110 5. Insert the secrecy envelope into the enclosed mailing 111 envelope which is addressed to the supervisor. 112 6. Seal the mailing envelope and completely fill out the 113 Voter’s Certificate on the back of the mailing envelope. 114 7. VERY IMPORTANT. In order for your absentee ballot to be 115 counted, you must sign your name on the line above (Voter’s 116 Signature). An absentee ballot will be considered illegal and 117 not be counted if the signature on the voter’s certificate does 118 not match the signature on record. The signature on file at the 119 start of the canvass of the absentee ballots is the signature 120 that will be used to verify your signature on the voter’s 121 certificate. If you need to update your signature for this 122 election, send your signature update on a voter registration 123 application to your supervisor of elections so that it is 124 received no later than the start of the canvassing of absentee 125 ballots, which occurs no earlier than the 15th day before 126 election day. 127 8. VERY IMPORTANT. If you are an overseas voter, you must 128 include the date you signed the Voter’s Certificate on the line 129 above (Date) or your ballot may not be counted. 130 9. Mail, deliver, or have delivered the completed mailing 131 envelope.Be sure there is sufficient postage if mailed.132 10. FELONY NOTICE. It is a felony under Florida law to 133 accept any gift, payment, or gratuity in exchange for your vote 134 for a candidate. It is also a felony under Florida law to vote 135 in an election using a false identity or false address, or under 136 any other circumstances making your ballot false or fraudulent. 137 Section 5. Subsection (2) of section 101.6921, Florida 138 Statutes, is amended, and subsection (5) is added to that 139 section, to read: 140 101.6921 Delivery of special absentee ballot to certain 141 first-time voters.— 142 (2) The supervisor shall enclose with each absentee ballot 143 three envelopes: a secrecy envelope, into which the absent 144 elector will enclose his or her marked ballot; an envelope 145 containing the Voter’s Certificate, into which the absent 146 elector shall place the secrecy envelope; and a mailing envelope 147 with the return postage prepaid, which shall be addressed to the 148 supervisor and into which the absent elector will place the 149 envelope containing the Voter’s Certificate and a copy of the 150 required identification. 151 (5) The supervisor shall be reimbursed by the state for 152 expenses incurred as a result of prepaying return postage on the 153 return mailing envelope enclosed with each special absentee 154 ballot. The department shall verify such expenses and authorize 155 payment for reimbursement to the supervisor. 156 Section 6. Subsection (2) of section 101.6923, Florida 157 Statutes, is amended to read: 158 101.6923 Special absentee ballot instructions for certain 159 first-time voters.— 160 (2) A voter covered by this section shall be provided with 161 printed instructions with his or her absentee ballot in 162 substantially the following form: 163 164 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR 165 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 166 YOUR BALLOT NOT TO COUNT. 167 168 1. In order to ensure that your absentee ballot will be 169 counted, it should be completed and returned as soon as possible 170 so that it can reach the supervisor of elections of the county 171 in which your precinct is located no later than 7 p.m. on the 172 date of the election. However, if you are an overseas voter 173 casting a ballot in a presidential preference primary or general 174 election, your absentee ballot must be postmarked or dated no 175 later than the date of the election and received by the 176 supervisor of elections of the county in which you are 177 registered to vote no later than 10 days after the date of the 178 election. 179 2. Mark your ballot in secret as instructed on the ballot. 180 You must mark your own ballot unless you are unable to do so 181 because of blindness, disability, or inability to read or write. 182 3. Mark only the number of candidates or issue choices for 183 a race as indicated on the ballot. If you are allowed to “Vote 184 for One” candidate and you vote for more than one, your vote in 185 that race will not be counted. 186 4. Place your marked ballot in the enclosed secrecy 187 envelope and seal the envelope. 188 5. Insert the secrecy envelope into the enclosed envelope 189 bearing the Voter’s Certificate. Seal the envelope and 190 completely fill out the Voter’s Certificate on the back of the 191 envelope. 192 a. You must sign your name on the line above (Voter’s 193 Signature). 194 b. If you are an overseas voter, you must include the date 195 you signed the Voter’s Certificate on the line above (Date) or 196 your ballot may not be counted. 197 c. An absentee ballot will be considered illegal and will 198 not be counted if the signature on the Voter’s Certificate does 199 not match the signature on record. The signature on file at the 200 start of the canvass of the absentee ballots is the signature 201 that will be used to verify your signature on the Voter’s 202 Certificate. If you need to update your signature for this 203 election, send your signature update on a voter registration 204 application to your supervisor of elections so that it is 205 received no later than the start of canvassing of absentee 206 ballots, which occurs no earlier than the 15th day before 207 election day. 208 6. Unless you meet one of the exemptions in Item 7., you 209 must make a copy of one of the following forms of 210 identification: 211 a. Identification which must include your name and 212 photograph: United States passport; debit or credit card; 213 military identification; student identification; retirement 214 center identification; neighborhood association identification; 215 or public assistance identification; or 216 b. Identification which shows your name and current 217 residence address: current utility bill, bank statement, 218 government check, paycheck, or government document (excluding 219 voter identification card). 220 7. The identification requirements of Item 6. do not apply 221 if you meet one of the following requirements: 222 a. You are 65 years of age or older. 223 b. You have a temporary or permanent physical disability. 224 c. You are a member of a uniformed service on active duty 225 who, by reason of such active duty, will be absent from the 226 county on election day. 227 d. You are a member of the Merchant Marine who, by reason 228 of service in the Merchant Marine, will be absent from the 229 county on election day. 230 e. You are the spouse or dependent of a member referred to 231 in paragraph c. or paragraph d. who, by reason of the active 232 duty or service of the member, will be absent from the county on 233 election day. 234 f. You are currently residing outside the United States. 235 8. Place the envelope bearing the Voter’s Certificate into 236 the mailing envelope addressed to the supervisor. Insert a copy 237 of your identification in the mailing envelope. DO NOT PUT YOUR 238 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR 239 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR 240 BALLOT WILL NOT COUNT. 241 9. Mail, deliver, or have delivered the completed mailing 242 envelope.Be sure there is sufficient postage if mailed.243 10. FELONY NOTICE. It is a felony under Florida law to 244 accept any gift, payment, or gratuity in exchange for your vote 245 for a candidate. It is also a felony under Florida law to vote 246 in an election using a false identity or false address, or under 247 any other circumstances making your ballot false or fraudulent. 248 Section 7. This act shall take effect July 1, 2016.