Florida Senate - 2017                                    SB 1484
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-01307-17                                           20171484__
    1                        A bill to be entitled                      
    2         An act relating to vote-by-mail ballots; amending s.
    3         101.697, F.S.; requiring the Department of State to
    4         develop instructions and procedures for the electronic
    5         submission of vote-by-mail ballots from overseas
    6         voters by a specified date; requiring the department,
    7         in consultation with supervisors of elections, to
    8         develop security measures; prescribing requirements
    9         for such security measures; requiring the department
   10         to perform an annual security assessment; authorizing
   11         the department to adopt emergency rules; providing
   12         legislative findings; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 101.697, Florida Statutes, is amended to
   17  read:
   18         101.697 Electronic transmission of election materials.—
   19         (1) The Department of State shall, by October 15, 2017,
   20  determine whether secure electronic means can be established for
   21  receiving ballots from overseas voters. If such security can be
   22  established, the department shall adopt rules to authorize a
   23  supervisor of elections to accept from an overseas voter,
   24  including uniformed and civilian overseas vote-by-mail voters, a
   25  request for a vote-by-mail ballot or a voted vote-by-mail ballot
   26  by secure facsimile machine transmission or other secure
   27  electronic means. The rules must provide that in order to accept
   28  a voted ballot, the verification of the voter must be
   29  established, the security of the transmission must be
   30  established, and each ballot received must be recorded. The
   31  department shall provide instructions, procedures, and services
   32  for the secure return of voted vote-by-mail ballots by
   33  electronic means under this section. The department shall, in
   34  consultation with supervisors of elections, develop security
   35  measures to ensure the accuracy and integrity of vote-by-mail
   36  voting by electronic means and to reasonably secure the
   37  transmission, processing, and storage of voter data from
   38  interception and unauthorized access. The department shall
   39  perform an annual security assessment after each election to
   40  evaluate the number of or any discrepancy in the votes received
   41  electronically.
   42         (2) The department may adopt emergency rules pursuant to s.
   43  120.54 to implement this section. However, notwithstanding s.
   44  120.54(4)(c), an emergency rule adopted under this section may
   45  be effective for a period longer than 90 days. The Legislature
   46  finds that such emergency rulemaking power is necessary for the
   47  preservation of the rights and welfare of the people in order to
   48  provide adequate voting opportunities to the public.
   49         Section 2. This act shall take effect July 1, 2017.