Florida Senate - 2017 CS for SB 598
By the Committee on Ethics and Elections; and Senator Gibson
582-03405-17 2017598c1
1 A bill to be entitled
2 An act relating to the canvassing of provisional
3 ballots; amending s. 97.053, F.S.; revising a
4 reference to the deadline for a person who cast a
5 provisional ballot to present evidence verifying
6 authenticity of certain information in a voter
7 registration application, to conform; amending s.
8 101.048, F.S.; extending the timeframe for which a
9 person who cast a provisional ballot may present
10 written evidence supporting his or her eligibility to
11 vote; revising requirements for instructions provided
12 to a person who casts a provisional ballot, to
13 conform; requiring the supervisor to provide certain
14 notification to a person whose provisional ballot was
15 rejected; requiring the supervisor to allow a person
16 who voted a provisional ballot to present
17 identification and submit an affidavit to cure an
18 unsigned Provisional Ballot Voter’s Certificate and
19 Affirmation or a provisional ballot rejected due to a
20 signature discrepancy; prescribing the form and
21 content of the affidavit; providing instructions to
22 accompany each affidavit; requiring the affidavit,
23 instructions, and the supervisor’s contact information
24 to be posted on specified websites; requiring the
25 supervisor to attach a received affidavit to the
26 corresponding provisional ballot envelope; providing
27 an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsection (6) of section 97.053, Florida
32 Statutes, is amended to read:
33 97.053 Acceptance of voter registration applications.—
34 (6) A voter registration application may be accepted as
35 valid only after the department has verified the authenticity or
36 nonexistence of the driver license number, the Florida
37 identification card number, or the last four digits of the
38 social security number provided by the applicant. If a completed
39 voter registration application has been received by the book
40 closing deadline but the driver license number, the Florida
41 identification card number, or the last four digits of the
42 social security number provided by the applicant cannot be
43 verified, the applicant shall be notified that the number cannot
44 be verified and that the applicant must provide evidence to the
45 supervisor sufficient to verify the authenticity of the
46 applicant’s driver license number, Florida identification card
47 number, or last four digits of the social security number. If
48 the applicant provides the necessary evidence, the supervisor
49 shall place the applicant’s name on the registration rolls as an
50 active voter. If the applicant has not provided the necessary
51 evidence or the number has not otherwise been verified prior to
52 the applicant presenting himself or herself to vote, the
53 applicant shall be provided a provisional ballot. The
54 provisional ballot shall be counted only if the number is
55 verified by the end of the canvassing period or if the applicant
56 presents evidence to the supervisor of elections sufficient to
57 verify the authenticity of the applicant’s driver license
58 number, Florida identification card number, or last four digits
59 of the social security number no later than 5 p.m. of the third
60 second day following the election.
61 Section 2. Subsection (1), paragraph (b) of subsection (2),
62 and subsection (5) of section 101.048, Florida Statutes, are
63 amended, and subsection (7) is added to that section, to read:
64 101.048 Provisional ballots.—
65 (1) At all elections, a voter claiming to be properly
66 registered in the state and eligible to vote at the precinct in
67 the election but whose eligibility cannot be determined, a
68 person whom an election official asserts is not eligible, and
69 other persons specified in the code shall be entitled to vote a
70 provisional ballot. Once voted, the provisional ballot shall be
71 placed in a secrecy envelope and thereafter sealed in a
72 provisional ballot envelope. The provisional ballot shall be
73 deposited in a ballot box. All provisional ballots shall remain
74 sealed in their envelopes for return to the supervisor of
75 elections. The department shall prescribe the form of the
76 provisional ballot envelope. A person casting a provisional
77 ballot shall have the right to present written evidence
78 supporting his or her eligibility to vote to the supervisor of
79 elections by not later than 5 p.m. on the third second day
80 following the election.
81 (2)
82 (b)1. If it is determined that the person was registered
83 and entitled to vote at the precinct where the person cast a
84 vote in the election, the canvassing board shall compare the
85 signature on the Provisional Ballot Voter’s Certificate and
86 Affirmation or the provisional ballot affidavit, if applicable,
87 as provided under paragraph (7)(a), with the signature on the
88 voter’s registration and, if it matches, shall count the ballot.
89 2. If it is determined that the person voting the
90 provisional ballot was not registered or entitled to vote at the
91 precinct where the person cast a vote in the election, the
92 provisional ballot shall not be counted and the ballot shall
93 remain in the envelope containing the Provisional Ballot Voter’s
94 Certificate and Affirmation and the envelope shall be marked
95 “Rejected as Illegal.”
96 (5) Each person casting a provisional ballot shall be given
97 written instructions regarding the person’s right to provide the
98 supervisor of elections with written evidence of his or her
99 eligibility to vote, and regarding the free access system
100 established pursuant to subsection (6), and the opportunity to
101 cure a rejected provisional ballot pursuant to subsection (7).
102 The instructions shall contain information on how to access the
103 system and the information the voter will need to provide to
104 obtain information on his or her particular ballot. The
105 instructions shall also include the following statement: “If
106 this is a primary election, you should contact the supervisor of
107 elections’ office immediately to confirm that you are registered
108 and can vote in the general election.”
109 (7) The supervisor of elections shall, on behalf of the
110 county canvassing board, notify each person whose provisional
111 ballot was rejected as illegal and provide the specific reason
112 the ballot was rejected. To the extent possible, the supervisor
113 shall provide such notification before the deadline to submit a
114 provisional ballot affidavit pursuant to paragraph (a).
115 (a) Until 5 p.m. on the third day following the election,
116 the supervisor of elections shall allow a person who has voted a
117 provisional ballot that does not include the person’s signature
118 on the Provisional Ballot Voter’s Certificate and Affirmation,
119 or that was rejected due to a difference between the person’s
120 signature on the Voter’s Certificate and Affirmation with the
121 signature on the voter’s registration, to complete and submit an
122 affidavit in order to cure the provisional ballot. The
123 supervisor of elections may allow a person to submit an
124 affidavit to cure a provisional ballot only if the person’s
125 identity can otherwise be ascertained through information
126 provided in the Provisional Ballot Voter’s Certificate and
127 Affirmation.
128 (b) The person must provide identification to the
129 supervisor of elections and must complete a provisional ballot
130 affidavit in substantially the following form:
131
132 PROVISIONAL BALLOT AFFIDAVIT
133 I, ...., am a qualified voter in this election and
134 registered voter of .... County, Florida. I do solemnly swear or
135 affirm that I voted a provisional ballot and that I have not and
136 will not vote more than one ballot in this election. I
137 understand that if I commit or attempt any fraud in connection
138 with voting, vote a fraudulent ballot, or vote more than once in
139 an election, I may be convicted of a felony of the third degree,
140 fined up to $5,000, and imprisoned for up to 5 years. I
141 understand that my failure to sign this affidavit means that my
142 provisional ballot will be invalidated.
143
144 ...(Voter’s Signature)...
145
146 ...(Address)...
147
148 (c) Instructions must accompany the provisional ballot
149 affidavit in substantially the following form:
150
151 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
152 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
153 BALLOT NOT TO COUNT.
154
155 1. In order to cure the missing signature or the signature
156 discrepancy on your Provisional Ballot Voter’s Certificate and
157 Affirmation, your affidavit should be completed and returned as
158 soon as possible so that it can reach the supervisor of
159 elections of the county in which your precinct is located no
160 later than 5 p.m. on the third day following the election.
161 2. You must sign your name on the line above (Voter’s
162 Signature).
163 3. You must make a copy of one of the following forms of
164 identification:
165 a. Identification that includes your name and photograph:
166 United States passport; debit or credit card; military
167 identification; student identification; retirement center
168 identification; neighborhood association identification; public
169 assistance identification; veteran health identification card
170 issued by the United States Department of Veterans Affairs;
171 Florida license to carry a concealed weapon or firearm; or
172 employee identification card issued by any branch, department,
173 agency, or entity of the Federal Government, the state, a
174 county, or a municipality; or
175 b. Identification that shows your name and current
176 residence address: current utility bill; bank statement;
177 government check; paycheck; or government document (excluding
178 voter identification card).
179 4. Place the envelope bearing the affidavit into a mailing
180 envelope addressed to the supervisor of elections. Insert a copy
181 of your identification in the mailing envelope. Mail, deliver,
182 or have delivered the completed affidavit along with the copy of
183 your identification to your county supervisor of elections. Be
184 sure there is sufficient postage if mailed and that the
185 supervisor’s address is correct.
186 5. Alternatively, you may fax or e-mail your completed
187 affidavit and a copy of your identification to the supervisor of
188 elections. If e-mailing, please provide these documents as
189 attachments.
190 6. Submitting a provisional ballot affidavit does not
191 establish your eligibility to vote in this election or guarantee
192 that your ballot will be counted. The county canvassing board
193 determines your eligibility to vote through information provided
194 on the Provisional Ballot Voter’s Certificate and Affirmation,
195 written evidence provided by you, and any other evidence
196 presented by the supervisor of elections or a challenger. You
197 may still be required to present additional written evidence to
198 support your eligibility to vote no later than 5 p.m. on the
199 third day following the election.
200 (d) The department and each supervisor of elections shall
201 include the affidavit and instructions on their respective
202 websites. The supervisor of elections shall include his or her
203 office mailing address, e-mail address, and facsimile number on
204 the page containing the affidavit instructions; the department’s
205 instruction page must include the office mailing addresses, e
206 mail addresses, and facsimile numbers of all supervisors of
207 elections or provide a conspicuous link to such addresses.
208 (e) The supervisor of elections shall attach each affidavit
209 received to the appropriate provisional ballot envelope
210 containing the Provisional Ballot Voter’s Certificate and
211 Affirmation.
212 Section 3. This act shall take effect July 1, 2017.