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 60secondday 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 thirdsecondday 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 regardingthe 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.