Florida Senate - 2019 SB 7066
By the Committee on Ethics and Elections
582-02713-19 20197066__
1 A bill to be entitled
2 An act relating to ballot processes; amending 98.077,
3 F.S.; modifying requirements for updating voter
4 registration signatures, to conform; amending s.
5 99.063, F.S.; revising dates relating to the selection
6 and qualification of a lieutenant governor running
7 mate, to conform; amending s. 100.061, F.S.; revising
8 the date of the primary election; amending s. 101.048,
9 F.S.; modifying the Provisional Ballot Voter’s
10 Certificate and Affirmation; establishing a process to
11 cure a provisional ballot with a signature deficiency;
12 establishing related requirements and deadlines;
13 revising requirements for the canvassing and counting
14 of provisional ballots; creating exemptions; requiring
15 the supervisor to process a signature update following
16 submission of a valid provisional ballot cure
17 affidavit; modifying post-election elector
18 notification processes, to conform; amending 101.151,
19 F.S.; revising requirements for department rules
20 governing ballot design; amending s. 101.62, F.S.;
21 revising deadlines for requests for, and the mailing
22 of, vote-by-mail ballots; removing a limitation as to
23 when the supervisor may begin mailing domestic vote
24 by-mail ballots before an election; amending s.
25 101.64, F.S.; modifying the vote-by-mail ballot
26 Voter’s Certificate; amending s. 101.65, F.S.;
27 modifying vote-by-mail ballot instructions, to
28 conform; amending 101.68, F.S.; clarifying that
29 supervisors must immediately compare voters’
30 signatures on vote-by-mail ballots upon receipt;
31 revising requirements related to the canvassing and
32 counting of vote-by-mail ballots; providing for
33 earlier canvassing of vote-by-mail ballots;
34 prescribing additional notification requirements for
35 certain vote-by-mail ballots with defective
36 signatures; creating exemptions; revising the deadline
37 by which vote-by-mail ballot cure affidavits must be
38 submitted; requiring the supervisor to process a
39 signature update following submission of a valid vote
40 by-mail ballot cure affidavit; modifying post-election
41 elector notification processes, to conform; amending
42 101.6923, F.S.; modifying special vote-by-mail ballot
43 instructions for certain first-time voters, to
44 conform; amending 102.111, F.S.; revising the date on
45 which the Elections Canvassing Commission certifies
46 the primary election; adding an additional meeting of
47 the Elections Canvassing Commission for certification
48 of ballot votes in any general election races with
49 pending recounts; amending s. 102.112, F.S.; modifying
50 deadlines for submitting certain county ballot returns
51 to the Department of State, to conform; amending s.
52 102.141, F.S.; modifying immediate reporting times for
53 certain types of ballots and deadlines for unofficial
54 results in primary elections and certain general
55 election contests; amending s. 102.166, F.S.;
56 modifying certification requirements for voting
57 systems to require the functionality to simultaneously
58 sort and count ballot overvotes and undervotes;
59 providing an effective date.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Subsection (4) of section 98.077, Florida
64 Statutes, is amended to read:
65 98.077 Update of voter signature.—
66 (4) Except as authorized in ss. 101.048 and 101.68:
67 (a) All signature updates for use in verifying vote-by-mail
68 and provisional ballots must be received by the appropriate
69 supervisor of elections no later than the start of the
70 canvassing of vote-by-mail ballots by the canvassing board.
71 (b) The signature on file at the start of the canvass of
72 the vote-by-mail ballots is the signature that shall be used in
73 verifying the signature on the vote-by-mail and provisional
74 ballot certificates.
75 Section 2. Subsections (1) and (2) of section 99.063,
76 Florida Statutes, are amended to read
77 99.063 Candidates for Governor and Lieutenant Governor.—
78 (1) No later than 5 p.m. of the 14th 9th day following the
79 primary election, each candidate for Governor shall designate a
80 Lieutenant Governor as a running mate. Such designation must be
81 made in writing to the Department of State.
82 (2) No later than 5 p.m. of the 14th 9th day following the
83 primary election, each designated candidate for Lieutenant
84 Governor shall file with the Department of State:
85 (a) The candidate’s oath required by s. 99.021, which must
86 contain the name of the candidate as it is to appear on the
87 ballot; the office sought; and the signature of the candidate,
88 which must be verified under oath or affirmation pursuant to s.
89 92.525(1)(a).
90 (b) If the office sought is partisan, the written statement
91 of political party affiliation required by s. 99.021(1)(b).
92 (c) The full and public disclosure of financial interests
93 pursuant to s. 8, Art. II of the State Constitution. A public
94 officer who has filed the full and public disclosure with the
95 Commission on Ethics prior to qualifying for office may file a
96 copy of that disclosure at the time of qualifying.
97 Section 3. Section 100.061, Florida Statutes, is amended to
98 read:
99 100.061 Primary election.—In each year in which a general
100 election is held, a primary election for nomination of
101 candidates of political parties shall be held on the Tuesday 11
102 10 weeks prior to the general election. The candidate receiving
103 the highest number of votes cast in each contest in the primary
104 election shall be declared nominated for such office. If two or
105 more candidates receive an equal and highest number of votes for
106 the same office, such candidates shall draw lots to determine
107 which candidate is nominated.
108 Section 4. Section 101.048, Florida Statutes, is amended to
109 read:
110 101.048 Provisional ballots.—
111 (1) At all elections, a voter claiming to be properly
112 registered in the state and eligible to vote at the precinct in
113 the election but whose eligibility cannot be determined, a
114 person whom an election official asserts is not eligible, and
115 other persons specified in the code shall be entitled to vote a
116 provisional ballot. Once voted, the provisional ballot shall be
117 placed in a secrecy envelope and thereafter sealed in a
118 provisional ballot envelope. The provisional ballot shall be
119 deposited in a ballot box. All provisional ballots shall remain
120 sealed in their envelopes for return to the supervisor of
121 elections. The department shall prescribe the form of the
122 provisional ballot envelope. A person casting a provisional
123 ballot shall have the right to present written evidence
124 supporting his or her eligibility to vote to the supervisor of
125 elections by not later than 5 p.m. on the second day following
126 the election.
127 (2)(a) The county canvassing board shall examine each
128 Provisional Ballot Voter’s Certificate and Affirmation to
129 determine if the person voting that ballot was entitled to vote
130 at the precinct where the person cast a vote in the election and
131 that the person had not already cast a ballot in the election.
132 In determining whether a person casting a provisional ballot is
133 entitled to vote, the county canvassing board shall review the
134 information provided in the Voter’s Certificate and Affirmation,
135 written evidence provided by the person pursuant to subsection
136 (1), information provided in any cure affidavit and accompanying
137 supporting documentation pursuant to subsection (6), any other
138 evidence presented by the supervisor of elections, and, in the
139 case of a challenge, any evidence presented by the challenger. A
140 ballot of a person casting a provisional ballot shall be
141 canvassed pursuant to paragraph (b) counted unless the
142 canvassing board determines by a preponderance of the evidence
143 that the person was not entitled to vote.
144 (b)1. If it is determined that the person was registered
145 and entitled to vote at the precinct where the person cast a
146 vote in the election, the canvassing board must shall compare
147 the signature on the Provisional Ballot Voter’s Certificate and
148 Affirmation or the provisional ballot cure affidavit with the
149 signature on the voter’s registration or precinct register and,
150 if it matches, shall count the ballot. A provisional ballot may
151 be counted only if:
152 1. The signature on the voter’s certificate or the cure
153 affidavit matches the elector’s signature in the registration
154 books or the precinct register; however, in the case of a cure
155 affidavit, the supporting identification listed in subsection
156 (6) must also confirm the identity of the elector; or
157 2. The cure affidavit contains a signature that does not
158 match the elector’s signature in the registration books or the
159 precinct register, but the elector has submitted a current and
160 valid Tier 1 form of identification confirming his or her
161 identity pursuant to subsection (6).
162
163 For purposes of this paragraph, any canvassing board finding
164 that signatures do not match must be by majority vote and beyond
165 a reasonable doubt.
166 2. If it is determined that the person voting the
167 provisional ballot was not registered or entitled to vote at the
168 precinct where the person cast a vote in the election, the
169 (c) Any provisional ballot shall not be counted must and
170 the ballot shall remain in the envelope containing the
171 Provisional Ballot Voter’s Certificate and Affirmation and the
172 envelope shall be marked “Rejected as Illegal.”
173 (d) If a provisional ballot is validated following the
174 submission of a cure affidavit, the supervisor must make a copy
175 of the affidavit, affix it to a voter registration application,
176 and immediately process it as a valid request for a signature
177 update pursuant to s. 98.077.
178 (3) The Provisional Ballot Voter’s Certificate and
179 Affirmation shall be in substantially the following form:
180
181 STATE OF FLORIDA
182 COUNTY OF ....
183
184 I do solemnly swear (or affirm) that my name is ....; that
185 my date of birth is ....; that I am registered and qualified to
186 vote in .... County, Florida; that I am registered in the ....
187 Party; that I am a qualified voter of the county; and that I
188 have not voted in this election. I understand that if I commit
189 any fraud in connection with voting, vote a fraudulent ballot,
190 or vote more than once in an election, I can be convicted of a
191 felony of the third degree and fined up to $5,000 and/or
192 imprisoned for up to 5 years.
193 Further, by providing my information below, I authorize the
194 use of e-mail, text message, and phone call for the limited
195 purpose of signature and ballot validation.
196 ...(Printed Name of Voter)...
197 ...(Signature of Voter)...
198 ...(Current Residence Address)...
199 ...(Current Mailing Address)...
200 ...(City, State, Zip Code)...
201 ...(Driver License Number or Last Four Digits of Social Security
202 Number)...
203 ...(E-Mail Address)...
204 ...(Home Telephone Number)...
205 ...(Mobile Telephone Number)...
206
207 Sworn to and subscribed before me this .... day of ........,
208 ...(year)....
209
210 ...(Election Official)...
211
212 Precinct # .... Ballot Style/Party Issued: ....
213
214 (4) Notwithstanding the requirements of subsections (1),
215 (2), and (3), the supervisor of elections may, and for persons
216 with disabilities shall, provide the appropriate provisional
217 ballot to the voter by electronic means that meet the
218 requirements of s. 101.56062, as provided for by the certified
219 voting system. Each person casting a provisional ballot by
220 electronic means shall, prior to casting his or her ballot,
221 complete the Provisional Ballot Voter’s Certificate and
222 Affirmation as provided in subsection (3).
223 (5) Each person casting a provisional ballot shall be given
224 written instructions regarding the person’s right to provide the
225 supervisor of elections with written evidence of his or her
226 eligibility to vote and regarding the free access system
227 established pursuant to subsection (7) (6). The instructions
228 must shall contain the supervisors’ contact information along
229 with information on how to access the system and the information
230 the voter will need to provide to obtain information on his or
231 her particular ballot. The instructions shall also must include
232 the following statement: “If this is a primary election, you
233 should contact the supervisor of elections’ office immediately
234 to confirm that you are registered and can vote in the general
235 election.”
236 (6)(a) As soon as practicable, the supervisor shall, on
237 behalf of the county canvassing board, attempt to notify an
238 elector who has submitted a provisional ballot that does not
239 include the elector’s signature or contains a signature that
240 does not match the elector’s signature in the registration books
241 or precinct register by:
242 1. Providing the notice to the elector by e-mail;
243 2. Notifying the elector of the signature deficiency by
244 text message and directing the elector to the cure affidavit and
245 instructions on the supervisor’s website; and
246 3. Notifying the elector of the signature deficiency by
247 telephone and directing the elector to the cure affidavit and
248 instructions on the supervisor’s website.
249
250 If the voter’s certificate or the elector’s records do not
251 contain any telephone or electronic contact information, the
252 supervisor must immediately send the notice to the elector by
253 first-class mail. If the elector has provided such information,
254 the supervisor may continue to attempt to contact the elector by
255 telephone or electronic means for up to 48 hours before mailing
256 the physical notice. The supervisor need not provide any notice
257 required by this paragraph if the canvassing board has already
258 determined that the elector is not entitled to vote pursuant to
259 paragraph (2)(a), or if the supervisor has already confirmed the
260 elector’s receipt of notice.
261 (b) Until 5 p.m. on the 11th day after an election, the
262 supervisor of elections shall allow an elector who has submitted
263 a provisional ballot with a signature deficiency to complete and
264 submit a cure affidavit.
265 (c) The elector must complete a cure affidavit in
266 substantially the following form:
267
268 PROVISIONAL BALLOT CURE AFFIDAVIT
269 I, ...., am a qualified voter in this election and a
270 registered voter of .... County, Florida. I do solemnly swear or
271 affirm that I voted a provisional ballot and that I have not and
272 will not vote more than one ballot in this election. I
273 understand that if I commit or attempt any fraud in connection
274 with voting, vote a fraudulent ballot, or vote more than once in
275 an election, I may be convicted of a felony of the third degree,
276 fined up to $5,000, and imprisoned for up to 5 years. I
277 understand that my failure to sign this affidavit may invalidate
278 my ballot.
279
280 ...(Voter’s Signature)...
281
282 ...(Address)...
283
284 (d) Instructions must accompany the cure affidavit in
285 substantially the following form:
286
287 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
288 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
289 BALLOT NOT TO COUNT.
290
291 1. In order to cure the missing signature or the signature
292 discrepancy on your Provisional Ballot Voter’s Certificate and
293 Affirmation, your affidavit should be completed and returned as
294 soon as possible so that it can reach the supervisor of
295 elections of the county in which your precinct is located no
296 later than 5 p.m. on the 11th day after the election.
297 2. You must sign your name on the line above (Voter’s
298 Signature).
299 3. You must make a copy of one of the following forms of
300 identification:
301 a. Tier 1 identification.—Current and valid identification
302 that includes your name and photograph: Florida driver license;
303 Florida identification card issued by the Department of Highway
304 Safety and Motor Vehicles; United States passport; debit or
305 credit card; military identification; student identification;
306 retirement center identification; neighborhood association
307 identification; public assistance identification; veteran health
308 identification card issued by the United States Department of
309 Veterans Affairs; Florida license to carry a concealed weapon or
310 firearm; or employee identification card issued by any branch,
311 department, agency, or entity of the Federal Government, the
312 state, a county, or a municipality; or
313 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
314 FORM OF IDENTIFICATION, identification that shows your name and
315 current residence address: current utility bill; bank statement;
316 government check; paycheck; or government document (excluding
317 voter information card).
318 4. Place the envelope bearing the affidavit into a mailing
319 envelope addressed to the supervisor. Insert a copy of your
320 identification in the mailing envelope. Mail (if time permits),
321 deliver, or have delivered the completed affidavit along with
322 the copy of your identification to your county supervisor of
323 elections. Be sure there is sufficient postage if mailed and
324 that the supervisor’s address is correct. Remember, your
325 information MUST reach your county supervisor of elections no
326 later than 5 p.m. on the 11th day following the election or your
327 ballot will not count.
328 5. Alternatively, you may fax or e-mail your completed
329 affidavit and a copy of your identification to the supervisor of
330 elections. If e-mailing, please provide these documents as
331 attachments. E-mail should be used only as a last resort, as it
332 is not a secure communication method and could result in third
333 parties having access to your personal information.
334 6. Submitting a provisional ballot affidavit does not
335 establish your eligibility to vote in this election or guarantee
336 that your ballot will be counted. The county canvassing board
337 determines your eligibility to vote through information provided
338 on the Provisional Ballot Voter’s Certificate and Affirmation,
339 written evidence provided by you, including information in your
340 cure affidavit along with any supporting identification, and any
341 other evidence presented by the supervisor of elections or a
342 challenger. You may still be required to present additional
343 written evidence to support your eligibility to vote.
344 (e) The department and each supervisor of elections shall
345 include the affidavit and instructions on their respective
346 websites. The supervisor of elections shall include his or her
347 office mailing address, e-mail address, and fax number on the
348 page containing the affidavit instructions, and the department’s
349 instruction page must include the office mailing addresses, e
350 mail addresses, and fax numbers of all supervisors of elections
351 or provide a conspicuous link to such addresses.
352 (f) The supervisor of elections shall attach each affidavit
353 received to the appropriate provisional ballot envelope
354 containing the Provisional Ballot Voter’s Certificate and
355 Affirmation.
356 (7)(a)(6) Each supervisor of elections shall establish a
357 free access system that allows each person who casts a
358 provisional ballot to determine whether his or her provisional
359 ballot was counted in the final canvass of votes and, if not,
360 the reasons why. Information regarding provisional ballots shall
361 be available no later than 30 days following the election. The
362 system established must restrict information regarding an
363 individual ballot to the person who cast the ballot.
364 (b) In addition, unless processed as a signature update
365 pursuant to subsection (2), the supervisor shall mail a voter
366 registration application to the elector to be completed
367 indicating the elector’s current signature if the signature on
368 the voter’s certificate or cure affidavit did not match the
369 elector’s signature in the registration books or precinct
370 register.
371 Section 5. Subsection (9) of section 101.151, Florida
372 Statutes, is amended to read:
373 101.151 Specifications for ballots.—
374 (9)(a) The Department of State shall adopt rules
375 prescribing a uniform primary and general election ballot for
376 each certified voting system. The rules must shall incorporate
377 the requirements set forth in this section and must shall
378 prescribe additional matters and forms that include, without
379 limitation:
380 1. The ballot title followed by clear and unambiguous
381 ballot instructions and directions limited to a single location
382 on the ballot, either:
383 a. Centered across the top; or
384 b. In the leftmost column, with no individual races in that
385 column unless it is the only column on the ballot;
386 2. Individual race layout; and
387 3. Overall ballot layout.
388 (b) The department rules must shall graphically depict a
389 sample uniform primary and general election ballot form for each
390 certified voting system.
391 Section 6. Subsection (2) and paragraph (b) of subsection
392 (4) of section 101.62, Florida Statutes, are amended to read:
393 101.62 Request for vote-by-mail ballots.—
394 (2) A request for a vote-by-mail ballot to be mailed to a
395 voter must be received no later than 5 p.m. on the 10th sixth
396 day before the election by the supervisor of elections. The
397 supervisor of elections shall mail vote-by-mail ballots to
398 voters requesting ballots by such deadline no later than 8 4
399 days before the election.
400 (4)
401 (b) The supervisor of elections shall mail a vote-by-mail
402 ballot to each absent qualified voter, other than those listed
403 in paragraph (a), who has requested such a ballot, no later than
404 the 28th day between the 35th and 28th days before the
405 presidential preference primary election, primary election, and
406 general election. Except as otherwise provided in subsection (2)
407 and after the period described in this paragraph, the supervisor
408 shall mail vote-by-mail ballots within 2 business days after
409 receiving a request for such a ballot.
410 Section 7. Subsection (1) of section 101.64, Florida
411 Statutes, is amended to read:
412 101.64 Delivery of vote-by-mail ballots; envelopes; form.—
413 (1) The supervisor shall enclose with each vote-by-mail
414 ballot two envelopes: a secrecy envelope, into which the absent
415 elector shall enclose his or her marked ballot; and a mailing
416 envelope, into which the absent elector shall then place the
417 secrecy envelope, which shall be addressed to the supervisor and
418 also bear on the back side a certificate in substantially the
419 following form:
420
421 Note: Please Read Instructions Carefully Before
422 Marking Ballot and Completing Voter’s Certificate.
423
424 VOTER’S CERTIFICATE
425 I, ...., do solemnly swear or affirm that I am a qualified
426 and registered voter of .... County, Florida, and that I have
427 not and will not vote more than one ballot in this election. I
428 understand that if I commit or attempt to commit any fraud in
429 connection with voting, vote a fraudulent ballot, or vote more
430 than once in an election, I can be convicted of a felony of the
431 third degree and fined up to $5,000 and/or imprisoned for up to
432 5 years. I also understand that failure to sign this certificate
433 may will invalidate my ballot.
434 Further, by providing my information below, I authorize the
435 use of e-mail, text messages, and telephone calls for the
436 limited purpose of correcting a missing or nonmatching
437 signature.
438
439 ...(Date)... ...(Voter’s Signature)...
440 ...(E-Mail Address)... ...(Home Telephone Number)...
441 ...(Mobile Telephone Number)...
442 Section 8. Section 101.65, Florida Statutes, is amended to
443 read:
444 101.65 Instructions to absent electors.—The supervisor
445 shall enclose with each vote-by-mail ballot separate printed
446 instructions in substantially the following form:
447
448 READ THESE INSTRUCTIONS CAREFULLY
449 BEFORE MARKING BALLOT.
450 1. VERY IMPORTANT. In order to ensure that your vote-by
451 mail ballot will be counted, it should be completed and returned
452 as soon as possible so that it can reach the supervisor of
453 elections of the county in which your precinct is located no
454 later than 7 p.m. on the day of the election. However, if you
455 are an overseas voter casting a ballot in a presidential
456 preference primary or general election, your vote-by-mail ballot
457 must be postmarked or dated no later than the date of the
458 election and received by the supervisor of elections of the
459 county in which you are registered to vote no later than 10 days
460 after the date of the election. Note that the later you return
461 your ballot, the less time you will have to cure any signature
462 deficiencies, which is authorized until 5 p.m. on the 11th day
463 after the election.
464 2. Mark your ballot in secret as instructed on the ballot.
465 You must mark your own ballot unless you are unable to do so
466 because of blindness, disability, or inability to read or write.
467 3. Mark only the number of candidates or issue choices for
468 a race as indicated on the ballot. If you are allowed to “Vote
469 for One” candidate and you vote for more than one candidate,
470 your vote in that race will not be counted.
471 4. Place your marked ballot in the enclosed secrecy
472 envelope.
473 5. Insert the secrecy envelope into the enclosed mailing
474 envelope which is addressed to the supervisor.
475 6. Seal the mailing envelope and completely fill out the
476 Voter’s Certificate on the back of the mailing envelope.
477 7. VERY IMPORTANT. In order for your vote-by-mail ballot to
478 be counted, you must sign your name on the line above (Voter’s
479 Signature). A vote-by-mail ballot will be considered illegal and
480 not be counted if the signature on the voter’s certificate does
481 not match the signature on record. The signature on file at the
482 start of the canvass of the vote-by-mail ballots is the
483 signature that will be used to verify your signature on the
484 voter’s certificate. If you need to update your signature for
485 this election, send your signature update on a voter
486 registration application to your supervisor of elections so that
487 it is received no later than the start of the canvassing of
488 vote-by-mail ballots, which occurs no earlier than the 22nd 15th
489 day before election day.
490 8. VERY IMPORTANT. If you are an overseas voter, you must
491 include the date you signed the Voter’s Certificate on the line
492 above (Date) or your ballot may not be counted.
493 9. Mail, deliver, or have delivered the completed mailing
494 envelope. Be sure there is sufficient postage if mailed.
495 10. FELONY NOTICE. It is a felony under Florida law to
496 accept any gift, payment, or gratuity in exchange for your vote
497 for a candidate. It is also a felony under Florida law to vote
498 in an election using a false identity or false address, or under
499 any other circumstances making your ballot false or fraudulent.
500 Section 9. Subsection (1), paragraphs (a) and (c) of
501 subsection (2), and subsection (4) of section 101.68, Florida
502 Statutes, are amended to read:
503 101.68 Canvassing of vote-by-mail ballot.—
504 (1) The supervisor of the county where the absent elector
505 resides shall receive the voted ballot, at which time the
506 supervisor immediately shall compare the signature of the
507 elector on the voter’s certificate with the signature of the
508 elector in the registration books or the precinct register to
509 determine whether the elector is duly registered in the county
510 and may record on the elector’s registration certificate that
511 the elector has voted. An elector who dies after casting a vote
512 by-mail ballot but on or before election day shall remain listed
513 in the registration books until the results have been certified
514 for the election in which the ballot was cast. The supervisor
515 shall safely keep the ballot unopened in his or her office until
516 the county canvassing board canvasses the vote. Except as
517 provided in subsection (4), after a vote-by-mail ballot is
518 received by the supervisor, the ballot is deemed to have been
519 cast, and changes or additions may not be made to the voter’s
520 certificate.
521 (2)(a) The county canvassing board may begin the canvassing
522 of vote-by-mail ballots at 7 a.m. on the 22nd 15th day before
523 the election, but not later than noon on the day following the
524 election. In addition, for any county using electronic
525 tabulating equipment, the processing of vote-by-mail ballots
526 through such tabulating equipment may begin at 7 a.m. on the
527 22nd 15th day before the election. However, notwithstanding any
528 such authorization to begin canvassing or otherwise processing
529 vote-by-mail ballots early, no result shall be released until
530 after the closing of the polls in that county on election day.
531 Any supervisor of elections, deputy supervisor of elections,
532 canvassing board member, election board member, or election
533 employee who releases the results of a canvassing or processing
534 of vote-by-mail ballots prior to the closing of the polls in
535 that county on election day commits a felony of the third
536 degree, punishable as provided in s. 775.082, s. 775.083, or s.
537 775.084.
538 (c)1. The canvassing board must, if the supervisor has not
539 already done so, compare the signature of the elector on the
540 voter’s certificate or on the vote-by-mail ballot cure affidavit
541 as provided in subsection (4) with the signature of the elector
542 in the registration books or the precinct register to see that
543 the elector is duly registered in the county and to determine
544 the legality of that vote-by-mail ballot. A vote-by-mail ballot
545 may only be counted if:
546 a. The signature on the voter’s certificate or the cure
547 affidavit matches the elector’s signature in the registration
548 books or precinct register; however, in the case of a cure
549 affidavit, the supporting identification listed in subsection
550 (4) must also confirm the identity of the elector; or
551 b. The cure affidavit contains a signature that does not
552 match the elector’s signature in the registration books or
553 precinct register, but the elector has submitted a current and
554 valid Tier 1 identification pursuant to subsection (4) which
555 confirms the identity of the elector.
556
557 For purposes of this paragraph, any canvassing board finding
558 that signatures do not match must be by majority vote and beyond
559 a reasonable doubt.
560 2. The ballot of an elector who casts a vote-by-mail ballot
561 shall be counted even if the elector dies on or before election
562 day, as long as, before the death of the voter, the ballot was
563 postmarked by the United States Postal Service, date-stamped
564 with a verifiable tracking number by a common carrier, or
565 already in the possession of the supervisor of elections.
566 3. A vote-by-mail ballot is not considered illegal if the
567 signature of the elector does not cross the seal of the mailing
568 envelope.
569 4. If any elector or candidate present believes that a
570 vote-by-mail ballot is illegal due to a defect apparent on the
571 voter’s certificate or the cure affidavit, he or she may, at any
572 time before the ballot is removed from the envelope, file with
573 the canvassing board a protest against the canvass of that
574 ballot, specifying the precinct, the ballot, and the reason he
575 or she believes the ballot to be illegal. A challenge based upon
576 a defect in the voter’s certificate or cure affidavit may not be
577 accepted after the ballot has been removed from the mailing
578 envelope.
579 5. If the canvassing board determines that a ballot is
580 illegal, a member of the board must, without opening the
581 envelope, mark across the face of the envelope: “rejected as
582 illegal.” The cure affidavit, if applicable, the envelope, and
583 the ballot therein shall be preserved in the manner that
584 official ballots are preserved.
585 (4)(a) Except as provided in paragraph (b), the supervisor
586 must shall, on behalf of the county canvassing board,
587 immediately notify an elector who has returned a vote-by-mail
588 ballot that does not include the elector’s signature or contains
589 a signature that does not match the elector’s signature in the
590 registration books or precinct register.
591 (b) For timely domestic vote-by-mail ballots received
592 beginning on the 4th day before an election, and for timely
593 overseas vote-by-mail ballots received beginning on the 10th day
594 before an election, the supervisor must attempt to:
595 1. Provide the notice to the elector by e-mail;
596 2. Notify the elector of the signature deficiency by text
597 message and direct the elector to the cure affidavit and
598 instructions on the supervisor’s website; and
599 3. Notify the elector of the signature deficiency by
600 telephone and direct the elector to the cure affidavit and
601 instructions on the supervisor’s website.
602
603 If the voter’s certificate or the elector’s records do not
604 contain any telephone or electronic contact information, the
605 supervisor must immediately send the notice to an in-county
606 elector by first-class mail or to any other elector by expedited
607 delivery. If the elector has provided such information, the
608 supervisor may continue to attempt to contact the elector by
609 telephone or electronic means for up to 48 hours before sending
610 physical notice, time permitting. The supervisor need not
611 provide any notice required by this subsection which is not
612 expected to reach the elector until after 5 p.m. on the 11th day
613 after the election, or when the supervisor has already confirmed
614 the elector’s receipt of notice.
615 (c) The supervisor shall allow such an elector to complete
616 and submit an affidavit in order to cure the vote-by-mail ballot
617 until 5 p.m. on the 11th day after before the election.
618 (d)(b) The elector must complete a cure affidavit in
619 substantially the following form:
620
621 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT
622 I, ...., am a qualified voter in this election and
623 registered voter of .... County, Florida. I do solemnly swear or
624 affirm that I requested and returned the vote-by-mail ballot and
625 that I have not and will not vote more than one ballot in this
626 election. I understand that if I commit or attempt any fraud in
627 connection with voting, vote a fraudulent ballot, or vote more
628 than once in an election, I may be convicted of a felony of the
629 third degree and fined up to $5,000 and imprisoned for up to 5
630 years. I understand that my failure to sign this affidavit may
631 invalidate my ballot means that my vote-by-mail ballot will be
632 invalidated.
633
634 ...(Voter’s Signature)...
635
636 ...(Address)...
637 (e)(c) Instructions must accompany the cure affidavit in
638 substantially the following form:
639
640 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
641 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
642 BALLOT NOT TO COUNT.
643
644 1. In order to ensure that your vote-by-mail ballot will be
645 counted, your affidavit should be completed and returned as soon
646 as possible so that it can reach the supervisor of elections of
647 the county in which your precinct is located no later than 5
648 p.m. on the 11th day after before the election.
649 2. You must sign your name on the line above (Voter’s
650 Signature).
651 3. You must make a copy of one of the following forms of
652 identification:
653 a. Tier 1 identification.—Current and valid identification
654 that includes your name and photograph: Florida driver license;
655 Florida identification card issued by the Department of Highway
656 Safety and Motor Vehicles; United States passport; debit or
657 credit card; military identification; student identification;
658 retirement center identification; neighborhood association
659 identification; public assistance identification; veteran health
660 identification card issued by the United States Department of
661 Veterans Affairs; a Florida license to carry a concealed weapon
662 or firearm; or an employee identification card issued by any
663 branch, department, agency, or entity of the Federal Government,
664 the state, a county, or a municipality; or
665 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
666 FORM OF IDENTIFICATION, identification that shows your name and
667 current residence address: current utility bill, bank statement,
668 government check, paycheck, or government document (excluding
669 voter information identification card).
670 4. Place the envelope bearing the affidavit into a mailing
671 envelope addressed to the supervisor. Insert a copy of your
672 identification in the mailing envelope. Mail (if time permits),
673 deliver, or have delivered the completed affidavit along with
674 the copy of your identification to your county supervisor of
675 elections. Be sure there is sufficient postage if mailed and
676 that the supervisor’s address is correct. Remember, your
677 information MUST reach your county supervisor of elections no
678 later than 5 p.m. on the 11th day following the election, or
679 your ballot will not count.
680 5. Alternatively, you may fax or e-mail your completed
681 affidavit and a copy of your identification to the supervisor of
682 elections. If e-mailing, please provide these documents as
683 attachments. E-mail should be used only as a last resort, as it
684 is not a secure communication method and could result in third
685 parties having access to your personal information.
686 (f)(d) The department and each supervisor shall include the
687 affidavit and instructions on their respective websites. The
688 supervisor must include his or her office’s mailing address, e
689 mail address, and fax number on the page containing the
690 affidavit instructions, and; the department’s instruction page
691 must include the office mailing addresses, e-mail addresses, and
692 fax numbers of all supervisors of elections or provide a
693 conspicuous link to such addresses.
694 (g)(e) The supervisor shall attach each affidavit received
695 to the appropriate vote-by-mail ballot mailing envelope.
696 (h)(f) If a vote-by-mail ballot is validated following the
697 submission of a cure affidavit, the supervisor must make a copy
698 of the affidavit, affix it to a voter registration application,
699 and immediately process it as a valid request for a signature
700 update pursuant to s. 98.077.
701 (i) After all election results on the ballot have been
702 certified, the supervisor shall, on behalf of the county
703 canvassing board, notify each elector whose ballot has been
704 rejected as illegal and provide the specific reason the ballot
705 was rejected. In addition, unless processed as a signature
706 update pursuant to paragraph (h), the supervisor shall mail a
707 voter registration application to the elector to be completed
708 indicating the elector’s current signature if the signature on
709 the voter’s certificate or cure affidavit did not match the
710 elector’s signature in the registration books or precinct
711 register. This section does not prohibit the supervisor from
712 providing additional methods for updating an elector’s
713 signature.
714 Section 10. Section 101.6923, Florida Statutes, is amended
715 to read:
716 101.6923 Special vote-by-mail ballot instructions for
717 certain first-time voters.—
718 (1) The provisions of this section apply to voters who are
719 subject to the provisions of s. 97.0535 and who have not
720 provided the identification or information required by s.
721 97.0535 by the time the vote-by-mail ballot is mailed.
722 (2) A voter covered by this section shall be provided with
723 printed instructions with his or her vote-by-mail ballot in
724 substantially the following form:
725
726 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
727 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
728 YOUR BALLOT NOT TO COUNT.
729
730 1. In order to ensure that your vote-by-mail ballot will be
731 counted, it should be completed and returned as soon as possible
732 so that it can reach the supervisor of elections of the county
733 in which your precinct is located no later than 7 p.m. on the
734 date of the election. However, if you are an overseas voter
735 casting a ballot in a presidential preference primary or general
736 election, your vote-by-mail ballot must be postmarked or dated
737 no later than the date of the election and received by the
738 supervisor of elections of the county in which you are
739 registered to vote no later than 10 days after the date of the
740 election.
741 2. Mark your ballot in secret as instructed on the ballot.
742 You must mark your own ballot unless you are unable to do so
743 because of blindness, disability, or inability to read or write.
744 3. Mark only the number of candidates or issue choices for
745 a race as indicated on the ballot. If you are allowed to “Vote
746 for One” candidate and you vote for more than one, your vote in
747 that race will not be counted.
748 4. Place your marked ballot in the enclosed secrecy
749 envelope and seal the envelope.
750 5. Insert the secrecy envelope into the enclosed envelope
751 bearing the Voter’s Certificate. Seal the envelope and
752 completely fill out the Voter’s Certificate on the back of the
753 envelope.
754 a. You must sign your name on the line above (Voter’s
755 Signature).
756 b. If you are an overseas voter, you must include the date
757 you signed the Voter’s Certificate on the line above (Date) or
758 your ballot may not be counted.
759 c. A vote-by-mail ballot will be considered illegal and
760 will not be counted if the signature on the Voter’s Certificate
761 does not match the signature on record. The signature on file at
762 the start of the canvass of the vote-by-mail ballots is the
763 signature that will be used to verify your signature on the
764 Voter’s Certificate. If you need to update your signature for
765 this election, send your signature update on a voter
766 registration application to your supervisor of elections so that
767 it is received no later than the start of canvassing of vote-by
768 mail ballots, which occurs no earlier than the 22nd 15th day
769 before election day.
770 6. Unless you meet one of the exemptions in Item 7., you
771 must make a copy of one of the following forms of
772 identification:
773 a. Identification which must include your name and
774 photograph: United States passport; debit or credit card;
775 military identification; student identification; retirement
776 center identification; neighborhood association identification;
777 public assistance identification; veteran health identification
778 card issued by the United States Department of Veterans Affairs;
779 a Florida license to carry a concealed weapon or firearm; or an
780 employee identification card issued by any branch, department,
781 agency, or entity of the Federal Government, the state, a
782 county, or a municipality; or
783 b. Identification which shows your name and current
784 residence address: current utility bill, bank statement,
785 government check, paycheck, or government document (excluding
786 voter information identification card).
787 7. The identification requirements of Item 6. do not apply
788 if you meet one of the following requirements:
789 a. You are 65 years of age or older.
790 b. You have a temporary or permanent physical disability.
791 c. You are a member of a uniformed service on active duty
792 who, by reason of such active duty, will be absent from the
793 county on election day.
794 d. You are a member of the Merchant Marine who, by reason
795 of service in the Merchant Marine, will be absent from the
796 county on election day.
797 e. You are the spouse or dependent of a member referred to
798 in paragraph c. or paragraph d. who, by reason of the active
799 duty or service of the member, will be absent from the county on
800 election day.
801 f. You are currently residing outside the United States.
802 8. Place the envelope bearing the Voter’s Certificate into
803 the mailing envelope addressed to the supervisor. Insert a copy
804 of your identification in the mailing envelope. DO NOT PUT YOUR
805 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
806 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
807 BALLOT WILL NOT COUNT.
808 9. Mail, deliver, or have delivered the completed mailing
809 envelope. Be sure there is sufficient postage if mailed.
810 10. FELONY NOTICE. It is a felony under Florida law to
811 accept any gift, payment, or gratuity in exchange for your vote
812 for a candidate. It is also a felony under Florida law to vote
813 in an election using a false identity or false address, or under
814 any other circumstances making your ballot false or fraudulent.
815 Section 11. Subsection (2) of section 102.111, Florida
816 Statutes, is amended to read:
817 102.111 Elections Canvassing Commission.—
818 (2)(a) The Elections Canvassing Commission shall meet at 9
819 a.m. on the 9th day after a primary election and at 9 a.m. on
820 the 14th day after a primary election or a general election to
821 certify the returns of the election for each federal, state, and
822 multicounty office, except for those contests with a pending
823 general election recount.
824 (b) The commission shall meet at 9 a.m. on the 21st day
825 after a general election to certify the returns in the remaining
826 recount contests.
827
828 If a member of a county canvassing board that was constituted
829 pursuant to s. 102.141 determines, within 5 days after the
830 certification by the Elections Canvassing Commission, that a
831 typographical error occurred in the official returns of the
832 county, the correction of which could result in a change in the
833 outcome of an election, the county canvassing board must certify
834 corrected returns to the Department of State within 24 hours,
835 and the Elections Canvassing Commission must correct and
836 recertify the election returns as soon as practicable.
837 Section 12. Subsection (2) of section 102.112, Florida
838 Statutes, is amended to read:
839 102.112 Deadline for submission of county returns to the
840 Department of State.—
841 (2)(a) Returns must be filed by 5 p.m. on the 7th day
842 following a primary election and by noon on the 12th day
843 following the primary election and the general election for all
844 contests, except those contests with a pending general election
845 recount.
846 (b) For contests with a pending general election recount,
847 returns must be filed by noon on the 19th day following the
848 general election.
849 (c) However, The Department of State may correct
850 typographical errors, including the transposition of numbers, in
851 any returns submitted to the Department of State pursuant to s.
852 102.111(2).
853 Section 13. Paragraph (b) of subsection (4), subsection
854 (5), and paragraph (c) of subsection (7) of section 102.141,
855 Florida Statutes, are amended to read:
856 102.141 County canvassing board; duties.—
857 (4)
858 (b) The canvassing board shall report all early voting and
859 all tabulated vote-by-mail results to the Department of State
860 within 30 minutes after the polls close. Thereafter, the
861 canvassing board shall report, with the exception of provisional
862 ballot results, updated precinct election results to the
863 department at least every hour 45 minutes until 2 a.m. the next
864 day. Thereafter, the canvassing board must report results on an
865 hourly basis from 9 a.m. until 8 p.m. each day until all results
866 are completely reported. The supervisor of elections shall
867 notify the department immediately of any circumstances that do
868 not permit periodic updates as required. Results shall be
869 submitted in a format prescribed by the department.
870 (5) The canvassing board shall submit on forms or in
871 formats provided by the division unofficial returns to the
872 Department of State for each federal, statewide, state, or
873 multicounty office or ballot measure no later than noon on the
874 third day after any primary election and no later than noon on
875 the fourth day after any primary, general or other election.
876 Such returns shall include the canvass of all ballots as
877 required by subsection (2).
878 (7) If the unofficial returns reflect that a candidate for
879 any office was defeated or eliminated by one-half of a percent
880 or less of the votes cast for such office, that a candidate for
881 retention to a judicial office was retained or not retained by
882 one-half of a percent or less of the votes cast on the question
883 of retention, or that a measure appearing on the ballot was
884 approved or rejected by one-half of a percent or less of the
885 votes cast on such measure, a recount shall be ordered of the
886 votes cast with respect to such office or measure. The Secretary
887 of State is responsible for ordering recounts in federal, state,
888 and multicounty races. The county canvassing board or the local
889 board responsible for certifying the election is responsible for
890 ordering recounts in all other races. A recount need not be
891 ordered with respect to the returns for any office, however, if
892 the candidate or candidates defeated or eliminated from
893 contention for such office by one-half of a percent or less of
894 the votes cast for such office request in writing that a recount
895 not be made.
896 (c) The canvassing board shall submit on forms or in
897 formats provided by the division a second set of unofficial
898 returns to the Department of State for each federal, statewide,
899 state, or multicounty office or ballot measure. The returns for
900 all primary election contests and general election contests not
901 subject to a recount shall be filed no later than 3 p.m. on the
902 9th 5th day after the any primary or general election, and no
903 later than 5 p.m. 3 p.m. on the 12th 9th day after the any
904 general election for any contest in which a recount was ordered
905 by the Secretary of State. If the canvassing board is unable to
906 complete the recount prescribed in this subsection by the
907 deadline, the second set of unofficial returns submitted by the
908 canvassing board shall be identical to the initial unofficial
909 returns and the submission shall also include a detailed
910 explanation of why it was unable to timely complete the recount.
911 However, the canvassing board shall complete the recount
912 prescribed in this subsection, along with any manual recount
913 prescribed in s. 102.166, and certify election returns in
914 accordance with the requirements of this chapter.
915 Section 14. Subsection (2) of section 102.166, Florida
916 Statutes, is amended to read:
917 102.166 Manual recounts of overvotes and undervotes.—
918 (2)(a) Any hardware or software used to identify and sort
919 overvotes and undervotes for a given race or ballot measure must
920 be certified by the Department of State as part of the voting
921 system pursuant to s. 101.015. Any such hardware or software
922 must be capable of simultaneously identifying and sorting
923 overvotes and undervotes in multiple races while simultaneously
924 counting votes.
925 (b) Overvotes and undervotes must shall be identified and
926 sorted while recounting ballots pursuant to s. 102.141, if the
927 hardware or software for this purpose has been certified or the
928 department’s rules so provide.
929 Section 15. This act shall take effect January 1, 2020.