Florida Senate - 2019 CS for SB 7066
By the Committees on Rules; and Ethics and Elections
595-04814-19 20197066c1
1 A bill to be entitled
2 An act relating to election administration; amending
3 s. 97.012, F.S.; requiring the Secretary of State to
4 provide signature matching training to certain
5 persons; amending s. 97.021, F.S.; revising the
6 definition of the term “voter interface device”;
7 amending s. 98.077, F.S.; revising deadlines for voter
8 signature updates for purposes of vote-by-mail and
9 provisional ballots; providing an exception; amending
10 s. 98.0981, F.S.; revising the voter threshold
11 necessary to require the reporting of certain
12 precinct-level results by ballot; amending s. 99.063,
13 F.S.; removing a provision requiring certain language
14 to follow the name of gubernatorial candidates in
15 specified circumstances; amending s. 100.061, F.S.;
16 revising the date of the primary election; amending s.
17 101.015, F.S.; requiring the Department of State to
18 establish minimum security standards to address chain
19 of custody of ballots, transport of ballots, and
20 ballot security; amending s. 101.048, F.S.; requiring
21 a county canvassing board to review certain
22 information; providing requirements for the canvassing
23 and counting of provisional ballots; requiring the
24 supervisor of elections to process a valid provisional
25 ballot cure affidavit as a voter signature update;
26 revising the Provisional Ballot Voter’s Certificate
27 and Affirmation form; providing a process to cure a
28 provisional ballot with a signature deficiency;
29 requiring a supervisor to mail a voter registration
30 application to an elector in certain circumstances;
31 amending s. 101.151, F.S.; revising requirements for
32 department rules governing ballot design; amending s.
33 101.20, F.S.; authorizing the distribution of sample
34 ballots by e-mail or mail in lieu of newspaper
35 publication; amending s. 101.56075, F.S.; authorizing
36 voting to be conducted using a voter interface device
37 that produces a voter-verifiable paper output;
38 amending s. 101.5614, F.S.; authorizing certain
39 individuals to serve as witnesses during the ballot
40 duplication process; amending s. 101.62, F.S.;
41 revising the deadlines by which requests for vote-by
42 mail ballots must be received and by which vote-by
43 mail ballots shall be mailed by the supervisor;
44 expanding the period during which a designee may
45 physically collect a vote-by-mail ballot; amending s.
46 101.64, F.S.; requiring the secrecy envelope included
47 with a vote-by-mail ballot to include a specified
48 statement; amending s. 101.65, F.S.; revising
49 requirements for vote-by-mail ballot instructions;
50 amending s. 101.657, F.S.; requiring a supervisor to
51 report the total number of vote-by-mail ballots
52 received at each early voting location; amending s.
53 101.68, F.S.; revising the date that canvassing of
54 vote-by-mail ballots may begin; revising requirements
55 related to the canvassing and counting of vote-by-mail
56 ballots; revising the deadline by which vote-by-mail
57 ballot cure affidavits must be submitted; requiring
58 the supervisor to process a valid vote-by-mail ballot
59 cure affidavit as a voter signature update; amending
60 s. 101.69, F.S.; requiring a supervisor to provide
61 secure drop boxes in specified locations for an
62 elector to place his or her vote-by-mail ballot;
63 amending s. 101.6923, F.S.; revising vote-by-mail
64 ballot instructions for certain first-time voters;
65 amending s. 102.031, F.S.; expanding the area in which
66 voter solicitation is prohibited; authorizing an
67 elector to photograph his or her own ballot; amending
68 s. 102.141, F.S.; providing notice requirements for
69 meetings of a county canvassing board; requiring
70 certain individuals to wear identification badges
71 during certain periods; amending s. 102.166, F.S.;
72 modifying certification requirements for voting
73 systems to require the functionality to simultaneously
74 sort and count ballot overvotes and undervotes;
75 revising requirements for department rules regarding
76 manual recounts of certain ballots; amending s.
77 102.168, F.S.; modifying provisions governing election
78 contests to authorize judicial review of additional
79 information related to determining validity of
80 provisional and vote-by-mail ballot signatures to
81 conform to changes made by the act; amending s.
82 104.051, F.S.; providing a penalty for certain
83 supervisors who willfully violate the Florida Election
84 Code; providing effective dates.
85
86 Be It Enacted by the Legislature of the State of Florida:
87
88 Section 1. Subsection (17) is added to section 97.012,
89 Florida Statutes, to read:
90 97.012 Secretary of State as chief election officer.—The
91 Secretary of State is the chief election officer of the state,
92 and it is his or her responsibility to:
93 (17) Provide formal signature matching training to
94 supervisors of elections and county canvassing board members.
95 Section 2. Effective January 1, 2020, subsection (41) of
96 section 97.021, Florida Statutes, is amended to read:
97 97.021 Definitions.—For the purposes of this code, except
98 where the context clearly indicates otherwise, the term:
99 (41) “Voter interface device” means any device that
100 communicates voting instructions and ballot information to a
101 voter and allows the voter to select and vote for candidates and
102 issues. A voter interface device may not be used to tabulate
103 votes. Any vote tabulation must be based upon a subsequent scan
104 of the marked marksense ballot or the voter-verifiable paper
105 output after the voter interface device process has been
106 completed.
107 Section 3. Subsection (4) of section 98.077, Florida
108 Statutes, is amended to read:
109 98.077 Update of voter signature.—
110 (4) Except as authorized in ss. 101.048 and 101.68:
111 (a) All signature updates for use in verifying vote-by-mail
112 and provisional ballots must be received by the appropriate
113 supervisor before the elector’s ballot is received by the
114 supervisor or, in the case of provisional ballots, before the
115 elector’s ballot is cast of elections no later than the start of
116 the canvassing of vote-by-mail ballots by the canvassing board.
117 (b) The signature on file at the time the vote-by-mail
118 ballot is received or at the time the provisional ballot is cast
119 start of the canvass of the vote-by-mail ballots is the
120 signature that shall be used in verifying the signature on the
121 vote-by-mail and provisional ballot certificates, respectively.
122 Section 4. Paragraph (a) of subsection (2) of section
123 98.0981, Florida Statutes, is amended to read:
124 98.0981 Reports; voting history; statewide voter
125 registration system information; precinct-level election
126 results; book closing statistics.—
127 (2) PRECINCT-LEVEL ELECTION RESULTS.—
128 (a) Within 30 days after certification by the Elections
129 Canvassing Commission of a presidential preference primary
130 election, special election, primary election, or general
131 election, the supervisors of elections shall collect and submit
132 to the department precinct-level election results for the
133 election in a uniform electronic format specified by paragraph
134 (c). The precinct-level election results shall be compiled
135 separately for the primary or special primary election that
136 preceded the general or special general election, respectively.
137 The results shall specifically include for each precinct the
138 total of all ballots cast for each candidate or nominee to fill
139 a national, state, county, or district office or proposed
140 constitutional amendment, with subtotals for each candidate and
141 ballot type, unless fewer than 30 10 voters voted a ballot type.
142 “All ballots cast” means ballots cast by voters who cast a
143 ballot whether at a precinct location, by vote-by-mail ballot
144 including overseas vote-by-mail ballots, during the early voting
145 period, or by provisional ballot.
146 Section 5. Subsection (4) of section 99.063, Florida
147 Statutes, is amended to read:
148 99.063 Candidates for Governor and Lieutenant Governor.—
149 (4) In order to have the name of the candidate for
150 Lieutenant Governor printed on the primary election ballot, a
151 candidate for Governor participating in the primary must
152 designate the candidate for Lieutenant Governor, and the
153 designated candidate must qualify no later than the end of the
154 qualifying period specified in s. 99.061. If the candidate for
155 Lieutenant Governor has not been designated and has not
156 qualified by the end of the qualifying period specified in s.
157 99.061, the phrase “Not Yet Designated” must be included in lieu
158 of the candidate’s name on the primary election ballot.
159 Section 6. Section 100.061, Florida Statutes, is amended to
160 read:
161 100.061 Primary election.—In each year in which a general
162 election is held, a primary election for nomination of
163 candidates of political parties shall be held on the Tuesday 11
164 10 weeks prior to the general election. The candidate receiving
165 the highest number of votes cast in each contest in the primary
166 election shall be declared nominated for such office. If two or
167 more candidates receive an equal and highest number of votes for
168 the same office, such candidates shall draw lots to determine
169 which candidate is nominated.
170 Section 7. Subsection (4) of section 101.015, Florida
171 Statutes, is amended to read:
172 101.015 Standards for voting systems.—
173 (4)(a) The Department of State shall adopt rules
174 establishing minimum security standards for voting systems. The
175 standards, at a minimum, must address the following:
176 1. Chain of custody of ballots, including a detailed
177 description of procedures to create a complete written record of
178 the chain of custody of ballots and paper outputs beginning with
179 their receipt from a printer or manufacturer until such time as
180 they are destroyed.
181 2. Transport of ballots, including a description of the
182 method and equipment used and a detailed list of the names of
183 all individuals involved in such transport.
184 3. Ballot security, including a requirement that all
185 ballots be kept in a locked room in the supervisor’s office, a
186 facility controlled by the supervisor or county canvassing
187 board, or a public place in which the county canvassing board is
188 canvassing votes until needed for canvassing and returned
189 thereafter.
190 (b)1. Each supervisor of elections shall establish written
191 procedures to assure accuracy and security in his or her county,
192 including procedures related to early voting pursuant to s.
193 101.657. Such procedures shall be reviewed in each odd-numbered
194 year by the department of State.
195 2.(c) Each supervisor of elections shall submit any
196 revisions to the security procedures to the department of State
197 at least 45 days before early voting commences pursuant to s.
198 101.657 in an election in which they are to take effect.
199 Section 8. Present subsection (6) of section 101.048,
200 Florida Statutes, is renumbered as subsection (7), subsections
201 (2), (3), and (5) and present subsection (6) of that section are
202 amended, and a new subsection (6) is added to that section, to
203 read:
204 101.048 Provisional ballots.—
205 (2)(a) The county canvassing board shall examine each
206 Provisional Ballot Voter’s Certificate and Affirmation to
207 determine if the person voting that ballot was entitled to vote
208 at the precinct where the person cast a vote in the election and
209 that the person had not already cast a ballot in the election.
210 In determining whether a person casting a provisional ballot is
211 entitled to vote, the county canvassing board shall review the
212 information provided in the Voter’s Certificate and Affirmation,
213 written evidence provided by the person pursuant to subsection
214 (1), information provided in any cure affidavit and accompanying
215 supporting documentation pursuant to subsection (6), any other
216 evidence presented by the supervisor of elections, and, in the
217 case of a challenge, any evidence presented by the challenger. A
218 ballot of a person casting a provisional ballot shall be
219 canvassed pursuant to paragraph (b) counted unless the
220 canvassing board determines by a preponderance of the evidence
221 that the person was not entitled to vote.
222 (b)1. If it is determined that the person was registered
223 and entitled to vote at the precinct where the person cast a
224 vote in the election, the canvassing board must shall compare
225 the signature on the Provisional Ballot Voter’s Certificate and
226 Affirmation or the provisional ballot cure affidavit with the
227 signature on the voter’s registration or precinct register and,
228 if it matches, shall count the ballot. A provisional ballot may
229 be counted only if:
230 1. The signature on the voter’s certificate or the cure
231 affidavit matches the elector’s signature in the registration
232 books or the precinct register; however, in the case of a cure
233 affidavit, the supporting identification listed in subsection
234 (6) must also confirm the identity of the elector; or
235 2. The cure affidavit contains a signature that does not
236 match the elector’s signature in the registration books or the
237 precinct register, but the elector has submitted a current and
238 valid Tier 1 form of identification confirming his or her
239 identity pursuant to subsection (6).
240
241 For purposes of this paragraph, any canvassing board finding
242 that signatures do not match must be by majority vote and beyond
243 a reasonable doubt.
244 2. If it is determined that the person voting the
245 provisional ballot was not registered or entitled to vote at the
246 precinct where the person cast a vote in the election, the
247 (c) Any provisional ballot shall not be counted must and
248 the ballot shall remain in the envelope containing the
249 Provisional Ballot Voter’s Certificate and Affirmation and the
250 envelope shall be marked “Rejected as Illegal.”
251 (d) If a provisional ballot is validated following the
252 submission of a cure affidavit, the supervisor must make a copy
253 of the affidavit, affix it to a voter registration application,
254 and immediately process it as a valid request for a signature
255 update pursuant to s. 98.077.
256 (3) The Provisional Ballot Voter’s Certificate and
257 Affirmation shall be in substantially the following form:
258 STATE OF FLORIDA
259 COUNTY OF ....
260 I do solemnly swear (or affirm) that my name is ....; that
261 my date of birth is ....; that I am registered and qualified to
262 vote in .... County, Florida; that I am registered in the ....
263 Party; that I am a qualified voter of the county; and that I
264 have not voted in this election. I understand that if I commit
265 any fraud in connection with voting, vote a fraudulent ballot,
266 or vote more than once in an election, I can be convicted of a
267 felony of the third degree and fined up to $5,000 and/or
268 imprisoned for up to 5 years. Further, by providing my
269 information below, I authorize the use of e-mail, text message,
270 and telephone call for the limited purpose of signature and
271 ballot validation.
272 ...(Printed Name of Voter)...
273 ...(Signature of Voter)...
274 ...(Current Residence Address)...
275 ...(Current Mailing Address)...
276 ...(City, State, Zip Code)...
277 ...(Driver License Number or Last Four Digits of Social Security
278 Number)...
279 ...(E-Mail Address)...
280 ...(Home Telephone Number)...
281 ...(Mobile Telephone Number)...
282 Sworn to and subscribed before me this .... day of ........,
283 ...(year)....
284 ...(Election Official)...
285 Precinct # .... Ballot Style/Party Issued: ....
286 (5) Each person casting a provisional ballot shall be given
287 written instructions regarding the person’s right to provide the
288 supervisor of elections with written evidence of his or her
289 eligibility to vote and regarding the free access system
290 established pursuant to subsection (7) (6). The instructions
291 must shall contain the supervisor’s contact information along
292 with information on how to access the system and the information
293 the voter will need to provide to obtain information on his or
294 her particular ballot. The instructions shall also include the
295 following statement: “If this is a primary election, you should
296 contact the supervisor of elections’ office immediately to
297 confirm that you are registered and can vote in the general
298 election.”
299 (6)(a) As soon as practicable, the supervisor shall, on
300 behalf of the county canvassing board, attempt to notify an
301 elector who has submitted a provisional ballot that does not
302 include the elector’s signature or contains a signature that
303 does not match the elector’s signature in the registration books
304 or precinct register by:
305 1. Notifying the elector of the signature deficiency by e
306 mail and directing the elector to the cure affidavit and
307 instructions on the supervisor’s website;
308 2. Notifying the elector of the signature deficiency by
309 text message and directing the elector to the cure affidavit and
310 instructions on the supervisor’s website; or
311 3. Notifying the elector of the signature deficiency by
312 telephone and directing the elector to the cure affidavit and
313 instructions on the supervisor’s website.
314
315 In addition to the notification required under subparagraph 1.,
316 subparagraph 2., or subparagraph 3., the supervisor must notify
317 the elector of the signature deficiency by first-class mail and
318 direct the elector to the cure affidavit and instructions on the
319 supervisor’s website. Beginning the day before the election, the
320 supervisor is not required to provide notice of the signature
321 deficiency by first-class mail, but shall continue to provide
322 notice as required in subparagraph 1., subparagraph 2., or
323 subparagraph 3.
324 (b) Until 5 p.m. on the 2nd day after an election, the
325 supervisor shall allow an elector who has submitted a
326 provisional ballot with a signature deficiency to complete and
327 submit a cure affidavit.
328 (c) The elector must complete a cure affidavit in
329 substantially the following form:
330
331 PROVISIONAL BALLOT CURE AFFIDAVIT
332 I, ...., am a qualified voter in this election and a
333 registered voter of .... County, Florida. I do solemnly swear or
334 affirm that I voted a provisional ballot and that I have not and
335 will not vote more than one ballot in this election. I
336 understand that if I commit or attempt any fraud in connection
337 with voting, vote a fraudulent ballot, or vote more than once in
338 an election, I may be convicted of a felony of the third degree,
339 fined up to $5,000, and imprisoned for up to 5 years. I
340 understand that my failure to sign this affidavit will
341 invalidate my ballot.
342
343 ...(Voter’s Signature)...
344
345 ...(Address)...
346
347 (d) Instructions must accompany the cure affidavit in
348 substantially the following form:
349
350 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
351 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
352 BALLOT NOT TO COUNT.
353
354 1. In order to cure the missing signature or the signature
355 discrepancy on your Provisional Ballot Voter’s Certificate and
356 Affirmation, your affidavit should be completed and returned as
357 soon as possible so that it can reach the supervisor of
358 elections of the county in which your precinct is located no
359 later than 5 p.m. on the 2nd day after the election.
360 2. You must sign your name on the line above (Voter’s
361 Signature).
362 3. You must make a copy of one of the following forms of
363 identification:
364 a. Tier 1 identification.—Current and valid identification
365 that includes your name and photograph: Florida driver license;
366 Florida identification card issued by the Department of Highway
367 Safety and Motor Vehicles; United States passport; debit or
368 credit card; military identification; student identification;
369 retirement center identification; neighborhood association
370 identification; public assistance identification; veteran health
371 identification card issued by the United States Department of
372 Veterans Affairs; Florida license to carry a concealed weapon or
373 firearm; or employee identification card issued by any branch,
374 department, agency, or entity of the Federal Government, the
375 state, a county, or a municipality; or
376 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
377 FORM OF IDENTIFICATION, identification that shows your name and
378 current residence address: current utility bill; bank statement;
379 government check; paycheck; or government document (excluding
380 voter information card).
381 4. Place the envelope bearing the affidavit into a mailing
382 envelope addressed to the supervisor. Insert a copy of your
383 identification in the mailing envelope. Mail (if time permits),
384 deliver, or have delivered the completed affidavit along with
385 the copy of your identification to your county supervisor of
386 elections. Be sure there is sufficient postage if mailed and
387 that the supervisor’s address is correct. Remember, your
388 information MUST reach your county supervisor of elections no
389 later than 5 p.m. on the 2nd day following the election or your
390 ballot will not count.
391 5. Alternatively, you may fax or e-mail your completed
392 affidavit and a copy of your identification to the supervisor of
393 elections. If e-mailing, please provide these documents as
394 attachments.
395 6. Submitting a provisional ballot affidavit does not
396 establish your eligibility to vote in this election or guarantee
397 that your ballot will be counted. The county canvassing board
398 determines your eligibility to vote through information provided
399 on the Provisional Ballot Voter’s Certificate and Affirmation,
400 written evidence provided by you, including information in your
401 cure affidavit along with any supporting identification, and any
402 other evidence presented by the supervisor of elections or a
403 challenger. You may still be required to present additional
404 written evidence to support your eligibility to vote.
405 (e) The department and each supervisor shall include the
406 affidavit and instructions on their respective websites. The
407 supervisor shall include his or her office mailing address, e
408 mail address, and fax number on the page containing the
409 affidavit instructions, and the department’s instruction page
410 shall include the office mailing addresses, e-mail addresses,
411 and fax numbers of all supervisors or provide a conspicuous link
412 to such addresses.
413 (f) The supervisor shall attach each affidavit received to
414 the appropriate provisional ballot envelope containing the
415 Provisional Ballot Voter’s Certificate and Affirmation.
416 (7)(a)(6) Each supervisor of elections shall establish a
417 free access system that allows each person who casts a
418 provisional ballot to determine whether his or her provisional
419 ballot was counted in the final canvass of votes and, if not,
420 the reasons why. Information regarding provisional ballots shall
421 be available no later than 30 days following the election. The
422 system established must restrict information regarding an
423 individual ballot to the person who cast the ballot.
424 (b) Unless processed as a signature update pursuant to
425 subsection (2), the supervisor shall mail a voter registration
426 application to the elector to be completed indicating the
427 elector’s current signature if the signature on the voter’s
428 certificate or cure affidavit did not match the elector’s
429 signature in the registration books or precinct register.
430 Section 9. Paragraph (b) of subsection (1) and subsection
431 (9) of section 101.151, Florida Statutes, are amended to read:
432 101.151 Specifications for ballots.—
433 (1)
434 (b) Polling places and early voting sites may employ a
435 ballot-on-demand production system to print individual marksense
436 ballots, including provisional ballots, for eligible electors
437 pursuant to s. 101.657. Ballot-on-demand technology may be used
438 to produce marksense vote-by-mail and election-day ballots.
439 (9)(a) The Department of State shall adopt rules
440 prescribing a uniform primary and general election ballot for
441 each certified voting system. The rules shall incorporate the
442 requirements set forth in this section and shall prescribe
443 additional matters and forms that include, without limitation:
444 1. The ballot title followed by clear and unambiguous
445 ballot instructions and directions limited to a single location
446 on the ballot, either:
447 a. Centered across the top of the ballot; or
448 b. In the leftmost column, with no individual races in that
449 column unless it is the only column on the ballot;
450 2. Individual race layout; and
451 3. Overall ballot layout; and
452 4. Oval vote targets as the only permissible type of vote
453 target.
454 (b) The department rules must shall graphically depict a
455 sample uniform primary and general election ballot form for each
456 certified voting system.
457 Section 10. Subsection (2) of section 101.20, Florida
458 Statutes, is amended to read:
459 101.20 Publication of ballot form; sample ballots.—
460 (2)(a) Upon completion of the list of qualified candidates,
461 a sample ballot shall be published by the supervisor of
462 elections in a newspaper of general circulation in the county,
463 before the day of election.
464 (b) In lieu of the publication required under paragraph
465 (a), a supervisor may send a sample ballot to each registered
466 elector by e-mail at least 7 days before an election if an e
467 mail address has been provided and the elector has opted to
468 receive a sample ballot by electronic delivery. If an e-mail
469 address has not been provided, or if the elector has not opted
470 for electronic delivery, a sample ballot may be mailed to each
471 registered elector or to each household in which there is a
472 registered elector at least 7 days before an election.
473 Section 11. Effective January 1, 2020, section 101.56075,
474 Florida Statutes, is amended to read:
475 101.56075 Voting methods.—For the purpose of designating
476 ballot selections,
477 (1) Except as provided in subsection (2), all voting must
478 shall be by marksense ballot, using utilizing a marking device
479 or a voter interface device that produces a voter-verifiable
480 paper output and for the purpose of designating ballot
481 selections.
482 (2) Persons with disabilities may vote on a voter interface
483 device that meets the voting system accessibility requirements
484 for individuals with disabilities pursuant to s. 301 of the
485 federal Help America Vote Act of 2002 and s. 101.56062.
486 (3) By 2020, persons with disabilities shall vote on a
487 voter interface device that meets the voter accessibility
488 requirements for individuals with disabilities under s. 301 of
489 the federal Help America Vote Act of 2002 and s. 101.56062 which
490 are consistent with subsection (1) of this section.
491 Section 12. Paragraph (a) of subsection (4) of section
492 101.5614, Florida Statutes, is amended to read:
493 101.5614 Canvass of returns.—
494 (4)(a) If any vote-by-mail ballot is physically damaged so
495 that it cannot properly be counted by the automatic tabulating
496 equipment, a true duplicate copy shall be made of the damaged
497 ballot in the presence of witnesses and substituted for the
498 damaged ballot. Likewise, a duplicate ballot shall be made of a
499 vote-by-mail ballot containing an overvoted race or a marked
500 vote-by-mail ballot in which every race is undervoted which
501 shall include all valid votes as determined by the canvassing
502 board based on rules adopted by the division pursuant to s.
503 102.166(4). Upon request, a physically present candidate, a
504 political party official, a political committee official, or an
505 authorized designee thereof, must be allowed to observe the
506 duplication of ballots. All duplicate ballots shall be clearly
507 labeled “duplicate,” bear a serial number which shall be
508 recorded on the defective ballot, and be counted in lieu of the
509 defective ballot. After a ballot has been duplicated, the
510 defective ballot shall be placed in an envelope provided for
511 that purpose, and the duplicate ballot shall be tallied with the
512 other ballots for that precinct.
513 Section 13. Subsection (2) and paragraphs (b) and (c) of
514 subsection (4) of section 101.62, Florida Statutes, are amended
515 to read:
516 101.62 Request for vote-by-mail ballots.—
517 (2) A request for a vote-by-mail ballot to be mailed to a
518 voter must be received no later than 5 p.m. on the 10th sixth
519 day before the election by the supervisor of elections. The
520 supervisor of elections shall mail vote-by-mail ballots to
521 voters requesting ballots by such deadline no later than 8 4
522 days before the election.
523 (4)
524 (b) The supervisor of elections shall mail a vote-by-mail
525 ballot to each absent qualified voter, other than those listed
526 in paragraph (a), who has requested such a ballot, between the
527 40th 35th and 33rd 28th days before the presidential preference
528 primary election, primary election, and general election. Except
529 as otherwise provided in subsection (2) and after the period
530 described in this paragraph, the supervisor shall mail vote-by
531 mail ballots within 2 business days after receiving a request
532 for such a ballot.
533 (c) The supervisor shall provide a vote-by-mail ballot to
534 each elector by whom a request for that ballot has been made by
535 one of the following means:
536 1. By nonforwardable, return-if-undeliverable mail to the
537 elector’s current mailing address on file with the supervisor or
538 any other address the elector specifies in the request.
539 2. By forwardable mail, e-mail, or facsimile machine
540 transmission to absent uniformed services voters and overseas
541 voters. The absent uniformed services voter or overseas voter
542 may designate in the vote-by-mail ballot request the preferred
543 method of transmission. If the voter does not designate the
544 method of transmission, the vote-by-mail ballot shall be mailed.
545 3. By personal delivery before 7 p.m. on election day to
546 the elector, upon presentation of the identification required in
547 s. 101.043.
548 4. By delivery to a designee on election day or up to 9 5
549 days prior to the day of an election. Any elector may designate
550 in writing a person to pick up the ballot for the elector;
551 however, the person designated may not pick up more than two
552 vote-by-mail ballots per election, other than the designee’s own
553 ballot, except that additional ballots may be picked up for
554 members of the designee’s immediate family. For purposes of this
555 section, “immediate family” means the designee’s spouse or the
556 parent, child, grandparent, or sibling of the designee or of the
557 designee’s spouse. The designee shall provide to the supervisor
558 the written authorization by the elector and a picture
559 identification of the designee and must complete an affidavit.
560 The designee shall state in the affidavit that the designee is
561 authorized by the elector to pick up that ballot and shall
562 indicate if the elector is a member of the designee’s immediate
563 family and, if so, the relationship. The department shall
564 prescribe the form of the affidavit. If the supervisor is
565 satisfied that the designee is authorized to pick up the ballot
566 and that the signature of the elector on the written
567 authorization matches the signature of the elector on file, the
568 supervisor shall give the ballot to that designee for delivery
569 to the elector.
570 5. Except as provided in s. 101.655, the supervisor may not
571 deliver a vote-by-mail ballot to an elector or an elector’s
572 immediate family member on the day of the election unless there
573 is an emergency, to the extent that the elector will be unable
574 to go to his or her assigned polling place. If a vote-by-mail
575 ballot is delivered, the elector or his or her designee shall
576 execute an affidavit affirming to the facts which allow for
577 delivery of the vote-by-mail ballot. The department shall adopt
578 a rule providing for the form of the affidavit.
579 Section 14. Subsection (1) of section 101.64, Florida
580 Statutes, is amended, and subsection (5) is added to that
581 section, to read:
582 101.64 Delivery of vote-by-mail ballots; envelopes; form.—
583 (1) The supervisor shall enclose with each vote-by-mail
584 ballot two envelopes: a secrecy envelope, into which the absent
585 elector shall enclose his or her marked ballot; and a mailing
586 envelope, into which the absent elector shall then place the
587 secrecy envelope, which shall be addressed to the supervisor and
588 also bear on the back side a certificate in substantially the
589 following form:
590 Note: Please Read Instructions Carefully Before
591 Marking Ballot and Completing Voter’s Certificate.
592 VOTER’S CERTIFICATE
593 I, ...., do solemnly swear or affirm that I am a qualified
594 and registered voter of .... County, Florida, and that I have
595 not and will not vote more than one ballot in this election. I
596 understand that if I commit or attempt to commit any fraud in
597 connection with voting, vote a fraudulent ballot, or vote more
598 than once in an election, I can be convicted of a felony of the
599 third degree and fined up to $5,000 and/or imprisoned for up to
600 5 years. I also understand that failure to sign this certificate
601 will invalidate my ballot.
602
603 ...(Date)... ...(Voter’s Signature)...
604 ...(E-Mail Address)... ...(Home Telephone Number)...
605 ...(Mobile Telephone Number)...
606 (5) The secrecy envelope must include, in bold font,
607 substantially the following message:
608
609 IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR SUPERVISOR
610 OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 P.M. ON ELECTION DAY.
611 IF YOU WAIT TO MAIL YOUR BALLOT, YOUR VOTE MIGHT NOT COUNT. TO
612 PREVENT THIS FROM OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT
613 AS SOON AS POSSIBLE.
614 Section 15. Section 101.65, Florida Statutes, is amended to
615 read:
616 101.65 Instructions to absent electors.—The supervisor
617 shall enclose with each vote-by-mail ballot separate printed
618 instructions in substantially the following form; however, where
619 the instructions appear in capitalized text, the text of the
620 printed instructions must be in bold font:
621 READ THESE INSTRUCTIONS CAREFULLY
622 BEFORE MARKING BALLOT.
623 1. VERY IMPORTANT. In order to ensure that your vote-by
624 mail ballot will be counted, it should be completed and returned
625 as soon as possible so that it can reach the supervisor of
626 elections of the county in which your precinct is located no
627 later than 7 p.m. on the day of the election. However, if you
628 are an overseas voter casting a ballot in a presidential
629 preference primary or general election, your vote-by-mail ballot
630 must be postmarked or dated no later than the date of the
631 election and received by the supervisor of elections of the
632 county in which you are registered to vote no later than 10 days
633 after the date of the election. Note that the later you return
634 your ballot, the less time you will have to cure any signature
635 deficiencies, which is authorized until 5 p.m. on the 2nd day
636 after the election.
637 2. Mark your ballot in secret as instructed on the ballot.
638 You must mark your own ballot unless you are unable to do so
639 because of blindness, disability, or inability to read or write.
640 3. Mark only the number of candidates or issue choices for
641 a race as indicated on the ballot. If you are allowed to “Vote
642 for One” candidate and you vote for more than one candidate,
643 your vote in that race will not be counted.
644 4. Place your marked ballot in the enclosed secrecy
645 envelope.
646 5. Insert the secrecy envelope into the enclosed mailing
647 envelope which is addressed to the supervisor.
648 6. Seal the mailing envelope and completely fill out the
649 Voter’s Certificate on the back of the mailing envelope.
650 7. VERY IMPORTANT. In order for your vote-by-mail ballot to
651 be counted, you must sign your name on the line above (Voter’s
652 Signature). A vote-by-mail ballot will be considered illegal and
653 not be counted if the signature on the voter’s certificate does
654 not match the signature on record. The signature on file at the
655 time the supervisor of elections in the county in which your
656 precinct is located receives your vote-by-mail ballot start of
657 the canvass of the vote-by-mail ballots is the signature that
658 will be used to verify your signature on the voter’s
659 certificate. If you need to update your signature for this
660 election, send your signature update on a voter registration
661 application to your supervisor of elections so that it is
662 received before your vote-by-mail ballot is received no later
663 than the start of the canvassing of vote-by-mail ballots, which
664 occurs no earlier than the 15th day before election day.
665 8. VERY IMPORTANT. If you are an overseas voter, you must
666 include the date you signed the Voter’s Certificate on the line
667 above (Date) or your ballot may not be counted.
668 9. Mail, deliver, or have delivered the completed mailing
669 envelope. Be sure there is sufficient postage if mailed. THE
670 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
671 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
672 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX,
673 AVAILABLE AT EACH EARLY VOTING LOCATION.
674 10. FELONY NOTICE. It is a felony under Florida law to
675 accept any gift, payment, or gratuity in exchange for your vote
676 for a candidate. It is also a felony under Florida law to vote
677 in an election using a false identity or false address, or under
678 any other circumstances making your ballot false or fraudulent.
679 Section 16. Subsection (2) of section 101.657, Florida
680 Statutes, is amended to read:
681 101.657 Early voting.—
682 (2) During any early voting period, each supervisor of
683 elections shall make available the total number of voters
684 casting a ballot at each early voting location and the total
685 number of vote-by-mail ballots received under s. 101.69(2)
686 during the previous day. Each supervisor shall prepare an
687 electronic data file listing the individual voters who cast a
688 ballot during the early voting period. This information shall be
689 provided in electronic format as provided by rule adopted by the
690 division. The information shall be updated and made available no
691 later than noon of each day and shall be contemporaneously
692 provided to the division.
693 Section 17. Paragraphs (a) and (c) of subsection (2) and
694 subsection (4) of section 101.68, Florida Statutes, are amended
695 to read:
696 101.68 Canvassing of vote-by-mail ballot.—
697 (2)(a) The county canvassing board may begin the canvassing
698 of vote-by-mail ballots at 7 a.m. on the 22nd 15th day before
699 the election, but not later than noon on the day following the
700 election. In addition, for any county using electronic
701 tabulating equipment, the processing of vote-by-mail ballots
702 through such tabulating equipment may begin at 7 a.m. on the
703 22nd 15th day before the election. However, notwithstanding any
704 such authorization to begin canvassing or otherwise processing
705 vote-by-mail ballots early, no result shall be released until
706 after the closing of the polls in that county on election day.
707 Any supervisor of elections, deputy supervisor of elections,
708 canvassing board member, election board member, or election
709 employee who releases the results of a canvassing or processing
710 of vote-by-mail ballots prior to the closing of the polls in
711 that county on election day commits a felony of the third
712 degree, punishable as provided in s. 775.082, s. 775.083, or s.
713 775.084.
714 (c)1. The canvassing board must, if the supervisor has not
715 already done so, compare the signature of the elector on the
716 voter’s certificate or on the vote-by-mail ballot cure affidavit
717 as provided in subsection (4) with the signature of the elector
718 in the registration books or the precinct register to see that
719 the elector is duly registered in the county and to determine
720 the legality of that vote-by-mail ballot. A vote-by-mail ballot
721 may only be counted if:
722 a. The signature on the voter’s certificate or the cure
723 affidavit matches the elector’s signature in the registration
724 books or precinct register; however, in the case of a cure
725 affidavit, the supporting identification listed in subsection
726 (4) must also confirm the identity of the elector; or
727 b. The cure affidavit contains a signature that does not
728 match the elector’s signature in the registration books or
729 precinct register, but the elector has submitted a current and
730 valid Tier 1 identification pursuant to subsection (4) which
731 confirms the identity of the elector.
732
733 For purposes of this subparagraph, any canvassing board finding
734 that an elector’s signatures do not match must be by majority
735 vote and beyond a reasonable doubt.
736 2. The ballot of an elector who casts a vote-by-mail ballot
737 shall be counted even if the elector dies on or before election
738 day, as long as, before the death of the voter, the ballot was
739 postmarked by the United States Postal Service, date-stamped
740 with a verifiable tracking number by a common carrier, or
741 already in the possession of the supervisor of elections.
742 3. A vote-by-mail ballot is not considered illegal if the
743 signature of the elector does not cross the seal of the mailing
744 envelope.
745 4. If any elector or candidate present believes that a
746 vote-by-mail ballot is illegal due to a defect apparent on the
747 voter’s certificate or the cure affidavit, he or she may, at any
748 time before the ballot is removed from the envelope, file with
749 the canvassing board a protest against the canvass of that
750 ballot, specifying the precinct, the ballot, and the reason he
751 or she believes the ballot to be illegal. A challenge based upon
752 a defect in the voter’s certificate or cure affidavit may not be
753 accepted after the ballot has been removed from the mailing
754 envelope.
755 5. If the canvassing board determines that a ballot is
756 illegal, a member of the board must, without opening the
757 envelope, mark across the face of the envelope: “rejected as
758 illegal.” The cure affidavit, if applicable, the envelope, and
759 the ballot therein shall be preserved in the manner that
760 official ballots are preserved.
761 (4)(a) As soon as practicable, the supervisor shall, on
762 behalf of the county canvassing board, attempt to immediately
763 notify an elector who has returned a vote-by-mail ballot that
764 does not include the elector’s signature or contains a signature
765 that does not match the elector’s signature in the registration
766 books or precinct register by:
767 1. Notifying the elector of the signature deficiency by e
768 mail and directing the elector to the cure affidavit and
769 instructions on the supervisor’s website;
770 2. Notifying the elector of the signature deficiency by
771 text message and directing the elector to the cure affidavit and
772 instructions on the supervisor’s website; or
773 3. Notifying the elector of the signature deficiency by
774 telephone and directing the elector to the cure affidavit and
775 instructions on the supervisor’s website.
776
777 In addition to the notification required under subparagraph 1.,
778 subparagraph 2., or subparagraph 3., the supervisor must notify
779 the elector of the signature deficiency by first-class mail and
780 direct the elector to the cure affidavit and instructions on the
781 supervisor’s website. Beginning the day before the election, the
782 supervisor is not required to provide notice of the signature
783 deficiency by first-class mail, but shall continue to provide
784 notice as required under subparagraph 1., subparagraph 2., or
785 subparagraph 3.
786 (b) The supervisor shall allow such an elector to complete
787 and submit an affidavit in order to cure the vote-by-mail ballot
788 until 5 p.m. on the 2nd day after before the election.
789 (c)(b) The elector must complete a cure affidavit in
790 substantially the following form:
791 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT
792 I, ...., am a qualified voter in this election and
793 registered voter of .... County, Florida. I do solemnly swear or
794 affirm that I requested and returned the vote-by-mail ballot and
795 that I have not and will not vote more than one ballot in this
796 election. I understand that if I commit or attempt any fraud in
797 connection with voting, vote a fraudulent ballot, or vote more
798 than once in an election, I may be convicted of a felony of the
799 third degree and fined up to $5,000 and imprisoned for up to 5
800 years. I understand that my failure to sign this affidavit means
801 that my vote-by-mail ballot will be invalidated.
802 ...(Voter’s Signature)...
803 ...(Address)...
804 (d)(c) Instructions must accompany the cure affidavit in
805 substantially the following form:
806 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
807 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
808 BALLOT NOT TO COUNT.
809 1. In order to ensure that your vote-by-mail ballot will be
810 counted, your affidavit should be completed and returned as soon
811 as possible so that it can reach the supervisor of elections of
812 the county in which your precinct is located no later than 5
813 p.m. on the 2nd day after before the election.
814 2. You must sign your name on the line above (Voter’s
815 Signature).
816 3. You must make a copy of one of the following forms of
817 identification:
818 a. Tier 1 identification.—Current and valid identification
819 that includes your name and photograph: Florida driver license;
820 Florida identification card issued by the Department of Highway
821 Safety and Motor Vehicles; United States passport; debit or
822 credit card; military identification; student identification;
823 retirement center identification; neighborhood association
824 identification; public assistance identification; veteran health
825 identification card issued by the United States Department of
826 Veterans Affairs; a Florida license to carry a concealed weapon
827 or firearm; or an employee identification card issued by any
828 branch, department, agency, or entity of the Federal Government,
829 the state, a county, or a municipality; or
830 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
831 FORM OF IDENTIFICATION, identification that shows your name and
832 current residence address: current utility bill, bank statement,
833 government check, paycheck, or government document (excluding
834 voter information identification card).
835 4. Place the envelope bearing the affidavit into a mailing
836 envelope addressed to the supervisor. Insert a copy of your
837 identification in the mailing envelope. Mail (if time permits),
838 deliver, or have delivered the completed affidavit along with
839 the copy of your identification to your county supervisor of
840 elections. Be sure there is sufficient postage if mailed and
841 that the supervisor’s address is correct. Remember, your
842 information MUST reach your county supervisor of elections no
843 later than 5 p.m. on the 2nd day after the election, or your
844 ballot will not count.
845 5. Alternatively, you may fax or e-mail your completed
846 affidavit and a copy of your identification to the supervisor of
847 elections. If e-mailing, please provide these documents as
848 attachments.
849 (e)(d) The department and each supervisor shall include the
850 affidavit and instructions on their respective websites. The
851 supervisor must include his or her office’s mailing address, e
852 mail address, and fax number on the page containing the
853 affidavit instructions, and; the department’s instruction page
854 must include the office mailing addresses, e-mail addresses, and
855 fax numbers of all supervisors of elections or provide a
856 conspicuous link to such addresses.
857 (f)(e) The supervisor shall attach each affidavit received
858 to the appropriate vote-by-mail ballot mailing envelope.
859 (g)(f) If a vote-by-mail ballot is validated following the
860 submission of a cure affidavit, the supervisor shall make a copy
861 of the affidavit, affix it to a voter registration application,
862 and immediately process it as a valid request for a signature
863 update pursuant to s. 98.077.
864 (h) After all election results on the ballot have been
865 certified, the supervisor shall, on behalf of the county
866 canvassing board, notify each elector whose ballot has been
867 rejected as illegal and provide the specific reason the ballot
868 was rejected. In addition, unless processed as a signature
869 update pursuant to paragraph (g), the supervisor shall mail a
870 voter registration application to the elector to be completed
871 indicating the elector’s current signature if the signature on
872 the voter’s certificate or cure affidavit did not match the
873 elector’s signature in the registration books or precinct
874 register. This section does not prohibit the supervisor from
875 providing additional methods for updating an elector’s
876 signature.
877 Section 18. Section 101.69, Florida Statutes, is amended to
878 read:
879 101.69 Voting in person; return of vote-by-mail ballot.—
880 (1) The provisions of this code shall not be construed to
881 prohibit any elector from voting in person at the elector’s
882 precinct on the day of an election or at an early voting site,
883 notwithstanding that the elector has requested a vote-by-mail
884 ballot for that election. An elector who has returned a voted
885 vote-by-mail ballot to the supervisor, however, is deemed to
886 have cast his or her ballot and is not entitled to vote another
887 ballot or to have a provisional ballot counted by the county
888 canvassing board. An elector who has received a vote-by-mail
889 ballot and has not returned the voted ballot to the supervisor,
890 but desires to vote in person, shall return the ballot, whether
891 voted or not, to the election board in the elector’s precinct or
892 to an early voting site. The returned ballot shall be marked
893 “canceled” by the board and placed with other canceled ballots.
894 However, if the elector does not return the ballot and the
895 election official:
896 (a)(1) Confirms that the supervisor has received the
897 elector’s vote-by-mail ballot, the elector shall not be allowed
898 to vote in person. If the elector maintains that he or she has
899 not returned the vote-by-mail ballot or remains eligible to
900 vote, the elector shall be provided a provisional ballot as
901 provided in s. 101.048.
902 (b)(2) Confirms that the supervisor has not received the
903 elector’s vote-by-mail ballot, the elector shall be allowed to
904 vote in person as provided in this code. The elector’s vote-by
905 mail ballot, if subsequently received, shall not be counted and
906 shall remain in the mailing envelope, and the envelope shall be
907 marked “Rejected as Illegal.”
908 (c)(3) Cannot determine whether the supervisor has received
909 the elector’s vote-by-mail ballot, the elector may vote a
910 provisional ballot as provided in s. 101.048.
911 (2) The supervisor shall allow an elector who has received
912 a vote-by-mail ballot to physically return a voted vote-by-mail
913 ballot to the supervisor by placing the envelope containing his
914 or her marked ballot in a secure drop box. Secure drop boxes
915 shall only be placed at the main office of the supervisor, at
916 each branch office of the supervisor, and at each early voting
917 site.
918 Section 19. Subsection (2) of section 101.6923, Florida
919 Statutes, is amended to read:
920 101.6923 Special vote-by-mail ballot instructions for
921 certain first-time voters.—
922 (2) A voter covered by this section shall be provided with
923 printed instructions with his or her vote-by-mail ballot in
924 substantially the following form:
925 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
926 FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
927 TO COUNT.
928 1. In order to ensure that your vote-by-mail ballot will be
929 counted, it should be completed and returned as soon as possible
930 so that it can reach the supervisor of elections of the county
931 in which your precinct is located no later than 7 p.m. on the
932 date of the election. However, if you are an overseas voter
933 casting a ballot in a presidential preference primary or general
934 election, your vote-by-mail ballot must be postmarked or dated
935 no later than the date of the election and received by the
936 supervisor of elections of the county in which you are
937 registered to vote no later than 10 days after the date of the
938 election.
939 2. Mark your ballot in secret as instructed on the ballot.
940 You must mark your own ballot unless you are unable to do so
941 because of blindness, disability, or inability to read or write.
942 3. Mark only the number of candidates or issue choices for
943 a race as indicated on the ballot. If you are allowed to “Vote
944 for One” candidate and you vote for more than one, your vote in
945 that race will not be counted.
946 4. Place your marked ballot in the enclosed secrecy
947 envelope and seal the envelope.
948 5. Insert the secrecy envelope into the enclosed envelope
949 bearing the Voter’s Certificate. Seal the envelope and
950 completely fill out the Voter’s Certificate on the back of the
951 envelope.
952 a. You must sign your name on the line above (Voter’s
953 Signature).
954 b. If you are an overseas voter, you must include the date
955 you signed the Voter’s Certificate on the line above (Date) or
956 your ballot may not be counted.
957 c. A vote-by-mail ballot will be considered illegal and
958 will not be counted if the signature on the Voter’s Certificate
959 does not match the signature on record. The signature on file at
960 the start of the canvass of the vote-by-mail ballots is the
961 signature that will be used to verify your signature on the
962 Voter’s Certificate. If you need to update your signature for
963 this election, send your signature update on a voter
964 registration application to your supervisor of elections so that
965 it is received before your vote-by-mail ballot is received no
966 later than the start of canvassing of vote-by-mail ballots,
967 which occurs no earlier than the 15th day before election day.
968 6. Unless you meet one of the exemptions in Item 7., you
969 must make a copy of one of the following forms of
970 identification:
971 a. Identification which must include your name and
972 photograph: United States passport; debit or credit card;
973 military identification; student identification; retirement
974 center identification; neighborhood association identification;
975 public assistance identification; veteran health identification
976 card issued by the United States Department of Veterans Affairs;
977 a Florida license to carry a concealed weapon or firearm; or an
978 employee identification card issued by any branch, department,
979 agency, or entity of the Federal Government, the state, a
980 county, or a municipality; or
981 b. Identification which shows your name and current
982 residence address: current utility bill, bank statement,
983 government check, paycheck, or government document (excluding
984 voter information identification card).
985 7. The identification requirements of Item 6. do not apply
986 if you meet one of the following requirements:
987 a. You are 65 years of age or older.
988 b. You have a temporary or permanent physical disability.
989 c. You are a member of a uniformed service on active duty
990 who, by reason of such active duty, will be absent from the
991 county on election day.
992 d. You are a member of the Merchant Marine who, by reason
993 of service in the Merchant Marine, will be absent from the
994 county on election day.
995 e. You are the spouse or dependent of a member referred to
996 in paragraph c. or paragraph d. who, by reason of the active
997 duty or service of the member, will be absent from the county on
998 election day.
999 f. You are currently residing outside the United States.
1000 8. Place the envelope bearing the Voter’s Certificate into
1001 the mailing envelope addressed to the supervisor. Insert a copy
1002 of your identification in the mailing envelope. DO NOT PUT YOUR
1003 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1004 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
1005 BALLOT WILL NOT COUNT.
1006 9. Mail, deliver, or have delivered the completed mailing
1007 envelope. Be sure there is sufficient postage if mailed.
1008 10. FELONY NOTICE. It is a felony under Florida law to
1009 accept any gift, payment, or gratuity in exchange for your vote
1010 for a candidate. It is also a felony under Florida law to vote
1011 in an election using a false identity or false address, or under
1012 any other circumstances making your ballot false or fraudulent.
1013 Section 20. Paragraph (a) of subsection (4) and subsection
1014 (5) of section 102.031, Florida Statutes, are amended to read:
1015 102.031 Maintenance of good order at polls; authorities;
1016 persons allowed in polling rooms and early voting areas;
1017 unlawful solicitation of voters.—
1018 (4)(a) No person, political committee, or other group or
1019 organization may solicit voters inside the polling place or
1020 within 150 100 feet of the entrance to any polling place, a
1021 polling room where the polling place is also a polling room, an
1022 early voting site, or an office of the supervisor of elections
1023 where vote-by-mail ballots are requested and printed on demand
1024 for the convenience of electors who appear in person to request
1025 them. Before the opening of the polling place or early voting
1026 site, the clerk or supervisor shall designate the no
1027 solicitation zone and mark the boundaries.
1028 (5) No photography is permitted in the polling room or
1029 early voting area, except an elector may photograph his or her
1030 own ballot.
1031 Section 21. Present subsections (9) and (10) of section
1032 102.141, Florida Statutes, are renumbered as subsections (10)
1033 and (11), respectively, subsection (2) of that section is
1034 amended, and a new subsection (9) is added to that section, to
1035 read:
1036 102.141 County canvassing board; duties.—
1037 (2)(a) The county canvassing board shall meet in a building
1038 accessible to the public in the county where the election
1039 occurred at a time and place to be designated by the supervisor
1040 of elections to publicly canvass the absent electors’ ballots as
1041 provided for in s. 101.68 and provisional ballots as provided by
1042 ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
1043 pursuant to s. 101.049 shall be canvassed in a manner that votes
1044 for candidates and issues on those ballots can be segregated
1045 from other votes. Public notice of the time and place at which
1046 the county canvassing board shall meet to canvass the absent
1047 electors’ ballots and provisional ballots shall be given at
1048 least 48 hours prior thereto by publication on the supervisor of
1049 elections’ website and once in one or more newspapers of general
1050 circulation in the county or, if there is no newspaper of
1051 general circulation in the county, by posting such notice in at
1052 least four conspicuous places in the county. As soon as the
1053 absent electors’ ballots and the provisional ballots are
1054 canvassed, the board shall proceed to publicly canvass the vote
1055 given each candidate, nominee, constitutional amendment, or
1056 other measure submitted to the electorate of the county, as
1057 shown by the returns then on file in the office of the
1058 supervisor of elections.
1059 (b) Public notice of the time and place at which the county
1060 canvassing board shall meet to canvass the absent electors’
1061 ballots and provisional ballots must be given at least 48 hours
1062 prior thereto by publication on the supervisor’s website and
1063 published in one or more newspapers of general circulation in
1064 the county or, if there is no newspaper of general circulation
1065 in the county, by posting such notice in at least four
1066 conspicuous places in the county. The time given in the notice
1067 as to the convening of the meeting of the county canvassing
1068 board must be specific and may not be a time period during which
1069 the board may meet.
1070 (c) If the county canvassing board suspends or recesses a
1071 meeting publicly noticed pursuant to paragraph (b) for a period
1072 lasting more than 60 minutes, the board must post on the
1073 supervisor’s website the anticipated time at which the board
1074 expects to reconvene. If the county canvassing board does not
1075 reconvene at the specified time, the board must provide at least
1076 2 hours’ notice, which must be posted on the supervisor’s
1077 website, before reconvening.
1078 (d) During any meeting of the county canvassing board, a
1079 physical notice must be placed in a conspicuous area near the
1080 public entrance to the building in which the meeting is taking
1081 place. The physical notice must include the names of the
1082 individuals officially serving as the county canvassing board,
1083 the names of any alternate members, the time of the meeting, and
1084 a brief statement as to the anticipated activities of the county
1085 canvassing board.
1086 (9) Each member, substitute member, and alternate member of
1087 the county canvassing board and all clerical help must wear
1088 identification badges during any period in which the county
1089 canvassing board is canvassing votes or engaging in other
1090 official duties. The identification badges should be worn in a
1091 conspicuous and unobstructed area, and include the name of the
1092 individual and his or her official position.
1093 Section 22. Subsection (2) and paragraph (b) of subsection
1094 (4) of section 102.166, Florida Statutes, are amended to read:
1095 102.166 Manual recounts of overvotes and undervotes.—
1096 (2)(a) Any hardware or software used to identify and sort
1097 overvotes and undervotes for a given race or ballot measure must
1098 be certified by the Department of State as part of the voting
1099 system pursuant to s. 101.015. Any such hardware or software
1100 must be capable of simultaneously identifying and sorting
1101 overvotes and undervotes in multiple races while simultaneously
1102 counting votes.
1103 (b) Overvotes and undervotes must shall be identified and
1104 sorted while recounting ballots pursuant to s. 102.141, if the
1105 hardware or software for this purpose has been certified or the
1106 department’s rules so provide.
1107 (4)
1108 (b) The Department of State shall adopt specific rules for
1109 the federal write-in absentee ballot and for each certified
1110 voting system prescribing what constitutes a “clear indication
1111 on the ballot that the voter has made a definite choice.” The
1112 rules shall be consistent, to the extent practicable, and may
1113 not:
1114 1. Authorize the use of any electronic or electromechanical
1115 reading device to review a hybrid voting system ballot that is
1116 produced using a voter interface device and that contains both
1117 machine-readable fields and machine-printed text of the contest
1118 titles and voter selections, unless the printed text is
1119 illegible;
1120 2. Exclusively provide that the voter must properly mark or
1121 designate his or her choice on the ballot; or
1122 3.2. Contain a catch-all provision that fails to identify
1123 specific standards, such as “any other mark or indication
1124 clearly indicating that the voter has made a definite choice.”
1125 Section 23. Subsection (8) of section 102.168, Florida
1126 Statutes, is amended to read:
1127 102.168 Contest of election.—
1128 (8) In any contest that requires a review of the canvassing
1129 board’s decision on the legality of a provisional or vote-by
1130 mail ballot pursuant to s. 101.048 or s. 101.68 based upon a
1131 comparison of the signature of the elector in the registration
1132 records with the signature on the provisional or vote-by-mail
1133 voter’s certificate or the provisional or vote-by-mail cure
1134 affidavit and the signature of the elector in the registration
1135 records, the circuit court may not review or consider any
1136 evidence other than the signature of the elector in the
1137 registration records, the signature on the respective voter’s
1138 certificate or cure affidavit, and any supporting identification
1139 that the elector submitted with the cure affidavit and the
1140 signature of the elector in the registration records. The
1141 court’s review of such issue shall be to determine only if the
1142 canvassing board abused its discretion in making its decision.
1143 Section 24. Subsection (5) is added to section 104.051,
1144 Florida Statutes, to read:
1145 104.051 Violations; neglect of duty; corrupt practices.—
1146 (5) Any supervisor who willfully violates any provision of
1147 the Florida Election Code is, upon a finding of such violation
1148 by a court of competent jurisdiction, prohibited from receiving
1149 the special qualification salary pursuant to s. 145.09(3) for a
1150 period of 24 months, dating from the time of the violation.
1151 Section 25. Except as otherwise expressly provided in this
1152 act, this act shall take effect July 1, 2019.