Florida Senate - 2020 SB 1782
By Senator Gainer
2-01622A-20 20201782__
1 A bill to be entitled
2 An act relating to super voting sites; creating s.
3 101.0011, F.S.; authorizing the designation and
4 establishment of super voting sites by the supervisor
5 of elections if certain conditions are met; specifying
6 application of other provisions of the Florida
7 Election Code to the administration of super voting
8 sites; requiring the supervisor of elections to track
9 ballots cast at such sites according to the voter’s
10 precinct; authorizing the supervisor to recommend to
11 the board of county commissioners certain sites as
12 super voting site locations; requiring super voting
13 sites to meet certain criteria; requiring the
14 supervisor to designate super voting sites by a
15 specified date before an election; requiring the
16 supervisor to provide a super voting site plan to the
17 Division of Elections by a specified date; requiring
18 the division to approve or deny the proposed plan
19 within a specified timeframe; specifying the timeframe
20 and hours of operation for super voting sites;
21 requiring super voting sites to allow a person in line
22 at the time of closing to vote; authorizing
23 municipalities and special districts to provide voting
24 at super voting sites in certain elections; requiring
25 the supervisor to make certain voter data available;
26 requiring the supervisor to provide such data in a
27 specified manner to the division; specifying that a
28 vote cast at a super voting site must be counted even
29 if an elector dies on or before election day;
30 requiring an elector voting at a super voting site to
31 provide identification and complete a voter
32 certificate; prescribing the form of the certificate;
33 specifying applicability of provisions governing voter
34 challenges and the canvass of returns; amending ss.
35 97.021, 98.0981, 100.032, 101.001, and 101.015, F.S.;
36 conforming provisions to changes made by the act;
37 amending s. 101.051, F.S.; expanding the no
38 solicitation zone surrounding the entrance to voting
39 sites; conforming provisions to changes made by the
40 act; amending ss. 101.131, 101.151, 101.49, 101.5612,
41 101.591, 101.657, 101.69, 101.71, 102.031, and
42 102.141, F.S.; conforming provisions to changes made
43 by the act; providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Section 101.0011, Florida Statutes, is created
48 to read:
49 101.0011 Super voting sites.—
50 (1)(a) Upon the recommendation of the supervisor of
51 elections and approval by the board of county commissioners, the
52 supervisor may designate and establish one or more super voting
53 sites in the county at which any voter registered in the county
54 may vote. Any super voting site created pursuant to this section
55 may not be changed without the consent of the supervisor and a
56 majority of the members of the board of county commissioners.
57 Any super voting site established in accordance with this
58 section is otherwise considered a polling place subject to s.
59 101.71, except that a super voting site may be independent of
60 and dissociated from any precinct created by the county. If a
61 supervisor elects to designate and create one or more super
62 voting sites pursuant to this section, the supervisor is not
63 required to provide early voting in accordance with s. 101.657,
64 and any determinations, processes, or procedures adopted or
65 employed by the supervisor for the administration of early
66 voting are superseded by the requirements of this section. Any
67 requirements and authorizations in s. 101.001 which do not
68 conflict with this section shall otherwise continue to apply to
69 a county that elects to establish super voting sites.
70 (b) The supervisor shall mark, code, indicate on, or
71 otherwise track the voter’s precinct for each ballot cast at a
72 super voting site. The results or tabulation of votes cast at a
73 super voting site may not be made before the close of the polls
74 on election day. Official results must be reported by precinct.
75 (c) The supervisor shall recommend to the board of county
76 commissioners one or more locations within the county as a super
77 voting site. In order to be designated and established as a
78 super voting site, the site must be geographically located so as
79 to provide all voters in the county an equal opportunity to cast
80 a ballot, insofar as is practicable, and must provide sufficient
81 nonpermitted parking to accommodate the anticipated number of
82 voters. The geographic location of super voting sites must be
83 based upon demographics and the distribution of registered
84 voters within the county.
85 (d) The supervisor shall designate and establish any super
86 voting site by no later than the 30th day before an election.
87 The supervisor shall provide to the division no later than the
88 30th day before an election the county’s plan for use of super
89 voting sites, which must include an acknowledgement that the
90 board of county commissioners has elected to approve such super
91 voting sites, the address or addresses of the super voting site
92 or sites, and the hours that voting will occur at each site. The
93 division must determine whether the county’s plan complies with
94 the requirements of this subsection and approve or deny the plan
95 within 5 business days after its receipt of the plan, as
96 submitted by the supervisor.
97 (e) Voting at super voting sites shall begin on the 10th
98 day before an election that contains state or federal races and
99 end on election day. Each super voting site must be open for at
100 least 8 hours, but no more than 12 hours, per day during the
101 applicable period, except the site must be open for 12 hours on
102 election day. In addition, voting at super voting sites may be
103 offered at the discretion of the supervisor on the 15th, 14th,
104 13th, 12th, or 11th day before an election that contains state
105 or federal races for at least 8 hours per day, but no more than
106 12 hours per day. The supervisor may provide voting at super
107 voting sites for elections that are not held in conjunction with
108 a state or federal election. However, the supervisor has the
109 discretion to determine the hours of operation of super voting
110 sites in those elections. All super voting sites in a county
111 shall allow any person in line at the closing of a super voting
112 site to vote.
113 (f) Notwithstanding the requirements of s. 100.3605,
114 municipalities may provide voting at super voting sites in
115 municipal elections that are not held in conjunction with county
116 or state elections. If a municipality provides voting at super
117 voting sites, it may designate as many sites as necessary and
118 must conduct its activities in accordance with the provisions of
119 paragraphs (a)-(e).
120 (g) Notwithstanding the requirements of s. 189.04, special
121 districts may provide voting at super voting sites in any
122 district election not held in conjunction with county or state
123 elections. If a special district provides voting at super voting
124 sites, it may designate as many sites as necessary and shall
125 conduct its activities in accordance with the provisions of
126 paragraphs (a)-(e).
127 (2) During the time period in which a county operates a
128 super voting site, each supervisor shall make available the
129 total number of voters casting a ballot at each super voting
130 site during the previous day. Each supervisor shall prepare an
131 electronic data file listing the individual voters who cast a
132 ballot at each super voting site during the voting period before
133 election day. This information must be provided in electronic
134 format as provided by rule adopted by the division. The
135 information must be updated and made available no later than
136 noon of each day and contemporaneously provided to the division.
137 (3) The ballot of each elector voting at a super voting
138 site must be counted even if the elector dies on or before
139 election day.
140 (4)(a) The elector must provide identification and must
141 complete a voter certificate in substantially the following
142 form:
143
144 VOTER CERTIFICATE
145
146 I, ...., am a qualified elector in this election and registered
147 voter of .... County, Florida. I do solemnly swear or affirm
148 that I am the person so listed on the voter registration rolls
149 of .... County and that I reside at the listed address. I
150 understand that if I commit or attempt to commit fraud in
151 connection with voting, vote a fraudulent ballot, or vote more
152 than once in an election, I could be convicted of a felony of
153 the third degree and both fined up to $5,000 and imprisoned for
154 up to 5 years. I understand that my failure to sign this
155 certificate invalidates my ballot.
156
157 ...(Voter’s Signature)...
158 ...(Address)...
159 ...(City/State)...
160
161 (b) Any elector may challenge an elector seeking to vote at
162 a super voting site under the provisions of s. 101.111. Any
163 challenged voter must vote a provisional ballot. The canvassing
164 board shall review the ballot and decide the validity of the
165 ballot by majority vote.
166 (c) The canvassing of returns for ballots cast under this
167 subsection shall be substantially the same as for votes cast by
168 electors in precincts, as provided in s. 101.5614.
169 Section 2. Subsection (29) of section 97.021, Florida
170 Statutes, is amended to read:
171 97.021 Definitions.—For the purposes of this code, except
172 where the context clearly indicates otherwise, the term:
173 (29) “Polling room” means the actual room in which ballots
174 are cast on election day and during early voting or the period
175 in which super voting sites are open.
176 Section 3. Paragraphs (b) and (d) of subsection (1) and
177 paragraph (a) of subsection (2) of section 98.0981, Florida
178 Statutes, are amended to read:
179 98.0981 Reports; voting history; statewide voter
180 registration system information; precinct-level election
181 results; book closing statistics.—
182 (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
183 INFORMATION.—
184 (b) After receipt of the information in paragraph (a), the
185 department shall prepare a report in electronic format which
186 contains the following information, separately compiled for the
187 primary and general election for all voters qualified to vote in
188 either election:
189 1. The unique identifier assigned to each qualified voter
190 within the statewide voter registration system;
191 2. All information provided by each qualified voter on his
192 or her voter registration application pursuant to s. 97.052(2),
193 except that which is confidential or exempt from public records
194 requirements;
195 3. Each qualified voter’s date of registration;
196 4. Each qualified voter’s current state representative
197 district, state senatorial district, and congressional district,
198 assigned by the supervisor of elections;
199 5. Each qualified voter’s current precinct; and
200 6. Voting history as transmitted under paragraph (a) to
201 include whether the qualified voter voted at a precinct
202 location, voted at a super voting site, voted during the early
203 voting period, voted by vote-by-mail ballot, attempted to vote
204 by vote-by-mail ballot that was not counted, attempted to vote
205 by provisional ballot that was not counted, or did not vote.
206 (d) File specifications are as follows:
207 1. The file must shall contain records designated by the
208 categories below for all qualified voters who, regardless of the
209 voter’s county of residence or active or inactive registration
210 status at the book closing for the corresponding election that
211 the file is being created for:
212 a. Voted a regular ballot at a precinct location.
213 b. Voted at a precinct location using a provisional ballot
214 that was subsequently counted.
215 c. Voted a regular ballot at a super voting site.
216 d. Voted at a super voting site using a provisional ballot
217 that was subsequently counted.
218 e. Voted a regular ballot during the early voting period.
219 f.d. Voted during the early voting period using a
220 provisional ballot that was subsequently counted.
221 g.e. Voted by vote-by-mail ballot.
222 h.f. Attempted to vote by vote-by-mail ballot, but the
223 ballot was not counted.
224 i.g. Attempted to vote by provisional ballot, but the
225 ballot was not counted in that election.
226 2. Each file must shall be created or converted into a tab
227 delimited format.
228 3. File names must shall adhere to the following
229 convention:
230 a. Three-character county identifier as established by the
231 department followed by an underscore.
232 b. Followed by four-character file type identifier of
233 “VHO3” followed by an underscore.
234 c. Followed by FVRS election ID followed by an underscore.
235 d. Followed by Date Created followed by an underscore.
236 e. Date format is YYYYMMDD.
237 f. Followed by Time Created - HHMMSS.
238 g. Followed by “.txt”.
239 4. Each record must shall contain the following columns:
240 Record Identifier, FVRS Voter ID Number, FVRS Election ID
241 Number, Vote Date, Vote History Code, Precinct, Congressional
242 District, House District, Senate District, County Commission
243 District, and School Board District.
244 (2) PRECINCT-LEVEL ELECTION RESULTS.—
245 (a) Within 30 days after certification by the Elections
246 Canvassing Commission of a presidential preference primary
247 election, special election, primary election, or general
248 election, the supervisors of elections shall collect and submit
249 to the department precinct-level election results for the
250 election in a uniform electronic format specified by paragraph
251 (c). The precinct-level election results shall be compiled
252 separately for the primary or special primary election that
253 preceded the general or special general election, respectively.
254 The results must shall specifically include for each precinct
255 the total of all ballots cast for each candidate or nominee to
256 fill a national, state, county, or district office or proposed
257 constitutional amendment, with subtotals for each candidate and
258 ballot type, unless fewer than 30 voters voted a ballot type.
259 “All ballots cast” means ballots cast by voters who cast a
260 ballot whether at a precinct location, a super voting site, by
261 vote-by-mail ballot including overseas vote-by-mail ballots,
262 during the early voting period, or during the period in which
263 super voting sites are open, if applicable, or by provisional
264 ballot.
265 Section 4. Section 100.032, Florida Statutes, is amended to
266 read:
267 100.032 Election preparation report; general election.—Each
268 supervisor of elections must post a report on his or her
269 official website at least 3 months before a general election
270 which outlines preparations for the upcoming general election.
271 The report must include, at a minimum, the following elements:
272 the anticipated staffing levels during the early voting period
273 or the period during which super voting sites are operating, on
274 election day and after election day; and the anticipated amount
275 of automatic tabulating equipment at each early voting site,
276 super voting site, and polling place.
277 Section 5. Subsection (1) of section 101.001, Florida
278 Statutes, is amended to read:
279 101.001 Precincts and polling places; boundaries.—
280 (1) The board of county commissioners in each county, upon
281 recommendation and approval of the supervisor, shall alter or
282 create precincts for voting in the county. Each precinct shall
283 be numbered and, as nearly as practicable, composed of
284 contiguous and compact areas. The supervisor shall designate a
285 polling place at a suitable location within each precinct unless
286 the county has opted to operate super voting sites in accordance
287 with s. 101.0011. The precinct shall not be changed thereafter
288 except with the consent of the supervisor and a majority of the
289 members of the board of county commissioners. The board of
290 county commissioners and the supervisor may have precinct
291 boundaries conform to municipal boundaries in accordance with
292 the provisions of s. 101.002, but, in any event, the
293 registration books shall be maintained in such a manner that
294 there may be determined therefrom the total number of electors
295 in each municipality.
296 Section 6. Paragraph (b) of subsection (4) of section
297 101.015, Florida Statutes, is amended to read:
298 101.015 Standards for voting systems.—
299 (4)
300 (b)1. Each supervisor shall establish written procedures to
301 assure accuracy and security in his or her county, including
302 procedures related to early voting pursuant to s. 101.657 or
303 procedures related to super voting sites pursuant to s.
304 101.0011, if applicable. Such procedures shall be reviewed in
305 each odd-numbered year by the department.
306 2. Each supervisor shall submit any revisions to the
307 security procedures to the department at least 45 days before
308 early voting commences pursuant to s. 101.657 or super voting
309 sites open pursuant to s. 101.0011 in an election in which they
310 are to take effect.
311 Section 7. Subsections (2) and (5) of section 101.051,
312 Florida Statutes, are amended to read:
313 101.051 Electors seeking assistance in casting ballots;
314 oath to be executed; forms to be furnished.—
315 (2) It is unlawful for any person to be in the voting booth
316 with any elector except as provided in subsection (1). A person
317 at a polling place, super voting site, or early voting site, or
318 within 150 100 feet of the entrance of a polling place, super
319 voting site, or early voting site, may not solicit any elector
320 in an effort to provide assistance to vote pursuant to
321 subsection (1). Any person who violates this subsection commits
322 a misdemeanor of the first degree, punishable as provided in s.
323 775.082 or s. 775.083.
324 (5) If an elector needing assistance requests that a person
325 other than an election official provide him or her with
326 assistance in voting, the clerk or one of the inspectors shall
327 require the person providing assistance to take the following
328 oath:
329
330 DECLARATION TO PROVIDE ASSISTANCE
331
332 State of Florida
333 County of ....
334 Date ....
335 Precinct ....
336
337 I, ...(Print name)..., have been requested by ...(print
338 name of elector needing assistance)... to provide him or her
339 with assistance to vote. I swear or affirm that I am not the
340 employer, an agent of the employer, or an officer or agent of
341 the union of the voter and that I have not solicited this voter
342 at the polling place, super voting site, or early voting site or
343 within 150 100 feet of such locations in an effort to provide
344 assistance.
345
346 ...(Signature of assistor)...
347
348 Sworn and subscribed to before me this .... day of ....,
349 ...(year)....
350
351 ...(Signature of Official Administering Oath)...
352
353 Section 8. Section 101.131, Florida Statutes, is amended to
354 read:
355 101.131 Watchers at polls.—
356 (1) Each political party and each candidate may have one
357 watcher in each polling room or early voting area at any one
358 time during the election. A political committee formed for the
359 specific purpose of expressly advocating the passage or defeat
360 of an issue on the ballot may have one watcher for each polling
361 room or early voting area at any one time during the election. A
362 No watcher may not shall be permitted to come closer to the
363 officials’ table or the voting booths than is reasonably
364 necessary to properly perform his or her functions, but is each
365 shall be allowed within the polling room or early voting area to
366 watch and observe the conduct of electors and officials. The
367 poll watchers shall furnish their own materials and necessities
368 and may shall not obstruct the orderly conduct of any election.
369 The poll watchers shall pose any questions regarding polling
370 place procedures directly to the clerk for resolution. They may
371 not interact with voters. Each poll watcher shall be a qualified
372 and registered elector of the county in which he or she serves.
373 (2) Each party, each political committee, and each
374 candidate requesting to have poll watchers shall designate, in
375 writing to the supervisors of elections, on a form prescribed by
376 the division, before noon of the second Tuesday preceding the
377 election poll watchers for each polling room on election day.
378 Designations of poll watchers for early voting areas and super
379 voting sites must shall be submitted in writing to the
380 supervisor of elections, on a form prescribed by the division,
381 before noon at least 14 days before early voting begins or super
382 voting sites open. The poll watchers for polling rooms shall be
383 approved by the supervisor of elections on or before the Tuesday
384 before the election. Poll watchers for early voting areas and
385 super voting sites shall be approved by the supervisor of
386 elections no later than 7 days before early voting begins or
387 super voting sites open. The supervisor shall furnish to each
388 election board a list of the poll watchers designated and
389 approved for such polling rooms, or early voting areas, or super
390 voting sites. Designation of poll watchers shall be made by the
391 chair of the county executive committee of a political party,
392 the chair of a political committee, or the candidate requesting
393 to have poll watchers.
394 (3) A No candidate or a sheriff, deputy sheriff, police
395 officer, or other law enforcement officer may not be designated
396 as a poll watcher.
397 (4) All poll watchers shall be allowed to enter and watch
398 polls in all polling rooms and early voting areas within the
399 county in which they have been designated if the number of poll
400 watchers at any particular polling place does not exceed the
401 number provided in this section.
402 (5) The supervisor of elections shall provide to each
403 designated poll watcher, no later than 7 days before early
404 voting begins, a poll watcher identification badge that
405 identifies the poll watcher by name. Each poll watcher must wear
406 his or her identification badge while in the polling room or
407 early voting area.
408 Section 9. Paragraph (b) of subsection (1) of section
409 101.151, Florida Statutes, is amended to read:
410 101.151 Specifications for ballots.—
411 (1)
412 (b) Polling places, super voting sites, and early voting
413 sites may employ a ballot-on-demand production system to print
414 individual marksense ballots, including provisional ballots, for
415 eligible electors. Ballot-on-demand technology may be used to
416 produce marksense vote-by-mail and election-day ballots.
417 Section 10. Subsection (1) of section 101.49, Florida
418 Statutes, is amended to read:
419 101.49 Procedure of election officers where signatures
420 differ.—
421 (1) Whenever any clerk or inspector, upon a just comparison
422 of the signatures, doubts that the signature on the
423 identification presented by the elector is the same as the
424 signature the elector affixed on the precinct register or the
425 voter early voting certificate under s. 101.0011(4)(a) or s.
426 101.657(4)(a), as applicable, the clerk or inspector shall
427 deliver to the person an affidavit which shall be in
428 substantially the following form:
429
430 STATE OF FLORIDA,
431 COUNTY OF ....
432
433 I do solemnly swear (or affirm) that my name is ....; that
434 I am .... years old; that I was born in the State of ....; that
435 I am registered to vote; that I am a qualified voter of the
436 county and state aforesaid and have not voted in this election.
437
438 ...(Signature of voter)...
439
440 Sworn to and subscribed before me this .... day of ...., A.
441 D. ...(year)....
442
443 ...(Clerk or inspector of election)...
444
445 Precinct No. ....
446 County of ....
447
448 Section 11. Subsection (2) of section 101.5612, Florida
449 Statutes, is amended to read:
450 101.5612 Testing of tabulating equipment.—
451 (2) On any day not more than 10 days before prior to the
452 commencement of early voting as provided in s. 101.657 or the
453 opening of super voting sites as provided in s. 101.0011, the
454 supervisor of elections shall have the automatic tabulating
455 equipment publicly tested to ascertain that the equipment will
456 correctly count the votes cast for all offices and on all
457 measures. If the ballots to be used at the polling place on
458 election day are not available at the time of the testing, the
459 supervisor may conduct an additional test not more than 10 days
460 before election day. Public notice of the time and place of the
461 test shall be given at least 48 hours prior thereto by
462 publication on the supervisor of elections’ website and once in
463 one or more newspapers of general circulation in the county or,
464 if there is no newspaper of general circulation in the county,
465 by posting the notice in at least four conspicuous places in the
466 county. The supervisor or the municipal elections official may,
467 at the time of qualifying, give written notice of the time and
468 location of the public preelection test to each candidate
469 qualifying with that office and obtain a signed receipt that the
470 notice has been given. The Department of State shall give
471 written notice to each statewide candidate at the time of
472 qualifying, or immediately at the end of qualifying, that the
473 voting equipment will be tested and advise each candidate to
474 contact the county supervisor of elections as to the time and
475 location of the public preelection test. The supervisor or the
476 municipal elections official shall, at least 15 days before
477 prior to the commencement of early voting as provided in s.
478 101.657 or the opening of super voting sites as provided in s.
479 101.0011, send written notice by certified mail to the county
480 party chair of each political party and to all candidates for
481 other than statewide office whose names appear on the ballot in
482 the county and who did not receive written notification from the
483 supervisor or municipal elections official at the time of
484 qualifying, stating the time and location of the public
485 preelection test of the automatic tabulating equipment. The
486 canvassing board shall convene, and each member of the
487 canvassing board shall certify to the accuracy of the test. For
488 the test, the canvassing board may designate one member to
489 represent it. The test shall be open to representatives of the
490 political parties, the press, and the public. Each political
491 party may designate one person with expertise in the computer
492 field who shall be allowed in the central counting room when all
493 tests are being conducted and when the official votes are being
494 counted. The designee shall not interfere with the normal
495 operation of the canvassing board.
496 Section 12. Paragraphs (a) and (b) of subsection (2) of
497 section 101.591, Florida Statutes, are amended to read:
498 101.591 Voting system audit.—
499 (2)(a) A manual audit consists shall consist of a public
500 manual tally of the votes cast in one randomly selected race
501 that appears on the ballot. The tally sheet must shall include
502 election day, super voting site, election-day, vote-by-mail,
503 early voting, provisional, and overseas ballots, in at least 1
504 percent but no more than 2 percent of the precincts chosen at
505 random by the county canvassing board or the local board
506 responsible for certifying the election. If 1 percent of the
507 precincts is less than one entire precinct, the audit must shall
508 be conducted using at least one precinct chosen at random by the
509 county canvassing board or the local board responsible for
510 certifying the election. Such precincts shall be selected at a
511 publicly noticed canvassing board meeting.
512 (b) An automated audit consists shall consist of a public
513 automated tally of the votes cast across every race that appears
514 on the ballot. The tally sheet must shall include election day,
515 super voting site, vote-by-mail, early voting, provisional, and
516 overseas ballots in at least 20 percent of the precincts chosen
517 at random by the county canvassing board or the local board
518 responsible for certifying the election. Such precincts shall be
519 selected at a publicly noticed canvassing board meeting.
520 Section 13. Subsection (5) is added to section 101.657,
521 Florida Statutes, to read:
522 101.657 Early voting.—
523 (5) This section does not apply to a county that has opted
524 to operate super voting sites in accordance with s. 101.0011.
525 Section 14. Section 101.69, Florida Statutes, is amended to
526 read:
527 101.69 Voting in person; return of vote-by-mail ballot.—
528 (1) The provisions of this code shall not be construed to
529 prohibit any elector from voting in person at the elector’s
530 precinct on the day of an election or at an early voting site or
531 super voting site, notwithstanding that the elector has
532 requested a vote-by-mail ballot for that election. An elector
533 who has returned a voted vote-by-mail ballot to the supervisor,
534 however, is deemed to have cast his or her ballot and is not
535 entitled to vote another ballot or to have a provisional ballot
536 counted by the county canvassing board. An elector who has
537 received a vote-by-mail ballot and has not returned the voted
538 ballot to the supervisor, but desires to vote in person, shall
539 return the ballot, whether voted or not, to the election board
540 in the elector’s precinct or to an early voting site or super
541 voting site. The returned ballot shall be marked “canceled” by
542 the board and placed with other canceled ballots. However, if
543 the elector does not return the ballot and the election
544 official:
545 (a) Confirms that the supervisor has received the elector’s
546 vote-by-mail ballot, the elector shall not be allowed to vote in
547 person. If the elector maintains that he or she has not returned
548 the vote-by-mail ballot or remains eligible to vote, the elector
549 shall be provided a provisional ballot as provided in s.
550 101.048.
551 (b) Confirms that the supervisor has not received the
552 elector’s vote-by-mail ballot, the elector shall be allowed to
553 vote in person as provided in this code. The elector’s vote-by
554 mail ballot, if subsequently received, shall not be counted and
555 shall remain in the mailing envelope, and the envelope shall be
556 marked “Rejected as Illegal.”
557 (c) Cannot determine whether the supervisor has received
558 the elector’s vote-by-mail ballot, the elector may vote a
559 provisional ballot as provided in s. 101.048.
560 (2) The supervisor shall allow an elector who has received
561 a vote-by-mail ballot to physically return a voted vote-by-mail
562 ballot to the supervisor by placing the envelope containing his
563 or her marked ballot in a secure drop box. Secure drop boxes
564 shall be placed at the main office of the supervisor, at each
565 branch office of the supervisor, and at each early voting site.
566 Secure drop boxes may also be placed at any other site that
567 would otherwise qualify as an early voting site under s.
568 101.657(1) or a super voting site under s. 101.0011(1)(c);
569 provided, however, that any such site must be staffed during the
570 county’s early voting hours of operation of the county’s early
571 voting sites or super voting sites, whichever is applicable, by
572 an employee of the supervisor’s office or a sworn law
573 enforcement officer.
574 Section 15. Subsection (1) of section 101.71, Florida
575 Statutes, is amended to read:
576 101.71 Polling place.—
577 (1) There shall be in Each precinct in each county must
578 have a one polling place that is which shall be accessible to
579 the public on election day and is managed by a board of
580 inspectors and clerk of election. If a county has opted to
581 operate super voting sites in accordance with s. 101.0011, each
582 precinct is no longer required to have a polling place but the
583 other requirements of this section regarding polling places
584 continue to apply. Only one elector is shall be allowed to enter
585 any voting booth at a time; only no one except inspectors are
586 shall be allowed to speak to the elector while casting his or
587 her vote; and an inspector may not no inspector shall speak to
588 or interfere with the elector concerning his or her voting,
589 except to perform the duties as such inspector. Notwithstanding
590 any other provision of this chapter, this section is shall be
591 applicable if where the computer method of voting is in use, and
592 adequate provision must shall be made for the privacy of the
593 elector while casting his or her vote.
594 Section 16. Section 102.031, Florida Statutes, is amended
595 to read:
596 102.031 Maintenance of good order at polls; authorities;
597 persons allowed in polling rooms and early voting areas;
598 unlawful solicitation of voters.—
599 (1) Each election board shall possess full authority to
600 maintain order at the polls and enforce obedience to its lawful
601 commands during an election and the canvass of the votes.
602 (2) The sheriff shall deputize a deputy sheriff for each
603 polling place and each early voting site who shall be present
604 during the time the polls or early voting sites are open and
605 until the election is completed, who shall be subject to all
606 lawful commands of the clerk or inspectors, and who shall
607 maintain good order. The deputy may summon assistance from among
608 bystanders to aid him or her when necessary to maintain peace
609 and order at the polls or early voting sites.
610 (3)(a) No person may enter any polling room or polling
611 place where the polling place is also a polling room, any
612 polling room at a super voting site, or any early voting area
613 during voting hours except the following:
614 1. Official poll watchers;
615 2. Inspectors;
616 3. Election clerks;
617 4. The supervisor of elections or his or her deputy;
618 5. Persons there to vote, persons in the care of a voter,
619 or persons caring for such voter;
620 6. Law enforcement officers or emergency service personnel
621 there with permission of the clerk or a majority of the
622 inspectors; or
623 7. A person, whether or not a registered voter, who is
624 assisting with or participating in a simulated election for
625 minors, as approved by the supervisor of elections.
626 (b) The restriction in this subsection does not apply where
627 the polling room is in an area commonly traversed by the public
628 in order to gain access to businesses or homes or in an area
629 traditionally utilized as a public area for discussion.
630 (4)(a) No person, political committee, or other group or
631 organization may solicit voters inside the polling place or
632 within 150 feet of the entrance to any polling place, a polling
633 room where the polling place is also a polling room, a super
634 voting site, an early voting site, or an office of the
635 supervisor where vote-by-mail ballots are requested and printed
636 on demand for the convenience of electors who appear in person
637 to request them. Before the opening of the polling place, super
638 voting site, or early voting site, the clerk or supervisor shall
639 designate the no-solicitation zone and mark the boundaries.
640 (b) For the purpose of this subsection, the terms “solicit”
641 or “solicitation” shall include, but not be limited to, seeking
642 or attempting to seek any vote, fact, opinion, or contribution;
643 distributing or attempting to distribute any political or
644 campaign material, leaflet, or handout; conducting a poll except
645 as specified in this paragraph; seeking or attempting to seek a
646 signature on any petition; and selling or attempting to sell any
647 item. The terms “solicit” or “solicitation” may not be construed
648 to prohibit exit polling.
649 (c) Each supervisor of elections shall inform the clerk of
650 the area within which soliciting is unlawful, based on the
651 particular characteristics of that polling place. The supervisor
652 or the clerk may take any reasonable action necessary to ensure
653 order at the polling places, including, but not limited to,
654 having disruptive and unruly persons removed by law enforcement
655 officers from the polling room or place or from the 150-foot
656 zone surrounding the polling place.
657 (d) Except as provided in paragraph (a), the supervisor may
658 not designate a no-solicitation zone or otherwise restrict
659 access to any person, political committee, candidate, or other
660 group or organization for the purposes of soliciting voters.
661 This paragraph applies to any public or private property used as
662 a polling place, a super voting site, or an early voting site.
663 (e) The owner, operator, or lessee of the property on which
664 a polling place, a super voting site, or an early voting site is
665 located, or an agent or employee thereof, may not prohibit the
666 solicitation of voters outside of the no-solicitation zone
667 during polling hours.
668 (5) No photography is permitted in the polling room, or
669 early voting area, or polling room or voting area at a super
670 voting site, except an elector may photograph his or her own
671 ballot.
672 Section 17. Subsection (4) of section 102.141, Florida
673 Statutes, is amended to read:
674 102.141 County canvassing board; duties.—
675 (4)(a) Except as provided under paragraph (b), the
676 supervisor of elections shall upload into the county’s election
677 management system by 7 p.m. on the day before the election the
678 results of all early voting and vote-by-mail ballots that have
679 been canvassed and tabulated by the end of the early voting
680 period. Pursuant to ss. 101.5614(8), 101.657, and 101.68(2), the
681 tabulation of votes cast or the results of such uploads may not
682 be made public before the close of the polls on election day.
683 (b) If in a county opting to use super voting site voting
684 pursuant to s. 101.0011, the supervisor of elections shall
685 upload into the county’s election management system after the
686 polls close on election day the results of all super voting site
687 and vote-by-mail ballots that have been canvassed and tabulated
688 by the 3rd day before the election. Pursuant to ss.
689 101.0011(1)(b), 101.5614(8), and 101.68(2), the tabulation of
690 votes cast or the results of such uploads may not be made public
691 before the close of the polls on election day.
692 (c) The canvassing board shall report all early voting and
693 all tabulated vote-by-mail results to the Department of State
694 within 30 minutes after the polls close. Thereafter, the
695 canvassing board shall report, with the exception of provisional
696 ballot results, updated precinct election results or super
697 voting site election results, if applicable, to the department
698 at least every 45 minutes until all results are completely
699 reported. The supervisor of elections shall notify the
700 department immediately of any circumstances that do not permit
701 periodic updates as required. Results shall be submitted in a
702 format prescribed by the department.
703 Section 18. This act shall take effect July 1, 2020.