Florida Senate - 2020                                    SB 1806
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-01532A-20                                          20201806__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 20.10, F.S.;
    3         requiring the Secretary of State to be elected rather
    4         than appointed; specifying when such election will
    5         occur; amending s. 97.052, F.S.; conforming provisions
    6         to changes made by the act; amending s. 97.053, F.S.;
    7         providing that an applicant must designate a party
    8         affiliation to be registered to vote; requiring a
    9         supervisor of elections to make a certain
   10         notification; requiring the voter registration
   11         application to include certain information; providing
   12         for the canvassing of provisional ballots if certain
   13         information is provided within a reasonable amount of
   14         time following an election; repealing s. 97.055, F.S.,
   15         relating to the closure of registration books for an
   16         election; repealing s. 97.0555, F.S., relating to late
   17         registration to vote; creating s. 97.0556, F.S.;
   18         providing that a person who meets certain requirements
   19         may register to vote and cast a ballot on election day
   20         or at an early voting site; amending s. 97.057, F.S.;
   21         requiring the Department of Highway Safety and Motor
   22         Vehicles to provide the opportunity to preregister to
   23         vote to certain individuals; amending s. 97.0575,
   24         F.S.; revising penalties for third parties collecting
   25         voter registration organizations; amending s. 98.065,
   26         F.S.; providing additional requirements before a voter
   27         can be made inactive; amending s. 98.0981, F.S.;
   28         revising certain reports and data to conform with
   29         changes made by the act; amending s. 99.061, F.S.;
   30         authorizing a candidate to pay his or her
   31         qualification fee with a cashier’s check; amending s.
   32         100.371, F.S.; providing a requirement for the
   33         delivery of certain petitions; creating s. 100.51,
   34         F.S.; establishing general election day as a paid
   35         holiday; providing that any elector may absent himself
   36         or herself from service or employment at a specific
   37         time on a General Election Day and may not be
   38         penalized for such absence; creating s. 101.016, F.S.;
   39         requiring the Division of Elections to maintain a
   40         strategic elections equipment reserve of voting
   41         systems for specified purposes; requiring such reserve
   42         to include specified equipment; authorizing the
   43         division to contract with specified entities rather
   44         than physically maintain such reserve; amending s.
   45         101.048, F.S.; providing that a person may cast a
   46         provisional vote in the county in which the voter
   47         claims to be registered; requiring a supervisor of
   48         elections to immediately notify a person of a
   49         nonmatching signature and allow such person to cure
   50         the ballot within a reasonable amount of time;
   51         amending s. 101.151, F.S.; requiring a ballot to
   52         include the office title of Secretary of State in a
   53         certain order; requiring the names of candidates for
   54         each office to be ordered randomly; amending s.
   55         101.5612, F.S.; requiring a supervisor of elections to
   56         annually file a plan for operations under certain
   57         conditions; amending s. 101.62, F.S.; providing that a
   58         request for a vote-by-mail ballot is valid until the
   59         request is canceled; revising the deadline by which
   60         vote-by-mail ballots must be received by a supervisor
   61         of elections; extending the period during which a
   62         supervisor of elections may deliver a vote-by-mail
   63         ballot; providing for extension of deadlines under
   64         certain conditions; amending s. 101.64, F.S.;
   65         requiring a supervisor of elections to enclose a
   66         postage paid mailing envelope with each vote-by-mail
   67         ballot; providing that vote-by-mail ballot voter
   68         certificates may require a voter’s signature or the
   69         last four digits of the voter’s social security
   70         number; amending s. 101.65, F.S.; revising
   71         instructions that must be provided with a vote-by-mail
   72         ballot; amending s. 101.68, F.S.; requiring a
   73         supervisor of elections to compare the signature or
   74         partial social security number with the signature or
   75         social security number in the registration books or
   76         precinct register when canvassing a vote-by-mail
   77         ballot; revising the time period an elector may cure a
   78         vote-by-mail ballot; amending s. 101.6952, F.S.;
   79         authorizing an absent voter to submit a federal write
   80         in absentee ballot or vote-by-mail ballot; revising
   81         requirements for the canvassing of specified ballots;
   82         providing that a certain presumption applies to vote
   83         by-mail ballots received from absent voters; requiring
   84         a vote-by-mail ballot from an absent voter which is
   85         postmarked by a certain date to be counted; amending
   86         s. 101.697, F.S.; requiring the Department of State to
   87         adopt rules to authorize a supervisor of elections to
   88         accept a voted ballot by secure electronic means under
   89         certain circumstances; amending s. 101.71, F.S.;
   90         prohibiting a polling place from being located within
   91         a gated community unless certain conditions are met;
   92         amending s. 102.031, F.S.; prohibiting certain persons
   93         from serving on a county canvassing board; removing a
   94         provision prohibiting the restriction of solicitation
   95         by certain parties; prohibiting the use of devices
   96         that amplify sound in certain locations; amending s.
   97         102.111, F.S.; revising the dates by which the
   98         Elections Canvassing Commission shall certify certain
   99         election returns; amending s. 102.112, F.S.; revising
  100         the deadlines for submission of county returns to the
  101         Department of State; creating s. 102.181, F.S.;
  102         authorizing certain persons to file actions against a
  103         supervisor of elections for noncompliance with the
  104         Florida Election Code; providing that such person is
  105         entitled to an immediate hearing; providing for the
  106         waiver of fees and costs and the awarding of attorney
  107         fees; providing an effective date.
  108          
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. Subsection (1) of section 20.10, Florida
  112  Statutes, is amended to read:
  113         20.10 Department of State.—There is created a Department of
  114  State.
  115         (1) The head of the Department of State is the Secretary of
  116  State. The Secretary of State shall be elected at the statewide
  117  general election at which the Governor, the Lieutenant Governor,
  118  and Cabinet officers are elected as provided in s. 5, Art. IV of
  119  the State Constitution, for a term of 4 years beginning on the
  120  first Tuesday after the first Monday in January of the year
  121  following such election appointed by the Governor, subject to
  122  confirmation by the Senate, and shall serve at the pleasure of
  123  the Governor. The Secretary of State shall perform the functions
  124  conferred by the State Constitution upon the custodian of state
  125  records.
  126         Section 2. Subsection (6) of section 97.052, Florida
  127  Statutes, is amended to read:
  128         97.052 Uniform statewide voter registration application.—
  129         (6) If a voter registration applicant fails to provide any
  130  of the required information on the voter registration
  131  application form, the supervisor shall notify the applicant of
  132  the failure by mail within 5 business days after the supervisor
  133  has the information available in the voter registration system.
  134  The applicant shall have an opportunity to complete the
  135  application form to vote in the next election up until the book
  136  closing for that next election.
  137         Section 3. Subsections (2) and (4), paragraph (b) of
  138  subsection (5), and subsection (6) of section 97.053, Florida
  139  Statutes, are amended to read:
  140         97.053 Acceptance of voter registration applications.—
  141         (2) A voter registration application is complete and
  142  becomes the official voter registration record of that applicant
  143  when all information necessary to establish the applicant’s
  144  eligibility pursuant to s. 97.041 is received by a voter
  145  registration official and verified pursuant to subsection (6).
  146  If the applicant fails to complete his or her voter registration
  147  application prior to the date of book closing for an election,
  148  then such applicant shall not be eligible to vote in that
  149  election.
  150         (4) The registration date for a valid initial voter
  151  registration application that has been mailed to a driver
  152  license office, a voter registration agency, an armed forces
  153  recruitment office, the division, or the office of any
  154  supervisor in the state and bears a clear postmark is the date
  155  of that postmark. If an initial voter registration application
  156  that has been mailed does not bear a postmark or if the postmark
  157  is unclear, the registration date is the date the application is
  158  received by any supervisor or the division, unless it is
  159  received within 5 days after the closing of the books for an
  160  election, excluding Saturdays, Sundays, and legal holidays, in
  161  which case the registration date is the book-closing date.
  162         (5)
  163         (b) An applicant who fails to designate party affiliation
  164  or affirmatively select no party affiliation may not must be
  165  registered without party affiliation. The supervisor must notify
  166  the voter by mail that the voter has not been registered without
  167  party affiliation and that the voter must complete a new
  168  registration application and designate a party affiliation or
  169  affirmatively select no party affiliation may change party
  170  affiliation as provided in s. 97.1031. The voter registration
  171  application must clearly denote this requirement.
  172         (6) A voter registration application may be accepted as
  173  valid only after the department has verified the authenticity or
  174  nonexistence of the driver license number, the Florida
  175  identification card number, or the last four digits of the
  176  social security number provided by the applicant. If a completed
  177  voter registration application has been received by the book
  178  closing deadline but the driver license number, the Florida
  179  identification card number, or the last four digits of the
  180  social security number provided by the applicant cannot be
  181  verified, the applicant shall be notified that the number cannot
  182  be verified and that the applicant must provide evidence to the
  183  supervisor sufficient to verify the authenticity of the
  184  applicant’s driver license number, Florida identification card
  185  number, or last four digits of the social security number. If
  186  the applicant provides the necessary evidence, the supervisor
  187  shall place the applicant’s name on the registration rolls as an
  188  active voter. If the applicant has not provided the necessary
  189  evidence or the number has not otherwise been verified prior to
  190  the applicant presenting himself or herself to vote, the
  191  applicant shall be provided a provisional ballot. The
  192  provisional ballot shall be counted only if the number is
  193  verified by the end of the canvassing period or if the applicant
  194  presents evidence to the supervisor of elections sufficient to
  195  verify the authenticity of the applicant’s driver license
  196  number, Florida identification card number, or last four digits
  197  of the social security number within a reasonable amount of time
  198  after no later than 5 p.m. of the second day following the
  199  election.
  200         Section 4. Section 97.055, Florida Statutes, is repealed.
  201         Section 5. Section 97.0555, Florida Statutes, is repealed.
  202         Section 6. Section 97.0556, Florida Statutes, is created to
  203  read:
  204         97.0556Same-day voter registration.—A person who meets the
  205  qualifications to register to vote in s. 97.041 and provides the
  206  information required for the statewide voter registration
  207  application in s. 97.052 may register to vote and cast a ballot
  208  on election day or at an early voting site.
  209         Section 7. Subsection (1) of section 97.057, Florida
  210  Statutes, is amended to read:
  211         97.057 Voter registration by the Department of Highway
  212  Safety and Motor Vehicles.—
  213         (1) The Department of Highway Safety and Motor Vehicles
  214  shall provide the opportunity to preregister to vote, register
  215  to vote, or to update a voter registration record to each
  216  individual who comes to an office of that department to:
  217         (a) Apply for or renew a driver license;
  218         (b) Apply for or renew an identification card pursuant to
  219  chapter 322; or
  220         (c) Change an address on an existing driver license or
  221  identification card.
  222         Section 8. Paragraph (a) of subsection (3) of section
  223  97.0575, Florida Statutes, is amended to read:
  224         97.0575 Third-party voter registrations.—
  225         (3)(a) A third-party voter registration organization that
  226  collects voter registration applications serves as a fiduciary
  227  to the applicant, ensuring that any voter registration
  228  application entrusted to the organization, irrespective of party
  229  affiliation, race, ethnicity, or gender, shall be promptly
  230  delivered to the division or the supervisor of elections within
  231  48 hours after the applicant completes it or the next business
  232  day if the appropriate office is closed for that 48-hour period.
  233  If a voter registration application collected by any third-party
  234  voter registration organization is not promptly delivered to the
  235  division or supervisor of elections, the third-party voter
  236  registration organization is liable for the following fines:
  237         1. A fine in the amount of $50 for each application
  238  received by the division or the supervisor of elections more
  239  than 48 hours after the applicant delivered the completed voter
  240  registration application to the third-party voter registration
  241  organization or any person, entity, or agent acting on its
  242  behalf or the next business day, if the office is closed. A fine
  243  in the amount of $250 for each application received if the
  244  third-party voter registration organization or person, entity,
  245  or agency acting on its behalf acted willfully.
  246         2.A fine in the amount of $100 for each application
  247  collected by a third-party voter registration organization or
  248  any person, entity, or agent acting on its behalf, before book
  249  closing for any given election for federal or state office and
  250  received by the division or the supervisor of elections after
  251  the book-closing deadline for such election. A fine in the
  252  amount of $500 for each application received if the third-party
  253  registration organization or person, entity, or agency acting on
  254  its behalf acted willfully.
  255         2.3. A fine in the amount of $500 for each application
  256  collected by a third-party voter registration organization or
  257  any person, entity, or agent acting on its behalf, which is not
  258  submitted to the division or supervisor of elections. A fine in
  259  the amount of $1,000 for any application not submitted if the
  260  third-party voter registration organization or person, entity,
  261  or agency acting on its behalf acted willfully.
  262  
  263  The aggregate fine pursuant to this paragraph which may be
  264  assessed against a third-party voter registration organization,
  265  including affiliate organizations, for violations committed in a
  266  calendar year is $1,000.
  267         Section 9. Paragraph (c) of subsection (4) of section
  268  98.065, Florida Statutes, is amended to read:
  269         98.065 Registration list maintenance programs.—
  270         (4)
  271         (c) The supervisor must designate as inactive all voters
  272  who have not voted in at least one of the last two general
  273  elections, who have been sent an address confirmation final
  274  notice, and who have not returned the postage prepaid,
  275  preaddressed return form within 30 days or for which the final
  276  notice has been returned as undeliverable. Names on the inactive
  277  list may not be used to calculate the number of signatures
  278  needed on any petition. A voter on the inactive list may be
  279  restored to the active list of voters upon the voter updating
  280  his or her registration, requesting a vote-by-mail ballot, or
  281  appearing to vote. However, if the voter does not update his or
  282  her voter registration information, request a vote-by-mail
  283  ballot, or vote by the second general election after being
  284  placed on the inactive list, the voter’s name shall be removed
  285  from the statewide voter registration system and the voter shall
  286  be required to reregister to have his or her name restored to
  287  the statewide voter registration system.
  288         Section 10. Paragraph (d) of subsection (1) and subsection
  289  (3) of section 98.0981, Florida Statutes, are amended to read:
  290         98.0981 Reports; voting history; statewide voter
  291  registration system information; precinct-level election
  292  results; preelection book closing statistics.—
  293         (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
  294  INFORMATION.—
  295         (d) File specifications are as follows:
  296         1. The file shall contain records designated by the
  297  categories below for all qualified voters who, regardless of the
  298  voter’s county of residence or active or inactive registration
  299  status on at the election day book closing for the corresponding
  300  election that the file is being created for:
  301         a. Voted a regular ballot at a precinct location.
  302         b. Voted at a precinct location using a provisional ballot
  303  that was subsequently counted.
  304         c. Voted a regular ballot during the early voting period.
  305         d. Voted during the early voting period using a provisional
  306  ballot that was subsequently counted.
  307         e. Voted by vote-by-mail ballot.
  308         f. Attempted to vote by vote-by-mail ballot, but the ballot
  309  was not counted.
  310         g. Attempted to vote by provisional ballot, but the ballot
  311  was not counted in that election.
  312         2. Each file shall be created or converted into a tab
  313  delimited format.
  314         3. File names shall adhere to the following convention:
  315         a. Three-character county identifier as established by the
  316  department followed by an underscore.
  317         b. Followed by four-character file type identifier of
  318  “VHO3” followed by an underscore.
  319         c. Followed by FVRS election ID followed by an underscore.
  320         d. Followed by Date Created followed by an underscore.
  321         e. Date format is YYYYMMDD.
  322         f. Followed by Time Created - HHMMSS.
  323         g. Followed by “.txt”.
  324         4. Each record shall contain the following columns: Record
  325  Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
  326  Date, Vote History Code, Precinct, Congressional District, House
  327  District, Senate District, County Commission District, and
  328  School Board District.
  329         (3) PRECINCT-LEVEL PREELECTION BOOK CLOSING STATISTICS.
  330  After the 29th day before the date of an election the date of
  331  book closing but before the date of an election as defined in s.
  332  97.021 to fill a national, state, county, or district office, or
  333  to vote on a proposed constitutional amendment, the department
  334  shall compile the following precinct-level statistical data for
  335  each county:
  336         (a) Precinct numbers.
  337         (b) Total number of active registered voters by party for
  338  each precinct.
  339         Section 11. Paragraph (a) of subsection (7) of section
  340  99.061, Florida Statutes, is amended to read:
  341         99.061 Method of qualifying for nomination or election to
  342  federal, state, county, or district office.—
  343         (7)(a) In order for a candidate to be qualified, the
  344  following items must be received by the filing officer by the
  345  end of the qualifying period:
  346         1. A cashier’s check purchased with funds of the campaign
  347  account or a properly executed check drawn upon the candidate’s
  348  campaign account payable to the person or entity as prescribed
  349  by the filing officer in an amount not less than the fee
  350  required by s. 99.092, unless the candidate obtained the
  351  required number of signatures on petitions pursuant to s.
  352  99.095. The filing fee for a special district candidate is not
  353  required to be drawn upon the candidate’s campaign account. If a
  354  candidate’s check is returned by the bank for any reason, the
  355  filing officer shall immediately notify the candidate and the
  356  candidate shall have until the end of qualifying to pay the fee
  357  with a cashier’s check purchased from funds of the campaign
  358  account. Failure to pay the fee as provided in this subparagraph
  359  shall disqualify the candidate.
  360         2. The candidate’s oath required by s. 99.021, which must
  361  contain the name of the candidate as it is to appear on the
  362  ballot; the office sought, including the district or group
  363  number if applicable; and the signature of the candidate, which
  364  must be verified under oath or affirmation pursuant to s.
  365  92.525(1)(a).
  366         3. If the office sought is partisan, the written statement
  367  of political party affiliation required by s. 99.021(1)(b).
  368         4. The completed form for the appointment of campaign
  369  treasurer and designation of campaign depository, as required by
  370  s. 106.021.
  371         5. The full and public disclosure or statement of financial
  372  interests required by subsection (5). A public officer who has
  373  filed the full and public disclosure or statement of financial
  374  interests with the Commission on Ethics or the supervisor of
  375  elections prior to qualifying for office may file a copy of that
  376  disclosure at the time of qualifying.
  377         Section 12. Paragraph (a) of subsection (7) of section
  378  100.371, Florida Statutes, is amended, and paragraph (c) is
  379  added to that subsection, to read:
  380         100.371 Initiatives; procedure for placement on ballot.—
  381         (7)(a) A sponsor that collects petition forms or uses a
  382  petition circulator to collect petition forms serves as a
  383  fiduciary to the elector signing the petition form, ensuring
  384  that any petition form entrusted to the petition circulator
  385  shall be promptly delivered to the supervisor of elections
  386  within 30 days after the elector signs the form.
  387         (a) If a petition form collected by any petition circulator
  388  is not promptly delivered to the supervisor of elections, the
  389  sponsor is liable for the following fines:
  390         1. A fine in the amount of $50 for each petition form
  391  received by the supervisor of elections more than 30 days after
  392  the elector signed the petition form or the next business day,
  393  if the office is closed. A fine in the amount of $250 for each
  394  petition form received if the sponsor or petition circulator
  395  acted willfully.
  396         2. A fine in the amount of $500 for each petition form
  397  collected by a petition circulator which is not submitted to the
  398  supervisor of elections. A fine in the amount of $1,000 for any
  399  petition form not submitted if the sponsor or petition
  400  circulator acted willfully.
  401         (c)A sponsor must deliver petition forms to the supervisor
  402  grouped in batches by the petition circulator who collected
  403  them.
  404         Section 13. Section 100.51, Florida Statutes, is created to
  405  read:
  406         100.51General election day paid holiday.—In order to
  407  encourage civic participation, enable more individuals to serve
  408  as poll workers, and provide additional time for the resolution
  409  of any issues that arise while an elector is casting his or her
  410  vote, general election day is a paid holiday. Any elector is
  411  entitled to absent himself or herself from any service or
  412  employment in which he or she is engaged or employed between the
  413  time of the opening and closing of polls on General Election
  414  Day. An elector who absents himself or herself under this
  415  section may not be penalized in any way and a deduction may not
  416  be made from his or her usual salary or wages on account of his
  417  or her absence.
  418         Section 14. Section 101.016, Florida Statutes, is created
  419  to read:
  420         101.016Strategic election equipment reserve.—The Division
  421  of Elections shall maintain a strategic elections equipment
  422  reserve of voting systems that may be deployed in the event of
  423  an emergency as defined in s. 101.732 or upon the occurrence of
  424  equipment capacity issues due to unexpected voter turnout. The
  425  reserve shall include tabulation equipment and any other
  426  necessary equipment, such as printers, that are in use by each
  427  supervisor of elections. In lieu of maintaining a physical
  428  reserve of such equipment, the division may contract with a
  429  vendor of voting equipment that shall provide such equipment on
  430  an as-needed basis.
  431         Section 15. Subsections (1) and (2) of section 101.048,
  432  Florida Statutes, are amended to read:
  433         101.048 Provisional ballots.—
  434         (1) At all elections, a voter claiming to be properly
  435  registered in the state and eligible to vote at the precinct in
  436  the election but whose eligibility cannot be determined, a
  437  person whom an election official asserts is not eligible, and
  438  other persons specified in the code shall be entitled to vote a
  439  provisional ballot in the county in which the voter claims to be
  440  registered. Once voted, the provisional ballot shall be placed
  441  in a secrecy envelope and thereafter sealed in a provisional
  442  ballot envelope. The provisional ballot shall be deposited in a
  443  ballot box. All provisional ballots shall remain sealed in their
  444  envelopes for return to the supervisor of elections. The
  445  department shall prescribe the form of the provisional ballot
  446  envelope. A person casting a provisional ballot shall have the
  447  right to present written evidence supporting his or her
  448  eligibility to vote to the supervisor of elections by not later
  449  than 5 p.m. on the second day following the election.
  450         (2)(a) The county canvassing board shall examine each
  451  Provisional Ballot Voter’s Certificate and Affirmation to
  452  determine if the person voting that ballot was entitled to vote
  453  in the county in which at the precinct where the person cast a
  454  vote in the election and that the person had not already cast a
  455  ballot in the election. In determining whether a person casting
  456  a provisional ballot is entitled to vote, the county canvassing
  457  board shall review the information provided in the Voter’s
  458  Certificate and Affirmation, written evidence provided by the
  459  person pursuant to subsection (1), information provided in any
  460  cure affidavit and accompanying supporting documentation
  461  pursuant to subsection (6), any other evidence presented by the
  462  supervisor, and, in the case of a challenge, any evidence
  463  presented by the challenger. A ballot of a person casting a
  464  provisional ballot shall be canvassed pursuant to paragraph (b)
  465  unless the canvassing board determines by a preponderance of the
  466  evidence that the person was not entitled to vote.
  467         (b) If it is determined that the person was registered and
  468  entitled to vote in the county in which at the precinct where
  469  the person cast a vote in the election, the canvassing board
  470  must compare the signature on the Provisional Ballot Voter’s
  471  Certificate and Affirmation or the provisional ballot cure
  472  affidavit with the signature on the voter’s registration or
  473  precinct register. A provisional ballot may be counted only if:
  474         1. The signature on the voter’s certificate or the cure
  475  affidavit matches the elector’s signature in the registration
  476  books or the precinct register; however, in the case of a cure
  477  affidavit, the supporting identification listed in subsection
  478  (6) must also confirm the identity of the elector; or
  479         2. The cure affidavit contains a signature that does not
  480  match the elector’s signature in the registration books or the
  481  precinct register, but the elector has submitted a current and
  482  valid Tier 1 form of identification confirming his or her
  483  identity pursuant to subsection (6).
  484  
  485  For purposes of this paragraph, any canvassing board finding
  486  that signatures do not match must be by majority vote and beyond
  487  a reasonable doubt.
  488         (c) Any provisional ballot not counted must remain in the
  489  envelope containing the Provisional Ballot Voter’s Certificate
  490  and Affirmation and the envelope shall be marked “Rejected as
  491  Illegal.”
  492         (d) If a provisional ballot is validated following the
  493  submission of a cure affidavit, the supervisor must make a copy
  494  of the affidavit, affix it to a voter registration application,
  495  and immediately process it as a valid request for a signature
  496  update pursuant to s. 98.077.
  497         Section 16. Paragraph (a) of subsection (2) and paragraph
  498  (a) of subsection (3) of section 101.151, Florida Statutes, are
  499  amended to read:
  500         101.151 Specifications for ballots.—
  501         (2)(a) The ballot must include the following office titles
  502  above the names of the candidates for the respective offices in
  503  the following order:
  504         1. The office titles of President and Vice President above
  505  the names of the candidates for President and Vice President of
  506  the United States nominated by the political party that received
  507  the highest vote for Governor in the last general election of
  508  the Governor in this state, followed by the names of other
  509  candidates for President and Vice President of the United States
  510  who have been properly nominated.
  511         2. The office titles of United States Senator and
  512  Representative in Congress.
  513         3. The office titles of Governor and Lieutenant Governor;
  514  Attorney General; Chief Financial Officer; Commissioner of
  515  Agriculture; Secretary of State; State Attorney, with the
  516  applicable judicial circuit; and Public Defender, with the
  517  applicable judicial circuit.
  518         4. The office titles of State Senator and State
  519  Representative, with the applicable district for the office
  520  printed beneath.
  521         5. The office titles of Clerk of the Circuit Court or, when
  522  the Clerk of the Circuit Court also serves as the County
  523  Comptroller, Clerk of the Circuit Court and Comptroller, when
  524  authorized by law; Clerk of the County Court, when authorized by
  525  law; Sheriff; Property Appraiser; Tax Collector; District
  526  Superintendent of Schools; and Supervisor of Elections.
  527         6. The office titles of Board of County Commissioners, with
  528  the applicable district printed beneath each office, and such
  529  other county and district offices as are involved in the
  530  election, in the order fixed by the Department of State,
  531  followed, in the year of their election, by “Party Offices,” and
  532  thereunder the offices of state and county party executive
  533  committee members.
  534         (3)(a) The names of the candidates of each the party that
  535  received the highest number of votes for Governor in the last
  536  election in which a Governor was elected shall be ordered
  537  randomly placed first for each office on the general election
  538  ballot, together with an appropriate abbreviation of each such
  539  the party name; the names of the candidates of the party that
  540  received the second highest vote for Governor shall be placed
  541  second for each office, together with an appropriate
  542  abbreviation of the party name.
  543         Section 17. Subsection (6) is added to section 101.5612,
  544  Florida Statutes, to read:
  545         101.5612 Testing of tabulating equipment.—
  546         (6)A supervisor of elections shall annually file with the
  547  Secretary of State a detailed plan for operations if maximum
  548  voter turnout were to occur on election day and if a recount
  549  were to be required in each race on a ballot.
  550         Section 18. Paragraph (a) of subsection (1), subsection
  551  (2), and paragraph (c) of subsection (4) of section 101.62,
  552  Florida Statutes, are amended, and subsection (7) is added to
  553  that section, to read:
  554         101.62 Request for vote-by-mail ballots.—
  555         (1)(a) The supervisor shall accept a request for a vote-by
  556  mail ballot from an elector in person or in writing. One request
  557  shall be deemed sufficient to receive a vote-by-mail ballot for
  558  all elections until the elector or the elector’s designee
  559  notifies the supervisor that the elector cancels such request
  560  through the end of the calendar year of the second ensuing
  561  regularly scheduled general election, unless the elector or the
  562  elector’s designee indicates at the time the request is made the
  563  elections for which the elector desires to receive a vote-by
  564  mail ballot. Such request may be considered canceled when any
  565  first-class mail sent by the supervisor to the elector is
  566  returned as undeliverable.
  567         (2) A request for a vote-by-mail ballot to be mailed to a
  568  voter must be received no later than 5 p.m. on the 11th 10th day
  569  before the election by the supervisor. The supervisor shall mail
  570  vote-by-mail ballots to voters requesting ballots by such
  571  deadline no later than 8 days before the election.
  572         (4)
  573         (c) The supervisor shall provide a vote-by-mail ballot to
  574  each elector by whom a request for that ballot has been made by
  575  one of the following means:
  576         1. By nonforwardable, return-if-undeliverable mail to the
  577  elector’s current mailing address on file with the supervisor or
  578  any other address the elector specifies in the request.
  579         2. By forwardable mail, e-mail, or facsimile machine
  580  transmission to absent uniformed services voters and overseas
  581  voters. The absent uniformed services voter or overseas voter
  582  may designate in the vote-by-mail ballot request the preferred
  583  method of transmission. If the voter does not designate the
  584  method of transmission, the vote-by-mail ballot shall be mailed.
  585         3. By personal delivery before 7 p.m. on election day to
  586  the elector, upon presentation of the identification required in
  587  s. 101.043.
  588         4. By delivery to a designee on election day or up to 11 9
  589  days prior to the day of an election. Any elector may designate
  590  in writing a person to pick up the ballot for the elector;
  591  however, the person designated may not pick up more than two
  592  vote-by-mail ballots per election, other than the designee’s own
  593  ballot, except that additional ballots may be picked up for
  594  members of the designee’s immediate family. For purposes of this
  595  section, “immediate family” means the designee’s spouse or the
  596  parent, child, grandparent, or sibling of the designee or of the
  597  designee’s spouse. The designee shall provide to the supervisor
  598  the written authorization by the elector and a picture
  599  identification of the designee and must complete an affidavit.
  600  The designee shall state in the affidavit that the designee is
  601  authorized by the elector to pick up that ballot and shall
  602  indicate if the elector is a member of the designee’s immediate
  603  family and, if so, the relationship. The department shall
  604  prescribe the form of the affidavit. If the supervisor is
  605  satisfied that the designee is authorized to pick up the ballot
  606  and that the signature of the elector on the written
  607  authorization matches the signature of the elector on file, the
  608  supervisor shall give the ballot to that designee for delivery
  609  to the elector.
  610         5. Except as provided in s. 101.655, the supervisor may not
  611  deliver a vote-by-mail ballot to an elector or an elector’s
  612  immediate family member on the day of the election unless there
  613  is an emergency, to the extent that the elector will be unable
  614  to go to his or her assigned polling place. If a vote-by-mail
  615  ballot is delivered, the elector or his or her designee shall
  616  execute an affidavit affirming to the facts which allow for
  617  delivery of the vote-by-mail ballot. The department shall adopt
  618  a rule providing for the form of the affidavit.
  619         (7)If a deadline under this section falls on a day when
  620  the office of the supervisor is usually closed, the deadline
  621  shall be extended until the next business day.
  622         Section 19. Subsections (1) and (2) of section 101.64,
  623  Florida Statutes, are amended to read:
  624         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  625         (1) The supervisor shall enclose with each vote-by-mail
  626  ballot two envelopes: a secrecy envelope, into which the absent
  627  elector shall enclose his or her marked ballot; and a postage
  628  paid mailing envelope, into which the absent elector shall then
  629  place the secrecy envelope, which shall be addressed to the
  630  supervisor and also bear on the back side a certificate in
  631  substantially the following form:
  632  
  633           Note: Please Read Instructions Carefully Before         
  634         Marking Ballot and Completing Voter’s Certificate.        
  635  
  636                         VOTER’S CERTIFICATE                       
  637         I, ...., do solemnly swear or affirm that I am a qualified
  638  and registered voter of .... County, Florida, and that I have
  639  not and will not vote more than one ballot in this election. I
  640  understand that if I commit or attempt to commit any fraud in
  641  connection with voting, vote a fraudulent ballot, or vote more
  642  than once in an election, I can be convicted of a felony of the
  643  third degree and fined up to $5,000 and/or imprisoned for up to
  644  5 years. I also understand that failure to sign this certificate
  645  will invalidate my ballot.
  646  ...(Date)...	...(Voter’s Signature or Last Four Digits of
  647  Social Security Number)...
  648  ...(E-Mail Address)...	...(Home Telephone Number)...
  649  
  650  ...(Mobile Telephone Number)...
  651  
  652         (2) The certificate shall be arranged on the back of the
  653  mailing envelope so that the line for the signature or the last
  654  four digits of the social security number of the absent elector
  655  is across the seal of the envelope; however, no statement shall
  656  appear on the envelope which indicates that a signature or the
  657  last four digits of the social security number of the voter must
  658  cross the seal of the envelope. The absent elector shall execute
  659  the certificate on the envelope.
  660         Section 20. Section 101.65, Florida Statutes, is amended to
  661  read:
  662         101.65 Instructions to absent electors.—The supervisor
  663  shall enclose with each vote-by-mail ballot separate printed
  664  instructions in substantially the following form; however, where
  665  the instructions appear in capitalized text, the text of the
  666  printed instructions must be in bold font:
  667  
  668                  READ THESE INSTRUCTIONS CAREFULLY                
  669                       BEFORE MARKING BALLOT.                      
  670  
  671         1. VERY IMPORTANT. In order to ensure that your vote-by
  672  mail ballot will be counted, it should be completed and returned
  673  as soon as possible so that it can reach the supervisor of
  674  elections of the county in which your precinct is located no
  675  later than 7 p.m. on the day of the election. However, if you
  676  are an overseas voter casting a ballot in a presidential
  677  preference primary or general election, your vote-by-mail ballot
  678  must be postmarked or dated no later than the date of the
  679  election and received by the supervisor of elections of the
  680  county in which you are registered to vote no later than 10 days
  681  after the date of the election. Note that the later you return
  682  your ballot, the less time you will have to cure any signature
  683  deficiencies, which may lead to your vote not being counted is
  684  authorized until 5 p.m. on the 2nd day after the election.
  685         2. Mark your ballot in secret as instructed on the ballot.
  686  You must mark your own ballot unless you are unable to do so
  687  because of blindness, disability, or inability to read or write.
  688         3. Mark only the number of candidates or issue choices for
  689  a race as indicated on the ballot. If you are allowed to “Vote
  690  for One” candidate and you vote for more than one candidate,
  691  your vote in that race will not be counted.
  692         4. Place your marked ballot in the enclosed secrecy
  693  envelope.
  694         5. Insert the secrecy envelope into the enclosed mailing
  695  envelope which is addressed to the supervisor.
  696         6. Seal the mailing envelope and completely fill out the
  697  Voter’s Certificate on the back of the mailing envelope.
  698         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
  699  be counted, you must sign your name or print the last four
  700  digits of your social security number on the line above (Voter’s
  701  Signature or Last Four Digits of Social Security Number). A
  702  vote-by-mail ballot will be considered illegal and not be
  703  counted if the signature or the last four digits of the social
  704  security number on the voter’s certificate does not match the
  705  signature or social security number on record. The signature on
  706  file at the time the supervisor of elections in the county in
  707  which your precinct is located receives your vote-by-mail ballot
  708  is the signature that will be used to verify your signature on
  709  the voter’s certificate. If you need to update your signature
  710  for this election, send your signature update on a voter
  711  registration application to your supervisor of elections so that
  712  it is received before your vote-by-mail ballot is received.
  713         8. VERY IMPORTANT. If you are an overseas voter, you must
  714  include the date you signed the Voter’s Certificate or printed
  715  the last four digits of your social security number on the line
  716  above (Date) or your ballot may not be counted.
  717         9. Mail, deliver, or have delivered the completed mailing
  718  envelope. Be sure there is sufficient postage if mailed. THE
  719  COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
  720  SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
  721  LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX,
  722  AVAILABLE AT EACH EARLY VOTING LOCATION.
  723         10. FELONY NOTICE. It is a felony under Florida law to
  724  accept any gift, payment, or gratuity in exchange for your vote
  725  for a candidate. It is also a felony under Florida law to vote
  726  in an election using a false identity or false address, or under
  727  any other circumstances making your ballot false or fraudulent.
  728         Section 21. Subsection (1), paragraph (c) of subsection
  729  (2), and paragraphs (a), (b), (c), and (d) of subsection (4) of
  730  section 101.68, Florida Statutes, are amended to read:
  731         101.68 Canvassing of vote-by-mail ballot.—
  732         (1) The supervisor of the county where the absent elector
  733  resides shall receive the voted ballot, at which time the
  734  supervisor shall compare the signature or partial social
  735  security number of the elector on the voter’s certificate with
  736  the signature or partial social security number of the elector
  737  in the registration books or the precinct register to determine
  738  whether the elector is duly registered in the county and may
  739  record on the elector’s registration certificate that the
  740  elector has voted. An elector who dies after casting a vote-by
  741  mail ballot but on or before election day shall remain listed in
  742  the registration books until the results have been certified for
  743  the election in which the ballot was cast. The supervisor shall
  744  safely keep the ballot unopened in his or her office until the
  745  county canvassing board canvasses the vote. Except as provided
  746  in subsection (4), after a vote-by-mail ballot is received by
  747  the supervisor, the ballot is deemed to have been cast, and
  748  changes or additions may not be made to the voter’s certificate.
  749         (2)
  750         (c)1. The canvassing board must, if the supervisor has not
  751  already done so, compare the signature or partial social
  752  security number of the elector on the voter’s certificate or on
  753  the vote-by-mail ballot cure affidavit as provided in subsection
  754  (4) with the signature or partial social security number of the
  755  elector in the registration books or the precinct register to
  756  see that the elector is duly registered in the county and to
  757  determine the legality of that vote-by-mail ballot. A vote-by
  758  mail ballot may only be counted if:
  759         a. The signature or partial social security number on the
  760  voter’s certificate or the cure affidavit matches the elector’s
  761  signature or partial social security number in the registration
  762  books or precinct register; however, in the case of a cure
  763  affidavit, the supporting identification listed in subsection
  764  (4) must also confirm the identity of the elector; or
  765         b. The cure affidavit contains a signature or partial
  766  social security number that does not match the elector’s
  767  signature or partial social security number in the registration
  768  books or precinct register, but the elector has submitted a
  769  current and valid Tier 1 identification pursuant to subsection
  770  (4) which confirms the identity of the elector.
  771  
  772  For purposes of this subparagraph, any canvassing board finding
  773  that an elector’s signatures or partial social security numbers
  774  do not match must be by majority vote and beyond a reasonable
  775  doubt.
  776         2. The ballot of an elector who casts a vote-by-mail ballot
  777  shall be counted even if the elector dies on or before election
  778  day, as long as, before the death of the voter, the ballot was
  779  postmarked by the United States Postal Service, date-stamped
  780  with a verifiable tracking number by a common carrier, or
  781  already in the possession of the supervisor.
  782         3. A vote-by-mail ballot is not considered illegal if the
  783  signature or partial social security number of the elector does
  784  not cross the seal of the mailing envelope.
  785         4. If any elector or candidate present believes that a
  786  vote-by-mail ballot is illegal due to a defect apparent on the
  787  voter’s certificate or the cure affidavit, he or she may, at any
  788  time before the ballot is removed from the envelope, file with
  789  the canvassing board a protest against the canvass of that
  790  ballot, specifying the precinct, the ballot, and the reason he
  791  or she believes the ballot to be illegal. A challenge based upon
  792  a defect in the voter’s certificate or cure affidavit may not be
  793  accepted after the ballot has been removed from the mailing
  794  envelope.
  795         5. If the canvassing board determines that a ballot is
  796  illegal, a member of the board must, without opening the
  797  envelope, mark across the face of the envelope: “rejected as
  798  illegal.” The cure affidavit, if applicable, the envelope, and
  799  the ballot therein shall be preserved in the manner that
  800  official ballots are preserved.
  801         (4)(a) As soon as practicable, the supervisor shall, on
  802  behalf of the county canvassing board, attempt to notify an
  803  elector who has returned a vote-by-mail ballot that does not
  804  include the elector’s signature or partial social security
  805  number or contains a signature or partial social security number
  806  that does not match the elector’s signature or partial social
  807  security number in the registration books or precinct register
  808  by:
  809         1. Notifying the elector of the signature or partial social
  810  security number deficiency by e-mail and directing the elector
  811  to the cure affidavit and instructions on the supervisor’s
  812  website;
  813         2. Notifying the elector of the signature or partial social
  814  security number deficiency by text message and directing the
  815  elector to the cure affidavit and instructions on the
  816  supervisor’s website; or
  817         3. Notifying the elector of the signature or partial social
  818  security number deficiency by telephone and directing the
  819  elector to the cure affidavit and instructions on the
  820  supervisor’s website.
  821  
  822  In addition to the notification required under subparagraph 1.,
  823  subparagraph 2., or subparagraph 3., the supervisor must notify
  824  the elector of the signature or partial social security number
  825  deficiency by first-class mail and direct the elector to the
  826  cure affidavit and instructions on the supervisor’s website.
  827  Beginning the day before the election, the supervisor is not
  828  required to provide notice of the signature deficiency by first
  829  class mail, but shall continue to provide notice as required
  830  under subparagraph 1., subparagraph 2., or subparagraph 3.
  831         (b) The supervisor shall allow a reasonable amount of time
  832  for such an elector to complete and submit an affidavit in order
  833  to cure the vote-by-mail ballot until 5 p.m. on the 2nd day
  834  after the election.
  835         (c) The elector must complete a cure affidavit in
  836  substantially the following form:
  837  
  838                 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT                
  839  
  840         I, ...., am a qualified voter in this election and
  841  registered voter of .... County, Florida. I do solemnly swear or
  842  affirm that I requested and returned the vote-by-mail ballot and
  843  that I have not and will not vote more than one ballot in this
  844  election. I understand that if I commit or attempt any fraud in
  845  connection with voting, vote a fraudulent ballot, or vote more
  846  than once in an election, I may be convicted of a felony of the
  847  third degree and fined up to $5,000 and imprisoned for up to 5
  848  years. I understand that my failure to sign this affidavit means
  849  that my vote-by-mail ballot will be invalidated.
  850  
  851  ...(Voter’s Signature or Last Four Digits of Social Security
  852  Number)...
  853  ...(Address)...
  854  
  855         (d) Instructions must accompany the cure affidavit in
  856  substantially the following form:
  857  
  858         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  859  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  860  BALLOT NOT TO COUNT.
  861  
  862         1. In order to ensure that your vote-by-mail ballot will be
  863  counted, your affidavit should be completed and returned as soon
  864  as possible so that it can reach the supervisor of elections of
  865  the county in which your precinct is located in a reasonable
  866  amount of time no later than 5 p.m. on the 2nd day after the
  867  election.
  868         2. You must sign your name or print the last four digits of
  869  your social security number on the line above (Voter’s Signature
  870  or Last Four Digits of Social Security Number).
  871         3. You must make a copy of one of the following forms of
  872  identification:
  873         a. Tier 1 identification.—Current and valid identification
  874  that includes your name and photograph: Florida driver license;
  875  Florida identification card issued by the Department of Highway
  876  Safety and Motor Vehicles; United States passport; debit or
  877  credit card; military identification; student identification;
  878  retirement center identification; neighborhood association
  879  identification; public assistance identification; veteran health
  880  identification card issued by the United States Department of
  881  Veterans Affairs; a Florida license to carry a concealed weapon
  882  or firearm; or an employee identification card issued by any
  883  branch, department, agency, or entity of the Federal Government,
  884  the state, a county, or a municipality; or
  885         b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
  886  FORM OF IDENTIFICATION, identification that shows your name and
  887  current residence address: current utility bill, bank statement,
  888  government check, paycheck, or government document (excluding
  889  voter information card).
  890         4. Place the envelope bearing the affidavit into a mailing
  891  envelope addressed to the supervisor. Insert a copy of your
  892  identification in the mailing envelope. Mail (if time permits),
  893  deliver, or have delivered the completed affidavit along with
  894  the copy of your identification to your county supervisor of
  895  elections. Be sure there is sufficient postage if mailed and
  896  that the supervisor’s address is correct. Remember, your
  897  information MUST reach your county supervisor of elections in a
  898  reasonable amount of time no later than 5 p.m. on the 2nd day
  899  after the election, or your ballot will not count.
  900         5. Alternatively, you may fax or e-mail your completed
  901  affidavit and a copy of your identification to the supervisor of
  902  elections. If e-mailing, please provide these documents as
  903  attachments.
  904         Section 22. Section 101.6952, Florida Statutes, is amended
  905  to read:
  906         101.6952 Vote-by-mail ballots for absent uniformed services
  907  and overseas voters.—
  908         (1) If an absent uniformed services voter’s or an overseas
  909  voter’s request for an official vote-by-mail ballot pursuant to
  910  s. 101.62 includes an e-mail address, the supervisor of
  911  elections shall:
  912         (a) Record the voter’s e-mail address in the vote-by-mail
  913  ballot record;
  914         (b) Confirm by e-mail that the vote-by-mail ballot request
  915  was received and include in that e-mail the estimated date the
  916  vote-by-mail ballot will be sent to the voter; and
  917         (c) Notify the voter by e-mail when the voted vote-by-mail
  918  ballot is received by the supervisor of elections.
  919         (2)(a) An absent uniformed services voter or an overseas
  920  voter who makes timely application for but does not receive an
  921  official vote-by-mail ballot may use the federal write-in
  922  absentee ballot to vote in any federal, state, or local
  923  election.
  924         (b)1. In an election for federal office, an elector may
  925  designate a candidate by writing the name of a candidate on the
  926  ballot. Except for a primary or special primary election, the
  927  elector may alternatively designate a candidate by writing the
  928  name of a political party on the ballot. A written designation
  929  of the political party shall be counted as a vote for the
  930  candidate of that party if there is such a party candidate in
  931  the race.
  932         2. In a state or local election, an elector may vote in the
  933  section of the federal write-in absentee ballot designated for
  934  nonfederal races by writing on the ballot the title of each
  935  office and by writing on the ballot the name of the candidate
  936  for whom the elector is voting. Except for a primary, special
  937  primary, or nonpartisan election, the elector may alternatively
  938  designate a candidate by writing the name of a political party
  939  on the ballot. A written designation of the political party
  940  shall be counted as a vote for the candidate of that party if
  941  there is such a party candidate in the race. In addition, the
  942  elector may vote on any ballot measure presented in such
  943  election by identifying the ballot measure on which he or she
  944  desires to vote and specifying his or her vote on the measure.
  945  For purposes of this section, a vote cast in a judicial merit
  946  retention election shall be treated in the same manner as a
  947  ballot measure in which the only allowable responses are “Yes”
  948  or “No.”
  949         (c) In the case of a joint candidacy, such as for the
  950  offices of President/Vice President or Governor/Lieutenant
  951  Governor, a valid vote for one or both qualified candidates on
  952  the same ticket shall constitute a vote for the joint candidacy.
  953         (d) For purposes of this subsection and except when the
  954  context clearly indicates otherwise, such as when a candidate in
  955  the election is affiliated with a political party whose name
  956  includes the word “Independent,” “Independence,” or a similar
  957  term, a voter designation of “No Party Affiliation” or
  958  “Independent,” or any minor variation, misspelling, or
  959  abbreviation thereof, shall be considered a designation for the
  960  candidate, other than a write-in candidate, who qualified to run
  961  in the race with no party affiliation. If more than one
  962  candidate qualifies to run as a candidate with no party
  963  affiliation, the designation may not count for any candidate
  964  unless there is a valid, additional designation of the
  965  candidate’s name.
  966         (e) Any abbreviation, misspelling, or other minor variation
  967  in the form of the name of an office, the name of a candidate,
  968  the ballot measure, or the name of a political party must be
  969  disregarded in determining the validity of the ballot.
  970         (3)(a) An absent uniformed services voter or an overseas
  971  voter who submits a federal write-in absentee ballot and later
  972  receives an official vote-by-mail ballot may submit the official
  973  vote-by-mail ballot. An elector who submits a federal write-in
  974  absentee ballot and later receives and submits an official vote
  975  by-mail ballot should make every reasonable effort to inform the
  976  appropriate supervisor of elections that the elector has
  977  submitted more than one ballot.
  978         (b) A federal write-in absentee ballot may not be canvassed
  979  until 7 p.m. on the day of the election. A federal write-in
  980  absentee ballot from an absent overseas voter in a presidential
  981  preference primary or general election may not be canvassed
  982  until the conclusion of the 10-day period specified in
  983  subsection (5). Each federal write-in absentee ballot received
  984  by 7 p.m. on the day of the election shall be canvassed pursuant
  985  to ss. 101.5614(4) and 101.68, unless the elector’s official
  986  vote-by-mail ballot is received by 7 p.m. on election day. Each
  987  federal write-in absentee ballot from an absent overseas voter
  988  in a presidential preference primary or general election
  989  received by 10 days after the date of the election shall be
  990  canvassed pursuant to ss. 101.5614(4) and 101.68, unless the
  991  absent overseas voter’s official vote-by-mail ballot is received
  992  by 10 days after the date of the election. If the elector’s
  993  official vote-by-mail ballot is received by 7 p.m. on election
  994  day, or, for an overseas voter in a presidential preference
  995  primary or general election, no later than 10 days after the
  996  date of the election, the federal write-in absentee ballot is
  997  invalid and the official vote-by-mail ballot shall be canvassed.
  998  The time shall be regulated by the customary time in standard
  999  use in the county seat of the locality.
 1000         (4) For vote-by-mail ballots received from absent uniformed
 1001  services voters or overseas voters, there is a presumption that
 1002  the envelope was mailed on the date stated on the outside of the
 1003  return envelope, regardless of the absence of a postmark on the
 1004  mailed envelope or the existence of a postmark date that is
 1005  later than the date of the election.
 1006         (5) A vote-by-mail ballot from an absent overseas voter in
 1007  any presidential preference primary or general election which is
 1008  postmarked or dated no later than the date of the election and
 1009  is received by the supervisor of elections of the county in
 1010  which the overseas voter is registered no later than 10 days
 1011  after the date of the election shall be counted as long as the
 1012  vote-by-mail ballot is otherwise proper.
 1013         Section 23. Section 101.697, Florida Statutes, is amended
 1014  to read:
 1015         101.697 Electronic transmission of election materials.—
 1016         (1) The Department of State shall determine whether secure
 1017  electronic means can be established for receiving ballots from
 1018  overseas voters. If such security can be established, the
 1019  department shall adopt rules to authorize a supervisor of
 1020  elections to accept from an overseas voter a request for a vote
 1021  by-mail ballot or a voted vote-by-mail ballot by secure
 1022  facsimile machine transmission or other secure electronic means.
 1023  The rules must provide that in order to accept a voted ballot,
 1024  the verification of the voter must be established, the security
 1025  of the transmission must be established, and each ballot
 1026  received must be recorded.
 1027         (2)The Department of State shall determine whether secure
 1028  electronic means can be established for receiving ballots from
 1029  voters for good cause, including during or immediately after an
 1030  emergency as defined in s. 101.732. If such secure electronic
 1031  means can be established, the department shall adopt rules to
 1032  authorize a supervisor of elections to accept from a voter a
 1033  voted ballot by secure facsimile machine transmission or other
 1034  secure electronic means. The rules must provide that in order to
 1035  accept a voted ballot, the verification of the voter must be
 1036  established, the security of the transmission must be
 1037  established, and each ballot received must be recorded. Such a
 1038  ballot may not be accepted by a supervisor of elections except
 1039  upon a determination of good cause by the department.
 1040         Section 24. Subsection (6) is added to section 101.71,
 1041  Florida Statutes, to read:
 1042         101.71 Polling place.—
 1043         (6)A polling place may not be located inside a gated
 1044  community unless the legal residence of every elector in the
 1045  precinct is within such gated community.
 1046         Section 25. Paragraph (e) of subsection (4) of section
 1047  102.031, Florida Statutes, is amended, and subsection (6) is
 1048  added to that section, to read:
 1049         102.031 Maintenance of good order at polls; authorities;
 1050  persons allowed in polling rooms and early voting areas;
 1051  unlawful solicitation of voters.—
 1052         (4)
 1053         (e) A person who is a candidate with opposition in an
 1054  election being canvassed or who is an active participant in the
 1055  campaign or candidacy of any candidate with opposition in the
 1056  election being canvassed may not serve on a county canvassing
 1057  board. The owner, operator, or lessee of the property on which a
 1058  polling place or an early voting site is located, or an agent or
 1059  employee thereof, may not prohibit the solicitation of voters
 1060  outside of the no-solicitation zone during polling hours.
 1061         (6)Bullhorns or other devices used to amplify sound are
 1062  prohibited in close proximity to:
 1063         (a)A polling place during voting hours.
 1064         (b)An office of the supervisor during a recount.
 1065         Section 26. Subsection (2) of section 102.111, Florida
 1066  Statutes, is amended to read:
 1067         102.111 Elections Canvassing Commission.—
 1068         (2) The Elections Canvassing Commission shall meet at 9
 1069  a.m. on the 9th day after a primary election to certify the
 1070  returns for each federal, state, and multicounty office. The
 1071  commission shall meet and at 9 a.m. on the 14th day after a
 1072  general election to certify the returns of the election for each
 1073  federal, state, and multicounty office. The commission shall
 1074  meet at 9 a.m. on the 21st day after a general election to
 1075  certify the returns for each federal and state office. If a
 1076  member of a county canvassing board that was constituted
 1077  pursuant to s. 102.141 determines, within 5 days after the
 1078  certification by the Elections Canvassing Commission, that a
 1079  typographical error occurred in the official returns of the
 1080  county, the correction of which could result in a change in the
 1081  outcome of an election, the county canvassing board must certify
 1082  corrected returns to the Department of State within 24 hours,
 1083  and the Elections Canvassing Commission must correct and
 1084  recertify the election returns as soon as practicable.
 1085         Section 27. Subsection (2) of section 102.112, Florida
 1086  Statutes, is amended to read:
 1087         102.112 Deadline for submission of county returns to the
 1088  Department of State.—
 1089         (2) Returns must be filed by 5 p.m. on the 7th day
 1090  following a primary election, and by noon on the 12th day
 1091  following the general election for multicounty offices, and by
 1092  noon on the 19th day following the general election for federal
 1093  and statewide offices. However, the Department of State may
 1094  correct typographical errors, including the transposition of
 1095  numbers, in any returns submitted to the Department of State
 1096  pursuant to s. 102.111(2).
 1097         Section 28. Section 102.181, Florida Statutes, is created
 1098  to read:
 1099         102.181Action against supervisor of elections.—
 1100         (1)Any elector qualified to vote in or any candidate for
 1101  office in an election may file an action against the supervisor
 1102  of elections administering such election for noncompliance with
 1103  any provision of this code.
 1104         (2)Any elector or candidate who files such an action is
 1105  entitled to an immediate hearing.
 1106         (3)In any such action, any filing fees or costs shall be
 1107  waived and attorney fees shall be awarded to the prevailing
 1108  party or parties.
 1109         Section 29. This act shall take effect July 1, 2020.