Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 90 Ì1377805Î137780 LEGISLATIVE ACTION Senate . House . . . Floor: 11/F/2R . 04/22/2021 12:12 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Cruz moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 919 - 921 4 and insert: 5 Section 21. Section 101.65, Florida Statutes, is amended to 6 read: 7 101.65 Instructions to absent electors.—The supervisor 8 shall enclose with each vote-by-mail ballot separate printed 9 instructions in substantially the following form; however, where 10 the instructions appear in capitalized text, the text of the 11 printed instructions must be in bold font: 12 13 READ THESE INSTRUCTIONS CAREFULLY 14 BEFORE MARKING BALLOT. 15 16 1. VERY IMPORTANT. In order to ensure that your vote-by 17 mail ballot will be counted, it should be completed and returned 18 as soon as possible so that it can reach the supervisor of 19 elections of the county in which your precinct is located no 20 later than 7 p.m. on the day of the election. However, if you 21 are an overseas voter casting a ballot in a presidential 22 preference primary or general election, your vote-by-mail ballot 23 must be postmarked or dated no later than the date of the 24 election and received by the supervisor of elections of the 25 county in which you are registered to vote no later than 10 days 26 after the date of the election. Note that the later you return 27 your ballot, the less time you will have to cure any signature 28 deficiencies, which is authorized until 5 p.m. on the 2nd day 29 after the election. 30 2. Mark your ballot in secret as instructed on the ballot. 31 You must mark your own ballot unless you are unable to do so 32 because of blindness, disability, or inability to read or write. 33 3. Mark only the number of candidates or issue choices for 34 a race as indicated on the ballot. If you are allowed to “Vote 35 for One” candidate and you vote for more than one candidate, 36 your vote in that race will not be counted. 37 4. Place your marked ballot in the enclosed secrecy 38 envelope. 39 5. Insert the secrecy envelope into the enclosed mailing 40 envelope which is addressed to the supervisor. 41 6. Seal the mailing envelope and completely fill out the 42 Voter’s Certificate on the back of the mailing envelope. 43 7. VERY IMPORTANT. In order for your vote-by-mail ballot to 44 be counted, you must sign your name on the line above (Voter’s 45 Signature). A vote-by-mail ballot will be considered illegal and 46 not be counted if the signature on the voter’s certificate does 47 not match the signature on record. The signature on file at the 48 time the supervisor of elections in the county in which your 49 precinct is located receives your vote-by-mail ballot is the 50 signature that will be used to verify your signature on the 51 voter’s certificate. If you need to update your signature for 52 this election, send your signature update on a voter 53 registration application to your supervisor of elections so that 54 it is received before your vote-by-mail ballot is received. 55 8. VERY IMPORTANT. If you are an overseas voter, you must 56 include the date you signed the Voter’s Certificate on the line 57 above (Date) or your ballot may not be counted. 58 9. Mail, deliver, or have delivered the completed mailing 59 envelope.Be sure there is sufficient postage if mailed.THE 60 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE 61 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS 62 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX, 63 AVAILABLE AT EACH EARLY VOTING LOCATION. 64 10. FELONY NOTICE. It is a felony under Florida law to 65 accept any gift, payment, or gratuity in exchange for your vote 66 for a candidate. It is also a felony under Florida law to vote 67 in an election using a false identity or false address, or under 68 any other circumstances making your ballot false or fraudulent. 69 Section 22. Subsection (2) of section 101.6921, Florida 70 Statutes, is amended to read: 71 101.6921 Delivery of special vote-by-mail ballot to certain 72 first-time voters.— 73 (2) The supervisor shall enclose with each vote-by-mail 74 ballot three envelopes: a secrecy envelope, into which the 75 absent elector will enclose his or her marked ballot; an 76 envelope containing the Voter’s Certificate, into which the 77 absent elector shall place the secrecy envelope; and a postage 78 paid mailing envelope, which shall be addressed to the 79 supervisor and into which the absent elector will place the 80 envelope containing the Voter’s Certificate and a copy of the 81 required identification. 82 Section 23. Subsection (2) of section 101.6923, Florida 83 Statutes, is amended to read: 84 101.6923 Special vote-by-mail ballot instructions for 85 certain first-time voters.— 86 (2) A voter covered by this section shall be provided with 87 printed instructions with his or her vote-by-mail ballot in 88 substantially the following form: 89 90 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR 91 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 92 YOUR BALLOT NOT TO COUNT. 93 94 1. In order to ensure that your vote-by-mail ballot will be 95 counted, it should be completed and returned as soon as possible 96 so that it can reach the supervisor of elections of the county 97 in which your precinct is located no later than 7 p.m. on the 98 date of the election. However, if you are an overseas voter 99 casting a ballot in a presidential preference primary or general 100 election, your vote-by-mail ballot must be postmarked or dated 101 no later than the date of the election and received by the 102 supervisor of elections of the county in which you are 103 registered to vote no later than 10 days after the date of the 104 election. 105 2. Mark your ballot in secret as instructed on the ballot. 106 You must mark your own ballot unless you are unable to do so 107 because of blindness, disability, or inability to read or write. 108 3. Mark only the number of candidates or issue choices for 109 a race as indicated on the ballot. If you are allowed to “Vote 110 for One” candidate and you vote for more than one, your vote in 111 that race will not be counted. 112 4. Place your marked ballot in the enclosed secrecy 113 envelope and seal the envelope. 114 5. Insert the secrecy envelope into the enclosed envelope 115 bearing the Voter’s Certificate. Seal the envelope and 116 completely fill out the Voter’s Certificate on the back of the 117 envelope. 118 a. You must sign your name on the line above (Voter’s 119 Signature). 120 b. If you are an overseas voter, you must include the date 121 you signed the Voter’s Certificate on the line above (Date) or 122 your ballot may not be counted. 123 c. A vote-by-mail ballot will be considered illegal and 124 will not be counted if the signature on the Voter’s Certificate 125 does not match the signature on record. The signature on file at 126 the start of the canvass of the vote-by-mail ballots is the 127 signature that will be used to verify your signature on the 128 Voter’s Certificate. If you need to update your signature for 129 this election, send your signature update on a voter 130 registration application to your supervisor of elections so that 131 it is received before your vote-by-mail ballot is received. 132 6. Unless you meet one of the exemptions in Item 7., you 133 must make a copy of one of the following forms of 134 identification: 135 a. Identification which must include your name and 136 photograph: United States passport; debit or credit card; 137 military identification; student identification; retirement 138 center identification; neighborhood association identification; 139 public assistance identification; veteran health identification 140 card issued by the United States Department of Veterans Affairs; 141 a Florida license to carry a concealed weapon or firearm; or an 142 employee identification card issued by any branch, department, 143 agency, or entity of the Federal Government, the state, a 144 county, or a municipality; or 145 b. Identification which shows your name and current 146 residence address: current utility bill, bank statement, 147 government check, paycheck, or government document (excluding 148 voter information card). 149 7. The identification requirements of Item 6. do not apply 150 if you meet one of the following requirements: 151 a. You are 65 years of age or older. 152 b. You have a temporary or permanent physical disability. 153 c. You are a member of a uniformed service on active duty 154 who, by reason of such active duty, will be absent from the 155 county on election day. 156 d. You are a member of the Merchant Marine who, by reason 157 of service in the Merchant Marine, will be absent from the 158 county on election day. 159 e. You are the spouse or dependent of a member referred to 160 in paragraph c. or paragraph d. who, by reason of the active 161 duty or service of the member, will be absent from the county on 162 election day. 163 f. You are currently residing outside the United States. 164 8. Place the envelope bearing the Voter’s Certificate into 165 the mailing envelope addressed to the supervisor. Insert a copy 166 of your identification in the mailing envelope. DO NOT PUT YOUR 167 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR 168 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR 169 BALLOT WILL NOT COUNT. 170 9. Mail, deliver, or have delivered the completed mailing 171 envelope.Be sure there is sufficient postage if mailed.172 10. FELONY NOTICE. It is a felony under Florida law to 173 accept any gift, payment, or gratuity in exchange for your vote 174 for a candidate. It is also a felony under Florida law to vote 175 in an election using a false identity or false address, or under 176 any other circumstances making your ballot false or fraudulent. 177 Section 24. Subsection (1) of section 101.64, Florida 178 Statutes, is amended, and subsection (6) is added to that 179 section, to read: 180 101.64 Delivery of vote-by-mail ballots; envelopes; form.— 181 (1) The supervisor shall enclose with each vote-by-mail 182 ballot two envelopes: a secrecy envelope, into which the absent 183 elector shall enclose his or her marked ballot; and a postage 184 paid mailing envelope, into which the absent elector shall then 185 place the secrecy envelope, which shall be addressed to the 186 supervisor and also bear on the back side a certificate in 187 substantially the following form: 188 189 Note: Please Read Instructions Carefully Before 190 Marking Ballot and Completing Voter’s Certificate. 191 192 VOTER’S CERTIFICATE 193 I, ...., do solemnly swear or affirm that I am a qualified 194 and registered voter of .... County, Florida, and that I have 195 not and will not vote more than one ballot in this election. I 196 understand that if I commit or attempt to commit any fraud in 197 connection with voting, vote a fraudulent ballot, or vote more 198 than once in an election, I can be convicted of a felony of the 199 third degree and fined up to $5,000 and/or imprisoned for up to 200 5 years. I also understand that failure to sign this certificate 201 will invalidate my ballot. 202 ...(Date)... ...(Voter’s Signature)... 203 ...(E-Mail Address)... ...(Home Telephone Number)... 204 ...(Mobile Telephone Number)... 205 206 207 208 ================= T I T L E A M E N D M E N T ================ 209 And the title is amended as follows: 210 Delete line 101 211 and insert: 212 exceptions; amending ss. 101.65, 101.6921, and 213 101.6923, F.S.; requiring the supervisor of elections 214 to enclose a postage paid mailing envelope with each 215 vote-by-mail ballot; conforming provisions to changes 216 made by the act; amending s. 101.64, F.S.; requiring 217 the supervisor of elections to enclose a postage paid 218 mailing envelope with each vote-by-mail ballot; 219 prohibiting the