Florida Senate - 2021 SB 90
By Senator Baxley
12-00669E-21 202190__
1 A bill to be entitled
2 An act relating to vote-by-mail ballots; amending s.
3 101.62, F.S.; limiting the duration of requests for
4 vote-by-mail ballots to all elections held within a
5 calendar year of a request; amending s. 101.68, F.S.;
6 authorizing the canvassing of vote-by-mail ballots
7 upon the completion of the public preelection testing
8 of automatic tabulating equipment; providing for
9 construction and applicability; providing an effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (a) of subsection (1) of section
15 101.62, Florida Statutes, is amended to read:
16 101.62 Request for vote-by-mail ballots.—
17 (1)(a) The supervisor shall accept a request for a vote-by
18 mail ballot from an elector in person or in writing. One request
19 is shall be deemed sufficient to receive a vote-by-mail ballot
20 for all elections that are held within a calendar year through
21 the end of the calendar year of the second ensuing regularly
22 scheduled general election, unless the elector or the elector’s
23 designee indicates at the time the request is made the elections
24 for which the elector desires to receive a vote-by-mail ballot.
25 Such request may be considered canceled when any first-class
26 mail sent by the supervisor to the elector is returned as
27 undeliverable.
28 Section 2. Paragraph (a) of subsection (2) of section
29 101.68, Florida Statutes, is amended to read:
30 101.68 Canvassing of vote-by-mail ballot.—
31 (2)(a) The county canvassing board may begin the canvassing
32 of vote-by-mail ballots upon the completion of the public
33 testing of automatic tabulating equipment pursuant to s.
34 101.5612(2) at 7 a.m. on the 22nd day before the election, but
35 must begin such canvassing by no not later than noon on the day
36 following the election. In addition, for any county using
37 electronic tabulating equipment, the processing of vote-by-mail
38 ballots through such tabulating equipment may begin at 7 a.m. on
39 the 22nd day before the election. However, notwithstanding any
40 such authorization to begin canvassing or otherwise processing
41 vote-by-mail ballots early, no result shall be released until
42 after the closing of the polls in that county on election day.
43 Any supervisor, deputy supervisor, canvassing board member,
44 election board member, or election employee who releases the
45 results of a canvassing or processing of vote-by-mail ballots
46 prior to the closing of the polls in that county on election day
47 commits a felony of the third degree, punishable as provided in
48 s. 775.082, s. 775.083, or s. 775.084.
49 Section 3. Notwithstanding that an elector has submitted a
50 vote-by-mail ballot request before the effective date of this
51 act initially applicable through the end of the calendar year of
52 the second ensuing regularly scheduled general election, any
53 such elector must affirmatively resubmit a vote-by-mail ballot
54 request following the effective date of this act in order to
55 receive vote-by-mail ballots for the 2022 primary and general
56 elections.
57 Section 4. This act shall take effect July 1, 2021.