CS for CS for CS for SB 90                       First Engrossed
       
       
       
       
       
       
       
       
       202190e1
       
    1                        A bill to be entitled                      
    2         An act relating to election administration; amending
    3         s. 97.052, F.S.; revising requirements for the uniform
    4         statewide voter registration application; amending s.
    5         97.0525, F.S.; authorizing an applicant to submit an
    6         online voter registration application using the last
    7         four digits of the applicant’s social security number;
    8         prescribing procedures for applicants who submit an
    9         application using the last four digits of their social
   10         security numbers; specifying additional requirements
   11         for comprehensive risk assessments of the online voter
   12         registration system; amending s. 97.053, F.S.;
   13         revising requirements governing the acceptance of
   14         voter registration applications; amending s. 97.057,
   15         F.S.; requiring the Department of Highway Safety and
   16         Motor Vehicles to assist the Department of State in
   17         identifying certain residence address changes;
   18         requiring the Department of State to report such
   19         changes to supervisors of elections; amending s.
   20         97.0575, F.S.; revising requirements for third-party
   21         voter registration organizations; providing
   22         applicability; revising circumstances under which a
   23         third-party voter registration organization is subject
   24         to fines for violations regarding the delivery of
   25         voter registration applications; revising requirements
   26         for Division of Elections rules governing third-party
   27         voter registration organizations; amending s. 97.0585,
   28         F.S.; deleting an exemption from public records
   29         requirements for information related to a voter
   30         registration applicant’s or voter’s prior felony
   31         conviction and his or her restoration of voting rights
   32         to conform to changes made by the act; amending s.
   33         97.1031, F.S.; revising requirements for notifying the
   34         supervisor of address changes; modifying procedures
   35         for submitting changes of name or party affiliation to
   36         conform to changes made by the act; amending s.
   37         98.0981, F.S.; providing that certain ballot types or
   38         precinct subtotals may not be reported in precinct
   39         level election results; requiring supervisors to post
   40         live turnout data for election day voting and vote-by
   41         mail ballot statistics on their websites; requiring
   42         supervisors to transmit live turnout data to the
   43         Division of Elections; directing the division to
   44         create and maintain a statewide voter turnout
   45         dashboard on its website using such data; amending s.
   46         99.021, F.S.; requiring a person seeking to qualify
   47         for office as a candidate with no party affiliation to
   48         subscribe to an oath or affirmation that he or she is
   49         registered without party affiliation and has not been
   50         a registered member of a political party for a
   51         specified timeframe; amending ss. 99.061 and 99.063,
   52         F.S.; conforming provisions to changes made by the
   53         act; amending s. 101.043, F.S.; deleting a provision
   54         that prohibits the use of an address appearing on
   55         identification presented by an elector at the polls as
   56         a basis to confirm an elector’s legal residence;
   57         deleting a provision that prohibits a clerk or an
   58         inspector from asking an elector to provide additional
   59         identification information under specified
   60         circumstances; amending s. 101.051, F.S.; prohibiting
   61         certain solicitation of voters at drop box locations;
   62         increasing the no-solicitation zone surrounding a drop
   63         box location or the entrance of a polling place or an
   64         early voting site wherein certain activities are
   65         prohibited; amending s. 101.545, F.S.; requiring
   66         ballots, forms, and election materials to be retained
   67         for a specified minimum timeframe following an
   68         election; amending s. 101.5605, F.S.; revising the
   69         timeframe within which the department must approve or
   70         disapprove a voting system submitted for
   71         certification; amending s. 101.5614, F.S.; revising
   72         requirements for making true duplicate copies of vote
   73         by-mail ballots under certain circumstances; requiring
   74         that an observer of the duplication of ballots be
   75         provided certain allowances; requiring the canvassing
   76         board to take certain action in response to an
   77         objection to a ballot duplicate; amending s. 101.591,
   78         F.S.; revising the timeframe and requirements for the
   79         voting systems audit report submitted to the
   80         department; amending s. 101.595, F.S.; requiring a
   81         specified report regarding overvotes and undervotes to
   82         be submitted with the voting systems audit report;
   83         revising the date by which the department must submit
   84         the report to the Governor and Legislature; amending
   85         s. 101.62, F.S.; limiting the duration of requests for
   86         vote-by-mail ballots to all elections through the end
   87         of the calendar year of the next regularly scheduled
   88         general election; specifying applicability; requiring
   89         certain vote-by-mail ballot requests to include
   90         additional identifying information regarding the
   91         requesting elector; requiring supervisors of elections
   92         to record whether a voter’s certificate on a vote-by
   93         mail ballot has a mismatched signature; revising the
   94         definition of the term “immediate family” to conform
   95         to changes made by the act; prohibiting counties,
   96         municipalities, and state agencies from sending vote
   97         by-mail ballots to voters absent a request; providing
   98         exceptions; amending s. 101.64, F.S.; prohibiting the
   99         display of an absent elector’s party affiliation or
  100         other partisan information on the outside of vote-by
  101         mail ballots and return and secrecy envelopes;
  102         amending s. 101.68, F.S.; specifying that the
  103         supervisor may not use any knowledge of a voter’s
  104         party affiliation during the signature comparison
  105         process; authorizing the canvassing of vote-by-mail
  106         ballots upon the completion of the public preelection
  107         testing of automatic tabulating equipment; amending s.
  108         101.69, F.S.; revising requirements governing the
  109         placement and supervision of secure drop boxes for the
  110         return of vote-by-mail ballots; requiring the
  111         supervisor to designate drop box locations in advance
  112         of an election; prohibiting changes in drop box
  113         locations for an election after their initial
  114         designation; specifying requirements regarding the
  115         retrieval of vote-by-mail ballots returned in a drop
  116         box; providing that the supervisor is subject to a
  117         civil penalty for certain violations regarding drop
  118         boxes; amending s. 102.031, F.S.; prohibiting certain
  119         solicitation activities within a specified area
  120         surrounding a drop box; revising the definition of
  121         “solicit” and “solicitation” to include the giving, or
  122         attempting to give, any item to a voter by certain
  123         persons; providing for construction; restricting
  124         certain persons from prohibiting the solicitation of
  125         voters by a candidate or a candidate’s designee
  126         outside of the no-solicitation zone; amending s.
  127         102.141, F.S.; requiring the names of canvassing board
  128         members be published on the supervisor’s website
  129         before the tabulation of any vote-by-mail ballots in
  130         an election; authorizing each political party and
  131         candidate to have one watcher at canvassing board
  132         meetings within a distance that allows him or her to
  133         directly observe proceedings; requiring additional
  134         information be included in public notices of
  135         canvassing board meetings; amending s. 104.0616, F.S.;
  136         revising the definition of “immediate family”;
  137         prohibiting any person from distributing, ordering,
  138         requesting, collecting, delivering, or otherwise
  139         physically possessing more than two vote-by-mail
  140         ballots of other electors per election, not including
  141         immediate family members; providing exceptions;
  142         providing a penalty; providing effective dates.
  143          
  144  Be It Enacted by the Legislature of the State of Florida:
  145  
  146         Section 1. Paragraph (t) of subsection (2) of section
  147  97.052, Florida Statutes, is amended to read:
  148         97.052 Uniform statewide voter registration application.—
  149         (2) The uniform statewide voter registration application
  150  must be designed to elicit the following information from the
  151  applicant:
  152         (t)1. Whether the applicant has never been convicted of a
  153  felony and, if convicted, has had his or her voting rights
  154  restored by including the statement “I affirm that I am not a
  155  convicted felon or, if I am, my right to vote has been restored
  156  I have never been convicted of a felony.” and providing a box
  157  for the applicant to check to affirm the statement.
  158         2. Whether the applicant has been convicted of a felony,
  159  and if convicted, has had his or her civil rights restored
  160  through executive clemency, by including the statement “If I
  161  have been convicted of a felony, I affirm my voting rights have
  162  been restored by the Board of Executive Clemency.” and providing
  163  a box for the applicant to check to affirm the statement.
  164         3. Whether the applicant has been convicted of a felony
  165  and, if convicted, has had his or her voting rights restored
  166  pursuant s. 4, Art. VI of the State Constitution, by including
  167  the statement “If I have been convicted of a felony, I affirm my
  168  voting rights have been restored pursuant to s. 4, Art. VI of
  169  the State Constitution upon the completion of all terms of my
  170  sentence, including parole or probation.” and providing a box
  171  for the applicant to check to affirm the statement.
  172         Section 2. Effective July 1, 2022, subsections (1) through
  173  (4) of section 97.0525, Florida Statutes, are amended to read:
  174         97.0525 Online voter registration.—
  175         (1) Beginning October 1, 2017, An applicant may submit an
  176  online voter registration application using the procedures set
  177  forth in this section.
  178         (2) The division shall establish and maintain a secure
  179  Internet website that safeguards an applicant’s information to
  180  ensure data integrity and permits an applicant to:
  181         (a) Submit a voter registration application, including
  182  first-time voter registration applications and updates to
  183  current voter registration records.
  184         (b) Submit information necessary to establish an
  185  applicant’s eligibility to vote, pursuant to s. 97.041, which
  186  includes the information required for the uniform statewide
  187  voter registration application pursuant to s. 97.052(2).
  188         (c) Swear to the oath required pursuant to s. 97.051.
  189         (3)(a) The online voter registration system must shall
  190  comply with the information technology security provisions of s.
  191  282.318 and must shall use a unique identifier for each
  192  applicant to prevent unauthorized persons from altering a
  193  voter’s registration information. For an applicant to update his
  194  or her voter registration record, he or she must provide his or
  195  her date of birth and either his or her Florida driver license
  196  number or the identification number from a Florida
  197  identification card issued under s. 322.051 or the last four
  198  digits of his or her social security number if the applicant has
  199  not been issued a Florida driver license or identification card.
  200         (b) The division shall conduct a comprehensive risk
  201  assessment of the online voter registration system before making
  202  the system publicly available and every 2 years thereafter. The
  203  comprehensive risk assessment must comply with the risk
  204  assessment methodology developed by the Department of Management
  205  Services for identifying security risks, determining the
  206  magnitude of such risks, and identifying areas that require
  207  safeguards. In addition, the comprehensive risk assessment must
  208  incorporate all of the following:
  209         1. Load testing and stress testing to ensure that the
  210  online voter registration system has sufficient capacity to
  211  accommodate foreseeable use, including during periods of high
  212  volume of website users in the week immediately preceding the
  213  book-closing deadline for an election.
  214         2. Screening of computers and networks used to support the
  215  online voter registration system for malware and other
  216  vulnerabilities.
  217         3. Evaluation of database infrastructure, including
  218  software and operating systems, in order to fortify defenses
  219  against cyberattacks.
  220         4. Identification of any anticipated threats to the
  221  security and integrity of data collected, maintained, received,
  222  or transmitted by the online voter registration system.
  223         (4)(a) In order to submit a voter registration application
  224  through the online voter registration system, an applicant must
  225  provide his or her Florida driver license number or the
  226  identification number from a Florida identification card issued
  227  under s. 322.051; or if an applicant has not been issued a
  228  Florida driver license or Florida identification card, he or she
  229  must provide the last four digits of the applicant’s social
  230  security number.
  231         (b)1.If the applicant has submitted his or her Florida
  232  driver license number or the identification number from a
  233  Florida identification card with a voter registration
  234  application, the online voter registration system shall compare
  235  the Florida driver license number or Florida identification
  236  number submitted pursuant to s. 97.052(2)(n) with information
  237  maintained by the Department of Highway Safety and Motor
  238  Vehicles to confirm that the name and date of birth on the
  239  application are consistent with the records of the Department of
  240  Highway Safety and Motor Vehicles.
  241         2.(b) If the applicant’s name and date of birth are
  242  consistent with the records of the Department of Highway Safety
  243  and Motor Vehicles, the online voter registration system shall
  244  transmit, using the statewide voter registration system
  245  maintained pursuant to s. 98.035, the applicant’s registration
  246  application, along with the digital signature of the applicant
  247  on file with the Department of Highway Safety and Motor
  248  Vehicles, to the supervisor of elections. The applicant’s
  249  digital signature satisfies the signature requirement of s.
  250  97.052(2)(q).
  251         (c)1. If the applicant has submitted the last four digits
  252  of his or her social security number, the online voter
  253  registration system must verify the last four digits of the
  254  social security number in accordance with s. 97.053(6).
  255         2. If the last four digits of the applicant’s social
  256  security number are verified pursuant to s. 97.053(6), the
  257  online voter registration system shall transmit, using the
  258  statewide voter registration system maintained pursuant to s.
  259  98.035, the applicant’s registration application to the
  260  supervisor of elections.
  261         (d) If the applicant’s name and date of birth cannot be
  262  verified by the records of the Department of Highway Safety and
  263  Motor Vehicles, or if the last four digits of the applicant’s
  264  social security number cannot be verified applicant indicated
  265  that he or she has not been issued a Florida driver license or
  266  Florida identification card, the online voter registration
  267  system shall populate the applicant’s information into a
  268  printable voter registration application pursuant to s.
  269  97.052(2) and direct the applicant to print, sign, and date the
  270  application and deliver the application to the supervisor of
  271  elections for disposition pursuant to s. 97.073.
  272         Section 3. Paragraph (a) of subsection (5) and subsection
  273  (6) of section 97.053, Florida Statutes, are amended to read:
  274         97.053 Acceptance of voter registration applications.—
  275         (5)(a) A voter registration application is complete if it
  276  contains the following information necessary to establish the
  277  applicant’s eligibility pursuant to s. 97.041, including:
  278         1. The applicant’s name.
  279         2. The applicant’s address of legal residence, including a
  280  distinguishing apartment, suite, lot, room, or dormitory room
  281  number or other identifier, if appropriate. Failure to include a
  282  distinguishing apartment, suite, lot, room, or dormitory room or
  283  other identifier on a voter registration application does not
  284  impact a voter’s eligibility to register to vote or cast a
  285  ballot, and such an omission may not serve as the basis for a
  286  challenge to a voter’s eligibility or reason to not count a
  287  ballot.
  288         3. The applicant’s date of birth.
  289         4. A mark in the checkbox affirming that the applicant is a
  290  citizen of the United States.
  291         5.a. The applicant’s current and valid Florida driver
  292  license number or the identification number from a Florida
  293  identification card issued under s. 322.051, or
  294         b. If the applicant has not been issued a current and valid
  295  Florida driver license or a Florida identification card, the
  296  last four digits of the applicant’s social security number.
  297  
  298  In case an applicant has not been issued a current and valid
  299  Florida driver license, Florida identification card, or social
  300  security number, the applicant shall affirm this fact in the
  301  manner prescribed in the uniform statewide voter registration
  302  application.
  303         6. A mark in the applicable checkbox affirming that the
  304  applicant has not been convicted of a felony or that, if
  305  convicted, has had his or her civil rights restored through
  306  executive clemency, or has had his or her voting rights restored
  307  pursuant to s. 4, Art. VI of the State Constitution.
  308         7. A mark in the checkbox affirming that the applicant has
  309  not been adjudicated mentally incapacitated with respect to
  310  voting or that, if so adjudicated, has had his or her right to
  311  vote restored.
  312         8. The original signature or a digital signature
  313  transmitted by the Department of Highway Safety and Motor
  314  Vehicles of the applicant swearing or affirming under the
  315  penalty for false swearing pursuant to s. 104.011 that the
  316  information contained in the registration application is true
  317  and subscribing to the oath required by s. 3, Art. VI of the
  318  State Constitution and s. 97.051.
  319         (6) A voter registration application, including an
  320  application with a change in name, address, or party
  321  affiliation, may be accepted as valid only after the department
  322  has verified the authenticity or nonexistence of the driver
  323  license number, the Florida identification card number, or the
  324  last four digits of the social security number provided by the
  325  applicant. If a completed voter registration application has
  326  been received by the book-closing deadline but the driver
  327  license number, the Florida identification card number, or the
  328  last four digits of the social security number provided by the
  329  applicant cannot be verified, the applicant shall be notified
  330  that the number cannot be verified and that the applicant must
  331  provide evidence to the supervisor sufficient to verify the
  332  authenticity of the applicant’s driver license number, Florida
  333  identification card number, or last four digits of the social
  334  security number. If the applicant provides the necessary
  335  evidence, the supervisor shall place the applicant’s name on the
  336  registration rolls as an active voter. If the applicant has not
  337  provided the necessary evidence or the number has not otherwise
  338  been verified prior to the applicant presenting himself or
  339  herself to vote, the applicant shall be provided a provisional
  340  ballot. The provisional ballot shall be counted only if the
  341  number is verified by the end of the canvassing period or if the
  342  applicant presents evidence to the supervisor of elections
  343  sufficient to verify the authenticity of the applicant’s driver
  344  license number, Florida identification card number, or last four
  345  digits of the social security number no later than 5 p.m. of the
  346  second day following the election.
  347         Section 4. Subsection (13) is added to section 97.057,
  348  Florida Statutes, to read:
  349         97.057 Voter registration by the Department of Highway
  350  Safety and Motor Vehicles.—
  351         (13) The Department of Highway Safety and Motor Vehicles
  352  must assist the Department of State in regularly identifying
  353  changes in residence address on the driver license or
  354  identification card of a voter. The Department of State must
  355  report each such change to the appropriate supervisor of
  356  elections, who must change the voter’s registration records in
  357  accordance with s. 98.065(4).
  358         Section 5. Paragraphs (c) and (d) of subsection (1),
  359  paragraph (a) of subsection (3), and subsection (5) of section
  360  97.0575, Florida Statutes, are amended to read:
  361         97.0575 Third-party voter registrations.—
  362         (1) Before engaging in any voter registration activities, a
  363  third-party voter registration organization must register and
  364  provide to the division, in an electronic format, the following
  365  information:
  366         (c) The names, permanent addresses, and temporary
  367  addresses, if any, of each registration agent registering
  368  persons to vote in this state on behalf of the organization.
  369  This paragraph does not apply to persons who only solicit
  370  applications and do not collect or handle voter registration
  371  applications.
  372         (d) A sworn statement from each registration agent employed
  373  by or volunteering for the organization stating that the agent
  374  will obey all state laws and rules regarding the registration of
  375  voters. Such statement must be on a form containing notice of
  376  applicable penalties for false registration.
  377         (3)(a) A third-party voter registration organization that
  378  collects voter registration applications serves as a fiduciary
  379  to the applicant, ensuring that any voter registration
  380  application entrusted to the organization, irrespective of party
  381  affiliation, race, ethnicity, or gender, must shall be promptly
  382  delivered to the division or the supervisor of elections in the
  383  county in which the applicant resides within 14 days after the
  384  applicant completes it, but not after registration closes for
  385  the next ensuing election. A third-party voter registration
  386  organization must notify the applicant at the time the
  387  application is collected that the organization might not deliver
  388  the application to the division or the supervisor of elections
  389  in less than 14 days or before registration closes for the next
  390  ensuing election and must advise the applicant that he or she
  391  may deliver the application in person or by mail. The third
  392  party voter registration organization must also inform the
  393  applicant how to register online with the division and how to
  394  determine whether the application has been delivered 48 hours
  395  after the applicant completes it or the next business day if the
  396  appropriate office is closed for that 48-hour period. If a voter
  397  registration application collected by any third-party voter
  398  registration organization is not promptly delivered to the
  399  division or supervisor of elections, the third-party voter
  400  registration organization is liable for the following fines:
  401         1. A fine in the amount of $50 for each application
  402  received by the division or the supervisor of elections in the
  403  county in which the applicant resides more than 14 days 48 hours
  404  after the applicant delivered the completed voter registration
  405  application to the third-party voter registration organization
  406  or any person, entity, or agent acting on its behalf or the next
  407  business day, if the office is closed. A fine in the amount of
  408  $250 for each application received if the third-party voter
  409  registration organization or person, entity, or agency acting on
  410  its behalf acted willfully.
  411         2. A fine in the amount of $100 for each application
  412  collected by a third-party voter registration organization or
  413  any person, entity, or agent acting on its behalf, before book
  414  closing for any given election for federal or state office and
  415  received by the division or the supervisor of elections in the
  416  county in which the applicant resides after the book-closing
  417  deadline for such election. A fine in the amount of $500 for
  418  each application received if the third-party registration
  419  organization or person, entity, or agency acting on its behalf
  420  acted willfully.
  421         3. A fine in the amount of $500 for each application
  422  collected by a third-party voter registration organization or
  423  any person, entity, or agent acting on its behalf, which is not
  424  submitted to the division or supervisor of elections in the
  425  county in which the applicant resides. A fine in the amount of
  426  $1,000 for any application not submitted if the third-party
  427  voter registration organization or person, entity, or agency
  428  acting on its behalf acted willfully.
  429  
  430  The aggregate fine pursuant to this paragraph which may be
  431  assessed against a third-party voter registration organization,
  432  including affiliate organizations, for violations committed in a
  433  calendar year is $1,000.
  434         (5) The division shall adopt by rule a form to elicit
  435  specific information concerning the facts and circumstances from
  436  a person who claims to have been registered to vote by a third
  437  party voter registration organization but who does not appear as
  438  an active voter on the voter registration rolls. The division
  439  shall also adopt rules to ensure the integrity of the
  440  registration process, including controls to ensure that all
  441  completed forms are promptly delivered to the division or an
  442  appropriate supervisor rules requiring third-party voter
  443  registration organizations to account for all state and federal
  444  registration forms used by their registration agents. Such rules
  445  may require an organization to provide organization and form
  446  specific identification information on each form as determined
  447  by the department as needed to assist in the accounting of state
  448  and federal registration forms.
  449         Section 6. Paragraphs (d), (e), and (f) of subsection (1)
  450  of section 97.0585, Florida Statutes, are amended to read:
  451         97.0585 Public records exemption; information regarding
  452  voters and voter registration; confidentiality.—
  453         (1) The following information held by an agency, as defined
  454  in s. 119.011, and obtained for the purpose of voter
  455  registration is confidential and exempt from s. 119.07(1) and s.
  456  24(a), Art. I of the State Constitution and may be used only for
  457  purposes of voter registration:
  458         (d) Information related to a voter registration applicant’s
  459  or voter’s prior felony conviction and whether such person has
  460  had his or her voting rights restored by the Board of Executive
  461  Clemency or pursuant to s. 4, Art. VI of the State Constitution.
  462         (e) All information concerning preregistered voter
  463  registration applicants who are 16 or 17 years of age.
  464         (e)(f)Paragraph (d) is Paragraphs (d) and (e) are subject
  465  to the Open Government Sunset Review Act in accordance with s.
  466  119.15 and shall stand repealed on October 2, 2024, unless
  467  reviewed and saved from repeal through reenactment by the
  468  Legislature.
  469         Section 7. Paragraph (b) of subsection (1) and subsection
  470  (2) of section 97.1031, Florida Statutes, are amended to read:
  471         97.1031 Notice of change of residence, change of name, or
  472  change of party affiliation.—
  473         (1)
  474         (b) If the address change is within the state and notice is
  475  provided to the supervisor of elections of the county where the
  476  elector has moved, the elector may do so by:
  477         1. Contacting the supervisor of elections via telephone or
  478  electronic means, in which case the elector must provide his or
  479  her date of birth and either his or her Florida driver license
  480  number or the identification number from a Florida
  481  identification card issued under s. 322.051 or the last four
  482  digits of the his or her social security number if the elector
  483  has not been issued a Florida driver license or identification
  484  card; or
  485         2. Submitting the change on a voter registration
  486  application or other signed written notice.
  487         (2) When an elector seeks to change party affiliation, the
  488  elector shall notify his or her supervisor of elections or other
  489  voter registration official by submitting a voter registration
  490  application or other using a signed written notice that contains
  491  the elector’s date of birth or voter registration number and
  492  either his or her Florida driver license number or the
  493  identification number from a Florida identification card issued
  494  under s. 322.051 or the last four digits of his or her social
  495  security number if the elector has not been issued a Florida
  496  driver license or identification card. When an elector changes
  497  his or her name by marriage or other legal process, the elector
  498  shall notify his or her supervisor of elections or other voter
  499  registration official by submitting a voter registration
  500  application or other using a signed written notice that contains
  501  the elector’s date of birth or voter’s registration number and
  502  either his or her Florida driver license number or the
  503  identification number from a Florida identification card issued
  504  under s. 322.051 or the last four digits of his or her social
  505  security number if the elector has not been issued a Florida
  506  driver license or identification card.
  507         Section 8. Present subsections (4) and (5) of section
  508  98.0981, Florida Statutes, are redesignated as subsections (5)
  509  and (6), respectively, a new subsection (4) is added to that
  510  section, and paragraph (a) of subsection (2) of that section is
  511  amended, to read:
  512         98.0981 Reports; voting history; statewide voter
  513  registration system information; precinct-level election
  514  results; book closing statistics; live turnout data.—
  515         (2) PRECINCT-LEVEL ELECTION RESULTS.—
  516         (a) Within 30 days after certification by the Elections
  517  Canvassing Commission of a presidential preference primary
  518  election, special election, primary election, or general
  519  election, the supervisors of elections shall collect and submit
  520  to the department precinct-level election results for the
  521  election in a uniform electronic format specified by paragraph
  522  (c). The precinct-level election results shall be compiled
  523  separately for the primary or special primary election that
  524  preceded the general or special general election, respectively.
  525  The results shall specifically include for each precinct the
  526  total of all ballots cast for each candidate or nominee to fill
  527  a national, state, county, or district office or proposed
  528  constitutional amendment, with subtotals for each candidate and
  529  ballot type. However, ballot type or precinct subtotals in a
  530  race or question having fewer than 30 voters voting on the
  531  ballot type or in the precinct may not be reported in precinct
  532  results, unless fewer than 30 voters voted a ballot type. “All
  533  ballots cast” means ballots cast by voters who cast a ballot
  534  whether at a precinct location, by vote-by-mail ballot including
  535  overseas vote-by-mail ballots, during the early voting period,
  536  or by provisional ballot.
  537         (4) LIVE TURNOUT DATA.—
  538         (a) Supervisors of elections shall make live voter turnout
  539  data on election day available on their respective websites. At
  540  a minimum, a supervisor must post updated turnout data on their
  541  website at 8 a.m., 2 p.m., and 6 p.m. on election day. The
  542  supervisors shall transmit the turnout data to the division,
  543  which must create and maintain a real-time statewide turnout
  544  dashboard that is available for viewing by the public on its
  545  website as the data becomes available.
  546         (b) For each election, supervisors of elections shall make
  547  available on their respective websites the number of vote-by
  548  mail ballots requested, the number of completed vote-by-mail
  549  ballots received, and the number of vote-by-mail ballots not yet
  550  tabulated. Such information must be updated daily.
  551         Section 9. Present paragraph (c) of subsection (1) of
  552  section 99.021, Florida Statutes, is redesignated as paragraph
  553  (d), and a new paragraph (c) is added to that subsection, to
  554  read:
  555         99.021 Form of candidate oath.—
  556         (1)
  557         (c) In addition, any person seeking to qualify for office
  558  as a candidate with no party affiliation shall, at the time of
  559  subscribing to the oath or affirmation, state in writing that he
  560  or she is registered without any party affiliation and that he
  561  or she has not been a registered member of any political party
  562  for 365 days before the beginning of qualifying preceding the
  563  general election for which the person seeks to qualify.
  564         Section 10. Paragraph (a) of subsection (7) of section
  565  99.061, Florida Statutes, is amended to read:
  566         99.061 Method of qualifying for nomination or election to
  567  federal, state, county, or district office.—
  568         (7)(a) In order for a candidate to be qualified, the
  569  following items must be received by the filing officer by the
  570  end of the qualifying period:
  571         1. A properly executed check drawn upon the candidate’s
  572  campaign account payable to the person or entity as prescribed
  573  by the filing officer in an amount not less than the fee
  574  required by s. 99.092, unless the candidate obtained the
  575  required number of signatures on petitions pursuant to s.
  576  99.095. The filing fee for a special district candidate is not
  577  required to be drawn upon the candidate’s campaign account. If a
  578  candidate’s check is returned by the bank for any reason, the
  579  filing officer shall immediately notify the candidate and the
  580  candidate shall have until the end of qualifying to pay the fee
  581  with a cashier’s check purchased from funds of the campaign
  582  account. Failure to pay the fee as provided in this subparagraph
  583  shall disqualify the candidate.
  584         2. The candidate’s oath required by s. 99.021, which must
  585  contain the name of the candidate as it is to appear on the
  586  ballot; the office sought, including the district or group
  587  number if applicable; and the signature of the candidate, which
  588  must be verified under oath or affirmation pursuant to s.
  589  92.525(1)(a).
  590         3. If the office sought is partisan, the written statement
  591  of political party affiliation required by s. 99.021(1)(b); or
  592  if the candidate is running without party affiliation for a
  593  partisan office, the written statement required by s.
  594  99.021(1)(c).
  595         4. The completed form for the appointment of campaign
  596  treasurer and designation of campaign depository, as required by
  597  s. 106.021.
  598         5. The full and public disclosure or statement of financial
  599  interests required by subsection (5). A public officer who has
  600  filed the full and public disclosure or statement of financial
  601  interests with the Commission on Ethics or the supervisor of
  602  elections prior to qualifying for office may file a copy of that
  603  disclosure at the time of qualifying.
  604         Section 11. Paragraph (b) of subsection (2) of section
  605  99.063, Florida Statutes, is amended to read:
  606         99.063 Candidates for Governor and Lieutenant Governor.—
  607         (2) No later than 5 p.m. of the 9th day following the
  608  primary election, each designated candidate for Lieutenant
  609  Governor shall file with the Department of State:
  610         (b) If the office sought is partisan, the written statement
  611  of political party affiliation required by s. 99.021(1)(b); or
  612  if the office sought is without party affiliation, the written
  613  statement required by s. 99.021(1)(c).
  614         Section 12. Paragraphs (b) and (c) of subsection (1) of
  615  section 101.043, Florida Statutes, are amended to read:
  616         101.043 Identification required at polls.—
  617         (1)
  618         (b) If the picture identification does not contain the
  619  signature of the elector, an additional identification that
  620  provides the elector’s signature shall be required. The address
  621  appearing on the identification presented by the elector may not
  622  be used as the basis to confirm an elector’s legal residence or
  623  otherwise challenge an elector’s legal residence. The elector
  624  shall sign his or her name in the space provided on the precinct
  625  register or on an electronic device provided for recording the
  626  elector’s signature. The clerk or inspector shall compare the
  627  signature with that on the identification provided by the
  628  elector and enter his or her initials in the space provided on
  629  the precinct register or on an electronic device provided for
  630  that purpose and allow the elector to vote if the clerk or
  631  inspector is satisfied as to the identity of the elector.
  632         (c) When an elector presents his or her picture
  633  identification to the clerk or inspector and the elector’s
  634  address on the picture identification matches the elector’s
  635  address in the supervisor’s records, the elector may not be
  636  asked to provide additional information or to recite his or her
  637  home address.
  638         Section 13. Subsections (2) and (5) of section 101.051,
  639  Florida Statutes, are amended to read:
  640         101.051 Electors seeking assistance in casting ballots;
  641  oath to be executed; forms to be furnished.—
  642         (2) It is unlawful for any person to be in the voting booth
  643  with any elector except as provided in subsection (1). A person
  644  at a polling place, a drop box location, or an early voting
  645  site, or within 150 100 feet of a drop box location or the
  646  entrance of a polling place or an early voting site, may not
  647  solicit any elector in an effort to provide assistance to vote
  648  pursuant to subsection (1). Any person who violates this
  649  subsection commits a misdemeanor of the first degree, punishable
  650  as provided in s. 775.082 or s. 775.083.
  651         (5) If an elector needing assistance requests that a person
  652  other than an election official provide him or her with
  653  assistance in voting, the clerk or one of the inspectors shall
  654  require the person providing assistance to take the following
  655  oath:
  656  
  657                  DECLARATION TO PROVIDE ASSISTANCE                
  658  
  659  State of Florida
  660  County of ....
  661  Date ....
  662  Precinct ....
  663  
  664         I, ...(Print name)..., have been requested by ...(print
  665  name of elector needing assistance)... to provide him or her
  666  with assistance to vote. I swear or affirm that I am not the
  667  employer, an agent of the employer, or an officer or agent of
  668  the union of the voter and that I have not solicited this voter
  669  at the polling place, drop box location, or early voting site or
  670  within 150 100 feet of such locations in an effort to provide
  671  assistance.
  672  
  673  ...(Signature of assistor)...
  674  
  675  Sworn and subscribed to before me this .... day of ....,
  676  ...(year)....
  677  
  678         ...(Signature of Official Administering Oath)...
  679         Section 14. Section 101.545, Florida Statutes, is amended
  680  to read:
  681         101.545 Retention and destruction of certain election
  682  materials.—All ballots, forms, and other election materials
  683  shall be retained in the custody of the supervisor of elections
  684  for a minimum of 22 months after an election and in accordance
  685  with the schedule approved by the Division of Library and
  686  Information Services of the Department of State. All unused
  687  ballots, forms, and other election materials may, with the
  688  approval of the Department of State, be destroyed by the
  689  supervisor after the election for which such ballots, forms, or
  690  other election materials were to be used.
  691         Section 15. Paragraph (d) of subsection (2) of section
  692  101.5605, Florida Statutes, is amended to read:
  693         101.5605 Examination and approval of equipment.—
  694         (2)
  695         (d) The Department of State shall approve or disapprove any
  696  voting system submitted to it within 120 90 days after the date
  697  of its initial submission.
  698         Section 16. Paragraph (a) of subsection (4) of section
  699  101.5614, Florida Statutes, is amended to read:
  700         101.5614 Canvass of returns.—
  701         (4)(a) If any vote-by-mail ballot is physically damaged so
  702  that it cannot properly be counted by the voting system’s
  703  automatic tabulating equipment, a true duplicate copy shall be
  704  made of the damaged ballot in an open and accessible room in the
  705  presence of witnesses and substituted for the damaged ballot.
  706  Likewise, a duplicate ballot shall be made of a vote-by-mail
  707  ballot containing an overvoted race or a marked vote-by-mail
  708  ballot containing an undervoted race, if there is a clear
  709  indication on the ballot that the voter has made a definite
  710  choice in the overvoted or undervoted race or ballot measure. A
  711  duplicate in which every race is undervoted which shall include
  712  all valid votes as determined by the canvassing board based on
  713  rules adopted by the division pursuant to s. 102.166(4). A
  714  duplicate may not include a vote if the voter’s intent in such
  715  race or on such ballot measure is not clear in which every race
  716  is undervoted which shall include all valid votes as determined
  717  by the canvassing board based on rules adopted by the division
  718  pursuant to s. 102.166(4). Upon request, a physically present
  719  candidate, a political party official, a political committee
  720  official, or an authorized designee thereof, must be allowed to
  721  observe the duplication of ballots. The observer must be able to
  722  observe the duplication of ballots in such a way that the
  723  observer is able to see the markings on each ballot and the
  724  duplication taking place. All duplicate ballots must shall be
  725  clearly labeled “duplicate,” bear a serial number which shall be
  726  recorded on the defective ballot, and be counted in lieu of the
  727  defective ballot. After a ballot has been duplicated, the
  728  defective ballot shall be placed in an envelope provided for
  729  that purpose, and the duplicate ballot shall be tallied with the
  730  other ballots for that precinct. Upon reasonable objection by an
  731  observer to a duplicate of a ballot, the ballot must be
  732  presented to the canvassing board for a determination of the
  733  validity of the duplicate. The canvassing board must document
  734  the serial number of the ballot in the canvassing board’s
  735  minutes. The canvassing board must decide whether the
  736  duplication is valid. If the duplicate ballot is determined to
  737  be valid, the duplicate ballot must be counted. If the duplicate
  738  ballot is determined to be invalid, the duplicate ballot must be
  739  rejected and a proper duplicate ballot must be made and counted
  740  in lieu of the original.
  741         Section 17. Subsection (5) of section 101.591, Florida
  742  Statutes, is amended to read:
  743         101.591 Voting system audit.—
  744         (5) By December 15 of each general election year Within 15
  745  days after completion of the audit, the county canvassing board
  746  or the board responsible for certifying the election shall
  747  provide a report with the results of the audit to the Department
  748  of State in a standard format as prescribed by the department.
  749  The report must be consolidated into one report with the
  750  overvote and undervote report required under s. 101.595(1). The
  751  report shall contain, but is not limited to, the following
  752  items:
  753         (a) The overall accuracy of audit.
  754         (b) A description of any problems or discrepancies
  755  encountered.
  756         (c) The likely cause of such problems or discrepancies.
  757         (d) Recommended corrective action with respect to avoiding
  758  or mitigating such circumstances in future elections.
  759         Section 18. Subsections (1) and (3) of section 101.595,
  760  Florida Statutes, are amended to read:
  761         101.595 Analysis and reports of voting problems.—
  762         (1) No later than December 15 of each general election
  763  year, the supervisor of elections in each county shall report to
  764  the Department of State the total number of overvotes and
  765  undervotes in the “President and Vice President” or “Governor
  766  and Lieutenant Governor” race that appears first on the ballot
  767  or, if neither appears, the first race appearing on the ballot
  768  pursuant to s. 101.151(2), along with the likely reasons for
  769  such overvotes and undervotes and other information as may be
  770  useful in evaluating the performance of the voting system and
  771  identifying problems with ballot design and instructions which
  772  may have contributed to voter confusion. This report must be
  773  consolidated into one report with the audit report required
  774  under s. 101.591(5).
  775         (3) The Department of State shall submit the report to the
  776  Governor, the President of the Senate, and the Speaker of the
  777  House of Representatives by February 15 January 31 of each year
  778  following a general election.
  779         Section 19. Paragraphs (a) and (b) of subsection (1),
  780  subsection (3), and paragraph (c) of subsection (4) of section
  781  101.62, Florida Statutes, are amended, and subsection (7) is
  782  added to that section, to read:
  783         101.62 Request for vote-by-mail ballots.—
  784         (1)(a) The supervisor shall accept a request for a vote-by
  785  mail ballot from an elector in person or in writing. One request
  786  is shall be deemed sufficient to receive a vote-by-mail ballot
  787  for all elections through the end of the calendar year of the
  788  next second ensuing regularly scheduled general election,
  789  provided that a request received after November 6, 2018, and
  790  before July 1, 2021, is deemed sufficient through the end of the
  791  calendar year of the second ensuing regularly scheduled general
  792  election, unless the elector or the elector’s designee indicates
  793  at the time the request is made the elections for which the
  794  elector desires to receive a vote-by-mail ballot. Such request
  795  may be considered canceled when any first-class mail sent by the
  796  supervisor to the elector is returned as undeliverable.
  797         (b) The supervisor may accept a written or telephonic
  798  request for a vote-by-mail ballot to be mailed to an elector’s
  799  address on file in the Florida Voter Registration System from
  800  the elector, or, if directly instructed by the elector, a member
  801  of the elector’s immediate family, or the elector’s legal
  802  guardian. For written or telephonic requests, the elector must
  803  provide either his or her Florida driver license number or
  804  Florida identification card number or the last four digits of
  805  his or her social security number.; If the ballot is requested
  806  to be mailed to an address other than the elector’s address on
  807  file in the Florida Voter Registration System, the request must
  808  be made in writing, and signed by the elector, and include
  809  either his or her Florida driver license number or Florida
  810  identification card number or the last four digits of his or her
  811  social security number. However, an absent uniformed service
  812  voter or an overseas voter seeking a vote-by-mail ballot is not
  813  required to submit a signed, written request for a vote-by-mail
  814  ballot that is being mailed to an address other than the
  815  elector’s address on file in the Florida Voter Registration
  816  System. For purposes of this section, the term “immediate
  817  family” has the same meaning as specified in paragraph (4)(c).
  818  The person making the request must disclose:
  819         1. The name of the elector for whom the ballot is
  820  requested.
  821         2. The elector’s address.
  822         3. The elector’s date of birth.
  823         4. The elector’s Florida driver license number or Florida
  824  identification card number or the last four digits of the
  825  elector’s social security number.
  826         5. The requester’s name.
  827         6.5. The requester’s address.
  828         7.6. The requester’s driver license number or
  829  identification card number or the last four digits of the
  830  requester’s social security number, if available.
  831         8.7. The requester’s relationship to the elector.
  832         9.8. The requester’s signature (written requests only).
  833         (3) For each request for a vote-by-mail ballot received,
  834  the supervisor shall record the date the request was made;, the
  835  date the vote-by-mail ballot was delivered to the voter or the
  836  voter’s designee or the date the vote-by-mail ballot was
  837  delivered to the post office or other carrier; the identity of
  838  the voter’s designee or the address to which the ballot was
  839  mailed;, the date the ballot was received by the supervisor;,
  840  the absence of the voter’s signature on the voter’s certificate,
  841  if applicable; whether the voter’s certificate contains a
  842  signature that does not match the elector’s signature in the
  843  registration books or precinct register;, and such other
  844  information he or she may deem necessary. This information shall
  845  be provided in electronic format as provided by division rule
  846  adopted by the division. The information shall be updated and
  847  made available no later than 8 a.m. of each day, including
  848  weekends, beginning 60 days before the primary until 15 days
  849  after the general election and shall be contemporaneously
  850  provided to the division. This information shall be confidential
  851  and exempt from s. 119.07(1) and shall be made available to or
  852  reproduced only for the voter requesting the ballot, a
  853  canvassing board, an election official, a political party or
  854  official thereof, a candidate who has filed qualification papers
  855  and is opposed in an upcoming election, and registered political
  856  committees for political purposes only.
  857         (4)
  858         (c) The supervisor shall provide a vote-by-mail ballot to
  859  each elector by whom a request for that ballot has been made by
  860  one of the following means:
  861         1. By nonforwardable, return-if-undeliverable mail to the
  862  elector’s current mailing address on file with the supervisor or
  863  any other address the elector specifies in the request.
  864         2. By forwardable mail, e-mail, or facsimile machine
  865  transmission to absent uniformed services voters and overseas
  866  voters. The absent uniformed services voter or overseas voter
  867  may designate in the vote-by-mail ballot request the preferred
  868  method of transmission. If the voter does not designate the
  869  method of transmission, the vote-by-mail ballot shall be mailed.
  870         3. By personal delivery before 7 p.m. on election day to
  871  the elector, upon presentation of the identification required in
  872  s. 101.043.
  873         4. By delivery to a designee on election day or up to 9
  874  days before prior to the day of an election. Any elector may
  875  designate in writing a person to pick up the ballot for the
  876  elector; however, the person designated may not pick up more
  877  than two vote-by-mail ballots per election, other than the
  878  designee’s own ballot, except that additional ballots may be
  879  picked up for members of the designee’s immediate family. For
  880  purposes of this section, “immediate family” means the
  881  designee’s spouse or the parent, child, grandparent, grandchild,
  882  or sibling of the designee or of the designee’s spouse. The
  883  designee shall provide to the supervisor the written
  884  authorization by the elector and a picture identification of the
  885  designee and must complete an affidavit. The designee shall
  886  state in the affidavit that the designee is authorized by the
  887  elector to pick up that ballot and shall indicate if the elector
  888  is a member of the designee’s immediate family and, if so, the
  889  relationship. The department shall prescribe the form of the
  890  affidavit. If the supervisor is satisfied that the designee is
  891  authorized to pick up the ballot and that the signature of the
  892  elector on the written authorization matches the signature of
  893  the elector on file, the supervisor shall give the ballot to
  894  that designee for delivery to the elector.
  895         5. Except as provided in s. 101.655, the supervisor may not
  896  deliver a vote-by-mail ballot to an elector or an elector’s
  897  immediate family member on the day of the election unless there
  898  is an emergency, to the extent that the elector will be unable
  899  to go to his or her assigned polling place. If a vote-by-mail
  900  ballot is delivered, the elector or his or her designee shall
  901  execute an affidavit affirming to the facts which allow for
  902  delivery of the vote-by-mail ballot. The department shall adopt
  903  a rule providing for the form of the affidavit.
  904         (7) Except as expressly authorized for voters having a
  905  disability under s. 101.662, for overseas voters under s.
  906  101.697, or for local referenda under ss. 101.6102 and 101.6103,
  907  a county, municipality, or state agency may not send a vote-by
  908  mail ballot to a voter unless the voter has requested a vote-by
  909  mail ballot in the manner authorized under this section.
  910         Section 20. Subsection (6) is added to section 101.64,
  911  Florida Statutes, to read:
  912         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  913         (6) The outside of the ballot and the secrecy and mailing
  914  envelopes may not display the party affiliation of the absent
  915  elector who has been issued such ballot or display any other
  916  partisan information.
  917         Section 21. Subsection (1) and paragraph (a) of subsection
  918  (2) of section 101.68, Florida Statutes, are amended to read:
  919         101.68 Canvassing of vote-by-mail ballot.—
  920         (1) The supervisor of the county where the absent elector
  921  resides shall receive the voted ballot, at which time the
  922  supervisor shall compare the signature of the elector on the
  923  voter’s certificate with the signature of the elector in the
  924  registration books or the precinct register to determine whether
  925  the elector is duly registered in the county and must may record
  926  on the elector’s registration record certificate that the
  927  elector has voted. During the signature comparison process, the
  928  supervisor may not use any knowledge of the political
  929  affiliation of the voter whose signature is subject to
  930  verification. An elector who dies after casting a vote-by-mail
  931  ballot but on or before election day shall remain listed in the
  932  registration books until the results have been certified for the
  933  election in which the ballot was cast. The supervisor shall
  934  safely keep the ballot unopened in his or her office until the
  935  county canvassing board canvasses the vote. Except as provided
  936  in subsection (4), after a vote-by-mail ballot is received by
  937  the supervisor, the ballot is deemed to have been cast, and
  938  changes or additions may not be made to the voter’s certificate.
  939         (2)(a) The county canvassing board may begin the canvassing
  940  of vote-by-mail ballots upon the completion of the public
  941  testing of automatic tabulating equipment pursuant to s.
  942  101.5612(2) at 7 a.m. on the 22nd day before the election, but
  943  must begin such canvassing by no not later than noon on the day
  944  following the election. In addition, for any county using
  945  electronic tabulating equipment, the processing of vote-by-mail
  946  ballots through such tabulating equipment may begin at 7 a.m. on
  947  the 22nd day before the election. However, notwithstanding any
  948  such authorization to begin canvassing or otherwise processing
  949  vote-by-mail ballots early, no result shall be released until
  950  after the closing of the polls in that county on election day.
  951  Any supervisor, deputy supervisor, canvassing board member,
  952  election board member, or election employee who releases the
  953  results of a canvassing or processing of vote-by-mail ballots
  954  prior to the closing of the polls in that county on election day
  955  commits a felony of the third degree, punishable as provided in
  956  s. 775.082, s. 775.083, or s. 775.084.
  957         Section 22. Subsection (2) of section 101.69, Florida
  958  Statutes, is amended, and subsection (3) is added to that
  959  section, to read:
  960         101.69 Voting in person; return of vote-by-mail ballot.—
  961         (2)(a) The supervisor shall allow an elector who has
  962  received a vote-by-mail ballot to physically return a voted
  963  vote-by-mail ballot to the supervisor by placing the envelope
  964  containing his or her marked ballot in a secure drop box. Secure
  965  drop boxes shall be placed at the main office of the supervisor,
  966  at each branch office of the supervisor, and at each early
  967  voting site. Secure drop boxes may also be placed at any other
  968  site that would otherwise qualify as an early voting site under
  969  s. 101.657(1). A secure drop box may only be used; provided,
  970  however, that any such site must be staffed during the county’s
  971  early voting hours of operation and must be monitored in person
  972  by an employee of the supervisor’s office or a sworn law
  973  enforcement officer.
  974         (b) A supervisor shall designate each drop box site at
  975  least 30 days before an election. After a drop box location has
  976  been designated, it may not be moved or changed.
  977         (c) On each day of early voting, all drop boxes must be
  978  emptied at the end of early voting hours and all ballots
  979  retrieved from the drop boxes must be returned to the
  980  supervisor’s office. Employees of the supervisor must comply
  981  with procedures for the chain of custody of ballots as required
  982  by s. 101.015(4).
  983         (3) If any drop box at an early voting site is left
  984  accessible for the return of ballots outside of early voting
  985  hours, the supervisor is subject to a civil penalty of $25,000.
  986  The division is authorized to enforce this provision.
  987         Section 23. Paragraphs (a), (b), and (e) of subsection (4)
  988  of section 102.031, Florida Statutes, are amended to read:
  989         102.031 Maintenance of good order at polls; authorities;
  990  persons allowed in polling rooms and early voting areas;
  991  unlawful solicitation of voters.—
  992         (4)(a) No person, political committee, or other group or
  993  organization may solicit voters inside the polling place or
  994  within 150 feet of a drop box or the entrance to any polling
  995  place, a polling room where the polling place is also a polling
  996  room, an early voting site, or an office of the supervisor where
  997  vote-by-mail ballots are requested and printed on demand for the
  998  convenience of electors who appear in person to request them.
  999  Before the opening of a drop box location, a the polling place,
 1000  or an early voting site, the clerk or supervisor shall designate
 1001  the no-solicitation zone and mark the boundaries.
 1002         (b) For the purpose of this subsection, the terms “solicit”
 1003  or “solicitation” shall include, but not be limited to, seeking
 1004  or attempting to seek any vote, fact, opinion, or contribution;
 1005  distributing or attempting to distribute any political or
 1006  campaign material, leaflet, or handout; conducting a poll except
 1007  as specified in this paragraph; seeking or attempting to seek a
 1008  signature on any petition; and selling or attempting to sell any
 1009  item; and giving or attempting to give any item to a voter. The
 1010  terms “solicit” or “solicitation” may not be construed to
 1011  prohibit an employee of, or a volunteer with, the supervisor
 1012  from providing nonpartisan assistance to voters within the no
 1013  solicitation zone such as, but not limited to, giving items to
 1014  voters, or to prohibit exit polling.
 1015         (e) The owner, operator, or lessee of the property on which
 1016  a polling place or an early voting site is located, or an agent
 1017  or employee thereof, may not prohibit the solicitation of voters
 1018  by a candidate or a candidate’s designee outside of the no
 1019  solicitation zone during polling hours.
 1020         Section 24. Subsection (1) and paragraphs (a) and (b) of
 1021  subsection (2) of section 102.141, Florida Statutes, are amended
 1022  to read:
 1023         102.141 County canvassing board; duties.—
 1024         (1) The county canvassing board shall be composed of the
 1025  supervisor of elections; a county court judge, who shall act as
 1026  chair; and the chair of the board of county commissioners. The
 1027  names of the canvassing board members must be published on the
 1028  supervisor’s website before any vote-by-mail ballot is
 1029  tabulated. Alternate canvassing board members must be appointed
 1030  pursuant to paragraph (e). In the event any member of the county
 1031  canvassing board is unable to serve, is a candidate who has
 1032  opposition in the election being canvassed, or is an active
 1033  participant in the campaign or candidacy of any candidate who
 1034  has opposition in the election being canvassed, such member
 1035  shall be replaced as follows:
 1036         (a) If no county court judge is able to serve or if all are
 1037  disqualified, the chief judge of the judicial circuit in which
 1038  the county is located shall appoint as a substitute member a
 1039  qualified elector of the county who is not a candidate with
 1040  opposition in the election being canvassed and who is not an
 1041  active participant in the campaign or candidacy of any candidate
 1042  with opposition in the election being canvassed. In such event,
 1043  the members of the county canvassing board shall meet and elect
 1044  a chair.
 1045         (b) If the supervisor of elections is unable to serve or is
 1046  disqualified, the chair of the board of county commissioners
 1047  shall appoint as a substitute member a member of the board of
 1048  county commissioners who is not a candidate with opposition in
 1049  the election being canvassed and who is not an active
 1050  participant in the campaign or candidacy of any candidate with
 1051  opposition in the election being canvassed. The supervisor,
 1052  however, shall act in an advisory capacity to the canvassing
 1053  board.
 1054         (c) If the chair of the board of county commissioners is
 1055  unable to serve or is disqualified, the board of county
 1056  commissioners shall appoint as a substitute member one of its
 1057  members who is not a candidate with opposition in the election
 1058  being canvassed and who is not an active participant in the
 1059  campaign or candidacy of any candidate with opposition in the
 1060  election being canvassed.
 1061         (d) If a substitute member or alternate member cannot be
 1062  appointed as provided elsewhere in this subsection, or in the
 1063  event of a vacancy in such office, the chief judge of the
 1064  judicial circuit in which the county is located shall appoint as
 1065  a substitute member or alternate member a qualified elector of
 1066  the county who is not a candidate with opposition in the
 1067  election being canvassed and who is not an active participant in
 1068  the campaign or candidacy of any candidate with opposition in
 1069  the election being canvassed.
 1070         (e)1. The chief judge of the judicial circuit in which the
 1071  county is located shall appoint a county court judge as an
 1072  alternate member of the county canvassing board or, if each
 1073  county court judge is unable to serve or is disqualified, shall
 1074  appoint an alternate member who is qualified to serve as a
 1075  substitute member under paragraph (a).
 1076         2. The chair of the board of county commissioners shall
 1077  appoint a member of the board of county commissioners as an
 1078  alternate member of the county canvassing board or, if each
 1079  member of the board of county commissioners is unable to serve
 1080  or is disqualified, shall appoint an alternate member who is
 1081  qualified to serve as a substitute member under paragraph (d).
 1082         3. If a member of the county canvassing board is unable to
 1083  participate in a meeting of the board, the chair of the county
 1084  canvassing board or his or her designee shall designate which
 1085  alternate member will serve as a member of the board in the
 1086  place of the member who is unable to participate at that
 1087  meeting.
 1088         4. If not serving as one of the three members of the county
 1089  canvassing board, an alternate member may be present, observe,
 1090  and communicate with the three members constituting the county
 1091  canvassing board, but may not vote in the board’s decisions or
 1092  determinations.
 1093         (2)(a) The county canvassing board shall meet in a building
 1094  accessible to the public in the county where the election
 1095  occurred at a time and place to be designated by the supervisor
 1096  to publicly canvass the absent electors’ ballots as provided for
 1097  in s. 101.68 and provisional ballots as provided by ss. 101.048,
 1098  101.049, and 101.6925. During each meeting of the county
 1099  canvassing board, each political party and each candidate may
 1100  have one watcher within a distance that allows him or her to
 1101  directly observe ballots being examined for signature matching
 1102  and other processes. Provisional ballots cast pursuant to s.
 1103  101.049 shall be canvassed in a manner that votes for candidates
 1104  and issues on those ballots can be segregated from other votes.
 1105  As soon as the absent electors’ ballots and the provisional
 1106  ballots are canvassed, the board shall proceed to publicly
 1107  canvass the vote given each candidate, nominee, constitutional
 1108  amendment, or other measure submitted to the electorate of the
 1109  county, as shown by the returns then on file in the office of
 1110  the supervisor.
 1111         (b) Public notice of the canvassing board members,
 1112  alternates, time, and place at which the county canvassing board
 1113  shall meet to canvass the absent electors’ ballots and
 1114  provisional ballots must be given at least 48 hours prior
 1115  thereto by publication on the supervisor’s website and published
 1116  in one or more newspapers of general circulation in the county
 1117  or, if there is no newspaper of general circulation in the
 1118  county, by posting such notice in at least four conspicuous
 1119  places in the county. The time given in the notice as to the
 1120  convening of the meeting of the county canvassing board must be
 1121  specific and may not be a time period during which the board may
 1122  meet.
 1123         Section 25. Section 104.0616, Florida Statutes, is amended
 1124  to read:
 1125         104.0616 Vote-by-mail ballots and voting; violations.—
 1126         (1) For purposes of this section, the term “immediate
 1127  family” means a person’s spouse or the parent, child,
 1128  grandparent, grandchild, or sibling of the person or the
 1129  person’s spouse.
 1130         (2) Any person who distributes, orders, requests, collects,
 1131  delivers provides or offers to provide, and any person who
 1132  accepts, a pecuniary or other benefit in exchange for
 1133  distributing, ordering, requesting, collecting, delivering, or
 1134  otherwise physically possesses possessing more than two vote-by
 1135  mail ballots per election in addition to his or her own ballot
 1136  or a ballot belonging to an immediate family member, except as
 1137  provided in ss. 101.6105-101.694, including supervised voting at
 1138  assisted living facilities and nursing home facilities as
 1139  authorized under s. 101.655, commits a misdemeanor of the first
 1140  degree, punishable as provided in s. 775.082 or, s. 775.083, or
 1141  s. 775.084.
 1142         Section 26. Except as otherwise expressly provided in this
 1143  act, this act shall take effect July 1, 2021.