Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 7050
       
       
       
       
       
       
                                Ì161404tÎ161404                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             04/26/2023 10:08 AM       .                                
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       Senator Thompson moved the following:
       
    1         Senate Amendment to Amendment (333316) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 2435
    5  and insert:
    6         Section 1. Subsection (1) of section 20.10, Florida
    7  Statutes, is amended to read:
    8         20.10 Department of State.—There is created a Department of
    9  State.
   10         (1) The head of the Department of State is the Secretary of
   11  State. The Secretary of State shall be elected at the statewide
   12  general election at which the Governor, Lieutenant Governor, and
   13  Cabinet officers are elected as provided in s. 5, Art. IV of the
   14  State Constitution, for a term of 4 years beginning on the first
   15  Tuesday after the first Monday in January of the year following
   16  such election appointed by the Governor, subject to confirmation
   17  by the Senate, and shall serve at the pleasure of the Governor.
   18  The Secretary of State shall perform the functions conferred by
   19  the State Constitution upon the custodian of state records.
   20         Section 2. Paragraph (b) of subsection (5) of section
   21  97.053, Florida Statutes, is amended to read:
   22         97.053 Acceptance of voter registration applications.—
   23         (5)
   24         (b) An applicant who fails to designate party affiliation
   25  or affirmatively select “no party affiliation” may not must be
   26  registered without party affiliation. The supervisor must notify
   27  the voter by mail that the voter has not been registered without
   28  party affiliation and that the voter must complete a new
   29  registration application and designate a party affiliation or
   30  affirmatively select “no party affiliation.” The voter
   31  registration application must clearly denote this requirement
   32  may change party affiliation as provided in s. 97.1031.
   33         Section 3. Section 97.0556, Florida Statutes, is created to
   34  read:
   35         97.0556Same-day voter registration.—A person who meets the
   36  qualifications to register to vote in s. 97.041 and who provides
   37  the information required for the statewide voter registration
   38  application in s. 97.052 may register at an early voting site or
   39  at his or her polling place and immediately thereafter cast a
   40  ballot.
   41         Section 4. Section 97.057, Florida Statutes, is amended to
   42  read:
   43         97.057 Voter registration by the Department of Highway
   44  Safety and Motor Vehicles.—
   45         (1) Each of the following serves as an application The
   46  Department of Highway Safety and Motor Vehicles shall provide
   47  the opportunity to preregister to vote, register to vote, or to
   48  update a voter registration record when submitted to the
   49  Department of Highway Safety and Motor Vehicles to each
   50  individual who comes to an office of that department to:
   51         (a) An application for or a renewal of Apply for or renew a
   52  driver license;
   53         (b) An application for or a renewal of Apply for or renew
   54  an identification card pursuant to chapter 322; or
   55         (c) An application for a change of an address on an
   56  existing driver license or identification card.
   57  
   58  Unless the applicant declines to register or preregister to
   59  vote, he or she is deemed to have consented to the use of the
   60  signature from his or her driver license or identification card
   61  application for voter registration purposes.
   62         (2)An application for a driver license or an
   63  identification card must include a voter registration component.
   64  The voter registration component must be approved by the
   65  Department of State and must contain all of the following:
   66         (a)The minimum amount of information necessary to prevent
   67  duplicate voter registrations and to preserve the ability of the
   68  department and supervisors of elections to assess the
   69  eligibility of the applicant and administer voter registration
   70  and other provisions of this code.
   71         (b)A statement setting forth voting eligibility
   72  requirements.
   73         (c)An explanation that the applicant is consenting to the
   74  use of his or her signature from the applicant’s driver license
   75  or identification card application for voter registration
   76  purposes. By consenting to the use of his or her signature, the
   77  applicant is deemed to have subscribed to the oath required by
   78  s. 3, Art. VI of the State Constitution and s. 97.051 and to
   79  have sworn and affirmed that the voter registration information
   80  contained in the application is true under penalty for false
   81  swearing pursuant to s. 104.011.
   82         (d)An option that allows the applicant to choose or update
   83  a party affiliation; otherwise, an applicant who is initially
   84  registering to vote and does not exercise such option shall be
   85  sent a notice by the supervisor of elections in accordance with
   86  s. 97.053(5)(b).
   87         (e)An option that allows the applicant to decline to
   88  register to vote or preregister to vote. The Department of
   89  Highway Safety and Motor Vehicles shall note any such
   90  declination in its records and forward the declination to the
   91  Department of State. Any declination may be used only for voter
   92  registration purposes and is confidential and exempt from public
   93  records requirements as provided in s. 97.0585.
   94         (3)The Department of Highway Safety and Motor Vehicles
   95  shall:
   96         (a)Develop a voter registration component for applications
   97  which meets the requirements set forth in subsection (2).
   98         (b)Electronically transmit the voter registration
   99  component of an applicant’s driver license or identification
  100  card application to the Department of State within 24 hours
  101  after receipt. Upon receipt of the voter registration component,
  102  the Department of State shall provide the information to the
  103  supervisor of the county in which the applicant is registering
  104  or preregistering to vote or updating his or her voter
  105  registration record.
  106         (2)The Department of Highway Safety and Motor Vehicles
  107  shall:
  108         (a)Notify each individual, orally or in writing, that:
  109         1.Information gathered for the completion of a driver
  110  license or identification card application, renewal, or change
  111  of address can be automatically transferred to a voter
  112  registration application;
  113         2.If additional information and a signature are provided,
  114  the voter registration application will be completed and sent to
  115  the proper election authority;
  116         3.Information provided can also be used to update a voter
  117  registration record;
  118         4.All declinations will remain confidential and may be
  119  used only for voter registration purposes; and
  120         5.The particular driver license office in which the person
  121  applies to register to vote or updates a voter registration
  122  record will remain confidential and may be used only for voter
  123  registration purposes.
  124         (b)Require a driver license examiner to inquire orally or,
  125  if the applicant is hearing impaired, inquire in writing whether
  126  the applicant wishes to register to vote or update a voter
  127  registration record during the completion of a driver license or
  128  identification card application, renewal, or change of address.
  129         1.If the applicant chooses to register to vote or to
  130  update a voter registration record:
  131         a.All applicable information received by the Department of
  132  Highway Safety and Motor Vehicles in the course of filling out
  133  the forms necessary under subsection (1) must be transferred to
  134  a voter registration application.
  135         b.The additional necessary information must be obtained by
  136  the driver license examiner and must not duplicate any
  137  information already obtained while completing the forms required
  138  under subsection (1).
  139         c.A voter registration application with all of the
  140  applicant’s voter registration information required to establish
  141  the applicant’s eligibility pursuant to s. 97.041 must be
  142  presented to the applicant to review and verify the voter
  143  registration information received and provide an electronic
  144  signature affirming the accuracy of the information provided.
  145         2.If the applicant declines to register to vote, update
  146  the applicant’s voter registration record, or change the
  147  applicant’s address by either orally declining or by failing to
  148  sign the voter registration application, the Department of
  149  Highway Safety and Motor Vehicles must note such declination on
  150  its records and shall forward the declination to the statewide
  151  voter registration system.
  152         (3)For the purpose of this section, the Department of
  153  Highway Safety and Motor Vehicles, with the approval of the
  154  Department of State, shall prescribe:
  155         (a)A voter registration application that is the same in
  156  content, format, and size as the uniform statewide voter
  157  registration application prescribed under s. 97.052; and
  158         (b)A form that will inform applicants under subsection (1)
  159  of the information contained in paragraph (2)(a).
  160         (4)The Department of Highway Safety and Motor Vehicles
  161  must electronically transmit completed voter registration
  162  applications within 24 hours after receipt to the statewide
  163  voter registration system. Completed paper voter registration
  164  applications received by the Department of Highway Safety and
  165  Motor Vehicles shall be forwarded within 5 days after receipt to
  166  the supervisor of the county where the office that processed or
  167  received that application is located.
  168         (5)The Department of Highway Safety and Motor Vehicles
  169  must send, with each driver license renewal extension
  170  application authorized pursuant to s. 322.18(8), a uniform
  171  statewide voter registration application, the voter registration
  172  application prescribed under paragraph (3)(a), or a voter
  173  registration application developed especially for the purposes
  174  of this subsection by the Department of Highway Safety and Motor
  175  Vehicles, with the approval of the Department of State, which
  176  must meet the requirements of s. 97.052.
  177         (4)(6) A person providing voter registration services for a
  178  driver license office may not:
  179         (a) Seek to influence an applicant’s political preference
  180  or party registration;
  181         (b) Display any political preference or party allegiance;
  182         (c) Make any statement to an applicant or take any action
  183  the purpose or effect of which is to discourage the applicant
  184  from registering to vote; or
  185         (d) Disclose any applicant’s voter registration information
  186  except as needed for the administration of voter registration.
  187         (5)(7) The Department of Highway Safety and Motor Vehicles
  188  shall collect data determined necessary by the Department of
  189  State for program evaluation and reporting to the Election
  190  Assistance Commission pursuant to federal law.
  191         (6)(8) The Department of Highway Safety and Motor Vehicles
  192  shall must ensure that all voter registration services provided
  193  by driver license offices are in compliance with the Voting
  194  Rights Act of 1965.
  195         (7)(9) The Department of Highway Safety and Motor Vehicles
  196  shall retain complete records of voter registration information
  197  received, processed, and submitted to the Department of State
  198  statewide voter registration system by the Department of Highway
  199  Safety and Motor Vehicles. The retention of such These records
  200  is shall be for the explicit purpose of supporting audit and
  201  accounting controls established to ensure accurate and complete
  202  electronic transmission of records between the Department of
  203  State statewide voter registration system and the Department of
  204  Highway Safety and Motor Vehicles.
  205         (8)(10) The Department of State shall provide the
  206  Department of Highway Safety and Motor Vehicles with an
  207  electronic database of street addresses valid for use as the
  208  address of legal residence as required in s. 97.053(5). The
  209  Department of Highway Safety and Motor Vehicles shall compare
  210  the address provided by the applicant against the database of
  211  valid street addresses. If the address provided by the applicant
  212  does not match a valid street address in the database, the
  213  applicant will be asked to verify the address provided. The
  214  Department of Highway Safety and Motor Vehicles may shall not
  215  reject any application for voter registration for which a valid
  216  match cannot be made.
  217         (9)(11) The Department of Highway Safety and Motor Vehicles
  218  shall enter into an agreement with the Department of State to
  219  match information in the statewide voter registration system
  220  with information in the database of the Department of Highway
  221  Safety and Motor Vehicles to the extent required to verify the
  222  accuracy of the driver license number, Florida identification
  223  number, or last four digits of the social security number
  224  provided on applications for voter registration as required in
  225  s. 97.053.
  226         (10)(12) The Department of Highway Safety and Motor
  227  Vehicles shall enter into an agreement with the Commissioner of
  228  Social Security as required by the Help America Vote Act of 2002
  229  to verify the last four digits of the social security number
  230  provided in applications for voter registration as required in
  231  s. 97.053.
  232         (11)(13) The Department of Highway Safety and Motor
  233  Vehicles shall must assist the Department of State in regularly
  234  identifying changes in residence address on the driver license
  235  or identification card of a voter. The Department of State shall
  236  must report each such change to the appropriate supervisor of
  237  elections who must change the voter’s registration records in
  238  accordance with s. 98.065(5).
  239         Section 5. Paragraph (a) of subsection (3) of section
  240  97.0575, Florida Statutes, is amended to read:
  241         97.0575 Third-party voter registrations.—
  242         (3)(a) A third-party voter registration organization that
  243  collects voter registration applications serves as a fiduciary
  244  to the applicant, ensuring that any voter registration
  245  application entrusted to the organization, irrespective of party
  246  affiliation, race, ethnicity, or gender, must be promptly
  247  delivered to the division or the supervisor of elections in the
  248  county in which the applicant resides within 14 days after the
  249  application was completed by the applicant, but not after
  250  registration closes for the next ensuing election. If a voter
  251  registration application collected by any third-party voter
  252  registration organization is not promptly delivered to the
  253  division or supervisor of elections in the county in which the
  254  applicant resides, the third-party voter registration
  255  organization is liable for the following fines:
  256         1. A fine in the amount of $50 for each application
  257  received by the division or the supervisor of elections in the
  258  county in which the applicant resides more than 14 days after
  259  the applicant delivered the completed voter registration
  260  application to the third-party voter registration organization
  261  or any person, entity, or agent acting on its behalf. A fine in
  262  the amount of $250 for each application received if the third
  263  party voter registration organization or person, entity, or
  264  agency acting on its behalf acted willfully.
  265         2. A fine in the amount of $100 for each application
  266  collected by a third-party voter registration organization or
  267  any person, entity, or agent acting on its behalf, before book
  268  closing for any given election for federal or state office and
  269  received by the division or the supervisor of elections in the
  270  county in which the applicant resides after the book-closing
  271  deadline for such election. A fine in the amount of $500 for
  272  each application received if the third-party registration
  273  organization or person, entity, or agency acting on its behalf
  274  acted willfully.
  275         3.A fine in the amount of $500 for each application
  276  collected by a third-party voter registration organization or
  277  any person, entity, or agent acting on its behalf, which is not
  278  submitted to the division or supervisor of elections in the
  279  county in which the applicant resides. A fine in the amount of
  280  $1,000 for any application not submitted if the third-party
  281  voter registration organization or person, entity, or agency
  282  acting on its behalf acted willfully.
  283  
  284  The aggregate fine pursuant to this paragraph which may be
  285  assessed against a third-party voter registration organization,
  286  including affiliate organizations, for violations committed in a
  287  calendar year is $50,000.
  288         Section 6. Paragraph (b) of subsection (4) of section
  289  98.045, Florida Statutes, is amended to read:
  290         98.045 Administration of voter registration.—
  291         (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
  292  STREET ADDRESSES.—
  293         (b) The department shall make the statewide database of
  294  valid street addresses available to the Department of Highway
  295  Safety and Motor Vehicles as provided in s. 97.057(8) s.
  296  97.057(10). The Department of Highway Safety and Motor Vehicles
  297  shall use the database for purposes of validating the legal
  298  residential addresses provided in voter registration
  299  applications received by the Department of Highway Safety and
  300  Motor Vehicles.
  301         Section 7. Subsection (4) of section 98.065, Florida
  302  Statutes, is amended to read:
  303         98.065 Registration list maintenance programs.—
  304         (4) The supervisor shall designate as inactive all voters
  305  who have not voted in at least one of the last two general
  306  elections and who have been sent an address confirmation final
  307  notice and have not returned the postage prepaid, preaddressed
  308  return form within 30 days or for whom the final notice has been
  309  returned as undeliverable. Names on the inactive list may not be
  310  used to calculate the number of signatures needed on any
  311  petition. A voter on the inactive list may be restored to the
  312  active list of voters upon the voter updating his or her
  313  registration, requesting a vote-by-mail ballot, or voting in an
  314  election. However, if the voter does not update his or her voter
  315  registration information, request a vote-by-mail ballot, or vote
  316  by the second general election after being placed on the
  317  inactive list, the voter’s name must be removed from the
  318  statewide voter registration system, and the voter must
  319  reregister to have his or her name restored to A registration
  320  list maintenance program must be conducted by each supervisor,
  321  at a minimum, once each year and must be completed not later
  322  than 90 days before the date of any federal election. All list
  323  maintenance actions associated with each voter must be entered,
  324  tracked, and maintained in the statewide voter registration
  325  system.
  326         Section 8. Paragraph (a) of subsection (7) of section
  327  99.061, Florida Statutes, is amended to read:
  328         99.061 Method of qualifying for nomination or election to
  329  federal, state, county, or district office.—
  330         (7)(a) In order for a candidate to be qualified, the
  331  following items must be received by the filing officer by the
  332  end of the qualifying period:
  333         1. A cashier’s check purchased with campaign account funds
  334  or a properly executed check drawn upon the candidate’s campaign
  335  account payable to the person or entity as prescribed by the
  336  filing officer in an amount not less than the fee required by s.
  337  99.092, unless the candidate obtained the required number of
  338  signatures on petitions pursuant to s. 99.095. The filing fee
  339  for a special district candidate is not required to be drawn
  340  upon the candidate’s campaign account. If a candidate’s check is
  341  returned by the bank for any reason, the filing officer must
  342  shall immediately notify the candidate, and the candidate has
  343  shall have until the end of qualifying to pay the fee with a
  344  cashier’s check purchased from funds of the campaign account.
  345  Failure to pay the fee as provided in this subparagraph
  346  disqualifies shall disqualify the candidate.
  347         2. The candidate’s oath required by s. 99.021, which must
  348  contain the name of the candidate as it is to appear on the
  349  ballot; the office sought, including the district or group
  350  number if applicable; and the signature of the candidate, which
  351  must be verified under oath or affirmation pursuant to s.
  352  92.525(1)(a).
  353         3. If the office sought is partisan, the written statement
  354  of political party affiliation required by s. 99.021(1)(b); or
  355  if the candidate is running without party affiliation for a
  356  partisan office, the written statement required by s.
  357  99.021(1)(c).
  358         4. The completed form for the appointment of campaign
  359  treasurer and designation of campaign depository, as required by
  360  s. 106.021.
  361         5. The full and public disclosure or statement of financial
  362  interests required by subsection (5). A public officer who has
  363  filed the full and public disclosure or statement of financial
  364  interests with the Commission on Ethics or the supervisor before
  365  of elections prior to qualifying for office may file a copy of
  366  that disclosure at the time of qualifying.
  367         Section 9. Subsection (2) of section 100.111, Florida
  368  Statutes, is amended to read:
  369         100.111 Filling vacancy.—
  370         (2) Whenever there is a vacancy for which a special
  371  election is required pursuant to s. 100.101, the Governor, after
  372  consultation with the Secretary of State and the supervisor of
  373  elections of any affected county, shall fix the dates of a
  374  special primary election and a special election. Nominees of
  375  political parties shall be chosen under the primary laws of this
  376  state in the special primary election to become candidates in
  377  the special election. Before Prior to setting the special
  378  election dates, the Governor shall consider any upcoming
  379  elections in the jurisdiction where the special election will be
  380  held and, in the event of a vacancy in a state legislative
  381  office, shall limit the period of any such vacancy during a
  382  regular legislative session to the greatest extent possible in
  383  fixing such dates. Notwithstanding the foregoing, a special
  384  election may not be held later than 180 days after a vacancy has
  385  occurred. The dates fixed by the Governor must shall be specific
  386  days certain and may shall not be established by the happening
  387  of a condition or stated in the alternative. The dates fixed
  388  must shall provide a minimum of 10 2 weeks between each
  389  election. In the event a vacancy occurs in the office of state
  390  senator or member of the House of Representatives when the
  391  Legislature is in regular legislative session, the minimum times
  392  prescribed by this subsection may be waived upon concurrence of
  393  the Governor, the Speaker of the House of Representatives, and
  394  the President of the Senate. If a vacancy occurs in the office
  395  of state senator and no session of the Legislature is scheduled
  396  to be held before prior to the next general election, the
  397  Governor may fix the dates for the special primary election and
  398  for the special election to coincide with the dates of the
  399  primary election and general election. If a vacancy in office
  400  occurs in any district in the state Senate or House of
  401  Representatives or in any congressional district, and no session
  402  of the Legislature, or session of Congress if the vacancy is in
  403  a congressional district, is scheduled to be held during the
  404  unexpired portion of the term, the Governor is not required to
  405  call a special election to fill such vacancy.
  406         (a) The dates for candidates to qualify in such special
  407  election or special primary election must shall be fixed by the
  408  Department of State, and candidates must shall qualify no not
  409  later than noon of the last day so fixed. The dates fixed for
  410  qualifying must shall allow a minimum of 14 days between the
  411  last day of qualifying and the special primary election.
  412         (b) The filing of campaign expense statements by candidates
  413  in such special elections or special primaries and by committees
  414  making contributions or expenditures to influence the results of
  415  such special primaries or special elections must shall be no not
  416  later than such dates as shall be fixed by the Department of
  417  State, and in fixing such dates the Department of State shall
  418  take into consideration and be governed by the practical time
  419  limitations.
  420         (c) The dates for a candidate to qualify by the petition
  421  process pursuant to s. 99.095 in such special primary or special
  422  election must shall be fixed by the Department of State. In
  423  fixing such dates the Department of State shall take into
  424  consideration and be governed by the practical time limitations.
  425  Any candidate seeking to qualify by the petition process in a
  426  special primary election must shall obtain 25 percent of the
  427  signatures required by s. 99.095.
  428         (d) The qualifying fees and party assessments of such
  429  candidates as may qualify must shall be the same as collected
  430  for the same office at the last previous primary for that
  431  office. The party assessment must shall be paid to the
  432  appropriate executive committee of the political party to which
  433  the candidate belongs.
  434         (e) Each county canvassing board shall make as speedy a
  435  return of the result of such special primary elections and
  436  special elections as time will permit, and the Elections
  437  Canvassing Commission likewise shall make as speedy a canvass
  438  and declaration of the nominees as time will permit.
  439         Section 10. Subsection (1) of section 100.141, Florida
  440  Statutes, is amended to read:
  441         100.141 Notice of special election to fill any vacancy in
  442  office.—
  443         (1) Whenever a special election is required to fill any
  444  vacancy in office, the Governor, after consultation with the
  445  Secretary of State and the supervisor of elections of any
  446  affected county, shall issue an order declaring on what day the
  447  election shall be held and deliver the order to the Department
  448  of State. The Governor shall issue the order within 14 calendar
  449  days after the occurrence of the vacancy or, for vacancies
  450  arising due to a resignation under s. 99.012, within 14 calendar
  451  days after submittal of the written resignation to the Governor,
  452  whichever is sooner.
  453         Section 11. Paragraph (a) of subsection (7) of section
  454  100.371, Florida Statutes, is amended, and paragraph (c) is
  455  added to that subsection, to read:
  456         100.371 Initiatives; procedure for placement on ballot.—
  457         (7)(a) A sponsor that collects petition forms or uses a
  458  petition circulator to collect petition forms serves as a
  459  fiduciary to the elector signing the petition form, ensuring
  460  that any petition form entrusted to the petition circulator
  461  shall be promptly delivered to the supervisor of elections
  462  within 30 days after the elector signs the form.
  463         (a) If a petition form collected by any petition circulator
  464  is not promptly delivered to the supervisor of elections, the
  465  sponsor is liable for the following fines:
  466         1. A fine in the amount of $50 for each petition form
  467  received by the supervisor of elections more than 30 days after
  468  the elector signed the petition form or the next business day,
  469  if the office is closed. A fine in the amount of $250 for each
  470  petition form received if the sponsor or petition circulator
  471  acted willfully.
  472         2. A fine in the amount of $500 for each petition form
  473  collected by a petition circulator which is not submitted to the
  474  supervisor of elections. A fine in the amount of $1,000 for any
  475  petition form not submitted if the sponsor or petition
  476  circulator acted willfully.
  477         (c)A sponsor shall deliver petition forms to the
  478  supervisor grouped in batches by the petition circulator who
  479  collected them.
  480         Section 12. Section 100.51, Florida Statutes, is created to
  481  read:
  482         100.51General Election Day paid holiday.—In order to
  483  encourage civic participation, enable more individuals to serve
  484  as poll workers, and provide additional time for the resolution
  485  of any issues that arise while an elector is casting his or her
  486  vote, General Election Day shall be a paid holiday. An elector
  487  is entitled to absent himself or herself from any service or
  488  employment in which he or she is engaged or employed during the
  489  time the polls are open on General Election Day. An elector who
  490  absents himself or herself under this section may not be
  491  penalized in any way, and a deduction may not be made from his
  492  or her usual salary or wages on account of his or her absence.
  493         Section 13. Section 101.016, Florida Statutes, is created
  494  to read:
  495         101.016Strategic elections equipment reserve.—The Division
  496  of Elections shall maintain a strategic elections equipment
  497  reserve of voting systems that may be deployed in the event of
  498  an emergency as defined in s. 101.732 or upon the occurrence of
  499  equipment capacity issues due to unexpected voter turnout. The
  500  reserve must include tabulation equipment and any other
  501  necessary equipment, including, but not limited to, printers,
  502  which are in use by each supervisor of elections. In lieu of
  503  maintaining a physical reserve of such equipment, the division
  504  may contract with a vendor of voting equipment to provide such
  505  equipment on an as-needed basis.
  506         Section 14. Subsections (1) and (2) of section 101.048,
  507  Florida Statutes, are amended to read:
  508         101.048 Provisional ballots.—
  509         (1) At all elections, a voter claiming to be properly
  510  registered in this the state and eligible to vote at the
  511  precinct in the election but whose eligibility cannot be
  512  determined, a person whom an election official asserts is not
  513  eligible, and other persons specified in the code shall be
  514  entitled to vote a provisional ballot at any precinct in the
  515  county in which the voter claims to be registered. Once voted,
  516  the provisional ballot must shall be placed in a secrecy
  517  envelope and thereafter sealed in a provisional ballot envelope.
  518  The provisional ballot must shall be deposited in a ballot box.
  519  All provisional ballots must shall remain sealed in their
  520  envelopes for return to the supervisor of elections. The
  521  department shall prescribe the form of the provisional ballot
  522  envelope. A person casting a provisional ballot shall have the
  523  right to present written evidence supporting his or her
  524  eligibility to vote to the supervisor of elections by not later
  525  than 5 p.m. on the second day following the election.
  526         (2)(a) The county canvassing board shall examine each
  527  Provisional Ballot Voter’s Certificate and Affirmation to
  528  determine if the person voting that ballot was entitled to vote
  529  in the county in which at the precinct where the person cast a
  530  vote in the election and that the person had not already cast a
  531  ballot in the election. In determining whether a person casting
  532  a provisional ballot is entitled to vote, the county canvassing
  533  board shall review the information provided in the Voter’s
  534  Certificate and Affirmation, written evidence provided by the
  535  person pursuant to subsection (1), information provided in any
  536  cure affidavit and accompanying supporting documentation
  537  pursuant to subsection (6), any other evidence presented by the
  538  supervisor, and, in the case of a challenge, any evidence
  539  presented by the challenger. A ballot of a person casting a
  540  provisional ballot must shall be canvassed pursuant to paragraph
  541  (b) unless the canvassing board determines by a preponderance of
  542  the evidence that the person was not entitled to vote.
  543         (b) If it is determined that the person was registered and
  544  entitled to vote in the county in which at the precinct where
  545  the person cast a vote in the election, the canvassing board
  546  must compare the signature on the Provisional Ballot Voter’s
  547  Certificate and Affirmation or the provisional ballot cure
  548  affidavit with the signature on the voter’s registration or
  549  precinct register. A provisional ballot may be counted only if:
  550         1. The signature on the voter’s certificate or the cure
  551  affidavit matches the elector’s signature in the registration
  552  books or the precinct register; however, in the case of a cure
  553  affidavit, the supporting identification listed in subsection
  554  (6) must also confirm the identity of the elector; or
  555         2. The cure affidavit contains a signature that does not
  556  match the elector’s signature in the registration books or the
  557  precinct register, but the elector has submitted a current and
  558  valid Tier 1 form of identification confirming his or her
  559  identity pursuant to subsection (6).
  560  
  561  For purposes of this paragraph, any canvassing board finding
  562  that signatures do not match must be by majority vote and beyond
  563  a reasonable doubt.
  564         (c) Any provisional ballot not counted must remain in the
  565  envelope containing the Provisional Ballot Voter’s Certificate
  566  and Affirmation, and the envelope must shall be marked “Rejected
  567  as Illegal.”
  568         (d) If a provisional ballot is validated following the
  569  submission of a cure affidavit, the supervisor must make a copy
  570  of the affidavit, affix it to a voter registration application,
  571  and immediately process it as a valid request for a signature
  572  update pursuant to s. 98.077.
  573         Section 15. Paragraph (a) of subsection (2) and paragraph
  574  (a) of subsection (3) of section 101.151, Florida Statutes, are
  575  amended to read:
  576         101.151 Specifications for ballots.—
  577         (2)(a) The ballot must include the following office titles
  578  above the names of the candidates for the respective offices in
  579  the following order:
  580         1. The office titles of President and Vice President above
  581  the randomly ordered names of the candidates for President and
  582  Vice President of the United States nominated by the political
  583  party that received the highest vote for Governor in the last
  584  general election of the Governor in this state, followed by the
  585  names of other candidates for President and Vice President of
  586  the United States who have been properly nominated.
  587         2. The office titles of United States Senator and
  588  Representative in Congress.
  589         3. The office titles of Governor and Lieutenant Governor;
  590  Attorney General; Chief Financial Officer; Commissioner of
  591  Agriculture; Secretary of State; State Attorney, with the
  592  applicable judicial circuit; and Public Defender, with the
  593  applicable judicial circuit.
  594         4. The office titles of State Senator and State
  595  Representative, with the applicable district for the office
  596  printed beneath.
  597         5. The office titles of Clerk of the Circuit Court or, when
  598  the Clerk of the Circuit Court also serves as the County
  599  Comptroller, Clerk of the Circuit Court and Comptroller, when
  600  authorized by law; Clerk of the County Court, when authorized by
  601  law; Sheriff; Property Appraiser; Tax Collector; District
  602  Superintendent of Schools; and Supervisor of Elections.
  603         6. The office titles of Board of County Commissioners, with
  604  the applicable district printed beneath each office, and such
  605  other county and district offices as are involved in the
  606  election, in the order fixed by the Department of State,
  607  followed, in the year of their election, by “Party Offices,” and
  608  thereunder the offices of state and county party executive
  609  committee members.
  610         (3)(a) The names of the candidates of the party that
  611  received the highest number of votes for Governor in the last
  612  election in which a Governor was elected shall be ordered
  613  randomly placed first for each office on the general election
  614  ballot, together with an appropriate abbreviation of the party
  615  name; the names of the candidates of the party that received the
  616  second highest vote for Governor shall be placed second for each
  617  office, together with an appropriate abbreviation of the party
  618  name.
  619         Section 16. Subsection (6) is added to section 101.5612,
  620  Florida Statutes, to read:
  621         101.5612 Testing of tabulating equipment.—
  622         (6)The supervisor of elections shall annually file with
  623  the Secretary of State a detailed plan for operations in the
  624  event that maximum voter turnout occurs on election day and that
  625  a recount is required in each race on a ballot.
  626         Section 17. Paragraph (a) of subsection (1), subsection
  627  (2), and paragraph (c) of subsection (4) of section 101.62,
  628  Florida Statutes, are amended, and subsection (8) is added to
  629  that section, to read:
  630         101.62 Request for vote-by-mail ballots.—
  631         (1)(a) The supervisor shall accept a request for a vote-by
  632  mail ballot from an elector in person or in writing. One request
  633  is deemed sufficient to receive a vote-by-mail ballot for all
  634  elections until the elector or the elector’s designee notifies
  635  the supervisor that the elector cancels such request through the
  636  end of the calendar year of the next regularly scheduled general
  637  election, unless the elector or the elector’s designee indicates
  638  at the time the request is made the elections within such period
  639  for which the elector desires to receive a vote-by-mail ballot.
  640  Such request may be considered canceled when any first-class
  641  mail sent by the supervisor to the elector is returned as
  642  undeliverable.
  643         (2) A request for a vote-by-mail ballot to be mailed to a
  644  voter must be received no later than 5 p.m. on the 11th 10th day
  645  before the election by the supervisor. The supervisor shall mail
  646  vote-by-mail ballots to voters requesting ballots by such
  647  deadline no later than 8 days before the election.
  648         (4)
  649         (c) The supervisor shall provide a vote-by-mail ballot to
  650  each elector by whom a request for that ballot has been made by
  651  one of the following means:
  652         1. By nonforwardable, return-if-undeliverable mail to the
  653  elector’s current mailing address on file with the supervisor or
  654  any other address the elector specifies in the request.
  655         2. By forwardable mail, e-mail, or facsimile machine
  656  transmission to absent uniformed services voters and overseas
  657  voters. The absent uniformed services voter or overseas voter
  658  may designate in the vote-by-mail ballot request the preferred
  659  method of transmission. If the voter does not designate the
  660  method of transmission, the vote-by-mail ballot must shall be
  661  mailed.
  662         3. By personal delivery before 7 p.m. on election day to
  663  the elector, upon presentation of the identification required in
  664  s. 101.043.
  665         4. By delivery to a designee on election day or up to 11 9
  666  days before the day of an election. Any elector may designate,
  667  in writing, a person to pick up the ballot for the elector;
  668  however, the person designated may not pick up more than two
  669  vote-by-mail ballots per election, other than the designee’s own
  670  ballot, except that additional ballots may be picked up for
  671  members of the designee’s immediate family. For purposes of this
  672  section, “immediate family” means the designee’s spouse or the
  673  parent, child, grandparent, grandchild, or sibling of the
  674  designee or of the designee’s spouse. The designee shall provide
  675  to the supervisor the written authorization by the elector and a
  676  picture identification of the designee and must complete an
  677  affidavit. The designee shall state in the affidavit that the
  678  designee is authorized by the elector to pick up that ballot and
  679  shall indicate if the elector is a member of the designee’s
  680  immediate family and, if so, the relationship. The department
  681  shall prescribe the form of the affidavit. If the supervisor is
  682  satisfied that the designee is authorized to pick up the ballot
  683  and that the signature of the elector on the written
  684  authorization matches the signature of the elector on file, the
  685  supervisor shall give the ballot to that designee for delivery
  686  to the elector.
  687         5. Except as provided in s. 101.655, the supervisor may not
  688  deliver a vote-by-mail ballot to an elector or an elector’s
  689  immediate family member on the day of the election unless there
  690  is an emergency, to the extent that the elector will be unable
  691  to go to his or her assigned polling place. If a vote-by-mail
  692  ballot is delivered, the elector or his or her designee must
  693  shall execute an affidavit affirming to the facts which allow
  694  for delivery of the vote-by-mail ballot. The department shall
  695  adopt a rule providing for the form of the affidavit.
  696         (8)If a deadline under this section falls on a day when
  697  the office of the supervisor is usually closed, the deadline
  698  must be extended until the next business day.
  699         Section 18. Paragraph (a) of subsection (1) and subsection
  700  (2) of section 101.64, Florida Statutes, are amended to read:
  701         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  702         (1)(a) The supervisor shall enclose with each vote-by-mail
  703  ballot two envelopes: a secrecy envelope, into which the absent
  704  elector shall enclose his or her marked ballot; and a postage
  705  prepaid mailing envelope, into which the absent elector must
  706  shall then place the secrecy envelope, which must shall be
  707  addressed to the supervisor and also bear on the back side a
  708  certificate in substantially the following form:
  709           Note: Please Read Instructions Carefully Before         
  710         Marking Ballot and Completing Voter’s Certificate.        
  711                         VOTER’S CERTIFICATE                       
  712         I, ...., do solemnly swear or affirm that I am a qualified
  713  and registered voter of .... County, Florida, and that I have
  714  not and will not vote more than one ballot in this election. I
  715  understand that if I commit or attempt to commit any fraud in
  716  connection with voting, vote a fraudulent ballot, or vote more
  717  than once in an election, I can be convicted of a felony of the
  718  third degree and fined up to $5,000 and/or imprisoned for up to
  719  5 years. I also understand that failure to sign this certificate
  720  will invalidate my ballot.
  721  ...(Date)...	
  722  ...(Voter’s Signature or Last Four Digits of Social Security
  723  Number)...
  724  ...(E-Mail Address)...	...(Home Telephone Number)...
  725  ...(Mobile Telephone Number)...
  726         (2) The certificate must shall be arranged on the back of
  727  the mailing envelope so that the line for the signature or last
  728  four digits of the social security number of the absent elector
  729  is across the seal of the envelope; however, a no statement may
  730  not shall appear on the envelope which indicates that a
  731  signature or the last four digits of the social security number
  732  of the voter must cross the seal of the envelope. The absent
  733  elector must shall execute the certificate on the envelope.
  734         Section 19. Section 101.65, Florida Statutes, is amended to
  735  read:
  736         101.65 Instructions to absent electors.—The supervisor
  737  shall enclose with each vote-by-mail ballot separate printed
  738  instructions in substantially the following form; however, where
  739  the instructions appear in capitalized text, the text of the
  740  printed instructions must be in bold font:
  741                  READ THESE INSTRUCTIONS CAREFULLY                
  742                       BEFORE MARKING BALLOT.                      
  743         1. VERY IMPORTANT. In order to ensure that your vote-by
  744  mail ballot will be counted, it should be completed and returned
  745  as soon as possible so that it can reach the supervisor of
  746  elections of the county in which your precinct is located no
  747  later than 7 p.m. on the day of the election. However, if you
  748  are an overseas voter casting a ballot in a presidential
  749  preference primary or general election, your vote-by-mail ballot
  750  must be postmarked or dated no later than the date of the
  751  election and received by the supervisor of elections of the
  752  county in which you are registered to vote no later than 10 days
  753  after the date of the election. Note that the later you return
  754  your ballot, the less time you will have to cure any signature
  755  deficiencies, which may cause your ballot not to be counted is
  756  authorized until 5 p.m. on the 2nd day after the election.
  757         2. Mark your ballot in secret as instructed on the ballot.
  758  You must mark your own ballot unless you are unable to do so
  759  because of blindness, disability, or inability to read or write.
  760         3. Mark only the number of candidates or issue choices for
  761  a race as indicated on the ballot. If you are allowed to “Vote
  762  for One” candidate and you vote for more than one candidate,
  763  your vote in that race will not be counted.
  764         4. Place your marked ballot in the enclosed secrecy
  765  envelope.
  766         5. Insert the secrecy envelope into the enclosed mailing
  767  envelope which is addressed to the supervisor.
  768         6. Seal the mailing envelope and completely fill out the
  769  Voter’s Certificate on the back of the mailing envelope.
  770         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
  771  be counted, you must sign your name or print the last four
  772  digits of your social security number on the line above (Voter’s
  773  Signature or Last Four Digits of Social Security Number). A
  774  vote-by-mail ballot will be considered illegal and not be
  775  counted if the signature or the last four digits of the social
  776  security number on the voter’s certificate do does not match the
  777  signature or social security number on record. The signature on
  778  file at the time the supervisor of elections in the county in
  779  which your precinct is located receives your vote-by-mail ballot
  780  is the signature that will be used to verify your signature on
  781  the voter’s certificate. If you need to update your signature
  782  for this election, send your signature update on a voter
  783  registration application to your supervisor of elections so that
  784  it is received before your vote-by-mail ballot is received.
  785         8. VERY IMPORTANT. If you are an overseas voter, you must
  786  include the date you signed the Voter’s Certificate or printed
  787  the last four digits of your social security number on the line
  788  above (Date) or your ballot may not be counted.
  789         9. Mail, deliver, or have delivered the completed mailing
  790  envelope. Be sure there is sufficient postage if mailed. THE
  791  COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
  792  SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
  793  LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE
  794  STATION, AVAILABLE AT EACH EARLY VOTING LOCATION.
  795         10. FELONY NOTICE. It is a felony under Florida law to
  796  accept any gift, payment, or gratuity in exchange for your vote
  797  for a candidate. It is also a felony under Florida law to vote
  798  in an election using a false identity or false address, or under
  799  any other circumstances making your ballot false or fraudulent.
  800         Section 20. Subsection (1), paragraph (c) of subsection
  801  (2), and paragraphs (a), (c), and (d) of subsection (4) of
  802  section 101.68, Florida Statutes, are amended to read:
  803         101.68 Canvassing of vote-by-mail ballot.—
  804         (1) The supervisor of the county where the absent elector
  805  resides shall receive the voted ballot, at which time the
  806  supervisor shall compare the signature or last four digits of
  807  the social security number of the elector on the voter’s
  808  certificate with the signature or last four digits of the social
  809  security number of the elector in the registration books or the
  810  precinct register to determine whether the elector is duly
  811  registered in the county and must record on the elector’s
  812  registration record that the elector has voted. During the
  813  signature comparison process, the supervisor may not use any
  814  knowledge of the political affiliation of the voter whose
  815  signature is subject to verification. An elector who dies after
  816  casting a vote-by-mail ballot but on or before election day must
  817  shall remain listed in the registration books until the results
  818  have been certified for the election in which the ballot was
  819  cast. The supervisor shall safely keep the ballot unopened in
  820  his or her office until the county canvassing board canvasses
  821  the vote. Except as provided in subsection (4), after a vote-by
  822  mail ballot is received by the supervisor, the ballot is deemed
  823  to have been cast, and changes or additions may not be made to
  824  the voter’s certificate.
  825         (2)
  826         (c)1. The canvassing board must, if the supervisor has not
  827  already done so, compare the signature or last four digits of
  828  the social security number of the elector on the voter’s
  829  certificate or on the vote-by-mail ballot cure affidavit as
  830  provided in subsection (4) with the signature or last four
  831  digits of the social security number of the elector in the
  832  registration books or the precinct register to see that the
  833  elector is duly registered in the county and to determine the
  834  legality of that vote-by-mail ballot. A vote-by-mail ballot may
  835  only be counted if:
  836         a. The signature or last four digits of the social security
  837  number on the voter’s certificate or the cure affidavit match
  838  matches the elector’s signature or last four digits of the
  839  social security number in the registration books or precinct
  840  register; however, in the case of a cure affidavit, the
  841  supporting identification listed in subsection (4) must also
  842  confirm the identity of the elector; or
  843         b. The cure affidavit contains a signature or last four
  844  digits of the social security number which do that does not
  845  match the elector’s signature or last four digits of the social
  846  security number in the registration books or precinct register,
  847  but the elector has submitted a current and valid Tier 1
  848  identification pursuant to subsection (4) which confirms the
  849  identity of the elector.
  850  
  851  For purposes of this subparagraph, any canvassing board finding
  852  that an elector’s signatures or last four digits of the social
  853  security numbers do not match must be by majority vote and
  854  beyond a reasonable doubt.
  855         2. The ballot of an elector who casts a vote-by-mail ballot
  856  shall be counted even if the elector dies on or before election
  857  day, as long as, before the death of the voter, the ballot was
  858  postmarked by the United States Postal Service, date-stamped
  859  with a verifiable tracking number by a common carrier, or
  860  already in the possession of the supervisor.
  861         3. A vote-by-mail ballot is not considered illegal if the
  862  signature or last four digits of the social security number of
  863  the elector do does not cross the seal of the mailing envelope.
  864         4. If any elector or candidate present believes that a
  865  vote-by-mail ballot is illegal due to a defect apparent on the
  866  voter’s certificate or the cure affidavit, he or she may, at any
  867  time before the ballot is removed from the envelope, file with
  868  the canvassing board a protest against the canvass of that
  869  ballot, specifying the precinct, the voter’s certificate or the
  870  cure affidavit, and the reason he or she believes the ballot to
  871  be illegal. A challenge based upon a defect in the voter’s
  872  certificate or cure affidavit may not be accepted after the
  873  ballot has been removed from the mailing envelope.
  874         5. If the canvassing board determines that a ballot is
  875  illegal, a member of the board must, without opening the
  876  envelope, mark across the face of the envelope: “rejected as
  877  illegal.” The cure affidavit, if applicable, the envelope, and
  878  the ballot therein must shall be preserved in the manner that
  879  official ballots are preserved.
  880         (4)(a) As soon as practicable, the supervisor shall, on
  881  behalf of the county canvassing board, attempt to notify an
  882  elector who has returned a vote-by-mail ballot that does not
  883  include the elector’s signature or last four digits of the
  884  social security number or contains a signature or last four
  885  digits of the social security number that do does not match the
  886  elector’s signature or last four digits of the social security
  887  number in the registration books or precinct register by:
  888         1. Notifying the elector of the signature or last four
  889  digits of the social security number deficiency by e-mail and
  890  directing the elector to the cure affidavit and instructions on
  891  the supervisor’s website;
  892         2. Notifying the elector of the signature or last four
  893  digits of the social security number deficiency by text message
  894  and directing the elector to the cure affidavit and instructions
  895  on the supervisor’s website; or
  896         3. Notifying the elector of the signature or last four
  897  digits of the social security number deficiency by telephone and
  898  directing the elector to the cure affidavit and instructions on
  899  the supervisor’s website.
  900  
  901  In addition to the notification required under subparagraph 1.,
  902  subparagraph 2., or subparagraph 3., the supervisor must notify
  903  the elector of the signature or last four digits of the social
  904  security number deficiency by first-class mail and direct the
  905  elector to the cure affidavit and instructions on the
  906  supervisor’s website. Beginning the day before the election, the
  907  supervisor is not required to provide notice of the signature
  908  deficiency by first-class mail, but shall continue to provide
  909  notice as required under subparagraph 1., subparagraph 2., or
  910  subparagraph 3.
  911         (c) The elector must complete a cure affidavit in
  912  substantially the following form:
  913                 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT                
  914         I, ...., am a qualified voter in this election and
  915  registered voter of .... County, Florida. I do solemnly swear or
  916  affirm that I requested and returned the vote-by-mail ballot and
  917  that I have not and will not vote more than one ballot in this
  918  election. I understand that if I commit or attempt any fraud in
  919  connection with voting, vote a fraudulent ballot, or vote more
  920  than once in an election, I may be convicted of a felony of the
  921  third degree and fined up to $5,000 and imprisoned for up to 5
  922  years. I understand that my failure to sign this affidavit means
  923  that my vote-by-mail ballot will be invalidated.
  924  ...(Voter’s Signature or Last Four Digits of Social Security
  925  Number)...
  926  ...(Address)...
  927         (d) Instructions must accompany the cure affidavit in
  928  substantially the following form:
  929         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  930  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  931  BALLOT NOT TO COUNT.
  932         1. In order to ensure that your vote-by-mail ballot will be
  933  counted, your affidavit should be completed and returned as soon
  934  as possible so that it can reach the supervisor of elections of
  935  the county in which your precinct is located no later than 5
  936  p.m. on the 2nd day after the election.
  937         2. You must sign your name or print the last four digits of
  938  your social security number on the line above (Voter’s Signature
  939  or Last Four Digits of Social Security Number).
  940         3. You must make a copy of one of the following forms of
  941  identification:
  942         a. Tier 1 identification.—Current and valid identification
  943  that includes your name and photograph: Florida driver license;
  944  Florida identification card issued by the Department of Highway
  945  Safety and Motor Vehicles; United States passport; debit or
  946  credit card; military identification; student identification;
  947  retirement center identification; neighborhood association
  948  identification; public assistance identification; veteran health
  949  identification card issued by the United States Department of
  950  Veterans Affairs; a Florida license to carry a concealed weapon
  951  or firearm; or an employee identification card issued by any
  952  branch, department, agency, or entity of the Federal Government,
  953  the state, a county, or a municipality; or
  954         b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
  955  FORM OF IDENTIFICATION, identification that shows your name and
  956  current residence address: current utility bill, bank statement,
  957  government check, paycheck, or government document (excluding
  958  voter information card).
  959         4. Place the envelope bearing the affidavit into a mailing
  960  envelope addressed to the supervisor. Insert a copy of your
  961  identification in the mailing envelope. Mail (if time permits),
  962  deliver, or have delivered the completed affidavit along with
  963  the copy of your identification to your county supervisor of
  964  elections. Be sure there is sufficient postage if mailed and
  965  that the supervisor’s address is correct. Remember, your
  966  information MUST reach your county supervisor of elections no
  967  later than 5 p.m. on the 2nd day after the election, or your
  968  ballot will not count.
  969         5. Alternatively, you may fax or e-mail your completed
  970  affidavit and a copy of your identification to the supervisor of
  971  elections. If e-mailing, please provide these documents as
  972  attachments.
  973         Section 21. Section 101.6952, Florida Statutes, is amended
  974  to read:
  975         101.6952 Vote-by-mail ballots for absent uniformed services
  976  and overseas voters.—
  977         (1) If an absent uniformed services voter’s or an overseas
  978  voter’s request for an official vote-by-mail ballot pursuant to
  979  s. 101.62 includes an e-mail address, the supervisor of
  980  elections must shall:
  981         (a) Record the voter’s e-mail address in the vote-by-mail
  982  ballot record;
  983         (b) Confirm by e-mail that the vote-by-mail ballot request
  984  was received and include in that e-mail the estimated date the
  985  vote-by-mail ballot will be sent to the voter; and
  986         (c) Notify the voter by e-mail when the voted vote-by-mail
  987  ballot is received by the supervisor of elections.
  988         (2)(a) An absent uniformed services voter or an overseas
  989  voter who makes timely application for but does not receive an
  990  official vote-by-mail ballot may use the federal write-in
  991  absentee ballot to vote in any federal, state, or local
  992  election.
  993         (b)1. In an election for federal office, an elector may
  994  designate a candidate by writing the name of a candidate on the
  995  ballot. Except for a primary or special primary election, the
  996  elector may alternatively designate a candidate by writing the
  997  name of a political party on the ballot. A written designation
  998  of the political party must shall be counted as a vote for the
  999  candidate of that party if there is such a party candidate in
 1000  the race.
 1001         2. In a state or local election, an elector may vote in the
 1002  section of the federal write-in absentee ballot designated for
 1003  nonfederal races by writing on the ballot the title of each
 1004  office and by writing on the ballot the name of the candidate
 1005  for whom the elector is voting. Except for a primary, special
 1006  primary, or nonpartisan election, the elector may alternatively
 1007  designate a candidate by writing the name of a political party
 1008  on the ballot. A written designation of the political party must
 1009  shall be counted as a vote for the candidate of that party if
 1010  there is such a party candidate in the race. In addition, the
 1011  elector may vote on any ballot measure presented in such
 1012  election by identifying the ballot measure on which he or she
 1013  desires to vote and specifying his or her vote on the measure.
 1014  For purposes of this section, a vote cast in a judicial merit
 1015  retention election must shall be treated in the same manner as a
 1016  ballot measure in which the only allowable responses are “Yes”
 1017  or “No.”
 1018         (c) In the case of a joint candidacy, such as for the
 1019  offices of President/Vice President or Governor/Lieutenant
 1020  Governor, a valid vote for one or both qualified candidates on
 1021  the same ticket constitutes shall constitute a vote for the
 1022  joint candidacy.
 1023         (d) For purposes of this subsection and except when the
 1024  context clearly indicates otherwise, such as when a candidate in
 1025  the election is affiliated with a political party whose name
 1026  includes the word “Independent,” “Independence,” or a similar
 1027  term, a voter designation of “No Party Affiliation” or
 1028  “Independent,” or any minor variation, misspelling, or
 1029  abbreviation thereof, shall be considered a designation for the
 1030  candidate, other than a write-in candidate, who qualified to run
 1031  in the race with no party affiliation. If more than one
 1032  candidate qualifies to run as a candidate with no party
 1033  affiliation, the designation may not count for any candidate
 1034  unless there is a valid, additional designation of the
 1035  candidate’s name.
 1036         (e) Any abbreviation, misspelling, or other minor variation
 1037  in the form of the name of an office, the name of a candidate,
 1038  the ballot measure, or the name of a political party must be
 1039  disregarded in determining the validity of the ballot.
 1040         (3)(a) An absent uniformed services voter or an overseas
 1041  voter who submits a federal write-in absentee ballot and later
 1042  receives an official vote-by-mail ballot may submit the official
 1043  vote-by-mail ballot. An elector who submits a federal write-in
 1044  absentee ballot and later receives and submits an official vote
 1045  by-mail ballot should make every reasonable effort to inform the
 1046  appropriate supervisor of elections that the elector has
 1047  submitted more than one ballot.
 1048         (b) A federal write-in absentee ballot may not be canvassed
 1049  until 7 p.m. on the day of the election. A federal write-in
 1050  absentee ballot from an absent overseas voter in a presidential
 1051  preference primary or general election may not be canvassed
 1052  until the conclusion of the 10-day period specified in
 1053  subsection (5). Each federal write-in absentee ballot received
 1054  by 7 p.m. on the day of the election must shall be canvassed
 1055  pursuant to ss. 101.5614(4) and 101.68, unless the elector’s
 1056  official vote-by-mail ballot is received by 7 p.m. on election
 1057  day. Each federal write-in absentee ballot from an absent
 1058  overseas voter in a presidential preference primary or general
 1059  election received by 10 days after the date of the election must
 1060  shall be canvassed pursuant to ss. 101.5614(4) and 101.68,
 1061  unless the absent overseas voter’s official vote-by-mail ballot
 1062  is received by 10 days after the date of the election. If the
 1063  elector’s official vote-by-mail ballot is received by 7 p.m. on
 1064  election day, or, for an overseas voter in a presidential
 1065  preference primary or general election, no later than 10 days
 1066  after the date of the election, the federal write-in absentee
 1067  ballot is invalid and the official vote-by-mail ballot must
 1068  shall be canvassed. The time shall be regulated by the customary
 1069  time in standard use in the county seat of the locality.
 1070         (4) For vote-by-mail ballots received from absent uniformed
 1071  services voters or overseas voters, there is a presumption that
 1072  the envelope was mailed on the date stated on the outside of the
 1073  return envelope, regardless of the absence of a postmark on the
 1074  mailed envelope or the existence of a postmark date that is
 1075  later than the date of the election.
 1076         (5) A vote-by-mail ballot from an absent overseas voter in
 1077  any presidential preference primary or general election which is
 1078  postmarked or dated no later than the date of the election and
 1079  is received by the supervisor of elections of the county in
 1080  which the absent overseas voter is registered no later than 10
 1081  days after the date of the election must shall be counted as
 1082  long as the vote-by-mail ballot is otherwise proper.
 1083         Section 22. Subsection (6) is added to section 101.71,
 1084  Florida Statutes, to read:
 1085         101.71 Polling place.—
 1086         (6)A polling place may not be located within a gated
 1087  community unless the legal residence of every elector in the
 1088  precinct is within such gated community.
 1089         Section 23. Paragraph (f) is added to subsection (4) and
 1090  subsection (6) is added to section 102.031, Florida Statutes, to
 1091  read:
 1092         102.031 Maintenance of good order at polls; authorities;
 1093  persons allowed in polling rooms and early voting areas;
 1094  unlawful solicitation of voters.—
 1095         (4)
 1096         (f)A person may provide food, water, or other items,
 1097  including, but not limited to, over-the-counter medication,
 1098  chairs, fans, and umbrellas or other rain gear, to voters
 1099  standing in line to vote outside the no-solicitation zone.
 1100         (6)Bullhorns or other devices used to amplify sound are
 1101  prohibited in close proximity to:
 1102         (a)A polling place during voting hours.
 1103         (b)An office of the supervisor during a recount.
 1104         Section 24. Subsection (2) of section 102.111, Florida
 1105  Statutes, is amended to read:
 1106         102.111 Elections Canvassing Commission.—
 1107         (2) The Elections Canvassing Commission shall meet at 9
 1108  a.m. on the 9th day after a primary election to certify the
 1109  returns for each federal, state, and multicounty office. The
 1110  commission shall meet and at 9 a.m. on the 14th day after a
 1111  general election to certify the returns of the election for each
 1112  federal, state, and multicounty office. The commission shall
 1113  meet at 9 a.m. on the 21st day after a general election to
 1114  certify the returns for each federal and state office. If a
 1115  member of a county canvassing board that was constituted
 1116  pursuant to s. 102.141 determines, within 5 days after the
 1117  certification by the Elections Canvassing Commission, that a
 1118  typographical error occurred in the official returns of the
 1119  county, the correction of which could result in a change in the
 1120  outcome of an election, the county canvassing board must certify
 1121  corrected returns to the Department of State within 24 hours,
 1122  and the Elections Canvassing Commission must correct and
 1123  recertify the election returns as soon as practicable.
 1124         Section 25. Subsection (2) of section 102.112, Florida
 1125  Statutes, is amended to read:
 1126         102.112 Deadline for submission of county returns to the
 1127  Department of State.—
 1128         (2) Returns must be filed by 5 p.m. on the 7th day
 1129  following a primary election, and by noon on the 12th day
 1130  following the general election for multicounty offices, and by
 1131  noon on the 19th day following the general election for federal
 1132  and statewide offices. However, the Department of State may
 1133  correct typographical errors, including the transposition of
 1134  numbers, in any returns submitted to the Department of State
 1135  pursuant to s. 102.111(2).
 1136         Section 26. Section 102.181, Florida Statutes, is created
 1137  to read:
 1138         102.181Action against supervisor of elections.—
 1139         (1)Any elector qualified to vote in or any candidate for
 1140  office in an election may file an action against the supervisor
 1141  of elections administering such election for noncompliance with
 1142  any provision of this code.
 1143         (2)Any elector or candidate who files such an action is
 1144  entitled to an immediate hearing.
 1145         (3)In any such action, any filing fees or costs must be
 1146  waived, and attorney fees must be awarded to the prevailing
 1147  party or parties.
 1148         Section 27. This act shall take effect July 1, 2023.
 1149  
 1150  ================= T I T L E  A M E N D M E N T ================
 1151  And the title is amended as follows:
 1152         Delete lines 2442 - 2769
 1153  and insert:
 1154         An act relating to elections; amending s. 20.10, F.S.;
 1155         requiring the Secretary of State to be elected rather
 1156         than appointed; specifying when such election must
 1157         occur; amending s. 97.053, F.S.; requiring an
 1158         applicant to designate a party affiliation or select
 1159         “no party affiliation” to be registered to vote;
 1160         requiring a supervisor of elections to provide a
 1161         certain notification; requiring the voter registration
 1162         application to include certain information; creating
 1163         s. 97.0556, F.S.; authorizing a person who meets
 1164         certain requirements to register to vote at an early
 1165         voting site or at his or her polling place and to
 1166         immediately thereafter cast a ballot; amending s.
 1167         97.057, F.S.; authorizing the Department of Highway
 1168         Safety and Motor Vehicles to preregister certain
 1169         individuals to vote; providing that driver license or
 1170         identification card applications, driver license or
 1171         identification card renewal applications, and
 1172         applications for changes of address for existing
 1173         driver licenses or identification cards submitted to
 1174         the department serve as voter registration
 1175         applications; providing that an applicant is deemed to
 1176         have consented to the use of his or her signature for
 1177         voter registration purposes unless a declination is
 1178         made; requiring specified applications to include a
 1179         voter registration component, subject to approval by
 1180         the Department of State; providing requirements for
 1181         the voter registration component; requiring the
 1182         Department of Highway Safety and Motor Vehicles to
 1183         electronically transmit voter registration information
 1184         to the Department of State within a specified
 1185         timeframe; requiring the Department of State to
 1186         provide such information to supervisors of elections,
 1187         as applicable; deleting obsolete language; making
 1188         technical changes; amending s. 97.0575, F.S.; revising
 1189         certain penalties for third-party voter registration
 1190         organizations; deleting the aggregate limit of such
 1191         penalties; amending s. 98.045, F.S.; conforming a
 1192         cross-reference; amending s. 98.065, F.S.; revising
 1193         requirements for registration list maintenance
 1194         programs; requiring supervisors to designate voters as
 1195         inactive if certain conditions are met; prohibiting
 1196         the number of voters on the inactive list from being
 1197         used to calculate the number of signatures necessary
 1198         for a petition; providing conditions under which a
 1199         voter on the inactive list may be restored to the
 1200         active list; requiring an inactive voter’s name to be
 1201         removed from the statewide voter registration system
 1202         if certain conditions are met; providing requirements
 1203         for such inactive voter to have his or her name
 1204         restored to the system; amending s. 99.061, F.S.;
 1205         authorizing a candidate to pay his or her
 1206         qualification fee with a cashier’s check; amending
 1207         100.111, F.S.; requiring the Governor to consult with
 1208         affected supervisors of elections in fixing the dates
 1209         for special elections; requiring the Governor, in the
 1210         event of a vacancy in a state legislative office, to
 1211         limit the period of such vacancy during a regular
 1212         legislative session to the greatest extent possible in
 1213         fixing a special election date; requiring the Governor
 1214         to fix the date for a special election to be held
 1215         within a certain timeframe; revising the minimum time
 1216         between a special primary election and a special
 1217         election; amending s. 100.141, F.S.; requiring the
 1218         Governor to issue an order calling for a special
 1219         election within a certain timeframe; conforming a
 1220         provision to changes made by the act; amending s.
 1221         100.371, F.S.; providing a requirement for the
 1222         delivery of certain petition forms; creating s.
 1223         100.51, F.S.; establishing General Election Day as a
 1224         paid holiday; providing that an elector may absent
 1225         himself or herself from service or employment at a
 1226         specific time on a General Election Day and may not be
 1227         penalized or have salary or wages reduced for such
 1228         absence; creating s. 101.016, F.S.; requiring the
 1229         Division of Elections to maintain a strategic
 1230         elections equipment reserve of voting systems and
 1231         other equipment for specified purposes; requiring such
 1232         reserve to include specified equipment; authorizing
 1233         the division to contract with specified entities
 1234         rather than physically maintain such reserve; amending
 1235         s. 101.048, F.S.; providing that a voter may cast a
 1236         provisional vote at any precinct in the county in
 1237         which the voter claims to be registered; amending s.
 1238         101.151, F.S.; revising the order in which office
 1239         titles and names of candidates are placed on the
 1240         ballot; conforming provisions to changes made by the
 1241         act; amending s. 101.5612, F.S.; requiring supervisors
 1242         of elections to annually file a plan for operations
 1243         under certain conditions; amending s. 101.62, F.S.;
 1244         providing that a request for a vote-by-mail ballot is
 1245         valid until such request is canceled; revising the
 1246         deadline by which requests for vote-by-mail ballots
 1247         must be received by a supervisor of elections;
 1248         revising the period during which a supervisor of
 1249         elections may deliver certain ballots; deleting
 1250         requirements for a person designated by an elector to
 1251         pick up the elector’s vote-by-mail ballot; providing
 1252         for extension of deadlines under certain conditions;
 1253         amending s. 101.64, F.S.; requiring supervisors of
 1254         elections to enclose a postage prepaid mailing
 1255         envelope with each vote-by-mail ballot; providing that
 1256         vote-by-mail ballot voter certificates may be signed
 1257         with the last four digits of the voter’s social
 1258         security number; amending s. 101.65, F.S.; revising
 1259         instructions that must be provided with a vote-by-mail
 1260         ballot; amending s. 101.68, F.S.; requiring
 1261         supervisors of elections to compare the signature or
 1262         last four digits of the social security number on a
 1263         voter’s certificate with the signature or last four
 1264         digits of the social security number in the
 1265         registration books or precinct register when
 1266         canvassing a vote-by-mail ballot; requiring a
 1267         canvassing board to compare the signature or last four
 1268         digits of the social security number on a voter’s
 1269         certificate or cure affidavit with the signature or
 1270         last four digits of the social security number in the
 1271         registration books or precinct register when
 1272         canvassing a vote-by-mail ballot; deleting the
 1273         authorization for certain persons to file a protest
 1274         against the canvass of a ballot; amending s. 101.6952,
 1275         F.S.; authorizing an absent voter to submit a federal
 1276         write-in absentee ballot or vote-by-mail ballot;
 1277         revising requirements for the canvassing of specified
 1278         ballots; providing that a certain presumption applies
 1279         to vote-by-mail ballots received from absent voters;
 1280         requiring a vote-by-mail ballot from an absent voter
 1281         which is postmarked or dated by a certain date to be
 1282         counted; amending s. 101.71, F.S.; prohibiting a
 1283         polling place from being located within a gated
 1284         community unless certain conditions are met; amending
 1285         s. 102.031, F.S.; authorizing a person to provide
 1286         food, water, or other items to certain voters;
 1287         prohibiting the use of devices that amplify sound in
 1288         certain locations during certain hours; amending s.
 1289         102.111, F.S.; revising the dates by which the
 1290         Elections Canvassing Commission must certify certain
 1291         election returns; amending s. 102.112, F.S.; revising
 1292         the deadlines for submission of county returns to the
 1293         Department of State; creating s. 102.181, F.S.;
 1294         authorizing certain persons to file actions against a
 1295         supervisor of elections for noncompliance with the
 1296         election code; providing that such persons are
 1297         entitled to an immediate hearing; providing for the
 1298         waiver of fees and costs and the awarding of attorney
 1299         fees; providing an effective date.