Florida Senate - 2023 SENATOR AMENDMENT
Bill No. CS for SB 7050
Ì896738\Î896738
LEGISLATIVE ACTION
Senate . House
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Senator Thompson moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 20.10, Florida
6 Statutes, is amended to read:
7 20.10 Department of State.—There is created a Department of
8 State.
9 (1) The head of the Department of State is the Secretary of
10 State. The Secretary of State shall be elected at the statewide
11 general election at which the Governor, Lieutenant Governor, and
12 Cabinet officers are elected as provided in s. 5, Art. IV of the
13 State Constitution, for a term of 4 years beginning on the first
14 Tuesday after the first Monday in January of the year following
15 such election appointed by the Governor, subject to confirmation
16 by the Senate, and shall serve at the pleasure of the Governor.
17 The Secretary of State shall perform the functions conferred by
18 the State Constitution upon the custodian of state records.
19 Section 2. Paragraph (b) of subsection (5) of section
20 97.053, Florida Statutes, is amended to read:
21 97.053 Acceptance of voter registration applications.—
22 (5)
23 (b) An applicant who fails to designate party affiliation
24 or affirmatively select “no party affiliation” may not must be
25 registered without party affiliation. The supervisor must notify
26 the voter by mail that the voter has not been registered without
27 party affiliation and that the voter must complete a new
28 registration application and designate a party affiliation or
29 affirmatively select “no party affiliation.” The voter
30 registration application must clearly denote this requirement
31 may change party affiliation as provided in s. 97.1031.
32 Section 3. Section 97.0556, Florida Statutes, is created to
33 read:
34 97.0556 Same-day voter registration.—A person who meets the
35 qualifications to register to vote in s. 97.041 and who provides
36 the information required for the statewide voter registration
37 application in s. 97.052 may register at an early voting site or
38 at his or her polling place and immediately thereafter cast a
39 ballot.
40 Section 4. Section 97.057, Florida Statutes, is amended to
41 read:
42 97.057 Voter registration by the Department of Highway
43 Safety and Motor Vehicles.—
44 (1) Each of the following serves as an application The
45 Department of Highway Safety and Motor Vehicles shall provide
46 the opportunity to preregister to vote, register to vote, or to
47 update a voter registration record when submitted to the
48 Department of Highway Safety and Motor Vehicles to each
49 individual who comes to an office of that department to:
50 (a) An application for or a renewal of Apply for or renew a
51 driver license;
52 (b) An application for or a renewal of Apply for or renew
53 an identification card pursuant to chapter 322; or
54 (c) An application for a change of an address on an
55 existing driver license or identification card.
56
57 Unless the applicant declines to register or preregister to
58 vote, he or she is deemed to have consented to the use of the
59 signature from his or her driver license or identification card
60 application for voter registration purposes.
61 (2) An application for a driver license or an
62 identification card must include a voter registration component.
63 The voter registration component must be approved by the
64 Department of State and must contain all of the following:
65 (a) The minimum amount of information necessary to prevent
66 duplicate voter registrations and to preserve the ability of the
67 department and supervisors of elections to assess the
68 eligibility of the applicant and administer voter registration
69 and other provisions of this code.
70 (b) A statement setting forth voting eligibility
71 requirements.
72 (c) An explanation that the applicant is consenting to the
73 use of his or her signature from the applicant’s driver license
74 or identification card application for voter registration
75 purposes. By consenting to the use of his or her signature, the
76 applicant is deemed to have subscribed to the oath required by
77 s. 3, Art. VI of the State Constitution and s. 97.051 and to
78 have sworn and affirmed that the voter registration information
79 contained in the application is true under penalty for false
80 swearing pursuant to s. 104.011.
81 (d) An option that allows the applicant to choose or update
82 a party affiliation; otherwise, an applicant who is initially
83 registering to vote and does not exercise such option shall be
84 sent a notice by the supervisor of elections in accordance with
85 s. 97.053(5)(b).
86 (e) An option that allows the applicant to decline to
87 register to vote or preregister to vote. The Department of
88 Highway Safety and Motor Vehicles shall note any such
89 declination in its records and forward the declination to the
90 Department of State. Any declination may be used only for voter
91 registration purposes and is confidential and exempt from public
92 records requirements as provided in s. 97.0585.
93 (3) The Department of Highway Safety and Motor Vehicles
94 shall:
95 (a) Develop a voter registration component for applications
96 which meets the requirements set forth in subsection (2).
97 (b) Electronically transmit the voter registration
98 component of an applicant’s driver license or identification
99 card application to the Department of State within 24 hours
100 after receipt. Upon receipt of the voter registration component,
101 the Department of State shall provide the information to the
102 supervisor of the county in which the applicant is registering
103 or preregistering to vote or updating his or her voter
104 registration record.
105 (2) The Department of Highway Safety and Motor Vehicles
106 shall:
107 (a) Notify each individual, orally or in writing, that:
108 1. Information gathered for the completion of a driver
109 license or identification card application, renewal, or change
110 of address can be automatically transferred to a voter
111 registration application;
112 2. If additional information and a signature are provided,
113 the voter registration application will be completed and sent to
114 the proper election authority;
115 3. Information provided can also be used to update a voter
116 registration record;
117 4. All declinations will remain confidential and may be
118 used only for voter registration purposes; and
119 5. The particular driver license office in which the person
120 applies to register to vote or updates a voter registration
121 record will remain confidential and may be used only for voter
122 registration purposes.
123 (b) Require a driver license examiner to inquire orally or,
124 if the applicant is hearing impaired, inquire in writing whether
125 the applicant wishes to register to vote or update a voter
126 registration record during the completion of a driver license or
127 identification card application, renewal, or change of address.
128 1. If the applicant chooses to register to vote or to
129 update a voter registration record:
130 a. All applicable information received by the Department of
131 Highway Safety and Motor Vehicles in the course of filling out
132 the forms necessary under subsection (1) must be transferred to
133 a voter registration application.
134 b. The additional necessary information must be obtained by
135 the driver license examiner and must not duplicate any
136 information already obtained while completing the forms required
137 under subsection (1).
138 c. A voter registration application with all of the
139 applicant’s voter registration information required to establish
140 the applicant’s eligibility pursuant to s. 97.041 must be
141 presented to the applicant to review and verify the voter
142 registration information received and provide an electronic
143 signature affirming the accuracy of the information provided.
144 2. If the applicant declines to register to vote, update
145 the applicant’s voter registration record, or change the
146 applicant’s address by either orally declining or by failing to
147 sign the voter registration application, the Department of
148 Highway Safety and Motor Vehicles must note such declination on
149 its records and shall forward the declination to the statewide
150 voter registration system.
151 (3) For the purpose of this section, the Department of
152 Highway Safety and Motor Vehicles, with the approval of the
153 Department of State, shall prescribe:
154 (a) A voter registration application that is the same in
155 content, format, and size as the uniform statewide voter
156 registration application prescribed under s. 97.052; and
157 (b) A form that will inform applicants under subsection (1)
158 of the information contained in paragraph (2)(a).
159 (4) The Department of Highway Safety and Motor Vehicles
160 must electronically transmit completed voter registration
161 applications within 24 hours after receipt to the statewide
162 voter registration system. Completed paper voter registration
163 applications received by the Department of Highway Safety and
164 Motor Vehicles shall be forwarded within 5 days after receipt to
165 the supervisor of the county where the office that processed or
166 received that application is located.
167 (5) The Department of Highway Safety and Motor Vehicles
168 must send, with each driver license renewal extension
169 application authorized pursuant to s. 322.18(8), a uniform
170 statewide voter registration application, the voter registration
171 application prescribed under paragraph (3)(a), or a voter
172 registration application developed especially for the purposes
173 of this subsection by the Department of Highway Safety and Motor
174 Vehicles, with the approval of the Department of State, which
175 must meet the requirements of s. 97.052.
176 (4)(6) A person providing voter registration services for a
177 driver license office may not:
178 (a) Seek to influence an applicant’s political preference
179 or party registration;
180 (b) Display any political preference or party allegiance;
181 (c) Make any statement to an applicant or take any action
182 the purpose or effect of which is to discourage the applicant
183 from registering to vote; or
184 (d) Disclose any applicant’s voter registration information
185 except as needed for the administration of voter registration.
186 (5)(7) The Department of Highway Safety and Motor Vehicles
187 shall collect data determined necessary by the Department of
188 State for program evaluation and reporting to the Election
189 Assistance Commission pursuant to federal law.
190 (6)(8) The Department of Highway Safety and Motor Vehicles
191 shall must ensure that all voter registration services provided
192 by driver license offices are in compliance with the Voting
193 Rights Act of 1965.
194 (7)(9) The Department of Highway Safety and Motor Vehicles
195 shall retain complete records of voter registration information
196 received, processed, and submitted to the Department of State
197 statewide voter registration system by the Department of Highway
198 Safety and Motor Vehicles. The retention of such These records
199 is shall be for the explicit purpose of supporting audit and
200 accounting controls established to ensure accurate and complete
201 electronic transmission of records between the Department of
202 State statewide voter registration system and the Department of
203 Highway Safety and Motor Vehicles.
204 (8)(10) The Department of State shall provide the
205 Department of Highway Safety and Motor Vehicles with an
206 electronic database of street addresses valid for use as the
207 address of legal residence as required in s. 97.053(5). The
208 Department of Highway Safety and Motor Vehicles shall compare
209 the address provided by the applicant against the database of
210 valid street addresses. If the address provided by the applicant
211 does not match a valid street address in the database, the
212 applicant will be asked to verify the address provided. The
213 Department of Highway Safety and Motor Vehicles may shall not
214 reject any application for voter registration for which a valid
215 match cannot be made.
216 (9)(11) The Department of Highway Safety and Motor Vehicles
217 shall enter into an agreement with the Department of State to
218 match information in the statewide voter registration system
219 with information in the database of the Department of Highway
220 Safety and Motor Vehicles to the extent required to verify the
221 accuracy of the driver license number, Florida identification
222 number, or last four digits of the social security number
223 provided on applications for voter registration as required in
224 s. 97.053.
225 (10)(12) The Department of Highway Safety and Motor
226 Vehicles shall enter into an agreement with the Commissioner of
227 Social Security as required by the Help America Vote Act of 2002
228 to verify the last four digits of the social security number
229 provided in applications for voter registration as required in
230 s. 97.053.
231 (11)(13) The Department of Highway Safety and Motor
232 Vehicles shall must assist the Department of State in regularly
233 identifying changes in residence address on the driver license
234 or identification card of a voter. The Department of State shall
235 must report each such change to the appropriate supervisor of
236 elections who must change the voter’s registration records in
237 accordance with s. 98.065(5).
238 Section 5. Paragraph (a) of subsection (3) of section
239 97.0575, Florida Statutes, is amended to read:
240 97.0575 Third-party voter registrations.—
241 (3)(a) A third-party voter registration organization that
242 collects voter registration applications serves as a fiduciary
243 to the applicant, ensuring that any voter registration
244 application entrusted to the organization, irrespective of party
245 affiliation, race, ethnicity, or gender, must be promptly
246 delivered to the division or the supervisor of elections in the
247 county in which the applicant resides within 14 days after the
248 application was completed by the applicant, but not after
249 registration closes for the next ensuing election. If a voter
250 registration application collected by any third-party voter
251 registration organization is not promptly delivered to the
252 division or supervisor of elections in the county in which the
253 applicant resides, the third-party voter registration
254 organization is liable for the following fines:
255 1. A fine in the amount of $50 for each application
256 received by the division or the supervisor of elections in the
257 county in which the applicant resides more than 14 days after
258 the applicant delivered the completed voter registration
259 application to the third-party voter registration organization
260 or any person, entity, or agent acting on its behalf. A fine in
261 the amount of $250 for each application received if the third
262 party voter registration organization or person, entity, or
263 agency acting on its behalf acted willfully.
264 2. A fine in the amount of $100 for each application
265 collected by a third-party voter registration organization or
266 any person, entity, or agent acting on its behalf, before book
267 closing for any given election for federal or state office and
268 received by the division or the supervisor of elections in the
269 county in which the applicant resides after the book-closing
270 deadline for such election. A fine in the amount of $500 for
271 each application received if the third-party registration
272 organization or person, entity, or agency acting on its behalf
273 acted willfully.
274 3. A fine in the amount of $500 for each application
275 collected by a third-party voter registration organization or
276 any person, entity, or agent acting on its behalf, which is not
277 submitted to the division or supervisor of elections in the
278 county in which the applicant resides. A fine in the amount of
279 $1,000 for any application not submitted if the third-party
280 voter registration organization or person, entity, or agency
281 acting on its behalf acted willfully.
282
283 The aggregate fine pursuant to this paragraph which may be
284 assessed against a third-party voter registration organization,
285 including affiliate organizations, for violations committed in a
286 calendar year is $50,000.
287 Section 6. Paragraph (b) of subsection (4) of section
288 98.045, Florida Statutes, is amended to read:
289 98.045 Administration of voter registration.—
290 (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
291 STREET ADDRESSES.—
292 (b) The department shall make the statewide database of
293 valid street addresses available to the Department of Highway
294 Safety and Motor Vehicles as provided in s. 97.057(8) s.
295 97.057(10). The Department of Highway Safety and Motor Vehicles
296 shall use the database for purposes of validating the legal
297 residential addresses provided in voter registration
298 applications received by the Department of Highway Safety and
299 Motor Vehicles.
300 Section 7. Subsection (4) of section 98.065, Florida
301 Statutes, is amended to read:
302 98.065 Registration list maintenance programs.—
303 (4) The supervisor shall designate as inactive all voters
304 who have not voted in at least one of the last two general
305 elections and who have been sent an address confirmation final
306 notice and have not returned the postage prepaid, preaddressed
307 return form within 30 days or for whom the final notice has been
308 returned as undeliverable. Names on the inactive list may not be
309 used to calculate the number of signatures needed on any
310 petition. A voter on the inactive list may be restored to the
311 active list of voters upon the voter updating his or her
312 registration, requesting a vote-by-mail ballot, or voting in an
313 election. However, if the voter does not update his or her voter
314 registration information, request a vote-by-mail ballot, or vote
315 by the second general election after being placed on the
316 inactive list, the voter’s name must be removed from the
317 statewide voter registration system, and the voter must
318 reregister to have his or her name restored to A registration
319 list maintenance program must be conducted by each supervisor,
320 at a minimum, once each year and must be completed not later
321 than 90 days before the date of any federal election. All list
322 maintenance actions associated with each voter must be entered,
323 tracked, and maintained in the statewide voter registration
324 system.
325 Section 8. Paragraph (a) of subsection (7) of section
326 99.061, Florida Statutes, is amended to read:
327 99.061 Method of qualifying for nomination or election to
328 federal, state, county, or district office.—
329 (7)(a) In order for a candidate to be qualified, the
330 following items must be received by the filing officer by the
331 end of the qualifying period:
332 1. A cashier’s check purchased with campaign account funds
333 or a properly executed check drawn upon the candidate’s campaign
334 account payable to the person or entity as prescribed by the
335 filing officer in an amount not less than the fee required by s.
336 99.092, unless the candidate obtained the required number of
337 signatures on petitions pursuant to s. 99.095. The filing fee
338 for a special district candidate is not required to be drawn
339 upon the candidate’s campaign account. If a candidate’s check is
340 returned by the bank for any reason, the filing officer must
341 shall immediately notify the candidate, and the candidate has
342 shall have until the end of qualifying to pay the fee with a
343 cashier’s check purchased from funds of the campaign account.
344 Failure to pay the fee as provided in this subparagraph
345 disqualifies shall disqualify the candidate.
346 2. The candidate’s oath required by s. 99.021, which must
347 contain the name of the candidate as it is to appear on the
348 ballot; the office sought, including the district or group
349 number if applicable; and the signature of the candidate, which
350 must be verified under oath or affirmation pursuant to s.
351 92.525(1)(a).
352 3. If the office sought is partisan, the written statement
353 of political party affiliation required by s. 99.021(1)(b); or
354 if the candidate is running without party affiliation for a
355 partisan office, the written statement required by s.
356 99.021(1)(c).
357 4. The completed form for the appointment of campaign
358 treasurer and designation of campaign depository, as required by
359 s. 106.021.
360 5. The full and public disclosure or statement of financial
361 interests required by subsection (5). A public officer who has
362 filed the full and public disclosure or statement of financial
363 interests with the Commission on Ethics or the supervisor before
364 of elections prior to qualifying for office may file a copy of
365 that disclosure at the time of qualifying.
366 Section 9. Subsection (2) of section 100.111, Florida
367 Statutes, is amended to read:
368 100.111 Filling vacancy.—
369 (2) Whenever there is a vacancy for which a special
370 election is required pursuant to s. 100.101, the Governor, after
371 consultation with the Secretary of State and the supervisor of
372 elections of any affected county, shall fix the dates of a
373 special primary election and a special election. Nominees of
374 political parties shall be chosen under the primary laws of this
375 state in the special primary election to become candidates in
376 the special election. Before Prior to setting the special
377 election dates, the Governor shall consider any upcoming
378 elections in the jurisdiction where the special election will be
379 held and, in the event of a vacancy in a state legislative
380 office, shall limit the period of any such vacancy during a
381 regular legislative session to the greatest extent possible in
382 fixing such dates. Notwithstanding the foregoing, a special
383 election may not be held later than 180 days after a vacancy has
384 occurred. The dates fixed by the Governor must shall be specific
385 days certain and may shall not be established by the happening
386 of a condition or stated in the alternative. The dates fixed
387 must shall provide a minimum of 10 2 weeks between each
388 election. In the event a vacancy occurs in the office of state
389 senator or member of the House of Representatives when the
390 Legislature is in regular legislative session, the minimum times
391 prescribed by this subsection may be waived upon concurrence of
392 the Governor, the Speaker of the House of Representatives, and
393 the President of the Senate. If a vacancy occurs in the office
394 of state senator and no session of the Legislature is scheduled
395 to be held before prior to the next general election, the
396 Governor may fix the dates for the special primary election and
397 for the special election to coincide with the dates of the
398 primary election and general election. If a vacancy in office
399 occurs in any district in the state Senate or House of
400 Representatives or in any congressional district, and no session
401 of the Legislature, or session of Congress if the vacancy is in
402 a congressional district, is scheduled to be held during the
403 unexpired portion of the term, the Governor is not required to
404 call a special election to fill such vacancy.
405 (a) The dates for candidates to qualify in such special
406 election or special primary election must shall be fixed by the
407 Department of State, and candidates must shall qualify no not
408 later than noon of the last day so fixed. The dates fixed for
409 qualifying must shall allow a minimum of 14 days between the
410 last day of qualifying and the special primary election.
411 (b) The filing of campaign expense statements by candidates
412 in such special elections or special primaries and by committees
413 making contributions or expenditures to influence the results of
414 such special primaries or special elections must shall be no not
415 later than such dates as shall be fixed by the Department of
416 State, and in fixing such dates the Department of State shall
417 take into consideration and be governed by the practical time
418 limitations.
419 (c) The dates for a candidate to qualify by the petition
420 process pursuant to s. 99.095 in such special primary or special
421 election must shall be fixed by the Department of State. In
422 fixing such dates the Department of State shall take into
423 consideration and be governed by the practical time limitations.
424 Any candidate seeking to qualify by the petition process in a
425 special primary election must shall obtain 25 percent of the
426 signatures required by s. 99.095.
427 (d) The qualifying fees and party assessments of such
428 candidates as may qualify must shall be the same as collected
429 for the same office at the last previous primary for that
430 office. The party assessment must shall be paid to the
431 appropriate executive committee of the political party to which
432 the candidate belongs.
433 (e) Each county canvassing board shall make as speedy a
434 return of the result of such special primary elections and
435 special elections as time will permit, and the Elections
436 Canvassing Commission likewise shall make as speedy a canvass
437 and declaration of the nominees as time will permit.
438 Section 10. Subsection (1) of section 100.141, Florida
439 Statutes, is amended to read:
440 100.141 Notice of special election to fill any vacancy in
441 office.—
442 (1) Whenever a special election is required to fill any
443 vacancy in office, the Governor, after consultation with the
444 Secretary of State and the supervisor of elections of any
445 affected county, shall issue an order declaring on what day the
446 election shall be held and deliver the order to the Department
447 of State. The Governor shall issue the order within 14 calendar
448 days after the occurrence of the vacancy or, for vacancies
449 arising due to a resignation under s. 99.012, within 14 calendar
450 days after submittal of the written resignation to the Governor,
451 whichever is sooner.
452 Section 11. Paragraph (a) of subsection (7) of section
453 100.371, Florida Statutes, is amended, and paragraph (c) is
454 added to that subsection, to read:
455 100.371 Initiatives; procedure for placement on ballot.—
456 (7)(a) A sponsor that collects petition forms or uses a
457 petition circulator to collect petition forms serves as a
458 fiduciary to the elector signing the petition form, ensuring
459 that any petition form entrusted to the petition circulator
460 shall be promptly delivered to the supervisor of elections
461 within 30 days after the elector signs the form.
462 (a) If a petition form collected by any petition circulator
463 is not promptly delivered to the supervisor of elections, the
464 sponsor is liable for the following fines:
465 1. A fine in the amount of $50 for each petition form
466 received by the supervisor of elections more than 30 days after
467 the elector signed the petition form or the next business day,
468 if the office is closed. A fine in the amount of $250 for each
469 petition form received if the sponsor or petition circulator
470 acted willfully.
471 2. A fine in the amount of $500 for each petition form
472 collected by a petition circulator which is not submitted to the
473 supervisor of elections. A fine in the amount of $1,000 for any
474 petition form not submitted if the sponsor or petition
475 circulator acted willfully.
476 (c) A sponsor shall deliver petition forms to the
477 supervisor grouped in batches by the petition circulator who
478 collected them.
479 Section 12. Section 100.51, Florida Statutes, is created to
480 read:
481 100.51 General Election Day paid holiday.—In order to
482 encourage civic participation, enable more individuals to serve
483 as poll workers, and provide additional time for the resolution
484 of any issues that arise while an elector is casting his or her
485 vote, General Election Day shall be a paid holiday. An elector
486 is entitled to absent himself or herself from any service or
487 employment in which he or she is engaged or employed during the
488 time the polls are open on General Election Day. An elector who
489 absents himself or herself under this section may not be
490 penalized in any way, and a deduction may not be made from his
491 or her usual salary or wages on account of his or her absence.
492 Section 13. Section 101.016, Florida Statutes, is created
493 to read:
494 101.016 Strategic elections equipment reserve.—The Division
495 of Elections shall maintain a strategic elections equipment
496 reserve of voting systems that may be deployed in the event of
497 an emergency as defined in s. 101.732 or upon the occurrence of
498 equipment capacity issues due to unexpected voter turnout. The
499 reserve must include tabulation equipment and any other
500 necessary equipment, including, but not limited to, printers,
501 which are in use by each supervisor of elections. In lieu of
502 maintaining a physical reserve of such equipment, the division
503 may contract with a vendor of voting equipment to provide such
504 equipment on an as-needed basis.
505 Section 14. Subsections (1) and (2) of section 101.048,
506 Florida Statutes, are amended to read:
507 101.048 Provisional ballots.—
508 (1) At all elections, a voter claiming to be properly
509 registered in this the state and eligible to vote at the
510 precinct in the election but whose eligibility cannot be
511 determined, a person whom an election official asserts is not
512 eligible, and other persons specified in the code shall be
513 entitled to vote a provisional ballot at any precinct in the
514 county in which the voter claims to be registered. Once voted,
515 the provisional ballot must shall be placed in a secrecy
516 envelope and thereafter sealed in a provisional ballot envelope.
517 The provisional ballot must shall be deposited in a ballot box.
518 All provisional ballots must shall remain sealed in their
519 envelopes for return to the supervisor of elections. The
520 department shall prescribe the form of the provisional ballot
521 envelope. A person casting a provisional ballot shall have the
522 right to present written evidence supporting his or her
523 eligibility to vote to the supervisor of elections by not later
524 than 5 p.m. on the second day following the election.
525 (2)(a) The county canvassing board shall examine each
526 Provisional Ballot Voter’s Certificate and Affirmation to
527 determine if the person voting that ballot was entitled to vote
528 in the county in which at the precinct where the person cast a
529 vote in the election and that the person had not already cast a
530 ballot in the election. In determining whether a person casting
531 a provisional ballot is entitled to vote, the county canvassing
532 board shall review the information provided in the Voter’s
533 Certificate and Affirmation, written evidence provided by the
534 person pursuant to subsection (1), information provided in any
535 cure affidavit and accompanying supporting documentation
536 pursuant to subsection (6), any other evidence presented by the
537 supervisor, and, in the case of a challenge, any evidence
538 presented by the challenger. A ballot of a person casting a
539 provisional ballot must shall be canvassed pursuant to paragraph
540 (b) unless the canvassing board determines by a preponderance of
541 the evidence that the person was not entitled to vote.
542 (b) If it is determined that the person was registered and
543 entitled to vote in the county in which at the precinct where
544 the person cast a vote in the election, the canvassing board
545 must compare the signature on the Provisional Ballot Voter’s
546 Certificate and Affirmation or the provisional ballot cure
547 affidavit with the signature on the voter’s registration or
548 precinct register. A provisional ballot may be counted only if:
549 1. The signature on the voter’s certificate or the cure
550 affidavit matches the elector’s signature in the registration
551 books or the precinct register; however, in the case of a cure
552 affidavit, the supporting identification listed in subsection
553 (6) must also confirm the identity of the elector; or
554 2. The cure affidavit contains a signature that does not
555 match the elector’s signature in the registration books or the
556 precinct register, but the elector has submitted a current and
557 valid Tier 1 form of identification confirming his or her
558 identity pursuant to subsection (6).
559
560 For purposes of this paragraph, any canvassing board finding
561 that signatures do not match must be by majority vote and beyond
562 a reasonable doubt.
563 (c) Any provisional ballot not counted must remain in the
564 envelope containing the Provisional Ballot Voter’s Certificate
565 and Affirmation, and the envelope must shall be marked “Rejected
566 as Illegal.”
567 (d) If a provisional ballot is validated following the
568 submission of a cure affidavit, the supervisor must make a copy
569 of the affidavit, affix it to a voter registration application,
570 and immediately process it as a valid request for a signature
571 update pursuant to s. 98.077.
572 Section 15. Paragraph (a) of subsection (2) and paragraph
573 (a) of subsection (3) of section 101.151, Florida Statutes, are
574 amended to read:
575 101.151 Specifications for ballots.—
576 (2)(a) The ballot must include the following office titles
577 above the names of the candidates for the respective offices in
578 the following order:
579 1. The office titles of President and Vice President above
580 the randomly ordered names of the candidates for President and
581 Vice President of the United States nominated by the political
582 party that received the highest vote for Governor in the last
583 general election of the Governor in this state, followed by the
584 names of other candidates for President and Vice President of
585 the United States who have been properly nominated.
586 2. The office titles of United States Senator and
587 Representative in Congress.
588 3. The office titles of Governor and Lieutenant Governor;
589 Attorney General; Chief Financial Officer; Commissioner of
590 Agriculture; Secretary of State; State Attorney, with the
591 applicable judicial circuit; and Public Defender, with the
592 applicable judicial circuit.
593 4. The office titles of State Senator and State
594 Representative, with the applicable district for the office
595 printed beneath.
596 5. The office titles of Clerk of the Circuit Court or, when
597 the Clerk of the Circuit Court also serves as the County
598 Comptroller, Clerk of the Circuit Court and Comptroller, when
599 authorized by law; Clerk of the County Court, when authorized by
600 law; Sheriff; Property Appraiser; Tax Collector; District
601 Superintendent of Schools; and Supervisor of Elections.
602 6. The office titles of Board of County Commissioners, with
603 the applicable district printed beneath each office, and such
604 other county and district offices as are involved in the
605 election, in the order fixed by the Department of State,
606 followed, in the year of their election, by “Party Offices,” and
607 thereunder the offices of state and county party executive
608 committee members.
609 (3)(a) The names of the candidates of the party that
610 received the highest number of votes for Governor in the last
611 election in which a Governor was elected shall be ordered
612 randomly placed first for each office on the general election
613 ballot, together with an appropriate abbreviation of the party
614 name; the names of the candidates of the party that received the
615 second highest vote for Governor shall be placed second for each
616 office, together with an appropriate abbreviation of the party
617 name.
618 Section 16. Subsection (6) is added to section 101.5612,
619 Florida Statutes, to read:
620 101.5612 Testing of tabulating equipment.—
621 (6) The supervisor of elections shall annually file with
622 the Secretary of State a detailed plan for operations in the
623 event that maximum voter turnout occurs on election day and that
624 a recount is required in each race on a ballot.
625 Section 17. Paragraph (a) of subsection (1), subsection
626 (2), and paragraph (c) of subsection (4) of section 101.62,
627 Florida Statutes, are amended, and subsection (8) is added to
628 that section, to read:
629 101.62 Request for vote-by-mail ballots.—
630 (1)(a) The supervisor shall accept a request for a vote-by
631 mail ballot from an elector in person or in writing. One request
632 is deemed sufficient to receive a vote-by-mail ballot for all
633 elections until the elector or the elector’s designee notifies
634 the supervisor that the elector cancels such request through the
635 end of the calendar year of the next regularly scheduled general
636 election, unless the elector or the elector’s designee indicates
637 at the time the request is made the elections within such period
638 for which the elector desires to receive a vote-by-mail ballot.
639 Such request may be considered canceled when any first-class
640 mail sent by the supervisor to the elector is returned as
641 undeliverable.
642 (2) A request for a vote-by-mail ballot to be mailed to a
643 voter must be received no later than 5 p.m. on the 11th 10th day
644 before the election by the supervisor. The supervisor shall mail
645 vote-by-mail ballots to voters requesting ballots by such
646 deadline no later than 8 days before the election.
647 (4)
648 (c) The supervisor shall provide a vote-by-mail ballot to
649 each elector by whom a request for that ballot has been made by
650 one of the following means:
651 1. By nonforwardable, return-if-undeliverable mail to the
652 elector’s current mailing address on file with the supervisor or
653 any other address the elector specifies in the request.
654 2. By forwardable mail, e-mail, or facsimile machine
655 transmission to absent uniformed services voters and overseas
656 voters. The absent uniformed services voter or overseas voter
657 may designate in the vote-by-mail ballot request the preferred
658 method of transmission. If the voter does not designate the
659 method of transmission, the vote-by-mail ballot must shall be
660 mailed.
661 3. By personal delivery before 7 p.m. on election day to
662 the elector, upon presentation of the identification required in
663 s. 101.043.
664 4. By delivery to a designee on election day or up to 11 9
665 days before the day of an election. Any elector may designate,
666 in writing, a person to pick up the ballot for the elector;
667 however, the person designated may not pick up more than two
668 vote-by-mail ballots per election, other than the designee’s own
669 ballot, except that additional ballots may be picked up for
670 members of the designee’s immediate family. For purposes of this
671 section, “immediate family” means the designee’s spouse or the
672 parent, child, grandparent, grandchild, or sibling of the
673 designee or of the designee’s spouse. The designee shall provide
674 to the supervisor the written authorization by the elector and a
675 picture identification of the designee and must complete an
676 affidavit. The designee shall state in the affidavit that the
677 designee is authorized by the elector to pick up that ballot and
678 shall indicate if the elector is a member of the designee’s
679 immediate family and, if so, the relationship. The department
680 shall prescribe the form of the affidavit. If the supervisor is
681 satisfied that the designee is authorized to pick up the ballot
682 and that the signature of the elector on the written
683 authorization matches the signature of the elector on file, the
684 supervisor shall give the ballot to that designee for delivery
685 to the elector.
686 5. Except as provided in s. 101.655, the supervisor may not
687 deliver a vote-by-mail ballot to an elector or an elector’s
688 immediate family member on the day of the election unless there
689 is an emergency, to the extent that the elector will be unable
690 to go to his or her assigned polling place. If a vote-by-mail
691 ballot is delivered, the elector or his or her designee must
692 shall execute an affidavit affirming to the facts which allow
693 for delivery of the vote-by-mail ballot. The department shall
694 adopt a rule providing for the form of the affidavit.
695 (8) If a deadline under this section falls on a day when
696 the office of the supervisor is usually closed, the deadline
697 must be extended until the next business day.
698 Section 18. Paragraph (a) of subsection (1) and subsection
699 (2) of section 101.64, Florida Statutes, are amended to read:
700 101.64 Delivery of vote-by-mail ballots; envelopes; form.—
701 (1)(a) The supervisor shall enclose with each vote-by-mail
702 ballot two envelopes: a secrecy envelope, into which the absent
703 elector shall enclose his or her marked ballot; and a postage
704 prepaid mailing envelope, into which the absent elector must
705 shall then place the secrecy envelope, which must shall be
706 addressed to the supervisor and also bear on the back side a
707 certificate in substantially the following form:
708 Note: Please Read Instructions Carefully Before
709 Marking Ballot and Completing Voter’s Certificate.
710 VOTER’S CERTIFICATE
711 I, ...., do solemnly swear or affirm that I am a qualified
712 and registered voter of .... County, Florida, and that I have
713 not and will not vote more than one ballot in this election. I
714 understand that if I commit or attempt to commit any fraud in
715 connection with voting, vote a fraudulent ballot, or vote more
716 than once in an election, I can be convicted of a felony of the
717 third degree and fined up to $5,000 and/or imprisoned for up to
718 5 years. I also understand that failure to sign this certificate
719 will invalidate my ballot.
720 ...(Date)...
721 ...(Voter’s Signature or Last Four Digits of Social Security
722 Number)...
723 ...(E-Mail Address)... ...(Home Telephone Number)...
724 ...(Mobile Telephone Number)...
725 (2) The certificate must shall be arranged on the back of
726 the mailing envelope so that the line for the signature or last
727 four digits of the social security number of the absent elector
728 is across the seal of the envelope; however, a no statement may
729 not shall appear on the envelope which indicates that a
730 signature or the last four digits of the social security number
731 of the voter must cross the seal of the envelope. The absent
732 elector must shall execute the certificate on the envelope.
733 Section 19. Section 101.65, Florida Statutes, is amended to
734 read:
735 101.65 Instructions to absent electors.—The supervisor
736 shall enclose with each vote-by-mail ballot separate printed
737 instructions in substantially the following form; however, where
738 the instructions appear in capitalized text, the text of the
739 printed instructions must be in bold font:
740 READ THESE INSTRUCTIONS CAREFULLY
741 BEFORE MARKING BALLOT.
742 1. VERY IMPORTANT. In order to ensure that your vote-by
743 mail ballot will be counted, it should be completed and returned
744 as soon as possible so that it can reach the supervisor of
745 elections of the county in which your precinct is located no
746 later than 7 p.m. on the day of the election. However, if you
747 are an overseas voter casting a ballot in a presidential
748 preference primary or general election, your vote-by-mail ballot
749 must be postmarked or dated no later than the date of the
750 election and received by the supervisor of elections of the
751 county in which you are registered to vote no later than 10 days
752 after the date of the election. Note that the later you return
753 your ballot, the less time you will have to cure any signature
754 deficiencies, which may cause your ballot not to be counted is
755 authorized until 5 p.m. on the 2nd day after the election.
756 2. Mark your ballot in secret as instructed on the ballot.
757 You must mark your own ballot unless you are unable to do so
758 because of blindness, disability, or inability to read or write.
759 3. Mark only the number of candidates or issue choices for
760 a race as indicated on the ballot. If you are allowed to “Vote
761 for One” candidate and you vote for more than one candidate,
762 your vote in that race will not be counted.
763 4. Place your marked ballot in the enclosed secrecy
764 envelope.
765 5. Insert the secrecy envelope into the enclosed mailing
766 envelope which is addressed to the supervisor.
767 6. Seal the mailing envelope and completely fill out the
768 Voter’s Certificate on the back of the mailing envelope.
769 7. VERY IMPORTANT. In order for your vote-by-mail ballot to
770 be counted, you must sign your name or print the last four
771 digits of your social security number on the line above (Voter’s
772 Signature or Last Four Digits of Social Security Number). A
773 vote-by-mail ballot will be considered illegal and not be
774 counted if the signature or the last four digits of the social
775 security number on the voter’s certificate do does not match the
776 signature or social security number on record. The signature on
777 file at the time the supervisor of elections in the county in
778 which your precinct is located receives your vote-by-mail ballot
779 is the signature that will be used to verify your signature on
780 the voter’s certificate. If you need to update your signature
781 for this election, send your signature update on a voter
782 registration application to your supervisor of elections so that
783 it is received before your vote-by-mail ballot is received.
784 8. VERY IMPORTANT. If you are an overseas voter, you must
785 include the date you signed the Voter’s Certificate or printed
786 the last four digits of your social security number on the line
787 above (Date) or your ballot may not be counted.
788 9. Mail, deliver, or have delivered the completed mailing
789 envelope. Be sure there is sufficient postage if mailed. THE
790 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE
791 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS
792 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE
793 STATION, AVAILABLE AT EACH EARLY VOTING LOCATION.
794 10. FELONY NOTICE. It is a felony under Florida law to
795 accept any gift, payment, or gratuity in exchange for your vote
796 for a candidate. It is also a felony under Florida law to vote
797 in an election using a false identity or false address, or under
798 any other circumstances making your ballot false or fraudulent.
799 Section 20. Subsection (1), paragraph (c) of subsection
800 (2), and paragraphs (a), (c), and (d) of subsection (4) of
801 section 101.68, Florida Statutes, are amended to read:
802 101.68 Canvassing of vote-by-mail ballot.—
803 (1) The supervisor of the county where the absent elector
804 resides shall receive the voted ballot, at which time the
805 supervisor shall compare the signature or last four digits of
806 the social security number of the elector on the voter’s
807 certificate with the signature or last four digits of the social
808 security number of the elector in the registration books or the
809 precinct register to determine whether the elector is duly
810 registered in the county and must record on the elector’s
811 registration record that the elector has voted. During the
812 signature comparison process, the supervisor may not use any
813 knowledge of the political affiliation of the voter whose
814 signature is subject to verification. An elector who dies after
815 casting a vote-by-mail ballot but on or before election day must
816 shall remain listed in the registration books until the results
817 have been certified for the election in which the ballot was
818 cast. The supervisor shall safely keep the ballot unopened in
819 his or her office until the county canvassing board canvasses
820 the vote. Except as provided in subsection (4), after a vote-by
821 mail ballot is received by the supervisor, the ballot is deemed
822 to have been cast, and changes or additions may not be made to
823 the voter’s certificate.
824 (2)
825 (c)1. The canvassing board must, if the supervisor has not
826 already done so, compare the signature or last four digits of
827 the social security number of the elector on the voter’s
828 certificate or on the vote-by-mail ballot cure affidavit as
829 provided in subsection (4) with the signature or last four
830 digits of the social security number of the elector in the
831 registration books or the precinct register to see that the
832 elector is duly registered in the county and to determine the
833 legality of that vote-by-mail ballot. A vote-by-mail ballot may
834 only be counted if:
835 a. The signature or last four digits of the social security
836 number on the voter’s certificate or the cure affidavit match
837 matches the elector’s signature or last four digits of the
838 social security number in the registration books or precinct
839 register; however, in the case of a cure affidavit, the
840 supporting identification listed in subsection (4) must also
841 confirm the identity of the elector; or
842 b. The cure affidavit contains a signature or last four
843 digits of the social security number which do that does not
844 match the elector’s signature or last four digits of the social
845 security number in the registration books or precinct register,
846 but the elector has submitted a current and valid Tier 1
847 identification pursuant to subsection (4) which confirms the
848 identity of the elector.
849
850 For purposes of this subparagraph, any canvassing board finding
851 that an elector’s signatures or last four digits of the social
852 security numbers do not match must be by majority vote and
853 beyond a reasonable doubt.
854 2. The ballot of an elector who casts a vote-by-mail ballot
855 shall be counted even if the elector dies on or before election
856 day, as long as, before the death of the voter, the ballot was
857 postmarked by the United States Postal Service, date-stamped
858 with a verifiable tracking number by a common carrier, or
859 already in the possession of the supervisor.
860 3. A vote-by-mail ballot is not considered illegal if the
861 signature or last four digits of the social security number of
862 the elector do does not cross the seal of the mailing envelope.
863 4. If any elector or candidate present believes that a
864 vote-by-mail ballot is illegal due to a defect apparent on the
865 voter’s certificate or the cure affidavit, he or she may, at any
866 time before the ballot is removed from the envelope, file with
867 the canvassing board a protest against the canvass of that
868 ballot, specifying the precinct, the voter’s certificate or the
869 cure affidavit, and the reason he or she believes the ballot to
870 be illegal. A challenge based upon a defect in the voter’s
871 certificate or cure affidavit may not be accepted after the
872 ballot has been removed from the mailing envelope.
873 5. If the canvassing board determines that a ballot is
874 illegal, a member of the board must, without opening the
875 envelope, mark across the face of the envelope: “rejected as
876 illegal.” The cure affidavit, if applicable, the envelope, and
877 the ballot therein must shall be preserved in the manner that
878 official ballots are preserved.
879 (4)(a) As soon as practicable, the supervisor shall, on
880 behalf of the county canvassing board, attempt to notify an
881 elector who has returned a vote-by-mail ballot that does not
882 include the elector’s signature or last four digits of the
883 social security number or contains a signature or last four
884 digits of the social security number that do does not match the
885 elector’s signature or last four digits of the social security
886 number in the registration books or precinct register by:
887 1. Notifying the elector of the signature or last four
888 digits of the social security number deficiency by e-mail and
889 directing the elector to the cure affidavit and instructions on
890 the supervisor’s website;
891 2. Notifying the elector of the signature or last four
892 digits of the social security number deficiency by text message
893 and directing the elector to the cure affidavit and instructions
894 on the supervisor’s website; or
895 3. Notifying the elector of the signature or last four
896 digits of the social security number deficiency by telephone and
897 directing the elector to the cure affidavit and instructions on
898 the supervisor’s website.
899
900 In addition to the notification required under subparagraph 1.,
901 subparagraph 2., or subparagraph 3., the supervisor must notify
902 the elector of the signature or last four digits of the social
903 security number deficiency by first-class mail and direct the
904 elector to the cure affidavit and instructions on the
905 supervisor’s website. Beginning the day before the election, the
906 supervisor is not required to provide notice of the signature
907 deficiency by first-class mail, but shall continue to provide
908 notice as required under subparagraph 1., subparagraph 2., or
909 subparagraph 3.
910 (c) The elector must complete a cure affidavit in
911 substantially the following form:
912 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT
913 I, ...., am a qualified voter in this election and
914 registered voter of .... County, Florida. I do solemnly swear or
915 affirm that I requested and returned the vote-by-mail ballot and
916 that I have not and will not vote more than one ballot in this
917 election. I understand that if I commit or attempt any fraud in
918 connection with voting, vote a fraudulent ballot, or vote more
919 than once in an election, I may be convicted of a felony of the
920 third degree and fined up to $5,000 and imprisoned for up to 5
921 years. I understand that my failure to sign this affidavit means
922 that my vote-by-mail ballot will be invalidated.
923 ...(Voter’s Signature or Last Four Digits of Social Security
924 Number)...
925 ...(Address)...
926 (d) Instructions must accompany the cure affidavit in
927 substantially the following form:
928 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
929 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
930 BALLOT NOT TO COUNT.
931 1. In order to ensure that your vote-by-mail ballot will be
932 counted, your affidavit should be completed and returned as soon
933 as possible so that it can reach the supervisor of elections of
934 the county in which your precinct is located no later than 5
935 p.m. on the 2nd day after the election.
936 2. You must sign your name or print the last four digits of
937 your social security number on the line above (Voter’s Signature
938 or Last Four Digits of Social Security Number).
939 3. You must make a copy of one of the following forms of
940 identification:
941 a. Tier 1 identification.—Current and valid identification
942 that includes your name and photograph: Florida driver license;
943 Florida identification card issued by the Department of Highway
944 Safety and Motor Vehicles; United States passport; debit or
945 credit card; military identification; student identification;
946 retirement center identification; neighborhood association
947 identification; public assistance identification; veteran health
948 identification card issued by the United States Department of
949 Veterans Affairs; a Florida license to carry a concealed weapon
950 or firearm; or an employee identification card issued by any
951 branch, department, agency, or entity of the Federal Government,
952 the state, a county, or a municipality; or
953 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
954 FORM OF IDENTIFICATION, identification that shows your name and
955 current residence address: current utility bill, bank statement,
956 government check, paycheck, or government document (excluding
957 voter information card).
958 4. Place the envelope bearing the affidavit into a mailing
959 envelope addressed to the supervisor. Insert a copy of your
960 identification in the mailing envelope. Mail (if time permits),
961 deliver, or have delivered the completed affidavit along with
962 the copy of your identification to your county supervisor of
963 elections. Be sure there is sufficient postage if mailed and
964 that the supervisor’s address is correct. Remember, your
965 information MUST reach your county supervisor of elections no
966 later than 5 p.m. on the 2nd day after the election, or your
967 ballot will not count.
968 5. Alternatively, you may fax or e-mail your completed
969 affidavit and a copy of your identification to the supervisor of
970 elections. If e-mailing, please provide these documents as
971 attachments.
972 Section 21. Section 101.6952, Florida Statutes, is amended
973 to read:
974 101.6952 Vote-by-mail ballots for absent uniformed services
975 and overseas voters.—
976 (1) If an absent uniformed services voter’s or an overseas
977 voter’s request for an official vote-by-mail ballot pursuant to
978 s. 101.62 includes an e-mail address, the supervisor of
979 elections must shall:
980 (a) Record the voter’s e-mail address in the vote-by-mail
981 ballot record;
982 (b) Confirm by e-mail that the vote-by-mail ballot request
983 was received and include in that e-mail the estimated date the
984 vote-by-mail ballot will be sent to the voter; and
985 (c) Notify the voter by e-mail when the voted vote-by-mail
986 ballot is received by the supervisor of elections.
987 (2)(a) An absent uniformed services voter or an overseas
988 voter who makes timely application for but does not receive an
989 official vote-by-mail ballot may use the federal write-in
990 absentee ballot to vote in any federal, state, or local
991 election.
992 (b)1. In an election for federal office, an elector may
993 designate a candidate by writing the name of a candidate on the
994 ballot. Except for a primary or special primary election, the
995 elector may alternatively designate a candidate by writing the
996 name of a political party on the ballot. A written designation
997 of the political party must shall be counted as a vote for the
998 candidate of that party if there is such a party candidate in
999 the race.
1000 2. In a state or local election, an elector may vote in the
1001 section of the federal write-in absentee ballot designated for
1002 nonfederal races by writing on the ballot the title of each
1003 office and by writing on the ballot the name of the candidate
1004 for whom the elector is voting. Except for a primary, special
1005 primary, or nonpartisan election, the elector may alternatively
1006 designate a candidate by writing the name of a political party
1007 on the ballot. A written designation of the political party must
1008 shall be counted as a vote for the candidate of that party if
1009 there is such a party candidate in the race. In addition, the
1010 elector may vote on any ballot measure presented in such
1011 election by identifying the ballot measure on which he or she
1012 desires to vote and specifying his or her vote on the measure.
1013 For purposes of this section, a vote cast in a judicial merit
1014 retention election must shall be treated in the same manner as a
1015 ballot measure in which the only allowable responses are “Yes”
1016 or “No.”
1017 (c) In the case of a joint candidacy, such as for the
1018 offices of President/Vice President or Governor/Lieutenant
1019 Governor, a valid vote for one or both qualified candidates on
1020 the same ticket constitutes shall constitute a vote for the
1021 joint candidacy.
1022 (d) For purposes of this subsection and except when the
1023 context clearly indicates otherwise, such as when a candidate in
1024 the election is affiliated with a political party whose name
1025 includes the word “Independent,” “Independence,” or a similar
1026 term, a voter designation of “No Party Affiliation” or
1027 “Independent,” or any minor variation, misspelling, or
1028 abbreviation thereof, shall be considered a designation for the
1029 candidate, other than a write-in candidate, who qualified to run
1030 in the race with no party affiliation. If more than one
1031 candidate qualifies to run as a candidate with no party
1032 affiliation, the designation may not count for any candidate
1033 unless there is a valid, additional designation of the
1034 candidate’s name.
1035 (e) Any abbreviation, misspelling, or other minor variation
1036 in the form of the name of an office, the name of a candidate,
1037 the ballot measure, or the name of a political party must be
1038 disregarded in determining the validity of the ballot.
1039 (3)(a) An absent uniformed services voter or an overseas
1040 voter who submits a federal write-in absentee ballot and later
1041 receives an official vote-by-mail ballot may submit the official
1042 vote-by-mail ballot. An elector who submits a federal write-in
1043 absentee ballot and later receives and submits an official vote
1044 by-mail ballot should make every reasonable effort to inform the
1045 appropriate supervisor of elections that the elector has
1046 submitted more than one ballot.
1047 (b) A federal write-in absentee ballot may not be canvassed
1048 until 7 p.m. on the day of the election. A federal write-in
1049 absentee ballot from an absent overseas voter in a presidential
1050 preference primary or general election may not be canvassed
1051 until the conclusion of the 10-day period specified in
1052 subsection (5). Each federal write-in absentee ballot received
1053 by 7 p.m. on the day of the election must shall be canvassed
1054 pursuant to ss. 101.5614(4) and 101.68, unless the elector’s
1055 official vote-by-mail ballot is received by 7 p.m. on election
1056 day. Each federal write-in absentee ballot from an absent
1057 overseas voter in a presidential preference primary or general
1058 election received by 10 days after the date of the election must
1059 shall be canvassed pursuant to ss. 101.5614(4) and 101.68,
1060 unless the absent overseas voter’s official vote-by-mail ballot
1061 is received by 10 days after the date of the election. If the
1062 elector’s official vote-by-mail ballot is received by 7 p.m. on
1063 election day, or, for an overseas voter in a presidential
1064 preference primary or general election, no later than 10 days
1065 after the date of the election, the federal write-in absentee
1066 ballot is invalid and the official vote-by-mail ballot must
1067 shall be canvassed. The time shall be regulated by the customary
1068 time in standard use in the county seat of the locality.
1069 (4) For vote-by-mail ballots received from absent uniformed
1070 services voters or overseas voters, there is a presumption that
1071 the envelope was mailed on the date stated on the outside of the
1072 return envelope, regardless of the absence of a postmark on the
1073 mailed envelope or the existence of a postmark date that is
1074 later than the date of the election.
1075 (5) A vote-by-mail ballot from an absent overseas voter in
1076 any presidential preference primary or general election which is
1077 postmarked or dated no later than the date of the election and
1078 is received by the supervisor of elections of the county in
1079 which the absent overseas voter is registered no later than 10
1080 days after the date of the election must shall be counted as
1081 long as the vote-by-mail ballot is otherwise proper.
1082 Section 22. Subsection (6) is added to section 101.71,
1083 Florida Statutes, to read:
1084 101.71 Polling place.—
1085 (6) A polling place may not be located within a gated
1086 community unless the legal residence of every elector in the
1087 precinct is within such gated community.
1088 Section 23. Paragraph (f) is added to subsection (4) and
1089 subsection (6) is added to section 102.031, Florida Statutes, to
1090 read:
1091 102.031 Maintenance of good order at polls; authorities;
1092 persons allowed in polling rooms and early voting areas;
1093 unlawful solicitation of voters.—
1094 (4)
1095 (f) A person may provide food, water, or other items,
1096 including, but not limited to, over-the-counter medication,
1097 chairs, fans, and umbrellas or other rain gear, to voters
1098 standing in line to vote outside the no-solicitation zone.
1099 (6) Bullhorns or other devices used to amplify sound are
1100 prohibited in close proximity to:
1101 (a) A polling place during voting hours.
1102 (b) An office of the supervisor during a recount.
1103 Section 24. Subsection (2) of section 102.111, Florida
1104 Statutes, is amended to read:
1105 102.111 Elections Canvassing Commission.—
1106 (2) The Elections Canvassing Commission shall meet at 9
1107 a.m. on the 9th day after a primary election to certify the
1108 returns for each federal, state, and multicounty office. The
1109 commission shall meet and at 9 a.m. on the 14th day after a
1110 general election to certify the returns of the election for each
1111 federal, state, and multicounty office. The commission shall
1112 meet at 9 a.m. on the 21st day after a general election to
1113 certify the returns for each federal and state office. If a
1114 member of a county canvassing board that was constituted
1115 pursuant to s. 102.141 determines, within 5 days after the
1116 certification by the Elections Canvassing Commission, that a
1117 typographical error occurred in the official returns of the
1118 county, the correction of which could result in a change in the
1119 outcome of an election, the county canvassing board must certify
1120 corrected returns to the Department of State within 24 hours,
1121 and the Elections Canvassing Commission must correct and
1122 recertify the election returns as soon as practicable.
1123 Section 25. Subsection (2) of section 102.112, Florida
1124 Statutes, is amended to read:
1125 102.112 Deadline for submission of county returns to the
1126 Department of State.—
1127 (2) Returns must be filed by 5 p.m. on the 7th day
1128 following a primary election, and by noon on the 12th day
1129 following the general election for multicounty offices, and by
1130 noon on the 19th day following the general election for federal
1131 and statewide offices. However, the Department of State may
1132 correct typographical errors, including the transposition of
1133 numbers, in any returns submitted to the Department of State
1134 pursuant to s. 102.111(2).
1135 Section 26. Section 102.181, Florida Statutes, is created
1136 to read:
1137 102.181 Action against supervisor of elections.—
1138 (1) Any elector qualified to vote in or any candidate for
1139 office in an election may file an action against the supervisor
1140 of elections administering such election for noncompliance with
1141 any provision of this code.
1142 (2) Any elector or candidate who files such an action is
1143 entitled to an immediate hearing.
1144 (3) In any such action, any filing fees or costs must be
1145 waived, and attorney fees must be awarded to the prevailing
1146 party or parties.
1147 Section 27. This act shall take effect July 1, 2023.
1148
1149 ================= T I T L E A M E N D M E N T ================
1150 And the title is amended as follows:
1151 Delete everything before the enacting clause
1152 and insert:
1153 A bill to be entitled
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.