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Senate Bill 2300

Senate Bill sb2300

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    Florida Senate - 2007                                  SB 2300

    By Senator Posey





    24-1632-07

  1                      A bill to be entitled

  2         An act relating to elections; creating s.

  3         98.0551, F.S.; describing the types of list

  4         maintenance forms and the content and

  5         consequences of each; amending s. 98.065, F.S.;

  6         revising procedures for supervisors of

  7         elections in cases in which a voter has changed

  8         his or her address; amending s. 98.075, F.S.;

  9         providing for removal of a voter's name from

10         the voter registration file when the supervisor

11         is presented with a certified copy of the

12         voter's death certificate or has personal

13         knowledge of the voter's death; amending s.

14         99.061, F.S.; changing the qualifying period

15         for candidates for state, certain multicounty

16         district, and county offices; amending s.

17         99.063, F.S.; changing the time by which a

18         candidate for Governor must designate a running

19         mate; amending s. 100.061, F.S.; changing the

20         time at which primary elections must be held;

21         amending s. 100.191, F.S.; requiring that

22         special elections be canvassed at the same time

23         as are general elections; amending s. 101.045,

24         F.S.; prescribing conditions under which a

25         request for an absentee ballot may constitute

26         notification of a voter's change of address;

27         providing duties of the supervisor in that

28         circumstance; amending s. 101.048, F.S.;

29         changing the time by which a voter who has cast

30         a provisional ballot must submit evidence

31         supporting his or her eligibility to vote;

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    Florida Senate - 2007                                  SB 2300
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 1         amending s. 101.051, F.S.; prescribing a limit

 2         on the number of electors to whom a person may

 3         provide assistance during any election;

 4         amending s. 101.56062, F.S.; prescribing an

 5         additional requirement for audio ballots;

 6         amending s. 101.62, F.S.; prescribing those

 7         elections to which a request for an absentee

 8         ballot applies; revising the time for mailing

 9         an absentee ballot for the general election to

10         overseas electors; changing the time for

11         personal delivery of an absentee ballot to a

12         designee; amending s. 101.657, F.S.;

13         authorizing supervisors to designate

14         alternative early voting sites; requiring that

15         notice of such designation be given to the

16         Department of State and providing powers and

17         duties of the department; providing that

18         counties may choose not to participate in early

19         voting in elections called by the board of

20         county commissioners; amending s. 101.68, F.S.;

21         changing the time for canvassing absentee

22         ballots; amending s. 102.014, F.S.; revising

23         standards for the poll worker training program;

24         requiring that the supervisor's certification

25         of whether poll workers have completed the

26         training program must state whether the

27         completion was before the poll worker worked

28         during the election cycle; amending s. 102.112,

29         F.S.; requiring that a county canvassing board

30         must compare, not reconcile, the number of

31         persons who voted with the number of ballots

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    Florida Senate - 2007                                  SB 2300
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 1         counted; changing the time by which returns

 2         must be filed; amending s. 102.141, F.S.;

 3         changing the time for a canvassing board to

 4         file returns with the Department of State;

 5         repealing s. 104.29, F.S., relating to a

 6         prohibition against inspectors refusing to

 7         allow watchers while ballots are being counted;

 8         amending s. 106.143, F.S.; authorizing the

 9         abbreviation of the phrase "Political

10         advertisement paid" as "Pol. Adv. Pd.";

11         providing effective dates.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 98.0551, Florida Statutes, is

16  created to read:

17         98.0551  Registration list maintenance forms.--The

18  department shall prescribe registration list maintenance forms

19  to be used by the supervisors, which must include:

20         (1)  An address confirmation request that must contain:

21         (a)  The voter's name and address of legal residence as

22  shown on the voter registration record.

23         (b)  A request that the supervisor be informed if

24  either the name or address of legal residence of the voter is

25  incorrect.

26         (2)  An address change notice, which must be sent by

27  forwardable mail and must include a postage prepaid,

28  preaddressed return form with which the voter may verify or

29  correct his or her address information.

30  

31  

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    Florida Senate - 2007                                  SB 2300
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 1         (3)  An address confirmation final notice, which must

 2  be sent by forwardable mail and must contain a postage

 3  prepaid, preaddressed return form and a statement that:

 4         (a)  If the voter has not changed his or her address of

 5  legal residence or has changed his or her address of legal

 6  residence within the state, the voter should return the return

 7  form within 30 days after the date of the notice.

 8         (b)  If the return form is not returned and the voter

 9  does not offer to vote by the second general election

10  thereafter, the voter's name will be removed from the voter

11  registration books.

12         (c)  If the voter has changed his or her address of

13  legal residence to a location outside the state:

14         1.  The voter should return the return form, which will

15  serve as a request to be removed from the registration books;

16  and

17         2.  The voter will be provided with information on how

18  to register in the new jurisdiction in order to be eligible to

19  vote.

20         Section 2.  Subsection (4) of section 98.065, Florida

21  Statutes, is amended to read:

22         98.065  Registration list maintenance programs.--

23         (4)(a)  If the supervisor receives change-of-address

24  information pursuant to the activities conducted in subsection

25  (2), from jury notices signed by the voter and returned to the

26  courts, from the Department of Highway Safety and Motor

27  Vehicles, or from other sources, which information indicates

28  that the legal address of a registered voter might have

29  changed within the state, the supervisor must change the

30  registration records to show the new address and must send the

31  voter an address-change notice by forwardable mail, including

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    Florida Senate - 2007                                  SB 2300
    24-1632-07




 1  a postage prepaid, preaddressed return form with which the

 2  voter may verify or correct the address information. shall

 3  send by forwardable return-if-undeliverable mail an address

 4  confirmation notice to the address at which the voter was last

 5  registered. A supervisor may also send an address confirmation

 6  notice to any voter who the supervisor has reason to believe

 7  has moved from his or her legal residence.

 8         (b)  If the supervisor of elections receives change of

 9  address information pursuant to the activities described in

10  subsection (2) from jury notices signed by the voter and

11  returned to the courts or from other sources, which

12  information indicates that the legal address of a voter might

13  have changed to outside the state, the supervisor shall send

14  an address confirmation final notice and remove the voter from

15  the statewide voter registration system. The address

16  confirmation notice shall contain a postage prepaid,

17  preaddressed return form on which:

18         1.  If the voter has changed his or her address of

19  legal residence to a location outside the state, the voter

20  shall mark that the voter's legal residence has changed to a

21  location outside the state. The form shall also include

22  information on how to register in the new state in order to be

23  eligible to vote. The form must be returned within 30 days

24  after the date of the notice. The completed form shall

25  constitute a request to be removed from the statewide voter

26  registration system.

27         2.  If the voter has changed his or her address of

28  legal residence to a location inside the state, the voter

29  shall set forth the updated or corrected address and submit

30  the return form within 30 days after the date of the notice.

31  The completed form shall constitute a request to update the

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    Florida Senate - 2007                                  SB 2300
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 1  statewide voter registration system with the updated or

 2  corrected address information.

 3         3.  If the voter has not changed his or her address of

 4  legal residence as printed on the address confirmation notice,

 5  the voter shall confirm that his or her address of legal

 6  residence has not changed and submit the form within 30 days

 7  after the date of the notice.

 8         (c)  The supervisor must designate as inactive all

 9  voters who have been sent an address confirmation final notice

10  and who have not returned the postage prepaid, preaddressed

11  return form within 30 days or for which an address

12  confirmation final notice has been returned as undeliverable.

13  Names on the inactive list may not be used to calculate the

14  number of signatures needed on any petition. A voter on the

15  inactive list may be restored to the active list of voters

16  upon the voter updating his or her registration, requesting an

17  absentee ballot, or appearing to vote. However, if the voter

18  does not update his or her voter registration information,

19  request an absentee ballot, or vote by the second general

20  election after being placed on the inactive list, the voter's

21  name shall be removed from the statewide voter registration

22  system and the voter shall be required to reregister to have

23  his or her name restored to the statewide voter registration

24  system.

25         Section 3.  Subsection (3) of section 98.075, Florida

26  Statutes, is amended to read:

27         98.075  Registration records maintenance activities;

28  ineligibility determinations.--

29         (3)  DECEASED PERSONS.--The department shall identify

30  those registered voters who are deceased by comparing

31  information on the lists of deceased persons received from the

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 1  Department of Health as provided in s. 98.093. Upon receipt of

 2  such information through the statewide voter registration

 3  system, the supervisor shall remove the name of the registered

 4  voter. Additionally, if the supervisor is presented with a

 5  certified copy of a death certificate issued from a bona fide

 6  governmental agency or has personal knowledge of the voter's

 7  death, the supervisor shall remove the name of the deceased

 8  voter from the voter registration file.

 9         Section 4.  Subsections (1) and (2) of section 99.061,

10  Florida Statutes, are amended to read:

11         99.061  Method of qualifying for nomination or election

12  to federal, state, county, or district office.--

13         (1)  The provisions of any special act to the contrary

14  notwithstanding, each person seeking to qualify for nomination

15  or election to a federal, state, or multicounty district

16  office, other than election to a judicial office as defined in

17  chapter 105 or the office of school board member, shall file

18  his or her qualification papers with, and pay the qualifying

19  fee, which shall consist of the filing fee and election

20  assessment, and party assessment, if any has been levied, to,

21  the Department of State, or qualify by the petition process

22  pursuant to s. 99.095 with the Department of State, at any

23  time after noon of the 1st day for qualifying, which shall be

24  as follows: the 120th day prior to the primary election, but

25  not later than noon of the 116th day prior to the date of the

26  primary election, for persons seeking to qualify for

27  nomination or election to federal office or to the office of

28  the state attorney or the public defender; and noon of the

29  64th 50th day prior to the primary election, but not later

30  than noon of the 60th 46th day prior to the date of the

31  primary election, for persons seeking to qualify for

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    Florida Senate - 2007                                  SB 2300
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 1  nomination or election to a state or multicounty district

 2  office, other than the office of the state attorney or the

 3  public defender.

 4         (2)  The provisions of any special act to the contrary

 5  notwithstanding, each person seeking to qualify for nomination

 6  or election to a county office, or district or special

 7  district office not covered by subsection (1), shall file his

 8  or her qualification papers with, and pay the qualifying fee,

 9  which shall consist of the filing fee and election assessment,

10  and party assessment, if any has been levied, to, the

11  supervisor of elections of the county, or shall qualify by the

12  petition process pursuant to s. 99.095 with the supervisor of

13  elections, at any time after noon of the 1st day for

14  qualifying, which shall be the 64th 50th day prior to the

15  primary election or special district election, but not later

16  than noon of the 60th 46th day prior to the date of the

17  primary election or special district election. However, if a

18  special district election is held at the same time as the

19  general election, qualifying shall be the 64th 50th day prior

20  to the primary election, but not later than noon of the 60th

21  46th day prior to the date of the primary election. Within 30

22  days after the closing of qualifying time, the supervisor of

23  elections shall remit to the secretary of the state executive

24  committee of the political party to which the candidate

25  belongs the amount of the filing fee, two-thirds of which

26  shall be used to promote the candidacy of candidates for

27  county offices and the candidacy of members of the

28  Legislature.

29         Section 5.  Subsections (1) and (2) of section 99.063,

30  Florida Statutes, are amended to read:

31  

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    Florida Senate - 2007                                  SB 2300
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 1         99.063  Candidates for Governor and Lieutenant

 2  Governor.--

 3         (1)  No later than 5 p.m. of the 10th 9th day following

 4  the primary election, each candidate for Governor shall

 5  designate a Lieutenant Governor as a running mate. Such

 6  designation must be made in writing to the Department of

 7  State.

 8         (2)  No later than 5 p.m. of the 10th 9th day following

 9  the primary election, each designated candidate for Lieutenant

10  Governor shall file with the Department of State:

11         (a)  The candidate's oath required by s. 99.021, which

12  must contain the name of the candidate as it is to appear on

13  the ballot; the office sought; and the signature of the

14  candidate, duly acknowledged.

15         (b)  The loyalty oath required by s. 876.05, signed by

16  the candidate and duly acknowledged.

17         (c)  If the office sought is partisan, the written

18  statement of political party affiliation required by s.

19  99.021(1)(b).

20         (d)  The full and public disclosure of financial

21  interests pursuant to s. 8, Art. II of the State Constitution.

22  A public officer who has filed the full and public disclosure

23  with the Commission on Ethics prior to qualifying for office

24  may file a copy of that disclosure at the time of qualifying.

25         Section 6.  Section 100.061, Florida Statutes, is

26  amended to read:

27         100.061  Primary election.--In each year in which a

28  general election is held, a primary election for nomination of

29  candidates of political parties shall be held on the Tuesday

30  10 9 weeks prior to the general election. The candidate

31  receiving the highest number of votes cast in each contest in

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 1  the primary election shall be declared nominated for such

 2  office. If two or more candidates receive an equal and highest

 3  number of votes for the same office, such candidates shall

 4  draw lots to determine which candidate is nominated.

 5         Section 7.  Section 100.191, Florida Statutes, is

 6  amended to read:

 7         100.191  General election laws applicable to special

 8  elections; returns.--All laws that are applicable to general

 9  elections are applicable to special elections or special

10  primary elections to fill a vacancy in office or nomination,

11  except that the canvass of returns by the county canvassing

12  board of each county in which a special election is held shall

13  be made on the day following the election, and the certificate

14  of the result of the canvass shall be immediately forwarded to

15  the Department of State.  The Elections Canvassing Commission

16  shall immediately, upon receipt of returns from the county in

17  which a special election is held, proceed to canvass the

18  returns and determine and declare the result thereof.

19         Section 8.  Section 101.045, Florida Statutes, is

20  amended to read:

21         101.045  Electors must be registered in precinct;

22  provisions for residence or name change.--

23         (1)  No person shall be permitted to vote in any

24  election precinct or district other than the one in which the

25  person has his or her legal residence and in which the person

26  is registered. However, a person temporarily residing outside

27  the county shall be registered in the precinct in which the

28  main office of the supervisor, as designated by the

29  supervisor, is located when the person has no permanent

30  address in the county and it is the person's intention to

31  remain a resident of Florida and of the county in which he or

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 1  she is registered to vote. Such persons who are registered in

 2  the precinct in which the main office of the supervisor, as

 3  designated by the supervisor, is located and who are residing

 4  outside the county with no permanent address in the county

 5  shall not be registered electors of a municipality and

 6  therefore shall not be permitted to vote in any municipal

 7  election.

 8         (2)(a)  An elector who moves from the precinct in which

 9  the elector is registered may be permitted to vote in the

10  precinct to which he or she has moved his or her legal

11  residence, provided such elector completes an affirmation in

12  substantially the following form:

13  

14             Change of Legal Residence of Registered

15                              Voter

16  

17  Under penalties for false swearing, I, ...(Name of voter)...,

18  swear (or affirm) that the former address of my legal

19  residence was ...(Address of legal residence)... in the

20  municipality of ...., in .... County, Florida, and I was

21  registered to vote in the .... precinct of .... County,

22  Florida; that I have not voted in the precinct of my former

23  registration in this election; that I now reside at

24  ...(Address of legal residence)... in the Municipality of

25  ...., in .... County, Florida, and am therefore eligible to

26  vote in the .... precinct of .... County, Florida; and I

27  further swear (or affirm) that I am otherwise legally

28  registered and entitled to vote.

29  

30     ...(Signature of voter whose address of legal residence has

31  changed)...

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    Florida Senate - 2007                                  SB 2300
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 1  

 2         (b)  A request for an absentee ballot pursuant to s.

 3  101.62 which indicates that the elector has had a change of

 4  legal residence from that reflected in the supervisor's record

 5  is sufficient notice to the supervisor of a change of the

 6  voter's legal residence. Upon receipt of such request for an

 7  absentee ballot from an elector who has changed his or her

 8  legal residence, the supervisor shall provide the elector with

 9  the proper ballot for the precinct in which the elector has

10  established his or her legal residence.

11         (c)(b)  An elector whose name changes because of

12  marriage or other legal process may be permitted to vote,

13  provided such elector completes an affirmation in

14  substantially the following form:

15  

16                   Change of Name of Registered

17                              Voter

18  

19  Under penalties for false swearing, I, ...(New name of

20  voter)..., swear (or affirm) that my name has been changed

21  because of marriage or other legal process. My former name and

22  address of legal residence appear on the registration records

23  of precinct .... as follows:

24  Name..........................................................

25  Address.......................................................

26  Municipality..................................................

27  County........................................................

28  Florida, Zip..................................................

29  My present name and address of legal residence are as follows:

30  Name..........................................................

31  Address.......................................................

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 1  Municipality..................................................

 2  County........................................................

 3  Florida, Zip..................................................

 4  and I further swear (or affirm) that I am otherwise legally

 5  registered and entitled to vote.

 6  

 7               ...(Signature of voter whose name has changed)...

 8  

 9         (d)(c)  Such affirmation, when completed and presented

10  at the precinct in which such elector is entitled to vote, and

11  upon verification of the elector's registration, shall entitle

12  such elector to vote as provided in this subsection. If the

13  elector's eligibility to vote cannot be determined, he or she

14  shall be entitled to vote a provisional ballot, subject to the

15  requirements and procedures in s. 101.048. Upon receipt of an

16  affirmation certifying a change in address of legal residence

17  or name, the supervisor shall as soon as practicable make the

18  necessary changes in the statewide voter registration system

19  to indicate the change in address of legal residence or name

20  of such elector.

21         (e)(d)  Instead of the affirmation contained in

22  paragraph (a) or paragraph (c) (b), an elector may complete a

23  voter registration application that indicates the change of

24  name or change of address of legal residence.

25         Section 9.  Subsection (1) of section 101.048, Florida

26  Statutes, is amended to read:

27         101.048  Provisional ballots.--

28         (1)  At all elections, a voter claiming to be properly

29  registered in the state and eligible to vote at the precinct

30  in the election but whose eligibility cannot be determined, a

31  person whom an election official asserts is not eligible, and

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 1  other persons specified in the code shall be entitled to vote

 2  a provisional ballot. Once voted, the provisional ballot shall

 3  be placed in a secrecy envelope and thereafter sealed in a

 4  provisional ballot envelope. The provisional ballot shall be

 5  deposited in a ballot box. All provisional ballots shall

 6  remain sealed in their envelopes for return to the supervisor

 7  of elections. The department shall prescribe the form of the

 8  provisional ballot envelope. A person casting a provisional

 9  ballot shall have the right to present written evidence

10  supporting his or her eligibility to vote to the supervisor of

11  elections by not later than 5 p.m. on the second third day

12  following the election.

13         Section 10.  Subsection (2) of section 101.051, Florida

14  Statutes, is amended to read:

15         101.051  Electors seeking assistance in casting

16  ballots; oath to be executed; forms to be furnished.--

17         (2)  It is unlawful for any person to be in the voting

18  booth with any elector except as provided in subsection (1). A

19  person at a polling place or early voting site, or within 100

20  feet of the entrance of a polling place or early voting site,

21  may not solicit any elector in an effort to provide assistance

22  to vote pursuant to subsection (1). A person may not provide

23  assistance to more than two electors during any election. Any

24  person who violates this subsection commits a misdemeanor of

25  the first degree, punishable as provided in s. 775.082 or s.

26  775.083.

27         Section 11.  Effective January 1, 2010, paragraph (n)

28  of subsection (1) of section 101.56062, Florida Statutes, is

29  amended to read:

30         101.56062  Standards for accessible voting systems.--

31  

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 1         (1)  Notwithstanding anything in this chapter to the

 2  contrary, each voting system certified by the Department of

 3  State for use in local, state, and federal elections must

 4  include the capability to install accessible voter interface

 5  devices in the system configuration which will allow the

 6  system to meet the following minimum standards:

 7         (n)  Any audio ballot must provide the voter with the

 8  following functionalities:

 9         1.  After the initial instructions that the system

10  requires election officials to provide to each voter, the

11  voter should be able to independently operate the voter

12  interface through the final step of casting a ballot without

13  assistance.

14         2.  The voter must be able to determine the races that

15  he or she is allowed to vote in and to determine which

16  candidates are available in each race.

17         3.  The voter must be able to determine how many

18  candidates may be selected in each race.

19         4.  The voter must be able to have confidence that the

20  physical or vocal inputs given to the system have selected the

21  candidates that he or she intended to select.

22         5.  The voter must be able to review the candidate

23  selections that he or she has made.

24         6.  Prior to the act of casting the ballot, the voter

25  must be able to change any selections previously made and

26  confirm a new selection.

27         7.  The system must communicate to the voter the fact

28  that the voter has failed to vote in a race or has failed to

29  vote the number of allowable candidates in any race and

30  require the voter to confirm his or her intent to undervote

31  before casting the ballot. The system must be able to

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 1  accommodate multiple languages for those jurisdictions

 2  required to comply with s. 203 of the Voting Rights Act.

 3         8.  The system must prevent the voter from overvoting

 4  any race.

 5         9.  The voter must be able to input a candidate's name

 6  in each race that allows a write-in candidate.

 7         10.  The voter must be able to review his or her

 8  write-in input to the interface, edit that input, and confirm

 9  that the edits meet the voter's intent.

10         11.  There must be a clear, identifiable action that

11  the voter takes to "cast" the ballot. The system must make

12  clear to the voter how to take this action so that the voter

13  has minimal risk of taking the action accidentally but, when

14  the voter intends to cast the ballot, the action can be easily

15  performed.

16         12.  Once the ballot is cast, the system must confirm

17  to the voter that the action has occurred and that the voter's

18  process of voting is complete.

19         13.  Once the ballot is cast, the system must preclude

20  the voter from modifying the ballot cast or voting or casting

21  another ballot.

22  

23  The functionalities required in this paragraph for

24  certification may be satisfied by either the voting device or

25  by the entire voting system.

26         Section 12.  Paragraph (a) of subsection (1) and

27  subsection (4) of section 101.62, Florida Statutes, are

28  amended to read:

29         101.62  Request for absentee ballots.--

30         (1)(a)  The supervisor may accept a request for an

31  absentee ballot from an elector in person or in writing.

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 1  Except as provided in s. 101.694, one request shall be deemed

 2  sufficient to receive an absentee ballot for all elections

 3  which are held within a calendar year, unless the elector or

 4  the elector's designee indicates at the time the request is

 5  made the elections for which the elector desires to receive an

 6  absentee ballot. Such request may be considered canceled when

 7  any first-class mail sent by the supervisor to the elector is

 8  returned as undeliverable.

 9         (4)(a)  To each absent qualified elector overseas who

10  has requested an absentee ballot, the supervisor of elections

11  shall mail an absentee ballot not fewer than 35 days before

12  the primary or 45 days before the general election.

13         (b)  The supervisor shall provide an absentee ballot to

14  each elector by whom a request for that ballot has been made

15  by one of the following means:

16         1.  By nonforwardable, return-if-undeliverable mail to

17  the elector's current mailing address on file with the

18  supervisor, unless the elector specifies in the request that:

19         a.  The elector is absent from the county and does not

20  plan to return before the day of the election;

21         b.  The elector is temporarily unable to occupy the

22  residence because of hurricane, tornado, flood, fire, or other

23  emergency or natural disaster; or

24         c.  The elector is in a hospital, assisted-living

25  facility, nursing home, short-term medical or rehabilitation

26  facility, or correctional facility,

27  

28  in which case the supervisor shall mail the ballot by

29  nonforwardable, return-if-undeliverable mail to any other

30  address the elector specifies in the request.

31  

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 1         2.  By forwardable mail to voters who are entitled to

 2  vote by absentee ballot under the Uniformed and Overseas

 3  Citizens Absentee Voting Act.

 4         3.  By personal delivery before 7 p.m. on election day

 5  to the elector, upon presentation of the identification

 6  required in s. 101.043 s. 101.657.

 7         4.  By delivery to a designee on election day or up to

 8  5 4 days prior to the day of an election. Any elector may

 9  designate in writing a person to pick up the ballot for the

10  elector; however, the person designated may not pick up more

11  than two absentee ballots per election, other than the

12  designee's own ballot, except that additional ballots may be

13  picked up for members of the designee's immediate family. For

14  purposes of this section, "immediate family" means the

15  designee's spouse or the parent, child, grandparent, or

16  sibling of the designee or of the designee's spouse. The

17  designee shall provide to the supervisor the written

18  authorization by the elector and a picture identification of

19  the designee and must complete an affidavit. The designee

20  shall state in the affidavit that the designee is authorized

21  by the elector to pick up that ballot and shall indicate if

22  the elector is a member of the designee's immediate family

23  and, if so, the relationship. The department shall prescribe

24  the form of the affidavit. If the supervisor is satisfied that

25  the designee is authorized to pick up the ballot and that the

26  signature of the elector on the written authorization matches

27  the signature of the elector on file, the supervisor shall

28  give the ballot to that designee for delivery to the elector.

29         Section 13.  Subsection (1) of section 101.657, Florida

30  Statutes, is amended to read:

31         101.657  Early voting.--

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 1         (1)(a)  As a convenience to the voter, the supervisor

 2  of elections shall allow an elector to vote early in the main

 3  or branch office of the supervisor. The supervisor shall mark,

 4  code, indicate on, or otherwise track the voter's precinct for

 5  each early voted ballot. In order for a branch office to be

 6  used for early voting, it shall be a permanent facility of the

 7  supervisor and shall have been designated and used as such for

 8  at least 1 year prior to the election. The supervisor may also

 9  designate any city hall or permanent public library facility

10  as early voting sites; however, if so designated, the sites

11  must be geographically located so as to provide all voters in

12  the county an equal opportunity to cast a ballot, insofar as

13  is practicable. The results or tabulation of votes cast during

14  early voting may not be made before the close of the polls on

15  election day. Results shall be reported by precinct.

16         (b)  The supervisor shall designate each early voting

17  site by no later than the 30th day prior to an election and

18  shall designate an early voting area, as defined in s. 97.021,

19  at each early voting site.

20         (c)  In addition to the designations under paragraphs

21  (a) and (b), the supervisor may designate alternative sites or

22  locations within the county. If so designated, the sites must

23  be geographically located so as to provide all voters in the

24  county an equal opportunity to cast a ballot, insofar as is

25  practicable. Notice of any alternative site designated shall

26  be submitted to the Department of State no later than 180 days

27  before the first statewide election for which the site will be

28  used for early voting. The Department of State has 30 days

29  after receiving such notice to receive public comment on the

30  proposed site. The Department of State shall review and may

31  approve the sites, but if the department has not approved or

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 1  disapproved the designated sites within 60 days after

 2  receiving such notice, the sites shall be deemed approved as

 3  early voting sites.

 4         (d)(c)  All early voting sites in a county shall be

 5  open on the same days for the same amount of time and shall

 6  allow any person in line at the closing of an early voting

 7  site to vote.

 8         (e)(d)  Early voting shall begin on the 15th day before

 9  an election and end on the 2nd day before an election. For

10  purposes of a special election held pursuant to s. 100.101,

11  early voting shall begin on the 8th day before an election and

12  end on the 2nd day before an election. Early voting shall be

13  provided for 8 hours per weekday and 8 hours in the aggregate

14  each weekend at each site during the applicable periods. Early

15  voting sites shall open no sooner than 7 a.m. and close no

16  later than 7 p.m. on each applicable day.

17         (f)(e)  Notwithstanding the requirements of s.

18  100.3605, municipalities may provide early voting in municipal

19  elections that are not held in conjunction with county or

20  state elections. If a municipality provides early voting, it

21  may designate as many sites as necessary and shall conduct its

22  activities in accordance with the provisions of paragraphs

23  (a)-(d) (a)-(c). The supervisor is not required to conduct

24  early voting if it is provided pursuant to this subsection.

25         (g)(f)  Notwithstanding the requirements of s. 189.405,

26  special districts may provide early voting in any district

27  election not held in conjunction with county or state

28  elections. If a special district provides early voting, it may

29  designate as many sites as necessary and shall conduct its

30  activities in accordance with the provisions of paragraphs

31  

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 1  (a)-(d) (a)-(c). The supervisor is not required to conduct

 2  early voting if it is provided pursuant to this subsection.

 3         (h)  Notwithstanding the elections specified in s.

 4  100.101, a board of county commissioners may choose not to

 5  conduct early voting for any election called by the board of

 6  county commissioners.

 7         Section 14.  Paragraph (a) of subsection (2) of section

 8  101.68, Florida Statutes, is amended to read:

 9         101.68  Canvassing of absentee ballot.--

10         (2)(a)  The county canvassing board may begin the

11  canvassing of absentee ballots at 7 a.m. on the sixth fourth

12  day before the election, but not later than noon on the day

13  following the election. In addition, for any county using

14  electronic tabulating equipment, the processing of absentee

15  ballots through such tabulating equipment may begin at 7 a.m.

16  on the sixth fourth day before the election. However,

17  notwithstanding any such authorization to begin canvassing or

18  otherwise processing absentee ballots early, no result shall

19  be released until after the closing of the polls in that

20  county on election day. Any supervisor of elections, deputy

21  supervisor of elections, canvassing board member, election

22  board member, or election employee who releases the results of

23  a canvassing or processing of absentee ballots prior to the

24  closing of the polls in that county on election day commits a

25  felony of the third degree, punishable as provided in s.

26  775.082, s. 775.083, or s. 775.084.

27         Section 15.  Subsection (7) of section 102.014, Florida

28  Statutes, is amended to read:

29         102.014  Poll worker recruitment and training.--

30         (7)  The Department of State shall develop a mandatory,

31  statewide, and uniform program for training poll workers on

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 1  issues of etiquette and sensitivity with respect to voters

 2  having a disability. The program must consist of approximately

 3  1 hour of the required number of hours set forth in paragraph

 4  (4)(a). The program must be conducted locally by each

 5  supervisor of elections, who shall periodically certify to the

 6  Department of State whether each poll worker has completed the

 7  program before working during the election cycle. The

 8  supervisor of elections shall contract with a recognized

 9  disability-related organization, such as a center for

10  independent living, family network on disabilities, deaf

11  service bureau, or other such organization, to develop and

12  assist with training the trainers in the disability

13  sensitivity programs. The program must include actual

14  demonstrations of obstacles confronted by disabled persons

15  during the voting process, including obtaining access to the

16  polling place, traveling through the polling area, and using

17  the voting system.

18         Section 16.  Subsections (1) and (2) of section

19  102.112, Florida Statutes, are amended to read:

20         102.112  Deadline for submission of county returns to

21  the Department of State.--

22         (1)  The county canvassing board or a majority thereof

23  shall file the county returns for the election of a federal or

24  state officer with the Department of State immediately after

25  certification of the election results. The returns must

26  contain a certification by the canvassing board that the board

27  has compared reconciled the number of persons who voted with

28  the number of ballots counted and that the certification

29  includes all valid votes cast in the election.

30         (2)  Returns must be filed by 5 p.m. on the 10th 7th

31  day following a primary election and by 5 p.m. on the 12th

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 1  11th day following the general election. However, the

 2  Department of State may correct typographical errors,

 3  including the transposition of numbers, in any returns

 4  submitted to the Department of State pursuant to s.

 5  102.111(1).

 6         Section 17.  Subsection (4) and paragraph (c) of

 7  subsection (6) of section 102.141, Florida Statutes, are

 8  amended to read:

 9         102.141  County canvassing board; duties.--

10         (4)  The canvassing board shall submit on forms or in

11  formats provided by the division unofficial returns to the

12  Department of State for each federal, statewide, state, or

13  multicounty office or ballot measure no later than noon on the

14  fourth third day after any primary, election and no later than

15  noon on the fifth day after any general, or other election.

16  Such returns shall include the canvass of all ballots as

17  required by subsection (2), except for provisional ballots,

18  which returns shall be reported at the time required for

19  official returns pursuant to s. 102.112(2).

20         (6)  If the unofficial returns reflect that a candidate

21  for any office was defeated or eliminated by one-half of a

22  percent or less of the votes cast for such office, that a

23  candidate for retention to a judicial office was retained or

24  not retained by one-half of a percent or less of the votes

25  cast on the question of retention, or that a measure appearing

26  on the ballot was approved or rejected by one-half of a

27  percent or less of the votes cast on such measure, the board

28  responsible for certifying the results of the vote on such

29  race or measure shall order a recount of the votes cast with

30  respect to such office or measure. The Elections Canvassing

31  Commission is the board responsible for ordering federal,

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 1  state, and multicounty recounts. A recount need not be ordered

 2  with respect to the returns for any office, however, if the

 3  candidate or candidates defeated or eliminated from contention

 4  for such office by one-half of a percent or less of the votes

 5  cast for such office request in writing that a recount not be

 6  made.

 7         (c)  The canvassing board shall submit on forms or in

 8  formats provided by the division a second set of unofficial

 9  returns to the Department of State for each federal,

10  statewide, state, or multicounty office or ballot measure no

11  later than 3 p.m. on the 7th fifth day after any primary

12  election and no later than 3 p.m. on the 9th eighth day after

13  any general election in which a recount was conducted pursuant

14  to this subsection. If the canvassing board is unable to

15  complete the recount prescribed in this subsection by the

16  deadline, the second set of unofficial returns submitted by

17  the canvassing board shall be identical to the initial

18  unofficial returns and the submission shall also include a

19  detailed explanation of why it was unable to timely complete

20  the recount. However, the canvassing board shall complete the

21  recount prescribed in this subsection, along with any manual

22  recount prescribed in s. 102.166, and certify election returns

23  in accordance with the requirements of this chapter.

24         Section 18.  Section 104.29, Florida Statutes, is

25  repealed.

26         Section 19.  Paragraph (a) of subsection (1) of section

27  106.143, Florida Statutes, is amended to read:

28         106.143  Political advertisements circulated prior to

29  election; requirements.--

30         (1)(a)  Any political advertisement that is paid for by

31  a candidate and that is published, displayed, or circulated

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 1  prior to, or on the day of, any election must prominently

 2  state: "Political advertisement paid for and approved by

 3  ...(name of candidate)..., ...(party affiliation)..., for

 4  ...(office sought)...." The phrase "Political advertisement

 5  paid" may be abbreviated "Pol. Adv. Pd."

 6  

 7  This subsection does not apply to campaign messages used by a

 8  candidate and the candidate's supporters if those messages are

 9  designed to be worn by a person.

10         Section 20.  Except as otherwise expressly provided in

11  this act, this act shall take effect upon becoming a law.

12  

13            *****************************************

14                          SENATE SUMMARY

15    Revises a number of statutes dealing with elections,
      including changes of address, absentee ballots, the time
16    for performing various functions, powers and duties of
      supervisors of elections and county canvassing boards,
17    and the time of the primary election. (See bill for
      details.)
18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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