January 24, 2021
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2010                                    SB 2486
       
       
       
       By Senator Storms
       
       
       
       
       10-00985B-10                                          20102486__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 97.052,
    3         F.S.; requiring that the federal write-in absentee
    4         ballot be accepted as an application for voter
    5         registration when it contains information required by
    6         the constitution and laws of the state; amending s.
    7         101.6103, F.S.; requiring the counting of absentee
    8         ballots cast by overseas voters in a mail ballot
    9         election if received within 10 days after the election
   10         and legal; amending s. 101.65, F.S.; revising the
   11         printed instructions that accompany an absentee
   12         ballot; amending s. 101.67, F.S.; conforming
   13         provisions relating to when an absentee ballot must be
   14         received to be counted; amending s. 101.6923, F.S.;
   15         revising the printed instructions that accompany
   16         special absentee ballots for certain first-time
   17         voters; amending s. 101.6925, F.S.; requiring the
   18         counting of a special absentee ballot cast by an
   19         overseas voter if received within 10 days after an
   20         election and legal; amending s. 101.694, F.S.;
   21         providing for the processing or mailing of an absentee
   22         ballot upon receipt of a federal write-in absentee
   23         ballot; amending s. 101.6952, F.S.; requiring the
   24         supervisor of elections to e-mail ballots and
   25         balloting materials to certain absent voters;
   26         permitting the use of the federal write-in absentee
   27         ballot by overseas voters in any federal, state, or
   28         local election; authorizing the use of facsimile
   29         transmission or e-mail delivery if offered by the
   30         voter’s jurisdiction; creating s. 101.6956, F.S.;
   31         requiring the counting of absentee ballots cast by
   32         overseas voters if received within 10 days after an
   33         election and legal; amending s. 101.697, F.S.;
   34         removing provisions requiring the Department of State
   35         to make a determination regarding secure electronic
   36         ballots from overseas voters; requiring the department
   37         to adopt rules governing the acceptance of absentee
   38         ballots from uniformed services voters and the use of
   39         electronic mail; amending s. 102.112, F.S.; revising
   40         the deadline for submission of county returns for a
   41         primary election to the Department of State; providing
   42         an effective date.
   43  
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Subsection (5) of section 97.052, Florida
   47  Statutes, is amended to read:
   48         97.052 Uniform statewide voter registration application.—
   49         (5) The voter registration application form prescribed by
   50  the Election Assistance Commission pursuant to federal law, or
   51  the federal postcard application, or the federal write-in
   52  absentee ballot must be accepted as an application for
   53  registration in this state if the completed application, federal
   54  or postcard application, or federal write-in absentee ballot
   55  contains the information required by the constitution and laws
   56  of this state.
   57         Section 2. Subsection (7) of section 101.6103, Florida
   58  Statutes, is amended to read:
   59         101.6103 Mail ballot election procedure.—
   60         (7) With respect to absent electors overseas entitled to
   61  vote in the election, the supervisor of elections shall mail an
   62  official ballot with a secrecy envelope, a return mailing
   63  envelope, and instructions sufficient to describe the voting
   64  process to each such elector on a date sufficient to allow such
   65  elector time to vote in the election and to have his or her
   66  marked ballot reach the supervisor by 7 p.m. on the day of the
   67  election. However, a ballot cast by an overseas voter shall be
   68  counted if the ballot is received within 10 days after the date
   69  of the election, is postmarked or signed and dated no later than
   70  the date of the election, and is legal.
   71         Section 3. Section 101.65, Florida Statutes, is amended to
   72  read:
   73         101.65 Instructions to absent electors.—The supervisor
   74  shall enclose with each absentee ballot separate printed
   75  instructions in substantially the following form:
   76  
   77  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
   78         1. VERY IMPORTANT. In order to ensure that your absentee
   79  ballot will be counted, it should be completed and returned as
   80  soon as possible so that it can reach the supervisor of
   81  elections of the county in which your precinct is located no
   82  later than 7 p.m. on the day of the election.
   83         2. Mark your ballot in secret as instructed on the ballot.
   84  You must mark your own ballot unless you are unable to do so
   85  because of blindness, disability, or inability to read or write.
   86         3. Mark only the number of candidates or issue choices for
   87  a race as indicated on the ballot. If you are allowed to “Vote
   88  for One” candidate and you vote for more than one candidate,
   89  your vote in that race will not be counted.
   90         4. Place your marked ballot in the enclosed secrecy
   91  envelope.
   92         5. Insert the secrecy envelope into the enclosed mailing
   93  envelope which is addressed to the supervisor.
   94         6. Seal the mailing envelope and completely fill out the
   95  Voter’s Certificate on the back of the mailing envelope.
   96         7. VERY IMPORTANT. In order for your absentee ballot to be
   97  counted, you must sign your name on the line above (Voter’s
   98  Signature).
   99         8. VERY IMPORTANT. If you are an overseas voter, you must
  100  include the date you signed the Voter’s Certificate on the line
  101  above (Date) or your ballot may not be counted. An absentee
  102  ballot cast by an overseas voter shall be counted if the ballot
  103  is received within 10 days after the date of the election, is
  104  postmarked or signed and dated no later than the date of the
  105  election, and is legal.
  106         9. Mail, deliver, or have delivered the completed mailing
  107  envelope. Be sure there is sufficient postage if mailed.
  108         10. FELONY NOTICE. It is a felony under Florida law to
  109  accept any gift, payment, or gratuity in exchange for your vote
  110  for a candidate. It is also a felony under Florida law to vote
  111  in an election using a false identity or false address, or under
  112  any other circumstances making your ballot false or fraudulent.
  113         Section 4. Section 101.67, Florida Statutes, is amended to
  114  read:
  115         101.67 Safekeeping of mailed ballots; deadline for
  116  receiving absentee ballots.—
  117         (1) The supervisor of elections shall safely keep in his or
  118  her office any envelopes received containing marked ballots of
  119  absent electors, and he or she shall, before the canvassing of
  120  the election returns, deliver the envelopes to the county
  121  canvassing board along with his or her file or list kept
  122  regarding such said ballots.
  123         (2) Except as otherwise provided in s. 101.6956, all marked
  124  absent electors’ ballots to be counted must be received by the
  125  supervisor by 7 p.m. the day of the election. All ballots
  126  received after the applicable deadline thereafter shall be
  127  marked with the time and date of receipt and filed in the
  128  supervisor’s office.
  129         Section 5. Subsection (2) of section 101.6923, Florida
  130  Statutes, is amended to read:
  131         101.6923 Special absentee ballot instructions for certain
  132  first-time voters.—
  133         (2) A voter covered by this section shall be provided with
  134  printed instructions with his or her absentee ballot in
  135  substantially the following form:
  136  
  137  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
  138  FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
  139  TO COUNT.
  140  
  141         1. In order to ensure that your absentee ballot will be
  142  counted, it should be completed and returned as soon as possible
  143  so that it can reach the supervisor of elections of the county
  144  in which your precinct is located no later than 7 p.m. on the
  145  date of the election.
  146         2. Mark your ballot in secret as instructed on the ballot.
  147  You must mark your own ballot unless you are unable to do so
  148  because of blindness, disability, or inability to read or write.
  149         3. Mark only the number of candidates or issue choices for
  150  a race as indicated on the ballot. If you are allowed to “Vote
  151  for One” candidate and you vote for more than one, your vote in
  152  that race will not be counted.
  153         4. Place your marked ballot in the enclosed secrecy
  154  envelope and seal the envelope.
  155         5. Insert the secrecy envelope into the enclosed envelope
  156  bearing the Voter’s Certificate. Seal the envelope and
  157  completely fill out the Voter’s Certificate on the back of the
  158  envelope.
  159         a. You must sign your name on the line above (Voter’s
  160  Signature).
  161         b. If you are an overseas voter, you must include the date
  162  you signed the Voter’s Certificate on the line above (Date) or
  163  your ballot may not be counted. An absentee ballot cast by an
  164  overseas voter shall be counted if the ballot is received within
  165  10 days after the date of the election, is postmarked or signed
  166  and dated no later than the date of the election, and is legal.
  167         6. Unless you meet one of the exemptions in Item 7., you
  168  must make a copy of one of the following forms of
  169  identification:
  170         a. Identification which must include your name and
  171  photograph: United States passport; debit or credit card;
  172  military identification; student identification; retirement
  173  center identification; neighborhood association identification;
  174  or public assistance identification; or
  175         b. Identification which shows your name and current
  176  residence address: current utility bill, bank statement,
  177  government check, paycheck, or government document (excluding
  178  voter identification card).
  179         7. The identification requirements of Item 6. do not apply
  180  if you meet one of the following requirements:
  181         a. You are 65 years of age or older.
  182         b. You have a temporary or permanent physical disability.
  183         c. You are a member of a uniformed service on active duty
  184  who, by reason of such active duty, will be absent from the
  185  county on election day.
  186         d. You are a member of the Merchant Marine who, by reason
  187  of service in the Merchant Marine, will be absent from the
  188  county on election day.
  189         e. You are the spouse or dependent of a member referred to
  190  in paragraph c. or paragraph d. who, by reason of the active
  191  duty or service of the member, will be absent from the county on
  192  election day.
  193         f. You are currently residing outside the United States.
  194         8. Place the envelope bearing the Voter’s Certificate into
  195  the mailing envelope addressed to the supervisor. Insert a copy
  196  of your identification in the mailing envelope. DO NOT PUT YOUR
  197  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
  198  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
  199  BALLOT WILL NOT COUNT.
  200         9. Mail, deliver, or have delivered the completed mailing
  201  envelope. Be sure there is sufficient postage if mailed.
  202         10. FELONY NOTICE. It is a felony under Florida law to
  203  accept any gift, payment, or gratuity in exchange for your vote
  204  for a candidate. It is also a felony under Florida law to vote
  205  in an election using a false identity or false address, or under
  206  any other circumstances making your ballot false or fraudulent.
  207         Section 6. Subsection (3) of section 101.6925, Florida
  208  Statutes, is amended to read:
  209         101.6925 Canvassing special absentee ballots.—
  210         (3) If the identification is not enclosed in the mailing
  211  envelope and the voter has not indicated that he or she is
  212  exempt from the identification requirements, the supervisor
  213  shall check the voter registration records to determine if the
  214  voter’s identification was previously received or the voter had
  215  previously notified the supervisor that he or she was exempt.
  216  The envelope with the Voter’s Certificate shall not be opened
  217  unless the identification has been received or the voter has
  218  indicated that he or she is exempt. The ballot shall be treated
  219  as a provisional ballot until 7 p.m. on election day and shall
  220  not be canvassed unless the supervisor has received the required
  221  identification or written indication of exemption by 7 p.m. on
  222  election day. However, an absentee ballot cast by an overseas
  223  voter shall be counted if the ballot is received within 10 days
  224  after the date of the election, is postmarked or signed and
  225  dated no later than the date of the election, and is legal.
  226         Section 7. Section 101.694, Florida Statutes, is amended to
  227  read:
  228         101.694 Mailing or processing of absentee ballots upon
  229  receipt of federal postcard application or federal write-in
  230  absentee ballot.—
  231         (1) Upon receipt of a federal postcard application for an
  232  absentee ballot executed by a person whose registration is in
  233  order or whose application is sufficient to register or update
  234  the registration of that person, the supervisor shall mail to
  235  the applicant a ballot, if the ballots are available for
  236  mailing. The federal postcard application request for an
  237  absentee ballot shall be effective for all elections through the
  238  next two regularly scheduled general elections.
  239         (2) Upon receipt of a federal write-in absentee ballot
  240  executed by a person whose registration is in order or whose
  241  information on the form is sufficient to register or update the
  242  registration of that person, the supervisor shall consider the
  243  ballot as an absentee ballot request and, if voted, process the
  244  ballot pursuant to s. 101.67(1). If the federal write-in
  245  absentee ballot received isn’t voted, the supervisor shall mail
  246  to the applicant an absentee ballot, if the ballots are
  247  available for mailing.
  248         (3)(2) Upon receipt of a federal postcard application for
  249  an absentee ballot or a federal write-in absentee ballot
  250  executed by a person whose registration is not in order and
  251  whose application is insufficient to register or update the
  252  registration of that person, the supervisor shall follow the
  253  procedure set forth in s. 97.073.
  254         (4)(3) Absentee envelopes printed for voters entitled to
  255  vote absentee under the Uniformed and Overseas Citizens Absentee
  256  Voting Act shall meet the specifications as determined by the
  257  Federal Voting Assistance Program of the United States
  258  Department of Defense and the United States Postal Service.
  259         (5)(4) Cognizance shall be taken of the fact that absentee
  260  ballots and other materials such as instructions and envelopes
  261  are to be carried via air mail, and, to the maximum extent
  262  possible, such ballots and materials shall be reduced in size
  263  and weight of paper. The same ballot shall be used, however, as
  264  is used by other absentee voters.
  265         Section 8. Section 101.6952, Florida Statutes, is amended
  266  to read:
  267         101.6952 Absentee ballots for overseas voters.—
  268         (1) If an overseas voter’s request for an absentee ballot
  269  includes an e-mail address, the supervisor of elections shall
  270  inform the voter of the names of candidates who will be on the
  271  ballots via electronic transmission. The supervisor of elections
  272  shall e-mail to the voter ballots and balloting materials the
  273  list of candidates for the primary and general election not
  274  later than 30 days before each election.
  275         (2) A voter who is entitled to vote absentee under the
  276  Uniformed and Overseas Citizens Absentee Voting Act may use the
  277  federal write-in absentee ballot in any federal, state, or local
  278  election for which the voter is entitled to vote. The voter may
  279  choose facsimile transmission or e-mail delivery if offered by
  280  the voter’s jurisdiction. The supervisor of elections shall
  281  transmit ballots and balloting materials to the voter using the
  282  electronic means that the voter has chosen.
  283         (3)(2) For absentee ballots received from overseas voters,
  284  there is a presumption that the envelope was mailed on the date
  285  stated on the outside of the return envelope, regardless of the
  286  absence of a postmark on the mailed envelope or the existence of
  287  a postmark date that is later than the date of the election.
  288         Section 9. Section 101.6956, Florida Statutes, is created
  289  to read:
  290         101.6956 Receipt and counting of absentee ballots of
  291  overseas voters.—An absentee ballot cast by an overseas voter
  292  which is postmarked or signed and dated no later than the date
  293  of the applicable federal, state, or local election shall be
  294  counted if received within 10 days after the date of the
  295  election and legal.
  296         Section 10. Section 101.697, Florida Statutes, is amended
  297  to read:
  298         101.697 Electronic transmission of election materials.—The
  299  Department of State shall determine whether secure electronic
  300  means can be established for receiving ballots from overseas
  301  voters. If such security can be established, the department
  302  shall adopt rules to authorize a supervisor of elections to
  303  accept from a uniformed services voter or an overseas voter a
  304  request for an absentee ballot and or a voted absentee ballot by
  305  secure facsimile machine transmission, electronic mail, or other
  306  secure electronic means. The rules must provide that in order to
  307  accept a voted ballot, the verification of the voter must be
  308  established, the security of the transmission must be
  309  established, and each ballot received must be recorded.
  310         Section 11. Subsection (2) of section 102.112, Florida
  311  Statutes, is amended to read:
  312         102.112 Deadline for submission of county returns to the
  313  Department of State.—
  314         (2) Returns must be filed by 5 p.m. on the 11th 7th day
  315  following a primary election and by noon on the 12th day
  316  following the general election. However, the Department of State
  317  may correct typographical errors, including the transposition of
  318  numbers, in any returns submitted to the Department of State
  319  pursuant to s. 102.111(1).
  320         Section 12. This act shall take effect July 1, 2010.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2021 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader