October 25, 2020
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HB 131

A bill to be entitled
2An act relating to elections; amending s. 101.6952, F.S.;
3revising responsibilities of the supervisor of elections
4when an overseas voter's request for an absentee ballot
5includes an e-mail address; requiring the supervisor to
6record the e-mail address in the absentee ballot record
7and, via e-mail, confirm that the request was received,
8inform the voter of the estimated date the ballot will be
9sent, and notify the voter when the absentee ballot is
10received; amending s. 101.697, F.S.; providing that an
11overseas voter may request an absentee ballot and transmit
12the voted ballot by facsimile or electronic mail;
13providing that an overseas voter may request an absentee
14ballot, vote, and return the ballot by other secured
15transmission when certain criteria are met; requiring the
16Department of State to adopt rules establishing the
17process for accepting voted absentee ballots via
18facsimile, e-mail, or other secure electronic means;
19establishing minimum criteria; deleting existing
20provisions relating to electronic transmission of election
21materials to conform; providing an effective date.
23Be It Enacted by the Legislature of the State of Florida:
25     Section 1.  Section 101.6952, Florida Statutes, is amended
26to read:
27     101.6952  Absentee ballots for overseas voters.--
28     (1)  If an overseas voter's request for an absentee ballot
29includes an e-mail address, the supervisor of elections shall:
30     (a)  Record the voter's e-mail address in the absentee
31ballot record;
32     (b)  Confirm via e-mail that the absentee ballot request
33was received and include in that e-mail the estimated date the
34ballot will be sent to the voter;
35     (c)  Inform the voter of the names of candidates who will
36be on the ballots via electronic transmission. The supervisor of
37elections shall e-mail to the voter the list of candidates for
38the primary and general election not later than 30 days before
39each election; and
40     (d)  E-mail the voter when the voted absentee ballot is
41received by the supervisor of elections.
42     (2)  For absentee ballots received from overseas voters,
43there is a presumption that the envelope was mailed on the date
44stated on the outside of the return envelope, regardless of the
45absence of a postmark on the mailed envelope or the existence of
46a postmark date that is later than the date of the election.
47     Section 2.  Section 101.697, Florida Statutes, is amended
48to read:
49     101.697  Electronic transmission of election materials.--
50     (1)  An overseas voter may request an absentee ballot and
51transmit a voted absentee ballot via facsimile or electronic
52mail to a supervisor of elections.
53     (2)  An overseas voter may request an absentee ballot,
54vote, and return a voted absentee ballot by other secured
55transmission, provided the voting system process has been
56approved by the Department of State. The department shall adopt
57rules for the submission and approval of the secured
58transmission process.
59     (3)  The department shall adopt rules that provide the
60process for accepting the voted absentee ballot via facsimile,
61e-mail, or other secure electronic means. The rules must provide
62at a minimum, the process for verifying the voter, establishing
63the security of the transmission of the voted absentee ballot,
64and recording the voted absentee ballot once received. The
65Department of State shall determine whether secure electronic
66means can be established for receiving ballots from overseas
67voters. If such security can be established, the department
68shall adopt rules to authorize a supervisor of elections to
69accept from an overseas voter a request for an absentee ballot
70or a voted absentee ballot by secure facsimile machine
71transmission or other secure electronic means. The rules must
72provide that in order to accept a voted ballot, the verification
73of the voter must be established, the security of the
74transmission must be established, and each ballot received must
75be recorded.
76     Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.
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