Senate Bill 3004
Senate Bill sb3004
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Florida Senate - 2004 SB 3004
By Senator Cowin
20-1863-04
1 A bill to be entitled
2 An act relating to elections; amending s.
3 97.021, F.S.; redesignating "paper ballot" as
4 "marksense ballot" and redefining the term
5 "voting system"; amending s. 97.052, F.S.;
6 providing an additional purpose for statewide
7 voter registration applications; amending s.
8 99.095, F.S.; revising procedures for
9 qualification by petition; amending s. 99.0955,
10 F.S.; revising method of qualification by
11 candidates with no party affiliation; amending
12 s. 99.096, F.S.; revising method of
13 qualification by minor party candidates;
14 amending s. 100.011, F.S.; providing that
15 electors in line to vote at the closing of the
16 polls must be allowed to vote; amending s.
17 100.111, F.S.; revising procedures to be
18 followed in the event of a vacancy in
19 nomination; amending s. 101.031, F.S.; revising
20 provisions regarding the responsibility for
21 furnishing instructions for electors; amending
22 ss. 101.048, 101.049, F.S.; providing for
23 voting of provisional ballots by persons with
24 disabilities; amending s. 101.131, F.S.;
25 revising the number of authorized poll
26 watchers; providing for certain political
27 committees to have poll watchers; revising
28 provisions for designation of poll watchers;
29 amending s. 101.151, F.S.; revising
30 specifications for ballots; amending s.
31 101.171, F.S.; providing for copies of proposed
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1 constitutional amendments to be provided in
2 booklet or poster form; amending s. 101.253,
3 F.S.; prescribing duties of the supervisor of
4 elections with respect to ballots in cases of
5 vacancy in nomination; amending s. 101.294,
6 F.S.; prohibiting governing bodies from
7 deploying uncertified voting equipment;
8 prohibiting vendors of voting equipment from
9 providing uncertified voting systems; requiring
10 vendors of voting equipment to provide
11 certifications that voting systems have been
12 certified; amending s. 101.295, F.S.; providing
13 penalties for unlawfully providing voting
14 systems; amending s. 101.5606, F.S.; conforming
15 to a change in terminology; providing an
16 additional requirement for voting systems;
17 amending s. 101.595, F.S.; revising duties of
18 the supervisor of elections with respect to
19 reporting under votes and overvotes; amending
20 s. 101.6103, F.S.; allowing mail ballots to
21 begin being canvassed 4 days before the
22 election; amending s. 101.62, F.S.; revising
23 provisions relating to absentee ballots for
24 overseas voters; amending s. 101.64, F.S.;
25 requiring absentee voters voting pursuant to
26 the Uniformed and Overseas Citizens Absentee
27 Voting Act to use a standard oath as prescribed
28 by federal law; amending s. 101.68, F.S.;
29 providing an exemption from the witness
30 requirement for absentee ballots for certain
31 voters; amending s. 101.6923, F.S.; revising
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1 requirements for instructions for certain
2 first-time voters voting an absentee ballot;
3 amending s. 101.694, F.S.; revising guidelines
4 for absentee envelopes; amending s. 101.697,
5 F.S.; requiring the Department of State to
6 determine security of electronic transmissions
7 of certain absentee ballots before adopting
8 rule; amending s. 102.012, F.S.; providing for
9 a single election board in each precinct;
10 amending s. 102.111, F.S.; allowing the
11 Elections Canvassing Commission to delegate the
12 authority to order recounts to the chief
13 election officer; amending s. 102.071, F.S.;
14 deleting the requirement that the certificate
15 of results be prepared in triplicate; amending
16 s. 102.141, F.S.; deleting the requirement that
17 the canvass be filed with the county court
18 judge; clarifying responsibility for ordering
19 recounts; deleting the requirement for the
20 logic and accuracy test at the completion of
21 the recount; extending the deadline for
22 reporting results of the machine recount;
23 amending s. 102.166, F.S.; clarifying
24 responsibility for ordering manual recounts;
25 clarifying that manual recounts are only
26 conducted with marksense ballots and when the
27 number of overvotes and undervotes could change
28 the outcome of the election; amending s.
29 102.168, F.S.; revising provisions with respect
30 to the time for contesting an election;
31 declaring the county canvassing board and the
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1 Elections Canvassing Commission indispensable
2 parties in contested elections; amending s.
3 105.031, F.S.; exempting write-in candidates
4 for certain office from payment of the
5 qualifying fee; amending s. 105.035, F.S.;
6 revising procedures for qualifying as candidate
7 for judicial or school board office by
8 petition; amending s. 106.011, F.S.; defining
9 the term "eliminated candidate"; amending s.
10 106.07, F.S.; revising requirements for filing
11 campaign reports; allowing electronic receipts
12 to be used as proof of filing; creating s.
13 106.0705, F.S.; providing for electronic filing
14 of campaign treasurer's reports; providing
15 standards and guidelines; amending s. 106.075,
16 F.S.; revising requirement with respect to
17 reporting loans; amending s. 106.08, F.S.;
18 prohibiting candidates from expending funds
19 from campaign account to obtain endorsements;
20 amending s. 106.087, F.S.; exempting committees
21 of continuous existence from certain
22 prohibitions with respect to expenditures;
23 amending s. 106.09, F.S.; prohibiting
24 acceptance of certain contributions made by
25 money order; providing penalties; amending s.
26 106.11, F.S.; revising provisions relating to
27 reporting use of debit cards; amending s.
28 106.29, F.S.; revising provisions relating to
29 reports by political parties; requiring voting
30 systems to meet certain requirements by a date
31 certain; repealing s. 98.181, F.S., relating to
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1 the supervisor of elections making up indexes
2 or records; repealing s. 101.635, F.S.,
3 relating to distribution of blocks of printed
4 ballots; repealing s. 102.061, F.S., relating
5 to duties of elections boards; repealing s.
6 106.085, F.S., relating to independent
7 expenditures; repealing s. 106.144, F.S.,
8 relating to endorsements or opposition by
9 certain groups and organizations; amending s.
10 22, ch. 2002-281, Laws of Florida; changing the
11 effective date of certain sections of ch.
12 2002-281, Laws of Florida; amending s. 287.057,
13 F.S.; adding an exemption to the competitive
14 solicitation requirement to exempt certain
15 voter education activities; providing effective
16 dates.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsections (3) and (38) of section 97.021,
21 Florida Statutes, are amended to read:
22 97.021 Definitions.--For the purposes of this code,
23 except where the context clearly indicates otherwise, the
24 term:
25 (3) "Ballot" or "official ballot" when used in
26 reference to:
27 (a) "Marksense Paper ballots" means that printed sheet
28 of paper, used in conjunction with an electronic or
29 electromechanical vote tabulation voting system, containing
30 the names of candidates, or a statement of proposed
31 constitutional amendments or other questions or propositions
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1 submitted to the electorate at any election, on which sheet of
2 paper an elector casts his or her vote.
3 (b) "Electronic or electromechanical devices" means a
4 ballot that is voted by the process of electronically
5 designating, including by touchscreen, or marking with a
6 marking device for tabulation by automatic tabulating
7 equipment or data processing equipment.
8 (38) "Voting system" means a method of casting and
9 processing votes that functions wholly or partly by use of
10 electromechanical or electronic apparatus or by use of
11 marksense paper ballots and includes, but is not limited to,
12 the procedures for casting and processing votes and the
13 programs, operating manuals, supplies tabulating cards,
14 printouts, and other software necessary for the system's
15 operation.
16 Section 2. Subsection (1) of section 97.052, Florida
17 Statutes, is amended to read:
18 97.052 Uniform statewide voter registration
19 application.--
20 (1) The department shall prescribe a uniform statewide
21 voter registration application for use in this state.
22 (a) The uniform statewide voter registration
23 application must be accepted for any one or more of the
24 following purposes:
25 1. Initial registration.
26 2. Change of address.
27 3. Change of party affiliation.
28 4. Change of name.
29 5. Replacement of voter registration identification
30 card.
31 6. Signature updates.
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1 (b) The department is responsible for printing the
2 uniform statewide voter registration application and the voter
3 registration application form prescribed by the Federal
4 Election Commission pursuant to the National Voter
5 Registration Act of 1993. The applications and forms must be
6 distributed, upon request, to the following:
7 1. Individuals seeking to register to vote.
8 2. Individuals or groups conducting voter registration
9 programs. A charge of 1 cent per application shall be assessed
10 on requests for 10,000 or more applications.
11 3. The Department of Highway Safety and Motor
12 Vehicles.
13 4. Voter registration agencies.
14 5. Armed forces recruitment offices.
15 6. Qualifying educational institutions.
16 7. Supervisors, who must make the applications and
17 forms available in the following manner:
18 a. By distributing the applications and forms in their
19 offices to any individual or group.
20 b. By distributing the applications and forms at other
21 locations designated by each supervisor.
22 c. By mailing the applications and forms to applicants
23 upon the request of the applicant.
24 (c) The uniform statewide voter registration
25 application may be reproduced by any of the entities described
26 in paragraph (b) private individual or group, provided the
27 reproduced application is in the same format as the
28 application prescribed under this section.
29 Section 3. Effective January 1, 2005, section 99.095,
30 Florida Statutes, is amended to read:
31 (Substantial rewording of section. See
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1 s. 99.095, F.S., for present text.)
2 99.095 Petition process in lieu of qualifying fee and
3 party assessment.--
4 (1) A person seeking to qualify as a candidate for any
5 office is not required to pay the qualifying fee or party
6 assessment required by this chapter if he or she meets the
7 petition requirements of this section.
8 (2)(a) A candidate shall obtain the signatures of
9 voters in the geographical area represented by the office
10 sought equal to at least 1 percent of the total number of
11 voters of that geographical area, as shown by the compilation
12 by the department for the last preceding general election.
13 Signatures may not be obtained until the candidate has filed
14 the appointment of campaign treasurer and designation of
15 campaign depository pursuant to s. 106.021.
16 (b) The format of the petition shall be prescribed by
17 the division and shall be used by candidates to reproduce
18 petitions for circulation. If the candidate is running for an
19 office that requires a group or district designation, the
20 petition must indicate that designation and if it does not,
21 the signatures are not valid. A separate petition is required
22 for each candidate.
23 (3) Each petition must be submitted before noon of the
24 28th day preceding the first day of the qualifying period for
25 the office sought to the supervisor of elections of the county
26 in which such petition was circulated. Each supervisor shall
27 check the signatures on the petitions to verify their status
28 as voters in the county, district, or other geographical area
29 represented by the office sought. No later than the 7th day
30 before the first day of the qualifying period, the supervisor
31 shall certify the number of valid signatures.
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1 (4)(a) Certifications for candidates for federal,
2 state, or multicounty district office shall be submitted to
3 the division. The division shall determine whether the
4 required number of signatures has been obtained and shall
5 notify the candidate.
6 (b) For candidates for county or district office not
7 covered by paragraph (a), the supervisor shall determine
8 whether the required number of signatures has been obtained
9 and shall notify the candidate.
10 (5) If the required number of signatures has been
11 obtained, the candidate is eligible to qualify pursuant to s.
12 99.061.
13 Section 4. Effective January 1, 2005, section 99.0955,
14 Florida Statutes, is amended to read:
15 99.0955 Candidates with no party affiliation; name on
16 general election ballot.--
17 (1) Each person seeking to qualify for election as a
18 candidate with no party affiliation shall file his or her
19 qualifying qualification papers and pay the qualifying fee or
20 qualify by the petition process pursuant to s. 99.095,
21 alternative method prescribed in subsection (3) with the
22 officer and during the times and under the circumstances
23 prescribed in s. 99.061. Upon qualifying, the candidate is
24 entitled to have his or her name placed on the general
25 election ballot.
26 (2) The qualifying fee for candidates with no party
27 affiliation shall consist of a filing fee and an election
28 assessment. The amount of the filing fee is 3 percent of the
29 annual salary of the office sought. The amount of the
30 election assessment is 1 percent of the annual salary of the
31 office sought. The election assessment shall be deposited
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1 into the Elections Commission Trust Fund. Filing fees paid to
2 the Department of State shall be deposited into the General
3 Revenue Fund of the state. Filing fees paid to the supervisor
4 of elections shall be deposited into the general revenue fund
5 of the county.
6 (3)(a) A candidate with no party affiliation may, in
7 lieu of paying the qualifying fee, qualify for office by the
8 alternative method prescribed in this subsection. A candidate
9 using this petitioning process shall file an oath with the
10 officer before whom the candidate would qualify for the office
11 stating that he or she intends to qualify by this alternative
12 method. If the person is running for an office that requires
13 a group or district designation, the candidate must indicate
14 the designation in his or her oath. The oath shall be filed
15 at any time after the first Tuesday after the first Monday in
16 January of the year in which the election is held, but before
17 the 21st day preceding the first day of the qualifying period
18 for the office sought. The Department of State shall
19 prescribe the form to be used in administering and filing the
20 oath. Signatures may not be obtained by a candidate on any
21 petition until the candidate has filed the oath required in
22 this subsection. Upon receipt of the written oath from a
23 candidate, the qualifying officer shall provide the candidate
24 with petition forms in sufficient numbers to facilitate the
25 gathering of signatures. If the candidate is running for an
26 office that requires a group or district designation, the
27 petition must indicate that designation or the signatures
28 obtained on the petition will not be counted.
29 (b) A candidate shall obtain the signatures of a
30 number of qualified electors in the geographical entity
31 represented by the office sought equal to 1 percent of the
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1 registered electors of the geographical entity represented by
2 the office sought, as shown by the compilation by the
3 Department of State for the preceding general election.
4 (c) Each petition must be submitted before noon of the
5 21st day preceding the first day of the qualifying period for
6 the office sought, to the supervisor of elections of the
7 county for which such petition was circulated. Each supervisor
8 to whom a petition is submitted shall check the signatures on
9 the petition to verify their status as electors in the county,
10 district, or other geographical entity represented by the
11 office sought. Before the first day for qualifying, the
12 supervisor shall certify the number shown as registered
13 electors.
14 (d)1. Certifications for candidates for federal,
15 state, or multicounty district office shall be submitted to
16 the Department of State. The Department of State shall
17 determine whether the required number of signatures has been
18 obtained for the name of the candidate to be placed on the
19 ballot and shall notify the candidate.
20 2. For candidates for county or district office not
21 covered by subparagraph 1., the supervisor of elections shall
22 determine whether the required number of signatures has been
23 obtained for the name of the candidate to be placed on the
24 ballot and shall notify the candidate.
25 (e) If the required number of signatures has been
26 obtained, the candidate shall, during the time prescribed for
27 qualifying for office, submit a copy of the notice received
28 under paragraph (d) and file his or her qualifying papers and
29 the oath prescribed by s. 99.021 with the qualifying officer.
30 Section 5. Effective January 1, 2005, section 99.096,
31 Florida Statutes, is amended to read:
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1 99.096 Minor party candidates; names on ballot.--
2 (1) The executive committee of a minor political party
3 shall, no later than noon of the third day prior to the first
4 day of the qualifying period prescribed for federal
5 candidates, submit to the Department of State a list of
6 federal candidates nominated by the party to be on the general
7 election ballot. and No later than noon of the third day prior
8 to the first day of the qualifying period for state
9 candidates, the executive committee of a minor party shall
10 submit to the Department of State the official list of the
11 state, multicounty, and county respective candidates nominated
12 by that party to be on the ballot in the general election to
13 the filing officer for each of the candidates. The Department
14 of State shall notify the appropriate supervisors of elections
15 of the name of each minor party candidate eligible to qualify
16 before such supervisor. The official list of nominated
17 candidates may not be changed by the party after having been
18 filed with the filing officers Department of State, except
19 that candidates who have qualified may withdraw from the
20 ballot pursuant to the provisions of this code, and vacancies
21 in nominations may be filled pursuant to s. 100.111.
22 (2) Each person seeking to qualify for election as a
23 candidate of a minor party shall file his or her qualifying
24 qualification papers with, and pay the qualifying fee and, if
25 one has been levied, the party assessment, or qualify by the
26 petition process pursuant to s. 99.095 alternative method
27 prescribed in subsection (3), with the officer and at the
28 times and under the circumstances provided in s. 99.061.
29 (3)(a) A minor party candidate may, in lieu of paying
30 the qualifying fee and party assessment, qualify for office by
31 the alternative method prescribed in this subsection. A
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1 candidate using this petitioning process shall file an oath
2 with the officer before whom the candidate would qualify for
3 the office stating that he or she intends to qualify by this
4 alternative method. If the person is running for an office
5 that requires a group or district designation, the candidate
6 must indicate the designation in his or her oath. The oath
7 must be filed at any time after the first Tuesday after the
8 first Monday in January of the year in which the election is
9 held, but before the 21st day preceding the first day of the
10 qualifying period for the office sought. The Department of
11 State shall prescribe the form to be used in administering and
12 filing the oath. Signatures may not be obtained by a
13 candidate on any petition until the candidate has filed the
14 oath required in this section. Upon receipt of the written
15 oath from a candidate, the qualifying officer shall provide
16 the candidate with petition forms in sufficient numbers to
17 facilitate the gathering of signatures. If the candidate is
18 running for an office that requires a group or district
19 designation, the petition must indicate that designation or
20 the signatures on such petition will not be counted.
21 (b) A candidate shall obtain the signatures of a
22 number of qualified electors in the geographical entity
23 represented by the office sought equal to 1 percent of the
24 registered electors in the geographical entity represented by
25 the office sought, as shown by the compilation by the
26 Department of State for the last preceding general election.
27 (c) Each petition shall be submitted prior to noon of
28 the 21st day preceding the first day of the qualifying period
29 for the office sought to the supervisor of elections of the
30 county for which the petition was circulated. Each supervisor
31 to whom a petition is submitted shall check the signatures on
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1 the petition to verify their status as electors in the county,
2 district, or other geographical entity represented by the
3 office sought. Before the first day for qualifying, the
4 supervisor shall certify the number shown as registered
5 electors.
6 (d)1. Certifications for candidates for federal,
7 state, or multicounty district office shall be submitted to
8 the Department of State. The Department of State shall
9 determine whether the required number of signatures has been
10 obtained for the name of the candidate to be placed on the
11 ballot and shall notify the candidate.
12 2. For candidates for county or district office not
13 covered by subparagraph 1., the supervisor of elections shall
14 determine whether the required number of signatures has been
15 obtained for the name of the candidate to be placed on the
16 ballot and shall notify the candidate.
17 (e) If the required number of signatures has been
18 obtained, the candidate shall, during the prescribed time for
19 qualifying for office, submit a copy of the notice received
20 under paragraph (d) and file his or her qualifying papers and
21 the oath prescribed by s. 99.021 with the qualifying officer.
22 (4) A minor party candidate whose name has been
23 submitted pursuant to subsection (1) and who has qualified for
24 office is entitled to have his or her name placed on the
25 general election ballot.
26 Section 6. Subsection (1) of section 100.011, Florida
27 Statutes, is amended to read:
28 100.011 Opening and closing of polls, all elections;
29 expenses.--
30 (1) The polls shall be open at the voting places at
31 7:00 a.m., on the day of the election, and shall be kept open
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1 until 7:00 p.m., of the same day, and the time shall be
2 regulated by the customary time in standard use in the county
3 seat of the locality. The inspectors shall make public
4 proclamation of the opening and closing of the polls. During
5 the election and canvass of the votes, the ballot box shall
6 not be concealed. Any elector in line at the official closing
7 shall be allowed to cast a vote in the election.
8 Section 7. Paragraph (b) of subsection (4) of section
9 100.111, Florida Statutes, is amended to read:
10 100.111 Filling vacancy.--
11 (4)
12 (b) If the vacancy in nomination occurs later than
13 September 15, or if the vacancy in nomination occurs with
14 respect to a candidate of a minor political party which has
15 obtained a position on the ballot, no special primary election
16 shall be held and the Department of State shall notify the
17 chair of the appropriate state, district, or county political
18 party executive committee of such party; and, within 7 days,
19 the chair shall call a meeting of his or her executive
20 committee to consider designation of a nominee to fill the
21 vacancy. The name of any person so designated shall be
22 submitted to the Department of State within 14 days of notice
23 to the chair in order that the person designated may have his
24 or her name printed or otherwise placed on the ballot of the
25 ensuing general election, but in no event shall the supervisor
26 of elections be required to place on a ballot a name submitted
27 less than 21 days prior to the election. If the name of the
28 new nominee is submitted after the ballots have been printed
29 or programmed into the machines and the supervisor of
30 elections is not able to reprint or reprogram the ballots or
31 otherwise strike the former nominee's name and insert the new
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1 nominee's name vacancy occurs less than 21 days prior to the
2 election, the person designated by the political party will
3 replace the former party nominee even though the former party
4 nominee's name will be on the ballot. Any ballots cast for
5 the former party nominee will be counted for the person
6 designated by the political party to replace the former party
7 nominee. If there is no opposition to the party nominee, the
8 person designated by the political party to replace the former
9 party nominee will be elected to office at the general
10 election. For purposes of this paragraph, the term "district
11 political party executive committee" means the members of the
12 state executive committee of a political party from those
13 counties comprising the area involving a district office.
14 Section 8. Subsection (1) of section 101.031, Florida
15 Statutes, is amended to read:
16 101.031 Instructions for electors.--
17 (1) The Department of State, or in case of municipal
18 elections the governing body of the municipality, shall print,
19 in large type on cards, instructions for the electors to use
20 in voting. It shall provide not less than two cards for each
21 voting precinct for each election and furnish such cards to
22 each supervisor upon requisition. Each supervisor of
23 elections shall send a sufficient number of these cards to the
24 precincts prior to an election. The election inspectors shall
25 display the cards in the polling places as information for
26 electors. The cards shall contain information about how to
27 vote and such other information as the Department of State may
28 deem necessary. The cards must also include the list of rights
29 and responsibilities afforded to Florida voters, as described
30 in subsection (2).
31
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1 Section 9. Effective January 1, 2006, subsections (2)
2 and (4) of section 101.048, Florida Statutes, are amended to
3 read:
4 101.048 Provisional ballots.--
5 (2)(a) The county canvassing board shall examine each
6 Provisional Ballot Voter's Certificate and Affirmation
7 envelope to determine if the person voting that ballot was
8 entitled to vote at the precinct where the person cast a vote
9 in the election and that the person had not already cast a
10 ballot in the election.
11 (b)1. If it is determined that the person was
12 registered and entitled to vote at the precinct where the
13 person cast a vote in the election, the canvassing board shall
14 compare the signature on the Provisional Ballot Voter's
15 Certificate and Affirmation envelope with the signature on the
16 voter's registration and, if it matches, shall count the
17 ballot.
18 2. If it is determined that the person voting the
19 provisional ballot was not registered or entitled to vote at
20 the precinct where the person cast a vote in the election, the
21 provisional ballot shall not be counted and the ballot shall
22 remain in the envelope containing the Provisional Ballot
23 Voter's Certificate and Affirmation and the envelope shall be
24 marked "Rejected as Illegal."
25 (4) Notwithstanding the requirements of subsections
26 (1) through (3) In counties where the voting system does not
27 utilize a paper ballot, the supervisor of elections may, and
28 for persons with disabilities shall, provide the appropriate
29 provisional ballot to the voter by electronic means that meet
30 the requirements of s. 101.56062 as provided for by the
31 certified voting system. Each person casting a provisional
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1 ballot by electronic means shall, prior to casting his or her
2 ballot, complete the Provisional Ballot Voter's Certificate
3 and Affirmation as provided in subsection (3).
4 Section 10. Effective January 1, 2006, subsection (5)
5 of section 101.049, Florida Statutes, is amended to read:
6 101.049 Provisional ballots; special circumstances.--
7 (5) As an alternative, provisional ballots cast
8 pursuant to this section may, and for persons with
9 disabilities shall, be cast in accordance with the provisions
10 of s. 101.048(4).
11 Section 11. Section 101.131, Florida Statutes, is
12 amended to read:
13 101.131 Watchers at polls.--
14 (1) Each political party and each candidate may have
15 one watcher in each polling room at any one time during the
16 election. A political committee, if formed for the specific
17 purpose of opposing or supporting a named issue on the ballot,
18 may have one watcher for each polling room at any one time
19 during the election. No watcher shall be permitted to come
20 closer to the officials' table or the voting booths than is
21 reasonably necessary to properly perform his or her functions,
22 but each shall be allowed within the polling room to watch and
23 observe the conduct of electors and officials. The watchers
24 shall furnish their own materials and necessities and shall
25 not obstruct the orderly conduct of any election. Each
26 watcher shall be a qualified and registered elector of the
27 county in which he or she serves.
28 (2) Each party, each committee, and each candidate
29 requesting to have poll watchers shall designate, in writing,
30 poll watchers for each polling room precinct prior to noon of
31 the second Tuesday preceding the election. The designation
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1 shall include specific times for each watcher to be in the
2 polling room. The poll watchers for each polling room precinct
3 shall be approved by the supervisor of elections on or before
4 the Tuesday before the election. The supervisor shall furnish
5 to each election board precinct a list of the poll watchers
6 designated and approved for such polling room precinct.
7 (3) A No candidate or sheriff, deputy sheriff, police
8 officer, or other law enforcement officer may not be
9 designated as a poll watcher.
10 Section 12. Subsection (1) of section 101.151, Florida
11 Statutes, is amended to read:
12 101.151 Specifications for ballots.--
13 (1) Marksense Paper ballots shall be printed on paper
14 of such thickness that the printing cannot be distinguished
15 from the back and shall meet the specifications of the voting
16 system that will be used to read the ballots.
17 Section 13. Section 101.171, Florida Statutes, is
18 amended to read:
19 101.171 Copy of constitutional amendment to be
20 posted.--Whenever any amendment to the State Constitution is
21 to be voted upon at any election, the Department of State
22 shall have printed, and shall furnish to each supervisor of
23 elections, a sufficient number of copies of the amendment,
24 either in poster or booklet form, and the supervisor shall
25 have a copy thereof conspicuously posted or available at each
26 precinct upon the day of election.
27 Section 14. Section 101.253, Florida Statutes, is
28 amended to read:
29 101.253 When names not to be printed on ballot.--
30 (1) No candidate's name, which candidate is required
31 to qualify with a supervisor of elections for any primary or
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1 general election, shall be printed on the ballot if such
2 candidate has notified the supervisor of elections in writing,
3 under oath, on or before the 42nd day before the election that
4 the candidate will not accept the nomination or office for
5 which he or she filed qualification papers. The supervisor of
6 elections may, in his or her discretion with the approval of
7 the Department of State, allow such a candidate to withdraw
8 after the 42nd day before an election, upon receipt of written
9 notice, sworn to under oath, that the candidate will not
10 accept the nomination or office for which he or she qualified.
11 (2) No candidate's name, which candidate is required
12 to qualify with the Department of State for any primary or
13 general election, shall be printed on the ballot if such
14 candidate has notified the Department of State in writing,
15 under oath, on or before the 42nd day before the election that
16 the candidate will not accept the nomination or office for
17 which he or she filed qualification papers. The Department of
18 State may in its discretion allow such a candidate to withdraw
19 after the 42nd day before an election upon receipt of a
20 written notice, sworn to under oath, that the candidate will
21 not accept the nomination or office for which he or she
22 qualified.
23 (3) If ballots are printed or programmed into the
24 machines before the death, resignation, removal, or withdrawal
25 of a candidate, the supervisor of elections may:
26 (a) Strike the name of the candidate and, if
27 necessary, insert the name of the new nominee;
28 (b) Reprint or reprogram the ballot; or
29 (c) Provide notice in a newspaper of general
30 circulation in the county, post a notice in each voting booth,
31 and provide an insert with each absentee ballot mailed to a
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1 voter explaining the consequences of a vote for the former
2 candidate. In no case shall the supervisor be required to
3 print on the ballot a name which is submitted less than 21
4 days prior to the election. In the event the ballots are
5 printed 21 days or more prior to the election, the name of any
6 candidate whose death, resignation, removal, or withdrawal
7 created a vacancy in office or nomination shall be stricken
8 from the ballot with a rubber stamp or appropriate printing
9 device, and the name of the new nominee shall be inserted on
10 the ballot in a like manner. The supervisor may, as an
11 alternative, reprint the ballots to include the name of the
12 new nominee.
13 Section 15. Subsections (4) and (5) are added to
14 section 101.294, Florida Statutes, to read:
15 101.294 Purchase and sale of voting equipment.--
16 (4) A vendor of voting equipment may not provide an
17 uncertified voting system, voting system component, or voting
18 system upgrade to a governing body or supervisor of elections
19 in this state.
20 (5) Before or in conjunction with providing a voting
21 system, voting system component, or voting system upgrade, the
22 vendor shall provide the governing body or supervisor of
23 elections with a sworn certification that the voting system,
24 voting system component, or voting system upgrade being
25 provided has been certified by the Division of Elections.
26 Section 16. Section 101.295, Florida Statutes, is
27 amended to read:
28 101.295 Penalties for violation.--
29 (1) Any member of a governing body which purchases or
30 sells voting equipment in violation of the provisions of ss.
31 101.292-101.295, which member knowingly votes to purchase or
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1 sell voting equipment in violation of the provisions of ss.
2 101.292-101.295, is guilty of a misdemeanor of the first
3 degree, punishable as provided by s. 775.082 or s. 775.083,
4 and shall be subject to suspension from office on the grounds
5 of malfeasance.
6 (2) Any vendor, chief executive officer, or vendor
7 representative of voting equipment who provides a voting
8 system, voting system component, or voting system upgrade in
9 violation of this chapter commits a felony of the third
10 degree, punishable as provided in s. 775.082, s. 775.083, or
11 s. 775.084.
12 Section 17. Effective January 1, 2006, subsection (4)
13 of section 101.5606, Florida Statutes, is amended, and
14 subsection (16) is added to that section, to read:
15 101.5606 Requirements for approval of systems.--No
16 electronic or electromechanical voting system shall be
17 approved by the Department of State unless it is so
18 constructed that:
19 (4) For systems using marksense paper ballots, it
20 accepts a rejected ballot pursuant to subsection (3) if a
21 voter chooses to cast the ballot, but records no vote for any
22 office that has been overvoted or undervoted.
23 (16) All electronic voter interface devices are
24 capable of allowing voters to cast both regular and
25 provisional ballots while allowing the elections administrator
26 to preserve the secrecy of voted ballots.
27 Section 18. Subsection (1) of section 101.595, Florida
28 Statutes, is amended to read:
29 101.595 Analysis and reports of voting problems.--
30 (1) No later than December 15 of each general election
31 year, the supervisor of elections in each county shall report
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1 to the Department of State the total number of overvotes and
2 undervotes in either the presidential or the gubernatorial
3 race, whichever is applicable first race appearing on the
4 ballot pursuant to s. 101.151(2), along with the likely
5 reasons for such overvotes and undervotes and other
6 information as may be useful in evaluating the performance of
7 the voting system and identifying problems with ballot design
8 and instructions which may have contributed to voter
9 confusion.
10 Section 19. Subsection (1) of section 101.6103,
11 Florida Statutes, is amended, present subsection (6) of that
12 section is renumbered as subsection (7), and a new subsection
13 (6) is added to that section to read:
14 101.6103 Mail ballot election procedure.--
15 (1) Except as otherwise provided in subsection (7)
16 (6), the supervisor of elections shall mail all official
17 ballots with a secrecy envelope, a return mailing envelope,
18 and instructions sufficient to describe the voting process to
19 each elector entitled to vote in the election not sooner than
20 the 20th day before the election and not later than the 10th
21 day before the date of the election. All such ballots shall
22 be mailed by first-class mail. Ballots shall be addressed to
23 each elector at the address appearing in the registration
24 records and placed in an envelope which is prominently marked
25 "Do Not Forward."
26 (6) The canvassing board may begin the canvassing of
27 mail ballots at 7 a.m. on the fourth day before the election,
28 including processing the ballots through the tabulating
29 equipment. However, results may not be released until after 7
30 p.m. on election day. Any canvassing board member or election
31 employee who releases any result prior 7 p.m. on election day
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1 commits a felony of the third degree, punishable as provided
2 in s. 775.082, s. 775.083, or s. 775.084.
3 Section 20. Section 101.62, Florida Statutes, is
4 amended to read:
5 101.62 Request for absentee ballots.--
6 (1)(a) The supervisor may accept a request for an
7 absentee ballot from an elector in person or in writing.
8 Except as provided in s. 101.694, one request shall be deemed
9 sufficient to receive an absentee ballot for all elections
10 which are held within a calendar year, unless the elector or
11 the elector's designee indicates at the time the request is
12 made the elections for which the elector desires to receive an
13 absentee ballot. Such request may be considered canceled when
14 any first-class mail sent by the supervisor to the elector is
15 returned as undeliverable.
16 (b) The supervisor may accept a written or telephonic
17 request for an absentee ballot from the elector, or, if
18 directly instructed by the elector, a member of the elector's
19 immediate family, or the elector's legal guardian. For
20 purposes of this section, the term "immediate family" has the
21 same meaning as specified in paragraph (3)(b) (4)(b). The
22 person making the request must disclose:
23 1. The name of the elector for whom the ballot is
24 requested;
25 2. The elector's address;
26 3. The elector's date of birth;
27 4. The requester's name;
28 5. The requester's address;
29 6. The requester's driver's license number, if
30 available;
31 7. The requester's relationship to the elector; and
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1 8. The requester's signature (written requests only).
2 (2) If a request for an absentee ballot is received
3 after the Friday before the election by the supervisor of
4 elections from an absent elector overseas, the supervisor
5 shall send a notice to the elector acknowledging receipt of
6 his or her request and notifying the elector that the ballot
7 will not be forwarded due to insufficient time for return of
8 the ballot by the required deadline.
9 (2)(3) For each request for an absentee ballot
10 received, the supervisor shall record the date the request was
11 made, the date the absentee ballot was delivered or mailed,
12 the date the ballot was received by the supervisor, and such
13 other information he or she may deem necessary. This
14 information shall be confidential and exempt from the
15 provisions of s. 119.07(1) and shall be made available to or
16 reproduced only for a canvassing board, an election official,
17 a political party or official thereof, a candidate who has
18 filed qualification papers and is opposed in an upcoming
19 election, and registered political committees or registered
20 committees of continuous existence, for political purposes
21 only.
22 (3)(4)(a) To each absent qualified elector overseas
23 who has requested an absentee ballot, the supervisor of
24 elections shall, not fewer than 35 days before the first
25 primary election, mail an absentee ballot. Not fewer than 45
26 days before the second primary and general election, the
27 supervisor of elections shall mail an absentee ballot. If the
28 regular absentee ballots are not available, the supervisor
29 shall mail an advance absentee ballot to those persons
30 requesting ballots for such elections. The advance absentee
31 ballot for the second primary shall be the same as the first
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1 primary absentee ballot as to the names of candidates, except
2 that for any offices where there are only two candidates,
3 those offices and all political party executive committee
4 offices shall be omitted. Except as provided in s. 99.063(4),
5 the advance absentee ballot for the general election shall be
6 as specified in s. 101.151, except that in the case of
7 candidates of political parties where nominations were not
8 made in the first primary, the names of the candidates placing
9 first and second in the first primary election shall be
10 printed on the advance absentee ballot. The advance absentee
11 ballot or advance absentee ballot information booklet shall be
12 of a different color for each election and also a different
13 color from the absentee ballots for the first primary, second
14 primary, and general election. The supervisor shall mail an
15 advance absentee ballot for the second primary and general
16 election to each qualified absent elector for whom a request
17 is received until the absentee ballots are printed. The
18 supervisor shall enclose with the advance second primary
19 absentee ballot and advance general election absentee ballot
20 an explanation stating that the absentee ballot for the
21 election will be mailed as soon as it is printed; and, if both
22 the advance absentee ballot and the absentee ballot for the
23 election are returned in time to be counted, only the absentee
24 ballot will be counted. The Department of State may prescribe
25 by rule the requirements for preparing and mailing absentee
26 ballots to absent qualified electors overseas.
27 (b) As soon as the remainder of the absentee ballots
28 are printed, the supervisor shall provide an absentee ballot
29 to each elector by whom a request for that ballot has been
30 made by one of the following means:
31
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1 1. By nonforwardable, return-if-undeliverable mail to
2 the elector's current mailing address on file with the
3 supervisor, unless the elector specifies in the request that:
4 a. The elector is absent from the county and does not
5 plan to return before the day of the election;
6 b. The elector is temporarily unable to occupy the
7 residence because of hurricane, tornado, flood, fire, or other
8 emergency or natural disaster; or
9 c. The elector is in a hospital, assisted-living
10 facility, nursing home, short-term medical or rehabilitation
11 facility, or correctional facility,
12
13 in which case the supervisor shall mail the ballot by
14 nonforwardable, return-if-undeliverable mail to any other
15 address the elector specifies in the request.
16 2. By forwardable mail to voters who are entitled to
17 vote by absentee ballot under the Uniformed and Overseas
18 Citizens Absentee Voting Act.
19 3. By personal delivery to the elector, upon
20 presentation of the identification required in s. 101.657.
21 4. By delivery to a designee on election day or up to
22 4 days prior to the day of an election. Any elector may
23 designate in writing a person to pick up the ballot for the
24 elector; however, the person designated may not pick up more
25 than two absentee ballots per election, other than the
26 designee's own ballot, except that additional ballots may be
27 picked up for members of the designee's immediate family. For
28 purposes of this section, "immediate family" means the
29 designee's spouse or the parent, child, grandparent, or
30 sibling of the designee or of the designee's spouse. The
31 designee shall provide to the supervisor the written
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1 authorization by the elector and a picture identification of
2 the designee and must complete an affidavit. The designee
3 shall state in the affidavit that the designee is authorized
4 by the elector to pick up that ballot and shall indicate if
5 the elector is a member of the designee's immediate family
6 and, if so, the relationship. The department shall prescribe
7 the form of the affidavit. If the supervisor is satisfied that
8 the designee is authorized to pick up the ballot and that the
9 signature of the elector on the written authorization matches
10 the signature of the elector on file, the supervisor shall
11 give the ballot to that designee for delivery to the elector.
12 (4)(5) In the event that the Elections Canvassing
13 Commission is unable to certify the results of an election for
14 a state office in time to comply with subsection (4), the
15 Department of State is authorized to prescribe rules for a
16 ballot to be sent to absent electors overseas.
17 (5)(6) Nothing other than the materials necessary to
18 vote absentee shall be mailed or delivered with any absentee
19 ballot.
20 Section 21. Section 101.64, Florida Statutes, is
21 amended to read:
22 101.64 Delivery of absentee ballots; envelopes;
23 form.--
24 (1) The supervisor shall enclose with each absentee
25 ballot two envelopes: a secrecy envelope, into which the
26 absent elector shall enclose his or her marked ballot; and a
27 mailing envelope, into which the absent elector shall then
28 place the secrecy envelope, which shall be addressed to the
29 supervisor and also bear on the back side a certificate in
30 substantially the following form:
31
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1 Note: Please Read Instructions Carefully Before
2 Marking Ballot and Completing Voter's Certificate.
3
4 VOTER'S CERTIFICATE
5 I, ...., do solemnly swear or affirm that I am a
6 qualified and registered voter of .... County, Florida, and
7 that I have not and will not vote more than one ballot in this
8 election. I understand that if I commit or attempt to commit
9 any fraud in connection with voting, vote a fraudulent ballot,
10 or vote more than once in an election, I can be convicted of a
11 felony of the third degree and fined up to $5,000 and/or
12 imprisoned for up to 5 years. I also understand that failure
13 to sign this certificate and have my signature properly
14 witnessed will invalidate my ballot.
15
16 ...(Date)... ...(Voter's Signature)...
17
18 Note: Your Signature Must Be Witnessed By One Witness 18 Years
19 of Age or Older as provided in the Instruction Sheet.
20
21 I swear or affirm that the voter signed this Voter's
22 Certificate in my presence.
23
24 ...(Signature of Witness)...
25
26 ...(Address)...
27 ...(City/State)...
28
29 (2) The certificate shall be arranged on the back of
30 the mailing envelope so that the lines for the signatures of
31 the absent elector and the attesting witness are across the
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1 seal of the envelope; however, no statement shall appear on
2 the envelope which indicates that a signature of the voter or
3 witness must cross the seal of the envelope. The absent
4 elector and the attesting witness shall execute the
5 certificate on the envelope.
6 (3) In lieu of the voter's certificate provided in
7 this section, the supervisor of elections shall provide each
8 person voting absentee under the Uniformed and Overseas
9 Citizens Absentee Voting Act with the standard oath prescribed
10 by the presidential designee. Witness information is not
11 required of these voters.
12 Section 22. Paragraph (c) of subsection (2) of section
13 101.68, Florida Statutes, is amended to read:
14 101.68 Canvassing of absentee ballot.--
15 (2)
16 (c)1. The canvassing board shall, if the supervisor
17 has not already done so, compare the signature of the elector
18 on the voter's certificate with the signature of the elector
19 in the registration books to see that the elector is duly
20 registered in the county and to determine the legality of that
21 absentee ballot. An absentee ballot shall be considered
22 illegal if it does not include the signature of the elector,
23 as shown by the registration records, and, except for voters
24 using the standard oath as required by s. 101.64(3), the
25 signature and address of an attesting witness. However, an
26 absentee ballot shall not be considered illegal if the
27 signature of the elector or attesting witness does not cross
28 the seal of the mailing envelope. If the canvassing board
29 determines that any ballot is illegal, a member of the board
30 shall, without opening the envelope, mark across the face of
31 the envelope: "rejected as illegal." The envelope and the
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1 ballot contained therein shall be preserved in the manner that
2 official ballots voted are preserved.
3 2. If any elector or candidate present believes that
4 an absentee ballot is illegal due to a defect apparent on the
5 voter's certificate, he or she may, at any time before the
6 ballot is removed from the envelope, file with the canvassing
7 board a protest against the canvass of that ballot, specifying
8 the precinct, the ballot, and the reason he or she believes
9 the ballot to be illegal. A challenge based upon a defect in
10 the voter's certificate may not be accepted after the ballot
11 has been removed from the mailing envelope.
12 Section 23. Section 101.6923, Florida Statutes, is
13 amended to read:
14 101.6923 Special absentee ballot instructions for
15 certain first-time voters.--
16 (1) The provisions of this section apply to voters who
17 registered to vote by mail, who have not previously voted in
18 the county, and who have not provided the identification or
19 information required by s. 97.0535 by the time the absentee
20 ballot is mailed.
21 (2) A voter covered by this section shall be provided
22 with the following printed instructions with his or her
23 absentee ballot in substantially the following form:
24
25 READ THESE INSTRUCTIONS CAREFULLY BEFORE
26 MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE
27 INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO
28 COUNT.
29
30 1. In order to ensure that your absentee ballot will
31 be counted, it should be completed and returned as soon as
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1 possible so that it can reach the supervisor of elections of
2 the county in which your precinct is located no later than 7
3 p.m. on the date of the election.
4 2. Mark your ballot in secret as instructed on the
5 ballot. You must mark your own ballot unless you are unable to
6 do so because of blindness, disability, or inability to read
7 or write.
8 3. Mark only the number of candidates or issue choices
9 for a race as indicated on the ballot. If you are allowed to
10 "Vote for One" candidate and you vote for more than one, your
11 vote in that race will not be counted.
12 4. Place your marked ballot in the enclosed secrecy
13 envelope and seal the envelope.
14 5. Insert the secrecy envelope into the enclosed
15 envelope bearing the Voter's Certificate. Seal the envelope
16 and completely fill out the Voter's Certificate on the back of
17 the envelope.
18 a. You must sign your name on the line above (Voter's
19 Signature).
20 b. You must have your signature witnessed. Have the
21 witness sign above (Signature of Witness) and include his or
22 her address. No candidate may serve as an attesting witness.
23 c. If you are an overseas voter, you must include the
24 date you signed the Voter's Certificate on the line above
25 (Date) or your ballot may not be counted.
26 6. Unless you meet one of the exemptions in Item 7.,
27 you must make a copy of one of the following forms of
28 identification:
29 a. Identification which must include your name and
30 photograph: current and valid Florida driver's license;
31 Florida identification card issued by the Department of
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1 Highway Safety and Motor Vehicles; United States passport;
2 employee badge or identification; buyer's club identification
3 card; debit or credit card; military identification; student
4 identification; retirement center identification; neighborhood
5 association identification; entertainment identification; or
6 public assistance identification; or
7 b. Identification which shows your name and current
8 residence address: current utility bill, bank statement,
9 government check, paycheck, or government document (excluding
10 voter identification card).
11 7. The identification requirements of Item 6. do not
12 apply if you meet one of the following requirements:
13 a. You are 65 years of age or older.
14 b. You have a temporary or permanent physical
15 disability.
16 c. You are a member of a uniformed service on active
17 duty who, by reason of such active duty, will be absent from
18 the county on election day.
19 d. You are a member of the Merchant Marine who, by
20 reason of service in the Merchant Marine, will be absent from
21 the county on election day.
22 e. You are the spouse or dependent of a member
23 referred to in paragraph c. or paragraph d. who, by reason of
24 the active duty or service of the member, will be absent from
25 the county on election day.
26 f. You are currently residing outside the United
27 States.
28 8. Place the envelope bearing the Voter's Certificate
29 into the mailing envelope addressed to the supervisor. Insert
30 a copy of your identification in the mailing envelope. DO NOT
31 PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE
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1 BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S
2 CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.
3 9. Mail, deliver, or have delivered the completed
4 mailing envelope. Be sure there is sufficient postage if
5 mailed.
6 10. FELONY NOTICE. It is a felony under Florida law to
7 accept any gift, payment, or gratuity in exchange for your
8 vote for a candidate. It is also a felony under Florida law to
9 vote in an election using a false identity or false address,
10 or under any other circumstances making your ballot false or
11 fraudulent.
12 Section 24. Subsection (3) of section 101.694, Florida
13 Statutes, is amended to read:
14 101.694 Mailing of ballots upon receipt of federal
15 postcard application.--
16 (3) Absentee envelopes printed for overseas voters
17 shall meet the specifications as determined by the Division of
18 Elections in conjunction with the Federal Voting Assistance
19 Program of the United States Department of Defense and the
20 United States Postal Service. There shall be printed across
21 the face of each envelope in which a ballot is sent to a
22 federal postcard applicant, or is returned by such applicant
23 to the supervisor, two parallel horizontal red bars, each
24 one-quarter inch wide, extending from one side of the envelope
25 to the other side, with an intervening space of one-quarter
26 inch, the top bar to be 1 1/4 inches from the top of the
27 envelope, and with the words "Official Election Balloting
28 Material-via Air Mail," or similar language, between the bars.
29 There shall be printed in the upper right corner of each such
30 envelope, in a box, the words "Free of U. S. Postage,
31 including Air Mail." All printing on the face of each
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1 envelope shall be in red, and there shall be printed in red in
2 the upper left corner of each ballot envelope an appropriate
3 inscription or blanks for return address of sender.
4 Additional specifications may be prescribed by r |
