Bill Text: FL S0090 | 2021 | Regular Session | Enrolled


Bill Title: Elections

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Passed) 2021-05-06 - Chapter No. 2021-11 [S0090 Detail]

Download: Florida-2021-S0090-Enrolled.html
       ENROLLED
       2021 Legislature       CS for CS for CS for SB 90, 2nd Engrossed
       
       
       
       
       
       
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    1  
    2         An act relating to elections; creating s. 97.029,
    3         F.S.; prohibiting certain persons from settling
    4         certain actions, consenting to conditions, or agreeing
    5         to certain orders in certain circumstances; requiring
    6         certain persons to make certain legal challenges and
    7         move to dismiss or otherwise terminate a court’s
    8         jurisdiction in certain circumstances; creating s.
    9         97.0291, F.S.; prohibiting certain agencies and state
   10         and local officials from soliciting, accepting, or
   11         otherwise using private funds for election-related
   12         expenses; providing for construction; amending s.
   13         97.052, F.S.; revising requirements for the uniform
   14         statewide voter registration application; amending s.
   15         97.0525, F.S.; requiring the Division of Elections to
   16         maintain a website for the online voter registration
   17         system; providing additional requirements for a
   18         biennial comprehensive risk assessment of the online
   19         voter registration system; amending s. 97.053, F.S.;
   20         revising requirements governing the acceptance of
   21         voter registration applications; amending s. 97.057,
   22         F.S.; requiring the Department of Highway Safety and
   23         Motor Vehicles to assist the Department of State in
   24         identifying certain residence address changes;
   25         requiring the Department of State to report such
   26         changes to supervisors of elections; amending s.
   27         97.0575, F.S.; revising requirements governing third
   28         party voter registration organizations; providing
   29         applicability; revising circumstances under which a
   30         third-party voter registration organization is subject
   31         to fines for violations regarding the delivery of
   32         voter registration applications; revising requirements
   33         for division rules governing third-party voter
   34         registration organizations; amending s. 97.0585, F.S.;
   35         deleting an exemption from public records requirements
   36         for information related to a voter registration
   37         applicant’s or voter’s prior felony conviction and his
   38         or her restoration of voting rights to conform to
   39         changes made by the act; amending s. 97.1031, F.S.;
   40         revising information that an elector must provide to a
   41         supervisor of elections when the elector changes his
   42         or her residence address, party affiliation, or name;
   43         amending s. 98.0981, F.S.; providing that certain
   44         ballot types or precinct subtotals may not be reported
   45         in precinct-level election results; requiring
   46         supervisors of elections to make certain data
   47         available on their websites and transmit such data to
   48         the division; requiring the division to create and
   49         maintain a certain dashboard; amending s. 99.012,
   50         F.S.; removing provisions relating to the method of
   51         filling a vacancy created by an officer’s resignation
   52         to qualify as a candidate for another public office;
   53         amending s. 99.021, F.S.; revising the oath for
   54         candidates seeking to qualify for nomination as a
   55         candidate of a political party; requiring a person
   56         seeking to qualify for office as a candidate with no
   57         party affiliation to subscribe to an oath or
   58         affirmation that he or she is registered without party
   59         affiliation and has not been a registered member of a
   60         political party for a specified timeframe; amending
   61         ss. 99.061 and 99.063, F.S.; conforming provisions to
   62         changes made by the act; amending s. 100.111, F.S.;
   63         revising the method of filling a vacancy in nomination
   64         for a political party; amending s. 101.051, F.S.;
   65         prohibiting certain solicitation of voters at drop box
   66         locations; increasing the no-solicitation zone
   67         surrounding a drop box location or the entrance of a
   68         polling place or an early voting site wherein certain
   69         activities are prohibited; conforming a provision;
   70         amending s. 101.131, F.S.; revising requirements for
   71         poll watcher identification badges; amending s.
   72         101.545, F.S.; requiring ballots, forms, and election
   73         materials to be retained for a specified minimum
   74         timeframe following an election; amending s. 101.5605,
   75         F.S.; revising the timeframe within which the
   76         Department of State must approve or disapprove a
   77         voting system submitted for certification; amending s.
   78         101.5614, F.S.; revising requirements for making true
   79         duplicate copies of vote-by-mail ballots under certain
   80         circumstances; requiring that an observer of the
   81         duplication of ballots be provided certain allowances;
   82         requiring that the duplication process take place in
   83         the presence of a canvassing board member; requiring a
   84         canvassing board to make certain determinations;
   85         amending s. 101.572, F.S.; requiring that voter
   86         certificates be open for public inspection; providing
   87         certain persons with reasonable access to ballot
   88         materials; requiring a supervisor to publish notice of
   89         such access; amending s. 101.591, F.S.; revising the
   90         timeframe and requirements for the voting systems
   91         audit report submitted to the department; amending s.
   92         101.595, F.S.; requiring a specified report regarding
   93         overvotes and undervotes to be submitted with the
   94         voting systems audit report; revising the date by
   95         which the department must submit the report to the
   96         Governor and Legislature; amending s. 101.62, F.S.;
   97         limiting the duration of requests for vote-by-mail
   98         ballots to all elections through the end of the
   99         calendar year of the next regularly scheduled general
  100         election; requiring certain vote-by-mail ballot
  101         requests to include additional identifying information
  102         regarding the requesting elector; requiring
  103         supervisors of elections to record whether a voter’s
  104         certificate on a vote-by-mail ballot has a mismatched
  105         signature; revising the definition of the term
  106         “immediate family” to conform to changes made by the
  107         act; prohibiting counties, municipalities, and state
  108         agencies from sending vote-by-mail ballots to voters
  109         absent a request; specifying applicability of the act
  110         to outstanding vote-by-mail ballot requests; amending
  111         s. 101.64, F.S.; revising requirements for vote-by
  112         mail ballot mailing envelopes and secrecy envelopes;
  113         amending s. 101.68, F.S.; specifying that the
  114         supervisor may not use any knowledge of a voter’s
  115         party affiliation during the signature comparison
  116         process; authorizing the canvassing of vote-by-mail
  117         ballots upon the completion of the public preelection
  118         testing of automatic tabulating equipment; revising
  119         duties of the canvassing board with respect to
  120         protests; amending s. 101.69, F.S.; revising
  121         requirements governing the placement and supervision
  122         of secure drop boxes for the return of vote-by-mail
  123         ballots; requiring the supervisor to designate drop
  124         box locations in advance of an election; prohibiting
  125         changes in drop box locations for an election after
  126         their initial designation; specifying requirements
  127         regarding the retrieval of vote-by-mail ballots
  128         returned in a drop box; providing that the supervisor
  129         is subject to a civil penalty for certain violations
  130         regarding drop boxes; amending s. 102.031, F.S.;
  131         prohibiting certain solicitation activities within a
  132         specified area surrounding a drop box; expanding the
  133         definition of “solicit” and “solicitation”; providing
  134         for construction; restricting certain persons from
  135         prohibiting the solicitation of voters by a candidate
  136         or a candidate’s designee outside of the no
  137         solicitation zone; creating s. 102.072, F.S.;
  138         requiring the supervisor of elections to post and
  139         update on his or her website vote-by-mail ballot data
  140         at specified intervals; amending s. 102.141, F.S.;
  141         requiring the names of canvassing board members be
  142         published on the supervisor’s website before the
  143         tabulation of any vote-by-mail ballots in an election;
  144         authorizing each political party and candidate to have
  145         one watcher at canvassing board meetings within a
  146         distance that allows him or her to directly observe
  147         proceedings; requiring additional information be
  148         included in public notices of canvassing board
  149         meetings; amending s. 104.0616, F.S.; revising the
  150         definition of “immediate family”; prohibiting any
  151         person from distributing, ordering, requesting,
  152         collecting, delivering, or otherwise physically
  153         possessing more than two vote-by-mail ballots of other
  154         electors per election, not including immediate family
  155         members; providing exceptions; providing a penalty;
  156         providing an effective date.
  157          
  158  Be It Enacted by the Legislature of the State of Florida:
  159  
  160         Section 1. Section 97.029, Florida Statutes, is created to
  161  read:
  162         97.029Civil actions challenging the validity of election
  163  laws.—
  164         (1)In a civil action challenging the validity of a
  165  provision of the Florida Election Code in which a state or
  166  county agency or officer is a party in state or federal court,
  167  the officer, agent, official, or attorney who represents or is
  168  acting on behalf of such agency or officer may not settle such
  169  action, consent to any condition, or agree to any order in
  170  connection therewith if the settlement, condition, or order
  171  nullifies, suspends, or is in conflict with any provision of the
  172  Florida Election Code, unless:
  173         (a)At the time settlement negotiations have begun in
  174  earnest, written notification is given to the President of the
  175  Senate, the Speaker of the House of Representatives, and the
  176  Attorney General.
  177         (b)Any proposed settlement, consent decree, or order that
  178  is proposed or received and would nullify, suspend, or conflict
  179  with any provision of the Florida Election Code is promptly
  180  reported in writing to the President of the Senate, the Speaker
  181  of the House of Representatives, and the Attorney General.
  182         (c)At least 10 days before the date a settlement or
  183  presettlement agreement or order is to be made final, written
  184  notification is given to the President of the Senate, the
  185  Speaker of the House of Representatives, and the Attorney
  186  General.
  187         (2)If any notification required by this section is
  188  precluded by federal law, federal regulation, court order, or
  189  court rule, the officer, agent, official, or attorney
  190  representing such agency or officer, or the Attorney General,
  191  shall challenge the constitutionality of such preclusion in the
  192  civil suit affected and give prompt notice thereof to the
  193  President of the Senate, the Speaker of the House of
  194  Representatives, and the Attorney General.
  195         (3)If, after a court has entered an order or judgment that
  196  nullifies or suspends, or orders or justifies official action
  197  that is in conflict with, a provision of the Florida Election
  198  Code, the Legislature amends the general law to remove the
  199  invalidity or unenforceability, the officer, agent, official, or
  200  attorney who represents or is acting on behalf of the agency or
  201  officer bound by such order or judgment must promptly after such
  202  amendment of the general law move to dismiss or otherwise
  203  terminate any ongoing jurisdiction of such case.
  204         Section 2. Section 97.0291, Florida Statutes, is created to
  205  read:
  206         97.0291 Prohibition on use of private funds for election
  207  related expenses.—No agency or state or local official
  208  responsible for conducting elections, including, but not limited
  209  to, a supervisor of elections, may solicit, accept, use, or
  210  dispose of any donation in the form of money, grants, property,
  211  or personal services from an individual or a nongovernmental
  212  entity for the purpose of funding election-related expenses or
  213  voter education, voter outreach, or registration programs. This
  214  section does not prohibit the donation and acceptance of space
  215  to be used for a polling room or an early voting site.
  216         Section 3. Paragraph (t) of subsection (2) of section
  217  97.052, Florida Statutes, is amended to read:
  218         97.052 Uniform statewide voter registration application.—
  219         (2) The uniform statewide voter registration application
  220  must be designed to elicit the following information from the
  221  applicant:
  222         (t)1. Whether the applicant has never been convicted of a
  223  felony and, if convicted, has had his or her voting rights
  224  restored by including the statement “I affirm that I am not a
  225  convicted felon or, if I am, my right to vote has been restored
  226  I have never been convicted of a felony.” and providing a box
  227  for the applicant to check to affirm the statement.
  228         2.Whether the applicant has been convicted of a felony,
  229  and if convicted, has had his or her civil rights restored
  230  through executive clemency, by including the statement “If I
  231  have been convicted of a felony, I affirm my voting rights have
  232  been restored by the Board of Executive Clemency.” and providing
  233  a box for the applicant to check to affirm the statement.
  234         3.Whether the applicant has been convicted of a felony
  235  and, if convicted, has had his or her voting rights restored
  236  pursuant s. 4, Art. VI of the State Constitution, by including
  237  the statement “If I have been convicted of a felony, I affirm my
  238  voting rights have been restored pursuant to s. 4, Art. VI of
  239  the State Constitution upon the completion of all terms of my
  240  sentence, including parole or probation.” and providing a box
  241  for the applicant to check to affirm the statement.
  242         Section 4. Subsections (1) and (2) and paragraph (b) of
  243  subsection (3) of section 97.0525, Florida Statutes, are amended
  244  to read:
  245         97.0525 Online voter registration.—
  246         (1) Beginning October 1, 2017, An applicant may submit an
  247  online voter registration application using the procedures set
  248  forth in this section.
  249         (2) The division shall establish and maintain a secure
  250  Internet website that safeguards an applicant’s information to
  251  ensure data integrity and permits an applicant to:
  252         (a) Submit a voter registration application, including
  253  first-time voter registration applications and updates to
  254  current voter registration records.
  255         (b) Submit information necessary to establish an
  256  applicant’s eligibility to vote, pursuant to s. 97.041, which
  257  includes the information required for the uniform statewide
  258  voter registration application pursuant to s. 97.052(2).
  259         (c) Swear to the oath required pursuant to s. 97.051.
  260         (3)
  261         (b) The division shall conduct a comprehensive risk
  262  assessment of the online voter registration system before making
  263  the system publicly available and every 2 years thereafter. The
  264  comprehensive risk assessment must comply with the risk
  265  assessment methodology developed by the Department of Management
  266  Services for identifying security risks, determining the
  267  magnitude of such risks, and identifying areas that require
  268  safeguards. In addition, the comprehensive risk assessment must
  269  incorporate all of the following:
  270         1.Load testing and stress testing to ensure that the
  271  online voter registration system has sufficient capacity to
  272  accommodate foreseeable use, including during periods of high
  273  volume of website users in the week immediately preceding the
  274  book-closing deadline for an election.
  275         2.Screening of computers and networks used to support the
  276  online voter registration system for malware and other
  277  vulnerabilities.
  278         3.Evaluation of database infrastructure, including
  279  software and operating systems, in order to fortify defenses
  280  against cyberattacks.
  281         4.Identification of any anticipated threats to the
  282  security and integrity of data collected, maintained, received,
  283  or transmitted by the online voter registration system.
  284         Section 5. Paragraph (a) of subsection (5) and subsection
  285  (6) of section 97.053, Florida Statutes, are amended to read:
  286         97.053 Acceptance of voter registration applications.—
  287         (5)(a) A voter registration application is complete if it
  288  contains the following information necessary to establish the
  289  applicant’s eligibility pursuant to s. 97.041, including:
  290         1. The applicant’s name.
  291         2. The applicant’s address of legal residence, including a
  292  distinguishing apartment, suite, lot, room, or dormitory room
  293  number or other identifier, if appropriate. Failure to include a
  294  distinguishing apartment, suite, lot, room, or dormitory room or
  295  other identifier on a voter registration application does not
  296  impact a voter’s eligibility to register to vote or cast a
  297  ballot, and such an omission may not serve as the basis for a
  298  challenge to a voter’s eligibility or reason to not count a
  299  ballot.
  300         3. The applicant’s date of birth.
  301         4. A mark in the checkbox affirming that the applicant is a
  302  citizen of the United States.
  303         5.a. The applicant’s current and valid Florida driver
  304  license number or the identification number from a Florida
  305  identification card issued under s. 322.051, or
  306         b. If the applicant has not been issued a current and valid
  307  Florida driver license or a Florida identification card, the
  308  last four digits of the applicant’s social security number.
  309  
  310  In case an applicant has not been issued a current and valid
  311  Florida driver license, Florida identification card, or social
  312  security number, the applicant shall affirm this fact in the
  313  manner prescribed in the uniform statewide voter registration
  314  application.
  315         6. A mark in the applicable checkbox affirming that the
  316  applicant has not been convicted of a felony or that, if
  317  convicted, has had his or her civil rights restored through
  318  executive clemency, or has had his or her voting rights restored
  319  pursuant to s. 4, Art. VI of the State Constitution.
  320         7. A mark in the checkbox affirming that the applicant has
  321  not been adjudicated mentally incapacitated with respect to
  322  voting or that, if so adjudicated, has had his or her right to
  323  vote restored.
  324         8. The original signature or a digital signature
  325  transmitted by the Department of Highway Safety and Motor
  326  Vehicles of the applicant swearing or affirming under the
  327  penalty for false swearing pursuant to s. 104.011 that the
  328  information contained in the registration application is true
  329  and subscribing to the oath required by s. 3, Art. VI of the
  330  State Constitution and s. 97.051.
  331         (6) A voter registration application, including an
  332  application with a change in name, address, or party
  333  affiliation, may be accepted as valid only after the department
  334  has verified the authenticity or nonexistence of the driver
  335  license number, the Florida identification card number, or the
  336  last four digits of the social security number provided by the
  337  applicant. If a completed voter registration application has
  338  been received by the book-closing deadline but the driver
  339  license number, the Florida identification card number, or the
  340  last four digits of the social security number provided by the
  341  applicant cannot be verified, the applicant shall be notified
  342  that the number cannot be verified and that the applicant must
  343  provide evidence to the supervisor sufficient to verify the
  344  authenticity of the applicant’s driver license number, Florida
  345  identification card number, or last four digits of the social
  346  security number. If the applicant provides the necessary
  347  evidence, the supervisor shall place the applicant’s name on the
  348  registration rolls as an active voter. If the applicant has not
  349  provided the necessary evidence or the number has not otherwise
  350  been verified prior to the applicant presenting himself or
  351  herself to vote, the applicant shall be provided a provisional
  352  ballot. The provisional ballot shall be counted only if the
  353  number is verified by the end of the canvassing period or if the
  354  applicant presents evidence to the supervisor of elections
  355  sufficient to verify the authenticity of the applicant’s driver
  356  license number, Florida identification card number, or last four
  357  digits of the social security number no later than 5 p.m. of the
  358  second day following the election.
  359         Section 6. Subsection (13) is added to section 97.057,
  360  Florida Statutes, to read:
  361         97.057 Voter registration by the Department of Highway
  362  Safety and Motor Vehicles.—
  363         (13)The Department of Highway Safety and Motor Vehicles
  364  must assist the Department of State in regularly identifying
  365  changes in residence address on the driver license or
  366  identification card of a voter. The Department of State must
  367  report each such change to the appropriate supervisor of
  368  elections who must change the voter’s registration records in
  369  accordance with s. 98.065(4).
  370         Section 7. Paragraphs (c) and (d) of subsection (1),
  371  paragraph (a) of subsection (3), and subsection (5) of section
  372  97.0575, Florida Statutes, are amended to read:
  373         97.0575 Third-party voter registrations.—
  374         (1) Before engaging in any voter registration activities, a
  375  third-party voter registration organization must register and
  376  provide to the division, in an electronic format, the following
  377  information:
  378         (c) The names, permanent addresses, and temporary
  379  addresses, if any, of each registration agent registering
  380  persons to vote in this state on behalf of the organization.
  381  This paragraph does not apply to persons who only solicit
  382  applications and do not collect or handle voter registration
  383  applications.
  384         (d)A sworn statement from each registration agent employed
  385  by or volunteering for the organization stating that the agent
  386  will obey all state laws and rules regarding the registration of
  387  voters. Such statement must be on a form containing notice of
  388  applicable penalties for false registration.
  389         (3)(a) A third-party voter registration organization that
  390  collects voter registration applications serves as a fiduciary
  391  to the applicant, ensuring that any voter registration
  392  application entrusted to the organization, irrespective of party
  393  affiliation, race, ethnicity, or gender, must shall be promptly
  394  delivered to the division or the supervisor of elections in the
  395  county in which the applicant resides within 14 days after
  396  completed by the applicant, but not after registration closes
  397  for the next ensuing election. A third-party voter registration
  398  organization must notify the applicant at the time the
  399  application is collected that the organization might not deliver
  400  the application to the division or the supervisor of elections
  401  in the county in which the applicant resides in less than 14
  402  days or before registration closes for the next ensuing election
  403  and must advise the applicant that he or she may deliver the
  404  application in person or by mail. The third-party voter
  405  registration organization must also inform the applicant how to
  406  register online with the division and how to determine whether
  407  the application has been delivered 48 hours after the applicant
  408  completes it or the next business day if the appropriate office
  409  is closed for that 48-hour period. If a voter registration
  410  application collected by any third-party voter registration
  411  organization is not promptly delivered to the division or
  412  supervisor of elections in the county in which the applicant
  413  resides, the third-party voter registration organization is
  414  liable for the following fines:
  415         1. A fine in the amount of $50 for each application
  416  received by the division or the supervisor of elections in the
  417  county in which the applicant resides more than 14 days 48 hours
  418  after the applicant delivered the completed voter registration
  419  application to the third-party voter registration organization
  420  or any person, entity, or agent acting on its behalf or the next
  421  business day, if the office is closed. A fine in the amount of
  422  $250 for each application received if the third-party voter
  423  registration organization or person, entity, or agency acting on
  424  its behalf acted willfully.
  425         2. A fine in the amount of $100 for each application
  426  collected by a third-party voter registration organization or
  427  any person, entity, or agent acting on its behalf, before book
  428  closing for any given election for federal or state office and
  429  received by the division or the supervisor of elections in the
  430  county in which the applicant resides after the book-closing
  431  deadline for such election. A fine in the amount of $500 for
  432  each application received if the third-party registration
  433  organization or person, entity, or agency acting on its behalf
  434  acted willfully.
  435         3. A fine in the amount of $500 for each application
  436  collected by a third-party voter registration organization or
  437  any person, entity, or agent acting on its behalf, which is not
  438  submitted to the division or supervisor of elections in the
  439  county in which the applicant resides. A fine in the amount of
  440  $1,000 for any application not submitted if the third-party
  441  voter registration organization or person, entity, or agency
  442  acting on its behalf acted willfully.
  443  
  444  The aggregate fine pursuant to this paragraph which may be
  445  assessed against a third-party voter registration organization,
  446  including affiliate organizations, for violations committed in a
  447  calendar year is $1,000.
  448         (5) The division shall adopt by rule a form to elicit
  449  specific information concerning the facts and circumstances from
  450  a person who claims to have been registered to vote by a third
  451  party voter registration organization but who does not appear as
  452  an active voter on the voter registration rolls. The division
  453  shall also adopt rules to ensure the integrity of the
  454  registration process, including controls to ensure that all
  455  completed forms are promptly delivered to the division or a
  456  supervisor in the county in which the applicant resides rules
  457  requiring third-party voter registration organizations to
  458  account for all state and federal registration forms used by
  459  their registration agents. Such rules may require an
  460  organization to provide organization and form specific
  461  identification information on each form as determined by the
  462  department as needed to assist in the accounting of state and
  463  federal registration forms.
  464         Section 8. Paragraphs (d), (e), and (f) of subsection (1)
  465  of section 97.0585, Florida Statutes, are amended to read:
  466         97.0585 Public records exemption; information regarding
  467  voters and voter registration; confidentiality.—
  468         (1) The following information held by an agency, as defined
  469  in s. 119.011, and obtained for the purpose of voter
  470  registration is confidential and exempt from s. 119.07(1) and s.
  471  24(a), Art. I of the State Constitution and may be used only for
  472  purposes of voter registration:
  473         (d) Information related to a voter registration applicant’s
  474  or voter’s prior felony conviction and whether such person has
  475  had his or her voting rights restored by the Board of Executive
  476  Clemency or pursuant to s. 4, Art. VI of the State Constitution.
  477         (e) All information concerning preregistered voter
  478  registration applicants who are 16 or 17 years of age. This
  479  paragraph is
  480         (f)Paragraphs (d) and (e) are subject to the Open
  481  Government Sunset Review Act in accordance with s. 119.15 and
  482  shall stand repealed on October 2, 2024, unless reviewed and
  483  saved from repeal through reenactment by the Legislature.
  484         Section 9. Section 97.1031, Florida Statutes, is amended to
  485  read:
  486         97.1031 Notice of change of residence, change of name, or
  487  change of party affiliation.—
  488         (1)(a) When an elector changes his or her residence
  489  address, the elector must notify the supervisor of elections.
  490  Except as provided in paragraph (b), an address change must be
  491  submitted using a voter registration application.
  492         (b) If the address change is within the state and notice is
  493  provided to the supervisor of elections of the county where the
  494  elector has moved, the elector may do so by:
  495         1. Contacting the supervisor of elections via telephone or
  496  electronic means, in which case the elector must provide his or
  497  her date of birth and the last four digits of his or her social
  498  security number, his or her Florida driver license number, or
  499  his or her Florida identification card number, whichever may be
  500  verified in the supervisor’s records; or
  501         2. Submitting the change on a voter registration
  502  application or other signed written notice.
  503         (2) When an elector seeks to change party affiliation, the
  504  elector shall notify his or her supervisor of elections or other
  505  voter registration official by submitting a voter registration
  506  application using a signed written notice that contains the
  507  elector’s date of birth or voter registration number. When an
  508  elector changes his or her name by marriage or other legal
  509  process, the elector shall notify his or her supervisor of
  510  elections or other voter registration official by submitting a
  511  voter registration application using a signed written notice
  512  that contains the elector’s date of birth or voter’s
  513  registration number.
  514         (3) The voter registration official shall make the
  515  necessary changes in the elector’s records as soon as practical
  516  upon receipt of such notice of a change of address of legal
  517  residence, name, or party affiliation. The supervisor of
  518  elections shall issue the new voter information card.
  519         Section 10. Present subsections (4) and (5) of section
  520  98.0981, Florida Statutes, are redesignated as subsections (5)
  521  and (6), respectively, a new subsection (4) is added to that
  522  section, and paragraph (a) of subsection (2) of that section is
  523  amended, to read:
  524         98.0981 Reports; voting history; statewide voter
  525  registration system information; precinct-level election
  526  results; book closing statistics; live turnout data.—
  527         (2) PRECINCT-LEVEL ELECTION RESULTS.—
  528         (a) Within 30 days after certification by the Elections
  529  Canvassing Commission of a presidential preference primary
  530  election, special election, primary election, or general
  531  election, the supervisors of elections shall collect and submit
  532  to the department precinct-level election results for the
  533  election in a uniform electronic format specified by paragraph
  534  (c). The precinct-level election results shall be compiled
  535  separately for the primary or special primary election that
  536  preceded the general or special general election, respectively.
  537  The results shall specifically include for each precinct the
  538  total of all ballots cast for each candidate or nominee to fill
  539  a national, state, county, or district office or proposed
  540  constitutional amendment, with subtotals for each candidate and
  541  ballot type. However, ballot type or precinct subtotals in a
  542  race or question having fewer than 30 voters voting on the
  543  ballot type or in the precinct may not be reported in precinct
  544  results, unless fewer than 30 voters voted a ballot type. “All
  545  ballots cast” means ballots cast by voters who cast a ballot
  546  whether at a precinct location, by vote-by-mail ballot including
  547  overseas vote-by-mail ballots, during the early voting period,
  548  or by provisional ballot.
  549         (4) LIVE TURNOUT DATA.—On election day, each supervisor of
  550  elections shall make live voter turnout data, updated at least
  551  once per hour, available on his or her website. Each supervisor
  552  shall transmit the live voter turnout data to the division,
  553  which must create and maintain a real-time statewide turnout
  554  dashboard that is available for viewing by the public on the
  555  division’s website as the data becomes available.
  556         Section 11. Paragraph (f) of subsection (3) and paragraph
  557  (g) of subsection (4) of section 99.012, Florida Statutes, are
  558  amended to read:
  559         99.012 Restrictions on individuals qualifying for public
  560  office.—
  561         (3)
  562         (f)1. With regard to an elective office, the resignation
  563  creates a vacancy in office to be filled by election. Persons
  564  may qualify as candidates for nomination and election as if the
  565  public officer’s term were otherwise scheduled to expire.
  566         2. With regard to an elective charter county office or
  567  elective municipal office, the vacancy created by the officer’s
  568  resignation may be filled for that portion of the officer’s
  569  unexpired term in a manner provided by the respective charter.
  570  The office is deemed vacant upon the effective date of the
  571  resignation submitted by the official in his or her letter of
  572  resignation.
  573         (4)
  574         (g) Notwithstanding the provisions of any special act to
  575  the contrary, with regard to an elective office, the resignation
  576  creates a vacancy in office to be filled by election, thereby
  577  authorizing persons to qualify as candidates for nomination and
  578  election as if the officer’s term were otherwise scheduled to
  579  expire. With regard to an elective charter county office or
  580  elective municipal office, the vacancy created by the officer’s
  581  resignation may be filled for that portion of the officer’s
  582  unexpired term in a manner provided by the respective charter.
  583  The office is deemed vacant upon the effective date of the
  584  resignation submitted by the official in his or her letter of
  585  resignation.
  586         Section 12. Present paragraph (c) of subsection (1) of
  587  section 99.021, Florida Statutes, is redesignated as paragraph
  588  (d), a new paragraph (c) is added to that subsection, and
  589  paragraph (b) of that subsection is amended, to read:
  590         99.021 Form of candidate oath.—
  591         (1)
  592         (b) In addition, any person seeking to qualify for
  593  nomination as a candidate of any political party shall, at the
  594  time of subscribing to the oath or affirmation, state in
  595  writing:
  596         1. The party of which the person is a member.
  597         2. That the person has not been a registered member of the
  598  any other political party for which he or she is seeking
  599  nomination as a candidate for 365 days before the beginning of
  600  qualifying preceding the general election for which the person
  601  seeks to qualify.
  602         3. That the person has paid the assessment levied against
  603  him or her, if any, as a candidate for said office by the
  604  executive committee of the party of which he or she is a member.
  605         (c) In addition, any person seeking to qualify for office
  606  as a candidate with no party affiliation shall, at the time of
  607  subscribing to the oath or affirmation, state in writing that he
  608  or she is registered without any party affiliation and that he
  609  or she has not been a registered member of any political party
  610  for 365 days before the beginning of qualifying preceding the
  611  general election for which the person seeks to qualify.
  612         Section 13. Paragraph (a) of subsection (7) of section
  613  99.061, Florida Statutes, is amended to read:
  614         99.061 Method of qualifying for nomination or election to
  615  federal, state, county, or district office.—
  616         (7)(a) In order for a candidate to be qualified, the
  617  following items must be received by the filing officer by the
  618  end of the qualifying period:
  619         1. A properly executed check drawn upon the candidate’s
  620  campaign account payable to the person or entity as prescribed
  621  by the filing officer in an amount not less than the fee
  622  required by s. 99.092, unless the candidate obtained the
  623  required number of signatures on petitions pursuant to s.
  624  99.095. The filing fee for a special district candidate is not
  625  required to be drawn upon the candidate’s campaign account. If a
  626  candidate’s check is returned by the bank for any reason, the
  627  filing officer shall immediately notify the candidate and the
  628  candidate shall have until the end of qualifying to pay the fee
  629  with a cashier’s check purchased from funds of the campaign
  630  account. Failure to pay the fee as provided in this subparagraph
  631  shall disqualify the candidate.
  632         2. The candidate’s oath required by s. 99.021, which must
  633  contain the name of the candidate as it is to appear on the
  634  ballot; the office sought, including the district or group
  635  number if applicable; and the signature of the candidate, which
  636  must be verified under oath or affirmation pursuant to s.
  637  92.525(1)(a).
  638         3. If the office sought is partisan, the written statement
  639  of political party affiliation required by s. 99.021(1)(b); or
  640  if the candidate is running without party affiliation for a
  641  partisan office, the written statement required by s.
  642  99.021(1)(c).
  643         4. The completed form for the appointment of campaign
  644  treasurer and designation of campaign depository, as required by
  645  s. 106.021.
  646         5. The full and public disclosure or statement of financial
  647  interests required by subsection (5). A public officer who has
  648  filed the full and public disclosure or statement of financial
  649  interests with the Commission on Ethics or the supervisor of
  650  elections prior to qualifying for office may file a copy of that
  651  disclosure at the time of qualifying.
  652         Section 14. Paragraph (b) of subsection (2) of section
  653  99.063, Florida Statutes, is amended to read:
  654         99.063 Candidates for Governor and Lieutenant Governor.—
  655         (2) No later than 5 p.m. of the 9th day following the
  656  primary election, each designated candidate for Lieutenant
  657  Governor shall file with the Department of State:
  658         (b) If the office sought is partisan, the written statement
  659  of political party affiliation required by s. 99.021(1)(b); or
  660  if the office sought is without party affiliation, the written
  661  statement required by s. 99.021(1)(c).
  662         Section 15. Paragraph (a) of subsection (3) of section
  663  100.111, Florida Statutes, is amended to read:
  664         100.111 Filling vacancy.—
  665         (3)(a) In the event that death, resignation, withdrawal, or
  666  removal should cause a party to have a vacancy in nomination
  667  which leaves no candidate for an office from such party, the
  668  filing officer before whom the candidate qualified shall notify
  669  the chair of the state and county political party executive
  670  committee of such party and:
  671         1. If the vacancy in nomination is for a statewide office,
  672  the state party chair shall, within 5 days, call a meeting of
  673  his or her executive board to consider designation of a nominee
  674  to fill the vacancy.
  675         2. If the vacancy in nomination is for the office of United
  676  States Representative, state senator, state representative,
  677  state attorney, or public defender, the state party chair shall
  678  notify the appropriate county chair or chairs and, within 5
  679  days, the appropriate county chair or chairs shall call a
  680  meeting of the state executive committee members residing
  681  members of the executive committee in the affected county or
  682  counties to consider designation of a nominee to fill the
  683  vacancy.
  684         3. If the vacancy in nomination is for a county office, the
  685  state party chair shall notify the appropriate county chair and,
  686  within 5 days, the appropriate county chair shall call a meeting
  687  of his or her executive committee to consider designation of a
  688  nominee to fill the vacancy.
  689  
  690  The name of any person so designated shall be submitted to the
  691  filing officer before whom the candidate qualified within 7 days
  692  after notice to the chair in order that the person designated
  693  may have his or her name on the ballot of the ensuing general
  694  election. If the name of the new nominee is submitted after the
  695  certification of results of the preceding primary election,
  696  however, the ballots shall not be changed and the former party
  697  nominee’s name will appear on the ballot. Any ballots cast for
  698  the former party nominee will be counted for the person
  699  designated by the political party to replace the former party
  700  nominee. If there is no opposition to the party nominee, the
  701  person designated by the political party to replace the former
  702  party nominee will be elected to office at the general election.
  703         Section 16. Subsections (2) and (5) of section 101.051,
  704  Florida Statutes, are amended to read:
  705         101.051 Electors seeking assistance in casting ballots;
  706  oath to be executed; forms to be furnished.—
  707         (2) It is unlawful for any person to be in the voting booth
  708  with any elector except as provided in subsection (1). A person
  709  at a polling place, a drop box location, or an early voting
  710  site, or within 150 100 feet of a drop box location or the
  711  entrance of a polling place or an early voting site, may not
  712  solicit any elector in an effort to provide assistance to vote
  713  pursuant to subsection (1). Any person who violates this
  714  subsection commits a misdemeanor of the first degree, punishable
  715  as provided in s. 775.082 or s. 775.083.
  716         (5) If an elector needing assistance requests that a person
  717  other than an election official provide him or her with
  718  assistance in voting, the clerk or one of the inspectors shall
  719  require the person providing assistance to take the following
  720  oath:
  721  
  722                  DECLARATION TO PROVIDE ASSISTANCE                
  723  
  724  State of Florida
  725  County of ....
  726  Date ....
  727  Precinct ....
  728  
  729         I, ...(Print name)..., have been requested by ...(print
  730  name of elector needing assistance)... to provide him or her
  731  with assistance to vote. I swear or affirm that I am not the
  732  employer, an agent of the employer, or an officer or agent of
  733  the union of the voter and that I have not solicited this voter
  734  at the polling place, drop box location, or early voting site or
  735  within 150 100 feet of such locations in an effort to provide
  736  assistance.
  737  
  738  ...(Signature of assistor)...
  739  
  740  Sworn and subscribed to before me this .... day of ....,
  741  ...(year)....
  742  
  743  ...(Signature of Official Administering Oath)...
  744         Section 17. Subsection (5) of section 101.131, Florida
  745  Statutes, is amended to read:
  746         101.131 Watchers at polls.—
  747         (5) The supervisor of elections shall provide to each
  748  designated poll watcher an, no later than 7 days before early
  749  voting begins, a poll watcher identification badge which that
  750  identifies the poll watcher by name. Each poll watcher must wear
  751  his or her identification badge while performing his or her
  752  duties in the polling room or early voting area.
  753         Section 18. Section 101.545, Florida Statutes, is amended
  754  to read:
  755         101.545 Retention and destruction of certain election
  756  materials.—All ballots, forms, and other election materials
  757  shall be retained in the custody of the supervisor of elections
  758  for a minimum of 22 months after an election and in accordance
  759  with the schedule approved by the Division of Library and
  760  Information Services of the Department of State. All unused
  761  ballots, forms, and other election materials may, with the
  762  approval of the Department of State, be destroyed by the
  763  supervisor after the election for which such ballots, forms, or
  764  other election materials were to be used.
  765         Section 19. Paragraph (d) of subsection (2) of section
  766  101.5605, Florida Statutes, is amended to read:
  767         101.5605 Examination and approval of equipment.—
  768         (2)
  769         (d) The Department of State shall approve or disapprove any
  770  voting system submitted to it within 120 90 days after the date
  771  of its initial submission.
  772         Section 20. Paragraph (a) of subsection (4) of section
  773  101.5614, Florida Statutes, is amended to read:
  774         101.5614 Canvass of returns.—
  775         (4)(a) If any vote-by-mail ballot is physically damaged so
  776  that it cannot properly be counted by the voting system’s
  777  automatic tabulating equipment, a true duplicate copy shall be
  778  made of the damaged ballot in an open and accessible room in the
  779  presence of witnesses and substituted for the damaged ballot.
  780  Likewise, a duplicate ballot shall be made of a vote-by-mail
  781  ballot containing an overvoted race if there is a clear
  782  indication on the ballot that the voter has made a definite
  783  choice in the overvoted race or ballot measure. A duplicate or a
  784  marked vote-by-mail ballot in which every race is undervoted
  785  which shall include all valid votes as determined by the
  786  canvassing board based on rules adopted by the division pursuant
  787  to s. 102.166(4). A duplicate may be made of a ballot containing
  788  an undervoted race or ballot measure if there is a clear
  789  indication on the ballot that the voter has made a definite
  790  choice in the undervoted race or ballot measure. A duplicate may
  791  not include a vote if the voter’s intent in such race or on such
  792  measure is not clear. Upon request, a physically present
  793  candidate, a political party official, a political committee
  794  official, or an authorized designee thereof, must be allowed to
  795  observe the duplication of ballots. The observer must be allowed
  796  to observe the duplication of ballots in such a way that the
  797  observer is able to see the markings on each ballot and the
  798  duplication taking place. All duplicate ballots must shall be
  799  clearly labeled “duplicate,” bear a serial number which shall be
  800  recorded on the defective ballot, and be counted in lieu of the
  801  defective ballot. The duplication of ballots must happen in the
  802  presence of at least one canvassing board member. After a ballot
  803  has been duplicated, the defective ballot shall be placed in an
  804  envelope provided for that purpose, and the duplicate ballot
  805  shall be tallied with the other ballots for that precinct. If
  806  any observer makes a reasonable objection to a duplicate of a
  807  ballot, the ballot must be presented to the canvassing board for
  808  a determination of the validity of the duplicate. The canvassing
  809  board must document the serial number of the ballot in the
  810  canvassing board’s minutes. The canvassing board must decide
  811  whether the duplication is valid. If the duplicate ballot is
  812  determined to be valid, the duplicate ballot must be counted. If
  813  the duplicate ballot is determined to be invalid, the duplicate
  814  ballot must be rejected and a proper duplicate ballot must be
  815  made and counted in lieu of the original.
  816         Section 21. Section 101.572, Florida Statutes, is amended
  817  to read:
  818         101.572 Public inspection of ballots.—
  819         (1) The official ballots and ballot cards received from
  820  election boards and removed from vote-by-mail ballot mailing
  821  envelopes and voter certificates on such mailing envelopes shall
  822  be open for public inspection or examination while in the
  823  custody of the supervisor of elections or the county canvassing
  824  board at any reasonable time, under reasonable conditions;
  825  however, no persons other than the supervisor of elections or
  826  his or her employees or the county canvassing board shall handle
  827  any official ballot or ballot card. If the ballots are being
  828  examined prior to the end of the contest period in s. 102.168,
  829  the supervisor of elections shall make a reasonable effort to
  830  notify all candidates whose names appear on such ballots or
  831  ballot cards by telephone or otherwise of the time and place of
  832  the inspection or examination. All such candidates, or their
  833  representatives, shall be allowed to be present during the
  834  inspection or examination.
  835         (2) A candidate, a political party official, or a political
  836  committee official, or an authorized designee thereof, shall be
  837  granted reasonable access upon request to review or inspect
  838  ballot materials before canvassing or tabulation, including
  839  voter certificates on vote-by-mail envelopes, cure affidavits,
  840  corresponding comparison signatures, duplicate ballots, and
  841  corresponding originals. Before the supervisor begins comparing
  842  signatures on vote-by-mail voter certificates, the supervisor
  843  must publish notice of the access to be provided under this
  844  section, which may be access to the documents or images thereof,
  845  and the method of requesting such access. During such review, no
  846  person granted access for review may make any copy of a
  847  signature.
  848         Section 22. Subsection (5) of section 101.591, Florida
  849  Statutes, is amended to read:
  850         101.591 Voting system audit.—
  851         (5) By December 15 of each general election year Within 15
  852  days after completion of the audit, the county canvassing board
  853  or the board responsible for certifying the election shall
  854  provide a report with the results of the audit to the Department
  855  of State in a standard format as prescribed by the department.
  856  The report must be consolidated into one report with the
  857  overvote and undervote report required under s. 101.595(1). The
  858  report shall contain, but is not limited to, the following
  859  items:
  860         (a) The overall accuracy of audit.
  861         (b) A description of any problems or discrepancies
  862  encountered.
  863         (c) The likely cause of such problems or discrepancies.
  864         (d) Recommended corrective action with respect to avoiding
  865  or mitigating such circumstances in future elections.
  866         Section 23. Subsections (1) and (3) of section 101.595,
  867  Florida Statutes, are amended to read:
  868         101.595 Analysis and reports of voting problems.—
  869         (1) No later than December 15 of each general election
  870  year, the supervisor of elections in each county shall report to
  871  the Department of State the total number of overvotes and
  872  undervotes in the “President and Vice President” or “Governor
  873  and Lieutenant Governor” race that appears first on the ballot
  874  or, if neither appears, the first race appearing on the ballot
  875  pursuant to s. 101.151(2), along with the likely reasons for
  876  such overvotes and undervotes and other information as may be
  877  useful in evaluating the performance of the voting system and
  878  identifying problems with ballot design and instructions which
  879  may have contributed to voter confusion. This report must be
  880  consolidated into one report with the audit report required
  881  under s. 101.591(5).
  882         (3) The Department of State shall submit the report to the
  883  Governor, the President of the Senate, and the Speaker of the
  884  House of Representatives by February 15 January 31 of each year
  885  following a general election.
  886         Section 24. Paragraphs (a) and (b) of subsection (1),
  887  subsection (3), and paragraph (c) of subsection (4) of section
  888  101.62, Florida Statutes, are amended, and subsection (7) is
  889  added to that section, to read:
  890         101.62 Request for vote-by-mail ballots.—
  891         (1)(a) The supervisor shall accept a request for a vote-by
  892  mail ballot from an elector in person or in writing. One request
  893  is shall be deemed sufficient to receive a vote-by-mail ballot
  894  for all elections through the end of the calendar year of the
  895  next second ensuing regularly scheduled general election, unless
  896  the elector or the elector’s designee indicates at the time the
  897  request is made the elections within such period for which the
  898  elector desires to receive a vote-by-mail ballot. Such request
  899  may be considered canceled when any first-class mail sent by the
  900  supervisor to the elector is returned as undeliverable.
  901         (b) The supervisor may accept a written, an in-person, or a
  902  telephonic request for a vote-by-mail ballot to be mailed to an
  903  elector’s address on file in the Florida Voter Registration
  904  System from the elector, or, if directly instructed by the
  905  elector, a member of the elector’s immediate family, or the
  906  elector’s legal guardian. If an in-person or a telephonic
  907  request is made, the elector must provide the elector’s Florida
  908  driver license number, the elector’s Florida identification card
  909  number, or the last four digits of the elector’s social security
  910  number, whichever may be verified in the supervisor’s records.;
  911  If the ballot is requested to be mailed to an address other than
  912  the elector’s address on file in the Florida Voter Registration
  913  System, the request must be made in writing. A written request
  914  must be and signed by the elector and include the elector’s
  915  Florida driver license number, the elector’s Florida
  916  identification card number, or the last four digits of the
  917  elector’s social security number. However, an absent uniformed
  918  service voter or an overseas voter seeking a vote-by-mail ballot
  919  is not required to submit a signed, written request for a vote
  920  by-mail ballot that is being mailed to an address other than the
  921  elector’s address on file in the Florida Voter Registration
  922  System. For purposes of this section, the term “immediate
  923  family” has the same meaning as specified in paragraph (4)(c).
  924  The person making the request must disclose:
  925         1. The name of the elector for whom the ballot is
  926  requested.
  927         2. The elector’s address.
  928         3. The elector’s date of birth.
  929         4. The elector’s Florida driver license number, the
  930  elector’s Florida identification card number, or the last four
  931  digits of the elector’s social security number, whichever may be
  932  verified in the supervisor’s records.
  933         5. The requester’s name.
  934         6.5. The requester’s address.
  935         7.6. The requester’s driver license number, the requester’s
  936  identification card number, or the last four digits of the
  937  requester’s social security number, if available.
  938         8.7. The requester’s relationship to the elector.
  939         9.8. The requester’s signature (written requests only).
  940         (3) For each request for a vote-by-mail ballot received,
  941  the supervisor shall record: the date the request was made; the
  942  identity of the voter’s designee making the request, if any; the
  943  Florida driver license number, Florida identification card
  944  number, or last four digits of the social security number of the
  945  elector provided with a written request;, the date the vote-by
  946  mail ballot was delivered to the voter or the voter’s designee
  947  or the date the vote-by-mail ballot was delivered to the post
  948  office or other carrier; the address to which the ballot was
  949  mailed or the identity of the voter’s designee to whom the
  950  ballot was delivered;, the date the ballot was received by the
  951  supervisor;, the absence of the voter’s signature on the voter’s
  952  certificate, if applicable; whether the voter’s certificate
  953  contains a signature that does not match the elector’s signature
  954  in the registration books or precinct register;, and such other
  955  information he or she may deem necessary. This information shall
  956  be provided in electronic format as provided by division rule
  957  adopted by the division. The information shall be updated and
  958  made available no later than 8 a.m. of each day, including
  959  weekends, beginning 60 days before the primary until 15 days
  960  after the general election and shall be contemporaneously
  961  provided to the division. This information shall be confidential
  962  and exempt from s. 119.07(1) and shall be made available to or
  963  reproduced only for the voter requesting the ballot, a
  964  canvassing board, an election official, a political party or
  965  official thereof, a candidate who has filed qualification papers
  966  and is opposed in an upcoming election, and registered political
  967  committees for political purposes only.
  968         (4)
  969         (c) The supervisor shall provide a vote-by-mail ballot to
  970  each elector by whom a request for that ballot has been made by
  971  one of the following means:
  972         1. By nonforwardable, return-if-undeliverable mail to the
  973  elector’s current mailing address on file with the supervisor or
  974  any other address the elector specifies in the request.
  975         2. By forwardable mail, e-mail, or facsimile machine
  976  transmission to absent uniformed services voters and overseas
  977  voters. The absent uniformed services voter or overseas voter
  978  may designate in the vote-by-mail ballot request the preferred
  979  method of transmission. If the voter does not designate the
  980  method of transmission, the vote-by-mail ballot shall be mailed.
  981         3. By personal delivery before 7 p.m. on election day to
  982  the elector, upon presentation of the identification required in
  983  s. 101.043.
  984         4. By delivery to a designee on election day or up to 9
  985  days before prior to the day of an election. Any elector may
  986  designate in writing a person to pick up the ballot for the
  987  elector; however, the person designated may not pick up more
  988  than two vote-by-mail ballots per election, other than the
  989  designee’s own ballot, except that additional ballots may be
  990  picked up for members of the designee’s immediate family. For
  991  purposes of this section, “immediate family” means the
  992  designee’s spouse or the parent, child, grandparent, grandchild,
  993  or sibling of the designee or of the designee’s spouse. The
  994  designee shall provide to the supervisor the written
  995  authorization by the elector and a picture identification of the
  996  designee and must complete an affidavit. The designee shall
  997  state in the affidavit that the designee is authorized by the
  998  elector to pick up that ballot and shall indicate if the elector
  999  is a member of the designee’s immediate family and, if so, the
 1000  relationship. The department shall prescribe the form of the
 1001  affidavit. If the supervisor is satisfied that the designee is
 1002  authorized to pick up the ballot and that the signature of the
 1003  elector on the written authorization matches the signature of
 1004  the elector on file, the supervisor shall give the ballot to
 1005  that designee for delivery to the elector.
 1006         5. Except as provided in s. 101.655, the supervisor may not
 1007  deliver a vote-by-mail ballot to an elector or an elector’s
 1008  immediate family member on the day of the election unless there
 1009  is an emergency, to the extent that the elector will be unable
 1010  to go to his or her assigned polling place. If a vote-by-mail
 1011  ballot is delivered, the elector or his or her designee shall
 1012  execute an affidavit affirming to the facts which allow for
 1013  delivery of the vote-by-mail ballot. The department shall adopt
 1014  a rule providing for the form of the affidavit.
 1015         (7) Except as expressly authorized for voters having a
 1016  disability under s. 101.662, for overseas voters under s.
 1017  101.697, or for local referenda under ss. 101.6102 and 101.6103,
 1018  a county, municipality, or state agency may not send a vote-by
 1019  mail ballot to a voter unless the voter has requested a vote-by
 1020  mail ballot in the manner authorized under this section.
 1021         Section 25. Notwithstanding the amendments made to s.
 1022  101.62(1)(a), Florida Statutes, by this act, an existing vote
 1023  by-mail ballot request submitted before the effective date of
 1024  this act is deemed sufficient for elections held through the end
 1025  of the 2022 calendar year.
 1026         Section 26. Subsection (1) of section 101.64, Florida
 1027  Statutes, is amended to read:
 1028         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
 1029         (1)(a) The supervisor shall enclose with each vote-by-mail
 1030  ballot two envelopes: a secrecy envelope, into which the absent
 1031  elector shall enclose his or her marked ballot; and a mailing
 1032  envelope, into which the absent elector shall then place the
 1033  secrecy envelope, which shall be addressed to the supervisor and
 1034  also bear on the back side a certificate in substantially the
 1035  following form:
 1036  
 1037           Note: Please Read Instructions Carefully Before         
 1038         Marking Ballot and Completing Voter’s Certificate.        
 1039  
 1040                         VOTER’S CERTIFICATE                       
 1041         I, ...., do solemnly swear or affirm that I am a qualified
 1042  and registered voter of .... County, Florida, and that I have
 1043  not and will not vote more than one ballot in this election. I
 1044  understand that if I commit or attempt to commit any fraud in
 1045  connection with voting, vote a fraudulent ballot, or vote more
 1046  than once in an election, I can be convicted of a felony of the
 1047  third degree and fined up to $5,000 and/or imprisoned for up to
 1048  5 years. I also understand that failure to sign this certificate
 1049  will invalidate my ballot.
 1050  ...(Date)...                           ...(Voter’s Signature)...
 1051  ...(E-Mail Address)...             ...(Home Telephone Number)...
 1052  ...(Mobile Telephone Number)...
 1053         (b) Each return mailing envelope must bear the absent
 1054  elector’s name and any encoded mark used by the supervisor’s
 1055  office.
 1056         (c) A mailing envelope or secrecy envelope may not bear any
 1057  indication of the political affiliation of an absent elector.
 1058         Section 27. Subsections (1) and (2) of section 101.68,
 1059  Florida Statutes, are amended to read:
 1060         101.68 Canvassing of vote-by-mail ballot.—
 1061         (1) The supervisor of the county where the absent elector
 1062  resides shall receive the voted ballot, at which time the
 1063  supervisor shall compare the signature of the elector on the
 1064  voter’s certificate with the signature of the elector in the
 1065  registration books or the precinct register to determine whether
 1066  the elector is duly registered in the county and must may record
 1067  on the elector’s registration record certificate that the
 1068  elector has voted. During the signature comparison process, the
 1069  supervisor may not use any knowledge of the political
 1070  affiliation of the voter whose signature is subject to
 1071  verification. An elector who dies after casting a vote-by-mail
 1072  ballot but on or before election day shall remain listed in the
 1073  registration books until the results have been certified for the
 1074  election in which the ballot was cast. The supervisor shall
 1075  safely keep the ballot unopened in his or her office until the
 1076  county canvassing board canvasses the vote. Except as provided
 1077  in subsection (4), after a vote-by-mail ballot is received by
 1078  the supervisor, the ballot is deemed to have been cast, and
 1079  changes or additions may not be made to the voter’s certificate.
 1080         (2)(a) The county canvassing board may begin the canvassing
 1081  of vote-by-mail ballots upon the completion of the public
 1082  testing of automatic tabulating equipment pursuant to s.
 1083  101.5612(2) at 7 a.m. on the 22nd day before the election, but
 1084  must begin such canvassing by no not later than noon on the day
 1085  following the election. In addition, for any county using
 1086  electronic tabulating equipment, the processing of vote-by-mail
 1087  ballots through such tabulating equipment may begin at 7 a.m. on
 1088  the 22nd day before the election. However, notwithstanding any
 1089  such authorization to begin canvassing or otherwise processing
 1090  vote-by-mail ballots early, no result shall be released until
 1091  after the closing of the polls in that county on election day.
 1092  Any supervisor, deputy supervisor, canvassing board member,
 1093  election board member, or election employee who releases the
 1094  results of a canvassing or processing of vote-by-mail ballots
 1095  prior to the closing of the polls in that county on election day
 1096  commits a felony of the third degree, punishable as provided in
 1097  s. 775.082, s. 775.083, or s. 775.084.
 1098         (b) To ensure that all vote-by-mail ballots to be counted
 1099  by the canvassing board are accounted for, the canvassing board
 1100  shall compare the number of ballots in its possession with the
 1101  number of requests for ballots received to be counted according
 1102  to the supervisor’s file or list.
 1103         (c)1. The canvassing board must, if the supervisor has not
 1104  already done so, compare the signature of the elector on the
 1105  voter’s certificate or on the vote-by-mail ballot cure affidavit
 1106  as provided in subsection (4) with the signature of the elector
 1107  in the registration books or the precinct register to see that
 1108  the elector is duly registered in the county and to determine
 1109  the legality of that vote-by-mail ballot. A vote-by-mail ballot
 1110  may only be counted if:
 1111         a. The signature on the voter’s certificate or the cure
 1112  affidavit matches the elector’s signature in the registration
 1113  books or precinct register; however, in the case of a cure
 1114  affidavit, the supporting identification listed in subsection
 1115  (4) must also confirm the identity of the elector; or
 1116         b. The cure affidavit contains a signature that does not
 1117  match the elector’s signature in the registration books or
 1118  precinct register, but the elector has submitted a current and
 1119  valid Tier 1 identification pursuant to subsection (4) which
 1120  confirms the identity of the elector.
 1121  
 1122  For purposes of this subparagraph, any canvassing board finding
 1123  that an elector’s signatures do not match must be by majority
 1124  vote and beyond a reasonable doubt.
 1125         2. The ballot of an elector who casts a vote-by-mail ballot
 1126  shall be counted even if the elector dies on or before election
 1127  day, as long as, before the death of the voter, the ballot was
 1128  postmarked by the United States Postal Service, date-stamped
 1129  with a verifiable tracking number by a common carrier, or
 1130  already in the possession of the supervisor.
 1131         3. A vote-by-mail ballot is not considered illegal if the
 1132  signature of the elector does not cross the seal of the mailing
 1133  envelope.
 1134         4. If any elector or candidate present believes that a
 1135  vote-by-mail ballot is illegal due to a defect apparent on the
 1136  voter’s certificate or the cure affidavit, he or she may, at any
 1137  time before the ballot is removed from the envelope, file with
 1138  the canvassing board a protest against the canvass of that
 1139  ballot, specifying the precinct, the voter’s certificate or the
 1140  cure affidavit the ballot, and the reason he or she believes the
 1141  ballot to be illegal. A challenge based upon a defect in the
 1142  voter’s certificate or cure affidavit may not be accepted after
 1143  the ballot has been removed from the mailing envelope.
 1144         5. If the canvassing board determines that a ballot is
 1145  illegal, a member of the board must, without opening the
 1146  envelope, mark across the face of the envelope: “rejected as
 1147  illegal.” The cure affidavit, if applicable, the envelope, and
 1148  the ballot therein shall be preserved in the manner that
 1149  official ballots are preserved.
 1150         (d) The canvassing board shall record the ballot upon the
 1151  proper record, unless the ballot has been previously recorded by
 1152  the supervisor. The mailing envelopes shall be opened and the
 1153  secrecy envelopes shall be mixed so as to make it impossible to
 1154  determine which secrecy envelope came out of which signed
 1155  mailing envelope; however, in any county in which an electronic
 1156  or electromechanical voting system is used, the ballots may be
 1157  sorted by ballot styles and the mailing envelopes may be opened
 1158  and the secrecy envelopes mixed separately for each ballot
 1159  style. The votes on vote-by-mail ballots shall be included in
 1160  the total vote of the county.
 1161         Section 28. Subsection (2) of section 101.69, Florida
 1162  Statutes, is amended, and subsection (3) is added to that
 1163  section, to read:
 1164         101.69 Voting in person; return of vote-by-mail ballot.—
 1165         (2)(a) The supervisor shall allow an elector who has
 1166  received a vote-by-mail ballot to physically return a voted
 1167  vote-by-mail ballot to the supervisor by placing the return mail
 1168  envelope containing his or her marked ballot in a secure drop
 1169  box. Secure drop boxes shall be placed at the main office of the
 1170  supervisor, at each permanent branch office of the supervisor,
 1171  and at each early voting site. Secure drop boxes may also be
 1172  placed at any other site that would otherwise qualify as an
 1173  early voting site under s. 101.657(1). Drop boxes must be
 1174  geographically located so as to provide all voters in the county
 1175  with an equal opportunity to cast a ballot, insofar as is
 1176  practicable. Except for secure drop boxes at an office of the
 1177  supervisor, a secure drop box may only be used; provided,
 1178  however, that any such site must be staffed during the county’s
 1179  early voting hours of operation and must be monitored in person
 1180  by an employee of the supervisor’s office. A secure drop box at
 1181  an office of the supervisor must be continuously monitored in
 1182  person by an employee of the supervisor’s office when the drop
 1183  box is accessible for deposit of ballots or a sworn law
 1184  enforcement officer.
 1185         (b) A supervisor shall designate each drop box site at
 1186  least 30 days before an election. The supervisor shall provide
 1187  the address of each drop box location to the division at least
 1188  30 days before an election. After a drop box location has been
 1189  designated, it may not be moved or changed except as approved by
 1190  the division to correct a violation of this subsection.
 1191         (c)1. On each day of early voting, all drop boxes must be
 1192  emptied at the end of early voting hours and all ballots
 1193  retrieved from the drop boxes must be returned to the
 1194  supervisor’s office.
 1195         2. For drop boxes located at an office of the supervisor,
 1196  all ballots must be retrieved before the drop box is no longer
 1197  monitored by an employee of the supervisor.
 1198         3. Employees of the supervisor must comply with procedures
 1199  for the chain of custody of ballots as required by s.
 1200  101.015(4).
 1201         (3) If any drop box is left accessible for ballot receipt
 1202  other than as authorized by this section, the supervisor is
 1203  subject to a civil penalty of $25,000. The division is
 1204  authorized to enforce this provision.
 1205         Section 29. Paragraphs (a), (b), and (e) of subsection (4)
 1206  of section 102.031, Florida Statutes, are amended to read:
 1207         102.031 Maintenance of good order at polls; authorities;
 1208  persons allowed in polling rooms and early voting areas;
 1209  unlawful solicitation of voters.—
 1210         (4)(a) No person, political committee, or other group or
 1211  organization may solicit voters inside the polling place or
 1212  within 150 feet of a drop box or the entrance to any polling
 1213  place, a polling room where the polling place is also a polling
 1214  room, an early voting site, or an office of the supervisor where
 1215  vote-by-mail ballots are requested and printed on demand for the
 1216  convenience of electors who appear in person to request them.
 1217  Before the opening of a drop box location, a the polling place,
 1218  or an early voting site, the clerk or supervisor shall designate
 1219  the no-solicitation zone and mark the boundaries.
 1220         (b) For the purpose of this subsection, the terms “solicit”
 1221  or “solicitation” shall include, but not be limited to, seeking
 1222  or attempting to seek any vote, fact, opinion, or contribution;
 1223  distributing or attempting to distribute any political or
 1224  campaign material, leaflet, or handout; conducting a poll except
 1225  as specified in this paragraph; seeking or attempting to seek a
 1226  signature on any petition; and selling or attempting to sell any
 1227  item; and engaging in any activity with the intent to influence
 1228  or effect of influencing a voter. The terms “solicit” or
 1229  “solicitation” may not be construed to prohibit an employee of,
 1230  or a volunteer with, the supervisor from providing nonpartisan
 1231  assistance to voters within the no-solicitation zone such as,
 1232  but not limited to, giving items to voters, or to prohibit exit
 1233  polling.
 1234         (e) The owner, operator, or lessee of the property on which
 1235  a polling place or an early voting site is located, or an agent
 1236  or employee thereof, may not prohibit the solicitation of voters
 1237  by a candidate or a candidate’s designee outside of the no
 1238  solicitation zone during polling hours.
 1239         Section 30. Section 102.072, Florida Statutes, is created
 1240  to read:
 1241         102.072 Vote-by-mail count reporting.—Beginning at 7:00
 1242  p.m. election day, the supervisor must, at least once every hour
 1243  while actively counting, post on his or her website the number
 1244  of vote-by-mail ballots that have been received and the number
 1245  of vote-by-mail ballots that remain uncounted.
 1246         Section 31. Subsection (1) and paragraphs (a) and (b) of
 1247  subsection (2) of section 102.141, Florida Statutes, are amended
 1248  to read:
 1249         102.141 County canvassing board; duties.—
 1250         (1) The county canvassing board shall be composed of the
 1251  supervisor of elections; a county court judge, who shall act as
 1252  chair; and the chair of the board of county commissioners. The
 1253  names of the canvassing board members must be published on the
 1254  supervisor’s website upon completion of the logic and accuracy
 1255  test. Alternate canvassing board members must be appointed
 1256  pursuant to paragraph (e). In the event any member of the county
 1257  canvassing board is unable to serve, is a candidate who has
 1258  opposition in the election being canvassed, or is an active
 1259  participant in the campaign or candidacy of any candidate who
 1260  has opposition in the election being canvassed, such member
 1261  shall be replaced as follows:
 1262         (a) If no county court judge is able to serve or if all are
 1263  disqualified, the chief judge of the judicial circuit in which
 1264  the county is located shall appoint as a substitute member a
 1265  qualified elector of the county who is not a candidate with
 1266  opposition in the election being canvassed and who is not an
 1267  active participant in the campaign or candidacy of any candidate
 1268  with opposition in the election being canvassed. In such event,
 1269  the members of the county canvassing board shall meet and elect
 1270  a chair.
 1271         (b) If the supervisor of elections is unable to serve or is
 1272  disqualified, the chair of the board of county commissioners
 1273  shall appoint as a substitute member a member of the board of
 1274  county commissioners who is not a candidate with opposition in
 1275  the election being canvassed and who is not an active
 1276  participant in the campaign or candidacy of any candidate with
 1277  opposition in the election being canvassed. The supervisor,
 1278  however, shall act in an advisory capacity to the canvassing
 1279  board.
 1280         (c) If the chair of the board of county commissioners is
 1281  unable to serve or is disqualified, the board of county
 1282  commissioners shall appoint as a substitute member one of its
 1283  members who is not a candidate with opposition in the election
 1284  being canvassed and who is not an active participant in the
 1285  campaign or candidacy of any candidate with opposition in the
 1286  election being canvassed.
 1287         (d) If a substitute member or alternate member cannot be
 1288  appointed as provided elsewhere in this subsection, or in the
 1289  event of a vacancy in such office, the chief judge of the
 1290  judicial circuit in which the county is located shall appoint as
 1291  a substitute member or alternate member a qualified elector of
 1292  the county who is not a candidate with opposition in the
 1293  election being canvassed and who is not an active participant in
 1294  the campaign or candidacy of any candidate with opposition in
 1295  the election being canvassed.
 1296         (e)1. The chief judge of the judicial circuit in which the
 1297  county is located shall appoint a county court judge as an
 1298  alternate member of the county canvassing board or, if each
 1299  county court judge is unable to serve or is disqualified, shall
 1300  appoint an alternate member who is qualified to serve as a
 1301  substitute member under paragraph (a).
 1302         2. The chair of the board of county commissioners shall
 1303  appoint a member of the board of county commissioners as an
 1304  alternate member of the county canvassing board or, if each
 1305  member of the board of county commissioners is unable to serve
 1306  or is disqualified, shall appoint an alternate member who is
 1307  qualified to serve as a substitute member under paragraph (d).
 1308         3. If a member of the county canvassing board is unable to
 1309  participate in a meeting of the board, the chair of the county
 1310  canvassing board or his or her designee shall designate which
 1311  alternate member will serve as a member of the board in the
 1312  place of the member who is unable to participate at that
 1313  meeting.
 1314         4. If not serving as one of the three members of the county
 1315  canvassing board, an alternate member may be present, observe,
 1316  and communicate with the three members constituting the county
 1317  canvassing board, but may not vote in the board’s decisions or
 1318  determinations.
 1319         (2)(a) The county canvassing board shall meet in a building
 1320  accessible to the public in the county where the election
 1321  occurred at a time and place to be designated by the supervisor
 1322  to publicly canvass the absent electors’ ballots as provided for
 1323  in s. 101.68 and provisional ballots as provided by ss. 101.048,
 1324  101.049, and 101.6925. During each meeting of the county
 1325  canvassing board, each political party and each candidate may
 1326  have one watcher able to view directly or on a display screen
 1327  ballots being examined for signature matching and other
 1328  processes. Provisional ballots cast pursuant to s. 101.049 shall
 1329  be canvassed in a manner that votes for candidates and issues on
 1330  those ballots can be segregated from other votes. As soon as the
 1331  absent electors’ ballots and the provisional ballots are
 1332  canvassed, the board shall proceed to publicly canvass the vote
 1333  given each candidate, nominee, constitutional amendment, or
 1334  other measure submitted to the electorate of the county, as
 1335  shown by the returns then on file in the office of the
 1336  supervisor.
 1337         (b) Public notice of the canvassing board members,
 1338  alternates, time, and place at which the county canvassing board
 1339  shall meet to canvass the absent electors’ ballots and
 1340  provisional ballots must be given at least 48 hours prior
 1341  thereto by publication on the supervisor’s website and published
 1342  in one or more newspapers of general circulation in the county
 1343  or, if there is no newspaper of general circulation in the
 1344  county, by posting such notice in at least four conspicuous
 1345  places in the county. The time given in the notice as to the
 1346  convening of the meeting of the county canvassing board must be
 1347  specific and may not be a time period during which the board may
 1348  meet.
 1349         Section 32. Section 104.0616, Florida Statutes, is amended
 1350  to read:
 1351         104.0616 Vote-by-mail ballots and voting; violations.—
 1352         (1) For purposes of this section, the term “immediate
 1353  family” means a person’s spouse or the parent, child,
 1354  grandparent, grandchild, or sibling of the person or the
 1355  person’s spouse.
 1356         (2) Any person who distributes, orders, requests, collects,
 1357  delivers provides or offers to provide, and any person who
 1358  accepts, a pecuniary or other benefit in exchange for
 1359  distributing, ordering, requesting, collecting, delivering, or
 1360  otherwise physically possesses possessing more than two vote-by
 1361  mail ballots per election in addition to his or her own ballot
 1362  or a ballot belonging to an immediate family member, except as
 1363  provided in ss. 101.6105-101.694, including supervised voting at
 1364  assisted living facilities and nursing home facilities as
 1365  authorized under s. 101.655, commits a misdemeanor of the first
 1366  degree, punishable as provided in s. 775.082 or, s. 775.083, or
 1367  s. 775.084.
 1368         Section 33. This act shall take effect upon becoming a law.

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