Bill Text: FL S0486 | 2014 | Regular Session | Introduced
Bill Title: Federal Write-in Absentee Ballot
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-05-02 - Died in Messages [S0486 Detail]
Download: Florida-2014-S0486-Introduced.html
Florida Senate - 2014 SB 486
By Senator Evers
2-00357C-14 2014486__
1 A bill to be entitled
2 An act relating to the federal write-in absentee
3 ballot; amending s. 101.6952, F.S.; authorizing absent
4 uniformed services voters and overseas voters to use
5 the federal write-in absentee ballot in any state or
6 local election; providing that an eligible elector may
7 vote on any ballot measure in an election using the
8 federal write-in absentee ballot; clarifying that a
9 vote cast in a judicial merit retention election be
10 treated in the same manner as a vote on certain ballot
11 measures; making technical changes; amending s.
12 102.166, F.S.; revising minimum requirements for
13 Department of State rules used in determining what
14 constitutes a valid vote on a federal write-in
15 absentee ballot; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (2) of section 101.6952, Florida
20 Statutes, is amended to read:
21 101.6952 Absentee ballots for absent uniformed services and
22 overseas voters.—
23 (2)(a) An absent uniformed services voter or an overseas
24 voter who makes timely application for but does not receive an
25 official absentee ballot may use the federal write-in absentee
26 ballot to vote in any federal, election and any state, or local
27 election involving two or more candidates.
28 (b)1. In an election for federal office, an elector may
29 designate a candidate by writing the name of a candidate on the
30 ballot. Except for a primary or special primary election, the
31 elector may alternatively designate a candidate by writing the
32 name of a political party on the ballot. A written designation
33 of the political party shall be counted as a vote for the
34 candidate of that party if there is such a party candidate in
35 the race.
36 2. In an election for a state or local election office, an
37 elector may vote in the section of the federal write-in absentee
38 ballot designated for nonfederal races by writing on the ballot
39 the title of each office and by writing on the ballot the name
40 of the candidate for whom the elector is voting. Except for a
41 primary, special primary, or nonpartisan election, the elector
42 may alternatively designate a candidate by writing the name of a
43 political party on the ballot. A written designation of the
44 political party shall be counted as a vote for the candidate of
45 that party if there is such a party candidate in the race. In
46 addition, the elector may vote on any ballot measure presented
47 in such election by identifying the ballot measure on which he
48 or she desires to vote and specifying his or her vote on the
49 measure. For purposes of this section, a vote cast in a judicial
50 merit retention election shall be treated in the same manner as
51 a ballot measure where the only allowable responses are “Yes”
52 and “No.”
53 (c) In the case of a joint candidacy, such as for the
54 offices of President/Vice President or Governor/Lieutenant
55 Governor, a valid vote for one or both qualified candidates on
56 the same ticket shall constitute a vote for the joint candidacy.
57 (d) For purposes of this subsection and except where the
58 context clearly indicates otherwise, such as where a candidate
59 in the election is affiliated with a political party whose name
60 includes the word “Independent,” “Independence,” or a similar
61 term, a voter designation of “No Party Affiliation” or
62 “Independent,” or any minor variation, misspelling, or
63 abbreviation thereof, shall be considered a designation for the
64 candidate, other than a write-in candidate, who qualified to run
65 in the race with no party affiliation. If more than one
66 candidate qualifies to run as a candidate with no party
67 affiliation, the designation does shall not count for any
68 candidate unless there is a valid, additional designation of the
69 candidate’s name.
70 (e) Any abbreviation, misspelling, or other minor variation
71 in the form of the name of an office, the name of a candidate,
72 the ballot measure, or the name of a political party must be
73 disregarded in determining the validity of the ballot.
74 Section 2. Subsection (4) of section 102.166, Florida
75 Statutes, is amended to read:
76 102.166 Manual recounts of overvotes and undervotes.—
77 (4)(a) A vote for a candidate or ballot measure shall be
78 counted if there is a clear indication on the ballot that the
79 voter has made a definite choice.
80 (b) The Department of State shall adopt specific rules for
81 the federal write-in absentee ballot and for each certified
82 voting system prescribing what constitutes a “clear indication
83 on the ballot that the voter has made a definite choice.” The
84 rules shall be consistent, to the extent practicable, and may
85 not:
86 1. Exclusively provide that the voter must properly mark or
87 designate his or her choice on the ballot; or
88 2. Contain a catch-all provision that fails to identify
89 specific standards, such as “any other mark or indication
90 clearly indicating that the voter has made a definite choice.”
91 (c) The rule for the federal write-in absentee ballot must
92 address, at a minimum, the following issues:
93 1. The appropriate lines or spaces for designating a
94 candidate choice and, for state and local races, the office or
95 ballot measure to be voted, including the proximity of each to
96 the other and the effect of intervening blank lines.
97 2. The sufficiency of designating a candidate’s first or
98 last name when no other candidate in the race has the same or a
99 similar name.
100 3. The sufficiency of designating a candidate’s first or
101 last name when an opposing candidate has the same or a similar
102 name, notwithstanding generational suffixes and titles such as
103 “Jr.,” “Sr.,” or “III.” The rule should contemplate the
104 sufficiency of additional first names and first initials, middle
105 names and middle initials, generational suffixes and titles,
106 nicknames, and, in general elections, the name or abbreviation
107 of a political party.
108 4. Candidate designations containing both a qualified
109 candidate’s name and a political party, including those in which
110 where the party designated is the candidate’s party, is not the
111 candidate’s party, has an opposing candidate in the race, or
112 does not have an opposing candidate in the race.
113 5. Situations where the abbreviation or name of a candidate
114 is the same as the abbreviation or name of a political party to
115 which the candidate does not belong, including those in which
116 where the party designated has another candidate in the race or
117 does not have a candidate in the race.
118 6. The use of marks, symbols, or language, such as arrows,
119 quotation marks, or the word “same” or “ditto,” to indicate that
120 the same political party designation applies to all listed
121 offices or the elector’s approval or disapproval of all listed
122 ballot measures.
123 7. Situations in which where an elector designates the name
124 of a qualified candidate for an incorrect office.
125 8. Situations in which where an elector designates an
126 otherwise correct office name that includes an incorrect
127 district number.
128 Section 3. This act shall take effect July 1, 2014.
