Bill Text: FL S0600 | 2013 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2013-04-16 - Laid on Table, companion bill(s) passed, see CS/HB 7013 (Ch. 2013-57) [S0600 Detail]
Download: Florida-2013-S0600-Comm_Sub.html
Bill Title: Elections
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2013-04-16 - Laid on Table, companion bill(s) passed, see CS/HB 7013 (Ch. 2013-57) [S0600 Detail]
Download: Florida-2013-S0600-Comm_Sub.html
Florida Senate - 2013 CS for SB 600 By the Committee on Ethics and Elections; and Senator Latvala 582-02595A-13 2013600c1 1 A bill to be entitled 2 An act relating to elections; amending s. 97.0555, 3 F.S.; revising qualifications for late voter 4 registration; creating s. 100.032, F.S.; requiring 5 supervisors of elections to submit a report to the 6 Secretary of State at least 3 months before a general 7 election; specifying the content of the report; 8 amending s. 100.061, F.S.; decreasing the time period 9 between a primary election and a general election; 10 amending s. 101.161, F.S.; providing a limitation on 11 the number of words for certain ballot summaries in 12 joint resolutions proposed by the Legislature; 13 deleting a provision providing that a ballot statement 14 consisting of the full text of a constitutional 15 amendment or revision is presumed to be a clear and 16 unambiguous statement; amending s. 101.5605, F.S.; 17 requiring a person to provide the name, mailing 18 address, and telephone number of a registered agent of 19 a voting systems vendor to the Department of State 20 under certain circumstances; providing that proof of 21 delivery or attempt to deliver constitutes valid 22 notice; creating s. 101.56065, F.S.; providing a 23 definition for the term “defect”; requiring any person 24 who submitted a voting system to the department for 25 approval or sold or leased any approved voting system 26 to file a disclosure with the department; providing 27 requirements for the disclosure; authorizing the 28 department to suspend all sales or leases or use in an 29 election of a defective voting system; providing 30 procedures for the suspension of voting systems; 31 authorizing the department to withdraw approval of 32 voting systems under certain circumstances; 33 authorizing the department to initiate an 34 investigation of a defective voting system; 35 establishing procedures and requirements of 36 investigations; providing a penalty; repealing s. 37 101.56075(4), F.S., relating to the requirement that 38 all voting systems used by voters in a state election 39 allow placement of the full text of a constitutional 40 amendment or revision containing stricken or 41 underlined text by a specified date; amending s. 42 101.591, F.S.; authorizing use of automated, 43 independent audits of voting systems; providing audit 44 requirements; requiring the Division of Elections to 45 adopt rules; amending s. 101.62, F.S.; revising the 46 requirements for a valid absentee ballot request; 47 requiring the supervisor to record the absence of the 48 voter’s signature on the voter’s certificate under 49 specified circumstances; prohibiting the supervisor 50 from providing an absentee ballot on the day of an 51 election under certain circumstances; requiring a 52 person who requests an absentee ballot to complete an 53 affidavit under certain circumstances; amending s. 54 101.64, F.S.; revising the requirements for a voter’s 55 certificate; amending s. 101.65, F.S.; revising the 56 instructions to absent electors; amending s. 101.657, 57 F.S.; revising the list of permissible sites available 58 for early voting; requiring each county to operate at 59 least the same number of early voting sites as used 60 for the 2012 general election; revising the number of 61 days and hours for early voting; amending s. 101.67, 62 F.S.; conforming a provision to changes made by the 63 act; amending s. 101.68, F.S., and reenacting 64 subsection (2), relating to the canvassing of absentee 65 ballots; authorizing the supervisor to use the 66 elector’s signature in a precinct register to compare 67 with the elector’s signature on the voter’s 68 certificate; providing that an absentee ballot must 69 clearly identify the name of the witness in order to 70 be considered legal; requiring the supervisor to 71 provide the elector with the specific reason his or 72 her ballot was rejected; requiring the supervisor to 73 allow electors to complete an affidavit to cure an 74 unsigned absentee ballot prior to canvassing; 75 providing the form and contents of the affidavit; 76 providing instructions to accompany each absentee 77 ballot affidavit; requiring the affidavit, 78 instructions, and the supervisor’s office mailing 79 address to be posted on certain websites; requiring 80 the supervisor to attach a received affidavit to the 81 appropriate absentee ballot mailing envelope; amending 82 s. 101.6921, F.S.; revising the voter’s certificate 83 accompanying a special absentee ballot; amending s. 84 101.6923, F.S.; revising special absentee ballot 85 instructions; amending s. 101.6952, F.S.; providing 86 that absentee ballots received from overseas voters in 87 certain elections may be received up to 10 days after 88 the date of the election; amending s. 102.031, F.S.; 89 revising restrictions relating to the solicitation of 90 voters; amending s. 102.141, F.S.; revising methods of 91 selecting canvassing board members; requiring a 92 supervisor to upload certain canvassed election 93 results into a county’s election management system 94 prior to the election; prohibiting public disclosure 95 of uploaded results before the close of the polls on 96 election day; amending s. 104.0616, F.S.; providing a 97 definition for the term “immediate family”; 98 prohibiting possession of more than two absentee 99 ballots under certain circumstances; providing an 100 effective date. 101 102 Be It Enacted by the Legislature of the State of Florida: 103 104 Section 1. Section 97.0555, Florida Statutes, is amended to 105 read: 106 97.0555 Late registration.—An individual or accompanying 107 family member who has been discharged or separated from the 108 uniformed services or the United States Merchant Marine, has 109 returned from a combat zone or forward-deployed area, or has 110 separated from employment outside the territorial limits of the 111 United States, after the book-closing date for an election 112 pursuant to s. 97.055 and who is otherwise qualified may 113 register to vote in such election until 5 p.m. on the Friday 114 before that election in the office of the supervisor of 115 elections. Such persons must produce sufficient documentation 116 showing evidence of qualifying for late registration pursuant to 117 this section. 118 Section 2. Section 100.032, Florida Statutes, is created to 119 read: 120 100.032 Election preparation report; general election.—Each 121 supervisor of elections must submit a report to the Secretary of 122 State at least 3 months before a general election which outlines 123 preparations for the upcoming general election. The report must 124 include, at a minimum, the following elements: the anticipated 125 staffing levels during the early voting period, on election day, 126 and after election day; and the anticipated amount of automatic 127 tabulating equipment at each early voting site and polling 128 place. 129 Section 3. Section 100.061, Florida Statutes, is amended to 130 read: 131 100.061 Primary election.—In each year in which a general 132 election is held, a primary election for nomination of 133 candidates of political parties shall be held on the Tuesday 10 13412weeks prior to the general election. The candidate receiving 135 the highest number of votes cast in each contest in the primary 136 election shall be declared nominated for such office. If two or 137 more candidates receive an equal and highest number of votes for 138 the same office, such candidates shall draw lots to determine 139 which candidate is nominated. 140 Section 4. Subsection (3) of section 101.161, Florida 141 Statutes, is amended to read: 142 101.161 Referenda; ballots.— 143 (3)(a) Each joint resolution that proposes a constitutional 144 amendment or revision shall include one or more ballot 145 statements set forth in order of priority. Each ballot statement 146 shall consist of a ballot title, by which the measure is 147 commonly referred to or spoken of, not exceeding 15 words in 148 length, andeithera ballot summary that describes the chief 149 purpose of the amendment or revision in clear and unambiguous 150 language, or the full text of the amendment or revision. If a 151 joint resolution that proposes a constitutional amendment or 152 revision contains only one ballot statement, the ballot summary 153 may not exceed 75 words in length. If a joint resolution that 154 proposes a constitutional amendment or revision contains more 155 than one ballot statement, the first ballot summary, in order of 156 priority, may not exceed 75 words in length. 157 (b) The Department of State shall furnish a designating 158 number pursuant to subsection (2) and the appropriate ballot 159 statement to the supervisor of elections of each county. The 160 ballot statement shall be printed on the ballot after the list 161 of candidates, followed by the word “yes” and also by the word 162 “no,” and shall be styled in such a manner that a “yes” vote 163 will indicate approval of the amendment or revision and a “no” 164 vote will indicate rejection. 165 (c)(b)1. Any action for a judicial determination that one 166 or more ballot statements embodied in a joint resolution are 167 defective must be commenced by filing a complaint or petition 168 with the appropriate court within 30 days after the joint 169 resolution is filed with the Secretary of State. The complaint 170 or petition shall assert all grounds for challenge to each 171 ballot statement. Any ground not asserted within 30 days after 172 the joint resolution is filed with the Secretary of State is 173 waived. 174 2. The court, including any appellate court, shall accord 175 an action described in subparagraph 1. priority over other 176 pending cases and render a decision as expeditiously as 177 possible. If the court finds that all ballot statements embodied 178 in a joint resolution are defective and further appeals are 179 declined, abandoned, or exhausted, unless otherwise provided in 180 the joint resolution, the Attorney General shall, within 10 181 days, prepare and submit to the Department of State a revised 182 ballot title or ballot summary that corrects the deficiencies 183 identified by the court, and the Department of State shall 184 furnish a designating number and the revised ballot title or 185 ballot summary to the supervisor of elections of each county for 186 placement on the ballot. The revised ballot summary may exceed 187 75 words in length. The court shall retain jurisdiction over 188 challenges to a revised ballot title or ballot summary prepared 189 by the Attorney General, and any challenge to a revised ballot 190 title or ballot summary must be filed within 10 days after a 191 revised ballot title or ballot summary is submitted to the 192 Department of State. 1933.A ballot statement that consists of the full text of an194amendment or revision shall be presumed to be a clear and195unambiguous statement of the substance and effect of the196amendment or revision, providing fair notice to the electors of197the content of the amendment or revision and sufficiently198advising electors of the issue upon which they are to vote.199 Section 5. Subsection (3) of section 101.5605, Florida 200 Statutes, is amended to read: 201 101.5605 Examination and approval of equipment.— 202 (3)(a) Before the Department of State approves the 203 electronic or electromechanical voting system, the person who 204 submitted it for examination shall provide the department with 205 the name, mailing address, and telephone number of a registered 206 agent, which agent must have and continuously maintain an office 207 in this state. Any change in the name, address, or telephone 208 number of the registered agent shall promptly be made known to 209 the department. 210 (b) Before entering into a contract for the sale or lease 211 of a voting system approved under this section to any county, 212 the person entering into such contract shall provide the 213 department with the name, mailing address, and telephone number 214 of a registered agent, which agent must have and continuously 215 maintain an office in this state. Any change in the name, 216 address, or telephone number of the registered agent shall 217 promptly be made known to the department. 218 (c) The department’s proof of delivery or attempted 219 delivery to the last mailing address of the registered agent on 220 file with the department at the time of delivery or attempted 221 delivery is valid for all notice purposes. 222 (d) Within 30 days after completing the examination and 223 upon approval of any electronic or electromechanical voting 224 system, the Department of State shall make and maintain a report 225 on the system, together with a written or printed description 226 and drawings and photographs clearly identifying the system and 227 the operation thereof. As soon as practicable after such filing, 228 the department shall send a notice of certification and, upon 229 request, a copy of the report to the governing bodies of the 230 respective counties of the state. Any voting system that does 231 not receive the approval of the department mayshallnot be 232 adopted for or used at any election. 233 (e)(b)After a voting system has been approved by the 234 Department of State, any change or improvement in the system is 235 required to be approved by the department prior to the adoption 236 of such change or improvement by any county. If any such change 237 or improvement does not comply with the requirements of this 238 act, the department shall suspend all sales of the equipment or 239 system in the state until the equipment or system complies with 240 the requirements of this act. 241 Section 6. Section 101.56065, Florida Statutes, is created 242 to read: 243 101.56065 Voting system defects; disclosure; 244 investigations; penalties.— 245 (1) For purposes of this section, the term “defect” means: 246 (a) Any failure, fault, or flaw in an electronic or 247 electromechanical voting system approved pursuant to s. 101.5605 248 which results in nonconformance with the standards under which 249 the voting system was approved in a manner that affects the 250 accuracy of the casting or counting of ballots; or 251 (b) Any failure or inability of the voting system 252 manufacturer or vendor to make available hardware or software to 253 the counties that have purchased the approved voting system, the 254 unavailability of which results in the system’s nonconformance 255 with the standards under which the voting system was approved in 256 a manner that affects the accuracy of the casting or counting of 257 ballots. 258 (2)(a) Any person who submits a voting system for approval 259 by the Department of State in accordance with s. 101.5605 which 260 was approved by the department prior to the effective date of 261 this section, and any person who has sold or leased to a county 262 any voting system approved by the department prior to the 263 effective date of this section, shall file with the department a 264 disclosure of any defect in the voting system. If there are no 265 defects in the voting system, the person shall state in the 266 disclosure that no defects exist in the voting system. 267 (b) The disclosure required under this subsection must 268 identify the defect, if any, the effect of the defect on the 269 operation and use of the approved voting system, and any known 270 corrective measures that users of the voting system may take to 271 cure the defect, including, but not limited to, advisories and 272 bulletins issued to users of the system. Implementation of 273 corrective measures approved by the department which enable a 274 system to conform to the standards under which the system was 275 approved and ensure the accuracy of the casting and counting of 276 ballots constitutes a cure of a defect. 277 (c) Each person required to file a disclosure or statement 278 under paragraph (a) shall file it no later than January 1, 2014, 279 and, thereafter, shall file it no later than January 1 of every 280 odd-numbered year. The disclosure or statement required to be 281 filed by January 1, 2014, must include information regarding the 282 filer’s registered agent as provided in s. 101.5605(3). 283 (d) If at any time a person who has submitted a voting 284 system for approval by the department in accordance with s. 285 101.5605 or any person who has sold or leased to a county any 286 voting system approved by the department becomes aware of the 287 existence of a defect in a system that person has submitted for 288 approval or sold or leased to a county, that person shall file 289 with the department a disclosure of the defect within 30 days 290 after a determination by that person that the defect exists. 291 (e) If a person discloses to the department that a defect 292 exists in a voting system, the department may suspend all sales 293 or leases of the voting system in the state and may suspend the 294 use of the system in any elections in the state. The department 295 shall provide written notice of any such suspension to the 296 supervisor of elections in each county in which use of the 297 voting system is suspended. If the department at any time 298 determines that the defect no longer exists, the department may 299 lift the suspension. The department shall provide written notice 300 that the suspension has been lifted to the supervisor of 301 elections in each county in which use of the voting system was 302 suspended. 303 (f) If no person files a required disclosure for a voting 304 system previously approved by the department, that system may 305 not be approved for sale or lease in the state or for use in 306 elections in the state. The department shall provide written 307 notice to all supervisors of elections that the system is no 308 longer approved. After approval of a system has been withdrawn 309 pursuant to this paragraph, no such system may be sold or leased 310 or used in any election in the state until it has been submitted 311 for examination and approval and adopted for use pursuant to s. 312 101.5605. 313 (3)(a) When the department has reasonable cause to believe 314 a voting system approved pursuant to s. 101.5605 contains a 315 defect either before, during, or after an election which has not 316 been disclosed pursuant to subsection (2), the department may 317 investigate whether the voting system has a defect. 318 (b) The department may initiate an investigation pursuant 319 to paragraph (a) on its own initiative or upon the written 320 request of the supervisor of elections of a county that 321 purchased or leased a voting system which contains the alleged 322 defect. 323 (c) Upon initiating an investigation, the department shall 324 provide written notice to any person who submitted the voting 325 system for approval by the department in accordance with s. 326 101.5605, any person who has entered into a contract with any 327 county for the sale or lease of the voting system to any county, 328 and all of the supervisors of elections. 329 (d) In order to carry out the responsibilities prescribed 330 by this section, the department is empowered to subpoena and 331 bring before its duly authorized representatives any person in 332 the state or doing business in the state, or any person who has 333 filed or is required to have filed any application, document, 334 papers, or other information with an office or agency of this 335 state or a political subdivision thereof, to require the 336 production of papers, books, or other records relevant to any 337 investigation. Duly authorized representatives of the department 338 are empowered to administer all oaths and affirmations in the 339 manner prescribed by law to witnesses who appear before them 340 concerning any relevant matter of the investigation. Should any 341 witness fail to respond to the lawful subpoena of the department 342 or fail to answer all lawful inquiries or to turn over evidence 343 that has been subpoenaed, the department may file a complaint 344 before any circuit court of the state, upon the filing of which 345 the court shall take jurisdiction of the witness and the subject 346 matter of said complaint and shall direct the witness to respond 347 to all lawful questions and to produce all documentary evidence 348 in the witness’s possession which is lawfully demanded. The 349 failure of any witness to comply with such order of the court 350 constitutes a direct and criminal contempt of court, and the 351 court shall punish said witness accordingly. 352 (e) The department shall prepare a written report of any 353 investigation conducted pursuant to this section. 354 (4)(a) If the department determines by a preponderance of 355 evidence that a defect exists in the voting system, the 356 department shall provide written notice to any person who 357 submitted the voting system for approval by the department in 358 accordance with s. 101.5605 and any person who entered into a 359 contract for the sale or lease of the voting system to any 360 county in which the system contains the defect. 361 (b) A person entitled to receive notice pursuant to 362 paragraph (a) shall, within 10 days, file a written response to 363 the department which: 364 1. Denies that the alleged defect exists or existed as 365 alleged by the department and sets forth the reasons for such 366 denial; or 367 2. Admits that the defect exists or existed as alleged by 368 the department. 369 (c) If the defect has been cured, the person shall provide 370 an explanation of how the defect was cured. 371 (d) If the defect has not been cured, the person shall 372 inform the department whether the defect can be cured and may 373 provide to the department a plan for curing the defect. If the 374 defect can be cured, the department shall establish a timeframe 375 within which the defect must be cured, and may consult the 376 person filing the response before establishing this timeframe. 377 (5) If after receiving a response from a person entitled to 378 notice, the department determines that a defect does not exist 379 or has been cured within the timeframe established by the 380 department, the department shall take no further action. 381 (6) If the department determines that a defect exists and a 382 person entitled to notice has not filed a written response or 383 has failed to cure a defect within the timeframe established by 384 the department, or if the defect cannot be cured, the department 385 shall impose a civil penalty of $25,000 for the defect plus an 386 amount equal to the actual costs incurred by the department in 387 conducting the investigation against: 388 (a) Any person who submitted the voting system for approval 389 by the department in accordance with s. 101.5605. 390 (b) Any person who entered into a contract with any county 391 for the sale or lease of the voting system to any county in 392 which the defect existed. 393 (7) If the department finds that a defect existed: 394 (a) The department may suspend all sales and leases of the 395 voting system that is the subject of the investigation and may 396 suspend its use in any county in the state. The department shall 397 provide written notice of the suspension to the supervisor of 398 elections in each county in which use of the voting system is 399 suspended. 400 (b) If the department determines that a defect no longer 401 exists in a voting system that has been suspended from use 402 pursuant to paragraph (a), the department may lift the 403 suspension and authorize the sale, lease, and use of the voting 404 system in any election in the state. The department shall 405 provide written notice that the suspension has been lifted and 406 the voting system is authorized for sale and lease and use in 407 elections to the supervisor of elections in each county in which 408 use of the voting system was suspended. 409 (c) If the defect cannot be cured, the department may 410 disapprove the voting system for use in elections in the state. 411 The department shall provide written notice to all supervisors 412 of elections that the system is no longer approved. After 413 approval of a system has been withdrawn pursuant to this 414 paragraph, the system may not be sold, leased, or used in 415 elections in the state until it has been submitted for 416 examination and approval and adopted for use pursuant to s. 417 101.5605. 418 (d) Any person against whom a civil penalty was imposed 419 under this section may not enter into a contract for sale or 420 lease of a voting system in the state until the civil penalties 421 have been paid and the department provides written confirmation 422 to the supervisors of elections of the payment. 423 (8) The authority of the department under this section is 424 in addition to, and not exclusive of, any other authority 425 provided by law. 426 (9) All proceedings under this section are exempt from 427 chapter 120. 428 Section 7. Subsection (4) of section 101.56075, Florida 429 Statutes, is repealed. 430 Section 8. Subsections (1) and (2) of section 101.591, 431 Florida Statutes, are amended, and subsection (4) of that 432 section is republished, to read: 433 101.591 Voting system audit.— 434 (1) Immediately following the certification of each 435 election, the county canvassing board or the local board 436 responsible for certifying the election shall conduct a manual 437 audit or an automated, independent audit of the voting systems 438 used in randomly selected precincts. 439 (2)(a) A manualTheaudit shall consist of a public manual 440 tally of the votes cast in one randomly selected race that 441 appears on the ballot. The tally sheet shall include election 442 day, absentee, early voting, provisional, and overseas ballots, 443 in at least 1 percent but no more than 2 percent of the 444 precincts chosen at random by the county canvassing board or the 445 local board responsible for certifying the election. If 1 446 percent of the precincts is less than one entire precinct, the 447 audit shall be conducted using at least one precinct chosen at 448 random by the county canvassing board or the local board 449 responsible for certifying the election. Such precincts shall be 450 selected at a publicly noticed canvassing board meeting. 451 (b) An automated audit shall consist of a public automated 452 tally of the votes cast across every race that appears on the 453 ballot. The tally sheet shall include election day, absentee, 454 early voting, provisional, and overseas ballots in at least 20 455 percent of the precincts chosen at random by the county 456 canvassing board or the local board responsible for certifying 457 the election. Such precincts shall be selected at a publicly 458 noticed canvassing board meeting. 459 (c) The division shall adopt rules for approval of an 460 independent audit system which provide that the system, at a 461 minimum, must be: 462 1. Completely independent of the primary voting system. 463 2. Fast enough to produce final audit results within the 464 timeframe prescribed in subsection (4). 465 3. Capable of demonstrating that the ballots of record have 466 been accurately adjudicated by the audit system. 467 (4) The audit must be completed and the results made public 468 no later than 11:59 p.m. on the 7th day following certification 469 of the election by the county canvassing board or the local 470 board responsible for certifying the election. 471 Section 9. Subsections (1) and (3) and paragraph (c) of 472 subsection (4) of section 101.62, Florida Statutes, are amended 473 to read: 474 101.62 Request for absentee ballots.— 475 (1)(a) The supervisor shall accept a request for an 476 absentee ballot from an elector in person or in writing. One 477 request shall be deemed sufficient to receive an absentee ballot 478 for all elections through the end of the calendar year of the 479 second ensuing regularly scheduled general election, unless the 480 elector or the elector’s designee indicates at the time the 481 request is made the elections for which the elector desires to 482 receive an absentee ballot. Such request may be considered 483 canceled when any first-class mail sent by the supervisor to the 484 elector is returned as undeliverable. 485 (b) The supervisor may accept a written or telephonic 486 request for an absentee ballot to be mailed to an elector’s 487 address on file in the Florida Voter Registration System from 488 the elector, or, if directly instructed by the elector, a member 489 of the elector’s immediate family, or the elector’s legal 490 guardian; if the ballot is requested to be mailed to an address 491 other than the elector’s address on file in the Florida Voter 492 Registration System, the request must be made in writing and 493 signed by the elector. For purposes of this section, the term 494 “immediate family” has the same meaning as specified in 495 paragraph (4)(c). The person making the request must disclose: 496 1. The name of the elector for whom the ballot is 497 requested. 498 2. The elector’s address. 499 3. The elector’s date of birth. 500 4. The requester’s name. 501 5. The requester’s address. 502 6. The requester’s driver’s license number, if available. 503 7. The requester’s relationship to the elector. 504 8. The requester’s signature (written requests only). 505 (c) Upon receiving a request for an absentee ballot from an 506 absent voter, the supervisor of elections shall notify the voter 507 of the free access system that has been designated by the 508 department for determining the status of his or her absentee 509 ballot. 510 (3) For each request for an absentee ballot received, the 511 supervisor shall record the date the request was made, the date 512 the absentee ballot was delivered to the voter or the voter’s 513 designee or the date the absentee ballot was delivered to the 514 post office or other carrier, the date the ballot was received 515 by the supervisor, the absence of the voter’s signature on the 516 voter’s certificate, if applicable, and such other information 517 he or she may deem necessary. This information shall be provided 518 in electronic format as provided by rule adopted by the 519 division. The information shall be updated and made available no 520 later than 8 a.m. of each day, including weekends, beginning 60 521 days before the primary until 15 days after the general election 522 and shall be contemporaneously provided to the division. This 523 information shall be confidential and exempt fromthe provisions524ofs. 119.07(1) and shall be made available to or reproduced 525 only for the voter requesting the ballot, a canvassing board, an 526 election official, a political party or official thereof, a 527 candidate who has filed qualification papers and is opposed in 528 an upcoming election, and registered political committees or 529 registered committees of continuous existence, for political 530 purposes only. 531 (4) 532 (c) The supervisor shall provide an absentee ballot to each 533 elector by whom a request for that ballot has been made by one 534 of the following means: 535 1. By nonforwardable, return-if-undeliverable mail to the 536 elector’s current mailing address on file with the supervisor or 537 any other address the elector specifies in the request. 538 2. By forwardable mail, e-mail, or facsimile machine 539 transmission to absent uniformed services voters and overseas 540 voters. The absent uniformed services voter or overseas voter 541 may designate in the absentee ballot request the preferred 542 method of transmission. If the voter does not designate the 543 method of transmission, the absentee ballot shall be mailed. 544 3. By personal delivery before 7 p.m. on election day to 545 the elector, upon presentation of the identification required in 546 s. 101.043. 547 4. By delivery to a designee on election day or up to 5 548 days prior to the day of an election. Any elector may designate 549 in writing a person to pick up the ballot for the elector; 550 however, the person designated may not pick up more than two 551 absentee ballots per election, other than the designee’s own 552 ballot, except that additional ballots may be picked up for 553 members of the designee’s immediate family. For purposes of this 554 section, “immediate family” means the designee’s spouse or the 555 parent, child, grandparent, or sibling of the designee or of the 556 designee’s spouse. The designee shall provide to the supervisor 557 the written authorization by the elector and a picture 558 identification of the designee and must complete an affidavit. 559 The designee shall state in the affidavit that the designee is 560 authorized by the elector to pick up that ballot and shall 561 indicate if the elector is a member of the designee’s immediate 562 family and, if so, the relationship. The department shall 563 prescribe the form of the affidavit. If the supervisor is 564 satisfied that the designee is authorized to pick up the ballot 565 and that the signature of the elector on the written 566 authorization matches the signature of the elector on file, the 567 supervisor shall give the ballot to that designee for delivery 568 to the elector. 569 5. Except as provided in s. 101.655, the supervisor may not 570 deliver an absentee ballot to an elector or an elector’s 571 immediate family member on the day of the election unless there 572 is an emergency, to the extent that the elector will be unable 573 to go to his or her assigned polling place. If an absentee 574 ballot is delivered, the elector or his or her designee shall 575 execute an affidavit affirming to the facts which allow for 576 delivery of the absentee ballot. The department shall adopt a 577 rule providing for the form of the affidavit. 578 Section 10. Subsections (1) through (3) of section 101.64, 579 Florida Statutes, are amended to read: 580 101.64 Delivery of absentee ballots; envelopes; form.— 581 (1) The supervisor shall enclose with each absentee ballot 582 two envelopes: a secrecy envelope, into which the absent elector 583 shall enclose his or her marked ballot; and a mailing envelope, 584 into which the absent elector shall then place the secrecy 585 envelope, which shall be addressed to the supervisor and also 586 bear on the back side a certificate in substantially the 587 following form: 588 589 Note: Please Read Instructions Carefully Before 590 Marking Ballot and Completing Voter’s Certificate. 591 592 VOTER’S CERTIFICATE 593 I, ...., do solemnly swear or affirm that I am a qualified 594 and registered voter of .... County, Florida, and that I have 595 not and will not vote more than one ballot in this election. I 596 understand that if I commit or attempt to commit any fraud in 597 connection with voting, vote a fraudulent ballot, or vote more 598 than once in an election, I can be convicted of a felony of the 599 third degree and fined up to $5,000 and/or imprisoned for up to 600 5 years. I also understand that failure to sign this certificate 601 will invalidate my ballot. 602 603 ...(Date)... ...(Voter’s Signature)... 604 605 Note: Your Signature Must Be Witnessed by One Witness 18 Years 606 of Age or Older as Provided in the Instruction Sheet. 607 608 I swear or affirm that the voter signed this Voter’s Certificate 609 in my presence. 610 611 ...(Signature of Witness)... 612 613 ...(Printed Name of Witness)... 614 615 ...(Date)... 616 ...(Address)... 617 618 (2) The certificate shall be arranged on the back of the 619 mailing envelope so that the line for the signature of the 620 absent elector is across the seal of the envelope; however, no 621 statement shall appear on the envelope which indicates that a 622 signature of the voter must cross the seal of the envelope. The 623 absent elector and the attesting witness shall execute the 624 certificate on the envelope. A candidate may not serve as an 625 attesting witness. 626 (3) In lieu of the voter’s certificate provided in this 627 section, the supervisor of elections shall provide each person 628 voting absentee under the Uniformed and Overseas Citizens 629 Absentee Voting Act with the standard oath prescribed by the 630 presidential designee with an appended section in substantially 631 the following form:.632 633 Witness signature and date: 634 635 ...(Signature of Witness)... 636 637 ...(Printed Name of Witness)... 638 639 ...(Address)... 640 ...(Date)... 641 Section 11. Section 101.65, Florida Statutes, is amended to 642 read: 643 101.65 Instructions to absent electors.—The supervisor 644 shall enclose with each absentee ballot separate printed 645 instructions in substantially the following form: 646 647 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT. 648 1. VERY IMPORTANT. In order to ensure that your absentee 649 ballot will be counted, it should be completed and returned as 650 soon as possible so that it can reach the supervisor of 651 elections of the county in which your precinct is located no 652 later than 7 p.m. on the day of the election. However, if you 653 are an overseas voter casting a ballot in a presidential 654 preference primary or general election, your absentee ballot 655 must be postmarked or signed and dated no later than the date of 656 the election and received by the supervisor of elections of the 657 county in which you are registered to vote no later than 10 days 658 after the date of the election. 659 2. Mark your ballot in secret as instructed on the ballot. 660 You must mark your own ballot unless you are unable to do so 661 because of blindness, disability, or inability to read or write. 662 3. Mark only the number of candidates or issue choices for 663 a race as indicated on the ballot. If you are allowed to “Vote 664 for One” candidate and you vote for more than one candidate, 665 your vote in that race will not be counted. 666 4. Place your marked ballot in the enclosed secrecy 667 envelope. 668 5. Insert the secrecy envelope into the enclosed mailing 669 envelope which is addressed to the supervisor. 670 6. Seal the mailing envelope and completely fill out the 671 Voter’s Certificate on the back of the mailing envelope. 672 7. VERY IMPORTANT. In order for your absentee ballot to be 673 counted, you must sign your name on the line above (Voter’s 674 Signature). An absentee ballot will be considered illegal and 675 not be counted if the signature on the voter’s certificate does 676 not match the signature on record. The signature on file at the 677 start of the canvass of the absentee ballots is the signature 678 that will be used to verify your signature on the voter’s 679 certificate. If you need to update your signature for this 680 election, send your signature update on a voter registration 681 application to your supervisor of elections so that it is 682 received no later than the start of the canvassing of absentee 683 ballots, which occurs no earlier than the 15th day before 684 election day. 685 8. VERY IMPORTANT. In order for your absentee ballot to be 686 counted, it must include the signature and legible address of an 687 attesting witness 18 years of age or older affixed to the 688 Voter’s Certificate. If the signature is illegible, the Voter’s 689 Certificate must also include a readable printed name of the 690 attesting witness. A candidate may not serve as an attesting 691 witness. 692 9.8.VERY IMPORTANT. If you are an overseas voter, you must 693 include the date you signed the Voter’s Certificate on the line 694 above (Date) or your ballot may not be counted. 695 10.9.Mail, deliver, or have delivered the completed 696 mailing envelope. Be sure there is sufficient postage if mailed. 697 11.10.FELONY NOTICE. It is a felony under Florida law to 698 accept any gift, payment, or gratuity in exchange for your vote 699 for a candidate. It is also a felony under Florida law to vote 700 in an election using a false identity or false address, or under 701 any other circumstances making your ballot false or fraudulent. 702 Section 12. Paragraphs (a) and (d) of subsection (1) of 703 section 101.657, Florida Statutes, are amended to read: 704 101.657 Early voting.— 705 (1)(a) As a convenience to the voter, the supervisor of 706 elections shall allow an elector to vote early in the main or 707 branch office of the supervisor. The supervisor shall mark, 708 code, indicate on, or otherwise track the voter’s precinct for 709 each early voted ballot. In order for a branch office to be used 710 for early voting, it shall be a permanent facility of the 711 supervisor and shall have been designated and used as such for 712 at least 1 year prior to the election. The supervisor may also 713 designate any city hall,orpermanent public library facility, 714 fairground, civic center, courthouse, county commission 715 building, stadium, convention center, government-owned senior 716 center, or government-owned community center as early voting 717 sites; however, if so designated, the sites must be 718 geographically located so as to provide all voters in the county 719 an equal opportunity to cast a ballot, insofar as is 720 practicable. If a supervisor is unable to provide an early 721 voting site in an area of the county due to the nonexistence of 722 any of the designated locations, the supervisor may designate 723 one early voting site that is geographically located to provide 724 all voters an equal opportunity to vote early in that area. Each 725 county shall, at a minimum, operate the same total number of 726 early voting sites that the county used for the 2012 general 727 election. The results or tabulation of votes cast during early 728 voting may not be made before the close of the polls on election 729 day. Results shall be reported by precinct. 730 (d) Early voting shall begin on the 10th day before an 731 election that contains state or federal races and end on the 3rd 732 day before the election, and shall be provided for no less than 733 86hours and no more than 12 hours per day at each site during 734 the applicable period. In addition, early voting may be offered 735 at the discretion of the supervisor of elections on the 15th, 736 14th, 13th, 12th, 11th, or 2nd day before an election that 737 contains state or federal races for at least 8 hours per day, 738 but not more than 12 hours per day. The supervisor of elections 739 may provide early voting for elections that are not held in 740 conjunction with a state or federal election. However, the 741 supervisor has the discretion to determine the hours of 742 operation of early voting sites in those elections. 743 Section 13. Subsection (2) of section 101.67, Florida 744 Statutes, is amended to read: 745 101.67 Safekeeping of mailed ballots; deadline for 746 receiving absentee ballots.— 747 (2) Except as provided in s. 101.6952(5), all marked absent 748 electors’ ballots to be counted must be received by the 749 supervisor by 7 p.m. the day of the election. All ballots 750 received thereafter shall be marked with the time and date of 751 receipt and filed in the supervisor’s office. 752 Section 14. Subsections (1) and (4) of section 101.68, 753 Florida Statutes, are amended, and subsection (2) of that 754 section is reenacted and amended, to read: 755 101.68 Canvassing of absentee ballot.— 756 (1) The supervisor of the county where the absent elector 757 resides shall receive the voted ballot, at which time the 758 supervisor shall compare the signature of the elector on the 759 voter’s certificate with the signature of the elector in the 760 registration books or the precinct register to determine whether 761 the elector is duly registered in the county and may record on 762 the elector’s registration certificate that the elector has 763 voted. However, effective July 1, 2005, an elector who dies 764 after casting an absentee ballot but on or before election day 765 shall remain listed in the registration books until the results 766 have been certified for the election in which the ballot was 767 cast. The supervisor shall safely keep the ballot unopened in 768 his or her office until the county canvassing board canvasses 769 the vote. Except as provided in subsection (4), after an 770 absentee ballot is received by the supervisor, the ballot is 771 deemed to have been cast, and changes or additions may not be 772 made to the voter’s certificate. 773 (2)(a) The county canvassing board may begin the canvassing 774 of absentee ballots at 7 a.m. on the 15th day before the 775 election, but not later than noon on the day following the 776 election. In addition, for any county using electronic 777 tabulating equipment, the processing of absentee ballots through 778 such tabulating equipment may begin at 7 a.m. on the 15th day 779 before the election. However, notwithstanding any such 780 authorization to begin canvassing or otherwise processing 781 absentee ballots early, no result shall be released until after 782 the closing of the polls in that county on election day. Any 783 supervisor of elections, deputy supervisor of elections, 784 canvassing board member, election board member, or election 785 employee who releases the results of a canvassing or processing 786 of absentee ballots prior to the closing of the polls in that 787 county on election day commits a felony of the third degree, 788 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 789 (b) To ensure that all absentee ballots to be counted by 790 the canvassing board are accounted for, the canvassing board 791 shall compare the number of ballots in its possession with the 792 number of requests for ballots received to be counted according 793 to the supervisor’s file or list. 794 (c)1. The canvassing board shall, if the supervisor has not 795 already done so, compare the signature of the elector on the 796 voter’s certificate or on the absentee ballot affidavit as 797 provided in subsection (4) with the signature of the elector in 798 the registration books or the precinct register to see that the 799 elector is duly registered in the county and to determine the 800 legality of that absentee ballot. The ballot of an elector who 801 casts an absentee ballot shall be counted even if the elector 802 dies on or before election day, as long as, prior to the death 803 of the voter, the ballot was postmarked by the United States 804 Postal Service, date-stamped with a verifiable tracking number 805 by common carrier, or already in the possession of the 806 supervisor of elections. An absentee ballot shall be considered 807 illegal if the voter’s certificate or absentee ballot affidavit 808itdoes not include the signature of the elector, as shown by 809 the registration records or the precinct register, along with 810 the signature and legible address of an attesting witness; 811 however, if the signature of the attesting witness is illegible, 812 the printed name of the attesting witness must clearly identify 813 the name of the witness or the ballot shall be considered 814 illegal. However, an absentee ballot isshallnotbeconsidered 815 illegal if the signature of the elector does not cross the seal 816 of the mailing envelope. If the canvassing board determines that 817 any ballot is illegal, a member of the board shall, without 818 opening the envelope, mark across the face of the envelope: 819 “rejected as illegal.” The absentee ballot affidavit, if 820 applicable, the envelope and the ballot contained therein shall 821 be preserved in the manner that official ballots voted are 822 preserved. 823 2. If any elector or candidate present believes that an 824 absentee ballot is illegal due to a defect apparent on the 825 voter’s certificate or the absentee ballot affidavit, he or she 826 may, at any time before the ballot is removed from the envelope, 827 file with the canvassing board a protest against the canvass of 828 that ballot, specifying the precinct, the ballot, and the reason 829 he or she believes the ballot to be illegal. A challenge based 830 upon a defect in the voter’s certificate or absentee ballot 831 affidavit may not be accepted after the ballot has been removed 832 from the mailing envelope. 833 (d) The canvassing board shall record the ballot upon the 834 proper record, unless the ballot has been previously recorded by 835 the supervisor. The mailing envelopes shall be opened and the 836 secrecy envelopes shall be mixed so as to make it impossible to 837 determine which secrecy envelope came out of which signed 838 mailing envelope; however, in any county in which an electronic 839 or electromechanical voting system is used, the ballots may be 840 sorted by ballot styles and the mailing envelopes may be opened 841 and the secrecy envelopes mixed separately for each ballot 842 style. The votes on absentee ballots shall be included in the 843 total vote of the county. 844 (4)(a) The supervisor of elections shall, on behalf of the 845 county canvassing board, notify each elector whose ballot was 846 rejected as illegal and provide the specific reason the ballot 847 was rejectedbecause of a difference between the elector’s848signature on the ballot and that on the elector’s voter849registration record. The supervisor shall mail a voter 850 registration application to the elector to be completed 851 indicating the elector’s current signature if the elector’s 852 ballot was rejected due to a difference between the elector’s 853 signature on the voter’s certificate or absentee ballot 854 affidavit and the elector’s signature in the registration books 855 or precinct register. This section does not prohibit the 856 supervisor from providing additional methods for updating an 857 elector’s signature. 858 (b) If the canvassing board has not begun the canvassing of 859 absentee ballots pursuant to subsection (2), the supervisor 860 shall allow an elector who has returned an absentee ballot that 861 does not include the elector’s signature to complete an 862 affidavit in order to cure the unsigned absentee ballot. 863 (c) The elector shall provide identification to the 864 supervisor and must complete an absentee ballot affidavit in 865 substantially the following form: 866 867 ABSENTEE BALLOT AFFIDAVIT 868 I, ...., am a qualified voter in this election and 869 registered voter of .... County, Florida. I do solemnly swear or 870 affirm that I requested and returned the absentee ballot and 871 that I have not and will not vote more than one ballot in this 872 election. I understand that if I commit or attempt any fraud in 873 connection with voting, vote a fraudulent ballot, or vote more 874 than once in an election, I may be convicted of a felony of the 875 third degree and fined up to $5,000 and imprisoned for up to 5 876 years. I understand that my failure to sign this affidavit means 877 that my absentee ballot will be invalidated. 878 879 ...(Voter’s Signature)... 880 881 ...(Address)... 882 883 Note: Your Signature Must Be Witnessed by One Witness 18 Years 884 of Age or Older. 885 886 I swear or affirm that the voter signed this Absentee 887 Ballot Affidavit in my presence. 888 889 ...(Signature of Witness)... 890 891 ...(Printed Name of Witness)... 892 893 ...(Date)... 894 ...(Address)... 895 896 (d) Instructions must accompany the absentee ballot 897 affidavit in substantially the following form: 898 899 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 900 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 901 BALLOT NOT TO COUNT. 902 903 1. In order to ensure that your absentee ballot will be 904 counted, your affidavit should be completed and returned as soon 905 as possible so that it can reach the supervisor of elections of 906 the county in which your precinct is located no later than the 907 start of the canvassing of absentee ballots, which occurs no 908 earlier than the 15th day before an election. 909 2. You must sign your name on the line above (Voter’s 910 Signature). 911 3. You must have your signature witnessed by a person 18 912 years of age or older. Have the witness sign on the line above 913 (Signature of Witness) and include his or her legible address. 914 If the signature is illegible, the affidavit must also include a 915 readable, printed name of the attesting witness. A candidate may 916 not serve as an attesting witness. 917 4. You must make a copy of one of the following forms of 918 identification: 919 a. Identification which must include your name and 920 photograph: United States passport; debit or credit card; 921 military identification; student identification; retirement 922 center identification; neighborhood association identification; 923 or public assistance identification; or 924 b. Identification which shows your name and current 925 residence address: current utility bill, bank statement, 926 government check, paycheck, or government document (excluding 927 voter identification card). 928 5. Place the envelope bearing the affidavit into a mailing 929 envelope addressed to the supervisor. Insert a copy of your 930 identification in the mailing envelope. 931 6. Mail, deliver, or have delivered the completed affidavit 932 along with the copy of your identification to your county 933 supervisor of elections. Be sure there is sufficient postage if 934 mailed and that the supervisor’s address is correct. 935 (e) The department and each supervisor shall include the 936 affidavit and instructions on their respective websites. The 937 supervisor must include his or her office’s mailing address on 938 the page containing the affidavit instructions; the department’s 939 instruction page must include the office mailing addresses of 940 all supervisors of elections or provide a conspicuous link to 941 such addresses. 942 (f) The supervisor shall attach each affidavit received to 943 the appropriate absentee ballot mailing envelope. 944 Section 15. Subsections (3) and (4) of section 101.6921, 945 Florida Statutes, are amended to read: 946 101.6921 Delivery of special absentee ballot to certain 947 first-time voters.— 948 (3) The Voter’s Certificate shall be in substantially the 949 following form: 950 951 Note: Please Read Instructions Carefully Before Marking Ballot 952 and Completing Voter’s Certificate. 953 954 VOTER’S CERTIFICATE 955 956 I, ...., do solemnly swear or affirm that I am a qualified 957 and registered voter of .... County, Florida, and that I have 958 not and will not vote more than one ballot in this election. I 959 understand that if I commit or attempt to commit any fraud in 960 connection with voting, vote a fraudulent ballot, or vote more 961 than once in an election, I can be convicted of a felony of the 962 third degree and fined up to $5,000 and/or imprisoned for up to 963 5 years. I also understand that failure to sign this certificate 964 will invalidate my ballot. I understand that unless I meet one 965 of the exemptions below, I must provide a copy of a current and 966 valid identification as provided in the instruction sheet to the 967 supervisor of elections in order for my ballot to count. 968 I further certify that I am exempt from the requirements to 969 furnish a copy of a current and valid identification with my 970 ballot because of one or more of the following (check all that 971 apply): 972 ☐ I am 65 years of age or older. 973 ☐ I have a permanent or temporary physical disability. 974 ☐ I am a member of a uniformed service on active duty who, 975 by reason of such active duty, will be absent from the county on 976 election day. 977 ☐ I am a member of the Merchant Marine who, by reason of 978 service in the Merchant Marine, will be absent from the county 979 on election day. 980 ☐ I am the spouse or dependent of a member of the uniformed 981 service or Merchant Marine who, by reason of the active duty or 982 service of the member, will be absent from the county on 983 election day. 984 ☐ I am currently residing outside the United States. 985 986 ...(Date)... ...Voter’s Signature... 987 988 Note: Your Signature Must Be Witnessed as Provided in the 989 Instruction Sheet By One Witness 18 Years of Age or Older. 990 991 I swear or affirm that the voter signed this Voter’s Certificate 992 in my presence. 993 994 ...(Signature of Witness)... 995 996 ...(Printed Name of Witness)... 997 998 ...(Date)... 999 ...(Address)... 1000 1001 (4) The certificate shall be arranged on the back of the 1002 envelope so that the line for the signature of the absent 1003 elector is across the seal of the envelope. 1004 Section 16. Subsection (2) of section 101.6923, Florida 1005 Statutes, is amended to read: 1006 101.6923 Special absentee ballot instructions for certain 1007 first-time voters.— 1008 (2) A voter covered by this section shall be provided with 1009 printed instructions with his or her absentee ballot in 1010 substantially the following form: 1011 1012 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR 1013 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 1014 YOUR BALLOT NOT TO COUNT. 1015 1016 1. In order to ensure that your absentee ballot will be 1017 counted, it should be completed and returned as soon as possible 1018 so that it can reach the supervisor of elections of the county 1019 in which your precinct is located no later than 7 p.m. on the 1020 date of the election. However, if you are an overseas voter 1021 casting a ballot in a presidential preference primary or general 1022 election, your absentee ballot must be postmarked or signed and 1023 dated no later than the date of the election and received by the 1024 supervisor of elections of the county in which you are 1025 registered to vote no later than 10 days after the date of the 1026 election. 1027 2. Mark your ballot in secret as instructed on the ballot. 1028 You must mark your own ballot unless you are unable to do so 1029 because of blindness, disability, or inability to read or write. 1030 3. Mark only the number of candidates or issue choices for 1031 a race as indicated on the ballot. If you are allowed to “Vote 1032 for One” candidate and you vote for more than one, your vote in 1033 that race will not be counted. 1034 4. Place your marked ballot in the enclosed secrecy 1035 envelope and seal the envelope. 1036 5. Insert the secrecy envelope into the enclosed envelope 1037 bearing the Voter’s Certificate. Seal the envelope and 1038 completely fill out the Voter’s Certificate on the back of the 1039 envelope. 1040 a. You must sign your name on the line above (Voter’s 1041 Signature). 1042 b. You must have your signature witnessed by a person 18 1043 years of age or older. Have the witness sign on the line above 1044 (Signature of Witness) and include his or her legible address. 1045 If the signature is illegible, the Voter’s Certificate must also 1046 include a readable printed name of the attesting witness. A 1047 candidate may not serve as an attesting witness. 1048 c.b.If you are an overseas voter, you must include the 1049 date you signed the Voter’s Certificate on the line above (Date) 1050 or your ballot may not be counted. 1051 d.c.An absentee ballot will be considered illegal and will 1052 not be counted if the signature on the Voter’s Certificate does 1053 not match the signature on record. The signature on file at the 1054 start of the canvass of the absentee ballots is the signature 1055 that will be used to verify your signature on the Voter’s 1056 Certificate. If you need to update your signature for this 1057 election, send your signature update on a voter registration 1058 application to your supervisor of elections so that it is 1059 received no later than the start of canvassing of absentee 1060 ballots, which occurs no earlier than the 15th day before 1061 election day. 1062 6. Unless you meet one of the exemptions in Item 7., you 1063 must make a copy of one of the following forms of 1064 identification: 1065 a. Identification which must include your name and 1066 photograph: United States passport; debit or credit card; 1067 military identification; student identification; retirement 1068 center identification; neighborhood association identification; 1069 or public assistance identification; or 1070 b. Identification which shows your name and current 1071 residence address: current utility bill, bank statement, 1072 government check, paycheck, or government document (excluding 1073 voter identification card). 1074 7. The identification requirements of Item 6. do not apply 1075 if you meet one of the following requirements: 1076 a. You are 65 years of age or older. 1077 b. You have a temporary or permanent physical disability. 1078 c. You are a member of a uniformed service on active duty 1079 who, by reason of such active duty, will be absent from the 1080 county on election day. 1081 d. You are a member of the Merchant Marine who, by reason 1082 of service in the Merchant Marine, will be absent from the 1083 county on election day. 1084 e. You are the spouse or dependent of a member referred to 1085 in paragraph c. or paragraph d. who, by reason of the active 1086 duty or service of the member, will be absent from the county on 1087 election day. 1088 f. You are currently residing outside the United States. 1089 8. Place the envelope bearing the Voter’s Certificate into 1090 the mailing envelope addressed to the supervisor. Insert a copy 1091 of your identification in the mailing envelope. DO NOT PUT YOUR 1092 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR 1093 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR 1094 BALLOT WILL NOT COUNT. 1095 9. Mail, deliver, or have delivered the completed mailing 1096 envelope. Be sure there is sufficient postage if mailed. 1097 10. FELONY NOTICE. It is a felony under Florida law to 1098 accept any gift, payment, or gratuity in exchange for your vote 1099 for a candidate. It is also a felony under Florida law to vote 1100 in an election using a false identity or false address, or under 1101 any other circumstances making your ballot false or fraudulent. 1102 Section 17. Subsection (5) is added to section 101.6952, 1103 Florida Statutes, to read: 1104 101.6952 Absentee ballots for absent uniformed services and 1105 overseas voters.— 1106 (5) An absentee ballot from an overseas voter in any 1107 presidential preference primary or general election which is 1108 postmarked or signed and dated no later than the date of the 1109 election and is received by the supervisor of elections of the 1110 county in which the overseas voter is registered no later than 1111 10 days after the date of the election shall be counted as long 1112 as the absentee ballot is otherwise proper. 1113 Section 18. Paragraphs (b) and (d) of subsection (4) of 1114 section 102.031, Florida Statutes, are amended to read: 1115 102.031 Maintenance of good order at polls; authorities; 1116 persons allowed in polling rooms and early voting areas; 1117 unlawful solicitation of voters.— 1118 (4) 1119 (b) For the purpose of this subsection, the terms “solicit” 1120 or “solicitation” shall include, but not be limited to, seeking 1121 or attempting to seek any vote, fact, opinion, or contribution; 1122 distributing or attempting to distribute any political or 1123 campaign material, leaflet, or handout; conducting a poll except 1124 as specified in this paragraph; seeking or attempting to seek a 1125 signature on any petition; and selling or attempting to sell any 1126 item. The terms “solicit” or “solicitation” mayshallnot be 1127 construed to prohibit exit polling. 1128 (d) Except as provided in paragraph (a), the supervisor may 1129 not designate a no-solicitation zone or otherwise restrict 1130 access to any person, political committee, committee of 1131 continuous existence, candidate, or other group or organization 1132 for the purposes of soliciting voters. This paragraph applies to 1133 any public or private property used as a polling place or early 1134 voting site. 1135 Section 19. Subsections (1) and (4) of section 102.141, 1136 Florida Statutes, are amended to read: 1137 102.141 County canvassing board; duties.— 1138 (1) The county canvassing board shall be composed of the 1139 supervisor of elections; a county court judge, who shall act as 1140 chair; and the chair of the board of county commissioners. 1141 Alternate canvassing board members must be appointed pursuant to 1142 paragraph (e). In the event any member of the county canvassing 1143 board is unable to serve, is a candidate who has opposition in 1144 the election being canvassed, or is an active participant in the 1145 campaign or candidacy of any candidate who has opposition in the 1146 election being canvassed, such member shall be replaced as 1147 follows: 1148 (a) If no county court judge is able to serve or if all are 1149 disqualified, the chief judge of the judicial circuit in which 1150 the county is located shall appoint as a substitute member a 1151 qualified elector of the county who is not a candidate with 1152 opposition in the election being canvassed and who is not an 1153 active participant in the campaign or candidacy of any candidate 1154 with opposition in the election being canvassed. In such event, 1155 the members of the county canvassing board shall meet and elect 1156 a chair. 1157 (b) If the supervisor of elections is unable to serve or is 1158 disqualified, the chair of the board of county commissioners 1159 shall appoint as a substitute member a member of the board of 1160 county commissioners who is not a candidate with opposition in 1161 the election being canvassed and who is not an active 1162 participant in the campaign or candidacy of any candidate with 1163 opposition in the election being canvassed. The supervisor, 1164 however, shall act in an advisory capacity to the canvassing 1165 board. 1166 (c) If the chair of the board of county commissioners is 1167 unable to serve or is disqualified, the board of county 1168 commissioners shall appoint as a substitute member one of its 1169 members who is not a candidate with opposition in the election 1170 being canvassed and who is not an active participant in the 1171 campaign or candidacy of any candidate with opposition in the 1172 election being canvassed. 1173 (d) If a substitute member or alternate member cannot be 1174 appointed as provided elsewhere in this subsection, or in the 1175 event of a vacancy in such office, the chief judge of the 1176 judicial circuit in which the county is located shall appoint as 1177 a substitute member or alternate member a qualified elector of 1178 the county who is not a candidate with opposition in the 1179 election being canvassed and who is not an active participant in 1180 the campaign or candidacy of any candidate with opposition in 1181 the election being canvassed. 1182 (e)1. The chief judge of the judicial circuit in which the 1183 county is located shall appoint a county court judge as an 1184 alternate member of the county canvassing board or, if each 1185 county court judge is unable to serve or is disqualified, shall 1186 appoint an alternate member who is qualified to serve as a 1187 substitute member under paragraph (a). 1188 2. The chair of the board of county commissioners shall 1189 appoint a member of the board of county commissioners as an 1190 alternate member of the county canvassing board or, if each 1191 member of the board of county commissioners is unable to serve 1192 or is disqualified, shall appoint an alternate member who is 1193 qualified to serve as a substitute member under paragraph (d). 1194 3. If a member of the county canvassing board is unable to 1195 participate in a meeting of the board, the chair of the county 1196 canvassing board or his or her designee shall designate which 1197 alternate member will serve as a member of the board in the 1198 place of the member who is unable to participate at that 1199 meeting. 1200 4. If not serving as one of the three members of the county 1201 canvassing board, an alternate member may be present, observe, 1202 and communicate with the three members constituting the county 1203 canvassing board, but may not vote in the board’s decisions or 1204 determinations. 1205 (4)(a) The supervisor of elections shall upload into the 1206 county’s election management system by 7 p.m. on the day before 1207 the election the results of all early voting and absentee 1208 ballots that have been canvassed and tabulated by the end of the 1209 early voting period. Pursuant to ss. 101.5614(9), 101.657, and 1210 101.68(2), the tabulation of votes cast or the results of such 1211 uploads may not be made public before the close of the polls on 1212 election day. 1213 (b) The canvassing board shall report all early voting and 1214 all tabulated absentee results to the Department of State within 1215 30 minutes after the polls close. Thereafter, the canvassing 1216 board shall report, with the exception of provisional ballot 1217 results, updated precinct election results to the department at 1218 least every 45 minutes until all results are completely 1219 reported. The supervisor of elections shall notify the 1220 department immediately of any circumstances that do not permit 1221 periodic updates as required. Results shall be submitted in a 1222 format prescribed by the department. 1223 Section 20. Section 104.0616, Florida Statutes, is amended 1224 to read: 1225 104.0616 Absentee ballots and voting; violations.— 1226 (1) For purposes of this section, the term “immediate 1227 family” means a person’s spouse or the parent, child, 1228 grandparent, or sibling of the person or the person’s spouse. 1229 (2) Any person who provides or offers to provide, and any 1230 person who accepts, a pecuniary or other benefit in exchange for 1231 distributing, ordering, requesting, collecting, delivering, or 1232 otherwise physically possessing more than two absentee ballots 1233 per election in addition to his or her own ballot or a ballot 1234 belonging to an immediate family member,with intent to alter,1235change, modify, or erase any vote on the absentee ballot,except 1236 as provided in ss. 101.6105-101.695, commits a felony of the 1237 third degree, punishable as provided in s. 775.082, s. 775.083, 1238 or s. 775.084. 1239 Section 21. This act shall take effect October 1, 2013.