Bill Text: FL S0900 | 2010 | Regular Session | Comm Sub

Bill Title: Voting [GPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-04-26 - Placed on Special Order Calendar; Read 2nd time -SJ 00819; Amendment(s) adopted (952218) -SJ 00820; Amendment(s) failed -SJ 00820; Substituted CS/CS/HB 131 -SJ 00820; Laid on Table, companion bill(s) passed, see CS/CS/HB 131 (Ch. 2010-167) -SJ 00820 [S0900 Detail]

Download: Florida-2010-S0900-Comm_Sub.html
       Florida Senate - 2010                       CS for CS for SB 900 
       By the Committees on Transportation and Economic Development 
       Appropriations; and Ethics and Elections; and Senator Thrasher 
       606-05207-10                                           2010900c2 
    1                        A bill to be entitled                       
    2         An act relating to voting; amending s. 97.021, F.S.; 
    3         defining the term “absent uniformed services voter”; 
    4         revising the definition of the term “overseas voter”; 
    5         amending s. 98.0981, F.S., relating to statewide voter 
    6         information; conforming a cross-reference; amending s. 
    7         101.56075, F.S.; extending the deadline by which 
    8         persons with disabilities will be required to vote on 
    9         voter interface devices that meet certain 
   10         requirements; amending s. 101.62, F.S.; requiring the 
   11         supervisor of elections to notify the absent uniformed 
   12         services voter and overseas voter of the free access 
   13         system for determining absentee ballot status; 
   14         providing a timeframe for an absentee ballot to be 
   15         sent to each absent uniformed services voter and 
   16         overseas voter; providing acceptable formats for 
   17         requesting an absentee ballot; modifying circumstances 
   18         under which the Department of State is authorized to 
   19         prescribe rules for a ballot to be sent to absent 
   20         uniformed services voters and overseas voters; 
   21         amending s. 101.694, F.S.; conforming timeframes for 
   22         sending an absentee ballot upon receipt of a federal 
   23         postcard application to those prescribed in s. 101.62, 
   24         F.S.; deleting the requirement for a federal postcard 
   25         application request to be effective through two 
   26         regularly scheduled general elections pursuant to 
   27         changes in federal law; amending s. 101.6952, F.S.; 
   28         revising responsibilities of the supervisor of 
   29         elections when an absent uniformed services voter’s or 
   30         overseas voter’s request for an absentee ballot 
   31         includes an e-mail address; requiring the supervisor 
   32         to record the e-mail address in the absentee ballot 
   33         record and, via e-mail, confirm that the request was 
   34         received, inform the voter of the estimated date the 
   35         absentee ballot will be sent, and notify the voter 
   36         when the voted absentee ballot is received; amending 
   37         s. 379.352, F.S., relating to recreational licenses 
   38         and permits; conforming cross-references; providing 
   39         effective dates. 
   41  Be It Enacted by the Legislature of the State of Florida: 
   43         Section 1. Subsections (2) through (43) of section 97.021, 
   44  Florida Statutes, are renumbered as subsections (3) through 
   45  (44), respectively, a new subsection (2) is added to that 
   46  section, and present subsection (22) of that section is amended, 
   47  to read: 
   48         97.021 Definitions.—For the purposes of this code, except 
   49  where the context clearly indicates otherwise, the term: 
   50         (2) “Absent uniformed services voter” means: 
   51         (a) A member of a uniformed service on active duty who, by 
   52  reason of such active duty, is absent from the place of 
   53  residence where the member is otherwise qualified to vote; 
   54         (b) A member of the Merchant Marine who, by reason of 
   55  service in the Merchant Marine, is absent from the place of 
   56  residence where the member is otherwise qualified to vote; or 
   57         (c) A spouse or dependent of a member referred to in 
   58  paragraph (a) or paragraph (b) who, by reason of the active duty 
   59  or service of the member, is absent from the place of residence 
   60  where the spouse or dependent is otherwise qualified to vote. 
   61         (23)(22) “Overseas voter” means: 
   62         (a) An absent uniformed services voter who, by reason of 
   63  active duty or service, is absent from the United States on the 
   64  date of the election involved Members of the uniformed services 
   65  while in the active service who are permanent residents of the 
   66  state and are temporarily residing outside the territorial 
   67  limits of the United States and the District of Columbia; 
   68         (b) A person who resides outside the United States and is 
   69  qualified to vote in the last place in which the person was 
   70  domiciled before leaving the United States Members of the 
   71  Merchant Marine of the United States who are permanent residents 
   72  of the state and are temporarily residing outside the 
   73  territorial limits of the United States and the District of 
   74  Columbia; or and 
   75         (c) A person who resides outside the United States and, but 
   76  for such residence, would be qualified to vote in the last place 
   77  in which the person was domiciled before leaving the United 
   78  States Other citizens of the United States who are permanent 
   79  residents of the state and are temporarily residing outside the 
   80  territorial limits of the United States and the District of 
   81  Columbia, 
   83  who are qualified and registered to vote as provided by law. 
   84         Section 2. Subsection (3) of section 98.0981, Florida 
   85  Statutes, is amended to read: 
   86         98.0981 Reports; voting history; statewide voter 
   87  registration system information; precinct-level election 
   88  results; book closing statistics.— 
   89         (3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.—After the date 
   90  of book closing but before the date of an election as defined in 
   91  s. 97.021(11) s. 97.021(10) to fill a national, state, county, 
   92  or district office, or to vote on a proposed constitutional 
   93  amendment, the department shall compile the following precinct 
   94  level statistical data for each county: 
   95         (a) Precinct numbers. 
   96         (b) Total number of active registered voters by party for 
   97  each precinct. 
   98         Section 3. Subsection (3) of section 101.56075, Florida 
   99  Statutes, is amended to read: 
  100         101.56075 Voting methods.— 
  101         (3) By 2016 2012, persons with disabilities shall vote on a 
  102  voter interface device that meets the voter accessibility 
  103  requirements for individuals with disabilities under s. 301 of 
  104  the federal Help America Vote Act of 2002 and s. 101.56062 which 
  105  are consistent with subsection (1) of this section. 
  106         Section 4. Paragraph (c) is added to subsection (1) of 
  107  section 101.62, Florida Statutes, and subsections (4) and (5) of 
  108  that section are amended, to read: 
  109         101.62 Request for absentee ballots.— 
  110         (1) 
  111         (c) Upon receiving a request for an absentee ballot from an 
  112  absent uniformed services voter or overseas voter, the 
  113  supervisor of elections shall notify the voter of the free 
  114  access system that has been designated by the department for 
  115  determining the status of his or her absentee ballot. 
  116         (4)(a) No later than 45 days before each election, the 
  117  supervisor of elections shall send an absentee ballot as 
  118  provided in subparagraph (b)2. to each absent uniformed services 
  119  voter and to each overseas voter who has requested an absentee 
  120  ballot. To each absent qualified elector overseas who has 
  121  requested an absentee ballot, the supervisor of elections shall 
  122  mail an absentee ballot not less than 35 days before the primary 
  123  election and not less than 45 days before the general election. 
  124         (b) The supervisor shall provide an absentee ballot to each 
  125  elector by whom a request for that ballot has been made by one 
  126  of the following means: 
  127         1. By nonforwardable, return-if-undeliverable mail to the 
  128  elector’s current mailing address on file with the supervisor, 
  129  unless the elector specifies in the request that: 
  130         a. The elector is absent from the county and does not plan 
  131  to return before the day of the election; 
  132         b. The elector is temporarily unable to occupy the 
  133  residence because of hurricane, tornado, flood, fire, or other 
  134  emergency or natural disaster; or 
  135         c. The elector is in a hospital, assisted living facility, 
  136  nursing home, short-term medical or rehabilitation facility, or 
  137  correctional facility, 
  139  in which case the supervisor shall mail the ballot by 
  140  nonforwardable, return-if-undeliverable mail to any other 
  141  address the elector specifies in the request. 
  142         2. By forwardable mail, e-mail, or facsimile machine 
  143  transmission to absent uniformed services voters and overseas 
  144  voters who are entitled to vote by absentee ballot under the 
  145  Uniformed and Overseas Citizens Absentee Voting Act. The absent 
  146  uniformed services voter or overseas voter may designate in the 
  147  absentee ballot request the preferred method of transmission. If 
  148  the voter does not designate the method of transmission, the 
  149  absentee ballot shall be mailed. 
  150         3. By personal delivery before 7 p.m. on election day to 
  151  the elector, upon presentation of the identification required in 
  152  s. 101.043. 
  153         4. By delivery to a designee on election day or up to 5 
  154  days prior to the day of an election. Any elector may designate 
  155  in writing a person to pick up the ballot for the elector; 
  156  however, the person designated may not pick up more than two 
  157  absentee ballots per election, other than the designee’s own 
  158  ballot, except that additional ballots may be picked up for 
  159  members of the designee’s immediate family. For purposes of this 
  160  section, “immediate family” means the designee’s spouse or the 
  161  parent, child, grandparent, or sibling of the designee or of the 
  162  designee’s spouse. The designee shall provide to the supervisor 
  163  the written authorization by the elector and a picture 
  164  identification of the designee and must complete an affidavit. 
  165  The designee shall state in the affidavit that the designee is 
  166  authorized by the elector to pick up that ballot and shall 
  167  indicate if the elector is a member of the designee’s immediate 
  168  family and, if so, the relationship. The department shall 
  169  prescribe the form of the affidavit. If the supervisor is 
  170  satisfied that the designee is authorized to pick up the ballot 
  171  and that the signature of the elector on the written 
  172  authorization matches the signature of the elector on file, the 
  173  supervisor shall give the ballot to that designee for delivery 
  174  to the elector. 
  175         (5) In the event that the department Elections Canvassing 
  176  Commission is unable to certify candidates for the results of an 
  177  election for a state office in time to comply with paragraph 
  178  (4)(a) subsection (4), the Department of State is authorized to 
  179  prescribe rules for a ballot to be sent to absent uniformed 
  180  services voters and electors overseas voters. 
  181         Section 5. Subsection (1) of section 101.694, Florida 
  182  Statutes, is amended to read: 
  183         101.694 Mailing of ballots upon receipt of federal postcard 
  184  application.— 
  185         (1) Upon receipt of a federal postcard application for an 
  186  absentee ballot executed by a person whose registration is in 
  187  order or whose application is sufficient to register or update 
  188  the registration of that person, the supervisor shall send the 
  189  ballot in accordance with s. 101.62(4) mail to the applicant a 
  190  ballot, if the ballots are available for mailing. The federal 
  191  postcard application request for an absentee ballot shall be 
  192  effective for all elections through the next two regularly 
  193  scheduled general elections. 
  194         Section 6. Effective July 1, 2010, section 101.6952, 
  195  Florida Statutes, is amended to read: 
  196         101.6952 Absentee ballots for absent uniformed services and 
  197  overseas voters.— 
  198         (1) If an absent uniformed services voter’s or an overseas 
  199  voter’s request for an absentee ballot includes an e-mail 
  200  address, the supervisor of elections shall: 
  201         (a) Record the voter’s e-mail address in the absentee 
  202  ballot record; 
  203         (b) Confirm by e-mail that the absentee ballot request was 
  204  received and include in that e-mail the estimated date the 
  205  absentee ballot will be sent to the voter; and 
  206         (c) Notify the voter by e-mail when the voted absentee 
  207  ballot is received by the supervisor of elections inform the 
  208  voter of the names of candidates who will be on the ballots via 
  209  electronic transmission. The supervisor of elections shall e 
  210  mail to the voter the list of candidates for the primary and 
  211  general election not later than 30 days before each election. 
  212         (2) For absentee ballots received from absent uniformed 
  213  services voters or overseas voters, there is a presumption that 
  214  the envelope was mailed on the date stated on the outside of the 
  215  return envelope, regardless of the absence of a postmark on the 
  216  mailed envelope or the existence of a postmark date that is 
  217  later than the date of the election. 
  218         Section 7. Subsection (11) of section 379.352, Florida 
  219  Statutes, is amended to read: 
  220         379.352 Recreational licenses, permits, and authorization 
  221  numbers to take wild animal life, freshwater aquatic life, and 
  222  marine life; issuance; costs; reporting.— 
  223         (11) When acting in its official capacity pursuant to this 
  224  section, neither the commission nor a subagent is deemed a 
  225  third-party registration organization, as defined in s. 
  226  97.021(37) s. 97.021(36), or a voter registration agency, as 
  227  defined in s. 97.021(41) s. 97.021(40), and is not authorized to 
  228  solicit, accept, or collect voter registration applications or 
  229  provide voter registration services. 
  230         Section 8. Except as otherwise expressly provided in this 
  231  act, this act shall take effect upon becoming a law.