Bill Text: FL S0954 | 2017 | Regular Session | Introduced


Bill Title: Canvassing of Vote-by-mail Ballots

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2017-04-04 - Laid on Table, companion bill(s) passed, see CS/HB 105 (Ch. 2017-45) [S0954 Detail]

Download: Florida-2017-S0954-Introduced.html
       Florida Senate - 2017                                     SB 954
       
       
        
       By Senator Passidomo
       
       
       
       
       
       28-00662A-17                                           2017954__
    1                        A bill to be entitled                      
    2         An act relating to the canvassing of vote-by-mail
    3         ballots; amending s. 101.68, F.S.; deleting an
    4         obsolete date; modifying and clarifying provisions
    5         governing the canvassing of vote-by-mail ballots;
    6         authorizing use of the vote-by-mail ballot cure
    7         affidavit if an elector’s signature does not match the
    8         signature in the registration books or precinct
    9         register; requiring the supervisor of elections to
   10         immediately notify an elector upon receipt of a vote
   11         by-mail ballot with a missing or mismatched signature;
   12         revising terminology; revising the cure affidavit
   13         instructions with respect to acceptable forms of
   14         identification; specifying that a Florida driver
   15         license or Florida identification card are acceptable
   16         forms of identification for purposes of curing a vote
   17         by-mail ballot; expanding the scope of post-election
   18         signature update requests to include electors who
   19         cured a vote-by-mail ballot with a mismatched
   20         signature; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 101.68, Florida Statutes, is amended to
   25  read:
   26         101.68 Canvassing of vote-by-mail ballot.—
   27         (1) The supervisor of the county where the absent elector
   28  resides shall receive the voted ballot, at which time the
   29  supervisor shall compare the signature of the elector on the
   30  voter’s certificate with the signature of the elector in the
   31  registration books or the precinct register to determine whether
   32  the elector is duly registered in the county and may record on
   33  the elector’s registration certificate that the elector has
   34  voted. However, effective July 1, 2005, An elector who dies
   35  after casting a vote-by-mail ballot but on or before election
   36  day shall remain listed in the registration books until the
   37  results have been certified for the election in which the ballot
   38  was cast. The supervisor shall safely keep the ballot unopened
   39  in his or her office until the county canvassing board canvasses
   40  the vote. Except as provided in subsection (4), after a vote-by
   41  mail ballot is received by the supervisor, the ballot is deemed
   42  to have been cast, and changes or additions may not be made to
   43  the voter’s certificate.
   44         (2)(a) The county canvassing board may begin the canvassing
   45  of vote-by-mail ballots at 7 a.m. on the 15th day before the
   46  election, but not later than noon on the day following the
   47  election. In addition, for any county using electronic
   48  tabulating equipment, the processing of vote-by-mail ballots
   49  through such tabulating equipment may begin at 7 a.m. on the
   50  15th day before the election. However, notwithstanding any such
   51  authorization to begin canvassing or otherwise processing vote
   52  by-mail ballots early, no result shall be released until after
   53  the closing of the polls in that county on election day. Any
   54  supervisor of elections, deputy supervisor of elections,
   55  canvassing board member, election board member, or election
   56  employee who releases the results of a canvassing or processing
   57  of vote-by-mail ballots prior to the closing of the polls in
   58  that county on election day commits a felony of the third
   59  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   60  775.084.
   61         (b) To ensure that all vote-by-mail ballots to be counted
   62  by the canvassing board are accounted for, the canvassing board
   63  shall compare the number of ballots in its possession with the
   64  number of requests for ballots received to be counted according
   65  to the supervisor’s file or list.
   66         (c)1. The canvassing board must shall, if the supervisor
   67  has not already done so, compare the signature of the elector on
   68  the voter’s certificate or on the vote-by-mail ballot cure
   69  affidavit as provided in subsection (4) with the signature of
   70  the elector in the registration books or the precinct register
   71  to see that the elector is duly registered in the county and to
   72  determine the legality of that vote-by-mail ballot. A vote-by
   73  mail ballot may only be counted if:
   74         a. The signature on the voter’s certificate or the cure
   75  affidavit matches the elector’s signature in the registration
   76  books or precinct register; however, in the case of a cure
   77  affidavit, the supporting identification listed in subsection
   78  (4) must also confirm the identity of the elector; or
   79         b. The cure affidavit contains a signature that does not
   80  match the elector’s signature in the registration books or
   81  precinct register, but the elector has submitted a current and
   82  valid Tier 1 identification pursuant to subsection (4) which
   83  confirms the identity of the elector.
   84         2. The ballot of an elector who casts a vote-by-mail ballot
   85  shall be counted even if the elector dies on or before election
   86  day, as long as, before prior to the death of the voter, the
   87  ballot was postmarked by the United States Postal Service, date
   88  stamped with a verifiable tracking number by a common carrier,
   89  or already in the possession of the supervisor of elections. A
   90  vote-by-mail ballot is considered illegal if the voter’s
   91  certificate or vote-by-mail ballot affidavit does not include
   92  the signature of the elector, as shown by the registration
   93  records or the precinct register. However,
   94         3. A vote-by-mail ballot is not considered illegal if the
   95  signature of the elector does not cross the seal of the mailing
   96  envelope. If the canvassing board determines that any ballot is
   97  illegal, a member of the board shall, without opening the
   98  envelope, mark across the face of the envelope: “rejected as
   99  illegal.” The vote-by-mail ballot affidavit, if applicable, the
  100  envelope, and the ballot contained therein shall be preserved in
  101  the manner that official ballots voted are preserved.
  102         4.2. If any elector or candidate present believes that a
  103  vote-by-mail ballot is illegal due to a defect apparent on the
  104  voter’s certificate or the cure vote-by-mail ballot affidavit,
  105  he or she may, at any time before the ballot is removed from the
  106  envelope, file with the canvassing board a protest against the
  107  canvass of that ballot, specifying the precinct, the ballot, and
  108  the reason he or she believes the ballot to be illegal. A
  109  challenge based upon a defect in the voter’s certificate or cure
  110  vote-by-mail ballot affidavit may not be accepted after the
  111  ballot has been removed from the mailing envelope.
  112         5. If the canvassing board determines that a ballot is
  113  illegal, a member of the board must, without opening the
  114  envelope, mark across the face of the envelope: “rejected as
  115  illegal.” The cure affidavit, if applicable, the envelope, and
  116  the ballot therein shall be preserved in the manner that
  117  official ballots are preserved.
  118         (d) The canvassing board shall record the ballot upon the
  119  proper record, unless the ballot has been previously recorded by
  120  the supervisor. The mailing envelopes shall be opened and the
  121  secrecy envelopes shall be mixed so as to make it impossible to
  122  determine which secrecy envelope came out of which signed
  123  mailing envelope; however, in any county in which an electronic
  124  or electromechanical voting system is used, the ballots may be
  125  sorted by ballot styles and the mailing envelopes may be opened
  126  and the secrecy envelopes mixed separately for each ballot
  127  style. The votes on vote-by-mail ballots shall be included in
  128  the total vote of the county.
  129         (3) The supervisor or the chair of the county canvassing
  130  board shall, after the board convenes, have custody of the vote
  131  by-mail ballots until a final proclamation is made as to the
  132  total vote received by each candidate.
  133         (4)(a) The supervisor of elections shall, on behalf of the
  134  county canvassing board, notify each elector whose ballot was
  135  rejected as illegal and provide the specific reason the ballot
  136  was rejected. The supervisor shall mail a voter registration
  137  application to the elector to be completed indicating the
  138  elector’s current signature if the elector’s ballot was rejected
  139  due to a difference between the elector’s signature on the
  140  voter’s certificate or vote-by-mail ballot affidavit and the
  141  elector’s signature in the registration books or precinct
  142  register. This section does not prohibit the supervisor from
  143  providing additional methods for updating an elector’s
  144  signature.
  145         (b) Until 5 p.m. on the day before an election, The
  146  supervisor shall, on behalf of the county canvassing board,
  147  immediately notify allow an elector who has returned a vote-by
  148  mail ballot that does not include the elector’s signature or
  149  contains a signature that does not match the elector’s signature
  150  in the registration books or precinct register. The supervisor
  151  shall allow such an elector to complete and submit an affidavit
  152  in order to cure the unsigned vote-by-mail ballot until 5 p.m.
  153  on the day before the election.
  154         (b)(c) The elector shall provide identification to the
  155  supervisor and must complete a cure vote-by-mail ballot
  156  affidavit in substantially the following form:
  157  
  158                 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT                
  159         I, ...., am a qualified voter in this election and
  160  registered voter of .... County, Florida. I do solemnly swear or
  161  affirm that I requested and returned the vote-by-mail ballot and
  162  that I have not and will not vote more than one ballot in this
  163  election. I understand that if I commit or attempt any fraud in
  164  connection with voting, vote a fraudulent ballot, or vote more
  165  than once in an election, I may be convicted of a felony of the
  166  third degree and fined up to $5,000 and imprisoned for up to 5
  167  years. I understand that my failure to sign this affidavit means
  168  that my vote-by-mail ballot will be invalidated.
  169  
  170  ...(Voter’s Signature)...
  171  
  172  ...(Address)...
  173         (c)(d) Instructions must accompany the cure vote-by-mail
  174  ballot affidavit in substantially the following form:
  175  
  176         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  177  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  178  BALLOT NOT TO COUNT.
  179  
  180         1. In order to ensure that your vote-by-mail ballot will be
  181  counted, your affidavit should be completed and returned as soon
  182  as possible so that it can reach the supervisor of elections of
  183  the county in which your precinct is located no later than 5
  184  p.m. on the 2nd day before the election.
  185         2. You must sign your name on the line above (Voter’s
  186  Signature).
  187         3. You must make a copy of one of the following forms of
  188  identification:
  189         a. Tier 1 identification.—Current and valid identification
  190  that includes your name and photograph: Florida driver license;
  191  Florida identification card issued by the Department of Highway
  192  Safety and Motor Vehicles; United States passport; debit or
  193  credit card; military identification; student identification;
  194  retirement center identification; neighborhood association
  195  identification; public assistance identification; veteran health
  196  identification card issued by the United States Department of
  197  Veterans Affairs; a Florida license to carry a concealed weapon
  198  or firearm; or an employee identification card issued by any
  199  branch, department, agency, or entity of the Federal Government,
  200  the state, a county, or a municipality; or
  201         b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
  202  FORM OF IDENTIFICATION, identification that shows your name and
  203  current residence address: current utility bill, bank statement,
  204  government check, paycheck, or government document (excluding
  205  voter identification card).
  206         4. Place the envelope bearing the affidavit into a mailing
  207  envelope addressed to the supervisor. Insert a copy of your
  208  identification in the mailing envelope. Mail, deliver, or have
  209  delivered the completed affidavit along with the copy of your
  210  identification to your county supervisor of elections. Be sure
  211  there is sufficient postage if mailed and that the supervisor’s
  212  address is correct.
  213         5. Alternatively, you may fax or e-mail your completed
  214  affidavit and a copy of your identification to the supervisor of
  215  elections. If e-mailing, please provide these documents as
  216  attachments.
  217         (d)(e) The department and each supervisor shall include the
  218  affidavit and instructions on their respective websites. The
  219  supervisor must include his or her office’s mailing address, e
  220  mail address, and fax number on the page containing the
  221  affidavit instructions; the department’s instruction page must
  222  include the office mailing addresses, e-mail addresses, and fax
  223  numbers of all supervisors of elections or provide a conspicuous
  224  link to such addresses.
  225         (e)(f) The supervisor shall attach each affidavit received
  226  to the appropriate vote-by-mail ballot mailing envelope.
  227         (f) After all election results on the ballot have been
  228  certified, the supervisor shall, on behalf of the county
  229  canvassing board, notify each elector whose ballot has been
  230  rejected as illegal and provide the specific reason the ballot
  231  was rejected. In addition, the supervisor shall mail a voter
  232  registration application to the elector to be completed
  233  indicating the elector’s current signature if the signature on
  234  the voter’s certificate or cure affidavit did not match the
  235  elector’s signature in the registration books or precinct
  236  register. This section does not prohibit the supervisor from
  237  providing additional methods for updating an elector’s
  238  signature.
  239         Section 2. This act shall take effect upon becoming a law.

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