Bill Text: FL S1386 | 2019 | Regular Session | Introduced
Bill Title: Elections
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2019-05-03 - Died in Ethics and Elections, companion bill(s) passed, see CS/SB 7066 (Ch. 2019-162) [S1386 Detail]
Download: Florida-2019-S1386-Introduced.html
Florida Senate - 2019 SB 1386
By Senator Rodriguez
37-02046A-19 20191386__
1 A bill to be entitled
2 An act relating to elections; amending s. 101.048,
3 F.S.; revising the deadline by which a person who
4 casts a provisional ballot must submit any written
5 evidence that supports his or her eligibility to vote;
6 amending s. 101.151, F.S.; revising requirements for
7 Department of State rules governing uniform ballot
8 layout; creating s. 101.201, F.S.; requiring the
9 supervisor of elections to provide an option to allow
10 electors to receive certain notices by electronic
11 delivery; amending s. 101.6104, F.S.; authorizing an
12 elector to file a challenge with the county canvassing
13 board if his or her ballot is rejected due to a
14 signature discrepancy; amending s. 101.65, F.S.;
15 revising instructions for vote-by-mail ballots, to
16 conform; amending s. 101.657, F.S.; clarifying that
17 ballots cast during the early voting period may be
18 canvassed and processed during such period; revising
19 the period for which the supervisor must provide early
20 voting; amending s. 101.67, F.S.; revising the
21 deadline for receiving vote-by-mail ballots; amending
22 s. 101.68, F.S.; requiring the supervisor of elections
23 to immediately compare a voter’s signature on a vote
24 by-mail ballot with registration records, upon
25 receipt; modifying procedures regarding notifications
26 of vote-by-mail ballot defects; revising the deadline
27 for submitting a vote-by-mail cure affidavit;
28 modifying the cure affidavit instructions, to conform;
29 requiring the Division of Elections to develop uniform
30 guidelines regarding certain procedures; creating s.
31 101.681, F.S.; requiring the division to develop a
32 training curriculum to provide standardization of
33 signature verification practices relating to
34 canvassing; requiring persons who verify signatures to
35 complete the training before making determinations
36 regarding signature validity; amending s. 101.6923,
37 F.S.; revising special vote-by-mail ballot
38 instructions for certain first-time voters, to
39 conform; amending s. 101.6952, F.S.; modifying
40 timeframes regarding the canvassing of federal write
41 in absentee ballots, to conform; amending s. 102.111,
42 F.S.; revising the date of certification of the
43 primary election by the Elections Canvassing
44 Commission; adding an additional meeting of the
45 commission for certification of any general election
46 races with pending recounts; amending s. 102.112,
47 F.S.; revising deadlines for submission of county
48 returns to the department; amending s. 102.141, F.S.;
49 adding an exception to the deadline for filing returns
50 for any general election races with pending recounts;
51 amending s. 102.166, F.S.; revising certification
52 requirements for voting systems to require
53 functionality for the simultaneous sorting and
54 counting of overvotes and undervotes; amending s.
55 99.063, F.S.; modifying the deadline for designation
56 of Lieutenant Governor candidates to conform to the
57 new primary certification date; providing an effective
58 date.
59
60 Be It Enacted by the Legislature of the State of Florida:
61
62 Section 1. Subsection (1) of section 101.048, Florida
63 Statutes, is amended to read:
64 101.048 Provisional ballots.—
65 (1) At all elections, a voter claiming to be properly
66 registered in the state and eligible to vote at the precinct in
67 the election but whose eligibility cannot be determined, a
68 person whom an election official asserts is not eligible, and
69 other persons specified in the code shall be entitled to vote a
70 provisional ballot. Once voted, the provisional ballot shall be
71 placed in a secrecy envelope and thereafter sealed in a
72 provisional ballot envelope. The provisional ballot shall be
73 deposited in a ballot box. All provisional ballots shall remain
74 sealed in their envelopes for return to the supervisor of
75 elections. The department shall prescribe the form of the
76 provisional ballot envelope. A person casting a provisional
77 ballot has shall have the right to present written evidence
78 supporting his or her eligibility to vote to the supervisor of
79 elections by not later than 5 p.m. on the 10th second day
80 following the election.
81 Section 2. Subsection (9) of section 101.151, Florida
82 Statutes, is amended to read:
83 101.151 Specifications for ballots.—
84 (9)(a) The Department of State shall adopt rules
85 prescribing a uniform primary and general election ballot layout
86 statewide, regardless of which for each certified voting system
87 is used. The department shall solicit recommendations from
88 supervisors of elections in prescribing the uniform ballot
89 layout. The rules must shall incorporate the requirements set
90 forth in this section and shall prescribe additional matters and
91 forms that include, but are not limited to without limitation:
92 1. Clear and unambiguous ballot instructions and
93 directions;
94 2. Individual race layout; and
95 3. Overall ballot layout.
96 (b) The department rules must shall graphically depict a
97 sample uniform primary and general election ballot form for each
98 certified voting system.
99 Section 3. Section 101.201, Florida Statutes, is created to
100 read:
101 101.201 Electronic delivery of notices.—In addition to the
102 electronic delivery of sample ballots as authorized under s.
103 101.20, the supervisor shall provide an option to allow an
104 elector to opt in to receive certain notices from the supervisor
105 by e-mail or other electronic means. For purposes of this
106 section, notices include, but are not limited to, notifications
107 for the following: receipt of a vote-by-mail ballot request or a
108 voted vote-by-mail ballot; rejected vote-by-mail ballots; the
109 acceptance or rejection of a vote-by-mail ballot cure affidavit
110 or a provisional ballot; or for updates to an elector’s voter
111 registration record.
112 Section 4. Section 101.6104, Florida Statutes, is amended
113 to read:
114 101.6104 Challenge of votes.—
115 (1) If any elector present for the canvass of votes
116 believes that any ballot is illegal due to any defect apparent
117 on the voter’s certificate, the elector may, at any time before
118 the ballot is removed from the envelope, may file with the
119 canvassing board a protest against the canvass of such ballot,
120 specifying the reason he or she believes the ballot to be
121 illegal. A No challenge based upon any defect on the voter’s
122 certificate may not shall be accepted after the ballot has been
123 removed from the return mailing envelope.
124 (2) If an elector’s ballot is rejected by reason of the
125 lack of a signature match and the elector is unable to remedy
126 the defect through submission of a vote-by-mail cure affidavit
127 or other authorized means, the elector may file with the
128 canvassing board a protest against the rejection of his or her
129 ballot, specifying the reason why he or she believes the ballot
130 should be canvassed.
131 Section 5. Section 101.65, Florida Statutes, is amended to
132 read:
133 101.65 Instructions to absent electors.—The supervisor
134 shall enclose with each vote-by-mail ballot separate printed
135 instructions in substantially the following form:
136
137 READ THESE INSTRUCTIONS CAREFULLY
138 BEFORE MARKING BALLOT.
139 1. VERY IMPORTANT. In order to ensure that your vote-by
140 mail ballot will be counted, it should be completed and returned
141 as soon as possible so that it can be postmarked or dated no
142 later than the day of the election and reach the supervisor of
143 elections of the county in which your precinct is located no
144 later than 10 days after 7 p.m. on the day of the election.
145 However, if you are an overseas voter casting a ballot in a
146 presidential preference primary or general election, your vote
147 by-mail ballot must be postmarked or dated no later than the
148 date of the election and received by the supervisor of elections
149 of the county in which you are registered to vote no later than
150 10 days after the date of the election.
151 2. Mark your ballot in secret as instructed on the ballot.
152 You must mark your own ballot unless you are unable to do so
153 because of blindness, disability, or inability to read or write.
154 3. Mark only the number of candidates or issue choices for
155 a race as indicated on the ballot. If you are allowed to “Vote
156 for One” candidate and you vote for more than one candidate,
157 your vote in that race will not be counted.
158 4. Place your marked ballot in the enclosed secrecy
159 envelope.
160 5. Insert the secrecy envelope into the enclosed mailing
161 envelope which is addressed to the supervisor.
162 6. Seal the mailing envelope and completely fill out the
163 Voter’s Certificate on the back of the mailing envelope.
164 7. VERY IMPORTANT. In order for your vote-by-mail ballot to
165 be counted, you must sign your name on the line above (Voter’s
166 Signature). A vote-by-mail ballot will be considered illegal and
167 not be counted if the signature on the voter’s certificate does
168 not match the signature on record. The signature on file at the
169 start of the canvass of the vote-by-mail ballots is the
170 signature that will be used to verify your signature on the
171 voter’s certificate. If you need to update your signature for
172 this election, send your signature update on a voter
173 registration application to your supervisor of elections so that
174 it is received no later than the start of the canvassing of
175 vote-by-mail ballots, which occurs no earlier than the 15th day
176 before election day.
177 8. VERY IMPORTANT. If you are an overseas voter, you must
178 include the date you signed the Voter’s Certificate on the line
179 above (Date) or your ballot may not be counted.
180 9. Mail, deliver, or have delivered the completed mailing
181 envelope. Be sure there is sufficient postage if mailed.
182 10. FELONY NOTICE. It is a felony under Florida law to
183 accept any gift, payment, or gratuity in exchange for your vote
184 for a candidate. It is also a felony under Florida law to vote
185 in an election using a false identity or false address, or under
186 any other circumstances making your ballot false or fraudulent.
187 Section 6. Paragraphs (a) and (d) of subsection (1) of
188 section 101.657, Florida Statutes, are amended to read:
189 101.657 Early voting.—
190 (1)(a) As a convenience to the voter, the supervisor of
191 elections shall allow an elector to vote early in the main or
192 branch office of the supervisor. The supervisor shall mark,
193 code, indicate on, or otherwise track the voter’s precinct for
194 each early voted ballot. In order for a branch office to be used
195 for early voting, it shall be a permanent facility of the
196 supervisor and shall have been designated and used as such for
197 at least 1 year prior to the election. The supervisor may also
198 designate any city hall, permanent public library facility,
199 fairground, civic center, courthouse, county commission
200 building, stadium, convention center, government-owned senior
201 center, or government-owned community center as early voting
202 sites; however, if so designated, the sites must be
203 geographically located so as to provide all voters in the county
204 an equal opportunity to cast a ballot, insofar as is
205 practicable. In addition, a supervisor may designate one early
206 voting site per election in an area of the county that does not
207 have any of the eligible early voting locations. Such additional
208 early voting site must be geographically located so as to
209 provide all voters in that area with an equal opportunity to
210 cast a ballot, insofar as is practicable. Each county shall, at
211 a minimum, operate the same total number of early voting sites
212 for a general election which the county operated for the 2012
213 general election. Ballots The results or tabulation of votes
214 cast during early voting may be canvassed or otherwise processed
215 as they are cast; however, the results of the canvassing or
216 processing of such ballots may not be released made before the
217 close of the polls on election day. Results shall be reported by
218 precinct.
219 (d) Early voting shall begin on the 15th 10th day before an
220 election that contains state or federal races and end on the 2nd
221 3rd day before the election, and shall be provided for no less
222 than 8 hours and no more than 12 hours per day at each site
223 during the applicable period. In addition, early voting may be
224 offered at the discretion of the supervisor of elections on the
225 15th, 14th, 13th, 12th, 11th, or 2nd day before an election that
226 contains state or federal races for at least 8 hours per day,
227 but not more than 12 hours per day. The supervisor of elections
228 may provide early voting for elections that are not held in
229 conjunction with a state or federal election. However, the
230 supervisor has the discretion to determine the hours of
231 operation of early voting sites in those elections.
232 Section 7. Subsection (2) of section 101.67, Florida
233 Statutes, is amended to read:
234 101.67 Safekeeping of mailed ballots; deadline for
235 receiving vote-by-mail ballots.—
236 (2) Except as provided in s. 101.6952(5), All marked vote
237 by-mail absent electors’ ballots to be counted must be
238 postmarked or dated no later than the day of the election and
239 received by the supervisor by no later than 10 days after the
240 day 7 p.m. the day of the election. All ballots received
241 thereafter shall be marked with the time and date of receipt and
242 filed in the supervisor’s office.
243 Section 8. Subsection (1) and paragraphs (a) and (c) of
244 subsection (4) of section 101.68, Florida Statutes, are amended,
245 and paragraph (g) is added to subsection (4) of that section, to
246 read:
247 101.68 Canvassing of vote-by-mail ballot.—
248 (1) The supervisor of the county where the absent elector
249 resides shall receive the voted ballot, at which time the
250 supervisor shall immediately compare the signature of the
251 elector on the voter’s certificate with the signature of the
252 elector in the registration books or the precinct register to
253 determine whether the elector is duly registered in the county
254 and may record on the elector’s registration certificate that
255 the elector has voted. An elector who dies after casting a vote
256 by-mail ballot but on or before election day shall remain listed
257 in the registration books until the results have been certified
258 for the election in which the ballot was cast. The supervisor
259 shall safely keep the ballot unopened in his or her office until
260 the county canvassing board canvasses the vote. Except as
261 provided in subsection (4), after a vote-by-mail ballot is
262 received by the supervisor, the ballot is deemed to have been
263 cast, and changes or additions may not be made to the voter’s
264 certificate.
265 (4)(a) The supervisor shall, on behalf of the county
266 canvassing board, immediately notify an elector who has returned
267 a vote-by-mail ballot that does not include the elector’s
268 signature or contains a signature that does not match the
269 elector’s signature in the registration books or precinct
270 register. If the supervisor has an e-mail address or telephone
271 number of the elector, the supervisor must provide notification
272 to the elector of the defect through e-mail, text message, or
273 phone before attempting notification by any other means. The
274 supervisor shall allow such an elector to complete and submit an
275 affidavit in order to cure the vote-by-mail ballot until 5 p.m.
276 on the 10th day after before the election.
277 (c) Instructions must accompany the cure affidavit in
278 substantially the following form:
279
280 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
281 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
282 BALLOT NOT TO COUNT.
283
284 1. In order to ensure that your vote-by-mail ballot will be
285 counted, your affidavit should be completed and returned as soon
286 as possible so that it can reach the supervisor of elections of
287 the county in which your precinct is located no later than 5
288 p.m. on the 10th day after before the election.
289 2. You must sign your name on the line above (Voter’s
290 Signature).
291 3. You must make a copy of one of the following forms of
292 identification:
293 a. Tier 1 identification.—Current and valid identification
294 that includes your name and photograph: Florida driver license;
295 Florida identification card issued by the Department of Highway
296 Safety and Motor Vehicles; United States passport; debit or
297 credit card; military identification; student identification;
298 retirement center identification; neighborhood association
299 identification; public assistance identification; veteran health
300 identification card issued by the United States Department of
301 Veterans Affairs; a Florida license to carry a concealed weapon
302 or firearm; or an employee identification card issued by any
303 branch, department, agency, or entity of the Federal Government,
304 the state, a county, or a municipality; or
305 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
306 FORM OF IDENTIFICATION, identification that shows your name and
307 current residence address: current utility bill, bank statement,
308 government check, paycheck, or government document (excluding
309 voter identification card).
310 4. Place the envelope bearing the affidavit into a mailing
311 envelope addressed to the supervisor. Insert a copy of your
312 identification in the mailing envelope. Mail, deliver, or have
313 delivered the completed affidavit along with the copy of your
314 identification to your county supervisor of elections. Be sure
315 there is sufficient postage if mailed and that the supervisor’s
316 address is correct.
317 5. Alternatively, you may fax or e-mail your completed
318 affidavit and a copy of your identification to the supervisor of
319 elections. If e-mailing, please provide these documents as
320 attachments.
321 (g) The division shall develop uniform guidelines regarding
322 procedures for supervisors of elections to notify an elector of
323 the rejection or acceptance of a vote-by-mail ballot and the
324 process by which the elector may cure a vote-by-mail ballot that
325 is rejected due to a missing signature on the voter’s
326 certificate or a discrepancy with the elector’s signature in the
327 registration books or precinct register.
328 Section 9. Section 101.681, Florida Statutes, is created to
329 read:
330 101.681 Standardization of signature verification
331 practices.—The division shall develop a training curriculum to
332 ensure the use of uniform statewide practices in verifying voter
333 signatures in the canvassing of vote-by-mail ballots, in
334 addition to verifying signatures on a Provisional Ballot Voter’s
335 Certificate and Affirmation and petitions circulated for
336 purposes of candidate qualifying or initiatives for proposed
337 revisions or amendments to the State Constitution. The division
338 shall implement the training before the 2020 general election
339 and periodically review and update the curriculum as it deems
340 appropriate. A person may not make determinations regarding a
341 signature’s validity until he or she has completed the training.
342 Section 10. Subsection (2) of section 101.6923, Florida
343 Statutes, is amended to read:
344 101.6923 Special vote-by-mail ballot instructions for
345 certain first-time voters.—
346 (2) A voter covered by this section shall be provided with
347 printed instructions with his or her vote-by-mail ballot in
348 substantially the following form:
349
350 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
351 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
352 YOUR BALLOT NOT TO COUNT.
353
354 1. In order to ensure that your vote-by-mail ballot will be
355 counted, it should be completed and returned as soon as possible
356 so that it can reach the supervisor of elections of the county
357 in which your precinct is located no later than 10 days after 7
358 p.m. on the date of the election. However, if you are an
359 overseas voter casting a ballot in a presidential preference
360 primary or general election, your vote-by-mail ballot must be
361 postmarked or dated no later than the date of the election and
362 received by the supervisor of elections of the county in which
363 you are registered to vote no later than 10 days after the date
364 of the election.
365 2. Mark your ballot in secret as instructed on the ballot.
366 You must mark your own ballot unless you are unable to do so
367 because of blindness, disability, or inability to read or write.
368 3. Mark only the number of candidates or issue choices for
369 a race as indicated on the ballot. If you are allowed to “Vote
370 for One” candidate and you vote for more than one, your vote in
371 that race will not be counted.
372 4. Place your marked ballot in the enclosed secrecy
373 envelope and seal the envelope.
374 5. Insert the secrecy envelope into the enclosed envelope
375 bearing the Voter’s Certificate. Seal the envelope and
376 completely fill out the Voter’s Certificate on the back of the
377 envelope.
378 a. You must sign your name on the line above (Voter’s
379 Signature).
380 b. If you are an overseas voter, you must include the date
381 you signed the Voter’s Certificate on the line above (Date) or
382 your ballot may not be counted.
383 c. A vote-by-mail ballot will be considered illegal and
384 will not be counted if the signature on the Voter’s Certificate
385 does not match the signature on record. The signature on file at
386 the start of the canvass of the vote-by-mail ballots is the
387 signature that will be used to verify your signature on the
388 Voter’s Certificate. If you need to update your signature for
389 this election, send your signature update on a voter
390 registration application to your supervisor of elections so that
391 it is received no later than the start of canvassing of vote-by
392 mail ballots, which occurs no earlier than the 15th day before
393 election day.
394 6. Unless you meet one of the exemptions in Item 7., you
395 must make a copy of one of the following forms of
396 identification:
397 a. Identification which must include your name and
398 photograph: United States passport; debit or credit card;
399 military identification; student identification; retirement
400 center identification; neighborhood association identification;
401 public assistance identification; veteran health identification
402 card issued by the United States Department of Veterans Affairs;
403 a Florida license to carry a concealed weapon or firearm; or an
404 employee identification card issued by any branch, department,
405 agency, or entity of the Federal Government, the state, a
406 county, or a municipality; or
407 b. Identification which shows your name and current
408 residence address: current utility bill, bank statement,
409 government check, paycheck, or government document (excluding
410 voter identification card).
411 7. The identification requirements of Item 6. do not apply
412 if you meet one of the following requirements:
413 a. You are 65 years of age or older.
414 b. You have a temporary or permanent physical disability.
415 c. You are a member of a uniformed service on active duty
416 who, by reason of such active duty, will be absent from the
417 county on election day.
418 d. You are a member of the Merchant Marine who, by reason
419 of service in the Merchant Marine, will be absent from the
420 county on election day.
421 e. You are the spouse or dependent of a member referred to
422 in paragraph c. or paragraph d. who, by reason of the active
423 duty or service of the member, will be absent from the county on
424 election day.
425 f. You are currently residing outside the United States.
426 8. Place the envelope bearing the Voter’s Certificate into
427 the mailing envelope addressed to the supervisor. Insert a copy
428 of your identification in the mailing envelope. DO NOT PUT YOUR
429 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
430 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
431 BALLOT WILL NOT COUNT.
432 9. Mail, deliver, or have delivered the completed mailing
433 envelope. Be sure there is sufficient postage if mailed.
434 10. FELONY NOTICE. It is a felony under Florida law to
435 accept any gift, payment, or gratuity in exchange for your vote
436 for a candidate. It is also a felony under Florida law to vote
437 in an election using a false identity or false address, or under
438 any other circumstances making your ballot false or fraudulent.
439 Section 11. Paragraph (b) of subsection (3) and subsection
440 (5) of section 101.6952, Florida Statutes, are amended to read:
441 101.6952 Vote-by-mail ballots for absent uniformed services
442 and overseas voters.—
443 (3)
444 (b) A federal write-in absentee ballot may not be canvassed
445 until 7 p.m. on the day of the election. A federal write-in
446 absentee ballot from an overseas voter in a presidential
447 preference primary or general election may not be canvassed
448 until the conclusion of the 10-day period specified in
449 subsection (5). Each federal write-in absentee ballot received
450 by 7 p.m. on the day of the election shall be canvassed pursuant
451 to ss. 101.5614(4) and 101.68, unless the elector’s official
452 vote-by-mail ballot is received by 7 p.m. on election day. Each
453 federal write-in absentee ballot from an overseas voter in a
454 presidential preference primary or general election received by
455 10 days after the date of the election shall be canvassed
456 pursuant to ss. 101.5614(4) and 101.68, unless the overseas
457 voter’s official vote-by-mail ballot is received by 10 days
458 after the date of the election. If the elector’s official vote
459 by-mail ballot is received by 7 p.m. on election day, or, for an
460 overseas voter in a presidential preference primary or general
461 election, no later than 10 days after the date of the election,
462 the federal write-in absentee ballot is invalid and the official
463 vote-by-mail ballot shall be canvassed. The time shall be
464 regulated by the customary time in standard use in the county
465 seat of the locality.
466 (5) A vote-by-mail ballot from an overseas voter in any
467 presidential preference primary or general election which is
468 postmarked or dated no later than the date of the election and
469 is received by the supervisor of elections of the county in
470 which the overseas voter is registered no later than 10 days
471 after the date of the election shall be counted as long as the
472 vote-by-mail ballot is otherwise proper.
473 Section 12. Subsection (2) of section 102.111, Florida
474 Statutes, is amended to read:
475 102.111 Elections Canvassing Commission.—
476 (2)(a) The Elections Canvassing Commission shall meet at 9
477 a.m. on the 9th day after a primary election and at 9 a.m. on
478 the 14th day after a primary election and a general election to
479 certify the returns of the election for each federal, state, and
480 multicounty office, except for those races with a pending
481 general election recount.
482 (b) The commission shall meet at 9 a.m. on the 21st day
483 after a general election to certify the returns in the remaining
484 races.
485 (c) If a member of a county canvassing board that was
486 constituted pursuant to s. 102.141 determines, within 5 days
487 after the certification by the Elections Canvassing Commission,
488 that a typographical error occurred in the official returns of
489 the county, the correction of which could result in a change in
490 the outcome of an election, the county canvassing board must
491 certify corrected returns to the Department of State within 24
492 hours, and the Elections Canvassing Commission must correct and
493 recertify the election returns as soon as practicable.
494 Section 13. Subsection (2) of section 102.112, Florida
495 Statutes, is amended to read:
496 102.112 Deadline for submission of county returns to the
497 Department of State.—
498 (2)(a) Returns must be filed by noon 5 p.m. on the 12th 7th
499 day following a primary election, and by noon on the 12th day
500 following the general election for all races, except races in a
501 general election which are subject to a recount.
502 (b) For all races in a general election which are subject
503 to a recount, returns must be filed by 5 p.m. on the 19th day
504 following the general election.
505 (c) However, The Department of State may correct
506 typographical errors, including the transposition of numbers, in
507 any returns submitted to the Department of State pursuant to s.
508 102.111(2).
509 Section 14. Paragraph (c) of subsection (7) of section
510 102.141, Florida Statutes, is amended to read:
511 102.141 County canvassing board; duties.—
512 (7) If the unofficial returns reflect that a candidate for
513 any office was defeated or eliminated by one-half of a percent
514 or less of the votes cast for such office, that a candidate for
515 retention to a judicial office was retained or not retained by
516 one-half of a percent or less of the votes cast on the question
517 of retention, or that a measure appearing on the ballot was
518 approved or rejected by one-half of a percent or less of the
519 votes cast on such measure, a recount shall be ordered of the
520 votes cast with respect to such office or measure. The Secretary
521 of State is responsible for ordering recounts in federal, state,
522 and multicounty races. The county canvassing board or the local
523 board responsible for certifying the election is responsible for
524 ordering recounts in all other races. A recount need not be
525 ordered with respect to the returns for any office, however, if
526 the candidate or candidates defeated or eliminated from
527 contention for such office by one-half of a percent or less of
528 the votes cast for such office request in writing that a recount
529 not be made.
530 (c) The canvassing board shall submit on forms or in
531 formats provided by the division a second set of unofficial
532 returns to the Department of State for each federal, statewide,
533 state, or multicounty office or ballot measure. The returns
534 shall be filed no later than 3 p.m. on the 5th day after any
535 primary election and no later than 3 p.m. on the 9th day after
536 any general election in which a recount was ordered by the
537 Secretary of State. However, returns may be filed later than 3
538 p.m. on the 9th day after the general election if the Secretary
539 of State has ordered a recount for a federal, state, or
540 multicounty office. If the canvassing board is unable to
541 complete the recount prescribed in this subsection by the
542 deadline, the second set of unofficial returns submitted by the
543 canvassing board shall be identical to the initial unofficial
544 returns and the submission shall also include a detailed
545 explanation of why it was unable to timely complete the recount.
546 However, the canvassing board shall complete the recount
547 prescribed in this subsection, along with any manual recount
548 prescribed in s. 102.166, and certify election returns in
549 accordance with the requirements of this chapter.
550 Section 15. Subsection (2) of section 102.166, Florida
551 Statutes, is amended to read:
552 102.166 Manual recounts of overvotes and undervotes.—
553 (2)(a) Any hardware or software used to identify and sort
554 overvotes and undervotes for a given race or ballot measure must
555 be certified by the Department of State as part of the voting
556 system pursuant to s. 101.015. Any such hardware or software
557 must be capable of simultaneously identifying and sorting
558 overvotes and undervotes while simultaneously counting votes for
559 each race that is subject to a manual recount.
560 (b) Overvotes and undervotes shall be identified and sorted
561 while recounting ballots pursuant to s. 102.141, if the hardware
562 or software for this purpose has been certified or the
563 department’s rules so provide.
564 Section 16. Subsections (1) and (2) of section 99.063,
565 Florida Statutes, are amended to read:
566 99.063 Candidates for Governor and Lieutenant Governor.—
567 (1) No later than 5 p.m. of the 14th 9th day following the
568 primary election, each candidate for Governor shall designate a
569 Lieutenant Governor as a running mate. Such designation must be
570 made in writing to the Department of State.
571 (2) No later than 5 p.m. of the 14th 9th day following the
572 primary election, each designated candidate for Lieutenant
573 Governor shall file with the Department of State:
574 (a) The candidate’s oath required by s. 99.021, which must
575 contain the name of the candidate as it is to appear on the
576 ballot; the office sought; and the signature of the candidate,
577 which must be verified under oath or affirmation pursuant to s.
578 92.525(1)(a).
579 (b) If the office sought is partisan, the written statement
580 of political party affiliation required by s. 99.021(1)(b).
581 (c) The full and public disclosure of financial interests
582 pursuant to s. 8, Art. II of the State Constitution. A public
583 officer who has filed the full and public disclosure with the
584 Commission on Ethics prior to qualifying for office may file a
585 copy of that disclosure at the time of qualifying.
586 Section 17. This act shall take effect January 1, 2020.
