Bill Text: FL S1682 | 2010 | Regular Session | Comm Sub

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Bill Title: Elections [GPSC]

Spectrum: Bipartisan Bill

Status: (Failed) 2010-04-30 - Died in Committee on Governmental Oversight and Accountability, companion bill(s) passed, see CS/CS/HB 131 (Ch. 2010-167) [S1682 Detail]

Download: Florida-2010-S1682-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1682 
 
By the Committee on Ethics and Elections; and Senator Dean 
582-05318-10                                          20101682c1 
1                        A bill to be entitled 
2         An act relating to elections; amending s. 97.021, 
3         F.S.; defining the term “absent uniformed services 
4         voter”; revising the definition of the term “overseas 
5         voter”; amending s. 98.0981, F.S., relating to 
6         statewide voter information; conforming a cross 
7         reference; amending s. 101.62, F.S.; requiring the 
8         supervisor of elections to notify the absent uniformed 
9         services voter and overseas voter of the free access 
10         system for determining absentee ballot status; 
11         providing a timeframe for an absentee ballot to be 
12         sent to each absent uniformed services voter and 
13         overseas voter; providing acceptable formats for 
14         requesting an absentee ballot; modifying circumstances 
15         under which the Department of State is authorized to 
16         prescribe rules for a ballot to be sent to absent 
17         uniformed services voters and overseas voters; 
18         amending s. 101.694, F.S.; conforming timeframes for 
19         sending an absentee ballot upon receipt of a federal 
20         postcard application to those prescribed in s. 101.62, 
21         F.S.; deleting the requirement for a federal postcard 
22         application request to be effective through two 
23         regularly scheduled general elections pursuant to 
24         changes in federal law; amending s. 101.6952, F.S.; 
25         revising responsibilities of the supervisor of 
26         elections when an absent uniformed services voter’s or 
27         overseas voter’s request for an absentee ballot 
28         includes an e-mail address; requiring the supervisor 
29         to record the e-mail address in the absentee ballot 
30         record and, via e-mail, confirm that the request was 
31         received, inform the voter of the estimated date the 
32         absentee ballot will be sent, and notify the voter 
33         when the voted absentee ballot is received; amending 
34         s. 379.352, F.S., relating to recreational licenses 
35         and permits; conforming cross-references; providing 
36         effective dates. 
37 
38  Be It Enacted by the Legislature of the State of Florida: 
39 
40         Section 1. Subsections (2) through (43) of section 97.021, 
41  Florida Statutes, are renumbered as subsections (3) through 
42  (44), respectively, a new subsection (2) is added to that 
43  section, and present subsection (22) of that section is amended, 
44  to read: 
45         97.021 Definitions.—For the purposes of this code, except 
46  where the context clearly indicates otherwise, the term: 
47         (2) “Absent uniformed services voter” means: 
48         (a) A member of a uniformed service on active duty who, by 
49  reason of such active duty, is absent from the place of 
50  residence where the member is otherwise qualified to vote; 
51         (b) A member of the Merchant Marine who, by reason of 
52  service in the Merchant Marine, is absent from the place of 
53  residence where the member is otherwise qualified to vote; or 
54         (c) A spouse or dependent of a member referred to in 
55  paragraph (a) or paragraph (b) who, by reason of the active duty 
56  or service of the member, is absent from the place of residence 
57  where the spouse or dependent is otherwise qualified to vote. 
58         (23)(22) “Overseas voter” means: 
59         (a) An absent uniformed services voter who, by reason of 
60  active duty or service, is absent from the United States on the 
61  date of the election involved Members of the uniformed services 
62  while in the active service who are permanent residents of the 
63  state and are temporarily residing outside the territorial 
64  limits of the United States and the District of Columbia; 
65         (b) A person who resides outside the United States and is 
66  qualified to vote in the last place in which the person was 
67  domiciled before leaving the United States Members of the 
68  Merchant Marine of the United States who are permanent residents 
69  of the state and are temporarily residing outside the 
70  territorial limits of the United States and the District of 
71  Columbia; or and 
72         (c) A person who resides outside the United States and, but 
73  for such residence, would be qualified to vote in the last place 
74  in which the person was domiciled before leaving the United 
75  States Other citizens of the United States who are permanent 
76  residents of the state and are temporarily residing outside the 
77  territorial limits of the United States and the District of 
78  Columbia, 
79 
80  who are qualified and registered to vote as provided by law. 
81         Section 2. Subsection (3) of section 98.0981, Florida 
82  Statutes, is amended to read: 
83         98.0981 Reports; voting history; statewide voter 
84  registration system information; precinct-level election 
85  results; book closing statistics.— 
86         (3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.—After the date 
87  of book closing but before the date of an election as defined in 
88  s. 97.021(11) s. 97.021(10) to fill a national, state, county, 
89  or district office, or to vote on a proposed constitutional 
90  amendment, the department shall compile the following precinct 
91  level statistical data for each county: 
92         (a) Precinct numbers. 
93         (b) Total number of active registered voters by party for 
94  each precinct. 
95         Section 3. Paragraph (c) is added to subsection (1) of 
96  section 101.62, Florida Statutes, and subsections (4) and (5) of 
97  that section are amended, to read: 
98         101.62 Request for absentee ballots.— 
99         (1) 
100         (c) Upon receiving a request for an absentee ballot from an 
101  absent uniformed services voter or overseas voter, the 
102  supervisor of elections shall notify the voter of the free 
103  access system that has been designated by the department for 
104  determining the status of his or her absentee ballot. 
105         (4)(a) No later than 45 days before each election, the 
106  supervisor of elections shall send an absentee ballot as 
107  provided in subparagraph (b)2. to each absent uniformed services 
108  voter and to each overseas voter who has requested an absentee 
109  ballot. To each absent qualified elector overseas who has 
110  requested an absentee ballot, the supervisor of elections shall 
111  mail an absentee ballot not less than 35 days before the primary 
112  election and not less than 45 days before the general election. 
113         (b) The supervisor shall provide an absentee ballot to each 
114  elector by whom a request for that ballot has been made by one 
115  of the following means: 
116         1. By nonforwardable, return-if-undeliverable mail to the 
117  elector’s current mailing address on file with the supervisor, 
118  unless the elector specifies in the request that: 
119         a. The elector is absent from the county and does not plan 
120  to return before the day of the election; 
121         b. The elector is temporarily unable to occupy the 
122  residence because of hurricane, tornado, flood, fire, or other 
123  emergency or natural disaster; or 
124         c. The elector is in a hospital, assisted living facility, 
125  nursing home, short-term medical or rehabilitation facility, or 
126  correctional facility, 
127 
128  in which case the supervisor shall mail the ballot by 
129  nonforwardable, return-if-undeliverable mail to any other 
130  address the elector specifies in the request. 
131         2. By forwardable mail, e-mail, or facsimile machine 
132  transmission to absent uniformed services voters and overseas 
133  voters who are entitled to vote by absentee ballot under the 
134  Uniformed and Overseas Citizens Absentee Voting Act. The absent 
135  uniformed services voter or overseas voter may designate in the 
136  absentee ballot request the preferred method of transmission. If 
137  the voter does not designate the method of transmission, the 
138  absentee ballot shall be mailed. 
139         3. By personal delivery before 7 p.m. on election day to 
140  the elector, upon presentation of the identification required in 
141  s. 101.043. 
142         4. By delivery to a designee on election day or up to 5 
143  days prior to the day of an election. Any elector may designate 
144  in writing a person to pick up the ballot for the elector; 
145  however, the person designated may not pick up more than two 
146  absentee ballots per election, other than the designee’s own 
147  ballot, except that additional ballots may be picked up for 
148  members of the designee’s immediate family. For purposes of this 
149  section, “immediate family” means the designee’s spouse or the 
150  parent, child, grandparent, or sibling of the designee or of the 
151  designee’s spouse. The designee shall provide to the supervisor 
152  the written authorization by the elector and a picture 
153  identification of the designee and must complete an affidavit. 
154  The designee shall state in the affidavit that the designee is 
155  authorized by the elector to pick up that ballot and shall 
156  indicate if the elector is a member of the designee’s immediate 
157  family and, if so, the relationship. The department shall 
158  prescribe the form of the affidavit. If the supervisor is 
159  satisfied that the designee is authorized to pick up the ballot 
160  and that the signature of the elector on the written 
161  authorization matches the signature of the elector on file, the 
162  supervisor shall give the ballot to that designee for delivery 
163  to the elector. 
164         (5) In the event that the department Elections Canvassing 
165  Commission is unable to certify candidates for the results of an 
166  election for a state office in time to comply with paragraph 
167  (4)(a) subsection (4), the Department of State is authorized to 
168  prescribe rules for a ballot to be sent to absent uniformed 
169  services voters and electors overseas voters. 
170         Section 4. Subsection (1) of section 101.694, Florida 
171  Statutes, is amended to read: 
172         101.694 Mailing of ballots upon receipt of federal postcard 
173  application.— 
174         (1) Upon receipt of a federal postcard application for an 
175  absentee ballot executed by a person whose registration is in 
176  order or whose application is sufficient to register or update 
177  the registration of that person, the supervisor shall send the 
178  ballot in accordance with s. 101.62(4) mail to the applicant a 
179  ballot, if the ballots are available for mailing. The federal 
180  postcard application request for an absentee ballot shall be 
181  effective for all elections through the next two regularly 
182  scheduled general elections. 
183         Section 5. Effective July 1, 2010, section 101.6952, 
184  Florida Statutes, is amended to read: 
185         101.6952 Absentee ballots for absent uniformed services and 
186  overseas voters.— 
187         (1) If an absent uniformed services voter’s or an overseas 
188  voter’s request for an absentee ballot includes an e-mail 
189  address, the supervisor of elections shall: 
190         (a) Record the voter’s e-mail address in the absentee 
191  ballot record; 
192         (b) Confirm by e-mail that the absentee ballot request was 
193  received and include in that e-mail the estimated date the 
194  absentee ballot will be sent to the voter; and 
195         (c) Notify the voter by e-mail when the voted absentee 
196  ballot is received by the supervisor of elections inform the 
197  voter of the names of candidates who will be on the ballots via 
198  electronic transmission. The supervisor of elections shall e 
199  mail to the voter the list of candidates for the primary and 
200  general election not later than 30 days before each election. 
201         (2) For absentee ballots received from absent uniformed 
202  services voters or overseas voters, there is a presumption that 
203  the envelope was mailed on the date stated on the outside of the 
204  return envelope, regardless of the absence of a postmark on the 
205  mailed envelope or the existence of a postmark date that is 
206  later than the date of the election. 
207         Section 6. Subsection (11) of section 379.352, Florida 
208  Statutes, is amended to read: 
209         379.352 Recreational licenses, permits, and authorization 
210  numbers to take wild animal life, freshwater aquatic life, and 
211  marine life; issuance; costs; reporting.— 
212         (11) When acting in its official capacity pursuant to this 
213  section, neither the commission nor a subagent is deemed a 
214  third-party registration organization, as defined in s. 
215  97.021(37) s. 97.021(36), or a voter registration agency, as 
216  defined in s. 97.021(41) s. 97.021(40), and is not authorized to 
217  solicit, accept, or collect voter registration applications or 
218  provide voter registration services. 
219         Section 7. Except as otherwise expressly provided in this 
220  act, this act shall take effect upon becoming a law.