Florida Senate - 2019                                    SB 1802
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-01406-19                                           20191802__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 20.10, F.S.;
    3         revising responsibilities of the Secretary of State;
    4         providing for the statewide election of the Secretary
    5         of State; prescribing qualifications and terms of
    6         office; amending s. 97.012, F.S.; requiring the
    7         Secretary of State to provide signature matching
    8         training to supervisors of elections and county
    9         canvassing boards; providing requirements for such
   10         training; prohibiting such persons from comparing
   11         voter signatures until receiving such training;
   12         repealing s. 97.055, F.S., relating to the closure of
   13         registration books for an election; repealing s.
   14         97.0555, F.S., relating to late registration to vote;
   15         creating s. 97.0556, F.S.; authorizing a person who
   16         meets certain requirements to register to vote and to
   17         cast a ballot on election day or at an early voting
   18         site; creating s. 100.51, F.S.; providing that General
   19         Election Day is a paid holiday; providing that any
   20         elector may absent himself or herself from service or
   21         employment at a specified time on a General Election
   22         Day and may not be penalized for such absence;
   23         creating s. 101.016, F.S.; requiring the Division of
   24         Elections to maintain a strategic elections equipment
   25         reserve of voting systems that may be deployed under
   26         certain circumstances; authorizing the department to
   27         contract with certain entities for a specified
   28         purpose; amending s. 101.048, F.S.; authorizing a
   29         person to cast a provisional vote in the county in
   30         which the voter claims to be registered; requiring a
   31         supervisor of elections to immediately notify a person
   32         of a nonmatching signature and to allow such person to
   33         cure the ballot within a reasonable amount of time;
   34         conforming provisions to changes made by the act;
   35         amending s. 101.151, F.S.; requiring a ballot to
   36         include the office title of Secretary of State in a
   37         specific order relative to other office titles;
   38         requiring the names of candidates for each office be
   39         ordered randomly; requiring a ballot to include a
   40         straight-ticket voting option; requiring the
   41         Department of State to adopt rules prescribing uniform
   42         ballots for statewide use; requiring the department
   43         rules to graphically depict sample ballot forms for
   44         statewide use; amending s. 101.5612, F.S.; requiring a
   45         supervisor of elections to annually conduct specified
   46         tests of voting systems; requiring a supervisor of
   47         elections to annually file with the Secretary of State
   48         a report containing specified information; amending s.
   49         101.62, F.S.; providing that a request for a vote-by
   50         mail ballot is sufficient to receive such ballot for
   51         all elections until the request is cancelled; revising
   52         the date by which a supervisor of elections shall mail
   53         a vote-by-mail ballot to each absent qualified voter;
   54         amending s. 101.64, F.S.; requiring a supervisor of
   55         elections to enclose a postage-paid mailing envelope
   56         with each vote-by-mail ballot; providing that vote-by
   57         mail ballot voter certificates may require a voter’s
   58         signature or the last four digits of a voter’s social
   59         security number; conforming provisions to changes made
   60         by the act; amending s. 101.65, F.S.; revising
   61         instructions that must be included with each vote-by
   62         mail ballot to provide that a vote-by-mail ballot must
   63         be postmarked or dated no later than the date of the
   64         election; conforming provisions to changes made by the
   65         act; amending 101.657, F.S.; requiring a supervisor of
   66         elections to provide secure drop boxes, into which an
   67         elector may place his or her vote-by-mail ballot, in
   68         specified locations for a specified early voting
   69         period; requiring the supervisor to deliver such
   70         ballots to the county canvassing board; requiring
   71         certain security monitoring of such secure drop boxes;
   72         amending s. 101.67, F.S.; removing the requirement
   73         that absent electors’ ballots must be received by the
   74         supervisor by a specified time on the day of the
   75         election; amending s. 101.68, F.S.; requiring a
   76         supervisor of elections to compare the signature or
   77         partial social security number with the signature or
   78         social security number in the registration books or
   79         precinct register when canvassing a vote-by-mail
   80         ballot; requiring the supervisor to allow a reasonable
   81         amount of time for an elector to cure a vote-by-mail
   82         ballot if the signature or partial security number is
   83         omitted or does not match; conforming provisions to
   84         changes made by the act; amending s. 101.6952, F.S.;
   85         providing that an absent voter may submit a federal
   86         write-in absentee ballot or vote-by-mail ballot;
   87         providing when and whether a federal write-in absentee
   88         ballot or vote-by-mail ballot must be canvassed;
   89         providing that a certain presumption applies to vote
   90         by-mail ballots received from absent voters; providing
   91         that a vote-by-mail ballot from an absent voter which
   92         is postmarked or dated by a certain date and received
   93         by a certain date must be counted; amending s.
   94         101.697, F.S.; requiring the Department of State to
   95         adopt rules authorizing a supervisor of elections to
   96         accept a voted ballot by secure electronic means if
   97         certain conditions are met; amending s. 102.111, F.S.;
   98         prohibiting certain persons from serving on the
   99         Elections Canvassing Commission; revising the dates by
  100         which the commission shall certify certain election
  101         returns; amending s. 102.112, F.S.; revising the
  102         deadlines for the submission of county returns to the
  103         Department of State; conforming a cross-reference;
  104         creating s. 102.181, F.S.; providing that certain
  105         persons may file actions against a supervisor of
  106         elections for noncompliance with the Florida Election
  107         Code; providing that such person is entitled to an
  108         immediate hearing; providing for the waiver of fees
  109         and costs and the awarding of attorney fees; amending
  110         ss. 97.052, 97.053, 97.0575, 98.0981, and 110.117,
  111         F.S.; conforming provisions to changes made by the
  112         act; providing for applicability; providing an
  113         effective date.
  114          
  115  Be It Enacted by the Legislature of the State of Florida:
  116  
  117         Section 1. Subsection (1) of section 20.10, Florida
  118  Statutes, is amended to read:
  119         20.10 Department of State.—There is created a Department of
  120  State.
  121         (1) The head of the Department of State is the Secretary of
  122  State. The Secretary of State shall be elected at the statewide
  123  general election at which the Governor, Lieutenant Governor, and
  124  Cabinet officers are elected as provided in s. 5, Art. IV of the
  125  State Constitution, for a term of 4 years beginning on the first
  126  Tuesday after the first Monday in January of the year following
  127  such election appointed by the Governor, subject to confirmation
  128  by the Senate, and shall serve at the pleasure of the Governor.
  129  When elected, the Secretary of State must be an elector of at
  130  least 30 years of age who has resided in the state for the
  131  preceding 7 years. A person may not appear on the ballot for
  132  reelection to the office of Secretary of State if, by the end of
  133  the current term of office, the person has, or but for
  134  resignation would have, served in the office for 8 consecutive
  135  years. The Secretary of State shall perform the functions
  136  conferred by the State Constitution upon the custodian of state
  137  records.
  138         Section 2. Subsection (7) of section 97.012, Florida
  139  Statutes, is amended, and subsection (17) is added to that
  140  section, to read:
  141         97.012 Secretary of State as chief election officer.—The
  142  Secretary of State is the chief election officer of the state,
  143  and it is his or her responsibility to:
  144         (7) Coordinate the state’s responsibilities under, and to
  145  verify that supervisors of elections are properly implementing,
  146  the National Voter Registration Act of 1993.
  147         (17)Provide formal signature matching training to
  148  supervisors of elections and county canvassing board members.
  149  Such training must include a presumption that signatures match
  150  and specified criteria that must be used to determine whether
  151  signatures do not match. A supervisor of elections or a county
  152  canvassing board member may not compare any voter signatures in
  153  order to determine if they match until he or she has received
  154  such training.
  155         Section 3. Section 97.055, Florida Statutes, is repealed.
  156         Section 4. Section 97.0555, Florida Statutes, is repealed.
  157         Section 5. Section 97.0556, Florida Statutes, is created to
  158  read:
  159         97.0556Same-day voter registration.—A person who meets the
  160  qualifications to register to vote provided in s. 97.041 and
  161  provides the information required for the statewide voter
  162  registration application pursuant to s. 97.052 may register to
  163  vote and cast a ballot on election day or at an early voting
  164  site.
  165         Section 6. Section 100.51, Florida Statutes, is created to
  166  read:
  167         100.51General Election Day paid holiday.—In order to
  168  encourage civil participation, enable more individuals to serve
  169  as poll workers, and provide additional time for the resolution
  170  of any issues that arise while an elector is casting his or her
  171  vote, General Election Day is a paid holiday. Any elector is
  172  entitled to absent himself or herself from any service or
  173  employment in which he or she is engaged or employed between the
  174  time of the opening and closing of polls on General Election
  175  Day. An elector who absents himself or herself under this
  176  section may not be penalized in any way and a deduction may not
  177  be made from his or her usual salary or wages on account of his
  178  or her absence.
  179         Section 7. Section 101.016, Florida Statutes, is created to
  180  read:
  181         101.016Strategic election equipment reserve.—The Division
  182  of Elections shall maintain a strategic elections equipment
  183  reserve of voting systems that may be deployed in the event of
  184  an emergency as defined in s. 101.732 or upon the occurrence of
  185  equipment capacity issues due to unexpected voter turnout. The
  186  reserve must include tabulation equipment and any other
  187  necessary equipment, such as printers, that are in use by each
  188  supervisor of elections. In lieu of maintaining a physical
  189  reserve of such equipment, the division may contract with a
  190  vendor of voting equipment that shall provide such equipment on
  191  an as-needed basis.
  192         Section 8. Subsections (1) and (2) of section 101.048,
  193  Florida Statutes, are amended to read:
  194         101.048 Provisional ballots.—
  195         (1) At all elections, a voter claiming to be properly
  196  registered in the state and eligible to vote at the precinct in
  197  the election but whose eligibility cannot be determined, a
  198  person whom an election official asserts is not eligible, and
  199  other persons specified in the code shall be entitled to vote a
  200  provisional ballot in the county in which the voter claims to be
  201  registered. Once voted, the provisional ballot shall be placed
  202  in a secrecy envelope and thereafter sealed in a provisional
  203  ballot envelope. The provisional ballot shall be deposited in a
  204  ballot box. All provisional ballots shall remain sealed in their
  205  envelopes for return to the supervisor of elections. The
  206  department shall prescribe the form of the provisional ballot
  207  envelope. A person casting a provisional ballot shall have the
  208  right to present written evidence supporting his or her
  209  eligibility to vote to the supervisor of elections by not later
  210  than 5 p.m. on the second day following the election.
  211         (2)(a) The county canvassing board shall examine each
  212  Provisional Ballot Voter’s Certificate and Affirmation to
  213  determine if the person voting that ballot was entitled to vote
  214  in the county at the precinct where the person cast a vote in
  215  the election and that the person had not already cast a ballot
  216  in the election. In determining whether a person casting a
  217  provisional ballot is entitled to vote, the county canvassing
  218  board shall review the information provided in the Voter’s
  219  Certificate and Affirmation, written evidence provided by the
  220  person pursuant to subsection (1), any other evidence presented
  221  by the supervisor of elections, and, in the case of a challenge,
  222  any evidence presented by the challenger. A ballot of a person
  223  casting a provisional ballot shall be counted unless the
  224  canvassing board determines by a preponderance of the evidence
  225  that the person was not entitled to vote.
  226         (b)1. If it is determined that the person was registered
  227  and entitled to vote in the county at the precinct where the
  228  person cast a vote in the election, the canvassing board shall
  229  compare the signature on the Provisional Ballot Voter’s
  230  Certificate and Affirmation with the signature on the voter’s
  231  registration and, if it matches, shall count the ballot. If the
  232  canvassing board determines that the signature does not match,
  233  the supervisor of elections shall, on behalf of the canvassing
  234  board, immediately notify the person that the signature does not
  235  match and shall allow the voter to cure the ballot within a
  236  reasonable amount of time.
  237         2. If it is determined that the person voting the
  238  provisional ballot was not registered or entitled to vote in the
  239  county at the precinct where the person cast a vote in the
  240  election, the provisional ballot shall not be counted and the
  241  ballot shall remain in the envelope containing the Provisional
  242  Ballot Voter’s Certificate and Affirmation and the envelope
  243  shall be marked “Rejected as Illegal.”
  244         Section 9. Present subsection (9) of section 101.151,
  245  Florida Statutes, is renumbered as subsection (10) and amended,
  246  paragraph (a) of subsection (2) and paragraph (a) of subsection
  247  (3) of that section are amended, and a new subsection (9) is
  248  added to that section, to read:
  249         101.151 Specifications for ballots.—
  250         (2)(a) The ballot must include the following office titles
  251  above the names of the candidates for the respective offices in
  252  the following order:
  253         1. The office titles of President and Vice President above
  254  the names of the candidates for President and Vice President of
  255  the United States nominated by the political party that received
  256  the highest vote for Governor in the last general election of
  257  the Governor in this state, followed by the names of other
  258  candidates for President and Vice President of the United States
  259  who have been properly nominated.
  260         2. The office titles of United States Senator and
  261  Representative in Congress.
  262         3. The office titles of Governor and Lieutenant Governor;
  263  Attorney General; Chief Financial Officer; Commissioner of
  264  Agriculture; Secretary of State; State Attorney, with the
  265  applicable judicial circuit; and Public Defender, with the
  266  applicable judicial circuit.
  267         4. The office titles of State Senator and State
  268  Representative, with the applicable district for the office
  269  printed beneath.
  270         5. The office titles of Clerk of the Circuit Court or, when
  271  the Clerk of the Circuit Court also serves as the County
  272  Comptroller, Clerk of the Circuit Court and Comptroller, when
  273  authorized by law; Clerk of the County Court, when authorized by
  274  law; Sheriff; Property Appraiser; Tax Collector; District
  275  Superintendent of Schools; and Supervisor of Elections.
  276         6. The office titles of Board of County Commissioners, with
  277  the applicable district printed beneath each office, and such
  278  other county and district offices as are involved in the
  279  election, in the order fixed by the Department of State,
  280  followed, in the year of their election, by “Party Offices,” and
  281  thereunder the offices of state and county party executive
  282  committee members.
  283         (3)(a) The names of the candidates of each party the party
  284  that received the highest number of votes for Governor in the
  285  last election in which a Governor was elected shall be ordered
  286  randomly placed first for each office on the general election
  287  ballot, together with an appropriate abbreviation of each such
  288  the party name; the names of the candidates of the party that
  289  received the second highest vote for Governor shall be placed
  290  second for each office, together with an appropriate
  291  abbreviation of the party name.
  292         (9)The ballot must include a straight-ticket voting
  293  option.
  294         (10)(a)(9)(a) The Department of State shall adopt rules
  295  prescribing a uniform primary and general election ballot for
  296  statewide use each certified voting system. The rules shall
  297  incorporate the requirements set forth in this section and shall
  298  prescribe additional matters and forms that include, without
  299  limitation:
  300         1. Clear and unambiguous ballot instructions and
  301  directions;
  302         2. Individual race layout; and
  303         3. Overall ballot layout.
  304         (b) The department rules shall graphically depict a sample
  305  uniform primary and general election ballot form for statewide
  306  use each certified voting system.
  307         Section 10. Subsection (6) is added to section 101.5612,
  308  Florida Statutes, to read:
  309         101.5612 Testing of tabulating equipment.—
  310         (6)(a)The supervisor of elections shall annually test the
  311  voting system, including automatic tabulating equipment, to
  312  determine if the voting system is capable of timely processing
  313  both the maximum number of ballots that may be voted on an
  314  election day and the maximum number of ballots that may be voted
  315  in an election during the period of time in which a recount may
  316  take place.
  317         (b)A supervisor of elections shall annually file with the
  318  Secretary of State a report that includes the results of the
  319  testing conducted pursuant to paragraph (a) and a detailed plan
  320  for operations if maximum voter turnout were to occur on
  321  election day and if a recount were to be required in each race
  322  on a ballot.
  323         Section 11. Paragraph (a) of subsection (1) and paragraph
  324  (b) of subsection (4) of section 101.62, Florida Statutes, are
  325  amended to read:
  326         101.62 Request for vote-by-mail ballots.—
  327         (1)(a) The supervisor shall accept a request for a vote-by
  328  mail ballot from an elector in person or in writing. One request
  329  shall be deemed sufficient to receive a vote-by-mail ballot for
  330  all elections until the elector or the elector’s designee
  331  notifies the supervisor that the elector cancels such request
  332  through the end of the calendar year of the second ensuing
  333  regularly scheduled general election, unless the elector or the
  334  elector’s designee indicates at the time the request is made the
  335  elections for which the elector desires to receive a vote-by
  336  mail ballot. Such request may be considered canceled when any
  337  first-class mail sent by the supervisor to the elector is
  338  returned as undeliverable.
  339         (4)
  340         (b) The supervisor of elections shall mail a vote-by-mail
  341  ballot to each absent qualified voter, other than those listed
  342  in paragraph (a), who has requested such a ballot, no later than
  343  45 days between the 35th and 28th days before the presidential
  344  preference primary election, primary election, and general
  345  election. Except as otherwise provided in subsection (2) and
  346  after the period described in this paragraph, the supervisor
  347  shall mail vote-by-mail ballots within 2 business days after
  348  receiving a request for such a ballot.
  349         Section 12. Subsections (1) and (2) of section 101.64,
  350  Florida Statutes, are amended to read:
  351         101.64 Delivery of vote-by-mail ballots; envelopes; form.—
  352         (1) The supervisor shall enclose with each vote-by-mail
  353  ballot two envelopes: a secrecy envelope, into which the absent
  354  elector shall enclose his or her marked ballot; and a postage
  355  paid mailing envelope, into which the absent elector shall then
  356  place the secrecy envelope, which shall be addressed to the
  357  supervisor and also bear on the back side a certificate in
  358  substantially the following form:
  359           Note: Please Read Instructions Carefully Before         
  360         Marking Ballot and Completing Voter’s Certificate.        
  361                         VOTER’S CERTIFICATE                       
  362         I, ...., do solemnly swear or affirm that I am a qualified
  363  and registered voter of .... County, Florida, and that I have
  364  not and will not vote more than one ballot in this election. I
  365  understand that if I commit or attempt to commit any fraud in
  366  connection with voting, vote a fraudulent ballot, or vote more
  367  than once in an election, I can be convicted of a felony of the
  368  third degree and fined up to $5,000 and/or imprisoned for up to
  369  5 years. I also understand that failure to sign this certificate
  370  will invalidate my ballot.
  371  ...(Date)...
  372  ...(Voter’s Signature or Last Four Digits of Social Security
  373  Number)...
  374         (2) The certificate shall be arranged on the back of the
  375  mailing envelope so that the line for the signature or last four
  376  digits of the social security number of the absent elector is
  377  across the seal of the envelope; however, no statement shall
  378  appear on the envelope which indicates that a signature or last
  379  four digits of the social security number of the voter must
  380  cross the seal of the envelope. The absent elector shall execute
  381  the certificate on the envelope.
  382         Section 13. Section 101.65, Florida Statutes, is amended to
  383  read:
  384         101.65 Instructions to absent electors.—The supervisor
  385  shall enclose with each vote-by-mail ballot separate printed
  386  instructions in substantially the following form:
  387                  READ THESE INSTRUCTIONS CAREFULLY                
  388                       BEFORE MARKING BALLOT.                      
  389         1. VERY IMPORTANT. In order to ensure that your vote-by
  390  mail ballot will be counted, it should be completed and returned
  391  as soon as possible so that it can reach the supervisor of
  392  elections of the county in which your precinct is located no
  393  later than 7 p.m. on the day of the election. However, if you
  394  are an overseas voter casting a ballot in a presidential
  395  preference primary or general election, your vote-by-mail ballot
  396  must be postmarked or dated no later than the date of the
  397  election and received by the supervisor of elections of the
  398  county in which you are registered to vote no later than 10 days
  399  after the date of the election.
  400         2. Mark your ballot in secret as instructed on the ballot.
  401  You must mark your own ballot unless you are unable to do so
  402  because of blindness, disability, or inability to read or write.
  403         3. Mark only the number of candidates or issue choices for
  404  a race as indicated on the ballot. If you are allowed to “Vote
  405  for One” candidate and you vote for more than one candidate,
  406  your vote in that race will not be counted.
  407         4. Place your marked ballot in the enclosed secrecy
  408  envelope.
  409         5. Insert the secrecy envelope into the enclosed mailing
  410  envelope which is addressed to the supervisor.
  411         6. Seal the mailing envelope and completely fill out the
  412  Voter’s Certificate on the back of the mailing envelope.
  413         7. VERY IMPORTANT. In order for your vote-by-mail ballot to
  414  be counted, you must sign your name or print the last four
  415  digits of your social security number on the line above (Voter’s
  416  Signature or Last Four Digits of Social Security Number). A
  417  vote-by-mail ballot will be considered illegal and not be
  418  counted if the signature on the voter’s certificate or the last
  419  four digits of the social security number does not match the
  420  signature or social security number on record. The signature on
  421  file at the start of the canvass of the vote-by-mail ballots is
  422  the signature that will be used to verify your signature on the
  423  voter’s certificate. If you need to update your signature for
  424  this election, send your signature update on a voter
  425  registration application to your supervisor of elections so that
  426  it is received no later than the start of the canvassing of
  427  vote-by-mail ballots, which occurs no earlier than the 15th day
  428  before election day.
  429         8. VERY IMPORTANT. If you are an overseas voter, You must
  430  include the date you signed the Voter’s Certificate or printed
  431  the last four digits of your social security number on the line
  432  above (Date) or your ballot may not be counted.
  433         9. Mail, deliver, or have delivered the completed mailing
  434  envelope. Be sure there is sufficient postage if mailed.
  435         10. FELONY NOTICE. It is a felony under Florida law to
  436  accept any gift, payment, or gratuity in exchange for your vote
  437  for a candidate. It is also a felony under Florida law to vote
  438  in an election using a false identity or false address, or under
  439  any other circumstances making your ballot false or fraudulent.
  440         Section 14. Subsection (5) is added to section 101.657,
  441  Florida Statutes, to read:
  442         101.657 Early voting.—
  443         (5)(a)As a convenience to the voter, the supervisor of
  444  elections shall allow an elector to vote early by physically
  445  returning a voted vote-by-mail ballot to the supervisor by
  446  placing the envelope containing the voter’s marked ballot in a
  447  secure drop box. A secure drop box must be placed at the main or
  448  branch office of the supervisor and at each early voting
  449  location.
  450         (b)The secure drop box must be available 24 hours a day
  451  beginning at noon on the 10th day before an election that
  452  contains state or federal races and ending on the day before the
  453  election at midnight.
  454         (c)The supervisor shall, before the canvassing of the
  455  election returns, deliver the envelopes containing marked
  456  ballots to the county canvassing board along with his or her
  457  file or list kept regarding such ballots.
  458         (d)Each secure drop box must be monitored by security
  459  cameras that record video or photographic data of persons using
  460  the secure drop box for the duration of the period in which the
  461  secure drop box is available.
  462         Section 15. Section 101.67, Florida Statutes, is amended to
  463  read:
  464         101.67 Safekeeping of mailed ballots; deadline for
  465  receiving vote-by-mail ballots.—
  466         (1) The supervisor of elections shall safely keep in his or
  467  her office any envelopes received containing marked ballots of
  468  absent electors, and he or she shall, before the canvassing of
  469  the election returns, deliver the envelopes to the county
  470  canvassing board along with his or her file or list kept
  471  regarding said ballots.
  472         (2)Except as provided in s. 101.6952(5), all marked absent
  473  electors’ ballots to be counted must be received by the
  474  supervisor by 7 p.m. the day of the election. All ballots
  475  received thereafter shall be marked with the time and date of
  476  receipt and filed in the supervisor’s office.
  477         Section 16. Subsection (1), paragraph (c) of subsection
  478  (2), and paragraphs (a), (b), and (c) of subsection (4) of
  479  section 101.68, Florida Statutes, are amended to read:
  480         101.68 Canvassing of vote-by-mail ballot.—
  481         (1) The supervisor of the county where the absent elector
  482  resides shall receive the voted ballot, at which time the
  483  supervisor shall compare the signature or partial social
  484  security number of the elector on the voter’s certificate with
  485  the signature or social security number of the elector in the
  486  registration books or the precinct register to determine whether
  487  the elector is duly registered in the county and may record on
  488  the elector’s registration certificate that the elector has
  489  voted. An elector who dies after casting a vote-by-mail ballot
  490  but on or before election day shall remain listed in the
  491  registration books until the results have been certified for the
  492  election in which the ballot was cast. The supervisor shall
  493  safely keep the ballot unopened in his or her office until the
  494  county canvassing board canvasses the vote. Except as provided
  495  in subsection (4), after a vote-by-mail ballot is received by
  496  the supervisor, the ballot is deemed to have been cast, and
  497  changes or additions may not be made to the voter’s certificate.
  498         (2)(c)1. The canvassing board must, if the supervisor has
  499  not already done so, compare the signature or partial social
  500  security number of the elector on the voter’s certificate or on
  501  the vote-by-mail ballot cure affidavit as provided in subsection
  502  (4) with the signature or social security number of the elector
  503  in the registration books or the precinct register to see that
  504  the elector is duly registered in the county and to determine
  505  the legality of that vote-by-mail ballot. A vote-by-mail ballot
  506  may only be counted if:
  507         a. The signature or partial social security number on the
  508  voter’s certificate or the cure affidavit matches the elector’s
  509  signature or social security number in the registration books or
  510  precinct register; however, in the case of a cure affidavit, the
  511  supporting identification listed in subsection (4) must also
  512  confirm the identity of the elector; or
  513         b. The cure affidavit contains a signature or partial
  514  social security number that does not match the elector’s
  515  signature or social security number in the registration books or
  516  precinct register, but the elector has submitted a current and
  517  valid Tier 1 identification pursuant to subsection (4) which
  518  confirms the identity of the elector.
  519         2. The ballot of an elector who casts a vote-by-mail ballot
  520  shall be counted even if the elector dies on or before election
  521  day, as long as, before the death of the voter, the ballot was
  522  postmarked by the United States Postal Service, date-stamped
  523  with a verifiable tracking number by a common carrier, or
  524  already in the possession of the supervisor of elections.
  525         3. A vote-by-mail ballot is not considered illegal if the
  526  signature or partial social security number of the elector does
  527  not cross the seal of the mailing envelope.
  528         4. If any elector or candidate present believes that a
  529  vote-by-mail ballot is illegal due to a defect apparent on the
  530  voter’s certificate or the cure affidavit, he or she may, at any
  531  time before the ballot is removed from the envelope, file with
  532  the canvassing board a protest against the canvass of that
  533  ballot, specifying the precinct, the ballot, and the reason he
  534  or she believes the ballot to be illegal. A challenge based upon
  535  a defect in the voter’s certificate or cure affidavit may not be
  536  accepted after the ballot has been removed from the mailing
  537  envelope.
  538         5. If the canvassing board determines that a ballot is
  539  illegal, a member of the board must, without opening the
  540  envelope, mark across the face of the envelope: “rejected as
  541  illegal.” The cure affidavit, if applicable, the envelope, and
  542  the ballot therein shall be preserved in the manner that
  543  official ballots are preserved.
  544         (4)(a) The supervisor shall, on behalf of the county
  545  canvassing board, immediately notify an elector who has returned
  546  a vote-by-mail ballot that does not include the elector’s
  547  signature or partial social security number or contains a
  548  signature or partial social security number that does not match
  549  the elector’s signature or social security number in the
  550  registration books or precinct register. The supervisor shall
  551  allow such an elector to complete and submit an affidavit in
  552  order to cure the vote-by-mail ballot. The supervisor shall
  553  allow a reasonable amount of time for such an elector to cure
  554  the vote-by-mail ballot until 5 p.m. on the day before the
  555  election.
  556         (b) The elector must complete a cure affidavit in
  557  substantially the following form:
  558  VOTE-BY-MAIL BALLOT CURE AFFIDAVIT
  559         I, ...., am a qualified voter in this election and
  560  registered voter of .... County, Florida. I do solemnly swear or
  561  affirm that I requested and returned the vote-by-mail ballot and
  562  that I have not and will not vote more than one ballot in this
  563  election. I understand that if I commit or attempt any fraud in
  564  connection with voting, vote a fraudulent ballot, or vote more
  565  than once in an election, I may be convicted of a felony of the
  566  third degree and fined up to $5,000 and imprisoned for up to 5
  567  years. I understand that my failure to sign this affidavit means
  568  that my vote-by-mail ballot will be invalidated.
  569  ...(Voter’s Signature or Last Four Digits of Social Security
  570  Number)...
  571  ...(Address)...
  572         (c) Instructions must accompany the cure affidavit in
  573  substantially the following form:
  574         READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
  575  AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
  576  BALLOT NOT TO COUNT.
  577         1. In order to ensure that your vote-by-mail ballot will be
  578  counted, your affidavit should be completed and returned as soon
  579  as possible so that it can reach the supervisor of elections of
  580  the county in which your precinct is located in a reasonable
  581  amount of time no later than 5 p.m. on the day before the
  582  election.
  583         2. You must sign your name or print the last four digits of
  584  your social security number on the line above (Voter’s Signature
  585  or Last Four Digits of Social Security Number).
  586         3. You must make a copy of one of the following forms of
  587  identification:
  588         a. Tier 1 identification.—Current and valid identification
  589  that includes your name and photograph: Florida driver license;
  590  Florida identification card issued by the Department of Highway
  591  Safety and Motor Vehicles; United States passport; debit or
  592  credit card; military identification; student identification;
  593  retirement center identification; neighborhood association
  594  identification; public assistance identification; veteran health
  595  identification card issued by the United States Department of
  596  Veterans Affairs; a Florida license to carry a concealed weapon
  597  or firearm; or an employee identification card issued by any
  598  branch, department, agency, or entity of the Federal Government,
  599  the state, a county, or a municipality; or
  600         b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1
  601  FORM OF IDENTIFICATION, identification that shows your name and
  602  current residence address: current utility bill, bank statement,
  603  government check, paycheck, or government document (excluding
  604  voter identification card).
  605         4. Place the envelope bearing the affidavit into a mailing
  606  envelope addressed to the supervisor. Insert a copy of your
  607  identification in the mailing envelope. Mail, deliver, or have
  608  delivered the completed affidavit along with the copy of your
  609  identification to your county supervisor of elections. Be sure
  610  there is sufficient postage if mailed and that the supervisor’s
  611  address is correct.
  612         5. Alternatively, you may fax or e-mail your completed
  613  affidavit and a copy of your identification to the supervisor of
  614  elections. If e-mailing, please provide these documents as
  615  attachments.
  616         Section 17. Section 101.6952, Florida Statutes, is amended
  617  to read:
  618         101.6952 Vote-by-mail ballots for absent uniformed services
  619  and overseas voters.—
  620         (1) If an absent uniformed services voter’s or an overseas
  621  voter’s request for an official vote-by-mail ballot pursuant to
  622  s. 101.62 includes an e-mail address, the supervisor of
  623  elections shall:
  624         (a) Record the voter’s e-mail address in the vote-by-mail
  625  ballot record;
  626         (b) Confirm by e-mail that the vote-by-mail ballot request
  627  was received and include in that e-mail the estimated date the
  628  vote-by-mail ballot will be sent to the voter; and
  629         (c) Notify the voter by e-mail when the voted vote-by-mail
  630  ballot is received by the supervisor of elections.
  631         (2)(a) An absent uniformed services voter or an overseas
  632  voter who makes timely application for but does not receive an
  633  official vote-by-mail ballot may use the federal write-in
  634  absentee ballot to vote in any federal, state, or local
  635  election.
  636         (b)1. In an election for federal office, an elector may
  637  designate a candidate by writing the name of a candidate on the
  638  ballot. Except for a primary or special primary election, the
  639  elector may alternatively designate a candidate by writing the
  640  name of a political party on the ballot. A written designation
  641  of the political party shall be counted as a vote for the
  642  candidate of that party if there is such a party candidate in
  643  the race.
  644         2. In a state or local election, an elector may vote in the
  645  section of the federal write-in absentee ballot designated for
  646  nonfederal races by writing on the ballot the title of each
  647  office and by writing on the ballot the name of the candidate
  648  for whom the elector is voting. Except for a primary, special
  649  primary, or nonpartisan election, the elector may alternatively
  650  designate a candidate by writing the name of a political party
  651  on the ballot. A written designation of the political party
  652  shall be counted as a vote for the candidate of that party if
  653  there is such a party candidate in the race. In addition, the
  654  elector may vote on any ballot measure presented in such
  655  election by identifying the ballot measure on which he or she
  656  desires to vote and specifying his or her vote on the measure.
  657  For purposes of this section, a vote cast in a judicial merit
  658  retention election shall be treated in the same manner as a
  659  ballot measure in which the only allowable responses are “Yes”
  660  or “No.”
  661         (c) In the case of a joint candidacy, such as for the
  662  offices of President/Vice President or Governor/Lieutenant
  663  Governor, a valid vote for one or both qualified candidates on
  664  the same ticket shall constitute a vote for the joint candidacy.
  665         (d) For purposes of this subsection and except when the
  666  context clearly indicates otherwise, such as when a candidate in
  667  the election is affiliated with a political party whose name
  668  includes the word “Independent,” “Independence,” or a similar
  669  term, a voter designation of “No Party Affiliation” or
  670  “Independent,” or any minor variation, misspelling, or
  671  abbreviation thereof, shall be considered a designation for the
  672  candidate, other than a write-in candidate, who qualified to run
  673  in the race with no party affiliation. If more than one
  674  candidate qualifies to run as a candidate with no party
  675  affiliation, the designation may not count for any candidate
  676  unless there is a valid, additional designation of the
  677  candidate’s name.
  678         (e) Any abbreviation, misspelling, or other minor variation
  679  in the form of the name of an office, the name of a candidate,
  680  the ballot measure, or the name of a political party must be
  681  disregarded in determining the validity of the ballot.
  682         (3)(a) An absent uniformed services voter or an overseas
  683  voter who submits a federal write-in absentee ballot and later
  684  receives an official vote-by-mail ballot may submit the official
  685  vote-by-mail ballot. An elector who submits a federal write-in
  686  absentee ballot and later receives and submits an official vote
  687  by-mail ballot should make every reasonable effort to inform the
  688  appropriate supervisor of elections that the elector has
  689  submitted more than one ballot.
  690         (b) A federal write-in absentee ballot may not be canvassed
  691  until 7 p.m. on the day of the election. A federal write-in
  692  absentee ballot from an absent an overseas voter in a
  693  presidential preference primary or general election may not be
  694  canvassed until the conclusion of the 10-day period specified in
  695  subsection (5). Each federal write-in absentee ballot received
  696  by 7 p.m. on the day of the election shall be canvassed pursuant
  697  to ss. 101.5614(4) and 101.68, unless the elector’s official
  698  vote-by-mail ballot is received by 7 p.m. on election day. Each
  699  federal write-in absentee ballot from an absent overseas voter
  700  in a presidential preference primary or general election
  701  received by 10 days after the date of the election shall be
  702  canvassed pursuant to ss. 101.5614(4) and 101.68, unless the
  703  overseas voter’s official vote-by-mail ballot is received by 10
  704  days after the date of the election. If the elector’s official
  705  vote-by-mail ballot is received by 7 p.m. on election day, or,
  706  for an overseas voter in a presidential preference primary or
  707  general election, no later than 10 days after the date of the
  708  election, the federal write-in absentee ballot is invalid and
  709  the official vote-by-mail ballot shall be canvassed. The time
  710  shall be regulated by the customary time in standard use in the
  711  county seat of the locality.
  712         (4) For vote-by-mail ballots received from absent uniformed
  713  services voters or overseas voters, there is a presumption that
  714  the envelope was mailed on the date stated on the outside of the
  715  return envelope, regardless of the absence of a postmark on the
  716  mailed envelope or the existence of a postmark date that is
  717  later than the date of the election.
  718         (5) A vote-by-mail ballot from an absent overseas voter in
  719  any presidential preference primary or general election which is
  720  postmarked or dated no later than the date of the election and
  721  is received by the supervisor of elections of the county in
  722  which the overseas voter is registered no later than 10 days
  723  after the date of the election shall be counted as long as the
  724  vote-by-mail ballot is otherwise proper.
  725         Section 18. Section 101.697, Florida Statutes, is amended
  726  to read:
  727         101.697 Electronic transmission of election materials.—
  728         (1) The Department of State shall determine whether secure
  729  electronic means can be established for receiving ballots from
  730  overseas voters. If such security can be established, the
  731  department shall adopt rules to authorize a supervisor of
  732  elections to accept from an overseas voter a request for a vote
  733  by-mail ballot or a voted vote-by-mail ballot by secure
  734  facsimile machine transmission or other secure electronic means.
  735  The rules must provide that in order to accept a voted ballot,
  736  the verification of the voter must be established, the security
  737  of the transmission must be established, and each ballot
  738  received must be recorded.
  739         (2)The Department of State shall determine whether secure
  740  electronic means can be established for receiving ballots from
  741  voters for good cause, including during or immediately after an
  742  emergency as defined in s. 101.732. If such security can be
  743  established, the department must adopt rules to authorize a
  744  supervisor of elections to accept from a voter a voted ballot by
  745  secure facsimile machine transmission or other secure electronic
  746  means. The rules must provide that in order to accept a voted
  747  ballot, the verification of the voter must be established, the
  748  security of the transmission must be established, and each
  749  ballot received must be recorded. Such a ballot may not be
  750  accepted by a supervisor of elections except upon a
  751  determination of good cause by the department.
  752         Section 19. Present subsections (2) and (3) of section
  753  102.111, Florida Statutes, are renumbered as subsections (3) and
  754  (4), respectively, present subsection (2) of that section is
  755  amended, and a new subsection (2) is added to that section, to
  756  read:
  757         102.111 Elections Canvassing Commission.—
  758         (2)A person who is a candidate with opposition in an
  759  election that is being certified or who is an active participant
  760  in the campaign or candidacy of any candidate with opposition in
  761  the election that is being certified may not serve on the
  762  Elections Canvassing Commission.
  763         (3)(2) The Elections Canvassing Commission shall meet at 9
  764  a.m. on the 9th day after a primary election to certify the
  765  returns for each federal, state, and multicounty office. The
  766  commission shall meet and at 9 a.m. on the 14th day after a
  767  general election to certify the returns of the election for each
  768  federal, state, and multicounty office, except for races that
  769  are subject to a recount. If any races for federal, state, and
  770  multicounty office are subject to a recount, the commission
  771  shall meet at 9 a.m. on the 28th day after the general election
  772  to certify the returns for any remaining races. If a member of a
  773  county canvassing board that was constituted pursuant to s.
  774  102.141 determines, within 5 days after the certification by the
  775  Elections Canvassing Commission, that a typographical error
  776  occurred in the official returns of the county, the correction
  777  of which could result in a change in the outcome of an election,
  778  the county canvassing board must certify corrected returns to
  779  the Department of State within 24 hours, and the Elections
  780  Canvassing Commission must correct and recertify the election
  781  returns as soon as practicable.
  782         Section 20. Subsection (2) of section 102.112, Florida
  783  Statutes, is amended to read:
  784         102.112 Deadline for submission of county returns to the
  785  Department of State.—
  786         (2)(a) Returns must be filed by 5 p.m. on the 7th day
  787  following a primary election, and by noon on the 12th day
  788  following the general election for all races, except for those
  789  with a pending recount.
  790         (b) For all races with a pending recount, returns must be
  791  filed by 5 p.m. on the 26th day following the general election.
  792         (c) However, the Department of State may correct
  793  typographical errors, including the transposition of numbers, in
  794  any returns submitted to the Department of State pursuant to s.
  795  102.111(3) s. 102.111(2).
  796         Section 21. Section 102.181, Florida Statutes, is created
  797  to read:
  798         102.181Action against supervisor of elections.—
  799         (1)Any elector qualified to vote in or any candidate for
  800  office in an election may file an action against the supervisor
  801  of elections administering such election for noncompliance with
  802  any provision of this code.
  803         (2)Any elector or candidate who files such an action is
  804  entitled to an immediate hearing.
  805         (3)In any such action, any filing fees or costs must be
  806  waived and attorney fees must be awarded to the prevailing party
  807  or parties.
  808         Section 22. Subsection (6) of section 97.052, Florida
  809  Statutes, is amended to read:
  810         97.052 Uniform statewide voter registration application.—
  811         (6) If a voter registration applicant fails to provide any
  812  of the required information on the voter registration
  813  application form, the supervisor shall notify the applicant of
  814  the failure by mail within 5 business days after the supervisor
  815  has the information available in the voter registration system.
  816  The applicant shall have an opportunity to complete the
  817  application form to vote in the next election up until the book
  818  closing for that next election.
  819         Section 23. Subsections (2), (4), and (6) of section
  820  97.053, Florida Statutes, are amended to read:
  821         97.053 Acceptance of voter registration applications.—
  822         (2) A voter registration application is complete and
  823  becomes the official voter registration record of that applicant
  824  when all information necessary to establish the applicant’s
  825  eligibility pursuant to s. 97.041 is received by a voter
  826  registration official and verified pursuant to subsection (6).
  827  If the applicant fails to complete his or her voter registration
  828  application prior to the date of book closing for an election,
  829  then such applicant shall not be eligible to vote in that
  830  election.
  831         (4) The registration date for a valid initial voter
  832  registration application that has been mailed to a driver
  833  license office, a voter registration agency, an armed forces
  834  recruitment office, the division, or the office of any
  835  supervisor in the state and bears a clear postmark is the date
  836  of that postmark. If an initial voter registration application
  837  that has been mailed does not bear a postmark or if the postmark
  838  is unclear, the registration date is the date the application is
  839  received by any supervisor or the division, unless it is
  840  received within 5 days after the closing of the books for an
  841  election, excluding Saturdays, Sundays, and legal holidays, in
  842  which case the registration date is the book-closing date.
  843         (6) A voter registration application may be accepted as
  844  valid only after the department has verified the authenticity or
  845  nonexistence of the driver license number, the Florida
  846  identification card number, or the last four digits of the
  847  social security number provided by the applicant. If a completed
  848  voter registration application has been received by the book
  849  closing deadline but the driver license number, the Florida
  850  identification card number, or the last four digits of the
  851  social security number provided by the applicant cannot be
  852  verified, the applicant shall be notified that the number cannot
  853  be verified and that the applicant must provide evidence to the
  854  supervisor sufficient to verify the authenticity of the
  855  applicant’s driver license number, Florida identification card
  856  number, or last four digits of the social security number. If
  857  the applicant provides the necessary evidence, the supervisor
  858  shall place the applicant’s name on the registration rolls as an
  859  active voter. If the applicant has not provided the necessary
  860  evidence or the number has not otherwise been verified prior to
  861  the applicant presenting himself or herself to vote, the
  862  applicant shall be provided a provisional ballot. The
  863  provisional ballot shall be counted only if the number is
  864  verified by the end of the canvassing period or if the applicant
  865  presents evidence to the supervisor of elections sufficient to
  866  verify the authenticity of the applicant’s driver license
  867  number, Florida identification card number, or last four digits
  868  of the social security number within a reasonable amount of time
  869  after no later than 5 p.m. of the second day following the
  870  election.
  871         Section 24. Paragraph (a) of subsection (3) of section
  872  97.0575, Florida Statutes, is amended to read:
  873         97.0575 Third-party voter registrations.—
  874         (3)(a) A third-party voter registration organization that
  875  collects voter registration applications serves as a fiduciary
  876  to the applicant, ensuring that any voter registration
  877  application entrusted to the organization, irrespective of party
  878  affiliation, race, ethnicity, or gender, shall be promptly
  879  delivered to the division or the supervisor of elections within
  880  48 hours after the applicant completes it or the next business
  881  day if the appropriate office is closed for that 48-hour period.
  882  If a voter registration application collected by any third-party
  883  voter registration organization is not promptly delivered to the
  884  division or supervisor of elections, the third-party voter
  885  registration organization is liable for the following fines:
  886         1. A fine in the amount of $50 for each application
  887  received by the division or the supervisor of elections more
  888  than 48 hours after the applicant delivered the completed voter
  889  registration application to the third-party voter registration
  890  organization or any person, entity, or agent acting on its
  891  behalf or the next business day, if the office is closed. A fine
  892  in the amount of $250 for each application received if the
  893  third-party voter registration organization or person, entity,
  894  or agency acting on its behalf acted willfully.
  895         2.A fine in the amount of $100 for each application
  896  collected by a third-party voter registration organization or
  897  any person, entity, or agent acting on its behalf, before book
  898  closing for any given election for federal or state office and
  899  received by the division or the supervisor of elections after
  900  the book-closing deadline for such election. A fine in the
  901  amount of $500 for each application received if the third-party
  902  registration organization or person, entity, or agency acting on
  903  its behalf acted willfully.
  904         2.3. A fine in the amount of $500 for each application
  905  collected by a third-party voter registration organization or
  906  any person, entity, or agent acting on its behalf, which is not
  907  submitted to the division or supervisor of elections. A fine in
  908  the amount of $1,000 for any application not submitted if the
  909  third-party voter registration organization or person, entity,
  910  or agency acting on its behalf acted willfully.
  911  
  912  The aggregate fine pursuant to this paragraph which may be
  913  assessed against a third-party voter registration organization,
  914  including affiliate organizations, for violations committed in a
  915  calendar year is $1,000.
  916         Section 25. Section 98.0981, Florida Statutes, is amended
  917  to read:
  918         98.0981 Reports; voting history; statewide voter
  919  registration system information; precinct-level election
  920  results; pre-election book closing statistics.—
  921         (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
  922  INFORMATION.—
  923         (a) Within 30 days after certification by the Elections
  924  Canvassing Commission of a presidential preference primary,
  925  special election, primary election, or general election,
  926  supervisors of elections shall transmit to the department, in a
  927  uniform electronic format specified in paragraph (d), completely
  928  updated voting history information for each qualified voter who
  929  voted.
  930         (b) After receipt of the information in paragraph (a), the
  931  department shall prepare a report in electronic format which
  932  contains the following information, separately compiled for the
  933  primary and general election for all voters qualified to vote in
  934  either election:
  935         1. The unique identifier assigned to each qualified voter
  936  within the statewide voter registration system;
  937         2. All information provided by each qualified voter on his
  938  or her voter registration application pursuant to s. 97.052(2),
  939  except that which is confidential or exempt from public records
  940  requirements;
  941         3. Each qualified voter’s date of registration;
  942         4. Each qualified voter’s current state representative
  943  district, state senatorial district, and congressional district,
  944  assigned by the supervisor of elections;
  945         5. Each qualified voter’s current precinct; and
  946         6. Voting history as transmitted under paragraph (a) to
  947  include whether the qualified voter voted at a precinct
  948  location, voted during the early voting period, voted by vote
  949  by-mail ballot, attempted to vote by vote-by-mail ballot that
  950  was not counted, attempted to vote by provisional ballot that
  951  was not counted, or did not vote.
  952         (c) Within 45 days after certification by the Elections
  953  Canvassing Commission of a presidential preference primary,
  954  special election, primary election, or general election, the
  955  department shall send to the President of the Senate, the
  956  Speaker of the House of Representatives, the Senate Minority
  957  Leader, and the House Minority Leader a report in electronic
  958  format that includes all information set forth in paragraph (b).
  959         (d) File specifications are as follows:
  960         1. The file shall contain records designated by the
  961  categories below for all qualified voters who, regardless of the
  962  voter’s county of residence or active or inactive registration
  963  status on at the election day book closing for the corresponding
  964  election that the file is being created for:
  965         a. Voted a regular ballot at a precinct location.
  966         b. Voted at a precinct location using a provisional ballot
  967  that was subsequently counted.
  968         c. Voted a regular ballot during the early voting period.
  969         d. Voted during the early voting period using a provisional
  970  ballot that was subsequently counted.
  971         e. Voted by vote-by-mail ballot.
  972         f. Attempted to vote by vote-by-mail ballot, but the ballot
  973  was not counted.
  974         g. Attempted to vote by provisional ballot, but the ballot
  975  was not counted in that election.
  976         2. Each file shall be created or converted into a tab
  977  delimited format.
  978         3. File names shall adhere to the following convention:
  979         a. Three-character county identifier as established by the
  980  department followed by an underscore.
  981         b. Followed by four-character file type identifier of
  982  “VHO3” followed by an underscore.
  983         c. Followed by FVRS election ID followed by an underscore.
  984         d. Followed by Date Created followed by an underscore.
  985         e. Date format is YYYYMMDD.
  986         f. Followed by Time Created - HHMMSS.
  987         g. Followed by “.txt”.
  988         4. Each record shall contain the following columns: Record
  989  Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
  990  Date, Vote History Code, Precinct, Congressional District, House
  991  District, Senate District, County Commission District, and
  992  School Board District.
  993         (e) Each supervisor of elections shall reconcile, before
  994  submission, the aggregate total of ballots cast in each precinct
  995  as reported in the precinct-level election results to the
  996  aggregate total number of voters with voter history for the
  997  election for each district.
  998         (f) Each supervisor of elections shall submit the results
  999  of the data reconciliation as described in paragraph (e) to the
 1000  department in an electronic format and give a written
 1001  explanation for any precincts where the reconciliation as
 1002  described in paragraph (e) results in a discrepancy between the
 1003  voter history and the election results.
 1004         (2) PRECINCT-LEVEL ELECTION RESULTS.—
 1005         (a) Within 30 days after certification by the Elections
 1006  Canvassing Commission of a presidential preference primary
 1007  election, special election, primary election, or general
 1008  election, the supervisors of elections shall collect and submit
 1009  to the department precinct-level election results for the
 1010  election in a uniform electronic format specified by paragraph
 1011  (c). The precinct-level election results shall be compiled
 1012  separately for the primary or special primary election that
 1013  preceded the general or special general election, respectively.
 1014  The results shall specifically include for each precinct the
 1015  total of all ballots cast for each candidate or nominee to fill
 1016  a national, state, county, or district office or proposed
 1017  constitutional amendment, with subtotals for each candidate and
 1018  ballot type, unless fewer than 10 voters voted a ballot type.
 1019  “All ballots cast” means ballots cast by voters who cast a
 1020  ballot whether at a precinct location, by vote-by-mail ballot
 1021  including overseas vote-by-mail ballots, during the early voting
 1022  period, or by provisional ballot.
 1023         (b) The department shall make such information available on
 1024  a searchable, sortable, and downloadable database via its
 1025  website that also includes the file layout and codes. The
 1026  database shall be searchable and sortable by county, precinct,
 1027  and candidate. The database shall be downloadable in a tab
 1028  delimited format. The database shall be available for download
 1029  county-by-county and also as a statewide file. Such report shall
 1030  also be made available upon request.
 1031         (c) The files containing the precinct-level election
 1032  results shall be created in accordance with the applicable file
 1033  specification:
 1034         1. The precinct-level results file shall be created or
 1035  converted into a tab-delimited text file.
 1036         2. The row immediately before the first data record shall
 1037  contain the column names of the data elements that make up the
 1038  data records. There shall be one header record followed by
 1039  multiple data records.
 1040         3. The data records shall include the following columns:
 1041  County Name, Election Number, Election Date, Unique Precinct
 1042  Identifier, Precinct Polling Location, Total Registered Voters,
 1043  Total Registered Republicans, Total Registered Democrats, Total
 1044  Registered All Other Parties, Contest Name,
 1045  Candidate/Retention/Issue Name, Candidate Florida Voter
 1046  Registration System ID Number, Division of Elections Unique
 1047  Candidate Identifying Number, Candidate Party, District,
 1048  Undervote Total, Overvote Total, Write-in Total, and Vote Total.
 1049         (3) PRECINCT-LEVEL PRE-ELECTION BOOK CLOSING STATISTICS.
 1050  After 29 days before the date of an election the date of book
 1051  closing but before the date of an election as defined in s.
 1052  97.021 to fill a national, state, county, or district office, or
 1053  to vote on a proposed constitutional amendment, the department
 1054  shall compile the following precinct-level statistical data for
 1055  each county:
 1056         (a) Precinct numbers.
 1057         (b) Total number of active registered voters by party for
 1058  each precinct.
 1059         (4) REPORTS PUBLICLY AVAILABLE.—The department shall also
 1060  make publicly available the reports and results required in
 1061  subsections (1)-(3).
 1062         (5) RULEMAKING.—The department shall adopt rules and
 1063  prescribe forms to carry out the purposes of this section.
 1064         Section 26. Subsection (1) of section 110.117, Florida
 1065  Statutes, is amended to read:
 1066         110.117 Paid holidays.—
 1067         (1) The following holidays shall be paid holidays observed
 1068  by all state branches and agencies:
 1069         (a) New Year’s Day.
 1070         (b) Birthday of Martin Luther King, Jr., third Monday in
 1071  January.
 1072         (c) Memorial Day.
 1073         (d) Independence Day.
 1074         (e) Labor Day.
 1075         (f) General Election Day.
 1076         (g) Veterans’ Day, November 11.
 1077         (h)(g) Thanksgiving Day.
 1078         (i)(h) Friday after Thanksgiving.
 1079         (j)(i) Christmas Day.
 1080         (k)(j) If any of these holidays falls on Saturday, the
 1081  preceding Friday shall be observed as a holiday. If any of these
 1082  holidays falls on Sunday, the following Monday shall be observed
 1083  as a holiday.
 1084         Section 27. The amendments made by this act providing for
 1085  the statewide election of the Secretary of State shall apply to
 1086  the term of office beginning January 3, 2023, but shall govern
 1087  with respect to candidate qualifying for the statewide primary
 1088  and general elections in 2022.
 1089         Section 28. This act shall take effect July 1, 2019.