Bill Text: FL S7066 | 2019 | Regular Session | Prefiled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Election Administration
Spectrum: Committee Bill
Status: (Passed) 2019-07-01 - Chapter No. 2019-162 [S7066 Detail]
Download: Florida-2019-S7066-Prefiled.html
Bill Title: Election Administration
Spectrum: Committee Bill
Status: (Passed) 2019-07-01 - Chapter No. 2019-162 [S7066 Detail]
Download: Florida-2019-S7066-Prefiled.html
Florida Senate - 2019 (PROPOSED BILL) SPB 7066 FOR CONSIDERATION By the Committee on Ethics and Elections 582-02532A-19 20197066pb 1 A bill to be entitled 2 An act relating to ballot processes; amending 98.077, 3 F.S.; modifying requirements for updating voter 4 registration signatures, to conform; amending s. 5 99.063, F.S.; revising dates relating to the selection 6 and qualification of a lieutenant governor running 7 mate, to conform; amending s. 100.061, F.S.; revising 8 the date of the primary election; amending s. 101.048, 9 F.S.; modifying the Provisional Ballot Voter’s 10 Certificate and Affirmation; establishing a process to 11 cure a provisional ballot with a signature deficiency; 12 establishing related requirements and deadlines; 13 revising requirements for the canvassing and counting 14 of provisional ballots; creating exemptions; requiring 15 the supervisor to process a signature update following 16 submission of a valid provisional ballot cure 17 affidavit; modifying post-election elector 18 notification processes, to conform; amending 101.151, 19 F.S.; revising requirements for department rules 20 governing ballot design; amending s. 101.62, F.S.; 21 revising deadlines for requests for, and the mailing 22 of, vote-by-mail ballots; removing a limitation as to 23 when the supervisor may begin mailing domestic vote 24 by-mail ballots before an election; amending s. 25 101.64, F.S.; modifying the vote-by-mail ballot 26 Voter’s Certificate; amending s. 101.65, F.S.; 27 modifying vote-by-mail ballot instructions, to 28 conform; amending 101.68, F.S.; clarifying that 29 supervisors must immediately compare voters’ 30 signatures on vote-by-mail ballots upon receipt; 31 providing for earlier canvassing of vote-by-mail 32 ballots; prescribing additional notification 33 requirements for certain vote-by-mail ballots with 34 defective signatures; creating exemptions; revising 35 the deadline by which vote-by-mail ballot cure 36 affidavits must be submitted; requiring the supervisor 37 to process a signature update following submission of 38 a valid vote-by-mail ballot cure affidavit; modifying 39 post-election elector notification processes, to 40 conform; amending 101.6923, F.S.; modifying special 41 vote-by-mail ballot instructions for certain first 42 time voters, to conform; amending 102.111, F.S.; 43 revising the date on which the Elections Canvassing 44 Commission certifies the primary election; adding an 45 additional meeting of the Elections Canvassing 46 Commission for certification of ballot votes in any 47 general election races with pending recounts; amending 48 s. 102.112, F.S.; modifying deadlines for submitting 49 certain county ballot returns to the Department of 50 State, to conform; amending s. 102.141, F.S.; 51 modifying immediate reporting times for certain types 52 of ballots and deadlines for unofficial results in 53 primary elections and certain general election 54 contests; amending s. 102.166, F.S.; modifying 55 certification requirements for voting systems to 56 require the functionality to simultaneously sort and 57 count ballot overvotes and undervotes; providing an 58 effective date. 59 60 Be It Enacted by the Legislature of the State of Florida: 61 62 Section 1. Subsection (4) of section 98.077, Florida 63 Statutes, is amended to read: 64 98.077 Update of voter signature.— 65 (4) Except as authorized in ss. 101.048 and 101.68: 66 (a) All signature updates for use in verifying vote-by-mail 67 and provisional ballots must be received by the appropriate 68 supervisor of elections no later than the start of the 69 canvassing of vote-by-mail ballots by the canvassing board. 70 (b) The signature on file at the start of the canvass of 71 the vote-by-mail ballots is the signature that shall be used in 72 verifying the signature on the vote-by-mail and provisional 73 ballot certificates. 74 Section 2. Subsections (1) and (2) of section 99.063, 75 Florida Statutes, are amended to read 76 99.063 Candidates for Governor and Lieutenant Governor.— 77 (1) No later than 5 p.m. of the 14th9thday following the 78 primary election, each candidate for Governor shall designate a 79 Lieutenant Governor as a running mate. Such designation must be 80 made in writing to the Department of State. 81 (2) No later than 5 p.m. of the 14th9thday following the 82 primary election, each designated candidate for Lieutenant 83 Governor shall file with the Department of State: 84 (a) The candidate’s oath required by s. 99.021, which must 85 contain the name of the candidate as it is to appear on the 86 ballot; the office sought; and the signature of the candidate, 87 which must be verified under oath or affirmation pursuant to s. 88 92.525(1)(a). 89 (b) If the office sought is partisan, the written statement 90 of political party affiliation required by s. 99.021(1)(b). 91 (c) The full and public disclosure of financial interests 92 pursuant to s. 8, Art. II of the State Constitution. A public 93 officer who has filed the full and public disclosure with the 94 Commission on Ethics prior to qualifying for office may file a 95 copy of that disclosure at the time of qualifying. 96 Section 3. Section 100.061, Florida Statutes, is amended to 97 read: 98 100.061 Primary election.—In each year in which a general 99 election is held, a primary election for nomination of 100 candidates of political parties shall be held on the Tuesday 11 10110weeks prior to the general election. The candidate receiving 102 the highest number of votes cast in each contest in the primary 103 election shall be declared nominated for such office. If two or 104 more candidates receive an equal and highest number of votes for 105 the same office, such candidates shall draw lots to determine 106 which candidate is nominated. 107 Section 4. Section 101.048, Florida Statutes, is amended to 108 read: 109 101.048 Provisional ballots.— 110 (1) At all elections, a voter claiming to be properly 111 registered in the state and eligible to vote at the precinct in 112 the election but whose eligibility cannot be determined, a 113 person whom an election official asserts is not eligible, and 114 other persons specified in the code shall be entitled to vote a 115 provisional ballot. Once voted, the provisional ballot shall be 116 placed in a secrecy envelope and thereafter sealed in a 117 provisional ballot envelope. The provisional ballot shall be 118 deposited in a ballot box. All provisional ballots shall remain 119 sealed in their envelopes for return to the supervisor of 120 elections. The department shall prescribe the form of the 121 provisional ballot envelope. A person casting a provisional 122 ballot shall have the right to present written evidence 123 supporting his or her eligibility to vote to the supervisor of 124 elections by not later than 5 p.m. on the second day following 125 the election. 126 (2)(a) The county canvassing board shall examine each 127 Provisional Ballot Voter’s Certificate and Affirmation to 128 determine if the person voting that ballot was entitled to vote 129 at the precinct where the person cast a vote in the election and 130 that the person had not already cast a ballot in the election. 131 In determining whether a person casting a provisional ballot is 132 entitled to vote, the county canvassing board shall review the 133 information provided in the Voter’s Certificate and Affirmation, 134 written evidence provided by the person pursuant to subsection 135 (1), information provided in any cure affidavit and accompanying 136 supporting documentation pursuant to subsection (6), any other 137 evidence presented by the supervisor of elections, and, in the 138 case of a challenge, any evidence presented by the challenger. A 139 ballot of a person casting a provisional ballot shall be 140 canvassed pursuant to paragraph (b)countedunless the 141 canvassing board determines by a preponderance of the evidence 142 that the person was not entitled to vote. 143 (b)1.If it is determined that the person was registered 144 and entitled to vote at the precinct where the person cast a 145 vote in the election, the canvassing board mustshallcompare 146 the signature on the Provisional Ballot Voter’s Certificate and 147 Affirmation or the provisional ballot cure affidavit with the 148 signature on the voter’s registration or precinct registerand,149if it matches, shall count the ballot. A provisional ballot may 150 be counted only if: 151 1. The signature on the voter’s certificate or the cure 152 affidavit matches the elector’s signature in the registration 153 books or the precinct register; however, in the case of a cure 154 affidavit, the supporting identification listed in subsection 155 (6) must also confirm the identity of the elector; or 156 2. The cure affidavit contains a signature that does not 157 match the elector’s signature in the registration books or the 158 precinct register, but the elector has submitted a current and 159 valid Tier 1 form of identification confirming his or her 160 identity pursuant to subsection (6). 1612. If it is determined that the person voting the162provisional ballot was not registered or entitled to vote at the163precinct where the person cast a vote in the election, the164 (c) Any provisional ballotshallnotbecounted mustand165the ballot shallremain in the envelope containing the 166 Provisional Ballot Voter’s Certificate and Affirmation and the 167 envelope shall be marked “Rejected as Illegal.” 168 (d) If a provisional ballot is validated following the 169 submission of a cure affidavit, the supervisor must make a copy 170 of the affidavit, affix it to a voter registration application, 171 and immediately process it as a valid request for a signature 172 update pursuant to s. 98.077. 173 (3) The Provisional Ballot Voter’s Certificate and 174 Affirmation shall be in substantially the following form: 175 176 STATE OF FLORIDA 177 COUNTY OF .... 178 179 I do solemnly swear (or affirm) that my name is ....; that 180 my date of birth is ....; that I am registered and qualified to 181 vote in .... County, Florida; that I am registered in the .... 182 Party; that I am a qualified voter of the county; and that I 183 have not voted in this election. I understand that if I commit 184 any fraud in connection with voting, vote a fraudulent ballot, 185 or vote more than once in an election, I can be convicted of a 186 felony of the third degree and fined up to $5,000 and/or 187 imprisoned for up to 5 years. 188 Further, by providing my information below, I authorize the 189 use of e-mail, text message, and phone call for the limited 190 purpose of signature and ballot validation. 191 ...(Printed Name of Voter)... 192 ...(Signature of Voter)... 193 ...(Current Residence Address)... 194 ...(Current Mailing Address)... 195 ...(City, State, Zip Code)... 196 ...(Driver License Number or Last Four Digits of Social Security 197 Number)... 198 ...(E-Mail Address)... 199 ...(Home Telephone Number)... 200 ...(Mobile Telephone Number)... 201 202 Sworn to and subscribed before me this .... day of ........, 203 ...(year).... 204 205 ...(Election Official)... 206 207 Precinct # .... Ballot Style/Party Issued: .... 208 209 (4) Notwithstanding the requirements of subsections (1), 210 (2), and (3), the supervisor of elections may, and for persons 211 with disabilities shall, provide the appropriate provisional 212 ballot to the voter by electronic means that meet the 213 requirements of s. 101.56062, as provided for by the certified 214 voting system. Each person casting a provisional ballot by 215 electronic means shall, prior to casting his or her ballot, 216 complete the Provisional Ballot Voter’s Certificate and 217 Affirmation as provided in subsection (3). 218 (5) Each person casting a provisional ballot shall be given 219 written instructions regarding the person’s right to provide the 220 supervisor of elections with written evidence of his or her 221 eligibility to vote and regarding the free access system 222 established pursuant to subsection (7)(6). The instructions 223 mustshallcontain the supervisors’ contact information along 224 with information on how to access the system and the information 225 the voter will need to provide to obtain information on his or 226 her particular ballot. The instructionsshallalso must include 227 the following statement: “If this is a primary election, you 228 should contact the supervisor of elections’ office immediately 229 to confirm that you are registered and can vote in the general 230 election.” 231 (6)(a) As soon as practicable, the supervisor shall, on 232 behalf of the county canvassing board, attempt to notify an 233 elector who has submitted a provisional ballot that does not 234 include the elector’s signature or contains a signature that 235 does not match the elector’s signature in the registration books 236 or precinct register by: 237 1. Providing the notice to the elector by e-mail; 238 2. Notifying the elector of the signature deficiency by 239 text message and directing the elector to the cure affidavit and 240 instructions on the supervisor’s website; and 241 3. Notifying the elector of the signature deficiency by 242 telephone and directing the elector to the cure affidavit and 243 instructions on the supervisor’s website. 244 245 If the voter’s certificate or the elector’s records do not 246 contain any telephone or electronic contact information, the 247 supervisor must immediately send the notice to the elector by 248 first-class mail. If the elector has provided such information, 249 the supervisor may continue to attempt to contact the elector by 250 telephone or electronic means for up to 24 hours before mailing 251 the physical notice. The supervisor need not provide any notice 252 required by this paragraph if the canvassing board has already 253 determined that the elector is not entitled to vote pursuant to 254 paragraph (2)(a), or if the supervisor has already confirmed the 255 elector’s receipt of notice. 256 (b) Until 5 p.m. on the 11th day after an election, the 257 supervisor of elections shall allow an elector who has submitted 258 a provisional ballot with a signature deficiency to complete and 259 submit a cure affidavit. 260 (c) The elector must complete a cure affidavit in 261 substantially the following form: 262 263 PROVISIONAL BALLOT CURE AFFIDAVIT 264 I, ...., am a qualified voter in this election and a 265 registered voter of .... County, Florida. I do solemnly swear or 266 affirm that I voted a provisional ballot and that I have not and 267 will not vote more than one ballot in this election. I 268 understand that if I commit or attempt any fraud in connection 269 with voting, vote a fraudulent ballot, or vote more than once in 270 an election, I may be convicted of a felony of the third degree, 271 fined up to $5,000, and imprisoned for up to 5 years. I 272 understand that my failure to sign this affidavit may invalidate 273 my ballot. 274 275 ...(Voter’s Signature)... 276 277 ...(Address)... 278 279 (d) Instructions must accompany the cure affidavit in 280 substantially the following form: 281 282 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 283 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 284 BALLOT NOT TO COUNT. 285 286 1. In order to cure the missing signature or the signature 287 discrepancy on your Provisional Ballot Voter’s Certificate and 288 Affirmation, your affidavit should be completed and returned as 289 soon as possible so that it can reach the supervisor of 290 elections of the county in which your precinct is located no 291 later than 5 p.m. on the 11th day after the election. 292 2. You must sign your name on the line above (Voter’s 293 Signature). 294 3. You must make a copy of one of the following forms of 295 identification: 296 a. Tier 1 identification.—Current and valid identification 297 that includes your name and photograph: Florida driver license; 298 Florida identification card issued by the Department of Highway 299 Safety and Motor Vehicles; United States passport; debit or 300 credit card; military identification; student identification; 301 retirement center identification; neighborhood association 302 identification; public assistance identification; veteran health 303 identification card issued by the United States Department of 304 Veterans Affairs; Florida license to carry a concealed weapon or 305 firearm; or employee identification card issued by any branch, 306 department, agency, or entity of the Federal Government, the 307 state, a county, or a municipality; or 308 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1 309 FORM OF IDENTIFICATION, identification that shows your name and 310 current residence address: current utility bill; bank statement; 311 government check; paycheck; or government document (excluding 312 voter identification card). 313 4. Place the envelope bearing the affidavit into a mailing 314 envelope addressed to the supervisor. Insert a copy of your 315 identification in the mailing envelope. Mail (if time permits), 316 deliver, or have delivered the completed affidavit along with 317 the copy of your identification to your county supervisor of 318 elections. Be sure there is sufficient postage if mailed and 319 that the supervisor’s address is correct. Remember, your 320 information MUST reach your county supervisor of elections no 321 later than 5 p.m. on the 11th day following the election or your 322 ballot will not count. 323 5. Alternatively, you may fax or e-mail your completed 324 affidavit and a copy of your identification to the supervisor of 325 elections. If e-mailing, please provide these documents as 326 attachments. E-mail should be used only as a last resort, as it 327 is not a secure communication method and could result in third 328 parties having access to your personal information. 329 6. Submitting a provisional ballot affidavit does not 330 establish your eligibility to vote in this election or guarantee 331 that your ballot will be counted. The county canvassing board 332 determines your eligibility to vote through information provided 333 on the Provisional Ballot Voter’s Certificate and Affirmation, 334 written evidence provided by you, including information in your 335 cure affidavit along with any supporting identification, and any 336 other evidence presented by the supervisor of elections or a 337 challenger. You may still be required to present additional 338 written evidence to support your eligibility to vote. 339 (e) The department and each supervisor of elections shall 340 include the affidavit and instructions on their respective 341 websites. The supervisor of elections shall include his or her 342 office mailing address, e-mail address, and fax number on the 343 page containing the affidavit instructions, and the department’s 344 instruction page must include the office mailing addresses, e 345 mail addresses, and fax numbers of all supervisors of elections 346 or provide a conspicuous link to such addresses. 347 (f) The supervisor of elections shall attach each affidavit 348 received to the appropriate provisional ballot envelope 349 containing the Provisional Ballot Voter’s Certificate and 350 Affirmation. 351 (7)(a)(6)Each supervisor of elections shall establish a 352 free access system that allows each person who casts a 353 provisional ballot to determine whether his or her provisional 354 ballot was counted in the final canvass of votes and, if not, 355 the reasons why. Information regarding provisional ballots shall 356 be available no later than 30 days following the election. The 357 system established must restrict information regarding an 358 individual ballot to the person who cast the ballot. 359 (b) In addition, unless processed as a signature update 360 pursuant to subsection (2), the supervisor shall mail a voter 361 registration application to the elector to be completed 362 indicating the elector’s current signature if the signature on 363 the voter’s certificate or cure affidavit did not match the 364 elector’s signature in the registration books or precinct 365 register. 366 Section 5. Subsection (9) of section 101.151, Florida 367 Statutes, is amended to read: 368 101.151 Specifications for ballots.— 369 (9)(a) The Department of State shall adopt rules 370 prescribing a uniform primary and general election ballot for 371 each certified voting system. The rules mustshallincorporate 372 the requirements set forth in this section and mustshall373 prescribe additional matters and forms that include, without 374 limitation: 375 1. The ballot title followed by clear and unambiguous 376 ballot instructions and directions limited to a single location 377 on the ballot, either: 378 a. Centered across the top; or 379 b. In the leftmost column, with no individual races in that 380 column unless it is the only column on the ballot; 381 2. Individual race layout; and 382 3. Overall ballot layout. 383 (b) Thedepartmentrules mustshallgraphically depict a 384 sample uniform primary and general election ballot form for each 385 certified voting system. 386 Section 6. Subsection (2) and paragraph (b) of subsection 387 (4) of section 101.62, Florida Statutes, are amended to read: 388 101.62 Request for vote-by-mail ballots.— 389 (2) A request for a vote-by-mail ballot to be mailed to a 390 voter must be received no later than 5 p.m. on the 10thsixth391 day before the election by the supervisor of elections. The 392 supervisor of elections shall mail vote-by-mail ballots to 393 voters requesting ballots by such deadline no later than 84394 days before the election. 395 (4) 396 (b) The supervisor of elections shall mail a vote-by-mail 397 ballot to each absent qualified voter, other than those listed 398 in paragraph (a), who has requested such a ballot, no later than 399 the 28th daybetween the35th and 28th daysbefore the 400 presidential preference primary election, primary election, and 401 general election. Except as otherwise provided in subsection (2) 402 and after the period described in this paragraph, the supervisor 403 shall mail vote-by-mail ballots within 2 business days after 404 receiving a request for such a ballot. 405 Section 7. Subsection (1) of section 101.64, Florida 406 Statutes, is amended to read: 407 101.64 Delivery of vote-by-mail ballots; envelopes; form.— 408 (1) The supervisor shall enclose with each vote-by-mail 409 ballot two envelopes: a secrecy envelope, into which the absent 410 elector shall enclose his or her marked ballot; and a mailing 411 envelope, into which the absent elector shall then place the 412 secrecy envelope, which shall be addressed to the supervisor and 413 also bear on the back side a certificate in substantially the 414 following form: 415 416 Note: Please Read Instructions Carefully Before 417 Marking Ballot and Completing Voter’s Certificate. 418 419 VOTER’S CERTIFICATE 420 I, ...., do solemnly swear or affirm that I am a qualified 421 and registered voter of .... County, Florida, and that I have 422 not and will not vote more than one ballot in this election. I 423 understand that if I commit or attempt to commit any fraud in 424 connection with voting, vote a fraudulent ballot, or vote more 425 than once in an election, I can be convicted of a felony of the 426 third degree and fined up to $5,000 and/or imprisoned for up to 427 5 years. I also understand that failure to sign this certificate 428 maywillinvalidate my ballot. 429 Further, by providing my information below, I authorize the 430 use of e-mail, text messages, and telephone calls for the 431 limited purpose of correcting a missing or nonmatching 432 signature. 433 434 ...(Date)... ...(Voter’s Signature)... 435 ...(E-Mail Address)... ...(Home Telephone Number)... 436 ...(Mobile Telephone Number)... 437 Section 8. Section 101.65, Florida Statutes, is amended to 438 read: 439 101.65 Instructions to absent electors.—The supervisor 440 shall enclose with each vote-by-mail ballot separate printed 441 instructions in substantially the following form: 442 443 READ THESE INSTRUCTIONS CAREFULLY 444 BEFORE MARKING BALLOT. 445 1. VERY IMPORTANT. In order to ensure that your vote-by 446 mail ballot will be counted, it should be completed and returned 447 as soon as possible so that it can reach the supervisor of 448 elections of the county in which your precinct is located no 449 later than 7 p.m. on the day of the election. However, if you 450 are an overseas voter casting a ballot in a presidential 451 preference primary or general election, your vote-by-mail ballot 452 must be postmarked or dated no later than the date of the 453 election and received by the supervisor of elections of the 454 county in which you are registered to vote no later than 10 days 455 after the date of the election. Note that the later you return 456 your ballot, the less time you will have to cure any signature 457 deficiencies, which is authorized until 5 p.m. on the 11th day 458 after the election. 459 2. Mark your ballot in secret as instructed on the ballot. 460 You must mark your own ballot unless you are unable to do so 461 because of blindness, disability, or inability to read or write. 462 3. Mark only the number of candidates or issue choices for 463 a race as indicated on the ballot. If you are allowed to “Vote 464 for One” candidate and you vote for more than one candidate, 465 your vote in that race will not be counted. 466 4. Place your marked ballot in the enclosed secrecy 467 envelope. 468 5. Insert the secrecy envelope into the enclosed mailing 469 envelope which is addressed to the supervisor. 470 6. Seal the mailing envelope and completely fill out the 471 Voter’s Certificate on the back of the mailing envelope. 472 7. VERY IMPORTANT. In order for your vote-by-mail ballot to 473 be counted, you must sign your name on the line above (Voter’s 474 Signature). A vote-by-mail ballot will be considered illegal and 475 not be counted if the signature on the voter’s certificate does 476 not match the signature on record. The signature on file at the 477 start of the canvass of the vote-by-mail ballots is the 478 signature that will be used to verify your signature on the 479 voter’s certificate. If you need to update your signature for 480 this election, send your signature update on a voter 481 registration application to your supervisor of elections so that 482 it is received no later than the start of the canvassing of 483 vote-by-mail ballots, which occurs no earlier than the 22nd15th484 day before election day. 485 8. VERY IMPORTANT. If you are an overseas voter, you must 486 include the date you signed the Voter’s Certificate on the line 487 above (Date) or your ballot may not be counted. 488 9. Mail, deliver, or have delivered the completed mailing 489 envelope. Be sure there is sufficient postage if mailed. 490 10. FELONY NOTICE. It is a felony under Florida law to 491 accept any gift, payment, or gratuity in exchange for your vote 492 for a candidate. It is also a felony under Florida law to vote 493 in an election using a false identity or false address, or under 494 any other circumstances making your ballot false or fraudulent. 495 Section 9. Subsection (1), paragraph (a) of subsection (2), 496 and subsection (4) of section 101.68, Florida Statutes, are 497 amended to read: 498 101.68 Canvassing of vote-by-mail ballot.— 499 (1) The supervisor of the county where the absent elector 500 resides shall receive the voted ballot, at which time the 501 supervisor immediately shall compare the signature of the 502 elector on the voter’s certificate with the signature of the 503 elector in the registration books or the precinct register to 504 determine whether the elector is duly registered in the county 505 and may record on the elector’s registration certificate that 506 the elector has voted. An elector who dies after casting a vote 507 by-mail ballot but on or before election day shall remain listed 508 in the registration books until the results have been certified 509 for the election in which the ballot was cast. The supervisor 510 shall safely keep the ballot unopened in his or her office until 511 the county canvassing board canvasses the vote. Except as 512 provided in subsection (4), after a vote-by-mail ballot is 513 received by the supervisor, the ballot is deemed to have been 514 cast, and changes or additions may not be made to the voter’s 515 certificate. 516 (2)(a) The county canvassing board may begin the canvassing 517 of vote-by-mail ballots at 7 a.m. on the 22nd15thday before 518 the election, but not later than noon on the day following the 519 election. In addition, for any county using electronic 520 tabulating equipment, the processing of vote-by-mail ballots 521 through such tabulating equipment may begin at 7 a.m. on the 522 22nd15thday before the election. However, notwithstanding any 523 such authorization to begin canvassing or otherwise processing 524 vote-by-mail ballots early, no result shall be released until 525 after the closing of the polls in that county on election day. 526 Any supervisor of elections, deputy supervisor of elections, 527 canvassing board member, election board member, or election 528 employee who releases the results of a canvassing or processing 529 of vote-by-mail ballots prior to the closing of the polls in 530 that county on election day commits a felony of the third 531 degree, punishable as provided in s. 775.082, s. 775.083, or s. 532 775.084. 533 (4)(a) Except as provided in paragraph (b), the supervisor 534 mustshall, on behalf of the county canvassing board, 535 immediately notify an elector who has returned a vote-by-mail 536 ballot that does not include the elector’s signature or contains 537 a signature that does not match the elector’s signature in the 538 registration books or precinct register. 539 (b) For timely domestic vote-by-mail ballots received 540 beginning on the 4th day before an election, and for timely 541 overseas vote-by-mail ballots received beginning on the 10th day 542 before an election, the supervisor must attempt to: 543 1. Provide the notice to the elector by e-mail; 544 2. Notify the elector of the signature deficiency by text 545 message and direct the elector to the cure affidavit and 546 instructions on the supervisor’s website; and 547 3. Notify the elector of the signature deficiency by 548 telephone and direct the elector to the cure affidavit and 549 instructions on the supervisor’s website. 550 551 If the voter’s certificate or the elector’s records do not 552 contain any telephone or electronic contact information, the 553 supervisor must immediately send the notice to an in-county 554 elector by first-class mail or to any other elector by expedited 555 delivery. If the elector has provided such information, the 556 supervisor may continue to attempt to contact the elector by 557 telephone or electronic means for up to 48 hours before sending 558 physical notice, time permitting. The supervisor need not 559 provide any notice required by this subsection which is not 560 expected to reach the elector until after 5 p.m. on the 11th day 561 after the election, or when the supervisor has already confirmed 562 the elector’s receipt of notice. 563 (c) The supervisor shall allowsuchan elector to complete 564 and submit an affidavit in order to cure the vote-by-mail ballot 565 until 5 p.m. on the 11th day afterbeforethe election. 566 (d)(b)The elector must complete a cure affidavit in 567 substantially the following form: 568 569 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT 570 I, ...., am a qualified voter in this election and 571 registered voter of .... County, Florida. I do solemnly swear or 572 affirm that I requested and returned the vote-by-mail ballot and 573 that I have not and will not vote more than one ballot in this 574 election. I understand that if I commit or attempt any fraud in 575 connection with voting, vote a fraudulent ballot, or vote more 576 than once in an election, I may be convicted of a felony of the 577 third degree and fined up to $5,000 and imprisoned for up to 5 578 years. I understand that my failure to sign this affidavit may 579 invalidate my ballotmeans that my vote-by-mail ballot will be580invalidated. 581 582 ...(Voter’s Signature)... 583 584 ...(Address)... 585 (e)(c)Instructions must accompany the cure affidavit in 586 substantially the following form: 587 588 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 589 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 590 BALLOT NOT TO COUNT. 591 592 1. In order to ensure that your vote-by-mail ballot will be 593 counted, your affidavit should be completed and returned as soon 594 as possible so that it can reach the supervisor of elections of 595 the county in which your precinct is located no later than 5 596 p.m. on the 11th day afterbeforethe election. 597 2. You must sign your name on the line above (Voter’s 598 Signature). 599 3. You must make a copy of one of the following forms of 600 identification: 601 a. Tier 1 identification.—Current and valid identification 602 that includes your name and photograph: Florida driver license; 603 Florida identification card issued by the Department of Highway 604 Safety and Motor Vehicles; United States passport; debit or 605 credit card; military identification; student identification; 606 retirement center identification; neighborhood association 607 identification; public assistance identification; veteran health 608 identification card issued by the United States Department of 609 Veterans Affairs; a Florida license to carry a concealed weapon 610 or firearm; or an employee identification card issued by any 611 branch, department, agency, or entity of the Federal Government, 612 the state, a county, or a municipality; or 613 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1 614 FORM OF IDENTIFICATION, identification that shows your name and 615 current residence address: current utility bill, bank statement, 616 government check, paycheck, or government document (excluding 617 voter identification card). 618 4. Place the envelope bearing the affidavit into a mailing 619 envelope addressed to the supervisor. Insert a copy of your 620 identification in the mailing envelope. Mail (if time permits), 621 deliver, or have delivered the completed affidavit along with 622 the copy of your identification to your county supervisor of 623 elections. Be sure there is sufficient postage if mailed and 624 that the supervisor’s address is correct. Remember, your 625 information MUST reach your county supervisor of elections no 626 later than 5 p.m. on the 11th day following the election, or 627 your ballot will not count. 628 5. Alternatively, you may fax or e-mail your completed 629 affidavit and a copy of your identification to the supervisor of 630 elections. If e-mailing, please provide these documents as 631 attachments. E-mail should be used only as a last resort, as it 632 is not a secure communication method and could result in third 633 parties having access to your personal information. 634 (f)(d)The department and each supervisor shall include the 635 affidavit and instructions on their respective websites. The 636 supervisor must include his or her office’s mailing address, e 637 mail address, and fax number on the page containing the 638 affidavit instructions, and;the department’s instruction page 639 must include the office mailing addresses, e-mail addresses, and 640 fax numbers of all supervisors of elections or provide a 641 conspicuous link to such addresses. 642 (g)(e)The supervisor shall attach each affidavit received 643 to the appropriate vote-by-mail ballot mailing envelope. 644 (h)(f)If a vote-by-mail ballot is validated following the 645 submission of a cure affidavit, the supervisor must make a copy 646 of the affidavit, affix it to a voter registration application, 647 and immediately process it as a valid request for a signature 648 update pursuant to s. 98.077. 649 (i) After all election results on the ballot have been 650 certified, the supervisor shall, on behalf of the county 651 canvassing board, notify each elector whose ballot has been 652 rejected as illegal and provide the specific reason the ballot 653 was rejected. In addition, unless processed as a signature 654 update pursuant to paragraph (h), the supervisor shall mail a 655 voter registration application to the elector to be completed 656 indicating the elector’s current signature if the signature on 657 the voter’s certificate or cure affidavit did not match the 658 elector’s signature in the registration books or precinct 659 register.This section does not prohibit the supervisor from660providing additional methods for updating an elector’s661signature.662 Section 10. Section 101.6923, Florida Statutes, is amended 663 to read: 664 101.6923 Special vote-by-mail ballot instructions for 665 certain first-time voters.— 666 (1) The provisions of this section apply to voters who are 667 subject to the provisions of s. 97.0535 and who have not 668 provided the identification or information required by s. 669 97.0535 by the time the vote-by-mail ballot is mailed. 670 (2) A voter covered by this section shall be provided with 671 printed instructions with his or her vote-by-mail ballot in 672 substantially the following form: 673 674 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR 675 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 676 YOUR BALLOT NOT TO COUNT. 677 678 1. In order to ensure that your vote-by-mail ballot will be 679 counted, it should be completed and returned as soon as possible 680 so that it can reach the supervisor of elections of the county 681 in which your precinct is located no later than 7 p.m. on the 682 date of the election. However, if you are an overseas voter 683 casting a ballot in a presidential preference primary or general 684 election, your vote-by-mail ballot must be postmarked or dated 685 no later than the date of the election and received by the 686 supervisor of elections of the county in which you are 687 registered to vote no later than 10 days after the date of the 688 election. 689 2. Mark your ballot in secret as instructed on the ballot. 690 You must mark your own ballot unless you are unable to do so 691 because of blindness, disability, or inability to read or write. 692 3. Mark only the number of candidates or issue choices for 693 a race as indicated on the ballot. If you are allowed to “Vote 694 for One” candidate and you vote for more than one, your vote in 695 that race will not be counted. 696 4. Place your marked ballot in the enclosed secrecy 697 envelope and seal the envelope. 698 5. Insert the secrecy envelope into the enclosed envelope 699 bearing the Voter’s Certificate. Seal the envelope and 700 completely fill out the Voter’s Certificate on the back of the 701 envelope. 702 a. You must sign your name on the line above (Voter’s 703 Signature). 704 b. If you are an overseas voter, you must include the date 705 you signed the Voter’s Certificate on the line above (Date) or 706 your ballot may not be counted. 707 c. A vote-by-mail ballot will be considered illegal and 708 will not be counted if the signature on the Voter’s Certificate 709 does not match the signature on record. The signature on file at 710 the start of the canvass of the vote-by-mail ballots is the 711 signature that will be used to verify your signature on the 712 Voter’s Certificate. If you need to update your signature for 713 this election, send your signature update on a voter 714 registration application to your supervisor of elections so that 715 it is received no later than the start of canvassing of vote-by 716 mail ballots, which occurs no earlier than the 22nd15thday 717 before election day. 718 6. Unless you meet one of the exemptions in Item 7., you 719 must make a copy of one of the following forms of 720 identification: 721 a. Identification which must include your name and 722 photograph: United States passport; debit or credit card; 723 military identification; student identification; retirement 724 center identification; neighborhood association identification; 725 public assistance identification; veteran health identification 726 card issued by the United States Department of Veterans Affairs; 727 a Florida license to carry a concealed weapon or firearm; or an 728 employee identification card issued by any branch, department, 729 agency, or entity of the Federal Government, the state, a 730 county, or a municipality; or 731 b. Identification which shows your name and current 732 residence address: current utility bill, bank statement, 733 government check, paycheck, or government document (excluding 734 voter identification card). 735 7. The identification requirements of Item 6. do not apply 736 if you meet one of the following requirements: 737 a. You are 65 years of age or older. 738 b. You have a temporary or permanent physical disability. 739 c. You are a member of a uniformed service on active duty 740 who, by reason of such active duty, will be absent from the 741 county on election day. 742 d. You are a member of the Merchant Marine who, by reason 743 of service in the Merchant Marine, will be absent from the 744 county on election day. 745 e. You are the spouse or dependent of a member referred to 746 in paragraph c. or paragraph d. who, by reason of the active 747 duty or service of the member, will be absent from the county on 748 election day. 749 f. You are currently residing outside the United States. 750 8. Place the envelope bearing the Voter’s Certificate into 751 the mailing envelope addressed to the supervisor. Insert a copy 752 of your identification in the mailing envelope. DO NOT PUT YOUR 753 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR 754 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR 755 BALLOT WILL NOT COUNT. 756 9. Mail, deliver, or have delivered the completed mailing 757 envelope. Be sure there is sufficient postage if mailed. 758 10. FELONY NOTICE. It is a felony under Florida law to 759 accept any gift, payment, or gratuity in exchange for your vote 760 for a candidate. It is also a felony under Florida law to vote 761 in an election using a false identity or false address, or under 762 any other circumstances making your ballot false or fraudulent. 763 Section 11. Subsection (2) of section 102.111, Florida 764 Statutes, is amended to read: 765 102.111 Elections Canvassing Commission.— 766 (2)(a) The Elections Canvassing Commission shall meet at 9 767 a.m. on the9th day after a primary electionandat 9 a.m. on768the14th day after a primary election or a general election to 769 certify the returns of the election for each federal, state, and 770 multicounty office, except for those contests with a pending 771 general election recount. 772 (b) The commission shall meet at 9 a.m. on the 21st day 773 after a general election to certify the returns in the remaining 774 recount contests. 775 776 If a member of a county canvassing board that was constituted 777 pursuant to s. 102.141 determines, within 5 days after the 778 certification by the Elections Canvassing Commission, that a 779 typographical error occurred in the official returns of the 780 county, the correction of which could result in a change in the 781 outcome of an election, the county canvassing board must certify 782 corrected returns to the Department of State within 24 hours, 783 and the Elections Canvassing Commission must correct and 784 recertify the election returns as soon as practicable. 785 Section 12. Subsection (2) of section 102.112, Florida 786 Statutes, is amended to read: 787 102.112 Deadline for submission of county returns to the 788 Department of State.— 789 (2)(a) Returns must be filed by 5 p.m.on the 7th day790following a primary election andbynoonon the 12th day 791 following the primary election and the general election for all 792 contests, except those contests with a pending general election 793 recount. 794 (b) For contests with a pending general election recount, 795 returns must be filed by noon on the 19th day following the 796 general election. 797 (c)However,The Department of State may correct 798 typographical errors, including the transposition of numbers, in 799 any returns submitted to the Department of State pursuant to s. 800 102.111(2). 801 Section 13. Paragraph (b) of subsection (4), subsection 802 (5), and paragraph (c) of subsection (7) of section 102.141, 803 Florida Statutes, are amended to read: 804 102.141 County canvassing board; duties.— 805 (4) 806 (b) The canvassing board shall report all early voting and 807 all tabulated vote-by-mail results to the Department of State 808 within 30 minutes after the polls close. Thereafter, the 809 canvassing board shall report, with the exception of provisional 810 ballot results, updated precinct election results to the 811 department at least every hour45 minutesuntil 2 a.m. the next 812 day. Thereafter, the canvassing board must report results on an 813 hourly basis from 9 a.m. until 8 p.m. each day until all results 814 are completely reported. The supervisor of elections shall 815 notify the department immediately of any circumstances that do 816 not permit periodic updates as required. Results shall be 817 submitted in a format prescribed by the department. 818 (5) The canvassing board shall submit on forms or in 819 formats provided by the division unofficial returns to the 820 Department of State for each federal, statewide, state, or 821 multicounty office or ballot measure no later than noon on the 822third day after any primary election and no later than noon on823thefourth day after any primary, general or other election. 824 Such returns shall include the canvass of all ballots as 825 required by subsection (2). 826 (7) If the unofficial returns reflect that a candidate for 827 any office was defeated or eliminated by one-half of a percent 828 or less of the votes cast for such office, that a candidate for 829 retention to a judicial office was retained or not retained by 830 one-half of a percent or less of the votes cast on the question 831 of retention, or that a measure appearing on the ballot was 832 approved or rejected by one-half of a percent or less of the 833 votes cast on such measure, a recount shall be ordered of the 834 votes cast with respect to such office or measure. The Secretary 835 of State is responsible for ordering recounts in federal, state, 836 and multicounty races. The county canvassing board or the local 837 board responsible for certifying the election is responsible for 838 ordering recounts in all other races. A recount need not be 839 ordered with respect to the returns for any office, however, if 840 the candidate or candidates defeated or eliminated from 841 contention for such office by one-half of a percent or less of 842 the votes cast for such office request in writing that a recount 843 not be made. 844 (c) The canvassing board shall submit on forms or in 845 formats provided by the division a second set of unofficial 846 returns to the Department of State for each federal, statewide, 847 state, or multicounty office or ballot measure. The returns for 848 all primary election contests and general election contests not 849 subject to a recount shall be filed no later than 3 p.m. on the 850 9th5thday after theanyprimary or general election, and no 851 later than 5 p.m.3 p.m.on the 12th9thday after theany852 general election for any contest in which a recount was ordered 853 by the Secretary of State. If the canvassing board is unable to 854 complete the recount prescribed in this subsection by the 855 deadline, the second set of unofficial returns submitted by the 856 canvassing board shall be identical to the initial unofficial 857 returns and the submission shall also include a detailed 858 explanation of why it was unable to timely complete the recount. 859 However, the canvassing board shall complete the recount 860 prescribed in this subsection, along with any manual recount 861 prescribed in s. 102.166, and certify election returns in 862 accordance with the requirements of this chapter. 863 Section 14. Subsection (2) of section 102.166, Florida 864 Statutes, is amended to read: 865 102.166 Manual recounts of overvotes and undervotes.— 866 (2)(a)Any hardware or software used to identify and sort 867 overvotes and undervotes for a given race or ballot measure must 868 be certified by the Department of State as part of the voting 869 system pursuant to s. 101.015. Any such hardware or software 870 must be capable of simultaneously identifying and sorting 871 overvotes and undervotes in multiple races while simultaneously 872 counting votes. 873(b)Overvotes and undervotes mustshallbe identified and 874 sorted while recounting ballots pursuant to s. 102.141, if the875hardware or software for this purpose has been certified or the876department’s rules so provide. 877 Section 15. This act shall take effect January 1, 2020.