Bill Text: FL S7066 | 2019 | Regular Session | Engrossed
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-Engrossed.html
Bill Title: Election Administration
Spectrum: Committee Bill
Status: (Passed) 2019-07-01 - Chapter No. 2019-162 [S7066 Detail]
Download: Florida-2019-S7066-Engrossed.html
CS for SB 7066 First Engrossed 20197066e1 1 A bill to be entitled 2 An act relating to election administration; amending 3 s. 97.012, F.S.; requiring the Secretary of State to 4 provide signature matching training to certain 5 persons; amending s. 97.021, F.S.; revising the 6 definition of the term “voter interface device”; 7 amending s. 98.077, F.S.; revising deadlines for voter 8 signature updates for purposes of vote-by-mail and 9 provisional ballots; providing an exception; amending 10 s. 98.0981, F.S.; revising the voter threshold 11 necessary to require the reporting of certain 12 precinct-level results by ballot; amending s. 99.063, 13 F.S.; removing a provision requiring certain language 14 to follow the name of gubernatorial candidates in 15 specified circumstances; amending s. 100.061, F.S.; 16 revising the date of the primary election; amending s. 17 101.015, F.S.; requiring the Department of State to 18 establish minimum security standards to address chain 19 of custody of ballots, transport of ballots, and 20 ballot security; amending s. 101.048, F.S.; requiring 21 a county canvassing board to review certain 22 information; providing requirements for the canvassing 23 and counting of provisional ballots; requiring the 24 supervisor of elections to process a valid provisional 25 ballot cure affidavit as a voter signature update; 26 revising the Provisional Ballot Voter’s Certificate 27 and Affirmation form; providing a process to cure a 28 provisional ballot with a signature deficiency; 29 requiring a supervisor to mail a voter registration 30 application to an elector in certain circumstances; 31 amending s. 101.151, F.S.; revising requirements for 32 department rules governing ballot design; amending s. 33 101.657, F.S.; requiring sufficient nonpermitting 34 parking for voters at certain early voting locations; 35 amending s. 102.031, F.S.; conforming a provision to 36 changes made by the act; prohibiting the owners or 37 operators of a location on which a polling place or 38 early voting site is located from restricting 39 solicitation in certain areas; amending s. 101.20, 40 F.S.; authorizing the distribution of sample ballots 41 by e-mail or mail in lieu of newspaper publication; 42 amending s. 101.56075, F.S.; authorizing voting to be 43 conducted using a voter interface device that produces 44 a voter-verifiable paper output; amending s. 101.5614, 45 F.S.; authorizing certain individuals to serve as 46 witnesses during the ballot duplication process; 47 amending s. 101.62, F.S.; revising the deadlines by 48 which requests for vote-by-mail ballots must be 49 received and by which vote-by-mail ballots shall be 50 mailed by the supervisor; expanding the period during 51 which a designee may physically collect a vote-by-mail 52 ballot; amending s. 101.64, F.S.; requiring the 53 secrecy envelope included with a vote-by-mail ballot 54 to include a specified statement; amending s. 101.65, 55 F.S.; revising requirements for vote-by-mail ballot 56 instructions; amending s. 101.657, F.S.; requiring a 57 supervisor to report the total number of vote-by-mail 58 ballots received at each early voting location; 59 amending s. 101.68, F.S.; revising the date that 60 canvassing of vote-by-mail ballots may begin; revising 61 requirements related to the canvassing and counting of 62 vote-by-mail ballots; revising the deadline by which 63 vote-by-mail ballot cure affidavits must be submitted; 64 requiring the supervisor to process a valid vote-by 65 mail ballot cure affidavit as a voter signature 66 update; amending s. 101.69, F.S.; requiring a 67 supervisor to provide secure drop boxes in specified 68 locations for an elector to place his or her vote-by 69 mail ballot; amending s. 101.6923, F.S.; revising 70 vote-by-mail ballot instructions for certain first 71 time voters; amending s. 102.031, F.S.; expanding the 72 area in which voter solicitation is prohibited; 73 authorizing an elector to photograph his or her own 74 ballot; amending s. 102.141, F.S.; providing notice 75 requirements for meetings of a county canvassing 76 board; requiring certain individuals to wear 77 identification badges during certain periods; amending 78 s. 102.166, F.S.; modifying certification requirements 79 for voting systems to require the functionality to 80 simultaneously sort and count ballot overvotes and 81 undervotes; revising requirements for department rules 82 regarding manual recounts of certain ballots; amending 83 s. 102.168, F.S.; modifying provisions governing 84 election contests to authorize judicial review of 85 additional information related to determining validity 86 of provisional and vote-by-mail ballot signatures to 87 conform to changes made by the act; amending s. 88 104.051, F.S.; providing a penalty for certain 89 supervisors who willfully violate the Florida Election 90 Code; providing effective dates. 91 92 Be It Enacted by the Legislature of the State of Florida: 93 94 Section 1. Subsection (17) is added to section 97.012, 95 Florida Statutes, to read: 96 97.012 Secretary of State as chief election officer.—The 97 Secretary of State is the chief election officer of the state, 98 and it is his or her responsibility to: 99 (17) Provide formal signature matching training to 100 supervisors of elections and county canvassing board members. 101 Section 2. Effective January 1, 2020, subsection (41) of 102 section 97.021, Florida Statutes, is amended to read: 103 97.021 Definitions.—For the purposes of this code, except 104 where the context clearly indicates otherwise, the term: 105 (41) “Voter interface device” means any device that 106 communicates voting instructions and ballot information to a 107 voter and allows the voter to select and vote for candidates and 108 issues. A voter interface device may not be used to tabulate 109 votes. Any vote tabulation must be based upon a subsequent scan 110 of the marked marksense ballot or the voter-verifiable paper 111 output after the voter interface device process has been 112 completed. 113 Section 3. Subsection (4) of section 98.077, Florida 114 Statutes, is amended to read: 115 98.077 Update of voter signature.— 116 (4) Except as authorized in ss. 101.048 and 101.68: 117 (a) All signature updates for use in verifying vote-by-mail 118 and provisional ballots must be received by the appropriate 119 supervisor before the elector’s ballot is received by the 120 supervisor or, in the case of provisional ballots, before the 121 elector’s ballot is castof elections no later than the start of122the canvassing of vote-by-mail ballots by the canvassing board. 123 (b) The signature on file at the time the vote-by-mail 124 ballot is received or at the time the provisional ballot is cast 125start of the canvass of the vote-by-mail ballotsis the 126 signature that shall be used in verifying the signature on the 127 vote-by-mail and provisional ballot certificates, respectively. 128 Section 4. Paragraph (a) of subsection (2) of section 129 98.0981, Florida Statutes, is amended to read: 130 98.0981 Reports; voting history; statewide voter 131 registration system information; precinct-level election 132 results; book closing statistics.— 133 (2) PRECINCT-LEVEL ELECTION RESULTS.— 134 (a) Within 30 days after certification by the Elections 135 Canvassing Commission of a presidential preference primary 136 election, special election, primary election, or general 137 election, the supervisors of elections shall collect and submit 138 to the department precinct-level election results for the 139 election in a uniform electronic format specified by paragraph 140 (c). The precinct-level election results shall be compiled 141 separately for the primary or special primary election that 142 preceded the general or special general election, respectively. 143 The results shall specifically include for each precinct the 144 total of all ballots cast for each candidate or nominee to fill 145 a national, state, county, or district office or proposed 146 constitutional amendment, with subtotals for each candidate and 147 ballot type, unless fewer than 3010voters voted a ballot type. 148 “All ballots cast” means ballots cast by voters who cast a 149 ballot whether at a precinct location, by vote-by-mail ballot 150 including overseas vote-by-mail ballots, during the early voting 151 period, or by provisional ballot. 152 Section 5. Subsection (4) of section 99.063, Florida 153 Statutes, is amended to read: 154 99.063 Candidates for Governor and Lieutenant Governor.— 155 (4) In order to have the name of the candidate for 156 Lieutenant Governor printed on the primary election ballot, a 157 candidate for Governor participating in the primary must 158 designate the candidate for Lieutenant Governor, and the 159 designated candidate must qualify no later than the end of the 160 qualifying period specified in s. 99.061.If the candidate for161Lieutenant Governor has not been designated and has not162qualified by the end of the qualifying period specified in s.16399.061, the phrase “Not Yet Designated” must be included in lieu164of the candidate’s name on the primary election ballot.165 Section 6. Section 100.061, Florida Statutes, is amended to 166 read: 167 100.061 Primary election.—In each year in which a general 168 election is held, a primary election for nomination of 169 candidates of political parties shall be held on the Tuesday 11 17010weeks prior to the general election. The candidate receiving 171 the highest number of votes cast in each contest in the primary 172 election shall be declared nominated for such office. If two or 173 more candidates receive an equal and highest number of votes for 174 the same office, such candidates shall draw lots to determine 175 which candidate is nominated. 176 Section 7. Subsection (4) of section 101.015, Florida 177 Statutes, is amended to read: 178 101.015 Standards for voting systems.— 179 (4)(a) The Department of State shall adopt rules 180 establishing minimum security standards for voting systems. The 181 standards, at a minimum, must address the following: 182 1. Chain of custody of ballots, including a detailed 183 description of procedures to create a complete written record of 184 the chain of custody of ballots and paper outputs beginning with 185 their receipt from a printer or manufacturer until such time as 186 they are destroyed. 187 2. Transport of ballots, including a description of the 188 method and equipment used and a detailed list of the names of 189 all individuals involved in such transport. 190 3. Ballot security, including a requirement that all 191 ballots be kept in a locked room in the supervisor’s office, a 192 facility controlled by the supervisor or county canvassing 193 board, or a public place in which the county canvassing board is 194 canvassing votes until needed for canvassing and returned 195 thereafter. 196 (b)1. Each supervisorof electionsshall establish written 197 procedures to assure accuracy and security in his or her county, 198 including procedures related to early voting pursuant to s. 199 101.657. Such procedures shall be reviewed in each odd-numbered 200 year by the departmentof State. 201 2.(c)Each supervisorof electionsshall submit any 202 revisions to the security procedures to the departmentof State203 at least 45 days before early voting commences pursuant to s. 204 101.657 in an election in which they are to take effect. 205 Section 8. Present subsection (6) of section 101.048, 206 Florida Statutes, is renumbered as subsection (7), subsections 207 (2), (3), and (5) and present subsection (6) of that section are 208 amended, and a new subsection (6) is added to that section, to 209 read: 210 101.048 Provisional ballots.— 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 at the precinct where the person cast a vote in the election and 215 that the person had not already cast a ballot in the election. 216 In determining whether a person casting a provisional ballot is 217 entitled to vote, the county canvassing board shall review the 218 information provided in the Voter’s Certificate and Affirmation, 219 written evidence provided by the person pursuant to subsection 220 (1), information provided in any cure affidavit and accompanying 221 supporting documentation pursuant to subsection (6), any other 222 evidence presented by the supervisorof elections, and, in the 223 case of a challenge, any evidence presented by the challenger. A 224 ballot of a person casting a provisional ballot shall be 225 canvassed pursuant to paragraph (b)countedunless the 226 canvassing board determines by a preponderance of the evidence 227 that the person was not entitled to vote. 228 (b)1.If it is determined that the person was registered 229 and entitled to vote at the precinct where the person cast a 230 vote in the election, the canvassing board mustshallcompare 231 the signature on the Provisional Ballot Voter’s Certificate and 232 Affirmation or the provisional ballot cure affidavit with the 233 signature on the voter’s registration or precinct registerand,234if it matches, shall count the ballot. A provisional ballot may 235 be counted only if: 236 1. The signature on the voter’s certificate or the cure 237 affidavit matches the elector’s signature in the registration 238 books or the precinct register; however, in the case of a cure 239 affidavit, the supporting identification listed in subsection 240 (6) must also confirm the identity of the elector; or 241 2. The cure affidavit contains a signature that does not 242 match the elector’s signature in the registration books or the 243 precinct register, but the elector has submitted a current and 244 valid Tier 1 form of identification confirming his or her 245 identity pursuant to subsection (6). 246 247 For purposes of this paragraph, any canvassing board finding 248 that signatures do not match must be by majority vote and beyond 249 a reasonable doubt. 2502. If it is determined that the person voting the251provisional ballot was not registered or entitled to vote at the252precinct where the person cast a vote in the election, the253 (c) Any provisional ballotshallnotbecounted mustand254the ballot shallremain in the envelope containing the 255 Provisional Ballot Voter’s Certificate and Affirmation and the 256 envelope shall be marked “Rejected as Illegal.” 257 (d) If a provisional ballot is validated following the 258 submission of a cure affidavit, the supervisor must make a copy 259 of the affidavit, affix it to a voter registration application, 260 and immediately process it as a valid request for a signature 261 update pursuant to s. 98.077. 262 (3) The Provisional Ballot Voter’s Certificate and 263 Affirmation shall be in substantially the following form: 264 STATE OF FLORIDA 265 COUNTY OF .... 266 I do solemnly swear (or affirm) that my name is ....; that 267 my date of birth is ....; that I am registered and qualified to 268 vote in .... County, Florida; that I am registered in the .... 269 Party; that I am a qualified voter of the county; and that I 270 have not voted in this election. I understand that if I commit 271 any fraud in connection with voting, vote a fraudulent ballot, 272 or vote more than once in an election, I can be convicted of a 273 felony of the third degree and fined up to $5,000 and/or 274 imprisoned for up to 5 years. Further, by providing my 275 information below, I authorize the use of e-mail, text message, 276 and telephone call for the limited purpose of signature and 277 ballot validation. 278 ...(Printed Name of Voter)... 279 ...(Signature of Voter)... 280 ...(Current Residence Address)... 281 ...(Current Mailing Address)... 282 ...(City, State, Zip Code)... 283 ...(Driver License Number or Last Four Digits of Social Security 284 Number)... 285 ...(E-Mail Address)... 286 ...(Home Telephone Number)... 287 ...(Mobile Telephone Number)... 288 Sworn to and subscribed before me this .... day of ........, 289 ...(year).... 290 ...(Election Official)... 291 Precinct # .... Ballot Style/Party Issued: .... 292 (5) Each person casting a provisional ballot shall be given 293 written instructions regarding the person’s right to provide the 294 supervisorof electionswith written evidence of his or her 295 eligibility to vote and regarding the free access system 296 established pursuant to subsection (7)(6). The instructions 297 mustshallcontain the supervisor’s contact information along 298 with information on how to access the system and the information 299 the voter will need to provide to obtain information on his or 300 her particular ballot. The instructions shall also include the 301 following statement: “If this is a primary election, you should 302 contact the supervisor of elections’ office immediately to 303 confirm that you are registered and can vote in the general 304 election.” 305 (6)(a) As soon as practicable, the supervisor shall, on 306 behalf of the county canvassing board, attempt to notify an 307 elector who has submitted a provisional ballot that does not 308 include the elector’s signature or contains a signature that 309 does not match the elector’s signature in the registration books 310 or precinct register by: 311 1. Notifying the elector of the signature deficiency by e 312 mail and directing the elector to the cure affidavit and 313 instructions on the supervisor’s website; 314 2. Notifying the elector of the signature deficiency by 315 text message and directing the elector to the cure affidavit and 316 instructions on the supervisor’s website; or 317 3. Notifying the elector of the signature deficiency by 318 telephone and directing the elector to the cure affidavit and 319 instructions on the supervisor’s website. 320 321 In addition to the notification required under subparagraph 1., 322 subparagraph 2., or subparagraph 3., the supervisor must notify 323 the elector of the signature deficiency by first-class mail and 324 direct the elector to the cure affidavit and instructions on the 325 supervisor’s website. Beginning the day before the election, the 326 supervisor is not required to provide notice of the signature 327 deficiency by first-class mail, but shall continue to provide 328 notice as required in subparagraph 1., subparagraph 2., or 329 subparagraph 3. 330 (b) Until 5 p.m. on the 2nd day after an election, the 331 supervisor shall allow an elector who has submitted a 332 provisional ballot with a signature deficiency to complete and 333 submit a cure affidavit. 334 (c) The elector must complete a cure affidavit in 335 substantially the following form: 336 337 PROVISIONAL BALLOT CURE AFFIDAVIT 338 I, ...., am a qualified voter in this election and a 339 registered voter of .... County, Florida. I do solemnly swear or 340 affirm that I voted a provisional ballot and that I have not and 341 will not vote more than one ballot in this election. I 342 understand that if I commit or attempt any fraud in connection 343 with voting, vote a fraudulent ballot, or vote more than once in 344 an election, I may be convicted of a felony of the third degree, 345 fined up to $5,000, and imprisoned for up to 5 years. I 346 understand that my failure to sign this affidavit will 347 invalidate my ballot. 348 349 ...(Voter’s Signature)... 350 351 ...(Address)... 352 353 (d) Instructions must accompany the cure affidavit in 354 substantially the following form: 355 356 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 357 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 358 BALLOT NOT TO COUNT. 359 360 1. In order to cure the missing signature or the signature 361 discrepancy on your Provisional Ballot Voter’s Certificate and 362 Affirmation, your affidavit should be completed and returned as 363 soon as possible so that it can reach the supervisor of 364 elections of the county in which your precinct is located no 365 later than 5 p.m. on the 2nd day after the election. 366 2. You must sign your name on the line above (Voter’s 367 Signature). 368 3. You must make a copy of one of the following forms of 369 identification: 370 a. Tier 1 identification.—Current and valid identification 371 that includes your name and photograph: Florida driver license; 372 Florida identification card issued by the Department of Highway 373 Safety and Motor Vehicles; United States passport; debit or 374 credit card; military identification; student identification; 375 retirement center identification; neighborhood association 376 identification; public assistance identification; veteran health 377 identification card issued by the United States Department of 378 Veterans Affairs; Florida license to carry a concealed weapon or 379 firearm; or employee identification card issued by any branch, 380 department, agency, or entity of the Federal Government, the 381 state, a county, or a municipality; or 382 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1 383 FORM OF IDENTIFICATION, identification that shows your name and 384 current residence address: current utility bill; bank statement; 385 government check; paycheck; or government document (excluding 386 voter information card). 387 4. Place the envelope bearing the affidavit into a mailing 388 envelope addressed to the supervisor. Insert a copy of your 389 identification in the mailing envelope. Mail (if time permits), 390 deliver, or have delivered the completed affidavit along with 391 the copy of your identification to your county supervisor of 392 elections. Be sure there is sufficient postage if mailed and 393 that the supervisor’s address is correct. Remember, your 394 information MUST reach your county supervisor of elections no 395 later than 5 p.m. on the 2nd day following the election or your 396 ballot will not count. 397 5. Alternatively, you may fax or e-mail your completed 398 affidavit and a copy of your identification to the supervisor of 399 elections. If e-mailing, please provide these documents as 400 attachments. 401 6. Submitting a provisional ballot affidavit does not 402 establish your eligibility to vote in this election or guarantee 403 that your ballot will be counted. The county canvassing board 404 determines your eligibility to vote through information provided 405 on the Provisional Ballot Voter’s Certificate and Affirmation, 406 written evidence provided by you, including information in your 407 cure affidavit along with any supporting identification, and any 408 other evidence presented by the supervisor of elections or a 409 challenger. You may still be required to present additional 410 written evidence to support your eligibility to vote. 411 (e) The department and each supervisor shall include the 412 affidavit and instructions on their respective websites. The 413 supervisor shall include his or her office mailing address, e 414 mail address, and fax number on the page containing the 415 affidavit instructions, and the department’s instruction page 416 shall include the office mailing addresses, e-mail addresses, 417 and fax numbers of all supervisors or provide a conspicuous link 418 to such addresses. 419 (f) The supervisor shall attach each affidavit received to 420 the appropriate provisional ballot envelope containing the 421 Provisional Ballot Voter’s Certificate and Affirmation. 422 (7)(a)(6)Each supervisorof electionsshall establish a 423 free access system that allows each person who casts a 424 provisional ballot to determine whether his or her provisional 425 ballot was counted in the final canvass of votes and, if not, 426 the reasons why. Information regarding provisional ballots shall 427 be available no later than 30 days following the election. The 428 system established must restrict information regarding an 429 individual ballot to the person who cast the ballot. 430 (b) Unless processed as a signature update pursuant to 431 subsection (2), the supervisor shall mail a voter registration 432 application to the elector to be completed indicating the 433 elector’s current signature if the signature on the voter’s 434 certificate or cure affidavit did not match the elector’s 435 signature in the registration books or precinct register. 436 Section 9. Paragraph (b) of subsection (1) and subsection 437 (9) of section 101.151, Florida Statutes, are amended to read: 438 101.151 Specifications for ballots.— 439 (1) 440 (b) Polling places and early voting sites may employ a 441 ballot-on-demand production system to print individual marksense 442 ballots, including provisional ballots, for eligible electors 443pursuant to s. 101.657. Ballot-on-demand technology may be used 444 to produce marksense vote-by-mail and election-day ballots. 445 (9)(a) The Department of State shall adopt rules 446 prescribing a uniform primary and general election ballot for 447 each certified voting system. The rules shall incorporate the 448 requirements set forth in this section and shall prescribe 449 additional matters and forms that include, without limitation: 450 1. The ballot title followed by clear and unambiguous 451 ballot instructions and directions limited to a single location 452 on the ballot, either: 453 a. Centered across the top of the ballot; or 454 b. In the leftmost column, with no individual races in that 455 column unless it is the only column on the ballot; 456 2. Individual race layout;and457 3. Overall ballot layout; and 458 4. Oval vote targets as the only permissible type of vote 459 target, except as provided in s. 101.56075. 460 (b) Thedepartmentrules mustshallgraphically depict a 461 sample uniform primary and general election ballot form for each 462 certified voting system. 463 Section 10. Paragraph (a) of subsection (1) of section 464 101.657, Florida Statutes, is amended to read: 465 101.657 Early voting.— 466 (1)(a) As a convenience to the voter, the supervisor of 467 elections shall allow an elector to vote early in the main or 468 branch office of the supervisor. The supervisor shall mark, 469 code, indicate on, or otherwise track the voter’s precinct for 470 each early voted ballot. In order for a branch office to be used 471 for early voting, it shall be a permanent facility of the 472 supervisor and shall have been designated and used as such for 473 at least 1 year prior to the election. The supervisor may also 474 designate any city hall, permanent public library facility, 475 fairground, civic center, courthouse, county commission 476 building, stadium, convention center, government-owned senior 477 center, or government-owned community center as early voting 478 sites; however, if so designated, the sites must be 479 geographically located so as to provide all voters in the county 480 an equal opportunity to cast a ballot, insofar as is 481 practicable, and must provide sufficient nonpermitted parking to 482 accommodate the anticipated amount of voters. In addition, a 483 supervisor may designate one early voting site per election in 484 an area of the county that does not have any of the eligible 485 early voting locations. Such additional early voting site must 486 be geographically located so as to provide all voters in that 487 area with an equal opportunity to cast a ballot, insofar as is 488 practicable, and must provide sufficient nonpermitted parking to 489 accommodate the anticipated amount of voters. Each county shall, 490 at a minimum, operate the same total number of early voting 491 sites for a general election which the county operated for the 492 2012 general election. The results or tabulation of votes cast 493 during early voting may not be made before the close of the 494 polls on election day. Results shall be reported by precinct. 495 Section 11. Paragraph (c) of subsection (4) of section 496 102.031, Florida Statutes, is amended, and paragraph (e) is 497 added to that subsection, to read: 498 102.031 Maintenance of good order at polls; authorities; 499 persons allowed in polling rooms and early voting areas; 500 unlawful solicitation of voters.— 501 (4) 502 (c) Each supervisor of elections shall inform the clerk of 503 the area within which soliciting is unlawful, based on the 504 particular characteristics of that polling place. The supervisor 505 or the clerk may take any reasonable action necessary to ensure 506 order at the polling places, including, but not limited to, 507 having disruptive and unruly persons removed by law enforcement 508 officers from the polling room or place or from the 150-foot 509100-footzone surrounding the polling place. 510 (e) The owner, operator, or lessee of the property on which 511 a polling place or an early voting site is located, or an agent 512 or employee thereof, may not prohibit the solicitation of voters 513 outside of the no-solicitation zone during polling hours. 514 Section 12. Subsection (2) of section 101.20, Florida 515 Statutes, is amended to read: 516 101.20 Publication of ballot form; sample ballots.— 517 (2)(a) Upon completion of the list of qualified candidates, 518 a sample ballot shall be published by the supervisorof519electionsin a newspaper of general circulation in the county, 520 before the day of election. 521 (b) In lieu of the publication required under paragraph 522 (a), a supervisor may send a sample ballot to each registered 523 elector by e-mail at least 7 days before an election if an e 524 mail address has been provided and the elector has opted to 525 receive a sample ballot by electronic delivery. If an e-mail 526 address has not been provided, or if the elector has not opted 527 for electronic delivery, a sample ballot may be mailed to each 528 registered elector or to each household in which there is a 529 registered elector at least 7 days before an election. 530 Section 13. Effective January 1, 2020, section 101.56075, 531 Florida Statutes, is amended to read: 532 101.56075 Voting methods.—For the purpose of designating 533 ballot selections, 534(1) Except as provided in subsection (2),all voting must 535shallbe by marksense ballot, usingutilizinga marking device 536 or a voter interface device that produces a voter-verifiable 537 paper output andfor the purpose of designating ballot538selections.539(2) Persons with disabilities may vote on a voter interface540device that meets the voting system accessibility requirements541for individuals with disabilities pursuant to s. 301 of the542federal Help America Vote Act of 2002 and s. 101.56062.543(3) By 2020, persons with disabilities shall vote on a544voter interface devicethatmeets the voter accessibility 545 requirements for individuals with disabilities under s. 301 of 546 the federal Help America Vote Act of 2002 and s. 101.56062which547are consistent with subsection (1) of this section. 548 Section 14. Paragraph (a) of subsection (4) of section 549 101.5614, Florida Statutes, is amended to read: 550 101.5614 Canvass of returns.— 551 (4)(a) If any vote-by-mail ballot is physically damaged so 552 that it cannot properly be counted by the automatic tabulating 553 equipment, a true duplicate copy shall be made of the damaged 554 ballot in the presence of witnesses and substituted for the 555 damaged ballot. Likewise, a duplicate ballot shall be made of a 556 vote-by-mail ballot containing an overvoted race or a marked 557 vote-by-mail ballot in which every race is undervoted which 558 shall include all valid votes as determined by the canvassing 559 board based on rules adopted by the division pursuant to s. 560 102.166(4). Upon request, a physically present candidate, a 561 political party official, a political committee official, or an 562 authorized designee thereof, must be allowed to observe the 563 duplication of ballots. All duplicate ballots shall be clearly 564 labeled “duplicate,” bear a serial number which shall be 565 recorded on the defective ballot, and be counted in lieu of the 566 defective ballot. After a ballot has been duplicated, the 567 defective ballot shall be placed in an envelope provided for 568 that purpose, and the duplicate ballot shall be tallied with the 569 other ballots for that precinct. 570 Section 15. Subsection (2) and paragraphs (b) and (c) of 571 subsection (4) of section 101.62, Florida Statutes, are amended 572 to read: 573 101.62 Request for vote-by-mail ballots.— 574 (2) A request for a vote-by-mail ballot to be mailed to a 575 voter must be received no later than 5 p.m. on the 10thsixth576 day before the election by the supervisorof elections. The 577 supervisorof electionsshall mail vote-by-mail ballots to 578 voters requesting ballots by such deadline no later than 84579 days before the election. 580 (4) 581 (b) The supervisorof electionsshall mail a vote-by-mail 582 ballot to each absent qualified voter, other than those listed 583 in paragraph (a), who has requested such a ballot, between the 584 40th35thand 33rd28thdays before the presidential preference 585 primary election, primary election, and general election. Except 586 as otherwise provided in subsection (2) and after the period 587 described in this paragraph, the supervisor shall mail vote-by 588 mail ballots within 2 business days after receiving a request 589 for such a ballot. 590 (c) The supervisor shall provide a vote-by-mail ballot to 591 each elector by whom a request for that ballot has been made by 592 one of the following means: 593 1. By nonforwardable, return-if-undeliverable mail to the 594 elector’s current mailing address on file with the supervisor or 595 any other address the elector specifies in the request. 596 2. By forwardable mail, e-mail, or facsimile machine 597 transmission to absent uniformed services voters and overseas 598 voters. The absent uniformed services voter or overseas voter 599 may designate in the vote-by-mail ballot request the preferred 600 method of transmission. If the voter does not designate the 601 method of transmission, the vote-by-mail ballot shall be mailed. 602 3. By personal delivery before 7 p.m. on election day to 603 the elector, upon presentation of the identification required in 604 s. 101.043. 605 4. By delivery to a designee on election day or up to 95606 days prior to the day of an election. Any elector may designate 607 in writing a person to pick up the ballot for the elector; 608 however, the person designated may not pick up more than two 609 vote-by-mail ballots per election, other than the designee’s own 610 ballot, except that additional ballots may be picked up for 611 members of the designee’s immediate family. For purposes of this 612 section, “immediate family” means the designee’s spouse or the 613 parent, child, grandparent, or sibling of the designee or of the 614 designee’s spouse. The designee shall provide to the supervisor 615 the written authorization by the elector and a picture 616 identification of the designee and must complete an affidavit. 617 The designee shall state in the affidavit that the designee is 618 authorized by the elector to pick up that ballot and shall 619 indicate if the elector is a member of the designee’s immediate 620 family and, if so, the relationship. The department shall 621 prescribe the form of the affidavit. If the supervisor is 622 satisfied that the designee is authorized to pick up the ballot 623 and that the signature of the elector on the written 624 authorization matches the signature of the elector on file, the 625 supervisor shall give the ballot to that designee for delivery 626 to the elector. 627 5. Except as provided in s. 101.655, the supervisor may not 628 deliver a vote-by-mail ballot to an elector or an elector’s 629 immediate family member on the day of the election unless there 630 is an emergency, to the extent that the elector will be unable 631 to go to his or her assigned polling place. If a vote-by-mail 632 ballot is delivered, the elector or his or her designee shall 633 execute an affidavit affirming to the facts which allow for 634 delivery of the vote-by-mail ballot. The department shall adopt 635 a rule providing for the form of the affidavit. 636 Section 16. Subsection (1) of section 101.64, Florida 637 Statutes, is amended, and subsection (5) is added to that 638 section, to read: 639 101.64 Delivery of vote-by-mail ballots; envelopes; form.— 640 (1) The supervisor shall enclose with each vote-by-mail 641 ballot two envelopes: a secrecy envelope, into which the absent 642 elector shall enclose his or her marked ballot; and a mailing 643 envelope, into which the absent elector shall then place the 644 secrecy envelope, which shall be addressed to the supervisor and 645 also bear on the back side a certificate in substantially the 646 following form: 647 Note: Please Read Instructions Carefully Before 648 Marking Ballot and Completing Voter’s Certificate. 649 VOTER’S CERTIFICATE 650 I, ...., do solemnly swear or affirm that I am a qualified 651 and registered voter of .... County, Florida, and that I have 652 not and will not vote more than one ballot in this election. I 653 understand that if I commit or attempt to commit any fraud in 654 connection with voting, vote a fraudulent ballot, or vote more 655 than once in an election, I can be convicted of a felony of the 656 third degree and fined up to $5,000 and/or imprisoned for up to 657 5 years. I also understand that failure to sign this certificate 658 will invalidate my ballot. 659 660 ...(Date)... ...(Voter’s Signature)... 661 ...(E-Mail Address)... ...(Home Telephone Number)... 662 ...(Mobile Telephone Number)... 663 (5) The secrecy envelope must include, in bold font, 664 substantially the following message: 665 666 IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR SUPERVISOR 667 OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 P.M. ON ELECTION DAY. 668 IF YOU WAIT TO MAIL YOUR BALLOT, YOUR VOTE MIGHT NOT COUNT. TO 669 PREVENT THIS FROM OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT 670 AS SOON AS POSSIBLE. 671 Section 17. Section 101.65, Florida Statutes, is amended to 672 read: 673 101.65 Instructions to absent electors.—The supervisor 674 shall enclose with each vote-by-mail ballot separate printed 675 instructions in substantially the following form; however, where 676 the instructions appear in capitalized text, the text of the 677 printed instructions must be in bold font: 678 READ THESE INSTRUCTIONS CAREFULLY 679 BEFORE MARKING BALLOT. 680 1. VERY IMPORTANT. In order to ensure that your vote-by 681 mail ballot will be counted, it should be completed and returned 682 as soon as possible so that it can reach the supervisor of 683 elections of the county in which your precinct is located no 684 later than 7 p.m. on the day of the election. However, if you 685 are an overseas voter casting a ballot in a presidential 686 preference primary or general election, your vote-by-mail ballot 687 must be postmarked or dated no later than the date of the 688 election and received by the supervisor of elections of the 689 county in which you are registered to vote no later than 10 days 690 after the date of the election. Note that the later you return 691 your ballot, the less time you will have to cure any signature 692 deficiencies, which is authorized until 5 p.m. on the 2nd day 693 after the election. 694 2. Mark your ballot in secret as instructed on the ballot. 695 You must mark your own ballot unless you are unable to do so 696 because of blindness, disability, or inability to read or write. 697 3. Mark only the number of candidates or issue choices for 698 a race as indicated on the ballot. If you are allowed to “Vote 699 for One” candidate and you vote for more than one candidate, 700 your vote in that race will not be counted. 701 4. Place your marked ballot in the enclosed secrecy 702 envelope. 703 5. Insert the secrecy envelope into the enclosed mailing 704 envelope which is addressed to the supervisor. 705 6. Seal the mailing envelope and completely fill out the 706 Voter’s Certificate on the back of the mailing envelope. 707 7. VERY IMPORTANT. In order for your vote-by-mail ballot to 708 be counted, you must sign your name on the line above (Voter’s 709 Signature). A vote-by-mail ballot will be considered illegal and 710 not be counted if the signature on the voter’s certificate does 711 not match the signature on record. The signature on file at the 712 time the supervisor of elections in the county in which your 713 precinct is located receives your vote-by-mail ballotstart of714the canvass of the vote-by-mail ballotsis the signature that 715 will be used to verify your signature on the voter’s 716 certificate. If you need to update your signature for this 717 election, send your signature update on a voter registration 718 application to your supervisor of elections so that it is 719 received before your vote-by-mail ballot is receivedno later720than the start of the canvassing of vote-by-mail ballots, which721occurs no earlier than the 15th day before election day. 722 8. VERY IMPORTANT. If you are an overseas voter, you must 723 include the date you signed the Voter’s Certificate on the line 724 above (Date) or your ballot may not be counted. 725 9. Mail, deliver, or have delivered the completed mailing 726 envelope. Be sure there is sufficient postage if mailed. THE 727 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE 728 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS 729 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX, 730 AVAILABLE AT EACH EARLY VOTING LOCATION. 731 10. FELONY NOTICE. It is a felony under Florida law to 732 accept any gift, payment, or gratuity in exchange for your vote 733 for a candidate. It is also a felony under Florida law to vote 734 in an election using a false identity or false address, or under 735 any other circumstances making your ballot false or fraudulent. 736 Section 18. Subsection (2) of section 101.657, Florida 737 Statutes, is amended to read: 738 101.657 Early voting.— 739 (2) During any early voting period, each supervisorof740electionsshall make available the total number of voters 741 casting a ballot at each early voting location and the total 742 number of vote-by-mail ballots received under s. 101.69(2) 743 during the previous day. Each supervisor shall prepare an 744 electronic data file listing the individual voters who cast a 745 ballot during the early voting period. This information shall be 746 provided in electronic format as provided by rule adopted by the 747 division. The information shall be updated and made available no 748 later than noon of each day and shall be contemporaneously 749 provided to the division. 750 Section 19. Paragraphs (a) and (c) of subsection (2) and 751 subsection (4) of section 101.68, Florida Statutes, are amended 752 to read: 753 101.68 Canvassing of vote-by-mail ballot.— 754 (2)(a) The county canvassing board may begin the canvassing 755 of vote-by-mail ballots at 7 a.m. on the 22nd15thday before 756 the election, but not later than noon on the day following the 757 election. In addition, for any county using electronic 758 tabulating equipment, the processing of vote-by-mail ballots 759 through such tabulating equipment may begin at 7 a.m. on the 760 22nd15thday before the election. However, notwithstanding any 761 such authorization to begin canvassing or otherwise processing 762 vote-by-mail ballots early, no result shall be released until 763 after the closing of the polls in that county on election day. 764 Any supervisorof elections, deputy supervisorof elections, 765 canvassing board member, election board member, or election 766 employee who releases the results of a canvassing or processing 767 of vote-by-mail ballots prior to the closing of the polls in 768 that county on election day commits a felony of the third 769 degree, punishable as provided in s. 775.082, s. 775.083, or s. 770 775.084. 771 (c)1. The canvassing board must, if the supervisor has not 772 already done so, compare the signature of the elector on the 773 voter’s certificate or on the vote-by-mail ballot cure affidavit 774 as provided in subsection (4) with the signature of the elector 775 in the registration books or the precinct register to see that 776 the elector is duly registered in the county and to determine 777 the legality of that vote-by-mail ballot. A vote-by-mail ballot 778 may only be counted if: 779 a. The signature on the voter’s certificate or the cure 780 affidavit matches the elector’s signature in the registration 781 books or precinct register; however, in the case of a cure 782 affidavit, the supporting identification listed in subsection 783 (4) must also confirm the identity of the elector; or 784 b. The cure affidavit contains a signature that does not 785 match the elector’s signature in the registration books or 786 precinct register, but the elector has submitted a current and 787 valid Tier 1 identification pursuant to subsection (4) which 788 confirms the identity of the elector. 789 790 For purposes of this subparagraph, any canvassing board finding 791 that an elector’s signatures do not match must be by majority 792 vote and beyond a reasonable doubt. 793 2. The ballot of an elector who casts a vote-by-mail ballot 794 shall be counted even if the elector dies on or before election 795 day, as long as, before the death of the voter, the ballot was 796 postmarked by the United States Postal Service, date-stamped 797 with a verifiable tracking number by a common carrier, or 798 already in the possession of the supervisorof elections. 799 3. A vote-by-mail ballot is not considered illegal if the 800 signature of the elector does not cross the seal of the mailing 801 envelope. 802 4. If any elector or candidate present believes that a 803 vote-by-mail ballot is illegal due to a defect apparent on the 804 voter’s certificate or the cure affidavit, he or she may, at any 805 time before the ballot is removed from the envelope, file with 806 the canvassing board a protest against the canvass of that 807 ballot, specifying the precinct, the ballot, and the reason he 808 or she believes the ballot to be illegal. A challenge based upon 809 a defect in the voter’s certificate or cure affidavit may not be 810 accepted after the ballot has been removed from the mailing 811 envelope. 812 5. If the canvassing board determines that a ballot is 813 illegal, a member of the board must, without opening the 814 envelope, mark across the face of the envelope: “rejected as 815 illegal.” The cure affidavit, if applicable, the envelope, and 816 the ballot therein shall be preserved in the manner that 817 official ballots are preserved. 818 (4)(a) As soon as practicable, the supervisor shall, on 819 behalf of the county canvassing board, attempt toimmediately820 notify an elector who has returned a vote-by-mail ballot that 821 does not include the elector’s signature or contains a signature 822 that does not match the elector’s signature in the registration 823 books or precinct register by: 824 1. Notifying the elector of the signature deficiency by e 825 mail and directing the elector to the cure affidavit and 826 instructions on the supervisor’s website; 827 2. Notifying the elector of the signature deficiency by 828 text message and directing the elector to the cure affidavit and 829 instructions on the supervisor’s website; or 830 3. Notifying the elector of the signature deficiency by 831 telephone and directing the elector to the cure affidavit and 832 instructions on the supervisor’s website. 833 834 In addition to the notification required under subparagraph 1., 835 subparagraph 2., or subparagraph 3., the supervisor must notify 836 the elector of the signature deficiency by first-class mail and 837 direct the elector to the cure affidavit and instructions on the 838 supervisor’s website. Beginning the day before the election, the 839 supervisor is not required to provide notice of the signature 840 deficiency by first-class mail, but shall continue to provide 841 notice as required under subparagraph 1., subparagraph 2., or 842 subparagraph 3. 843 (b) The supervisor shall allow such an elector to complete 844 and submit an affidavit in order to cure the vote-by-mail ballot 845 until 5 p.m. on the 2nd day afterbeforethe election. 846 (c)(b)The elector must complete a cure affidavit in 847 substantially the following form: 848 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT 849 I, ...., am a qualified voter in this election and 850 registered voter of .... County, Florida. I do solemnly swear or 851 affirm that I requested and returned the vote-by-mail ballot and 852 that I have not and will not vote more than one ballot in this 853 election. I understand that if I commit or attempt any fraud in 854 connection with voting, vote a fraudulent ballot, or vote more 855 than once in an election, I may be convicted of a felony of the 856 third degree and fined up to $5,000 and imprisoned for up to 5 857 years. I understand that my failure to sign this affidavit means 858 that my vote-by-mail ballot will be invalidated. 859 ...(Voter’s Signature)... 860 ...(Address)... 861 (d)(c)Instructions must accompany the cure affidavit in 862 substantially the following form: 863 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 864 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 865 BALLOT NOT TO COUNT. 866 1. In order to ensure that your vote-by-mail ballot will be 867 counted, your affidavit should be completed and returned as soon 868 as possible so that it can reach the supervisor of elections of 869 the county in which your precinct is located no later than 5 870 p.m. on the 2nd day afterbeforethe election. 871 2. You must sign your name on the line above (Voter’s 872 Signature). 873 3. You must make a copy of one of the following forms of 874 identification: 875 a. Tier 1 identification.—Current and valid identification 876 that includes your name and photograph: Florida driver license; 877 Florida identification card issued by the Department of Highway 878 Safety and Motor Vehicles; United States passport; debit or 879 credit card; military identification; student identification; 880 retirement center identification; neighborhood association 881 identification; public assistance identification; veteran health 882 identification card issued by the United States Department of 883 Veterans Affairs; a Florida license to carry a concealed weapon 884 or firearm; or an employee identification card issued by any 885 branch, department, agency, or entity of the Federal Government, 886 the state, a county, or a municipality; or 887 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1 888 FORM OF IDENTIFICATION, identification that shows your name and 889 current residence address: current utility bill, bank statement, 890 government check, paycheck, or government document (excluding 891 voter informationidentificationcard). 892 4. Place the envelope bearing the affidavit into a mailing 893 envelope addressed to the supervisor. Insert a copy of your 894 identification in the mailing envelope. Mail (if time permits), 895 deliver, or have delivered the completed affidavit along with 896 the copy of your identification to your county supervisor of 897 elections. Be sure there is sufficient postage if mailed and 898 that the supervisor’s address is correct. Remember, your 899 information MUST reach your county supervisor of elections no 900 later than 5 p.m. on the 2nd day after the election, or your 901 ballot will not count. 902 5. Alternatively, you may fax or e-mail your completed 903 affidavit and a copy of your identification to the supervisor of 904 elections. If e-mailing, please provide these documents as 905 attachments. 906 (e)(d)The department and each supervisor shall include the 907 affidavit and instructions on their respective websites. The 908 supervisor must include his or her office’s mailing address, e 909 mail address, and fax number on the page containing the 910 affidavit instructions, and;the department’s instruction page 911 must include the office mailing addresses, e-mail addresses, and 912 fax numbers of all supervisors of elections or provide a 913 conspicuous link to such addresses. 914 (f)(e)The supervisor shall attach each affidavit received 915 to the appropriate vote-by-mail ballot mailing envelope. 916 (g)(f)If a vote-by-mail ballot is validated following the 917 submission of a cure affidavit, the supervisor shall make a copy 918 of the affidavit, affix it to a voter registration application, 919 and immediately process it as a valid request for a signature 920 update pursuant to s. 98.077. 921 (h) After all election results on the ballot have been 922 certified, the supervisor shall, on behalf of the county 923 canvassing board, notify each elector whose ballot has been 924 rejected as illegal and provide the specific reason the ballot 925 was rejected. In addition, unless processed as a signature 926 update pursuant to paragraph (g), the supervisor shall mail a 927 voter registration application to the elector to be completed 928 indicating the elector’s current signature if the signature on 929 the voter’s certificate or cure affidavit did not match the 930 elector’s signature in the registration books or precinct 931 register.This section does not prohibit the supervisor from932providing additional methods for updating an elector’s933signature.934 Section 20. Section 101.69, Florida Statutes, is amended to 935 read: 936 101.69 Voting in person; return of vote-by-mail ballot.— 937 (1) The provisions of this code shall not be construed to 938 prohibit any elector from voting in person at the elector’s 939 precinct on the day of an election or at an early voting site, 940 notwithstanding that the elector has requested a vote-by-mail 941 ballot for that election. An elector who has returned a voted 942 vote-by-mail ballot to the supervisor, however, is deemed to 943 have cast his or her ballot and is not entitled to vote another 944 ballot or to have a provisional ballot counted by the county 945 canvassing board. An elector who has received a vote-by-mail 946 ballot and has not returned the voted ballot to the supervisor, 947 but desires to vote in person, shall return the ballot, whether 948 voted or not, to the election board in the elector’s precinct or 949 to an early voting site. The returned ballot shall be marked 950 “canceled” by the board and placed with other canceled ballots. 951 However, if the elector does not return the ballot and the 952 election official: 953 (a)(1)Confirms that the supervisor has received the 954 elector’s vote-by-mail ballot, the elector shall not be allowed 955 to vote in person. If the elector maintains that he or she has 956 not returned the vote-by-mail ballot or remains eligible to 957 vote, the elector shall be provided a provisional ballot as 958 provided in s. 101.048. 959 (b)(2)Confirms that the supervisor has not received the 960 elector’s vote-by-mail ballot, the elector shall be allowed to 961 vote in person as provided in this code. The elector’s vote-by 962 mail ballot, if subsequently received, shall not be counted and 963 shall remain in the mailing envelope, and the envelope shall be 964 marked “Rejected as Illegal.” 965 (c)(3)Cannot determine whether the supervisor has received 966 the elector’s vote-by-mail ballot, the elector may vote a 967 provisional ballot as provided in s. 101.048. 968 (2) The supervisor shall allow an elector who has received 969 a vote-by-mail ballot to physically return a voted vote-by-mail 970 ballot to the supervisor by placing the envelope containing his 971 or her marked ballot in a secure drop box. Secure drop boxes 972 shall only be placed at the main office of the supervisor, at 973 each branch office of the supervisor, and at each early voting 974 site. 975 Section 21. Subsection (2) of section 101.6923, Florida 976 Statutes, is amended to read: 977 101.6923 Special vote-by-mail ballot instructions for 978 certain first-time voters.— 979 (2) A voter covered by this section shall be provided with 980 printed instructions with his or her vote-by-mail ballot in 981 substantially the following form: 982 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT. 983 FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT 984 TO COUNT. 985 1. In order to ensure that your vote-by-mail ballot will be 986 counted, it should be completed and returned as soon as possible 987 so that it can reach the supervisor of elections of the county 988 in which your precinct is located no later than 7 p.m. on the 989 date of the election. However, if you are an overseas voter 990 casting a ballot in a presidential preference primary or general 991 election, your vote-by-mail ballot must be postmarked or dated 992 no later than the date of the election and received by the 993 supervisor of elections of the county in which you are 994 registered to vote no later than 10 days after the date of the 995 election. 996 2. Mark your ballot in secret as instructed on the ballot. 997 You must mark your own ballot unless you are unable to do so 998 because of blindness, disability, or inability to read or write. 999 3. Mark only the number of candidates or issue choices for 1000 a race as indicated on the ballot. If you are allowed to “Vote 1001 for One” candidate and you vote for more than one, your vote in 1002 that race will not be counted. 1003 4. Place your marked ballot in the enclosed secrecy 1004 envelope and seal the envelope. 1005 5. Insert the secrecy envelope into the enclosed envelope 1006 bearing the Voter’s Certificate. Seal the envelope and 1007 completely fill out the Voter’s Certificate on the back of the 1008 envelope. 1009 a. You must sign your name on the line above (Voter’s 1010 Signature). 1011 b. If you are an overseas voter, you must include the date 1012 you signed the Voter’s Certificate on the line above (Date) or 1013 your ballot may not be counted. 1014 c. A vote-by-mail ballot will be considered illegal and 1015 will not be counted if the signature on the Voter’s Certificate 1016 does not match the signature on record. The signature on file at 1017 the start of the canvass of the vote-by-mail ballots is the 1018 signature that will be used to verify your signature on the 1019 Voter’s Certificate. If you need to update your signature for 1020 this election, send your signature update on a voter 1021 registration application to your supervisor of elections so that 1022 it is received before your vote-by-mail ballot is receivedno1023later than the start of canvassing of vote-by-mail ballots,1024which occurs no earlier than the 15th day before election day. 1025 6. Unless you meet one of the exemptions in Item 7., you 1026 must make a copy of one of the following forms of 1027 identification: 1028 a. Identification which must include your name and 1029 photograph: United States passport; debit or credit card; 1030 military identification; student identification; retirement 1031 center identification; neighborhood association identification; 1032 public assistance identification; veteran health identification 1033 card issued by the United States Department of Veterans Affairs; 1034 a Florida license to carry a concealed weapon or firearm; or an 1035 employee identification card issued by any branch, department, 1036 agency, or entity of the Federal Government, the state, a 1037 county, or a municipality; or 1038 b. Identification which shows your name and current 1039 residence address: current utility bill, bank statement, 1040 government check, paycheck, or government document (excluding 1041 voter informationidentificationcard). 1042 7. The identification requirements of Item 6. do not apply 1043 if you meet one of the following requirements: 1044 a. You are 65 years of age or older. 1045 b. You have a temporary or permanent physical disability. 1046 c. You are a member of a uniformed service on active duty 1047 who, by reason of such active duty, will be absent from the 1048 county on election day. 1049 d. You are a member of the Merchant Marine who, by reason 1050 of service in the Merchant Marine, will be absent from the 1051 county on election day. 1052 e. You are the spouse or dependent of a member referred to 1053 in paragraph c. or paragraph d. who, by reason of the active 1054 duty or service of the member, will be absent from the county on 1055 election day. 1056 f. You are currently residing outside the United States. 1057 8. Place the envelope bearing the Voter’s Certificate into 1058 the mailing envelope addressed to the supervisor. Insert a copy 1059 of your identification in the mailing envelope. DO NOT PUT YOUR 1060 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR 1061 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR 1062 BALLOT WILL NOT COUNT. 1063 9. Mail, deliver, or have delivered the completed mailing 1064 envelope. Be sure there is sufficient postage if mailed. 1065 10. FELONY NOTICE. It is a felony under Florida law to 1066 accept any gift, payment, or gratuity in exchange for your vote 1067 for a candidate. It is also a felony under Florida law to vote 1068 in an election using a false identity or false address, or under 1069 any other circumstances making your ballot false or fraudulent. 1070 Section 22. Paragraph (a) of subsection (4) and subsection 1071 (5) of section 102.031, Florida Statutes, are amended to read: 1072 102.031 Maintenance of good order at polls; authorities; 1073 persons allowed in polling rooms and early voting areas; 1074 unlawful solicitation of voters.— 1075 (4)(a) No person, political committee, or other group or 1076 organization may solicit voters inside the polling place or 1077 within 150100feet of the entrance to any polling place, a 1078 polling room where the polling place is also a polling room, an 1079 early voting site, or an office of the supervisorof elections1080 where vote-by-mail ballots are requested and printed on demand 1081 for the convenience of electors who appear in person to request 1082 them. Before the opening of the polling place or early voting 1083 site, the clerk or supervisor shall designate the no 1084 solicitation zone and mark the boundaries. 1085 (5) No photography is permitted in the polling room or 1086 early voting area, except an elector may photograph his or her 1087 own ballot. 1088 Section 23. Present subsections (9) and (10) of section 1089 102.141, Florida Statutes, are renumbered as subsections (10) 1090 and (11), respectively, subsection (2) of that section is 1091 amended, and a new subsection (9) is added to that section, to 1092 read: 1093 102.141 County canvassing board; duties.— 1094 (2)(a) The county canvassing board shall meet in a building 1095 accessible to the public in the county where the election 1096 occurred at a time and place to be designated by the supervisor 1097of electionsto publicly canvass the absent electors’ ballots as 1098 provided for in s. 101.68 and provisional ballots as provided by 1099 ss. 101.048, 101.049, and 101.6925. Provisional ballots cast 1100 pursuant to s. 101.049 shall be canvassed in a manner that votes 1101 for candidates and issues on those ballots can be segregated 1102 from other votes.Public notice of the time and place at which1103the county canvassing board shall meet to canvass the absent1104electors’ ballots and provisional ballots shall be given at1105least 48 hours prior thereto by publication on the supervisor of1106elections’ website and once in one or more newspapers of general1107circulation in the county or, if there is no newspaper of1108general circulation in the county, by posting such notice in at1109least four conspicuous places in the county.As soon as the 1110 absent electors’ ballots and the provisional ballots are 1111 canvassed, the board shall proceed to publicly canvass the vote 1112 given each candidate, nominee, constitutional amendment, or 1113 other measure submitted to the electorate of the county, as 1114 shown by the returns then on file in the office of the 1115 supervisorof elections. 1116 (b) Public notice of the time and place at which the county 1117 canvassing board shall meet to canvass the absent electors’ 1118 ballots and provisional ballots must be given at least 48 hours 1119 prior thereto by publication on the supervisor’s website and 1120 published in one or more newspapers of general circulation in 1121 the county or, if there is no newspaper of general circulation 1122 in the county, by posting such notice in at least four 1123 conspicuous places in the county. The time given in the notice 1124 as to the convening of the meeting of the county canvassing 1125 board must be specific and may not be a time period during which 1126 the board may meet. 1127 (c) If the county canvassing board suspends or recesses a 1128 meeting publicly noticed pursuant to paragraph (b) for a period 1129 lasting more than 60 minutes, the board must post on the 1130 supervisor’s website the anticipated time at which the board 1131 expects to reconvene. If the county canvassing board does not 1132 reconvene at the specified time, the board must provide at least 1133 2 hours’ notice, which must be posted on the supervisor’s 1134 website, before reconvening. 1135 (d) During any meeting of the county canvassing board, a 1136 physical notice must be placed in a conspicuous area near the 1137 public entrance to the building in which the meeting is taking 1138 place. The physical notice must include the names of the 1139 individuals officially serving as the county canvassing board, 1140 the names of any alternate members, the time of the meeting, and 1141 a brief statement as to the anticipated activities of the county 1142 canvassing board. 1143 (9) Each member, substitute member, and alternate member of 1144 the county canvassing board and all clerical help must wear 1145 identification badges during any period in which the county 1146 canvassing board is canvassing votes or engaging in other 1147 official duties. The identification badges should be worn in a 1148 conspicuous and unobstructed area, and include the name of the 1149 individual and his or her official position. 1150 Section 24. Subsection (2) and paragraph (b) of subsection 1151 (4) of section 102.166, Florida Statutes, are amended to read: 1152 102.166 Manual recounts of overvotes and undervotes.— 1153 (2)(a)Any hardware or software used to identify and sort 1154 overvotes and undervotes for a given race or ballot measure must 1155 be certified by the Department of State as part of the voting 1156 system pursuant to s. 101.015. Any such hardware or software 1157 must be capable of simultaneously identifying and sorting 1158 overvotes and undervotes in multiple races while simultaneously 1159 counting votes. 1160(b)Overvotes and undervotes mustshallbe identified and 1161 sorted while recounting ballots pursuant to s. 102.141, if the1162hardware or software for this purpose has been certified or the1163department’s rules so provide. 1164 (4) 1165 (b) The Department of State shall adopt specific rules for 1166 the federal write-in absentee ballot and for each certified 1167 voting system prescribing what constitutes a “clear indication 1168 on the ballot that the voter has made a definite choice.” The 1169 rules shall be consistent, to the extent practicable, and may 1170 not: 1171 1. Authorize the use of any electronic or electromechanical 1172 reading device to review a hybrid voting system ballot that is 1173 produced using a voter interface device and that contains both 1174 machine-readable fields and machine-printed text of the contest 1175 titles and voter selections, unless the printed text is 1176 illegible; 1177 2. Exclusively provide that the voter must properly mark or 1178 designate his or her choice on the ballot; or 1179 3.2.Contain a catch-all provision that fails to identify 1180 specific standards, such as “any other mark or indication 1181 clearly indicating that the voter has made a definite choice.” 1182 Section 25. Subsection (8) of section 102.168, Florida 1183 Statutes, is amended to read: 1184 102.168 Contest of election.— 1185 (8) In any contest that requires a review of the canvassing 1186 board’s decision on the legality of a provisional or vote-by 1187 mail ballot pursuant to s. 101.048 or s. 101.68 based upon a 1188 comparison of the signature of the elector in the registration 1189 records with the signature on the provisional or vote-by-mail 1190 voter’s certificate or the provisional or vote-by-mail cure 1191 affidavitand the signature of the elector in the registration1192records, the circuit court may not review or consider any 1193 evidence other than the signature of the elector in the 1194 registration records, the signature on the respective voter’s 1195 certificate or cure affidavit, and any supporting identification 1196 that the elector submitted with the cure affidavitand the1197signature of the elector in the registration records. The 1198 court’s review of such issue shall be to determine only if the 1199 canvassing board abused its discretion in making its decision. 1200 Section 26. Subsection (5) is added to section 104.051, 1201 Florida Statutes, to read: 1202 104.051 Violations; neglect of duty; corrupt practices.— 1203 (5) Any supervisor who willfully violates any provision of 1204 the Florida Election Code is, upon a finding of such violation 1205 by a court of competent jurisdiction, prohibited from receiving 1206 the special qualification salary pursuant to s. 145.09(3) for a 1207 period of 24 months, dating from the time of the violation. 1208 Section 27. Except as otherwise expressly provided in this 1209 act, this act shall take effect July 1, 2019.