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 Second Engrossed 20197066e2 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; authorizing placement of secure drop 70 boxes at additional locations, subject to specified 71 limitations; amending ss. 97.052 and 97.053, F.S.; 72 revising requirements for the uniform statewide voter 73 registration application to modify statements an 74 applicant must affirm; revising terminology regarding 75 voting rights restoration to conform to the State 76 Constitution; amending s. 98.045, F.S.; revising 77 terminology regarding voting rights restoration to 78 conform to the State Constitution; amending s. 98.075, 79 F.S.; revising terminology regarding voting rights 80 restoration to conform to the State Constitution; 81 requiring the supervisor of elections of the county in 82 which an ineligible voter is registered to notify the 83 voter of instructions for seeking restoration of 84 voting rights pursuant to s. 4, Art. VI of the State 85 Constitution, in addition to restoration of civil 86 rights pursuant to s. 8, Art. IV of the State 87 Constitution; requiring a notice of a registered 88 voter’s potential ineligibility to include specified 89 information; creating s. 98.0751, F.S.; requiring the 90 voting disqualification of certain felons to be 91 removed and voting rights restored pursuant to s. 4, 92 Art. VI of the State Constitution; providing that the 93 voting disqualification arising from specified factors 94 is not removed unless a person’s civil rights are 95 restored through the clemency process pursuant to s. 96 8, Art. IV of the State Constitution; providing 97 definitions; requiring the Department of State to 98 review information and make an initial determination 99 regarding certain credible and reliable information; 100 requiring the department to forward specified 101 information to supervisors of elections; requiring the 102 supervisor of elections to make a final determination 103 of whether a person who has been convicted of a felony 104 offense is eligible to register to vote, including if 105 he or she has completed all the terms of his or her 106 sentence; authorizing the department to assist the 107 supervisor of elections with such final determination, 108 if necessary; requiring specified provisions to be 109 construed in favor of a voter registrant; amending s. 110 104.011, F.S.; prohibiting a person from being charged 111 or convicted for violations regarding false swearing 112 or submitting false voter registration information 113 under certain conditions; amending s. 940.061, F.S.; 114 requiring the Department of Corrections to inform 115 inmates and offenders of voting rights restoration 116 pursuant to s. 4, Art. VI of the State Constitution, 117 in addition to executive clemency and civil rights 118 restoration; amending s. 944.292, F.S.; conforming a 119 provision regarding the suspension of civil rights; 120 amending s. 944.705, F.S.; requiring the Department of 121 Corrections to include notification of all outstanding 122 terms of sentence in an inmate’s release documents; 123 providing an exception to the notification requirement 124 for inmates who are released to any type of 125 supervision monitored by the department; amending s. 126 947.24, F.S.; requiring the Florida Commission on 127 Offender Review, upon the termination of an offender’s 128 term of parole, control release, or conditional 129 release, to provide written notification to the 130 offender of all outstanding terms of sentence; 131 creating s. 948.041, F.S.; requiring the department, 132 upon the termination of an offender’s term of 133 probation or community control, to provide written 134 notification to the offender of all outstanding terms 135 of sentence; amending s. 951.29, F.S.; requiring each 136 county detention facility to provide information on 137 the restoration of voting rights pursuant to s. 4, 138 Art. VI of the State Constitution to certain 139 prisoners; requiring each county detention facility to 140 provide written notification to certain prisoners of 141 all outstanding terms of sentence upon release; 142 creating the Restoration of Voting Rights Work Group 143 within the Department of State; specifying membership 144 of the work group; establishing the manner of 145 appointments and the terms of membership; prescribing 146 the duties of the work group; requiring the work group 147 to submit a report to the Legislature by a specified 148 date; providing for staffing; authorizing 149 reimbursement for per diem and travel expenses; 150 providing for expiration of the work group; amending 151 s. 101.6923, F.S.; revising vote-by-mail ballot 152 instructions for certain first-time voters; amending 153 s. 102.031, F.S.; expanding the area in which voter 154 solicitation is prohibited; authorizing an elector to 155 photograph his or her own ballot; amending s. 102.141, 156 F.S.; providing notice requirements for meetings of a 157 county canvassing board; requiring certain individuals 158 to wear identification badges during certain periods; 159 amending s. 102.166, F.S.; modifying certification 160 requirements for voting systems to require the 161 functionality to simultaneously sort and count ballot 162 overvotes and undervotes; revising requirements for 163 department rules regarding manual recounts of certain 164 ballots; amending s. 102.168, F.S.; modifying 165 provisions governing election contests to authorize 166 judicial review of additional information related to 167 determining validity of provisional and vote-by-mail 168 ballot signatures to conform to changes made by the 169 act; amending s. 104.051, F.S.; providing a penalty 170 for certain supervisors who willfully violate the 171 Florida Election Code; providing effective dates. 172 173 Be It Enacted by the Legislature of the State of Florida: 174 175 Section 1. Subsection (17) is added to section 97.012, 176 Florida Statutes, to read: 177 97.012 Secretary of State as chief election officer.—The 178 Secretary of State is the chief election officer of the state, 179 and it is his or her responsibility to: 180 (17) Provide formal signature matching training to 181 supervisors of elections and county canvassing board members. 182 Section 2. Effective January 1, 2020, subsection (41) of 183 section 97.021, Florida Statutes, is amended to read: 184 97.021 Definitions.—For the purposes of this code, except 185 where the context clearly indicates otherwise, the term: 186 (41) “Voter interface device” means any device that 187 communicates voting instructions and ballot information to a 188 voter and allows the voter to select and vote for candidates and 189 issues. A voter interface device may not be used to tabulate 190 votes. Any vote tabulation must be based upon a subsequent scan 191 of the marked marksense ballot or the voter-verifiable paper 192 output after the voter interface device process has been 193 completed. 194 Section 3. Subsection (4) of section 98.077, Florida 195 Statutes, is amended to read: 196 98.077 Update of voter signature.— 197 (4) Except as authorized in ss. 101.048 and 101.68: 198 (a) All signature updates for use in verifying vote-by-mail 199 and provisional ballots must be received by the appropriate 200 supervisor before the elector’s ballot is received by the 201 supervisor or, in the case of provisional ballots, before the 202 elector’s ballot is castof elections no later than the start of203the canvassing of vote-by-mail ballots by the canvassing board. 204 (b) The signature on file at the time the vote-by-mail 205 ballot is received or at the time the provisional ballot is cast 206start of the canvass of the vote-by-mail ballotsis the 207 signature that shall be used in verifying the signature on the 208 vote-by-mail and provisional ballot certificates, respectively. 209 Section 4. Paragraph (a) of subsection (2) of section 210 98.0981, Florida Statutes, is amended to read: 211 98.0981 Reports; voting history; statewide voter 212 registration system information; precinct-level election 213 results; book closing statistics.— 214 (2) PRECINCT-LEVEL ELECTION RESULTS.— 215 (a) Within 30 days after certification by the Elections 216 Canvassing Commission of a presidential preference primary 217 election, special election, primary election, or general 218 election, the supervisors of elections shall collect and submit 219 to the department precinct-level election results for the 220 election in a uniform electronic format specified by paragraph 221 (c). The precinct-level election results shall be compiled 222 separately for the primary or special primary election that 223 preceded the general or special general election, respectively. 224 The results shall specifically include for each precinct the 225 total of all ballots cast for each candidate or nominee to fill 226 a national, state, county, or district office or proposed 227 constitutional amendment, with subtotals for each candidate and 228 ballot type, unless fewer than 3010voters voted a ballot type. 229 “All ballots cast” means ballots cast by voters who cast a 230 ballot whether at a precinct location, by vote-by-mail ballot 231 including overseas vote-by-mail ballots, during the early voting 232 period, or by provisional ballot. 233 Section 5. Subsection (4) of section 99.063, Florida 234 Statutes, is amended to read: 235 99.063 Candidates for Governor and Lieutenant Governor.— 236 (4) In order to have the name of the candidate for 237 Lieutenant Governor printed on the primary election ballot, a 238 candidate for Governor participating in the primary must 239 designate the candidate for Lieutenant Governor, and the 240 designated candidate must qualify no later than the end of the 241 qualifying period specified in s. 99.061.If the candidate for242Lieutenant Governor has not been designated and has not243qualified by the end of the qualifying period specified in s.24499.061, the phrase “Not Yet Designated” must be included in lieu245of the candidate’s name on the primary election ballot.246 Section 6. Section 100.061, Florida Statutes, is amended to 247 read: 248 100.061 Primary election.—In each year in which a general 249 election is held, a primary election for nomination of 250 candidates of political parties shall be held on the Tuesday 11 25110weeks prior to the general election. The candidate receiving 252 the highest number of votes cast in each contest in the primary 253 election shall be declared nominated for such office. If two or 254 more candidates receive an equal and highest number of votes for 255 the same office, such candidates shall draw lots to determine 256 which candidate is nominated. 257 Section 7. Subsection (4) of section 101.015, Florida 258 Statutes, is amended to read: 259 101.015 Standards for voting systems.— 260 (4)(a) The Department of State shall adopt rules 261 establishing minimum security standards for voting systems. The 262 standards, at a minimum, must address the following: 263 1. Chain of custody of ballots, including a detailed 264 description of procedures to create a complete written record of 265 the chain of custody of ballots and paper outputs beginning with 266 their receipt from a printer or manufacturer until such time as 267 they are destroyed. 268 2. Transport of ballots, including a description of the 269 method and equipment used and a detailed list of the names of 270 all individuals involved in such transport. 271 3. Ballot security, including a requirement that all 272 ballots be kept in a locked room in the supervisor’s office, a 273 facility controlled by the supervisor or county canvassing 274 board, or a public place in which the county canvassing board is 275 canvassing votes until needed for canvassing and returned 276 thereafter. 277 (b)1. Each supervisorof electionsshall establish written 278 procedures to assure accuracy and security in his or her county, 279 including procedures related to early voting pursuant to s. 280 101.657. Such procedures shall be reviewed in each odd-numbered 281 year by the departmentof State. 282 2.(c)Each supervisorof electionsshall submit any 283 revisions to the security procedures to the departmentof State284 at least 45 days before early voting commences pursuant to s. 285 101.657 in an election in which they are to take effect. 286 Section 8. Present subsection (6) of section 101.048, 287 Florida Statutes, is renumbered as subsection (7), subsections 288 (2), (3), and (5) and present subsection (6) of that section are 289 amended, and a new subsection (6) is added to that section, to 290 read: 291 101.048 Provisional ballots.— 292 (2)(a) The county canvassing board shall examine each 293 Provisional Ballot Voter’s Certificate and Affirmation to 294 determine if the person voting that ballot was entitled to vote 295 at the precinct where the person cast a vote in the election and 296 that the person had not already cast a ballot in the election. 297 In determining whether a person casting a provisional ballot is 298 entitled to vote, the county canvassing board shall review the 299 information provided in the Voter’s Certificate and Affirmation, 300 written evidence provided by the person pursuant to subsection 301 (1), information provided in any cure affidavit and accompanying 302 supporting documentation pursuant to subsection (6), any other 303 evidence presented by the supervisorof elections, and, in the 304 case of a challenge, any evidence presented by the challenger. A 305 ballot of a person casting a provisional ballot shall be 306 canvassed pursuant to paragraph (b)countedunless the 307 canvassing board determines by a preponderance of the evidence 308 that the person was not entitled to vote. 309 (b)1.If it is determined that the person was registered 310 and entitled to vote at the precinct where the person cast a 311 vote in the election, the canvassing board mustshallcompare 312 the signature on the Provisional Ballot Voter’s Certificate and 313 Affirmation or the provisional ballot cure affidavit with the 314 signature on the voter’s registration or precinct registerand,315if it matches, shall count the ballot. A provisional ballot may 316 be counted only if: 317 1. The signature on the voter’s certificate or the cure 318 affidavit matches the elector’s signature in the registration 319 books or the precinct register; however, in the case of a cure 320 affidavit, the supporting identification listed in subsection 321 (6) must also confirm the identity of the elector; or 322 2. The cure affidavit contains a signature that does not 323 match the elector’s signature in the registration books or the 324 precinct register, but the elector has submitted a current and 325 valid Tier 1 form of identification confirming his or her 326 identity pursuant to subsection (6). 327 328 For purposes of this paragraph, any canvassing board finding 329 that signatures do not match must be by majority vote and beyond 330 a reasonable doubt. 3312. If it is determined that the person voting the332provisional ballot was not registered or entitled to vote at the333precinct where the person cast a vote in the election, the334 (c) Any provisional ballotshallnotbecounted mustand335the ballot shallremain in the envelope containing the 336 Provisional Ballot Voter’s Certificate and Affirmation and the 337 envelope shall be marked “Rejected as Illegal.” 338 (d) If a provisional ballot is validated following the 339 submission of a cure affidavit, the supervisor must make a copy 340 of the affidavit, affix it to a voter registration application, 341 and immediately process it as a valid request for a signature 342 update pursuant to s. 98.077. 343 (3) The Provisional Ballot Voter’s Certificate and 344 Affirmation shall be in substantially the following form: 345 STATE OF FLORIDA 346 COUNTY OF .... 347 I do solemnly swear (or affirm) that my name is ....; that 348 my date of birth is ....; that I am registered and qualified to 349 vote in .... County, Florida; that I am registered in the .... 350 Party; that I am a qualified voter of the county; and that I 351 have not voted in this election. I understand that if I commit 352 any fraud in connection with voting, vote a fraudulent ballot, 353 or vote more than once in an election, I can be convicted of a 354 felony of the third degree and fined up to $5,000 and/or 355 imprisoned for up to 5 years. Further, by providing my 356 information below, I authorize the use of e-mail, text message, 357 and telephone call for the limited purpose of signature and 358 ballot validation. 359 ...(Printed Name of Voter)... 360 ...(Signature of Voter)... 361 ...(Current Residence Address)... 362 ...(Current Mailing Address)... 363 ...(City, State, Zip Code)... 364 ...(Driver License Number or Last Four Digits of Social Security 365 Number)... 366 ...(E-Mail Address)... 367 ...(Home Telephone Number)... 368 ...(Mobile Telephone Number)... 369 Sworn to and subscribed before me this .... day of ........, 370 ...(year).... 371 ...(Election Official)... 372 Precinct # .... Ballot Style/Party Issued: .... 373 (5) Each person casting a provisional ballot shall be given 374 written instructions regarding the person’s right to provide the 375 supervisorof electionswith written evidence of his or her 376 eligibility to vote and regarding the free access system 377 established pursuant to subsection (7)(6). The instructions 378 mustshallcontain the supervisor’s contact information along 379 with information on how to access the system and the information 380 the voter will need to provide to obtain information on his or 381 her particular ballot. The instructions shall also include the 382 following statement: “If this is a primary election, you should 383 contact the supervisor of elections’ office immediately to 384 confirm that you are registered and can vote in the general 385 election.” 386 (6)(a) As soon as practicable, the supervisor shall, on 387 behalf of the county canvassing board, attempt to notify an 388 elector who has submitted a provisional ballot that does not 389 include the elector’s signature or contains a signature that 390 does not match the elector’s signature in the registration books 391 or precinct register by: 392 1. Notifying the elector of the signature deficiency by e 393 mail and directing the elector to the cure affidavit and 394 instructions on the supervisor’s website; 395 2. Notifying the elector of the signature deficiency by 396 text message and directing the elector to the cure affidavit and 397 instructions on the supervisor’s website; or 398 3. Notifying the elector of the signature deficiency by 399 telephone and directing the elector to the cure affidavit and 400 instructions on the supervisor’s website. 401 402 In addition to the notification required under subparagraph 1., 403 subparagraph 2., or subparagraph 3., the supervisor must notify 404 the elector of the signature deficiency by first-class mail and 405 direct the elector to the cure affidavit and instructions on the 406 supervisor’s website. Beginning the day before the election, the 407 supervisor is not required to provide notice of the signature 408 deficiency by first-class mail, but shall continue to provide 409 notice as required in subparagraph 1., subparagraph 2., or 410 subparagraph 3. 411 (b) Until 5 p.m. on the 2nd day after an election, the 412 supervisor shall allow an elector who has submitted a 413 provisional ballot with a signature deficiency to complete and 414 submit a cure affidavit. 415 (c) The elector must complete a cure affidavit in 416 substantially the following form: 417 418 PROVISIONAL BALLOT CURE AFFIDAVIT 419 I, ...., am a qualified voter in this election and a 420 registered voter of .... County, Florida. I do solemnly swear or 421 affirm that I voted a provisional ballot and that I have not and 422 will not vote more than one ballot in this election. I 423 understand that if I commit or attempt any fraud in connection 424 with voting, vote a fraudulent ballot, or vote more than once in 425 an election, I may be convicted of a felony of the third degree, 426 fined up to $5,000, and imprisoned for up to 5 years. I 427 understand that my failure to sign this affidavit will 428 invalidate my ballot. 429 430 ...(Voter’s Signature)... 431 432 ...(Address)... 433 434 (d) Instructions must accompany the cure affidavit in 435 substantially the following form: 436 437 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 438 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 439 BALLOT NOT TO COUNT. 440 441 1. In order to cure the missing signature or the signature 442 discrepancy on your Provisional Ballot Voter’s Certificate and 443 Affirmation, your affidavit should be completed and returned as 444 soon as possible so that it can reach the supervisor of 445 elections of the county in which your precinct is located no 446 later than 5 p.m. on the 2nd day after the election. 447 2. You must sign your name on the line above (Voter’s 448 Signature). 449 3. You must make a copy of one of the following forms of 450 identification: 451 a. Tier 1 identification.—Current and valid identification 452 that includes your name and photograph: Florida driver license; 453 Florida identification card issued by the Department of Highway 454 Safety and Motor Vehicles; United States passport; debit or 455 credit card; military identification; student identification; 456 retirement center identification; neighborhood association 457 identification; public assistance identification; veteran health 458 identification card issued by the United States Department of 459 Veterans Affairs; Florida license to carry a concealed weapon or 460 firearm; or employee identification card issued by any branch, 461 department, agency, or entity of the Federal Government, the 462 state, a county, or a municipality; or 463 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1 464 FORM OF IDENTIFICATION, identification that shows your name and 465 current residence address: current utility bill; bank statement; 466 government check; paycheck; or government document (excluding 467 voter information card). 468 4. Place the envelope bearing the affidavit into a mailing 469 envelope addressed to the supervisor. Insert a copy of your 470 identification in the mailing envelope. Mail (if time permits), 471 deliver, or have delivered the completed affidavit along with 472 the copy of your identification to your county supervisor of 473 elections. Be sure there is sufficient postage if mailed and 474 that the supervisor’s address is correct. Remember, your 475 information MUST reach your county supervisor of elections no 476 later than 5 p.m. on the 2nd day following the election or your 477 ballot will not count. 478 5. Alternatively, you may fax or e-mail your completed 479 affidavit and a copy of your identification to the supervisor of 480 elections. If e-mailing, please provide these documents as 481 attachments. 482 6. Submitting a provisional ballot affidavit does not 483 establish your eligibility to vote in this election or guarantee 484 that your ballot will be counted. The county canvassing board 485 determines your eligibility to vote through information provided 486 on the Provisional Ballot Voter’s Certificate and Affirmation, 487 written evidence provided by you, including information in your 488 cure affidavit along with any supporting identification, and any 489 other evidence presented by the supervisor of elections or a 490 challenger. You may still be required to present additional 491 written evidence to support your eligibility to vote. 492 (e) The department and each supervisor shall include the 493 affidavit and instructions on their respective websites. The 494 supervisor shall include his or her office mailing address, e 495 mail address, and fax number on the page containing the 496 affidavit instructions, and the department’s instruction page 497 shall include the office mailing addresses, e-mail addresses, 498 and fax numbers of all supervisors or provide a conspicuous link 499 to such addresses. 500 (f) The supervisor shall attach each affidavit received to 501 the appropriate provisional ballot envelope containing the 502 Provisional Ballot Voter’s Certificate and Affirmation. 503 (7)(a)(6)Each supervisorof electionsshall establish a 504 free access system that allows each person who casts a 505 provisional ballot to determine whether his or her provisional 506 ballot was counted in the final canvass of votes and, if not, 507 the reasons why. Information regarding provisional ballots shall 508 be available no later than 30 days following the election. The 509 system established must restrict information regarding an 510 individual ballot to the person who cast the ballot. 511 (b) Unless processed as a signature update pursuant to 512 subsection (2), the supervisor shall mail a voter registration 513 application to the elector to be completed indicating the 514 elector’s current signature if the signature on the voter’s 515 certificate or cure affidavit did not match the elector’s 516 signature in the registration books or precinct register. 517 Section 9. Paragraph (b) of subsection (1) and subsection 518 (9) of section 101.151, Florida Statutes, are amended to read: 519 101.151 Specifications for ballots.— 520 (1) 521 (b) Polling places and early voting sites may employ a 522 ballot-on-demand production system to print individual marksense 523 ballots, including provisional ballots, for eligible electors 524pursuant to s. 101.657. Ballot-on-demand technology may be used 525 to produce marksense vote-by-mail and election-day ballots. 526 (9)(a) The Department of State shall adopt rules 527 prescribing a uniform primary and general election ballot for 528 each certified voting system. The rules shall incorporate the 529 requirements set forth in this section and shall prescribe 530 additional matters and forms that include, without limitation: 531 1. The ballot title followed by clear and unambiguous 532 ballot instructions and directions limited to a single location 533 on the ballot, either: 534 a. Centered across the top of the ballot; or 535 b. In the leftmost column, with no individual races in that 536 column unless it is the only column on the ballot; 537 2. Individual race layout;and538 3. Overall ballot layout; and 539 4. Oval vote targets as the only permissible type of vote 540 target, except as provided in s. 101.56075. 541 (b) Thedepartmentrules mustshallgraphically depict a 542 sample uniform primary and general election ballot form for each 543 certified voting system. 544 Section 10. Paragraph (a) of subsection (1) of section 545 101.657, Florida Statutes, is amended to read: 546 101.657 Early voting.— 547 (1)(a) As a convenience to the voter, the supervisor of 548 elections shall allow an elector to vote early in the main or 549 branch office of the supervisor. The supervisor shall mark, 550 code, indicate on, or otherwise track the voter’s precinct for 551 each early voted ballot. In order for a branch office to be used 552 for early voting, it shall be a permanent facility of the 553 supervisor and shall have been designated and used as such for 554 at least 1 year prior to the election. The supervisor may also 555 designate any city hall, permanent public library facility, 556 fairground, civic center, courthouse, county commission 557 building, stadium, convention center, government-owned senior 558 center, or government-owned community center as early voting 559 sites; however, if so designated, the sites must be 560 geographically located so as to provide all voters in the county 561 an equal opportunity to cast a ballot, insofar as is 562 practicable, and must provide sufficient nonpermitted parking to 563 accommodate the anticipated amount of voters. In addition, a 564 supervisor may designate one early voting site per election in 565 an area of the county that does not have any of the eligible 566 early voting locations. Such additional early voting site must 567 be geographically located so as to provide all voters in that 568 area with an equal opportunity to cast a ballot, insofar as is 569 practicable, and must provide sufficient nonpermitted parking to 570 accommodate the anticipated amount of voters. Each county shall, 571 at a minimum, operate the same total number of early voting 572 sites for a general election which the county operated for the 573 2012 general election. The results or tabulation of votes cast 574 during early voting may not be made before the close of the 575 polls on election day. Results shall be reported by precinct. 576 Section 11. Paragraph (c) of subsection (4) of section 577 102.031, Florida Statutes, is amended, and paragraph (e) is 578 added to that subsection, to read: 579 102.031 Maintenance of good order at polls; authorities; 580 persons allowed in polling rooms and early voting areas; 581 unlawful solicitation of voters.— 582 (4) 583 (c) Each supervisor of elections shall inform the clerk of 584 the area within which soliciting is unlawful, based on the 585 particular characteristics of that polling place. The supervisor 586 or the clerk may take any reasonable action necessary to ensure 587 order at the polling places, including, but not limited to, 588 having disruptive and unruly persons removed by law enforcement 589 officers from the polling room or place or from the 150-foot 590100-footzone surrounding the polling place. 591 (e) The owner, operator, or lessee of the property on which 592 a polling place or an early voting site is located, or an agent 593 or employee thereof, may not prohibit the solicitation of voters 594 outside of the no-solicitation zone during polling hours. 595 Section 12. Subsection (2) of section 101.20, Florida 596 Statutes, is amended to read: 597 101.20 Publication of ballot form; sample ballots.— 598 (2)(a) Upon completion of the list of qualified candidates, 599 a sample ballot shall be published by the supervisorof600electionsin a newspaper of general circulation in the county, 601 before the day of election. 602 (b) In lieu of the publication required under paragraph 603 (a), a supervisor may send a sample ballot to each registered 604 elector by e-mail at least 7 days before an election if an e 605 mail address has been provided and the elector has opted to 606 receive a sample ballot by electronic delivery. If an e-mail 607 address has not been provided, or if the elector has not opted 608 for electronic delivery, a sample ballot may be mailed to each 609 registered elector or to each household in which there is a 610 registered elector at least 7 days before an election. 611 Section 13. Effective January 1, 2020, section 101.56075, 612 Florida Statutes, is amended to read: 613 101.56075 Voting methods.—For the purpose of designating 614 ballot selections, 615(1) Except as provided in subsection (2),all voting must 616shallbe by marksense ballot, usingutilizinga marking device 617 or a voter interface device that produces a voter-verifiable 618 paper output andfor the purpose of designating ballot619selections.620(2) Persons with disabilities may vote on a voter interface621device that meets the voting system accessibility requirements622for individuals with disabilities pursuant to s. 301 of the623federal Help America Vote Act of 2002 and s. 101.56062.624(3) By 2020, persons with disabilities shall vote on a625voter interface devicethatmeets the voter accessibility 626 requirements for individuals with disabilities under s. 301 of 627 the federal Help America Vote Act of 2002 and s. 101.56062which628are consistent with subsection (1) of this section. 629 Section 14. Paragraph (a) of subsection (4) of section 630 101.5614, Florida Statutes, is amended to read: 631 101.5614 Canvass of returns.— 632 (4)(a) If any vote-by-mail ballot is physically damaged so 633 that it cannot properly be counted by the automatic tabulating 634 equipment, a true duplicate copy shall be made of the damaged 635 ballot in the presence of witnesses and substituted for the 636 damaged ballot. Likewise, a duplicate ballot shall be made of a 637 vote-by-mail ballot containing an overvoted race or a marked 638 vote-by-mail ballot in which every race is undervoted which 639 shall include all valid votes as determined by the canvassing 640 board based on rules adopted by the division pursuant to s. 641 102.166(4). Upon request, a physically present candidate, a 642 political party official, a political committee official, or an 643 authorized designee thereof, must be allowed to observe the 644 duplication of ballots. All duplicate ballots shall be clearly 645 labeled “duplicate,” bear a serial number which shall be 646 recorded on the defective ballot, and be counted in lieu of the 647 defective ballot. After a ballot has been duplicated, the 648 defective ballot shall be placed in an envelope provided for 649 that purpose, and the duplicate ballot shall be tallied with the 650 other ballots for that precinct. 651 Section 15. Subsection (2) and paragraphs (b) and (c) of 652 subsection (4) of section 101.62, Florida Statutes, are amended 653 to read: 654 101.62 Request for vote-by-mail ballots.— 655 (2) A request for a vote-by-mail ballot to be mailed to a 656 voter must be received no later than 5 p.m. on the 10thsixth657 day before the election by the supervisorof elections. The 658 supervisorof electionsshall mail vote-by-mail ballots to 659 voters requesting ballots by such deadline no later than 84660 days before the election. 661 (4) 662 (b) The supervisorof electionsshall mail a vote-by-mail 663 ballot to each absent qualified voter, other than those listed 664 in paragraph (a), who has requested such a ballot, between the 665 40th35thand 33rd28thdays before the presidential preference 666 primary election, primary election, and general election. Except 667 as otherwise provided in subsection (2) and after the period 668 described in this paragraph, the supervisor shall mail vote-by 669 mail ballots within 2 business days after receiving a request 670 for such a ballot. 671 (c) The supervisor shall provide a vote-by-mail ballot to 672 each elector by whom a request for that ballot has been made by 673 one of the following means: 674 1. By nonforwardable, return-if-undeliverable mail to the 675 elector’s current mailing address on file with the supervisor or 676 any other address the elector specifies in the request. 677 2. By forwardable mail, e-mail, or facsimile machine 678 transmission to absent uniformed services voters and overseas 679 voters. The absent uniformed services voter or overseas voter 680 may designate in the vote-by-mail ballot request the preferred 681 method of transmission. If the voter does not designate the 682 method of transmission, the vote-by-mail ballot shall be mailed. 683 3. By personal delivery before 7 p.m. on election day to 684 the elector, upon presentation of the identification required in 685 s. 101.043. 686 4. By delivery to a designee on election day or up to 95687 days prior to the day of an election. Any elector may designate 688 in writing a person to pick up the ballot for the elector; 689 however, the person designated may not pick up more than two 690 vote-by-mail ballots per election, other than the designee’s own 691 ballot, except that additional ballots may be picked up for 692 members of the designee’s immediate family. For purposes of this 693 section, “immediate family” means the designee’s spouse or the 694 parent, child, grandparent, or sibling of the designee or of the 695 designee’s spouse. The designee shall provide to the supervisor 696 the written authorization by the elector and a picture 697 identification of the designee and must complete an affidavit. 698 The designee shall state in the affidavit that the designee is 699 authorized by the elector to pick up that ballot and shall 700 indicate if the elector is a member of the designee’s immediate 701 family and, if so, the relationship. The department shall 702 prescribe the form of the affidavit. If the supervisor is 703 satisfied that the designee is authorized to pick up the ballot 704 and that the signature of the elector on the written 705 authorization matches the signature of the elector on file, the 706 supervisor shall give the ballot to that designee for delivery 707 to the elector. 708 5. Except as provided in s. 101.655, the supervisor may not 709 deliver a vote-by-mail ballot to an elector or an elector’s 710 immediate family member on the day of the election unless there 711 is an emergency, to the extent that the elector will be unable 712 to go to his or her assigned polling place. If a vote-by-mail 713 ballot is delivered, the elector or his or her designee shall 714 execute an affidavit affirming to the facts which allow for 715 delivery of the vote-by-mail ballot. The department shall adopt 716 a rule providing for the form of the affidavit. 717 Section 16. Subsection (1) of section 101.64, Florida 718 Statutes, is amended, and subsection (5) is added to that 719 section, to read: 720 101.64 Delivery of vote-by-mail ballots; envelopes; form.— 721 (1) The supervisor shall enclose with each vote-by-mail 722 ballot two envelopes: a secrecy envelope, into which the absent 723 elector shall enclose his or her marked ballot; and a mailing 724 envelope, into which the absent elector shall then place the 725 secrecy envelope, which shall be addressed to the supervisor and 726 also bear on the back side a certificate in substantially the 727 following form: 728 Note: Please Read Instructions Carefully Before 729 Marking Ballot and Completing Voter’s Certificate. 730 VOTER’S CERTIFICATE 731 I, ...., do solemnly swear or affirm that I am a qualified 732 and registered voter of .... County, Florida, and that I have 733 not and will not vote more than one ballot in this election. I 734 understand that if I commit or attempt to commit any fraud in 735 connection with voting, vote a fraudulent ballot, or vote more 736 than once in an election, I can be convicted of a felony of the 737 third degree and fined up to $5,000 and/or imprisoned for up to 738 5 years. I also understand that failure to sign this certificate 739 will invalidate my ballot. 740 741 ...(Date)... ...(Voter’s Signature)... 742 ...(E-Mail Address)... ...(Home Telephone Number)... 743 ...(Mobile Telephone Number)... 744 (5) The secrecy envelope must include, in bold font, 745 substantially the following message: 746 747 IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR SUPERVISOR 748 OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 P.M. ON ELECTION DAY. 749 IF YOU WAIT TO MAIL YOUR BALLOT, YOUR VOTE MIGHT NOT COUNT. TO 750 PREVENT THIS FROM OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT 751 AS SOON AS POSSIBLE. 752 Section 17. Section 101.65, Florida Statutes, is amended to 753 read: 754 101.65 Instructions to absent electors.—The supervisor 755 shall enclose with each vote-by-mail ballot separate printed 756 instructions in substantially the following form; however, where 757 the instructions appear in capitalized text, the text of the 758 printed instructions must be in bold font: 759 READ THESE INSTRUCTIONS CAREFULLY 760 BEFORE MARKING BALLOT. 761 1. VERY IMPORTANT. In order to ensure that your vote-by 762 mail ballot will be counted, it should be completed and returned 763 as soon as possible so that it can reach the supervisor of 764 elections of the county in which your precinct is located no 765 later than 7 p.m. on the day of the election. However, if you 766 are an overseas voter casting a ballot in a presidential 767 preference primary or general election, your vote-by-mail ballot 768 must be postmarked or dated no later than the date of the 769 election and received by the supervisor of elections of the 770 county in which you are registered to vote no later than 10 days 771 after the date of the election. Note that the later you return 772 your ballot, the less time you will have to cure any signature 773 deficiencies, which is authorized until 5 p.m. on the 2nd day 774 after the election. 775 2. Mark your ballot in secret as instructed on the ballot. 776 You must mark your own ballot unless you are unable to do so 777 because of blindness, disability, or inability to read or write. 778 3. Mark only the number of candidates or issue choices for 779 a race as indicated on the ballot. If you are allowed to “Vote 780 for One” candidate and you vote for more than one candidate, 781 your vote in that race will not be counted. 782 4. Place your marked ballot in the enclosed secrecy 783 envelope. 784 5. Insert the secrecy envelope into the enclosed mailing 785 envelope which is addressed to the supervisor. 786 6. Seal the mailing envelope and completely fill out the 787 Voter’s Certificate on the back of the mailing envelope. 788 7. VERY IMPORTANT. In order for your vote-by-mail ballot to 789 be counted, you must sign your name on the line above (Voter’s 790 Signature). A vote-by-mail ballot will be considered illegal and 791 not be counted if the signature on the voter’s certificate does 792 not match the signature on record. The signature on file at the 793 time the supervisor of elections in the county in which your 794 precinct is located receives your vote-by-mail ballotstart of795the canvass of the vote-by-mail ballotsis the signature that 796 will be used to verify your signature on the voter’s 797 certificate. If you need to update your signature for this 798 election, send your signature update on a voter registration 799 application to your supervisor of elections so that it is 800 received before your vote-by-mail ballot is receivedno later801than the start of the canvassing of vote-by-mail ballots, which802occurs no earlier than the 15th day before election day. 803 8. VERY IMPORTANT. If you are an overseas voter, you must 804 include the date you signed the Voter’s Certificate on the line 805 above (Date) or your ballot may not be counted. 806 9. Mail, deliver, or have delivered the completed mailing 807 envelope. Be sure there is sufficient postage if mailed. THE 808 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE 809 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS 810 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX, 811 AVAILABLE AT EACH EARLY VOTING LOCATION. 812 10. FELONY NOTICE. It is a felony under Florida law to 813 accept any gift, payment, or gratuity in exchange for your vote 814 for a candidate. It is also a felony under Florida law to vote 815 in an election using a false identity or false address, or under 816 any other circumstances making your ballot false or fraudulent. 817 Section 18. Subsection (2) of section 101.657, Florida 818 Statutes, is amended to read: 819 101.657 Early voting.— 820 (2) During any early voting period, each supervisorof821electionsshall make available the total number of voters 822 casting a ballot at each early voting location and the total 823 number of vote-by-mail ballots received under s. 101.69(2) 824 during the previous day. Each supervisor shall prepare an 825 electronic data file listing the individual voters who cast a 826 ballot during the early voting period. This information shall be 827 provided in electronic format as provided by rule adopted by the 828 division. The information shall be updated and made available no 829 later than noon of each day and shall be contemporaneously 830 provided to the division. 831 Section 19. Paragraphs (a) and (c) of subsection (2) and 832 subsection (4) of section 101.68, Florida Statutes, are amended 833 to read: 834 101.68 Canvassing of vote-by-mail ballot.— 835 (2)(a) The county canvassing board may begin the canvassing 836 of vote-by-mail ballots at 7 a.m. on the 22nd15thday before 837 the election, but not later than noon on the day following the 838 election. In addition, for any county using electronic 839 tabulating equipment, the processing of vote-by-mail ballots 840 through such tabulating equipment may begin at 7 a.m. on the 841 22nd15thday before the election. However, notwithstanding any 842 such authorization to begin canvassing or otherwise processing 843 vote-by-mail ballots early, no result shall be released until 844 after the closing of the polls in that county on election day. 845 Any supervisorof elections, deputy supervisorof elections, 846 canvassing board member, election board member, or election 847 employee who releases the results of a canvassing or processing 848 of vote-by-mail ballots prior to the closing of the polls in 849 that county on election day commits a felony of the third 850 degree, punishable as provided in s. 775.082, s. 775.083, or s. 851 775.084. 852 (c)1. The canvassing board must, if the supervisor has not 853 already done so, compare the signature of the elector on the 854 voter’s certificate or on the vote-by-mail ballot cure affidavit 855 as provided in subsection (4) with the signature of the elector 856 in the registration books or the precinct register to see that 857 the elector is duly registered in the county and to determine 858 the legality of that vote-by-mail ballot. A vote-by-mail ballot 859 may only be counted if: 860 a. The signature on the voter’s certificate or the cure 861 affidavit matches the elector’s signature in the registration 862 books or precinct register; however, in the case of a cure 863 affidavit, the supporting identification listed in subsection 864 (4) must also confirm the identity of the elector; or 865 b. The cure affidavit contains a signature that does not 866 match the elector’s signature in the registration books or 867 precinct register, but the elector has submitted a current and 868 valid Tier 1 identification pursuant to subsection (4) which 869 confirms the identity of the elector. 870 871 For purposes of this subparagraph, any canvassing board finding 872 that an elector’s signatures do not match must be by majority 873 vote and beyond a reasonable doubt. 874 2. The ballot of an elector who casts a vote-by-mail ballot 875 shall be counted even if the elector dies on or before election 876 day, as long as, before the death of the voter, the ballot was 877 postmarked by the United States Postal Service, date-stamped 878 with a verifiable tracking number by a common carrier, or 879 already in the possession of the supervisorof elections. 880 3. A vote-by-mail ballot is not considered illegal if the 881 signature of the elector does not cross the seal of the mailing 882 envelope. 883 4. If any elector or candidate present believes that a 884 vote-by-mail ballot is illegal due to a defect apparent on the 885 voter’s certificate or the cure affidavit, he or she may, at any 886 time before the ballot is removed from the envelope, file with 887 the canvassing board a protest against the canvass of that 888 ballot, specifying the precinct, the ballot, and the reason he 889 or she believes the ballot to be illegal. A challenge based upon 890 a defect in the voter’s certificate or cure affidavit may not be 891 accepted after the ballot has been removed from the mailing 892 envelope. 893 5. If the canvassing board determines that a ballot is 894 illegal, a member of the board must, without opening the 895 envelope, mark across the face of the envelope: “rejected as 896 illegal.” The cure affidavit, if applicable, the envelope, and 897 the ballot therein shall be preserved in the manner that 898 official ballots are preserved. 899 (4)(a) As soon as practicable, the supervisor shall, on 900 behalf of the county canvassing board, attempt toimmediately901 notify an elector who has returned a vote-by-mail ballot that 902 does not include the elector’s signature or contains a signature 903 that does not match the elector’s signature in the registration 904 books or precinct register by: 905 1. Notifying the elector of the signature deficiency by e 906 mail and directing the elector to the cure affidavit and 907 instructions on the supervisor’s website; 908 2. Notifying the elector of the signature deficiency by 909 text message and directing the elector to the cure affidavit and 910 instructions on the supervisor’s website; or 911 3. Notifying the elector of the signature deficiency by 912 telephone and directing the elector to the cure affidavit and 913 instructions on the supervisor’s website. 914 915 In addition to the notification required under subparagraph 1., 916 subparagraph 2., or subparagraph 3., the supervisor must notify 917 the elector of the signature deficiency by first-class mail and 918 direct the elector to the cure affidavit and instructions on the 919 supervisor’s website. Beginning the day before the election, the 920 supervisor is not required to provide notice of the signature 921 deficiency by first-class mail, but shall continue to provide 922 notice as required under subparagraph 1., subparagraph 2., or 923 subparagraph 3. 924 (b) The supervisor shall allow such an elector to complete 925 and submit an affidavit in order to cure the vote-by-mail ballot 926 until 5 p.m. on the 2nd day afterbeforethe election. 927 (c)(b)The elector must complete a cure affidavit in 928 substantially the following form: 929 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT 930 I, ...., am a qualified voter in this election and 931 registered voter of .... County, Florida. I do solemnly swear or 932 affirm that I requested and returned the vote-by-mail ballot and 933 that I have not and will not vote more than one ballot in this 934 election. I understand that if I commit or attempt any fraud in 935 connection with voting, vote a fraudulent ballot, or vote more 936 than once in an election, I may be convicted of a felony of the 937 third degree and fined up to $5,000 and imprisoned for up to 5 938 years. I understand that my failure to sign this affidavit means 939 that my vote-by-mail ballot will be invalidated. 940 ...(Voter’s Signature)... 941 ...(Address)... 942 (d)(c)Instructions must accompany the cure affidavit in 943 substantially the following form: 944 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 945 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 946 BALLOT NOT TO COUNT. 947 1. In order to ensure that your vote-by-mail ballot will be 948 counted, your affidavit should be completed and returned as soon 949 as possible so that it can reach the supervisor of elections of 950 the county in which your precinct is located no later than 5 951 p.m. on the 2nd day afterbeforethe election. 952 2. You must sign your name on the line above (Voter’s 953 Signature). 954 3. You must make a copy of one of the following forms of 955 identification: 956 a. Tier 1 identification.—Current and valid identification 957 that includes your name and photograph: Florida driver license; 958 Florida identification card issued by the Department of Highway 959 Safety and Motor Vehicles; United States passport; debit or 960 credit card; military identification; student identification; 961 retirement center identification; neighborhood association 962 identification; public assistance identification; veteran health 963 identification card issued by the United States Department of 964 Veterans Affairs; a Florida license to carry a concealed weapon 965 or firearm; or an employee identification card issued by any 966 branch, department, agency, or entity of the Federal Government, 967 the state, a county, or a municipality; or 968 b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1 969 FORM OF IDENTIFICATION, identification that shows your name and 970 current residence address: current utility bill, bank statement, 971 government check, paycheck, or government document (excluding 972 voter informationidentificationcard). 973 4. Place the envelope bearing the affidavit into a mailing 974 envelope addressed to the supervisor. Insert a copy of your 975 identification in the mailing envelope. Mail (if time permits), 976 deliver, or have delivered the completed affidavit along with 977 the copy of your identification to your county supervisor of 978 elections. Be sure there is sufficient postage if mailed and 979 that the supervisor’s address is correct. Remember, your 980 information MUST reach your county supervisor of elections no 981 later than 5 p.m. on the 2nd day after the election, or your 982 ballot will not count. 983 5. Alternatively, you may fax or e-mail your completed 984 affidavit and a copy of your identification to the supervisor of 985 elections. If e-mailing, please provide these documents as 986 attachments. 987 (e)(d)The department and each supervisor shall include the 988 affidavit and instructions on their respective websites. The 989 supervisor must include his or her office’s mailing address, e 990 mail address, and fax number on the page containing the 991 affidavit instructions, and;the department’s instruction page 992 must include the office mailing addresses, e-mail addresses, and 993 fax numbers of all supervisors of elections or provide a 994 conspicuous link to such addresses. 995 (f)(e)The supervisor shall attach each affidavit received 996 to the appropriate vote-by-mail ballot mailing envelope. 997 (g)(f)If a vote-by-mail ballot is validated following the 998 submission of a cure affidavit, the supervisor shall make a copy 999 of the affidavit, affix it to a voter registration application, 1000 and immediately process it as a valid request for a signature 1001 update pursuant to s. 98.077. 1002 (h) After all election results on the ballot have been 1003 certified, the supervisor shall, on behalf of the county 1004 canvassing board, notify each elector whose ballot has been 1005 rejected as illegal and provide the specific reason the ballot 1006 was rejected. In addition, unless processed as a signature 1007 update pursuant to paragraph (g), the supervisor shall mail a 1008 voter registration application to the elector to be completed 1009 indicating the elector’s current signature if the signature on 1010 the voter’s certificate or cure affidavit did not match the 1011 elector’s signature in the registration books or precinct 1012 register.This section does not prohibit the supervisor from1013providing additional methods for updating an elector’s1014signature.1015 Section 20. Section 101.69, Florida Statutes, is amended to 1016 read: 1017 101.69 Voting in person; return of vote-by-mail ballot.— 1018 (1) The provisions of this code shall not be construed to 1019 prohibit any elector from voting in person at the elector’s 1020 precinct on the day of an election or at an early voting site, 1021 notwithstanding that the elector has requested a vote-by-mail 1022 ballot for that election. An elector who has returned a voted 1023 vote-by-mail ballot to the supervisor, however, is deemed to 1024 have cast his or her ballot and is not entitled to vote another 1025 ballot or to have a provisional ballot counted by the county 1026 canvassing board. An elector who has received a vote-by-mail 1027 ballot and has not returned the voted ballot to the supervisor, 1028 but desires to vote in person, shall return the ballot, whether 1029 voted or not, to the election board in the elector’s precinct or 1030 to an early voting site. The returned ballot shall be marked 1031 “canceled” by the board and placed with other canceled ballots. 1032 However, if the elector does not return the ballot and the 1033 election official: 1034 (a)(1)Confirms that the supervisor has received the 1035 elector’s vote-by-mail ballot, the elector shall not be allowed 1036 to vote in person. If the elector maintains that he or she has 1037 not returned the vote-by-mail ballot or remains eligible to 1038 vote, the elector shall be provided a provisional ballot as 1039 provided in s. 101.048. 1040 (b)(2)Confirms that the supervisor has not received the 1041 elector’s vote-by-mail ballot, the elector shall be allowed to 1042 vote in person as provided in this code. The elector’s vote-by 1043 mail ballot, if subsequently received, shall not be counted and 1044 shall remain in the mailing envelope, and the envelope shall be 1045 marked “Rejected as Illegal.” 1046 (c)(3)Cannot determine whether the supervisor has received 1047 the elector’s vote-by-mail ballot, the elector may vote a 1048 provisional ballot as provided in s. 101.048. 1049 (2) The supervisor shall allow an elector who has received 1050 a vote-by-mail ballot to physically return a voted vote-by-mail 1051 ballot to the supervisor by placing the envelope containing his 1052 or her marked ballot in a secure drop box. Secure drop boxes 1053 shall be placed at the main office of the supervisor, at each 1054 branch office of the supervisor, and at each early voting site. 1055 Secure drop boxes may also be placed at any other site that 1056 would otherwise qualify as an early voting site under s. 1057 101.657(1); provided, however, that any such site must be 1058 staffed during the county's early voting hours of operation by 1059 an employee of the supervisor’s office or a sworn law 1060 enforcement officer. 1061 Section 21. Subsection (2) of section 97.052, Florida 1062 Statutes, is amended to read: 1063 97.052 Uniform statewide voter registration application.— 1064 (2) The uniform statewide voter registration application 1065 must be designed to elicit the following information from the 1066 applicant: 1067 (a) Last, first, and middle name, including any suffix. 1068 (b) Date of birth. 1069 (c) Address of legal residence. 1070 (d) Mailing address, if different. 1071 (e) E-mail address and whether the applicant wishes to 1072 receive sample ballots by e-mail. 1073 (f) County of legal residence. 1074 (g) Race or ethnicity that best describes the applicant: 1075 1. American Indian or Alaskan Native. 1076 2. Asian or Pacific Islander. 1077 3. Black, not Hispanic. 1078 4. White, not Hispanic. 1079 5. Hispanic. 1080 (h) State or country of birth. 1081 (i) Sex. 1082 (j) Party affiliation. 1083 (k) Whether the applicant needs assistance in voting. 1084 (l) Name and address where last registered. 1085 (m) Last four digits of the applicant’s social security 1086 number. 1087 (n) Florida driver license number or the identification 1088 number from a Florida identification card issued under s. 1089 322.051. 1090 (o) An indication, if applicable, that the applicant has 1091 not been issued a Florida driver license, a Florida 1092 identification card, or a social security number. 1093 (p) Telephone number (optional). 1094 (q) Signature of applicant under penalty for false swearing 1095 pursuant to s. 104.011, by which the person subscribes to the 1096 oath required by s. 3, Art. VI of the State Constitution and s. 1097 97.051, and swears or affirms that the information contained in 1098 the registration application is true. 1099 (r) Whether the application is being used for initial 1100 registration, to update a voter registration record, or to 1101 request a replacement voter information card. 1102 (s) Whether the applicant is a citizen of the United States 1103 by asking the question “Are you a citizen of the United States 1104 of America?” and providing boxes for the applicant to check to 1105 indicate whether the applicant is or is not a citizen of the 1106 United States. 1107 (t)1. Whether the applicant has never been convicted of a 1108 felony, and, if convicted, has had his or her civil rights1109restoredby including the statement “I affirm I have never been 1110am not aconvicted of a felonyfelon, or, if I am, my rights1111relating to voting have been restored.” and providing a box for 1112 the applicant to check to affirm the statement. 1113 2. Whether the applicant has been convicted of a felony, 1114 and if convicted, has had his or her civil rights restored 1115 through executive clemency, by including the statement “If I 1116 have been convicted of a felony, I affirm my voting rights have 1117 been restored by the Board of Executive Clemency.” and providing 1118 a box for the applicant to check to affirm the statement. 1119 3. Whether the applicant has been convicted of a felony 1120 and, if convicted, has had his or her voting rights restored 1121 pursuant s. 4, Art. VI of the State Constitution, by including 1122 the statement “If I have been convicted of a felony, I affirm my 1123 voting rights have been restored pursuant to s. 4, Art. VI of 1124 the State Constitution upon the completion of all terms of my 1125 sentence, including parole or probation.” and providing a box 1126 for the applicant to check to affirm the statement. 1127 (u) Whether the applicant has been adjudicated mentally 1128 incapacitated with respect to voting or, if so adjudicated, has 1129 had his or her right to vote restored by including the statement 1130 “I affirm I have not been adjudicated mentally incapacitated 1131 with respect to voting, or, if I have, my competency has been 1132 restored.” and providing a box for the applicant to check to 1133 affirm the statement. The registration application must be in 1134 plain language and designed so that persons who have been 1135 adjudicated mentally incapacitated are not required to reveal 1136 their prior adjudication. 1137 1138The registration application must be in plain language and1139designed so that convicted felons whose civil rights have been1140restored and persons who have been adjudicated mentally1141incapacitated and have had their voting rights restored are not1142required to reveal their prior conviction or adjudication.1143 Section 22. Paragraph (a) of subsection (5) of section 1144 97.053, Florida Statutes, is amended to read: 1145 97.053 Acceptance of voter registration applications.— 1146 (5)(a) A voter registration application is complete if it 1147 contains the following information necessary to establish the 1148 applicant’s eligibility pursuant to s. 97.041, including: 1149 1. The applicant’s name. 1150 2. The applicant’s address of legal residence, including a 1151 distinguishing apartment, suite, lot, room, or dormitory room 1152 number or other identifier, if appropriate. Failure to include a 1153 distinguishing apartment, suite, lot, room, or dormitory room or 1154 other identifier on a voter registration application does not 1155 impact a voter’s eligibility to register to vote or cast a 1156 ballot, and such an omission may not serve as the basis for a 1157 challenge to a voter’s eligibility or reason to not count a 1158 ballot. 1159 3. The applicant’s date of birth. 1160 4. A mark in the checkbox affirming that the applicant is a 1161 citizen of the United States. 1162 5.a. The applicant’s current and valid Florida driver 1163 license number or the identification number from a Florida 1164 identification card issued under s. 322.051, or 1165 b. If the applicant has not been issued a current and valid 1166 Florida driver license or a Florida identification card, the 1167 last four digits of the applicant’s social security number. 1168 1169 In case an applicant has not been issued a current and valid 1170 Florida driver license, Florida identification card, or social 1171 security number, the applicant shall affirm this fact in the 1172 manner prescribed in the uniform statewide voter registration 1173 application. 1174 6. A mark in the applicable checkbox affirming that the 1175 applicant has not been convicted of a felony or that, if 1176 convicted, has had his or her civil rights restored through 1177 executive clemency, or has had his or her votingcivilrights 1178 restored pursuant s. 4, Art. VI of the State Constitution. 1179 7. A mark in the checkbox affirming that the applicant has 1180 not been adjudicated mentally incapacitated with respect to 1181 voting or that, if so adjudicated, has had his or her right to 1182 vote restored. 1183 8. The original signature or a digital signature 1184 transmitted by the Department of Highway Safety and Motor 1185 Vehicles of the applicant swearing or affirming under the 1186 penalty for false swearing pursuant to s. 104.011 that the 1187 information contained in the registration application is true 1188 and subscribing to the oath required by s. 3, Art. VI of the 1189 State Constitution and s. 97.051. 1190 Section 23. Paragraph (c) of subsection (1) of section 1191 98.045, Florida Statutes, is amended to read: 1192 98.045 Administration of voter registration.— 1193 (1) ELIGIBILITY OF APPLICANT.—The supervisor must ensure 1194 that any eligible applicant for voter registration is registered 1195 to vote and that each application for voter registration is 1196 processed in accordance with law. The supervisor shall determine 1197 whether a voter registration applicant is ineligible based on 1198 any of the following: 1199 (c) The applicant has been convicted of a felony for which 1200 his or her votingcivilrights have not been restored. 1201 Section 24. Subsections (5) and (6) and paragraph (a) of 1202 subsection (7) of section 98.075, Florida Statutes, are amended 1203 to read: 1204 98.075 Registration records maintenance activities; 1205 ineligibility determinations.— 1206 (5) FELONY CONVICTION.—The department shall identify those 1207 registered voters who have been convicted of a felony and whose 1208 voting rights have not been restored by comparing information 1209 received from, but not limited to, a clerk of the circuit court, 1210 the Board of Executive Clemency, the Department of Corrections, 1211 the Department of Law Enforcement, or a United States Attorney’s 1212 Office, as provided in s. 98.093. The department shall review 1213 such information and make an initial determination as to whether 1214 the information is credible and reliable. If the department 1215 determines that the information is credible and reliable, the 1216 department shall notify the supervisor and provide a copy of the 1217 supporting documentation indicating the potential ineligibility 1218 of the voter to be registered. Upon receipt of the notice that 1219 the department has made a determination of initial credibility 1220 and reliability, the supervisor shall adhere to the procedures 1221 set forth in subsection (7) prior to the removal of a registered 1222 voter’s name from the statewide voter registration system. 1223 (6) OTHER BASES FOR INELIGIBILITY.—If the department or 1224 supervisor receives information from sources other than those 1225 identified in subsections (2)-(5) that a registered voter is 1226 ineligible because he or she is deceased, adjudicated a 1227 convicted felon without having had his or her votingcivil1228 rights restored, adjudicated mentally incapacitated without 1229 having had his or her voting rights restored, does not meet the 1230 age requirement pursuant to s. 97.041, is not a United States 1231 citizen, is a fictitious person, or has listed a residence that 1232 is not his or her legal residence, the supervisor must adhere to 1233 the procedures set forth in subsection (7) prior to the removal 1234 of a registered voter’s name from the statewide voter 1235 registration system. 1236 (7) PROCEDURES FOR REMOVAL.— 1237 (a) If the supervisor receives notice or information 1238 pursuant to subsections (4)-(6), the supervisor of the county in 1239 which the voter is registered shall: 1240 1. Notify the registered voter of his or her potential 1241 ineligibility by mail within 7 days after receipt of notice or 1242 information. The notice shall include: 1243 a. A statement of the basis for the registered voter’s 1244 potential ineligibility and a copy of any documentation upon 1245 which the potential ineligibility is based. Such documentation 1246 must include any conviction from another jurisdiction determined 1247 to be a similar offense to murder or a felony sexual offense, as 1248 those terms are defined in s. 98.0751. 1249 b. A statement that failure to respond within 30 days after 1250 receipt of the notice may result in a determination of 1251 ineligibility and in removal of the registered voter’s name from 1252 the statewide voter registration system. 1253 c. A return form that requires the registered voter to 1254 admit or deny the accuracy of the information underlying the 1255 potential ineligibility for purposes of a final determination by 1256 the supervisor. 1257 d. A statement that, if the voter is denying the accuracy 1258 of the information underlying the potential ineligibility, the 1259 voter has a right to request a hearing for the purpose of 1260 determining eligibility. 1261 e. Instructions for the registered voter to contact the 1262 supervisor of elections of the county in which the voter is 1263 registered if assistance is needed in resolving the matter. 1264 f. Instructions for seeking restoration of civil rights 1265 pursuant to s. 8, Art. IV of the State Constitution and 1266 information explaining voting rights restoration pursuant to s. 1267 4., Art. VI of the State Constitution following a felony 1268 conviction, if applicable. 1269 2. If the mailed notice is returned as undeliverable, the 1270 supervisor shall publish notice once in a newspaper of general 1271 circulation in the county in which the voter was last 1272 registered. The notice shall contain the following: 1273 a. The voter’s name and address. 1274 b. A statement that the voter is potentially ineligible to 1275 be registered to vote. 1276 c. A statement that failure to respond within 30 days after 1277 the notice is published may result in a determination of 1278 ineligibility by the supervisor and removal of the registered 1279 voter’s name from the statewide voter registration system. 1280 d. An instruction for the voter to contact the supervisor 1281 no later than 30 days after the date of the published notice to 1282 receive information regarding the basis for the potential 1283 ineligibility and the procedure to resolve the matter. 1284 e. An instruction to the voter that, if further assistance 1285 is needed, the voter should contact the supervisor of elections 1286 of the county in which the voter is registered. 1287 3. If a registered voter fails to respond to a notice 1288 pursuant to subparagraph 1. or subparagraph 2., the supervisor 1289 shall make a final determination of the voter’s eligibility. If 1290 the supervisor determines that the voter is ineligible, the 1291 supervisor shall remove the name of the registered voter from 1292 the statewide voter registration system. The supervisor shall 1293 notify the registered voter of the supervisor’s determination 1294 and action. 1295 4. If a registered voter responds to the notice pursuant to 1296 subparagraph 1. or subparagraph 2. and admits the accuracy of 1297 the information underlying the potential ineligibility, the 1298 supervisor shall make a final determination of ineligibility and 1299 shall remove the voter’s name from the statewide voter 1300 registration system. The supervisor shall notify the registered 1301 voter of the supervisor’s determination and action. 1302 5. If a registered voter responds to the notice issued 1303 pursuant to subparagraph 1. or subparagraph 2. and denies the 1304 accuracy of the information underlying the potential 1305 ineligibility but does not request a hearing, the supervisor 1306 shall review the evidence and make a final determination of 1307 eligibility. If such registered voter requests a hearing, the 1308 supervisor shall send notice to the registered voter to attend a 1309 hearing at a time and place specified in the notice. Upon 1310 hearing all evidence presented at the hearing, the supervisor 1311 shall make a determination of eligibility. If the supervisor 1312 determines that the registered voter is ineligible, the 1313 supervisor shall remove the voter’s name from the statewide 1314 voter registration system and notify the registered voter of the 1315 supervisor’s determination and action. 1316 Section 25. Section 98.0751, Florida Statutes, is created 1317 to read: 1318 98.0751 Restoration of voting rights; termination of 1319 ineligibility subsequent to a felony conviction.— 1320 (1) A person who has been disqualified from voting based on 1321 a felony conviction for an offense other than murder or a felony 1322 sexual offense must have such disqualification terminated and 1323 his or her voting rights restored pursuant to s. 4, Art. VI of 1324 the State Constitution upon the completion of all terms of his 1325 or her sentence, including parole or probation. The voting 1326 disqualification does not terminate unless a person’s civil 1327 rights are restored pursuant to s. 8, Art. IV of the State 1328 Constitution if the disqualification arises from a felony 1329 conviction of murder or a felony sexual offense, or if the 1330 person has not completed all terms of sentence, as specified in 1331 subsection (2). 1332 (2) For purposes of this section, the term: 1333 (a) “Completion of all terms of sentence” means any portion 1334 of a sentence that is contained in the four corners of the 1335 sentencing document, including, but not limited to: 1336 1. Release from any term of imprisonment ordered by the 1337 court as a part of the sentence; 1338 2. Termination from any term of probation or community 1339 control ordered by the court as a part of the sentence; 1340 3. Fulfillment of any term ordered by the court as a part 1341 of the sentence; 1342 4. Termination from any term of any supervision, which is 1343 monitored by the Florida Commission on Offender Review, 1344 including, but not limited to, parole; and 1345 5.a. Full payment of restitution ordered to a victim by the 1346 court as a part of the sentence. A victim includes, but is not 1347 limited to, a person or persons, the estate or estates thereof, 1348 an entity, the state, or the Federal Government. 1349 b. Full payment of fines or fees ordered by the court as a 1350 part of the sentence or that are ordered by the court as a 1351 condition of any form of supervision, including, but not limited 1352 to, probation, community control, or parole. 1353 c. The financial obligations required under sub 1354 subparagraph a. or sub-subparagraph b. include only the amount 1355 specifically ordered by the court as part of the sentence and do 1356 not include any fines, fees, or costs that accrue after the date 1357 the obligation is ordered as a part of the sentence. 1358 d. For the limited purpose of addressing a plea for relief 1359 pursuant to sub-subparagraph e. and notwithstanding any other 1360 statute, rule, or provision of law, a court may not be 1361 prohibited from modifying the financial obligations of an 1362 original sentence required under sub-subparagraph a. or sub 1363 subparagraph b. Such modification shall not infringe on a 1364 defendant's or a victim's rights provided in United States 1365 Constitution or the State Constitution. 1366 e. Financial obligations required under sub-subparagraph a. 1367 or sub-subparagraph b. are considered completed in the following 1368 manner or in any combination thereof: 1369 (I) Actual payment of the obligation in full. 1370 (II) Upon the payee’s approval, either through appearance 1371 in open court or through the production of a notarized consent 1372 by the payee, the termination by the court of any financial 1373 obligation to a payee, including, but not limited to, a victim, 1374 or the court. 1375 (III) Completion of all community service hours, if the 1376 court, unless otherwise prohibited by law or the State 1377 Constitution, converts the financial obligation to community 1378 service. 1379 1380 A term required to be completed in accordance with this 1381 paragraph shall be deemed completed if the court modifies the 1382 original sentencing order to no longer require completion of 1383 such term. The requirement to pay any financial obligation 1384 specified in this paragraph is not deemed completed upon 1385 conversion to a civil lien. 1386 (b) “Felony sexual offense” means any of the following: 1387 1. Any felony offense that serves as a predicate to 1388 registration as a sexual offender in accordance with s. 1389 943.0435; 1390 2. Section 491.0112; 1391 3. Section 784.049(3)(b); 1392 4. Section 794.08; 1393 5. Section 796.08; 1394 6. Section 800.101; 1395 7. Section 826.04; 1396 8. Section 847.012; 1397 9. Section 872.06(2); 1398 10. Section 944.35(3)(b)2.; 1399 11. Section 951.221(1); or 1400 12. Any similar offense committed in another jurisdiction 1401 which would be an offense listed in this paragraph if it had 1402 been committed in violation of the laws of this state. 1403 (c) “Murder” means either of the following: 1404 1. A violation of any of the following sections which 1405 results in the actual killing of a human being: 1406 a. Section 775.33(4). 1407 b. Section 782.04(1), (2), or (3). 1408 c. Section 782.09. 1409 2. Any similar offense committed in another jurisdiction 1410 which would be an offense listed in this paragraph if it had 1411 been committed in violation of the laws of this state. 1412 (3)(a) The department shall obtain and review information 1413 pursuant to s. 98.075(5) related to a person who registers to 1414 vote and make an initial determination on whether such 1415 information is credible and reliable regarding whether the 1416 person is eligible pursuant to s. 4., Art. VI of the State 1417 Constitution and this section. Upon making an initial 1418 determination of the credibility and reliability of such 1419 information, the department shall forward such information to 1420 the supervisor of elections pursuant to s. 98.075. 1421 (b) A local supervisor of elections shall verify and make a 1422 final determination pursuant to s. 98.075 regarding whether the 1423 person who registers to vote is eligible pursuant to s. 4., Art. 1424 VI of the State Constitution and this section. 1425 (c) The supervisor of elections may request additional 1426 assistance from the department in making the final 1427 determination, if necessary. 1428 (4) For the purpose of determining a voter registrant’s 1429 eligibility, the provisions of this section shall be strictly 1430 construed. If a provision is susceptible to differing 1431 interpretations, it shall be construed in favor of the 1432 registrant. 1433 Section 26. Section 104.011, Florida Statutes, is amended 1434 to read: 1435 104.011 False swearing; submission of false voter 1436 registration information; prosecution prohibited.— 1437 (1) A person who willfully swears or affirms falsely to any 1438 oath or affirmation, or willfully procures another person to 1439 swear or affirm falsely to an oath or affirmation, in connection 1440 with or arising out of voting or elections commits a felony of 1441 the third degree, punishable as provided in s. 775.082, s. 1442 775.083, or s. 775.084. 1443 (2) A person who willfully submits any false voter 1444 registration information commits a felony of the third degree, 1445 punishable as provided in s. 775.082 or s. 775.083. 1446 (3) A person may not be charged or convicted for a 1447 violation of this section for affirming that he or she has not 1448 been convicted of a felony or that, if convicted, he or she has 1449 had voting rights restored, if such violation is alleged to have 1450 occurred on or after January 8, 2019, but before July 1, 2019. 1451 Section 27. Section 940.061, Florida Statutes, is amended 1452 to read: 1453 940.061 Informing persons about executive clemency,and1454 restoration of civil rights, and restoration of voting rights. 1455 The Department of Corrections shall inform and educate inmates 1456 and offenders on community supervision about the restoration of 1457 civil rights and the restoration of voting rights resulting from 1458 the removal of the disqualification to vote pursuant to s. 4, 1459 Art. VI of the State Constitution. Each month, the Department of 1460 Corrections shall send to the Florida Commission on Offender 1461 Review by electronic means a list of the names of inmates who 1462 have been released from incarceration and offenders who have 1463 been terminated from supervision who may be eligible for 1464 restoration of civil rights. 1465 Section 28. Subsection (1) of section 944.292, Florida 1466 Statutes, is amended to read: 1467 944.292 Suspension of civil rights.— 1468 (1) Upon conviction of a felony as defined in s. 10, Art. X 1469 of the State Constitution, the civil rights of the person 1470 convicted shall be suspended in Florida until such rights are 1471 restored by a full pardon, conditional pardon, or restoration of 1472 civil rights granted pursuant to s. 8, Art. IV of the State 1473 Constitution. Notwithstanding the suspension of civil rights, 1474 such a convicted person may obtain restoration of his or her 1475 voting rights pursuant to s. 4, Art. VI of the State 1476 Constitution and s. 98.0751. 1477 Section 29. Subsection (6) of section 944.705, Florida 1478 Statutes, is amended to read: 1479 944.705 Release orientation program.— 1480 (6)(a) The department shall notify every inmate, in no less1481than 18-point typein the inmate’s release documents:,1482 1. Of all outstanding terms of the inmate’s sentence at the 1483 time of release to assist the inmate in determining his or her 1484 status with regard to the completion of all terms of sentence, 1485 as that term is defined in s. 98.0751. This subparagraph does 1486 not apply to inmates who are being released from the custody of 1487 the department to any type of supervision monitored by the 1488 department; and 1489 2. In not less than 18-point type, that the inmate may be 1490 sentenced pursuant to s. 775.082(9) if the inmate commits any 1491 felony offense described in s. 775.082(9) within 3 years after 1492 the inmate’s release. This notice must be prefaced by the word 1493 “WARNING” in boldfaced type. 1494 (b)Nothing inThis section does not precludeprecludesthe 1495 sentencing of a person pursuant to s. 775.082(9), andnor shall1496 evidence that the department failed to provide this notice does 1497 not prohibit a person from being sentenced pursuant to s. 1498 775.082(9). The state isshallnotberequired to demonstrate 1499 that a person received any notice from the department in order 1500 for the court to impose a sentence pursuant to s. 775.082(9). 1501 Section 30. Present subsection (3) of section 947.24, 1502 Florida Statutes, is renumbered as subsection (4), and a new 1503 subsection (3) is added to that section, to read: 1504 947.24 Discharge from parole supervision or release 1505 supervision.— 1506 (3) Upon the termination of an offender’s term of 1507 supervision, which is monitored by the commission, including, 1508 but not limited to, parole, the commission must notify the 1509 offender in writing of all outstanding terms at the time of 1510 termination to assist the offender in determining his or her 1511 status with regard to the completion of all terms of sentence, 1512 as that term is defined in s. 98.0751. 1513 Section 31. Section 948.041, Florida Statutes, is created 1514 to read: 1515 948.041 Notification of outstanding terms of sentence upon 1516 termination of probation or community control.—Upon the 1517 termination of an offender’s term of probation or community 1518 control, the department must notify the offender in writing of 1519 all outstanding terms at the time of termination to assist the 1520 offender in determining his or her status with regard to the 1521 completion of all terms of sentence, as that term is defined in 1522 s. 98.0751. 1523 Section 32. Subsection (1) of section 951.29, Florida 1524 Statutes, is amended to read: 1525 951.29 Procedure for requesting restoration of civil rights 1526 or restoration of voting rights of county prisoners convicted of 1527 felonies.— 1528 (1) With respect to a person who has been convicted of a 1529 felony and is serving a sentence in a county detention facility, 1530 the administrator of the county detention facility shall provide 1531 the following to the prisoner, at least 2 weeks before 1532 discharge, if possible:,1533 (a) An application form obtained from the Florida 1534 Commission on Offender Review which the prisoner must complete 1535 in order to begin the process of having his or her civil rights 1536 restored;.1537 (b) Information explaining voting rights restoration 1538 pursuant to s. 4, Art. VI of the State Constitution; and 1539 (c) Written notification of all outstanding terms of the 1540 prisoner’s sentence at the time of release to assist the 1541 prisoner in determining his or her status with regard to the 1542 completion of all terms of sentence, as that term is defined in 1543 s. 98.0751. 1544 Section 33. Restoration of Voting Rights Work Group.—The 1545 Restoration of Voting Rights Work Group is created within the 1546 Department of State for the purpose of conducting a 1547 comprehensive review of the department’s process of verifying 1548 registered voters who have been convicted of a felony, but who 1549 may be eligible for restoration of voting rights under s. 4, 1550 Art. VI of the State Constitution. 1551 (1) MEMBERSHIP.—The work group is comprised of the 1552 following members: 1553 (a) The Secretary of State or his or her designee, who 1554 shall serve as chair for the work group. 1555 (b) The Secretary of Corrections or his or her designee. 1556 (c) The executive director of the Department of Law 1557 Enforcement or his or her designee. 1558 (d) The Chairman of the Florida Commission on Offender 1559 Review or his or her designee. 1560 (e) Two clerks of the circuit court appointed by the 1561 Governor. 1562 (f) Two supervisors of elections appointed by the Governor. 1563 (2) TERMS OF MEMBERSHIP.—Appointments to the work group 1564 shall be made by August 1, 2019. All members shall serve for the 1565 duration of the work group. Any vacancy shall be filled by the 1566 original appointing authority for the remainder of the work 1567 group’s existence. 1568 (3) DUTIES.—The work group is authorized and directed to 1569 study, evaluate, analyze, and undertake a comprehensive review 1570 of the Department of State’s process of verifying registered 1571 voters who have been convicted of a felony, but who may be 1572 eligible for restoration of voting rights under s. 4, Art. VI of 1573 the State Constitution, to develop recommendations for the 1574 Legislature, related to: 1575 (a) The consolidation of all relevant data necessary to 1576 verify the eligibility of a registered voter for restoration of 1577 voting rights under s. 4, Art. VI of the State Constitution. If 1578 any entity is recommended to manage the consolidated relevant 1579 data, the recommendations must provide the feasibility of such 1580 entity to manage the consolidated relevant data and a timeline 1581 for implementation of such consolidation. 1582 (b) The process of informing a registered voter of the 1583 entity or entities that are custodians of the relevant data 1584 necessary for verifying his or her eligibility for restoration 1585 of voting rights under s. 4, Art. VI of the State Constitution. 1586 (c) Any other relevant policies or procedures for verifying 1587 the eligibility of a registered voter for restoration of voting 1588 rights under s. 4, Art. VI of the State Constitution. 1589 (4) REPORT.—The work group shall submit a report of its 1590 findings, conclusions, and recommendations for the Legislature 1591 to the President of the Senate and the Speaker of the House of 1592 Representatives by November 1, 2019. Upon submission of the 1593 report, the work group is dissolved and discharged of further 1594 duties. 1595 (5) STAFFING.—The Department of State shall provide support 1596 for the work group in performing its duties. 1597 (6) PER DIEM AND TRAVEL EXPENSES.—Work group members shall 1598 serve without compensation but are entitled to receive 1599 reimbursement for per diem and travel expenses as provided in s. 1600 112.061, Florida Statutes. 1601 (7) EXPIRATION.—This section expires January 31, 2020. 1602 Section 34. Subsection (2) of section 101.6923, Florida 1603 Statutes, is amended to read: 1604 101.6923 Special vote-by-mail ballot instructions for 1605 certain first-time voters.— 1606 (2) A voter covered by this section shall be provided with 1607 printed instructions with his or her vote-by-mail ballot in 1608 substantially the following form: 1609 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT. 1610 FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT 1611 TO COUNT. 1612 1. In order to ensure that your vote-by-mail ballot will be 1613 counted, it should be completed and returned as soon as possible 1614 so that it can reach the supervisor of elections of the county 1615 in which your precinct is located no later than 7 p.m. on the 1616 date of the election. However, if you are an overseas voter 1617 casting a ballot in a presidential preference primary or general 1618 election, your vote-by-mail ballot must be postmarked or dated 1619 no later than the date of the election and received by the 1620 supervisor of elections of the county in which you are 1621 registered to vote no later than 10 days after the date of the 1622 election. 1623 2. Mark your ballot in secret as instructed on the ballot. 1624 You must mark your own ballot unless you are unable to do so 1625 because of blindness, disability, or inability to read or write. 1626 3. Mark only the number of candidates or issue choices for 1627 a race as indicated on the ballot. If you are allowed to “Vote 1628 for One” candidate and you vote for more than one, your vote in 1629 that race will not be counted. 1630 4. Place your marked ballot in the enclosed secrecy 1631 envelope and seal the envelope. 1632 5. Insert the secrecy envelope into the enclosed envelope 1633 bearing the Voter’s Certificate. Seal the envelope and 1634 completely fill out the Voter’s Certificate on the back of the 1635 envelope. 1636 a. You must sign your name on the line above (Voter’s 1637 Signature). 1638 b. If you are an overseas voter, you must include the date 1639 you signed the Voter’s Certificate on the line above (Date) or 1640 your ballot may not be counted. 1641 c. A vote-by-mail ballot will be considered illegal and 1642 will not be counted if the signature on the Voter’s Certificate 1643 does not match the signature on record. The signature on file at 1644 the start of the canvass of the vote-by-mail ballots is the 1645 signature that will be used to verify your signature on the 1646 Voter’s Certificate. If you need to update your signature for 1647 this election, send your signature update on a voter 1648 registration application to your supervisor of elections so that 1649 it is received before your vote-by-mail ballot is receivedno1650later than the start of canvassing of vote-by-mail ballots,1651which occurs no earlier than the 15th day before election day. 1652 6. Unless you meet one of the exemptions in Item 7., you 1653 must make a copy of one of the following forms of 1654 identification: 1655 a. Identification which must include your name and 1656 photograph: United States passport; debit or credit card; 1657 military identification; student identification; retirement 1658 center identification; neighborhood association identification; 1659 public assistance identification; veteran health identification 1660 card issued by the United States Department of Veterans Affairs; 1661 a Florida license to carry a concealed weapon or firearm; or an 1662 employee identification card issued by any branch, department, 1663 agency, or entity of the Federal Government, the state, a 1664 county, or a municipality; or 1665 b. Identification which shows your name and current 1666 residence address: current utility bill, bank statement, 1667 government check, paycheck, or government document (excluding 1668 voter informationidentificationcard). 1669 7. The identification requirements of Item 6. do not apply 1670 if you meet one of the following requirements: 1671 a. You are 65 years of age or older. 1672 b. You have a temporary or permanent physical disability. 1673 c. You are a member of a uniformed service on active duty 1674 who, by reason of such active duty, will be absent from the 1675 county on election day. 1676 d. You are a member of the Merchant Marine who, by reason 1677 of service in the Merchant Marine, will be absent from the 1678 county on election day. 1679 e. You are the spouse or dependent of a member referred to 1680 in paragraph c. or paragraph d. who, by reason of the active 1681 duty or service of the member, will be absent from the county on 1682 election day. 1683 f. You are currently residing outside the United States. 1684 8. Place the envelope bearing the Voter’s Certificate into 1685 the mailing envelope addressed to the supervisor. Insert a copy 1686 of your identification in the mailing envelope. DO NOT PUT YOUR 1687 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR 1688 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR 1689 BALLOT WILL NOT COUNT. 1690 9. Mail, deliver, or have delivered the completed mailing 1691 envelope. Be sure there is sufficient postage if mailed. 1692 10. FELONY NOTICE. It is a felony under Florida law to 1693 accept any gift, payment, or gratuity in exchange for your vote 1694 for a candidate. It is also a felony under Florida law to vote 1695 in an election using a false identity or false address, or under 1696 any other circumstances making your ballot false or fraudulent. 1697 Section 35. Paragraph (a) of subsection (4) and subsection 1698 (5) of section 102.031, Florida Statutes, are amended to read: 1699 102.031 Maintenance of good order at polls; authorities; 1700 persons allowed in polling rooms and early voting areas; 1701 unlawful solicitation of voters.— 1702 (4)(a) No person, political committee, or other group or 1703 organization may solicit voters inside the polling place or 1704 within 150100feet of the entrance to any polling place, a 1705 polling room where the polling place is also a polling room, an 1706 early voting site, or an office of the supervisorof elections1707 where vote-by-mail ballots are requested and printed on demand 1708 for the convenience of electors who appear in person to request 1709 them. Before the opening of the polling place or early voting 1710 site, the clerk or supervisor shall designate the no 1711 solicitation zone and mark the boundaries. 1712 (5) No photography is permitted in the polling room or 1713 early voting area, except an elector may photograph his or her 1714 own ballot. 1715 Section 36. Present subsections (9) and (10) of section 1716 102.141, Florida Statutes, are renumbered as subsections (10) 1717 and (11), respectively, subsection (2) of that section is 1718 amended, and a new subsection (9) is added to that section, to 1719 read: 1720 102.141 County canvassing board; duties.— 1721 (2)(a) The county canvassing board shall meet in a building 1722 accessible to the public in the county where the election 1723 occurred at a time and place to be designated by the supervisor 1724of electionsto publicly canvass the absent electors’ ballots as 1725 provided for in s. 101.68 and provisional ballots as provided by 1726 ss. 101.048, 101.049, and 101.6925. Provisional ballots cast 1727 pursuant to s. 101.049 shall be canvassed in a manner that votes 1728 for candidates and issues on those ballots can be segregated 1729 from other votes.Public notice of the time and place at which1730the county canvassing board shall meet to canvass the absent1731electors’ ballots and provisional ballots shall be given at1732least 48 hours prior thereto by publication on the supervisor of1733elections’ website and once in one or more newspapers of general1734circulation in the county or, if there is no newspaper of1735general circulation in the county, by posting such notice in at1736least four conspicuous places in the county.As soon as the 1737 absent electors’ ballots and the provisional ballots are 1738 canvassed, the board shall proceed to publicly canvass the vote 1739 given each candidate, nominee, constitutional amendment, or 1740 other measure submitted to the electorate of the county, as 1741 shown by the returns then on file in the office of the 1742 supervisorof elections. 1743 (b) Public notice of the time and place at which the county 1744 canvassing board shall meet to canvass the absent electors’ 1745 ballots and provisional ballots must be given at least 48 hours 1746 prior thereto by publication on the supervisor’s website and 1747 published in one or more newspapers of general circulation in 1748 the county or, if there is no newspaper of general circulation 1749 in the county, by posting such notice in at least four 1750 conspicuous places in the county. The time given in the notice 1751 as to the convening of the meeting of the county canvassing 1752 board must be specific and may not be a time period during which 1753 the board may meet. 1754 (c) If the county canvassing board suspends or recesses a 1755 meeting publicly noticed pursuant to paragraph (b) for a period 1756 lasting more than 60 minutes, the board must post on the 1757 supervisor’s website the anticipated time at which the board 1758 expects to reconvene. If the county canvassing board does not 1759 reconvene at the specified time, the board must provide at least 1760 2 hours’ notice, which must be posted on the supervisor’s 1761 website, before reconvening. 1762 (d) During any meeting of the county canvassing board, a 1763 physical notice must be placed in a conspicuous area near the 1764 public entrance to the building in which the meeting is taking 1765 place. The physical notice must include the names of the 1766 individuals officially serving as the county canvassing board, 1767 the names of any alternate members, the time of the meeting, and 1768 a brief statement as to the anticipated activities of the county 1769 canvassing board. 1770 (9) Each member, substitute member, and alternate member of 1771 the county canvassing board and all clerical help must wear 1772 identification badges during any period in which the county 1773 canvassing board is canvassing votes or engaging in other 1774 official duties. The identification badges should be worn in a 1775 conspicuous and unobstructed area, and include the name of the 1776 individual and his or her official position. 1777 Section 37. Subsection (2) and paragraph (b) of subsection 1778 (4) of section 102.166, Florida Statutes, are amended to read: 1779 102.166 Manual recounts of overvotes and undervotes.— 1780 (2)(a)Any hardware or software used to identify and sort 1781 overvotes and undervotes for a given race or ballot measure must 1782 be certified by the Department of State as part of the voting 1783 system pursuant to s. 101.015. Any such hardware or software 1784 must be capable of simultaneously identifying and sorting 1785 overvotes and undervotes in multiple races while simultaneously 1786 counting votes. 1787(b)Overvotes and undervotes mustshallbe identified and 1788 sorted while recounting ballots pursuant to s. 102.141, if the1789hardware or software for this purpose has been certified or the1790department’s rules so provide. 1791 (4) 1792 (b) The Department of State shall adopt specific rules for 1793 the federal write-in absentee ballot and for each certified 1794 voting system prescribing what constitutes a “clear indication 1795 on the ballot that the voter has made a definite choice.” The 1796 rules shall be consistent, to the extent practicable, and may 1797 not: 1798 1. Authorize the use of any electronic or electromechanical 1799 reading device to review a hybrid voting system ballot that is 1800 produced using a voter interface device and that contains both 1801 machine-readable fields and machine-printed text of the contest 1802 titles and voter selections, unless the printed text is 1803 illegible; 1804 2. Exclusively provide that the voter must properly mark or 1805 designate his or her choice on the ballot; or 1806 3.2.Contain a catch-all provision that fails to identify 1807 specific standards, such as “any other mark or indication 1808 clearly indicating that the voter has made a definite choice.” 1809 Section 38. Subsection (8) of section 102.168, Florida 1810 Statutes, is amended to read: 1811 102.168 Contest of election.— 1812 (8) In any contest that requires a review of the canvassing 1813 board’s decision on the legality of a provisional or vote-by 1814 mail ballot pursuant to s. 101.048 or s. 101.68 based upon a 1815 comparison of the signature of the elector in the registration 1816 records with the signature on the provisional or vote-by-mail 1817 voter’s certificate or the provisional or vote-by-mail cure 1818 affidavitand the signature of the elector in the registration1819records, the circuit court may not review or consider any 1820 evidence other than the signature of the elector in the 1821 registration records, the signature on the respective voter’s 1822 certificate or cure affidavit, and any supporting identification 1823 that the elector submitted with the cure affidavitand the1824signature of the elector in the registration records. The 1825 court’s review of such issue shall be to determine only if the 1826 canvassing board abused its discretion in making its decision. 1827 Section 39. Subsection (5) is added to section 104.051, 1828 Florida Statutes, to read: 1829 104.051 Violations; neglect of duty; corrupt practices.— 1830 (5) Any supervisor who willfully violates any provision of 1831 the Florida Election Code is, upon a finding of such violation 1832 by a court of competent jurisdiction, prohibited from receiving 1833 the special qualification salary pursuant to s. 145.09(3) for a 1834 period of 24 months, dating from the time of the violation. 1835 Section 40. Except as otherwise expressly provided in this 1836 act, this act shall take effect July 1, 2019.