Bill Text: FL H0227 | 2011 | Regular Session | Comm Sub

---

Bill Title: Federal Write-in Absentee Ballot

Spectrum: Strong Partisan Bill (Republican 14-1)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1162 [H0227 Detail]

Download: Florida-2011-H0227-Comm_Sub.html

---

CS/HB 227

1	A bill to be entitled
2	An act relating to the federal write-in absentee ballot;
3	amending s. 101.6952, F.S.; authorizing absent uniformed
4	services voters and overseas voters to use the federal
5	write-in absentee ballot to vote in any federal and
6	certain state or local elections, under certain
7	circumstances; prescribing requirements for designating
8	candidate choices; providing for the disposition of valid
9	votes involving joint candidacies; allowing for
10	abbreviations, misspellings, and other minor variations in
11	the name of an office, candidate, or political party;
12	authorizing the submission of multiple ballots under
13	certain circumstances; detailing circumstances under which
14	votes in federal, state, and local races on the federal
15	write-in absentee ballot will be canvassed; amending s.
16	101.5614, F.S.; establishing certain canvassing procedures
17	for federal write-in absentee ballots; amending s.
18	102.166, F.S.; directing the Department of State to adopt
19	rules to determine what constitutes a valid vote on a
20	federal write-in absentee ballot; providing restrictions;
21	providing minimum requirements; reenacting s. 102.166(5),
22	F.S., to incorporate the amendment to s. 101.5614, F.S.,
23	in a reference thereto; amending s. 104.18, F.S.;
24	conforming provisions to changes made by the act;
25	providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Section 101.6952, Florida Statutes, is amended
30	to read:
31	101.6952  Absentee ballots for absent uniformed services
32	and overseas voters.-
33	(1)  If an absent uniformed services voter's or an overseas
34	voter's request for an official absentee ballot pursuant to s.
35	101.62 includes an e-mail address, the supervisor of elections
36	shall:
37	(a)  Record the voter's e-mail address in the absentee
38	ballot record;
39	(b)  Confirm by e-mail that the absentee ballot request was
40	received and include in that e-mail the estimated date the
41	absentee ballot will be sent to the voter; and
42	(c)  Notify the voter by e-mail when the voted absentee
43	ballot is received by the supervisor of elections.
44	(2)(a)  An absent uniformed services voter or an overseas
45	voter who makes timely application for but does not receive an
46	official absentee ballot may use the federal write-in absentee
47	ballot to vote in any federal election and any state or local
48	election involving two or more candidates.
49	(b)1.  In an election for federal office, an elector may
50	designate a candidate by writing the name of a candidate on the
51	ballot. Except for a primary or special primary election, the
52	elector may alternatively designate a candidate by writing the
53	name of a political party on the ballot. A written designation
54	of the political party shall be counted as a vote for the
55	candidate of that party if there is such a party candidate in
56	the race.
57	2.  In an election for a state or local office, an elector
58	may vote in the section of the federal write-in absentee ballot
59	designated for nonfederal races by writing on the ballot the
60	title of each office and by writing on the ballot the name of
61	the candidate for whom the elector is voting. Except for a
62	primary, special primary, or nonpartisan election, the elector
63	may alternatively designate a candidate by writing the name of a
64	political party on the ballot. A written designation of the
65	political party shall be counted as a vote for the candidate of
66	that party if there is such a party candidate in the race.
67	(c)  In the case of a joint candidacy, such as for the
68	offices of President/Vice President or Governor/Lieutenant
69	Governor, a valid vote for one or both qualified candidates on
70	the same ticket shall constitute a vote for the joint candidacy.
71	(d)  For purposes of this subsection and except where the
72	context clearly indicates otherwise, such as where a candidate
73	in the election is affiliated with a political party whose name
74	includes the word "Independent," "Independence," or similar
75	term, a voter designation of "No Party Affiliation" or
76	"Independent," or any minor variation, misspelling, or
77	abbreviation thereof, shall be considered a designation for the
78	candidate, other than a write-in candidate, who qualified to run
79	in the race with no party affiliation. If more than one
80	candidate qualifies to run as a candidate with no party
81	affiliation, the designation shall not count for any candidate
82	unless there is a valid, additional designation of the
83	candidate's name.
84	(e)  Any abbreviation, misspelling, or other minor
85	variation in the form of the name of an office, the name of a
86	candidate, or the name of a political party must be disregarded
87	in determining the validity of the ballot.
88	(3)(a)  An absent uniformed services voter or an overseas
89	voter who submits a federal write-in absentee ballot and later
90	receives an official absentee ballot may submit the official
91	absentee ballot. An elector who submits a federal write-in
92	absentee ballot and later receives and submits an official
93	absentee ballot should make every reasonable effort to inform
94	the appropriate supervisor of elections that the elector has
95	submitted more than one ballot.
96	(b)  A federal write-in absentee ballot may not be
97	canvassed until 7 p.m. on the day of the election. Each federal
98	write-in absentee ballot received by 7 p.m. on the day of the
99	election shall be canvassed pursuant to ss. 101.5614(5) and
100	101.68, unless the elector's official absentee ballot is
101	received by 7 p.m. on election day. If the elector's official
102	absentee ballot is received by 7 p.m. on election day, the
103	federal write-in absentee ballot is invalid and the official
104	absentee ballot shall be canvassed. The time shall be regulated
105	by the customary time in standard use in the county seat of the
106	locality.
107	(4)(2)  For absentee ballots received from absent uniformed
108	services voters or overseas voters, there is a presumption that
109	the envelope was mailed on the date stated on the outside of the
110	return envelope, regardless of the absence of a postmark on the
111	mailed envelope or the existence of a postmark date that is
112	later than the date of the election.
113	Section 2.  Subsection (5) of section 101.5614, Florida
114	Statutes, is amended to read:
115	101.5614  Canvass of returns.-
116	(5)(a)  If any absentee ballot is physically damaged so
117	that it cannot properly be counted by the automatic tabulating
118	equipment, a true duplicate copy shall be made of the damaged
119	ballot in the presence of witnesses and substituted for the
120	damaged ballot. Likewise, a duplicate ballot shall be made of an
121	absentee ballot containing an overvoted race or a marked
122	absentee ballot in which every race is undervoted which shall
123	include all valid votes as determined by the canvassing board
124	based on rules adopted by the division pursuant to s.
125	102.166(4). All duplicate ballots shall be clearly labeled
126	"duplicate," bear a serial number which shall be recorded on the
127	defective ballot, and be counted in lieu of the defective
128	ballot. After a ballot has been duplicated, the defective ballot
129	shall be placed in an envelope provided for that purpose, and
130	the duplicate ballot shall be tallied with the other ballots for
131	that precinct.
132	(b)  A true duplicate copy shall be made of each federal
133	write-in absentee ballot in the presence of witnesses and
134	substituted for the federal write-in absentee ballot. The
135	duplicate ballot must include all valid votes as determined by
136	the canvassing board based on rules adopted by the division
137	pursuant to s. 102.166(4). All duplicate ballots shall be
138	clearly labeled "duplicate," bear a serial number that shall be
139	recorded on the federal write-in absentee ballot, and be counted
140	in lieu of the federal write-in absentee ballot. After a ballot
141	has been duplicated, the federal write-in absentee ballot shall
142	be placed in an envelope provided for that purpose, and the
143	duplicate ballot shall be tallied with other ballots for that
144	precinct.
145	Section 3.  Subsection (4) of section 102.166, Florida
146	Statutes, is amended, and, for the purpose of incorporating the
147	amendment made by the act to section 101.5614, Florida Statutes,
148	in a reference thereto, subsection (5) of section 102.166,
149	Florida Statutes, is reenacted, to read:
150	102.166  Manual recounts of overvotes and undervotes.-
151	(4)(a)  A vote for a candidate or ballot measure shall be
152	counted if there is a clear indication on the ballot that the
153	voter has made a definite choice.
154	(b)  The Department of State shall adopt specific rules for
155	the federal write-in absentee ballot and for each certified
156	voting system prescribing what constitutes a "clear indication
157	on the ballot that the voter has made a definite choice." The
158	rules shall be consistent, to the extent practicable, and may
159	not:
160	1.  Exclusively provide that the voter must properly mark
161	or designate his or her choice on the ballot; or
162	2.  Contain a catch-all provision that fails to identify
163	specific standards, such as "any other mark or indication
164	clearly indicating that the voter has made a definite choice."
165	(c)  The rule for the federal write-in absentee ballot must
166	address, at a minimum, the following issues:
167	1.  The appropriate lines or spaces for designating a
168	candidate choice and, for state and local races, the office to
169	be voted, including the proximity of each to the other and the
170	effect of intervening blank lines.
171	2.  The sufficiency of designating a candidate's first or
172	last name when no other candidate in the race has the same or a
173	similar name.
174	3.  The sufficiency of designating a candidate's first or
175	last name when an opposing candidate has the same or a similar
176	name, notwithstanding generational suffixes and titles such as
177	"Jr.," "Sr.," or "III." The rule should contemplate the
178	sufficiency of additional first names and first initials, middle
179	names and middle initials, generational suffixes and titles,
180	nicknames, and, in general elections, the name or abbreviation
181	of a political party.
182	4.  Candidate designations containing both a qualified
183	candidate's name and a political party, including where the
184	party designated is the candidate's party, is not the
185	candidate's party, has an opposing candidate in the race, or
186	does not have an opposing candidate in the race.
187	5.  Situations where the abbreviation or name of a
188	candidate is the same as the abbreviation or name of a political
189	party to which the candidate does not belong, including where
190	the party designated has another candidate in the race or does
191	not have a candidate in the race.
192	6.  The use of marks, symbols, or language, such as arrows,
193	quotation marks, or the word "same" or "ditto," to indicate that
194	the same political party designation applies to all listed
195	offices.
196	7.  Situations where an elector designates the name of a
197	qualified candidate for an incorrect office.
198	8.  Situations where an elector designates an otherwise
199	correct office name that includes an incorrect district number.
200	(5)  Procedures for a manual recount are as follows:
201	(a)  The county canvassing board shall appoint as many
202	counting teams of at least two electors as is necessary to
203	manually recount the ballots. A counting team must have, when
204	possible, members of at least two political parties. A candidate
205	involved in the race shall not be a member of the counting team.
206	(b)  Each duplicate ballot prepared pursuant to s.
207	101.5614(5) or s. 102.141(7) shall be compared with the original
208	ballot to ensure the correctness of the duplicate.
209	(c)  If a counting team is unable to determine whether the
210	ballot contains a clear indication that the voter has made a
211	definite choice, the ballot shall be presented to the county
212	canvassing board for a determination.
213	(d)  The Department of State shall adopt detailed rules
214	prescribing additional recount procedures for each certified
215	voting system which shall be uniform to the extent practicable.
216	The rules shall address, at a minimum, the following areas:
217	1.  Security of ballots during the recount process;
218	2.  Time and place of recounts;
219	3.  Public observance of recounts;
220	4.  Objections to ballot determinations;
221	5.  Record of recount proceedings; and
222	6.  Procedures relating to candidate and petitioner
223	representatives.
224	Section 4.  Section 104.18, Florida Statutes, is amended to
225	read:
226	104.18  Casting more than one ballot at any election.-
227	Except as provided in s. 101.6952, whoever willfully votes more
228	than one ballot at any election commits is guilty of a felony of
229	the third degree, punishable as provided in s. 775.082, s.
230	775.083, or s. 775.084.
231	Section 5.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.