Bill Text: FL S1058 | 2015 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Canvassing of Absentee Ballots

Spectrum: Bipartisan Bill

Status: (Failed) 2015-05-01 - Died in Rules [S1058 Detail]

Download: Florida-2015-S1058-Introduced.html

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       Florida Senate - 2015                                    SB 1058
       
       
        
       By Senator Smith
       
       
       
       
       
       31-01326-15                                           20151058__
    1                        A bill to be entitled                      
    2         An act relating to canvassing of absentee ballots;
    3         amending s. 101.68, F.S.; extending the time for
    4         canvassing and processing absentee ballots to 28 days
    5         before an election; amending ss. 101.65 and 101.6923,
    6         F.S.; revising absentee ballot instructions for absent
    7         electors and certain first-time voters, respectively,
    8         to conform to changes made by the act; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (a) of subsection (2) of section
   14  101.68, Florida Statutes, is amended to read:
   15         101.68 Canvassing of absentee ballot.—
   16         (2)(a) The county canvassing board may begin the canvassing
   17  of absentee ballots at 7 a.m. on the 28th 15th day before the
   18  election, but not later than noon on the day following the
   19  election. In addition, for any county using electronic
   20  tabulating equipment, the processing of absentee ballots through
   21  such tabulating equipment may begin at 7 a.m. on the 28th 15th
   22  day before the election. However, notwithstanding any such
   23  authorization to begin canvassing or otherwise processing
   24  absentee ballots early, no result shall be released until after
   25  the closing of the polls in that county on election day. Any
   26  supervisor of elections, deputy supervisor of elections,
   27  canvassing board member, election board member, or election
   28  employee who releases the results of a canvassing or processing
   29  of absentee ballots before prior to the closing of the polls in
   30  that county on election day commits a felony of the third
   31  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   32  775.084.
   33         Section 2. Section 101.65, Florida Statutes, is amended to
   34  read:
   35         101.65 Instructions to absent electors.—The supervisor
   36  shall enclose with each absentee ballot separate printed
   37  instructions in substantially the following form:
   38  
   39                  READ THESE INSTRUCTIONS CAREFULLY                
   40                       BEFORE MARKING BALLOT.                      
   41         1. VERY IMPORTANT. In order to ensure that your absentee
   42  ballot will be counted, it should be completed and returned as
   43  soon as possible so that it can reach the supervisor of
   44  elections of the county in which your precinct is located no
   45  later than 7 p.m. on the day of the election. However, if you
   46  are an overseas voter casting a ballot in a presidential
   47  preference primary or general election, your absentee ballot
   48  must be postmarked or dated no later than the date of the
   49  election and received by the supervisor of elections of the
   50  county in which you are registered to vote no later than 10 days
   51  after the date of the election.
   52         2. Mark your ballot in secret as instructed on the ballot.
   53  You must mark your own ballot unless you are unable to do so
   54  because of blindness, disability, or inability to read or write.
   55         3. Mark only the number of candidates or issue choices for
   56  a race as indicated on the ballot. If you are allowed to “Vote
   57  for One” candidate and you vote for more than one candidate,
   58  your vote in that race will not be counted.
   59         4. Place your marked ballot in the enclosed secrecy
   60  envelope.
   61         5. Insert the secrecy envelope into the enclosed mailing
   62  envelope which is addressed to the supervisor.
   63         6. Seal the mailing envelope and completely fill out the
   64  Voter’s Certificate on the back of the mailing envelope.
   65         7. VERY IMPORTANT. In order for your absentee ballot to be
   66  counted, you must sign your name on the line above (Voter’s
   67  Signature). An absentee ballot will be considered illegal and
   68  not be counted if the signature on the voter’s certificate does
   69  not match the signature on record. The signature on file at the
   70  start of the canvass of the absentee ballots is the signature
   71  that will be used to verify your signature on the voter’s
   72  certificate. If you need to update your signature for this
   73  election, send your signature update on a voter registration
   74  application to your supervisor of elections so that it is
   75  received no later than the start of the canvassing of absentee
   76  ballots, which occurs no earlier than the 28th 15th day before
   77  election day.
   78         8. VERY IMPORTANT. If you are an overseas voter, you must
   79  include the date you signed the Voter’s Certificate on the line
   80  above (Date) or your ballot may not be counted.
   81         9. Mail, deliver, or have delivered the completed mailing
   82  envelope. Be sure there is sufficient postage if mailed.
   83         10. FELONY NOTICE. It is a felony under Florida law to
   84  accept any gift, payment, or gratuity in exchange for your vote
   85  for a candidate. It is also a felony under Florida law to vote
   86  in an election using a false identity or false address, or under
   87  any other circumstances making your ballot false or fraudulent.
   88         Section 3. Subsection (2) of section 101.6923, Florida
   89  Statutes, is amended to read:
   90         101.6923 Special absentee ballot instructions for certain
   91  first-time voters.—
   92         (2) A voter covered by this section shall be provided with
   93  printed instructions with his or her absentee ballot in
   94  substantially the following form:
   95  
   96         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
   97         BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
   98         YOUR BALLOT NOT TO COUNT.
   99  
  100         1. In order to ensure that your absentee ballot will be
  101  counted, it should be completed and returned as soon as possible
  102  so that it can reach the supervisor of elections of the county
  103  in which your precinct is located no later than 7 p.m. on the
  104  date of the election. However, if you are an overseas voter
  105  casting a ballot in a presidential preference primary or general
  106  election, your absentee ballot must be postmarked or dated no
  107  later than the date of the election and received by the
  108  supervisor of elections of the county in which you are
  109  registered to vote no later than 10 days after the date of the
  110  election.
  111         2. Mark your ballot in secret as instructed on the ballot.
  112  You must mark your own ballot unless you are unable to do so
  113  because of blindness, disability, or inability to read or write.
  114         3. Mark only the number of candidates or issue choices for
  115  a race as indicated on the ballot. If you are allowed to “Vote
  116  for One” candidate and you vote for more than one, your vote in
  117  that race will not be counted.
  118         4. Place your marked ballot in the enclosed secrecy
  119  envelope and seal the envelope.
  120         5. Insert the secrecy envelope into the enclosed envelope
  121  bearing the Voter’s Certificate. Seal the envelope and
  122  completely fill out the Voter’s Certificate on the back of the
  123  envelope.
  124         a. You must sign your name on the line above (Voter’s
  125  Signature).
  126         b. If you are an overseas voter, you must include the date
  127  you signed the Voter’s Certificate on the line above (Date) or
  128  your ballot may not be counted.
  129         c. An absentee ballot will be considered illegal and will
  130  not be counted if the signature on the Voter’s Certificate does
  131  not match the signature on record. The signature on file at the
  132  start of the canvass of the absentee ballots is the signature
  133  that will be used to verify your signature on the Voter’s
  134  Certificate. If you need to update your signature for this
  135  election, send your signature update on a voter registration
  136  application to your supervisor of elections so that it is
  137  received no later than the start of canvassing of absentee
  138  ballots, which occurs no earlier than the 28th 15th day before
  139  election day.
  140         6. Unless you meet one of the exemptions in Item 7., you
  141  must make a copy of one of the following forms of
  142  identification:
  143         a. Identification which must include your name and
  144  photograph: United States passport; debit or credit card;
  145  military identification; student identification; retirement
  146  center identification; neighborhood association identification;
  147  or public assistance identification; or
  148         b. Identification which shows your name and current
  149  residence address: current utility bill, bank statement,
  150  government check, paycheck, or government document (excluding
  151  voter identification card).
  152         7. The identification requirements of Item 6. do not apply
  153  if you meet one of the following requirements:
  154         a. You are 65 years of age or older.
  155         b. You have a temporary or permanent physical disability.
  156         c. You are a member of a uniformed service on active duty
  157  who, by reason of such active duty, will be absent from the
  158  county on election day.
  159         d. You are a member of the Merchant Marine who, by reason
  160  of service in the Merchant Marine, will be absent from the
  161  county on election day.
  162         e. You are the spouse or dependent of a member referred to
  163  in paragraph c. or paragraph d. who, by reason of the active
  164  duty or service of the member, will be absent from the county on
  165  election day.
  166         f. You are currently residing outside the United States.
  167         8. Place the envelope bearing the Voter’s Certificate into
  168  the mailing envelope addressed to the supervisor. Insert a copy
  169  of your identification in the mailing envelope. DO NOT PUT YOUR
  170  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
  171  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
  172  BALLOT WILL NOT COUNT.
  173         9. Mail, deliver, or have delivered the completed mailing
  174  envelope. Be sure there is sufficient postage if mailed.
  175         10. FELONY NOTICE. It is a felony under Florida law to
  176  accept any gift, payment, or gratuity in exchange for your vote
  177  for a candidate. It is also a felony under Florida law to vote
  178  in an election using a false identity or false address, or under
  179  any other circumstances making your ballot false or fraudulent.
  180         Section 4. This act shall take effect July 1, 2015.