Bill Text: FL S1346 | 2016 | Regular Session | Introduced
Bill Title: Elections
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-03-11 - Died in Ethics and Elections [S1346 Detail]
Download: Florida-2016-S1346-Introduced.html
Florida Senate - 2016 SB 1346
By Senator Smith
31-01235-16 20161346__
1 A bill to be entitled
2 An act relating to elections; amending ss. 101.6102,
3 101.6103, 101.64, 101.65, 101.6921, and 101.6923,
4 F.S.; requiring return mailing envelopes used in mail
5 ballot elections and enclosed with absentee ballots
6 and special absentee ballots for certain first-time
7 voters to include prepaid return postage; requiring
8 the state to reimburse the supervisor of elections for
9 expenses incurred through prepayment of return
10 postage; requiring the Department of State to verify
11 such expenses and authorize reimbursement payments;
12 conforming provisions to changes made by the act;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (4) of section 101.6102, Florida
18 Statutes, is amended to read:
19 101.6102 Mail ballot elections; limitations.—
20 (4) The costs of a mail ballot election shall be borne by
21 the jurisdiction initiating the calling of the election, unless
22 otherwise provided by law. However, the supervisor shall be
23 reimbursed by the state for expenses incurred as a result of
24 prepaying return postage on the return mailing envelope used in
25 the mail ballot election. The department shall verify such
26 expenses and authorize payment for reimbursement to the
27 supervisor.
28 Section 2. Subsections (1) and (7) of section 101.6103,
29 Florida Statutes, are amended to read:
30 101.6103 Mail ballot election procedure.—
31 (1) Except as otherwise provided in subsection (7), the
32 supervisor of elections shall mail all official ballots with a
33 secrecy envelope, a return mailing envelope with return postage
34 prepaid, and instructions sufficient to describe the voting
35 process to each elector entitled to vote in the election not
36 sooner than the 20th day before the election and not later than
37 the 10th day before the date of the election. All such ballots
38 shall be mailed by first-class mail. Ballots shall be addressed
39 to each elector at the address appearing in the registration
40 records and placed in an envelope which is prominently marked
41 “Do Not Forward.”
42 (7) With respect to absent electors overseas entitled to
43 vote in the election, the supervisor of elections shall mail an
44 official ballot with a secrecy envelope, a return mailing
45 envelope with return postage prepaid, and instructions
46 sufficient to describe the voting process to each such elector
47 on a date sufficient to allow such elector time to vote in the
48 election and to have his or her marked ballot reach the
49 supervisor by 7 p.m. on the day of the election.
50 Section 3. Subsection (1) of section 101.64, Florida
51 Statutes, is amended, and subsection (5) is added to that
52 section, to read:
53 101.64 Delivery of absentee ballots; envelopes; form.—
54 (1) The supervisor shall enclose with each absentee ballot
55 two envelopes: a secrecy envelope, into which the absent elector
56 shall enclose his or her marked ballot; and a mailing envelope
57 with return postage prepaid, into which the absent elector shall
58 then place the secrecy envelope, which shall be addressed to the
59 supervisor and also bear on the back side a certificate in
60 substantially the following form:
61
62 Note: Please Read Instructions Carefully Before
63 Marking Ballot and Completing Voter’s Certificate.
64
65 VOTER’S CERTIFICATE
66 I, ...., do solemnly swear or affirm that I am a qualified
67 and registered voter of .... County, Florida, and that I have
68 not and will not vote more than one ballot in this election. I
69 understand that if I commit or attempt to commit any fraud in
70 connection with voting, vote a fraudulent ballot, or vote more
71 than once in an election, I can be convicted of a felony of the
72 third degree and fined up to $5,000 and/or imprisoned for up to
73 5 years. I also understand that failure to sign this certificate
74 will invalidate my ballot.
75
76 ...(Date)... ...(Voter’s Signature)...
77 (5) The supervisor shall be reimbursed by the state for
78 expenses incurred as a result of prepaying return postage on the
79 return mailing envelope enclosed with each absentee ballot. The
80 department shall verify such expenses and authorize payment for
81 reimbursement to the supervisor.
82 Section 4. Section 101.65, Florida Statutes, is amended to
83 read:
84 101.65 Instructions to absent electors.—The supervisor
85 shall enclose with each absentee ballot separate printed
86 instructions in substantially the following form:
87
88 READ THESE INSTRUCTIONS CAREFULLY
89 BEFORE MARKING BALLOT.
90 1. VERY IMPORTANT. In order to ensure that your absentee
91 ballot will be counted, it should be completed and returned as
92 soon as possible so that it can reach the supervisor of
93 elections of the county in which your precinct is located no
94 later than 7 p.m. on the day of the election. However, if you
95 are an overseas voter casting a ballot in a presidential
96 preference primary or general election, your absentee ballot
97 must be postmarked or dated no later than the date of the
98 election and received by the supervisor of elections of the
99 county in which you are registered to vote no later than 10 days
100 after the date of the election.
101 2. Mark your ballot in secret as instructed on the ballot.
102 You must mark your own ballot unless you are unable to do so
103 because of blindness, disability, or inability to read or write.
104 3. Mark only the number of candidates or issue choices for
105 a race as indicated on the ballot. If you are allowed to “Vote
106 for One” candidate and you vote for more than one candidate,
107 your vote in that race will not be counted.
108 4. Place your marked ballot in the enclosed secrecy
109 envelope.
110 5. Insert the secrecy envelope into the enclosed mailing
111 envelope which is addressed to the supervisor.
112 6. Seal the mailing envelope and completely fill out the
113 Voter’s Certificate on the back of the mailing envelope.
114 7. VERY IMPORTANT. In order for your absentee ballot to be
115 counted, you must sign your name on the line above (Voter’s
116 Signature). An absentee ballot will be considered illegal and
117 not be counted if the signature on the voter’s certificate does
118 not match the signature on record. The signature on file at the
119 start of the canvass of the absentee ballots is the signature
120 that will be used to verify your signature on the voter’s
121 certificate. If you need to update your signature for this
122 election, send your signature update on a voter registration
123 application to your supervisor of elections so that it is
124 received no later than the start of the canvassing of absentee
125 ballots, which occurs no earlier than the 15th day before
126 election day.
127 8. VERY IMPORTANT. If you are an overseas voter, you must
128 include the date you signed the Voter’s Certificate on the line
129 above (Date) or your ballot may not be counted.
130 9. Mail, deliver, or have delivered the completed mailing
131 envelope. Be sure there is sufficient postage if mailed.
132 10. FELONY NOTICE. It is a felony under Florida law to
133 accept any gift, payment, or gratuity in exchange for your vote
134 for a candidate. It is also a felony under Florida law to vote
135 in an election using a false identity or false address, or under
136 any other circumstances making your ballot false or fraudulent.
137 Section 5. Subsection (2) of section 101.6921, Florida
138 Statutes, is amended, and subsection (5) is added to that
139 section, to read:
140 101.6921 Delivery of special absentee ballot to certain
141 first-time voters.—
142 (2) The supervisor shall enclose with each absentee ballot
143 three envelopes: a secrecy envelope, into which the absent
144 elector will enclose his or her marked ballot; an envelope
145 containing the Voter’s Certificate, into which the absent
146 elector shall place the secrecy envelope; and a mailing envelope
147 with the return postage prepaid, which shall be addressed to the
148 supervisor and into which the absent elector will place the
149 envelope containing the Voter’s Certificate and a copy of the
150 required identification.
151 (5) The supervisor shall be reimbursed by the state for
152 expenses incurred as a result of prepaying return postage on the
153 return mailing envelope enclosed with each special absentee
154 ballot. The department shall verify such expenses and authorize
155 payment for reimbursement to the supervisor.
156 Section 6. Subsection (2) of section 101.6923, Florida
157 Statutes, is amended to read:
158 101.6923 Special absentee ballot instructions for certain
159 first-time voters.—
160 (2) A voter covered by this section shall be provided with
161 printed instructions with his or her absentee ballot in
162 substantially the following form:
163
164 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
165 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
166 YOUR BALLOT NOT TO COUNT.
167
168 1. In order to ensure that your absentee ballot will be
169 counted, it should be completed and returned as soon as possible
170 so that it can reach the supervisor of elections of the county
171 in which your precinct is located no later than 7 p.m. on the
172 date of the election. However, if you are an overseas voter
173 casting a ballot in a presidential preference primary or general
174 election, your absentee ballot must be postmarked or dated no
175 later than the date of the election and received by the
176 supervisor of elections of the county in which you are
177 registered to vote no later than 10 days after the date of the
178 election.
179 2. Mark your ballot in secret as instructed on the ballot.
180 You must mark your own ballot unless you are unable to do so
181 because of blindness, disability, or inability to read or write.
182 3. Mark only the number of candidates or issue choices for
183 a race as indicated on the ballot. If you are allowed to “Vote
184 for One” candidate and you vote for more than one, your vote in
185 that race will not be counted.
186 4. Place your marked ballot in the enclosed secrecy
187 envelope and seal the envelope.
188 5. Insert the secrecy envelope into the enclosed envelope
189 bearing the Voter’s Certificate. Seal the envelope and
190 completely fill out the Voter’s Certificate on the back of the
191 envelope.
192 a. You must sign your name on the line above (Voter’s
193 Signature).
194 b. If you are an overseas voter, you must include the date
195 you signed the Voter’s Certificate on the line above (Date) or
196 your ballot may not be counted.
197 c. An absentee ballot will be considered illegal and will
198 not be counted if the signature on the Voter’s Certificate does
199 not match the signature on record. The signature on file at the
200 start of the canvass of the absentee ballots is the signature
201 that will be used to verify your signature on the Voter’s
202 Certificate. If you need to update your signature for this
203 election, send your signature update on a voter registration
204 application to your supervisor of elections so that it is
205 received no later than the start of canvassing of absentee
206 ballots, which occurs no earlier than the 15th day before
207 election day.
208 6. Unless you meet one of the exemptions in Item 7., you
209 must make a copy of one of the following forms of
210 identification:
211 a. Identification which must include your name and
212 photograph: United States passport; debit or credit card;
213 military identification; student identification; retirement
214 center identification; neighborhood association identification;
215 or public assistance identification; or
216 b. Identification which shows your name and current
217 residence address: current utility bill, bank statement,
218 government check, paycheck, or government document (excluding
219 voter identification card).
220 7. The identification requirements of Item 6. do not apply
221 if you meet one of the following requirements:
222 a. You are 65 years of age or older.
223 b. You have a temporary or permanent physical disability.
224 c. You are a member of a uniformed service on active duty
225 who, by reason of such active duty, will be absent from the
226 county on election day.
227 d. You are a member of the Merchant Marine who, by reason
228 of service in the Merchant Marine, will be absent from the
229 county on election day.
230 e. You are the spouse or dependent of a member referred to
231 in paragraph c. or paragraph d. who, by reason of the active
232 duty or service of the member, will be absent from the county on
233 election day.
234 f. You are currently residing outside the United States.
235 8. Place the envelope bearing the Voter’s Certificate into
236 the mailing envelope addressed to the supervisor. Insert a copy
237 of your identification in the mailing envelope. DO NOT PUT YOUR
238 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
239 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
240 BALLOT WILL NOT COUNT.
241 9. Mail, deliver, or have delivered the completed mailing
242 envelope. Be sure there is sufficient postage if mailed.
243 10. FELONY NOTICE. It is a felony under Florida law to
244 accept any gift, payment, or gratuity in exchange for your vote
245 for a candidate. It is also a felony under Florida law to vote
246 in an election using a false identity or false address, or under
247 any other circumstances making your ballot false or fraudulent.
248 Section 7. This act shall take effect July 1, 2016.
