Bill Text: FL S1586 | 2022 | Regular Session | Introduced
Bill Title: Elections
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-03-14 - Died in Ethics and Elections [S1586 Detail]
Download: Florida-2022-S1586-Introduced.html
Florida Senate - 2022 SB 1586
By Senator Polsky
29-00010D-22 20221586__
1 A bill to be entitled
2 An act relating to elections; amending s. 97.052,
3 F.S.; requiring the uniform statewide voter
4 registration application to be accepted for the
5 purpose of vote-by-mail ballot requests; requiring the
6 uniform statewide voter registration application to
7 elicit whether an applicant requests a vote-by-mail
8 ballot; specifying requirements for a certain
9 statement of the applicant’s intent; amending s.
10 97.0525, F.S.; requiring the online voter registration
11 system to permit an applicant to request a vote-by
12 mail ballot; amending s. 100.111, F.S.; requiring the
13 Governor to consult with supervisors of elections of
14 affected counties in fixing the dates for special
15 elections; requiring the Governor, in the event of a
16 vacancy in a state legislative office, to limit the
17 duration of a vacancy during a regular legislative
18 session to the greatest extent possible in fixing
19 special election dates; requiring the Governor to fix
20 the date for a special election to be held within a
21 certain timeframe; revising the minimum time between a
22 special primary election and a special election;
23 amending s. 100.141, F.S.; requiring the Governor to
24 issue an order calling for a special election within a
25 certain timeframe; conforming a provision to changes
26 made by the act; amending s. 101.62, F.S.; requiring a
27 supervisor of elections to accept certain requests for
28 vote-by-mail ballots; providing that a request made on
29 a vote-by-mail ballot return mailing envelope does not
30 require specified identifying information and is
31 sufficient if such ballot is counted; amending s.
32 101.64, F.S.; requiring a vote-by-mail ballot return
33 mailing envelope to bear a statement and a checkbox
34 that allows an absent elector to request a vote-by
35 mail ballot for all elections taking place during a
36 specified timeframe; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Paragraph (a) of subsection (1) of section
41 97.052, Florida Statutes, is amended, and paragraph (v) is added
42 to subsection (2) of that section, to read:
43 97.052 Uniform statewide voter registration application.—
44 (1) The department shall prescribe by rule a uniform
45 statewide voter registration application for use in this state.
46 (a) The uniform statewide voter registration application
47 must be accepted for any one or more of the following purposes:
48 1. Initial registration.
49 2. Change of address.
50 3. Change of party affiliation.
51 4. Change of name.
52 5. Replacement of a voter information card.
53 6. Signature update.
54 7. Vote-by-mail ballot request.
55 (2) The uniform statewide voter registration application
56 must be designed to elicit the following information from the
57 applicant:
58 (v) Whether the applicant requests a vote-by-mail ballot,
59 by including a statement in substantially the following form: “I
60 request a vote-by-mail ballot.” The statement must be followed
61 by a box for the applicant to check to affirm the statement.
62 Section 2. Paragraph (a) of subsection (2) of section
63 97.0525, Florida Statutes, is amended to read:
64 97.0525 Online voter registration.—
65 (2) The division shall establish and maintain a secure
66 Internet website that safeguards an applicant’s information to
67 ensure data integrity and permits an applicant to:
68 (a) Submit a voter registration application, including a
69 first-time voter registration application, applications and
70 updates to current voter registration records, and a vote-by
71 mail ballot request made by checking a box to affirm the
72 statement that must be included on the uniform statewide voter
73 registration application pursuant to s. 97.052(2)(v).
74 Section 3. Subsection (2) of section 100.111, Florida
75 Statutes, is amended to read:
76 100.111 Filling vacancy.—
77 (2) Whenever there is a vacancy for which a special
78 election is required pursuant to s. 100.101, the Governor, after
79 consultation with the Secretary of State and the supervisor of
80 elections of any affected county, shall fix the dates of a
81 special primary election and a special election. Nominees of
82 political parties shall be chosen under the primary laws of this
83 state in the special primary election to become candidates in
84 the special election. Before Prior to setting the special
85 election dates, the Governor shall consider any upcoming
86 elections in the jurisdiction where the special election will be
87 held and, in the event of a vacancy in a state legislative
88 office, shall limit the duration of any such vacancy during a
89 regular legislative session to the greatest extent possible in
90 fixing such dates. Notwithstanding the foregoing, any special
91 election may not be held later than 180 days after a vacancy has
92 occurred. The dates fixed by the Governor must shall be specific
93 days certain and may shall not be established by the happening
94 of a condition or stated in the alternative. The dates fixed
95 must shall provide a minimum of 10 2 weeks between each
96 election. In the event a vacancy occurs in the office of state
97 senator or member of the House of Representatives when the
98 Legislature is in regular legislative session, the minimum times
99 prescribed by this subsection may be waived upon concurrence of
100 the Governor, the Speaker of the House of Representatives, and
101 the President of the Senate. If a vacancy occurs in the office
102 of state senator and no session of the Legislature is scheduled
103 to be held before prior to the next general election, the
104 Governor may fix the dates for the special primary election and
105 for the special election to coincide with the dates of the
106 primary election and general election. If a vacancy in office
107 occurs in any district in the state Senate or House of
108 Representatives or in any congressional district, and no session
109 of the Legislature, or session of Congress if the vacancy is in
110 a congressional district, is scheduled to be held during the
111 unexpired portion of the term, the Governor is not required to
112 call a special election to fill such vacancy.
113 (a) The dates for candidates to qualify in such special
114 election or special primary election must shall be fixed by the
115 Department of State, and candidates must shall qualify no not
116 later than noon of the last day so fixed. The dates fixed for
117 qualifying must shall allow a minimum of 14 days between the
118 last day of qualifying and the special primary election.
119 (b) The filing of campaign expense statements by candidates
120 in such special elections or special primaries and by committees
121 making contributions or expenditures to influence the results of
122 such special primaries or special elections must shall be no not
123 later than such dates as shall be fixed by the Department of
124 State, and in fixing such dates the Department of State shall
125 take into consideration and be governed by the practical time
126 limitations.
127 (c) The dates for a candidate to qualify by the petition
128 process pursuant to s. 99.095 in such special primary or special
129 election must shall be fixed by the Department of State. In
130 fixing such dates the Department of State shall take into
131 consideration and be governed by the practical time limitations.
132 Any candidate seeking to qualify by the petition process in a
133 special primary election must shall obtain 25 percent of the
134 signatures required by s. 99.095.
135 (d) The qualifying fees and party assessments of such
136 candidates as may qualify must shall be the same as collected
137 for the same office at the last previous primary for that
138 office. The party assessment must shall be paid to the
139 appropriate executive committee of the political party to which
140 the candidate belongs.
141 (e) Each county canvassing board shall make as speedy a
142 return of the result of such special primary elections and
143 special elections as time will permit, and the Elections
144 Canvassing Commission likewise shall make as speedy a canvass
145 and declaration of the nominees as time will permit.
146 Section 4. Subsection (1) of section 100.141, Florida
147 Statutes, is amended to read:
148 100.141 Notice of special election to fill any vacancy in
149 office.—
150 (1) Whenever a special election is required to fill any
151 vacancy in office, the Governor, after consultation with the
152 Secretary of State and the supervisor of elections of any
153 affected county, shall issue an order declaring on what day the
154 election shall be held and deliver the order to the Department
155 of State. The Governor shall issue the order within 14 calendar
156 days after the occurrence of the vacancy or, for vacancies
157 arising due to a resignation pursuant to s. 99.012, within 14
158 calendar days after submittal of the written resignation to the
159 Governor, whichever is sooner.
160 Section 5. Present paragraphs (b) and (c) of subsection (1)
161 of section 101.62, Florida Statutes, are redesignated as
162 paragraphs (c) and (d), respectively, a new paragraph (b) is
163 added to that subsection, and paragraph (a) and present
164 paragraph (b) of that subsection are amended, to read:
165 101.62 Request for vote-by-mail ballots.—
166 (1)(a) The supervisor shall accept a request for a vote-by
167 mail ballot from an elector in person or in writing, including:
168 1. A request made by checking the vote-by-mail ballot
169 request box included on the uniform statewide voter registration
170 application pursuant to s. 97.052(2)(v) or on an application
171 submitted online pursuant to s. 97.0525; or
172 2. A request made by checking the vote-by-mail ballot
173 request box included on a vote-by-mail return mailing envelope
174 pursuant to s. 101.64(1)(b)2.
175 (b) One request is deemed sufficient to receive a vote-by
176 mail ballot for all elections through the end of the calendar
177 year of the next regularly scheduled general election, unless
178 the elector or the elector’s designee indicates at the time the
179 request is made the elections within such period for which the
180 elector desires to receive a vote-by-mail ballot. Such request
181 may be considered canceled when any first-class mail sent by the
182 supervisor to the elector is returned as undeliverable.
183 (c)(b) The supervisor may accept a written, an in-person,
184 or a telephonic request for a vote-by-mail ballot to be mailed
185 to an elector’s address on file in the Florida Voter
186 Registration System from the elector, or, if directly instructed
187 by the elector, a member of the elector’s immediate family, or
188 the elector’s legal guardian. If an in-person or a telephonic
189 request is made, the elector must provide the elector’s Florida
190 driver license number, the elector’s Florida identification card
191 number, or the last four digits of the elector’s social security
192 number, whichever may be verified in the supervisor’s records.
193 If the ballot is requested to be mailed to an address other than
194 the elector’s address on file in the Florida Voter Registration
195 System, the request must be made in writing. A written request
196 must be signed by the elector and include the elector’s Florida
197 driver license number, the elector’s Florida identification card
198 number, or the last four digits of the elector’s social security
199 number. However, a request made as provided in subparagraph
200 (a)2. does not require the inclusion of the elector’s Florida
201 driver license number, the elector’s Florida identification card
202 number, or the last four digits of the elector’s social security
203 number and is sufficient if the vote-by-mail ballot is counted.
204 However, an absent uniformed service voter or an overseas voter
205 seeking a vote-by-mail ballot is not required to submit a
206 signed, written request for a vote-by-mail ballot that is being
207 mailed to an address other than the elector’s address on file in
208 the Florida Voter Registration System. For purposes of this
209 section, the term “immediate family” has the same meaning as
210 specified in paragraph (4)(c). The person making the request
211 must disclose:
212 1. The name of the elector for whom the ballot is
213 requested.
214 2. The elector’s address.
215 3. The elector’s date of birth.
216 4. The elector’s Florida driver license number, the
217 elector’s Florida identification card number, or the last four
218 digits of the elector’s social security number, whichever may be
219 verified in the supervisor’s records.
220 5. The requester’s name.
221 6. The requester’s address.
222 7. The requester’s driver license number, the requester’s
223 identification card number, or the last four digits of the
224 requester’s social security number, if available.
225 8. The requester’s relationship to the elector.
226 9. The requester’s signature (written requests only).
227 Section 6. Paragraph (b) of subsection (1) of section
228 101.64, Florida Statutes, is amended to read:
229 101.64 Delivery of vote-by-mail ballots; envelopes; form.—
230 (1)
231 (b) Each return mailing envelope must bear the following:
232 1. The absent elector’s name.
233 2. A statement in substantially the following form: “I
234 request a vote-by-mail ballot for all elections taking place
235 through the end of the calendar year of the next regularly
236 scheduled general election.” The statement must be followed by a
237 box that the absent elector may check to affirm the statement.
238 3. and Any encoded mark used by the supervisor’s office.
239 Section 7. This act shall take effect July 1, 2022.
