Bill Text: FL S7064 | 2015 | Regular Session | Introduced
Bill Title: Elections
Spectrum: Committee Bill
Status: (Failed) 2015-05-01 - Died in Appropriations, companion bill(s) passed, see CS/CS/SB 228 (Ch. 2015-36) [S7064 Detail]
Download: Florida-2015-S7064-Introduced.html
Florida Senate - 2015 SB 7064
By the Committee on Ethics and Elections
582-02825A-15 20157064__
1 A bill to be entitled
2 An act relating to elections; creating s. 97.0525,
3 F.S.; requiring the Division of Elections of the
4 Department of State to develop an online voter
5 registration system; providing application and
6 security requirements; requiring the system to compare
7 information submitted online with Department of
8 Highway Safety and Motor Vehicles records; providing
9 for the disposition of voter registration
10 applications; requiring system compliance with federal
11 accessibility provisions; providing for construction;
12 requiring the division to report to the Legislature
13 regarding online voter registration implementation by
14 a specified date; amending s. 97.0535, F.S.; revising
15 forms of acceptable identification for certain voter
16 registration applicants; amending s. 98.077, F.S.;
17 revising the time by which updates of voter signatures
18 must be received by the supervisor of elections;
19 removing the requirement that a voter signature on
20 file at the start of the canvassing of absentee
21 ballots be used for signature verification on absentee
22 and provisional ballot certificates; amending s.
23 101.001, F.S.; revising requirements for precinct
24 boundaries as of a specified date; amending s.
25 101.043, F.S.; authorizing additional forms of
26 acceptable voter identification at a polling place or
27 early voting site; amending s. 101.20, F.S.;
28 authorizing a sample ballot to be mailed to certain
29 electors in lieu of publication; amending s. 101.6102,
30 F.S.; authorizing cities to conduct certain elections
31 by mail if approved by the governing body and
32 supervisor of elections; amending s. 101.62, F.S.;
33 revising the time by which the supervisor must make
34 certain absentee ballot information available;
35 amending s. 101.65, F.S.; conforming a provision to
36 changes made by the act; amending s. 101.657, F.S.;
37 modifying timing requirements for designating early
38 voting sites in special elections; amending ss. 101.68
39 and 101.6923, F.S.; conforming provisions to changes
40 made by the act; providing effective dates.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Section 97.0525, Florida Statutes, is created to
45 read:
46 97.0525 Online voter registration.—
47 (1) Beginning October 1, 2017, an applicant may submit an
48 online voter registration application using the procedures set
49 forth in this section.
50 (2) The division shall establish a secure Internet website
51 to permit an applicant to:
52 (a) Submit a voter registration application, including
53 first-time voter registration applications and updates to
54 existing voter registration records.
55 (b) Submit information necessary to establish an
56 applicant’s eligibility to vote, pursuant to s. 97.041, which
57 must include the information required for the uniform statewide
58 voter registration application pursuant to s. 97.052(2).
59 (c) Swear to the oath required pursuant to s. 97.051.
60 (3) The division shall establish appropriate technological
61 security measures, including use of a unique identifier for each
62 applicant, to prevent unauthorized persons from altering a
63 voter’s registration information.
64 (4)(a) The online voter registration system shall compare
65 the Florida driver license number or Florida identification
66 number submitted pursuant to s. 97.052(2)(n) with information
67 maintained by the Department of Highway Safety and Motor
68 Vehicles to confirm that the name and date of birth on the
69 application are consistent with the records of the Department of
70 Highway Safety and Motor Vehicles.
71 (b) If the applicant’s name and date of birth are
72 consistent with the records of the Department of Highway Safety
73 and Motor Vehicles, the online voter registration system shall
74 transmit, using the statewide voter registration system
75 maintained pursuant to s. 98.035, the applicant’s registration
76 application, along with the digital signature of the applicant
77 on file with the Department of Highway Safety and Motor
78 Vehicles, to the supervisor of elections. The applicant’s
79 digital signature satisfies the signature requirement of s.
80 97.052(2)(q).
81 (c) If the applicant’s name and date of birth cannot be
82 verified by the records of the Department of Highway Safety and
83 Motor Vehicles, or if the applicant indicated that he or she has
84 not been issued a Florida driver license or Florida
85 identification card, the online voter registration system shall
86 populate the applicant’s information into a printable voter
87 registration application pursuant to s. 97.052(2) and direct the
88 applicant to print, sign, and date the application and deliver
89 the application to the supervisor of elections for disposition
90 pursuant to s. 97.073.
91 (5) Upon submission of a completed online voter
92 registration application, the website must generate an immediate
93 electronic confirmation that the supervisor of elections has
94 received the application and provide instructions regarding the
95 ability of a registrant to check the status of the application
96 thereafter.
97 (6) Except as otherwise provided in this section, the
98 supervisor of elections shall process the application pursuant
99 to s. 97.053.
100 (7) The online voter registration system must conform to
101 nationally accepted standards for accessibility for individuals
102 with disabilities, including s. 508 of the Rehabilitation Act of
103 1973, s. 255 of the Telecommunications Act of 1996, and the Web
104 Content Accessibility Guidelines of the World Wide Web
105 Consortium, to ensure equal access for voters with disabilities.
106 (8) A legal distinction may not be made between online
107 voter registration under this section and voter registration in
108 person, by mail, or by other methods provided by general law.
109 Section 2. No later than January 1, 2016, the Division of
110 Elections shall submit a report to the President of the Senate
111 and the Speaker of the House of Representatives regarding the
112 implementation of online voter registration. In the report, the
113 division shall summarize progress to date in implementing online
114 voter registration and expected implementation timeframes, and
115 shall propose any further legislation needed to facilitate
116 online voter registration.
117 Section 3. Paragraph (a) of subsection (3) of section
118 97.0535, Florida Statutes, is amended to read:
119 97.0535 Special requirements for certain applicants.—
120 (3)(a) The following forms of identification shall be
121 considered current and valid if they contain the name and
122 photograph of the applicant and have not expired:
123 1. United States passport or passport card.
124 2. Debit or credit card.
125 3. Military identification.
126 4. Student identification.
127 5. Retirement center identification.
128 6. Neighborhood association identification.
129 7. Public assistance identification.
130 8. United States Department of Veterans Affairs veteran
131 health identification card.
132 9. A license to carry a concealed weapon or firearm issued
133 pursuant to s. 790.06.
134 Section 4. Subsection (4) of section 98.077, Florida
135 Statutes, is amended to read:
136 98.077 Update of voter signature.—
137 (4) All signature updates for use in verifying absentee and
138 provisional ballots must be received by the appropriate
139 supervisor of elections no later than 5 p.m. on the day before
140 an election the start of the canvassing of absentee ballots by
141 the canvassing board. The signature on file at the start of the
142 canvass of the absentee ballots is the signature that shall be
143 used in verifying the signature on the absentee and provisional
144 ballot certificates.
145 Section 5. Effective January 1, 2021, paragraph (e) of
146 subsection (3) of section 101.001, Florida Statutes, is amended
147 to read:
148 101.001 Precincts and polling places; boundaries.—
149 (3)
150 (e) A Any precinct established or altered under the
151 provisions of this section shall consist of areas bounded on all
152 sides only by census block boundaries from the most recent
153 United States Census. If the census block boundaries split or
154 conflict with the another political boundary listed below, the
155 boundary listed below may be used:
156 1. Governmental unit boundaries reported in the most recent
157 Boundary and Annexation Survey published by the United States
158 Census Bureau;
159 2. Visible features that are readily distinguishable upon
160 the ground, such as streets, railroads, tracks, streams, and
161 lakes, and that are indicated upon current census maps, official
162 Department of Transportation maps, official municipal maps,
163 official county maps, or a combination of such maps;
164 3. Boundaries of public parks, public school grounds, or
165 churches; or
166 4. boundaries of counties, incorporated municipalities, or
167 other political subdivisions, such boundaries may be used
168 provided that they meet criteria established by the United
169 States Census Bureau for block boundaries.
170 Section 6. Paragraph (a) of subsection (1) of section
171 101.043, Florida Statutes, is amended to read:
172 101.043 Identification required at polls.—
173 (1)(a) The precinct register, as prescribed in s. 98.461,
174 shall be used at the polls for the purpose of identifying the
175 elector at the polls before allowing him or her to vote. The
176 clerk or inspector shall require each elector, upon entering the
177 polling place, to present one of the following current and valid
178 picture identifications:
179 1. Florida driver license.
180 2. Florida identification card issued by the Department of
181 Highway Safety and Motor Vehicles.
182 3. United States passport or passport card.
183 4. Debit or credit card.
184 5. Military identification.
185 6. Student identification.
186 7. Retirement center identification.
187 8. Neighborhood association identification.
188 9. Public assistance identification.
189 10. United States Department of Veterans Affairs veteran
190 health identification card.
191 11. A license to carry a concealed weapon or firearm issued
192 pursuant to s. 790.06.
193 Section 7. Subsection (2) of section 101.20, Florida
194 Statutes, is amended to read:
195 101.20 Publication of ballot form; sample ballots.—
196 (2) Upon completion of the list of qualified candidates, a
197 sample ballot shall be published by the supervisor of elections
198 in a newspaper of general circulation in the county, before the
199 day of election. A supervisor may send a sample ballot to each
200 registered elector by e-mail at least 7 days before an election
201 if an e-mail address has been provided and the elector has opted
202 to receive a sample ballot by electronic delivery. If an e-mail
203 address has not been provided, or if the elector has not opted
204 for electronic delivery, a sample ballot may be mailed to each
205 registered elector or to each household in which there is a
206 registered elector in lieu of publication at least 7 days before
207 an election.
208 Section 8. Paragraph (c) is added to subsection (1) of
209 section 101.6102, Florida Statutes, to read:
210 101.6102 Mail ballot elections; limitations.—
211 (1)
212 (c) Notwithstanding subsection (2), cities may conduct
213 candidate elections by mail if approved by the governing body
214 and the supervisor of elections.
215 Section 9. Subsection (3) of section 101.62, Florida
216 Statutes, is amended to read:
217 101.62 Request for absentee ballots.—
218 (3) For each request for an absentee ballot received, the
219 supervisor shall record the date the request was made, the date
220 the absentee ballot was delivered to the voter or the voter’s
221 designee or the date the absentee ballot was delivered to the
222 post office or other carrier, the date the ballot was received
223 by the supervisor, the absence of the voter’s signature on the
224 voter’s certificate, if applicable, and such other information
225 he or she may deem necessary. This information shall be provided
226 in electronic format as provided by rule adopted by the
227 division. The information shall be updated and made available no
228 later than noon 8 a.m. of each day, including weekends,
229 beginning 60 days before the primary until 15 days after the
230 general election and shall be contemporaneously provided to the
231 division. This information shall be confidential and exempt from
232 s. 119.07(1) and shall be made available to or reproduced only
233 for the voter requesting the ballot, a canvassing board, an
234 election official, a political party or official thereof, a
235 candidate who has filed qualification papers and is opposed in
236 an upcoming election, and registered political committees for
237 political purposes only.
238 Section 10. Section 101.65, Florida Statutes, is amended to
239 read:
240 101.65 Instructions to absent electors.—The supervisor
241 shall enclose with each absentee ballot separate printed
242 instructions in substantially the following form:
243
244 READ THESE INSTRUCTIONS CAREFULLY
245 BEFORE MARKING BALLOT.
246 1. VERY IMPORTANT. In order to ensure that your absentee
247 ballot will be counted, it should be completed and returned as
248 soon as possible so that it can reach the supervisor of
249 elections of the county in which your precinct is located no
250 later than 7 p.m. on the day of the election. However, if you
251 are an overseas voter casting a ballot in a presidential
252 preference primary or general election, your absentee ballot
253 must be postmarked or dated no later than the date of the
254 election and received by the supervisor of elections of the
255 county in which you are registered to vote no later than 10 days
256 after the date of the election.
257 2. Mark your ballot in secret as instructed on the ballot.
258 You must mark your own ballot unless you are unable to do so
259 because of blindness, disability, or inability to read or write.
260 3. Mark only the number of candidates or issue choices for
261 a race as indicated on the ballot. If you are allowed to “Vote
262 for One” candidate and you vote for more than one candidate,
263 your vote in that race will not be counted.
264 4. Place your marked ballot in the enclosed secrecy
265 envelope.
266 5. Insert the secrecy envelope into the enclosed mailing
267 envelope which is addressed to the supervisor.
268 6. Seal the mailing envelope and completely fill out the
269 Voter’s Certificate on the back of the mailing envelope.
270 7. VERY IMPORTANT. In order for your absentee ballot to be
271 counted, you must sign your name on the line above (Voter’s
272 Signature). An absentee ballot will be considered illegal and
273 not be counted if the signature on the voter’s certificate does
274 not match the signature on record. The signature on file at the
275 start of the canvass of the absentee ballots is the signature
276 that will be used to verify your signature on the voter’s
277 certificate. If you need to update your signature for this
278 election, send your signature update on a voter registration
279 application to your supervisor of elections so that it is
280 received no later than 5 p.m. on the day before an election the
281 start of the canvassing of absentee ballots, which occurs no
282 earlier than the 15th day before election day.
283 8. VERY IMPORTANT. If you are an overseas voter, you must
284 include the date you signed the Voter’s Certificate on the line
285 above (Date) or your ballot may not be counted.
286 9. Mail, deliver, or have delivered the completed mailing
287 envelope. Be sure there is sufficient postage if mailed.
288 10. FELONY NOTICE. It is a felony under Florida law to
289 accept any gift, payment, or gratuity in exchange for your vote
290 for a candidate. It is also a felony under Florida law to vote
291 in an election using a false identity or false address, or under
292 any other circumstances making your ballot false or fraudulent.
293 Section 11. Paragraph (b) of subsection (1) of section
294 101.657, Florida Statutes, is amended to read:
295 101.657 Early voting.—
296 (1)
297 (b) The supervisor shall designate each early voting site
298 by no later than the 30th day before prior to an election and
299 shall designate an early voting area, as defined in s. 97.021,
300 at each early voting site. The supervisor shall designate, as
301 necessary, the early voting sites in a special election held in
302 a county. The supervisor shall provide to the division no later
303 than the 30th day before an election the address of each early
304 voting site and the hours that early voting will occur at each
305 site.
306 Section 12. Paragraph (d) of subsection (4) of section
307 101.68, Florida Statutes, is amended, and subsection (5) is
308 added to that section, to read:
309 101.68 Canvassing of absentee ballot.—
310 (4)
311 (d) Instructions must accompany the absentee ballot
312 affidavit in substantially the following form:
313
314 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
315 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
316 BALLOT NOT TO COUNT.
317
318 1. In order to ensure that your absentee ballot will be
319 counted, your affidavit should be completed and returned as soon
320 as possible so that it can reach the supervisor of elections of
321 the county in which your precinct is located no later than 5
322 p.m. on the 2nd day before the election.
323 2. You must sign your name on the line above (Voter’s
324 Signature).
325 3. You must make a copy of one of the following forms of
326 identification:
327 a. Identification that includes your name and photograph:
328 United States passport or passport card; debit or credit card;
329 military identification; student identification; retirement
330 center identification; neighborhood association identification;
331 or public assistance identification; United States Department of
332 Veterans Affairs veteran health identification card; or license
333 to carry a concealed weapon or firearm issued pursuant to s.
334 790.06; or
335 b. Identification that shows your name and current
336 residence address: current utility bill, bank statement,
337 government check, paycheck, or government document (excluding
338 voter identification card).
339 4. Place the envelope bearing the affidavit into a mailing
340 envelope addressed to the supervisor. Insert a copy of your
341 identification in the mailing envelope. Mail, deliver, or have
342 delivered the completed affidavit along with the copy of your
343 identification to your county supervisor of elections. Be sure
344 there is sufficient postage if mailed and that the supervisor’s
345 address is correct.
346 5. Alternatively, you may fax or e-mail your completed
347 affidavit and a copy of your identification to the supervisor of
348 elections. If e-mailing, please provide these documents as
349 attachments.
350 (5) The supervisor shall allow an elector who has submitted
351 an absentee ballot to update his or her signature until 5 p.m.
352 on the day before an election if the ballot has not been
353 canvassed by the canvassing board.
354 Section 13. Subsection (2) of section 101.6923, Florida
355 Statutes, is amended to read:
356 101.6923 Special absentee ballot instructions for certain
357 first-time voters.—
358 (2) A voter covered by this section shall be provided with
359 printed instructions with his or her absentee ballot in
360 substantially the following form:
361
362 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
363 FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
364 TO COUNT.
365
366 1. In order to ensure that your absentee ballot will be
367 counted, it should be completed and returned as soon as possible
368 so that it can reach the supervisor of elections of the county
369 in which your precinct is located no later than 7 p.m. on the
370 date of the election. However, if you are an overseas voter
371 casting a ballot in a presidential preference primary or general
372 election, your absentee ballot must be postmarked or dated no
373 later than the date of the election and received by the
374 supervisor of elections of the county in which you are
375 registered to vote no later than 10 days after the date of the
376 election.
377 2. Mark your ballot in secret as instructed on the ballot.
378 You must mark your own ballot unless you are unable to do so
379 because of blindness, disability, or inability to read or write.
380 3. Mark only the number of candidates or issue choices for
381 a race as indicated on the ballot. If you are allowed to “Vote
382 for One” candidate and you vote for more than one, your vote in
383 that race will not be counted.
384 4. Place your marked ballot in the enclosed secrecy
385 envelope and seal the envelope.
386 5. Insert the secrecy envelope into the enclosed envelope
387 bearing the Voter’s Certificate. Seal the envelope and
388 completely fill out the Voter’s Certificate on the back of the
389 envelope.
390 a. You must sign your name on the line above (Voter’s
391 Signature).
392 b. If you are an overseas voter, you must include the date
393 you signed the Voter’s Certificate on the line above (Date) or
394 your ballot may not be counted.
395 c. An absentee ballot will be considered illegal and will
396 not be counted if the signature on the Voter’s Certificate does
397 not match the signature on record. The signature on file at the
398 start of the canvass of the absentee ballots is the signature
399 that will be used to verify your signature on the Voter’s
400 Certificate. If you need to update your signature for this
401 election, send your signature update on a voter registration
402 application to your supervisor of elections so that it is
403 received no later than 5 p.m. on the day before an election the
404 start of canvassing of absentee ballots, which occurs no earlier
405 than the 15th day before election day.
406 6. Unless you meet one of the exemptions in Item 7., you
407 must make a copy of one of the following forms of
408 identification:
409 a. Identification which must include your name and
410 photograph: United States passport or passport card; debit or
411 credit card; military identification; student identification;
412 retirement center identification; neighborhood association
413 identification; or public assistance identification; United
414 States Department of Veterans Affairs veteran health
415 identification card; or license to carry a concealed weapon or
416 firearm issued pursuant to s. 790.06; or
417 b. Identification that which shows your name and current
418 residence address: current utility bill, bank statement,
419 government check, paycheck, or government document (excluding
420 voter identification card).
421 7. The identification requirements of Item 6. do not apply
422 if you meet one of the following requirements:
423 a. You are 65 years of age or older.
424 b. You have a temporary or permanent physical disability.
425 c. You are a member of a uniformed service on active duty
426 who, by reason of such active duty, will be absent from the
427 county on election day.
428 d. You are a member of the Merchant Marine who, by reason
429 of service in the Merchant Marine, will be absent from the
430 county on election day.
431 e. You are the spouse or dependent of a member referred to
432 in paragraph c. or paragraph d. who, by reason of the active
433 duty or service of the member, will be absent from the county on
434 election day.
435 f. You are currently residing outside the United States.
436 8. Place the envelope bearing the Voter’s Certificate into
437 the mailing envelope addressed to the supervisor. Insert a copy
438 of your identification in the mailing envelope. DO NOT PUT YOUR
439 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
440 INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
441 BALLOT WILL NOT COUNT.
442 9. Mail, deliver, or have delivered the completed mailing
443 envelope. Be sure there is sufficient postage if mailed.
444 10. FELONY NOTICE. It is a felony under Florida law to
445 accept any gift, payment, or gratuity in exchange for your vote
446 for a candidate. It is also a felony under Florida law to vote
447 in an election using a false identity or false address, or under
448 any other circumstances making your ballot false or fraudulent.
449 Section 14. Except as otherwise expressly provided in this
450 act, this act shall take effect July 1, 2015.
