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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to elections; amending s. 20.10, F.S.; 2
requiring the Secretary of State to be elected rather 3
than appointed; specifying when such election shall 4
occur; amending s. 97.053, F.S.; providing that an 5
applicant must designate a party affiliation or select 6
no party affiliation to be registered to vote; 7
requiring a supervisor of elections to provide a 8
certain notification; requiring the voter registration 9
application to include certain information; creating 10
s. 97.0556, F.S.; providing that a person who meets 11
certain requirements may register to vote at an early 12
voting site or at his or her polling place and 13
immediately thereafter cast a ballot; amending s. 14
97.057, F.S.; requiring the Department of Highway 15
Safety and Motor Vehicles to provide the opp ortunity 16
to preregister to vote to certain individuals; 17
revising procedures governing voter registration by 18
the Department of Highway Safety and Motor Vehicles; 19
providing that driver license or identification card 20
applications, driver license or identifica tion card 21
renewal applications, and applications for changes of 22
address for existing driver licenses or identification 23
cards submitted to the department serve as voter 24
registration applications; providing that an applicant 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
is deemed to have consented to th e use of his or her 26
signature for voter registration purposes unless a 27
declination is made; requiring specified applications 28
to include a voter registration component, subject to 29
approval by the Department of State; providing 30
requirements for the voter reg istration component; 31
providing for the transmittal of voter registration 32
information to the Department of State and supervisors 33
of elections; amending s. 97.0575, F.S.; removing a 34
requirement that a third -party voter registration 35
organization provide certa in notice to an applicant; 36
revising certain penalties for third -party voter 37
registration organizations; removing the aggregate 38
limit of such penalties; amending s. 98.045, F.S.; 39
conforming a cross-reference; amending s. 98.065, 40
F.S.; revising the condition s in which a supervisor 41
must designate a voter as inactive; amending s. 42
99.061, F.S.; authorizing a candidate to pay his or 43
her qualification fee with a cashier's check; amending 44
100.111, F.S.; requiring the Governor to consult with 45
affected supervisors of elections in fixing the dates 46
for special elections; requiring the Governor, in the 47
event of a vacancy in a state legislative office, to 48
limit the period of a vacancy during a regular 49
legislative session to the greatest extent possible in 50
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fixing special election dates; requiring the Governor 51
to fix the date for a special election to be held 52
within a certain timeframe; revising the minimum time 53
between a special primary election and a special 54
election; amending s. 100.141, F.S.; requiring the 55
Governor to issue an order calling for a special 56
election within a certain timeframe; conforming a 57
provision to changes made by the act; amending s. 58
100.371, F.S.; providing a requirement for the 59
delivery of certain petition forms; creating s. 60
100.51, F.S.; establishing General Election Day as a 61
paid holiday; providing that any elector may absent 62
himself or herself from service or employment at a 63
specific time on a General Election Day and may not be 64
penalized or have pay reduced for such absence; 65
creating s. 101.016, F. S.; requiring the Division of 66
Elections to maintain a strategic elections equipment 67
reserve of voting systems and other equipment for 68
specified purposes; requiring such reserve to include 69
specified equipment; authorizing the division to 70
contract with specified entities rather than 71
physically maintain such reserve; amending s. 101.048, 72
F.S.; providing that a person may cast a provisional 73
vote at any precinct in the county in which the voter 74
claims to be registered; amending s. 101.151, F.S.; 75
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revising the order in which office titles and names of 76
candidates are placed on the ballot; amending s. 77
101.5612, F.S.; requiring a supervisor of elections to 78
annually file a plan for operations under certain 79
conditions; amending s. 101.62, F.S.; providing that a 80
request for a vote-by-mail ballot is valid until the 81
request is canceled; revising the deadline by which 82
vote-by-mail ballots must be received by a supervisor 83
of elections; revising the period during which a 84
supervisor of elections may deliver certain ballots; 85
removing requirements for a person designated by an 86
elector to pick up the elector's vote -by-mail ballot; 87
providing for extension of deadlines under certain 88
conditions; amending s. 101.64, F.S.; requiring a 89
supervisor of elections to enclose a postage paid 90
mailing envelope with each vote -by-mail ballot; 91
providing that vote-by-mail ballot voter certificates 92
may be signed with the last four digits of the voter's 93
social security number; amending s. 101.65, F.S.; 94
revising instructions that must be provided with a 95
vote-by-mail ballot; amending s. 101.68, F.S.; 96
requiring a supervisor of elections to compare the 97
signature or partial social security number on a 98
voter's certificate with the signature or partial 99
social security number in the registration books or 100
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precinct register when canvassing a vote -by-mail 101
ballot; requiring a canvassing board to compare the 102
signature or partial social security number on a 103
voter's certificate or cure affidavit with the 104
signature or partial social security number in the 105
registration books or precinct register when 106
canvassing a vote-by-mail ballot; removing 107
authorization for certain persons to file a protest 108
against the canvass of a ballot; amending s. 101.6952, 109
F.S.; authorizing an absent voter to submit a federal 110
write-in absentee ballot or vote-by-mail ballot; 111
revising requirements for the canvassing of specified 112
ballots; providing that a certain presumption applies 113
to vote-by-mail ballots received from absent voters; 114
requiring a vote-by-mail ballot from an absent voter 115
which is postmarked or dated by a certain date to be 116
counted; amending s. 101.71, F.S.; prohibiting a 117
polling place from being located within a gated 118
community unless certain conditions are met; amending 119
s. 102.031, F.S.; providing that a person may provide 120
food, water, or other items to certain voters; 121
prohibiting the use of devices that amplify sound in 122
certain locations during certain hours; amending s. 123
102.111, F.S.; revising the dates by which the 124
Elections Canvassing Commission shall certify certain 125
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election returns; amending s. 102.112, F.S.; revising 126
the deadlines for submission of county returns to the 127
Department of State; creating s. 102.181, F.S.; 128
authorizing certain persons to file actions against a 129
supervisor of elections for noncompliance with the 130
election code; providing that such person is entitled 131
to an immediate hearing; providing for the waiver of 132
fees and costs and the awarding of attorney fees; 133
providing an effective date. 134
135
Be It Enacted by the Legislature of the State of Florida: 136
137
Section 1. Subsection (1) of section 20.10, Florida 138
Statutes, is amended to read: 139
20.10 Department of State. —There is created a Department 140
of State. 141
(1) The head of the Department of State is the Secretary 142
of State. The Secretary of State shall be elected at the 143
statewide general election at which the Governor, Lieutenant 144
Governor, and Cabinet officers are elected as provided in s. 5, 145
Art. IV of the State Constitution, for a term of 4 years 146
beginning on the first Tuesday after the first Monday in January 147
of the year following such election appointed by the Governor, 148
subject to confirmation by the Senate, and shall serve at the 149
pleasure of the Governor . The Secretary of State shall perform 150
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the functions conferred by the State Constitution upon the 151
custodian of state r ecords. 152
Section 2. Paragraph (b) of subsection (5) of section 153
97.053, Florida Statutes, is amended to read: 154
97.053 Acceptance of voter registration applications. — 155
(5) 156
(b) An applicant who fails to designate party affiliation 157
or affirmatively selec t no party affiliation may not must be 158
registered without party affiliation . The supervisor must notify 159
the voter by mail that the voter has not been registered without 160
party affiliation and that the voter must complete a new 161
registration application and d esignate a party affiliation or 162
affirmatively select no party affiliation. The voter 163
registration application must clearly denote this requirement 164
may change party affiliation as provided in s. 97.1031 . 165
Section 3. Section 97.0556, Florida Statutes, is created 166
to read: 167
97.0556 Same-day voter registration. —A person who meets 168
the qualifications to register to vote in s. 97.041 and provides 169
the information required for the statewide voter registration 170
application in s. 97.052 may register at an early voti ng site or 171
at his or her polling place and immediately thereafter cast a 172
ballot. 173
Section 4. Section 97.057, Florida Statutes, is amended to 174
read: 175
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97.057 Voter registration by the Department of Highway 176
Safety and Motor Vehicles. — 177
(1) Each of the following serves as an application The 178
Department of Highway Safety and Motor Vehicles shall provide 179
the opportunity to preregister to vote, register to vote, or to 180
update a voter registration record when submitted to the 181
Department of Highway Safety and Moto r Vehicles to each 182
individual who comes to an office of that department to : 183
(a) An application for or a renewal of Apply for or renew 184
a driver license; 185
(b) An application for or a renewal of Apply for or renew 186
an identification card pursuant to chapter 322; or 187
(c) An application for a change of an address on an 188
existing driver license or identification card. 189
190
Unless the applicant declines to register or preregister to 191
vote, he or she is deemed to have consent ed to the use of the 192
signature from his or her driver license or identification card 193
application for voter registration purposes. 194
(2) An application for a driver license or an 195
identification card must include a voter registration component. 196
The voter registration component must be approved by the 197
Department of State. The voter registration component of a 198
driver license or identification card application must contain 199
all of the following: 200
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(a) The minimum amount of information necessary to prevent 201
duplicate voter registrations and preserve the ability of the 202
department and supervisors of elections to assess the 203
eligibility of the applicant and administer voter registration 204
and other provisions of this code. 205
(b) A statement setting forth voting eligibilit y 206
requirements. 207
(c) An explanation that the applicant is consenting to the 208
use of his or her signature from the applicant's driver license 209
or identification card application for voter registration 210
purposes. By consenting to the use of his or her signatur e, the 211
applicant is deemed to have subscribed to the oath required by 212
s. 3, Art. VI of the State Constitution and s. 97.051 and to 213
have sworn and affirmed that the voter registration information 214
contained in the application is true under penalty for false 215
swearing pursuant to s. 104.011. 216
(d) An option that allows the applicant to choose or 217
update a party affiliation; otherwise, an applicant who is 218
initially registering to vote and does not exercise such option 219
shall be registered without party affiliation in accordance with 220
s. 97.053(5)(b). 221
(e) An option that allows the applicant to decline to 222
register to vote or preregister to vote. The Department of 223
Highway Safety and Motor Vehicles shall note any such 224
declination in its records and forward the declina tion to the 225
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Department of State. Any declination may be used only for voter 226
registration purposes and is confidential and exempt from public 227
records requirements as provided in s. 97.0585. 228
(3) The Department of Highway Safety and Motor Vehicles 229
shall: 230
(a) Develop a voter registration component for 231
applications which meets the requirements set forth in 232
subsection (2). 233
(b) Electronically transmit the voter registration 234
component of an applicant's driver license or identification 235
card application to the Department of State within 24 hours 236
after receipt. Upon receipt of the voter registration component, 237
the Department of State shall provide the information to the 238
supervisor of the county in which the applicant is registering 239
or preregistering to vote or up dating his or her voter 240
registration record. 241
(2) The Department of Highway Safety and Motor Vehicles 242
shall: 243
(a) Notify each individual, orally or in writing, that: 244
1. Information gathered for the completion of a driver 245
license or identification card application, renewal, or change 246
of address can be automatically transferred to a voter 247
registration application; 248
2. If additional information and a signature are provided, 249
the voter registration application will be completed and sent to 250
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the proper election authority; 251
3. Information provided can also be used to update a voter 252
registration record; 253
4. All declinations will remain confidential and may be 254
used only for voter registration purposes; and 255
5. The particular driver license office in whic h the 256
person applies to register to vote or updates a voter 257
registration record will remain confidential and may be used 258
only for voter registration purposes. 259
(b) Require a driver license examiner to inquire orally 260
or, if the applicant is hearing impaire d, inquire in writing 261
whether the applicant wishes to register to vote or update a 262
voter registration record during the completion of a driver 263
license or identification card application, renewal, or change 264
of address. 265
1. If the applicant chooses to regis ter to vote or to 266
update a voter registration record: 267
a. All applicable information received by the Department 268
of Highway Safety and Motor Vehicles in the course of filling 269
out the forms necessary under subsection (1) must be transferred 270
to a voter registration application. 271
b. The additional necessary information must be obtained 272
by the driver license examiner and must not duplicate any 273
information already obtained while completing the forms required 274
under subsection (1). 275
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c. A voter registration appli cation with all of the 276
applicant's voter registration information required to establish 277
the applicant's eligibility pursuant to s. 97.041 must be 278
presented to the applicant to review and verify the voter 279
registration information received and provide an ele ctronic 280
signature affirming the accuracy of the information provided. 281
2. If the applicant declines to register to vote, update 282
the applicant's voter registration record, or change the 283
applicant's address by either orally declining or by failing to 284
sign the voter registration application, the Department of 285
Highway Safety and Motor Vehicles must note such declination on 286
its records and shall forward the declination to the statewide 287
voter registration system. 288
(3) For the purpose of this section, the Depart ment of 289
Highway Safety and Motor Vehicles, with the approval of the 290
Department of State, shall prescribe: 291
(a) A voter registration application that is the same in 292
content, format, and size as the uniform statewide voter 293
registration application prescribe d under s. 97.052; and 294
(b) A form that will inform applicants under subsection 295
(1) of the information contained in paragraph (2)(a). 296
(4) The Department of Highway Safety and Motor Vehicles 297
must electronically transmit completed voter registration 298
applications within 24 hours after receipt to the statewide 299
voter registration system. Completed paper voter registration 300
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applications received by the Department of Highway Safety and 301
Motor Vehicles shall be forwarded within 5 days after receipt to 302
the supervisor of the county where the office that processed or 303
received that application is located. 304
(5) The Department of Highway Safety and Mot or Vehicles 305
must send, with each driver license renewal extension 306
application authorized pursuant to s. 322.18(8), a uniform 307
statewide voter registration application, the voter registration 308
application prescribed under paragraph (3)(a), or a voter 309
registration application developed especially for the purposes 310
of this subsection by the Department of Highway Safety and Motor 311
Vehicles, with the approval of the Department of State, which 312
must meet the requirements of s. 97.052. 313
(4)(6) A person providing voter registration services for 314
a driver license office may not: 315
(a) Seek to influence an applicant's political preference 316
or party registration; 317
(b) Display any political preference or party allegiance; 318
(c) Make any statement to an applicant or take any action 319
the purpose or effect of which is to discourage the applicant 320
from registering to vote; or 321
(d) Disclose any applicant's voter registration 322
information except as needed for the administration of voter 323
registration. 324
(5)(7) The Department of Highwa y Safety and Motor Vehicles 325
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shall collect data determined necessary by the Department of 326
State for program evaluation and reporting to the Election 327
Assistance Commission pursuant to federal law. 328
(6)(8) The Department of Highway Safety and Motor Vehicles 329
shall must ensure that all voter registration services provided 330
by driver license offices are in compliance with the Voting 331
Rights Act of 1965. 332
(7)(9) The Department of Highway Safety and Motor Vehicles 333
shall retain complete records of voter registration information 334
received, processed, and submitted to the Department of State 335
statewide voter registration system by the Department of Highway 336
Safety and Motor Vehicles. The retention of such These records 337
is shall be for the explicit purpose of supporting au dit and 338
accounting controls established to ensure accurate and complete 339
electronic transmission of records between the Department of 340
State statewide voter registration system and the Department of 341
Highway Safety and Motor Vehicles. 342
(8)(10) The Department of State shall provide the 343
Department of Highway Safety and Motor Vehicles with an 344
electronic database of street addresses valid for use as the 345
address of legal residence as required in s. 97.053(5). The 346
Department of Highway Safety and Motor Vehicles sha ll compare 347
the address provided by the applicant against the database of 348
valid street addresses. If the address provided by the applicant 349
does not match a valid street address in the database, the 350
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applicant will be asked to verify the address provided. The 351
Department of Highway Safety and Motor Vehicles may shall not 352
reject any application for voter registration for which a valid 353
match cannot be made. 354
(9)(11) The Department of Highway Safety and Motor 355
Vehicles shall enter into an agreement with the depart ment to 356
match information in the statewide voter registration system 357
with information in the database of the Department of Highway 358
Safety and Motor Vehicles to the extent required to verify the 359
accuracy of the driver license number, Florida identification 360
number, or last four digits of the social security number 361
provided on applications for voter registration as required in 362
s. 97.053. 363
(10)(12) The Department of Highway Safety and Motor 364
Vehicles shall enter into an agreement with the Commissioner of 365
Social Security as required by the Help America Vote Act of 2002 366
to verify the last four digits of the social security number 367
provided in applications for voter registration as required in 368
s. 97.053. 369
(11)(13) The Department of Highway Safety and Motor 370
Vehicles must assist the Department of State in regularly 371
identifying changes in residence address on the driver license 372
or identification card of a voter. The Department of State must 373
report each such change to the appropriate supervisor of 374
elections who must cha nge the voter's registration records in 375
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accordance with s. 98.065(4). 376
Section 5. Paragraph (a) of subsection (3) of section 377
97.0575, Florida Statutes, is amended to read: 378
97.0575 Third-party voter registrations. — 379
(3)(a) A third-party voter registra tion organization that 380
collects voter registration applications serves as a fiduciary 381
to the applicant, ensuring that any voter registration 382
application entrusted to the organization, irrespective of party 383
affiliation, race, ethnicity, or gender, must be p romptly 384
delivered to the division or the supervisor of elections in the 385
county in which the applicant resides within 14 days after the 386
application was completed by the applicant, but not after 387
registration closes for the next ensuing election. A third-party 388
voter registration organization must notify the applicant at the 389
time the application is collected that the organization might 390
not deliver the application to the division or the supervisor of 391
elections in the county in which the applicant resides in less 392
than 14 days or before registration closes for the next ensuing 393
election and must advise the applicant that he or she may 394
deliver the application in person or by mail. The third -party 395
voter registration organization must also inform the applicant 396
how to register online with the division and how to determine 397
whether the application has been delivered. If a voter 398
registration application collected by any third -party voter 399
registration organization is not promptly delivered to the 400
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division or supervisor of el ections in the county in which the 401
applicant resides, the third -party voter registration 402
organization is liable for the following fines: 403
1. A fine in the amount of $50 for each application 404
received by the division or the supervisor of elections in the 405
county in which the applicant resides more than 14 days after 406
the applicant delivered the completed voter registration 407
application to the third -party voter registration organization 408
or any person, entity, or agent acting on its behalf. A fine in 409
the amount of $250 for each application received if the third -410
party voter registration organization or person, entity, or 411
agency acting on its behalf acted willfully. 412
2. A fine in the amount of $100 for each application 413
collected by a third -party voter registration organization or 414
any person, entity, or agent acting on its behalf, before book 415
closing for any given election for federal or state office and 416
received by the division or the supervisor of elections in the 417
county in which the applicant resides after the boo k-closing 418
deadline for such election. A fine in the amount of $500 for 419
each application received if the third -party registration 420
organization or person, entity, or agency acting on its behalf 421
acted willfully. 422
3. A fine in the amount of $500 for each appl ication 423
collected by a third -party voter registration organization or 424
any person, entity, or agent acting on its behalf, which is not 425
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submitted to the division or supervisor of elections in the 426
county in which the applicant resides. A fine in the amount of 427
$1,000 for any application not submitted if the third -party 428
voter registration organization or person, entity, or agency 429
acting on its behalf acted willfully. 430
431
The aggregate fine pursuant to this paragraph which may be 432
assessed against a third -party voter registration organization, 433
including affiliate organizations, for violations committed in a 434
calendar year is $1,000. 435
Section 6. Paragraph (b) of subsection (4) of section 436
98.045, Florida Statutes, is amended to read: 437
98.045 Administration of voter registration.— 438
(4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL 439
STREET ADDRESSES.— 440
(b) The department shall make the statewide database of 441
valid street addresses available to the Department of Highway 442
Safety and Motor Vehicles as provided in s. 97.057(8) s. 443
97.057(10). The Department of Highway Safety and Motor Vehicles 444
shall use the database for purposes of validating the legal 445
residential addresses provided in voter registration 446
applications received by the Department of Highway Safety and 447
Motor Vehicles. 448
Section 7. Paragraph (c) of subsection (4) of section 449
98.065, Florida Statutes, is amended to read: 450
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98.065 Registration list maintenance programs. — 451
(4) 452
(c) The supervisor must designate as inactive all voters 453
who have not voted in at least one of the last two general 454
elections, been sent an address confirmation final notice , and 455
who have not returned the postage prepaid, preaddressed return 456
form within 30 days or for which the final notice has been 457
returned as undeliverable. Names on t he inactive list may not be 458
used to calculate the number of signatures needed on any 459
petition. A voter on the inactive list may be restored to the 460
active list of voters upon the voter updating his or her 461
registration, requesting a vote -by-mail ballot, or appearing to 462
vote. However, if the voter does not update his or her voter 463
registration information, request a vote -by-mail ballot, or vote 464
by the second general election after being placed on the 465
inactive list, the voter's name shall be removed from the 466
statewide voter registration system and the voter shall be 467
required to reregister to have his or her name restored to the 468
statewide voter registration system. 469
Section 8. Paragraph (a) of subsection (7) of section 470
99.061, Florida Statutes, is amended to re ad: 471
99.061 Method of qualifying for nomination or election to 472
federal, state, county, or district office. — 473
(7)(a) In order for a candidate to be qualified, the 474
following items must be received by the filing officer by the 475
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end of the qualifying period: 476
1. A cashier's check purchased with funds of the campaign 477
account or a properly executed check drawn upon the candidate's 478
campaign account payable to the person or entity as prescribed 479
by the filing officer in an amount not less than the fee 480
required by s. 99.092, unless the candidate obtained the 481
required number of signatures on petitions pursuant to s. 482
99.095. The filing fee for a special district candidate is not 483
required to be drawn upon the candidate's campaign account. If a 484
candidate's check is retu rned by the bank for any reason, the 485
filing officer shall immediately notify the candidate and the 486
candidate shall have until the end of qualifying to pay the fee 487
with a cashier's check purchased from funds of the campaign 488
account. Failure to pay the fee a s provided in this subparagraph 489
shall disqualify the candidate. 490
2. The candidate's oath required by s. 99.021, which must 491
contain the name of the candidate as it is to appear on the 492
ballot; the office sought, including the district or group 493
number if applicable; and the signature of the candidate, which 494
must be verified under oath or affirmation pursuant to s. 495
92.525(1)(a). 496
3. If the office sought is partisan, the written statement 497
of political party affiliation required by s. 99.021(1)(b); or 498
if the candidate is running without party affiliation for a 499
partisan office, the written statement required by s. 500
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99.021(1)(c). 501
4. The completed form for the appointment of campaign 502
treasurer and designation of campaign depository, as required by 503
s. 106.021. 504
5. The full and public disclosure or statement of 505
financial interests required by subsection (5). A public officer 506
who has filed the full and public disclosure or statement of 507
financial interests with the Commission on Ethics or the 508
supervisor before of elections prior to qualifying for office 509
may file a copy of that disclosure at the time of qualifying. 510
Section 9. Subsection (2) of section 100.111, Florida 511
Statutes, is amended to read: 512
100.111 Filling vacancy. — 513
(2) Whenever there is a vacancy for whi ch a special 514
election is required pursuant to s. 100.101, the Governor, after 515
consultation with the Secretary of State and the supervisor of 516
elections of any affected county , shall fix the dates of a 517
special primary election and a special election. Nominee s of 518
political parties shall be chosen under the primary laws of this 519
state in the special primary election to become candidates in 520
the special election. Before Prior to setting the special 521
election dates, the Governor shall consider any upcoming 522
elections in the jurisdiction where the special election will be 523
held and, in the event of a vacancy in a state legislative 524
office, limit the period of any such vacancy during a regular 525
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
legislative session to the greatest extent possible in fixing 526
such dates. Notwithstanding the foregoing, any special election 527
may not be held later than 180 days after a vacancy has 528
occurred. The dates fixed by the Governor must shall be specific 529
days certain and may shall not be established by the happening 530
of a condition or stated in the alternative. The dates fixed 531
must shall provide a minimum of 10 2 weeks between each 532
election. In the event a vacancy occurs in the office of state 533
senator or member of the House of Representatives when the 534
Legislature is in regular legislative sess ion, the minimum times 535
prescribed by this subsection may be waived upon concurrence of 536
the Governor, the Speaker of the House of Representatives, and 537
the President of the Senate. If a vacancy occurs in the office 538
of state senator and no session of the Legi slature is scheduled 539
to be held before prior to the next general election, the 540
Governor may fix the dates for the special primary election and 541
for the special election to coincide with the dates of the 542
primary election and general election. If a vacancy in office 543
occurs in any district in the state Senate or House of 544
Representatives or in any congressional district, and no session 545
of the Legislature, or session of Congress if the vacancy is in 546
a congressional district, is scheduled to be held during the 547
unexpired portion of the term, the Governor is not required to 548
call a special election to fill such vacancy. 549
(a) The dates for candidates to qualify in such special 550
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election or special primary election must shall be fixed by the 551
Department of State, and can didates must shall qualify no not 552
later than noon of the last day so fixed. The dates fixed for 553
qualifying must shall allow a minimum of 14 days between the 554
last day of qualifying and the special primary election. 555
(b) The filing of campaign expense state ments by 556
candidates in such special elections or special primaries and by 557
committees making contributions or expenditures to influence the 558
results of such special primaries or special elections must 559
shall be no not later than such dates as shall be fixed by the 560
Department of State, and in fixing such dates the Department of 561
State shall take into consideration and be governed by the 562
practical time limitations. 563
(c) The dates for a candidate to qualify by the petition 564
process pursuant to s. 99.095 in such sp ecial primary or special 565
election must shall be fixed by the Department of State. In 566
fixing such dates the Department of State shall take into 567
consideration and be governed by the practical time limitations. 568
Any candidate seeking to qualify by the petition process in a 569
special primary election must shall obtain 25 percent of the 570
signatures required by s. 99.095. 571
(d) The qualifying fees and party assessments of such 572
candidates as may qualify must shall be the same as collected 573
for the same office at the la st previous primary for that 574
office. The party assessment must shall be paid to the 575
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appropriate executive committee of the political party to which 576
the candidate belongs. 577
(e) Each county canvassing board shall make as speedy a 578
return of the result of such special primary elections and 579
special elections as time will permit, and the Elections 580
Canvassing Commission likewise shall make as speedy a canvass 581
and declaration of the nominees as time will permit. 582
Section 10. Subsection (1) of section 100.141 , Florida 583
Statutes, is amended to read: 584
100.141 Notice of special election to fill any vacancy in 585
office.— 586
(1) Whenever a special election is required to fill any 587
vacancy in office, the Governor, after consultation with the 588
Secretary of State and the supervisor of elections of any 589
affected county, shall issue an order declaring on what day the 590
election shall be held and deliver the order to the Department 591
of State. The Governor shall issue the order within 14 calendar 592
days after the occurrence of the va cancy or, for vacancies 593
arising due to a resignation under s. 99.012, within 14 calendar 594
days after submittal of the written resignation to the Governor, 595
whichever is sooner. 596
Section 11. Paragraph (a) of subsection (7) of section 597
100.371, Florida Statu tes, is amended, and paragraph (c) is 598
added to that subsection, to read: 599
100.371 Initiatives; procedure for placement on ballot. — 600
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(7)(a) A sponsor that collects petition forms or uses a 601
petition circulator to collect petition forms serves as a 602
fiduciary to the elector signing the petition form, ensuring 603
that any petition form entrusted to the petition circulator 604
shall be promptly delivered to the supervisor of elections 605
within 30 days after the elector signs the form. 606
(a) If a petition form collected by any petition 607
circulator is not promptly delivered to the supervisor of 608
elections, the sponsor is liable for the following fines: 609
1. A fine in the amount of $50 for each petition form 610
received by the supervisor of elections more than 30 days after 611
the elector signed the petition form or the next business day, 612
if the office is closed. A fine in the amount of $250 for each 613
petition form received if the sponsor or petition circulator 614
acted willfully. 615
2. A fine in the amount of $500 for each petition form 616
collected by a petition circulator which is not submitted to the 617
supervisor of elections. A fine in the amount of $1,000 for any 618
petition form not submitted if the sponsor or petition 619
circulator acted willfully. 620
(c) A sponsor shall deliver petition form s to the 621
supervisor grouped in batches by the petition circulator who 622
collected them. 623
Section 12. Section 100.51, Florida Statutes, is created 624
to read: 625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
100.51 General Election Day paid holiday. —In order to 626
encourage civic participation, enable more individuals to serve 627
as poll workers, and provide additional time for the resolution 628
of any issues that arise while an elector is casting his or her 629
vote, General Election Day is a paid holiday. An elector is 630
entitled to absent himself or herself from any service or 631
employment in which he or she is engaged or employed during the 632
time the polls are open on General Election Day. An elector who 633
absents himself or herself under this section may not be 634
penalized in any way and a deduction may not be made from hi s or 635
her usual salary or wages on account of his or her absence. 636
Section 13. Section 101.016, Florida Statutes, is created 637
to read: 638
101.016 Strategic elections equipment reserve. —The 639
Division of Elections shall maintain a strategic elections 640
equipment reserve of voting systems that may be deployed in the 641
event of an emergency as defined in s. 101.732 or upon the 642
occurrence of equipment capacity issues due to unexpected voter 643
turnout. The reserve shall include tabulation equipment and any 644
other necessary equipment, including, but not limited to, 645
printers, which are in use by each supervisor of elections. In 646
lieu of maintaining a physical reserve of such equipment, the 647
division may contract with a vendor of voting equipment that 648
shall provide such equipm ent on an as-needed basis. 649
Section 14. Subsections (1) and (2) of section 101.048, 650
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Florida Statutes, are amended to read: 651
101.048 Provisional ballots. — 652
(1) At all elections, a voter claiming to be properly 653
registered in the state and eligible to vo te at the precinct in 654
the election but whose eligibility cannot be determined, a 655
person whom an election official asserts is not eligible, and 656
other persons specified in the code shall be entitled to vote a 657
provisional ballot at any precinct in the county in which the 658
voter claims to be registered . Once voted, the provisional 659
ballot shall be placed in a secrecy envelope and thereafter 660
sealed in a provisional ballot envelope. The provisional ballot 661
shall be deposited in a ballot box. All provisional ballots 662
shall remain sealed in their envelopes for return to the 663
supervisor of elections. The department shall prescribe the form 664
of the provisional ballot envelope. A person casting a 665
provisional ballot shall have the right to present written 666
evidence supporting his or her eligibility to vote to the 667
supervisor of elections by not later than 5 p.m. on the second 668
day following the election. 669
(2)(a) The county canvassing board shall examine each 670
Provisional Ballot Voter's Certificate and Affirmation to 671
determine if the person voting that ballot was entitled to vote 672
in the county in which at the precinct where the person cast a 673
vote in the election and that the person had not already cast a 674
ballot in the election. In determining whether a person casting 675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a provisional ballot is entitled to vote, the county canvassing 676
board shall review the information provided in the Voter's 677
Certificate and Affirmation, written evidence provided by the 678
person pursuant to subsection (1), information provided in any 679
cure affidavit and acc ompanying supporting documentation 680
pursuant to subsection (6), any other evidence presented by the 681
supervisor, and, in the case of a challenge, any evidence 682
presented by the challenger. A ballot of a person casting a 683
provisional ballot shall be canvassed p ursuant to paragraph (b) 684
unless the canvassing board determines by a preponderance of the 685
evidence that the person was not entitled to vote. 686
(b) If it is determined that the person was registered and 687
entitled to vote in the county in which at the precinct where 688
the person cast a vote in the election, the canvassing board 689
must compare the signature on the Provisional Ballot Voter's 690
Certificate and Affirmation or the provisional ballot cure 691
affidavit with the signature on the voter's registration or 692
precinct register. A provisional ballot may be counted only if: 693
1. The signature on the voter's certificate or the cure 694
affidavit matches the elector's signature in the registration 695
books or the precinct register; however, in the case of a cure 696
affidavit, the supporting identification listed in subsection 697
(6) must also confirm the identity of the elector; or 698
2. The cure affidavit contains a signature that does not 699
match the elector's signature in the registration books or the 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
precinct register, but the elector has submitted a current and 701
valid Tier 1 form of identification confirming his or her 702
identity pursuant to subsection (6). 703
704
For purposes of this paragraph, any canvassing board finding 705
that signatures do not match must be by majority vote and beyond 706
a reasonable doubt. 707
(c) Any provisional ballot not counted must remain in the 708
envelope containing the Provisional Ballot Voter's Certificate 709
and Affirmation and the envelope shall be marked "Rejected as 710
Illegal." 711
(d) If a provisional ballot is validated fol lowing the 712
submission of a cure affidavit, the supervisor must make a copy 713
of the affidavit, affix it to a voter registration application, 714
and immediately process it as a valid request for a signature 715
update pursuant to s. 98.077. 716
Section 15. Paragraph (a) of subsection (2) and paragraph 717
(a) of subsection (3) of section 101.151, Florida Statutes, are 718
amended to read: 719
101.151 Specifications for ballots. — 720
(2)(a) The ballot must include the following office titles 721
above the names of the candidates for the respective offices in 722
the following order: 723
1. The office titles of President and Vice President above 724
the randomly ordered names of the candidates for President and 725
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Vice President of the United States nominated by the political 726
party that received th e highest vote for Governor in the last 727
general election of the Governor in this state, followed by the 728
names of other candidates for President and Vice President of 729
the United States who have been properly nominated. 730
2. The office titles of United State s Senator and 731
Representative in Congress. 732
3. The office titles of Governor and Lieutenant Governor; 733
Attorney General; Chief Financial Officer; Commissioner of 734
Agriculture; Secretary of State; State Attorney, with the 735
applicable judicial circuit; and Publ ic Defender, with the 736
applicable judicial circuit. 737
4. The office titles of State Senator and State 738
Representative, with the applicable district for the office 739
printed beneath. 740
5. The office titles of Clerk of the Circuit Court or, 741
when the Clerk of the Circuit Court also serves as the County 742
Comptroller, Clerk of the Circuit Court and Comptroller, when 743
authorized by law; Clerk of the County Court, when authorized by 744
law; Sheriff; Property Appraiser; Tax Collector; District 745
Superintendent of Schools; and Supervisor of Elections. 746
6. The office titles of Board of County Commissioners, 747
with the applicable district printed beneath each office, and 748
such other county and district offices as are involved in the 749
election, in the order fixed by the Department of State, 750
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followed, in the year of their election, by "Party Offices," and 751
thereunder the offices of state and county party executive 752
committee members. 753
(3)(a) The names of the candidates of the party that 754
received the highest number of votes for Governor in the last 755
election in which a Governor was elected shall be ordered 756
randomly placed first for each office on the general election 757
ballot, together with an appropriate abbreviation of the party 758
name; the names of the candidates of the party that received the 759
second highest vote for Governor shall be placed second for each 760
office, together with an appropriate abbreviation of the party 761
name. 762
Section 16. Subsection (6) is added to section 101.5612, 763
Florida Statutes, to read: 764
101.5612 Testing of tabulati ng equipment.— 765
(6) The supervisor of elections shall annually file with 766
the Secretary of State a detailed plan for operations in the 767
event that maximum voter turnout occurs on election day and a 768
recount is required in each race on a ballot. 769
Section 17. Paragraph (a) of subsection (1), subsection 770
(2), and paragraph (c) of subsection (4) of section 101.62, 771
Florida Statutes, are amended and subsection (8) is added to 772
that section, to read: 773
101.62 Request for vote -by-mail ballots.— 774
(1)(a) The supervisor shall accept a request for a vote -775
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
by-mail ballot from an elector in person or in writing. One 776
request is deemed sufficient to receive a vote -by-mail ballot 777
for all elections until the elector or the elector's designee 778
notifies the supervisor tha t the elector cancels such request 779
through the end of the calendar year of the next regularly 780
scheduled general election , unless the elector or the elector's 781
designee indicates at the time the request is made the elections 782
within such period for which the elector desires to receive a 783
vote-by-mail ballot. Such request may be considered canceled 784
when any first-class mail sent by the supervisor to the elector 785
is returned as undeliverable. 786
(2) A request for a vote -by-mail ballot to be mailed to a 787
voter must be received no later than 5 p.m. on the 11th 10th day 788
before the election by the supervisor. The supervisor shall mail 789
vote-by-mail ballots to voters requesting ballots by such 790
deadline no later than 8 days before the election. 791
(4) 792
(c) The supervisor sha ll provide a vote-by-mail ballot to 793
each elector by whom a request for that ballot has been made by 794
one of the following means: 795
1. By nonforwardable, return -if-undeliverable mail to the 796
elector's current mailing address on file with the supervisor or 797
any other address the elector specifies in the request. 798
2. By forwardable mail, e -mail, or facsimile machine 799
transmission to absent uniformed services voters and overseas 800
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voters. The absent uniformed services voter or overseas voter 801
may designate in the vot e-by-mail ballot request the preferred 802
method of transmission. If the voter does not designate the 803
method of transmission, the vote -by-mail ballot shall be mailed. 804
3. By personal delivery before 7 p.m. on election day to 805
the elector, upon presentation of the identification required in 806
s. 101.043. 807
4. By delivery to a designee on election day or up to 11 9 808
days before the day of an election. Any elector may designate in 809
writing a person to pick up the ballot for the elector ; however, 810
the person designated may not pick up more than two vote -by-mail 811
ballots per election, other than the designee's own ballot, 812
except that additional ballots may be picked up for members of 813
the designee's immediate family. For purposes of this section, 814
"immediate family" means t he designee's spouse or the parent, 815
child, grandparent, grandchild, or sibling of the designee or of 816
the designee's spouse. The designee shall provide to the 817
supervisor the written authorization by the elector and a 818
picture identification of the designee a nd must complete an 819
affidavit. The designee shall state in the affidavit that the 820
designee is authorized by the elector to pick up that ballot and 821
shall indicate if the elector is a member of the designee's 822
immediate family and, if so, the relationship. Th e department 823
shall prescribe the form of the affidavit. If the supervisor is 824
satisfied that the designee is authorized to pick up the ballot 825
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and that the signature of the elector on the written 826
authorization matches the signature of the elector on file, th e 827
supervisor shall give the ballot to that designee for delivery 828
to the elector. 829
5. Except as provided in s. 101.655, the supervisor may 830
not deliver a vote-by-mail ballot to an elector or an elector's 831
immediate family member on the day of the election un less there 832
is an emergency, to the extent that the elector will be unable 833
to go to his or her assigned polling place. If a vote -by-mail 834
ballot is delivered, the elector or his or her designee shall 835
execute an affidavit affirming to the facts which allow fo r 836
delivery of the vote -by-mail ballot. The department shall adopt 837
a rule providing for the form of the affidavit. 838
(8) If a deadline under this section falls on a day when 839
the office of the supervisor is usually closed, the deadline 840
shall be extended unti l the next business day. 841
Section 18. Paragraph (a) of subsection (1) and subsection 842
(2) of section 101.64, Florida Statutes, are amended to read: 843
101.64 Delivery of vote -by-mail ballots; envelopes; form. — 844
(1)(a) The supervisor shall enclose with ea ch vote-by-mail 845
ballot two envelopes: a secrecy envelope, into which the absent 846
elector shall enclose his or her marked ballot; and a postage 847
paid mailing envelope, into which the absent elector shall then 848
place the secrecy envelope, which shall be address ed to the 849
supervisor and also bear on the back side a certificate in 850
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substantially the following form: 851
Note: Please Read Instructions Carefully Before 852
Marking Ballot and Completing Voter's Certificate. 853
VOTER'S CERTIFICATE 854
I, ...., do solemnly swear or aff irm that I am a qualified 855
and registered voter of .... County, Florida, and that I have 856
not and will not vote more than one ballot in this election. I 857
understand that if I commit or attempt to commit any fraud in 858
connection with voting, vote a fraudulent b allot, or vote more 859
than once in an election, I can be convicted of a felony of the 860
third degree and fined up to $5,000 and/or imprisoned for up to 861
5 years. I also understand that failure to sign this certificate 862
will invalidate my ballot. 863
...(Date)... 864
...(Voter's Signature or Last Four Digits of Social Security 865
Number)... 866
...(E-Mail Address)... ...(Home Telephone Number)... 867
...(Mobile Telephone Number)... 868
(2) The certificate shall be arranged on the back of the 869
mailing envelope so that the line for the signature or last four 870
digits of the social security number of the absent elector is 871
across the seal of the envelope; however, no statement shall 872
appear on the envelope which indicates that a signature or the 873
last four digits of the social security number of the voter must 874
cross the seal of the envelope. The absent elector shall execute 875
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the certificate on the envelope. 876
Section 19. Section 101.65, Florida Statutes, is amended 877
to read: 878
101.65 Instructions to absent electors. —The supervisor 879
shall enclose with each vote-by-mail ballot separate printed 880
instructions in substantially the following form; however, where 881
the instructions appear in capitalized text, the text of the 882
printed instructions must be in bold font: 883
READ THESE INSTRUCTIONS CAREFULLY 884
BEFORE MARKING BALLOT. 885
1. VERY IMPORTANT. In order to ensure that your vote -by-886
mail ballot will be counted, it should be completed and returned 887
as soon as possible so that it can reach the supervisor of 888
elections of the county in which your precinct is locate d no 889
later than 7 p.m. on the day of the election. However, if you 890
are an overseas voter casting a ballot in a presidential 891
preference primary or general election, your vote -by-mail ballot 892
must be postmarked or dated no later than the date of the 893
election and received by the supervisor of elections of the 894
county in which you are registered to vote no later than 10 days 895
after the date of the election. Note that the later you return 896
your ballot, the less time you will have to cure any signature 897
deficiencies, which may cause your ballot to not be counted is 898
authorized until 5 p.m. on the 2nd day after the election . 899
2. Mark your ballot in secret as instructed on the ballot. 900
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You must mark your own ballot unless you are unable to do so 901
because of blindness, disability, or inability to read or write. 902
3. Mark only the number of candidates or issue choices for 903
a race as indicated on the ballot. If you are allowed to "Vote 904
for One" candidate and you vote for more than one candidate, 905
your vote in that race will not be counted. 906
4. Place your marked ballot in the enclosed secrecy 907
envelope. 908
5. Insert the secrecy envelope into the enclosed mailing 909
envelope which is addressed to the supervisor. 910
6. Seal the mailing envelope and completely fill out the 911
Voter's Certificate on the back of the mailing envelope. 912
7. VERY IMPORTANT. In order for your vote -by-mail ballot 913
to be counted, you must sign your name or print the last four 914
digits of your social security number on the line above (Voter's 915
Signature or Last Four Digits of Social Security Number ). A 916
vote-by-mail ballot will be considered illegal and not be 917
counted if the signature or the last four digits of the social 918
security number on the voter's certificate does not match the 919
signature or social security number on record. The signature on 920
file at the time the supervisor of elections in the county in 921
which your precinct is located receives your vote -by-mail ballot 922
is the signature that will be used to verify your signature on 923
the voter's certificate. If you need to update your signature 924
for this election, send your signature update on a voter 925
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
registration application to your supervisor of elections so that 926
it is received before your vote -by-mail ballot is received . 927
8. VERY IMPORTANT. If you are an overseas voter, you must 928
include the date you signed the Voter's Certificate or printed 929
the last four digits of your social security number on the line 930
above (Date) or your ballot may not be counted. 931
9. Mail, deliver, or have delivered the completed mailing 932
envelope. Be sure there is sufficient postage if mailed. THE 933
COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE 934
SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS 935
LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX, 936
AVAILABLE AT EACH EAR LY VOTING LOCATION. 937
10. FELONY NOTICE. It is a felony under Florida law to 938
accept any gift, payment, or gratuity in exchange for your vote 939
for a candidate. It is also a felony under Florida law to vote 940
in an election using a false identity or false addre ss, or under 941
any other circumstances making your ballot false or fraudulent. 942
Section 20. Subsection (1), paragraph (c) of subsection 943
(2), and paragraphs (a), (b), (c), and (d) of subsection (4) of 944
section 101.68, Florida Statutes, are amended to read: 945
101.68 Canvassing of vote -by-mail ballot.— 946
(1) The supervisor of the county where the absent elector 947
resides shall receive the voted ballot, at which time the 948
supervisor shall compare the signature or partial social 949
security number of the elector on th e voter's certificate with 950
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the signature or partial social security number of the elector 951
in the registration books or the precinct register to determine 952
whether the elector is duly registered in the county and must 953
record on the elector's registration rec ord that the elector has 954
voted. During the signature comparison process, the supervisor 955
may not use any knowledge of the political affiliation of the 956
voter whose signature is subject to verification. An elector who 957
dies after casting a vote -by-mail ballot but on or before 958
election day shall remain listed in the registration books until 959
the results have been certified for the election in which the 960
ballot was cast. The supervisor shall safely keep the ballot 961
unopened in his or her office until the county canv assing board 962
canvasses the vote. Except as provided in subsection (4), after 963
a vote-by-mail ballot is received by the supervisor, the ballot 964
is deemed to have been cast, and changes or additions may not be 965
made to the voter's certificate. 966
(2) 967
(c)1. The canvassing board must, if the supervisor has not 968
already done so, compare the signature or partial social 969
security number of the elector on the voter's certificate or on 970
the vote-by-mail ballot cure affidavit as provided in subsection 971
(4) with the signatur e or partial social security number of the 972
elector in the registration books or the precinct register to 973
see that the elector is duly registered in the county and to 974
determine the legality of that vote -by-mail ballot. A vote-by-975
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mail ballot may only be coun ted if: 976
a. The signature or partial social security number on the 977
voter's certificate or the cure affidavit matches the elector's 978
signature or partial social security number in the registration 979
books or precinct register; however, in the case of a cure 980
affidavit, the supporting identification listed in subsection 981
(4) must also confirm the identity of the elector; or 982
b. The cure affidavit contains a signature or partial 983
social security number that does not match the elector's 984
signature or partial social security number in the registration 985
books or precinct register, but the elector has submitted a 986
current and valid Tier 1 identification pursuant to subsection 987
(4) which confirms the identity of the elector. 988
989
For purposes of this subparagraph, any canvassin g board finding 990
that an elector's signatures or partial social security numbers 991
do not match must be by majority vote and beyond a reasonable 992
doubt. 993
2. The ballot of an elector who casts a vote -by-mail 994
ballot shall be counted even if the elector dies on or before 995
election day, as long as, before the death of the voter, the 996
ballot was postmarked by the United States Postal Service, date -997
stamped with a verifiable tracking number by a common carrier, 998
or already in the possession of the supervisor. 999
3. A vote-by-mail ballot is not considered illegal if the 1000
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signature or partial social security number of the elector does 1001
not cross the seal of the mailing envelope. 1002
4. If any elector or candidate present believes that a 1003
vote-by-mail ballot is illegal due to a d efect apparent on the 1004
voter's certificate or the cure affidavit, he or she may, at any 1005
time before the ballot is removed from the envelope, file with 1006
the canvassing board a protest against the canvass of that 1007
ballot, specifying the precinct, the voter's ce rtificate or the 1008
cure affidavit, and the reason he or she believes the ballot to 1009
be illegal. A challenge based upon a defect in the voter's 1010
certificate or cure affidavit may not be accepted after the 1011
ballot has been removed from the mailing envelope. 1012
4.5. If the canvassing board determines that a ballot is 1013
illegal, a member of the board must, without opening the 1014
envelope, mark across the face of the envelope: "rejected as 1015
illegal." The cure affidavit, if applicable, the envelope, and 1016
the ballot therein sh all be preserved in the manner that 1017
official ballots are preserved. 1018
(4)(a) As soon as practicable, the supervisor shall, on 1019
behalf of the county canvassing board, attempt to notify an 1020
elector who has returned a vote -by-mail ballot that does not 1021
include the elector's signature or partial social security 1022
number or contains a signature or partial social security number 1023
that does not match the elector's signature or partial social 1024
security number in the registration books or precinct register 1025
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by: 1026
1. Notifying the elector of the signature or partial 1027
social security number deficiency by e-mail and directing the 1028
elector to the cure affidavit and instructions on the 1029
supervisor's website; 1030
2. Notifying the elector of the signature or partial 1031
social security numb er deficiency by text message and directing 1032
the elector to the cure affidavit and instructions on the 1033
supervisor's website; or 1034
3. Notifying the elector of the signature or partial 1035
social security number deficiency by telephone and directing the 1036
elector to the cure affidavit and instructions on the 1037
supervisor's website. 1038
1039
In addition to the notification required under subparagraph 1., 1040
subparagraph 2., or subparagraph 3., the supervisor must notify 1041
the elector of the signature or partial social security numb er 1042
deficiency by first-class mail and direct the elector to the 1043
cure affidavit and instructions on the supervisor's website. 1044
Beginning the day before the election, the supervisor is not 1045
required to provide notice of the signature deficiency by first -1046
class mail, but shall continue to provide notice as required 1047
under subparagraph 1., subparagraph 2., or subparagraph 3. 1048
(b) The supervisor shall allow such an elector to complete 1049
and submit an affidavit in order to cure the vote -by-mail ballot 1050
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until 5 p.m. on the 2nd day after the election. 1051
(c) The elector must complete a cure affidavit in 1052
substantially the following form: 1053
VOTE-BY-MAIL BALLOT CURE AFFIDAVIT 1054
I, ...., am a qualified voter in this election and 1055
registered voter of .... County, Florida. I do solemnly swear or 1056
affirm that I requested and returned the vote -by-mail ballot and 1057
that I have not and will not vote more than one ballot in this 1058
election. I understand that if I commit or attempt any fraud in 1059
connection with voting, vote a fraudulent ball ot, or vote more 1060
than once in an election, I may be convicted of a felony of the 1061
third degree and fined up to $5,000 and imprisoned for up to 5 1062
years. I understand that my failure to sign this affidavit means 1063
that my vote-by-mail ballot will be invalidated . 1064
...(Voter's Signature or Last Four Digits of Social Security 1065
Number)... 1066
...(Address)... 1067
(d) Instructions must accompany the cure affidavit in 1068
substantially the following form: 1069
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 1070
AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 1071
BALLOT NOT TO COUNT. 1072
1. In order to ensure that your vote -by-mail ballot will 1073
be counted, your affidavit should be completed and returned as 1074
soon as possible so that it can reach the supervisor of 1075
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elections of the county in which your precinct is located no 1076
later than 5 p.m. on the 2nd day after the election. 1077
2. You must sign your name or print the last four digits 1078
of your social security number on the line above (Voter's 1079
Signature or Last Four Digits of Socia l Security Number). 1080
3. You must make a copy of one of the following forms of 1081
identification: 1082
a. Tier 1 identification. —Current and valid identification 1083
that includes your name and photograph: Florida driver license; 1084
Florida identification card issued b y the Department of Highway 1085
Safety and Motor Vehicles; United States passport; debit or 1086
credit card; military identification; student identification; 1087
retirement center identification; neighborhood association 1088
identification; public assistance identificatio n; veteran health 1089
identification card issued by the United States Department of 1090
Veterans Affairs; a Florida license to carry a concealed weapon 1091
or firearm; or an employee identification card issued by any 1092
branch, department, agency, or entity of the Federa l Government, 1093
the state, a county, or a municipality; or 1094
b. Tier 2 identification. —ONLY IF YOU DO NOT HAVE A TIER 1 1095
FORM OF IDENTIFICATION, identification that shows your name and 1096
current residence address: current utility bill, bank statement, 1097
government check, paycheck, or government document (excluding 1098
voter information card). 1099
4. Place the envelope bearing the affidavit into a mailing 1100
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envelope addressed to the supervisor. Insert a copy of your 1101
identification in the mailing envelope. Mail (if time per mits), 1102
deliver, or have delivered the completed affidavit along with 1103
the copy of your identification to your county supervisor of 1104
elections. Be sure there is sufficient postage if mailed and 1105
that the supervisor's address is correct. Remember, your 1106
information MUST reach your county supervisor of elections no 1107
later than 5 p.m. on the 2nd day after the election, or your 1108
ballot will not count. 1109
5. Alternatively, you may fax or e -mail your completed 1110
affidavit and a copy of your identification to the supervisor of 1111
elections. If e-mailing, please provide these documents as 1112
attachments. 1113
Section 21. Section 101.6952, Florida Statutes, is amended 1114
to read: 1115
101.6952 Vote-by-mail ballots for absent uniformed 1116
services and overseas voters.— 1117
(1) If an absent uniformed services voter's or an overseas 1118
voter's request for an official vote -by-mail ballot pursuant to 1119
s. 101.62 includes an e -mail address, the supervisor of 1120
elections shall: 1121
(a) Record the voter's e -mail address in the vote -by-mail 1122
ballot record; 1123
(b) Confirm by e-mail that the vote-by-mail ballot request 1124
was received and include in that e -mail the estimated date the 1125
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vote-by-mail ballot will be sent to the voter; and 1126
(c) Notify the voter by e -mail when the voted vote -by-mail 1127
ballot is received by the s upervisor of elections. 1128
(2)(a) An absent uniformed services voter or an overseas 1129
voter who makes timely application for but does not receive an 1130
official vote-by-mail ballot may use the federal write -in 1131
absentee ballot to vote in any federal, state, or lo cal 1132
election. 1133
(b)1. In an election for federal office, an elector may 1134
designate a candidate by writing the name of a candidate on the 1135
ballot. Except for a primary or special primary election, the 1136
elector may alternatively designate a candidate by writing the 1137
name of a political party on the ballot. A written designation 1138
of the political party shall be counted as a vote for the 1139
candidate of that party if there is such a party candidate in 1140
the race. 1141
2. In a state or local election, an elector may vote in 1142
the section of the federal write -in absentee ballot designated 1143
for nonfederal races by writing on the ballot the title of each 1144
office and by writing on the ballot the name of the candidate 1145
for whom the elector is voting. Except for a primary, special 1146
primary, or nonpartisan election, the elector may alternatively 1147
designate a candidate by writing the name of a political party 1148
on the ballot. A written designation of the political party 1149
shall be counted as a vote for the candidate of that party if 1150
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there is such a party candidate in the race. In addition, the 1151
elector may vote on any ballot measure presented in such 1152
election by identifying the ballot measure on which he or she 1153
desires to vote and specifying his or her vote on the measure. 1154
For purposes of this sec tion, a vote cast in a judicial merit 1155
retention election shall be treated in the same manner as a 1156
ballot measure in which the only allowable responses are "Yes" 1157
or "No." 1158
(c) In the case of a joint candidacy, such as for the 1159
offices of President/Vice Pres ident or Governor/Lieutenant 1160
Governor, a valid vote for one or both qualified candidates on 1161
the same ticket shall constitute a vote for the joint candidacy. 1162
(d) For purposes of this subsection and except when the 1163
context clearly indicates otherwise, such as when a candidate in 1164
the election is affiliated with a political party whose name 1165
includes the word "Independent," "Independence," or a similar 1166
term, a voter designation of "No Party Affiliation" or 1167
"Independent," or any minor variation, misspelling, or 1168
abbreviation thereof, shall be considered a designation for the 1169
candidate, other than a write -in candidate, who qualified to run 1170
in the race with no party affiliation. If more than one 1171
candidate qualifies to run as a candidate with no party 1172
affiliation, the designation may not count for any candidate 1173
unless there is a valid, additional designation of the 1174
candidate's name. 1175
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(e) Any abbreviation, misspelling, or other minor 1176
variation in the form of the name of an office, the name of a 1177
candidate, the ballot measure, or the name of a political party 1178
must be disregarded in determining the validity of the ballot. 1179
(3)(a) An absent uniformed services voter or an overseas 1180
voter who submits a federal write -in absentee ballot and later 1181
receives an official vote -by-mail ballot may submit the official 1182
vote-by-mail ballot. An elector who submits a federal write -in 1183
absentee ballot and later receives and submits an official vote -1184
by-mail ballot should make every reasonable effort to inform the 1185
appropriate supervisor of el ections that the elector has 1186
submitted more than one ballot. 1187
(b) A federal write-in absentee ballot may not be 1188
canvassed until 7 p.m. on the day of the election. A federal 1189
write-in absentee ballot from an absent overseas voter in a 1190
presidential preferenc e primary or general election may not be 1191
canvassed until the conclusion of the 10 -day period specified in 1192
subsection (5). Each federal write -in absentee ballot received 1193
by 7 p.m. on the day of the election shall be canvassed pursuant 1194
to ss. 101.5614(4) and 101.68, unless the elector's official 1195
vote-by-mail ballot is received by 7 p.m. on election day. Each 1196
federal write-in absentee ballot from an absent overseas voter 1197
in a presidential preference primary or general election 1198
received by 10 days after the dat e of the election shall be 1199
canvassed pursuant to ss. 101.5614(4) and 101.68, unless the 1200
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absent overseas voter's official vote -by-mail ballot is received 1201
by 10 days after the date of the election. If the elector's 1202
official vote-by-mail ballot is received by 7 p.m. on election 1203
day, or, for an overseas voter in a presidential preference 1204
primary or general election, no later than 10 days after the 1205
date of the election, the federal write -in absentee ballot is 1206
invalid and the official vote -by-mail ballot shall be canvassed. 1207
The time shall be regulated by the customary time in standard 1208
use in the county seat of the locality. 1209
(4) For vote-by-mail ballots received from absent 1210
uniformed services voters or overseas voters, there is a 1211
presumption that the envelope was mailed on the date stated on 1212
the outside of the return envelope, regardless of the absence of 1213
a postmark on the mailed envelope or the existence of a postmark 1214
date that is later than the date of the ele ction. 1215
(5) A vote-by-mail ballot from an absent overseas voter in 1216
any presidential preference primary or general election which is 1217
postmarked or dated no later than the date of the election and 1218
is received by the supervisor of elections of the county in 1219
which the overseas voter is registered no later than 10 da ys 1220
after the date of the election shall be counted as long as the 1221
vote-by-mail ballot is otherwise proper. 1222
Section 22. Subsection (6) is added to section 101.71, 1223
Florida Statutes, to read: 1224
101.71 Polling place. — 1225
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(6) A polling place may not be locat ed within a gated 1226
community unless the legal residence of every elector in the 1227
precinct is within such gated community. 1228
Section 24. Paragraph (f) is added to subsection (4) of 1229
section 102.031, Florida Statutes, and subsection (6) is added 1230
to that section to read: 1231
102.031 Maintenance of good order at polls; authorities; 1232
persons allowed in polling rooms and early voting areas; 1233
unlawful solicitation of voters. — 1234
(4) 1235
(f) A person may provide food, water, and other items to 1236
voters standing in line to vote o utside of the no-solicitation 1237
zone. 1238
(6) Bullhorns or other devices used to amplify sound are 1239
prohibited in close proximity to: 1240
(a) A polling place during voting hours. 1241
(b) An office of the supervisor during a recount. 1242
Section 23. Subsection (2) o f section 102.111, Florida 1243
Statutes, is amended to read: 1244
102.111 Elections Canvassing Commission. — 1245
(2) The Elections Canvassing Commission shall meet at 9 1246
a.m. on the 9th day after a primary election to certify the 1247
returns for each federal, state, and multicounty office. The 1248
commission shall meet and at 9 a.m. on the 14th day after a 1249
general election to certify the returns of the election for each 1250
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federal, state, and multicounty office. The commission shall 1251
meet at 9 a.m. on the 21st day after a general election to 1252
certify the returns for each federal and state office. If a 1253
member of a county canvassing board that was constituted 1254
pursuant to s. 102.141 determines, within 5 days after the 1255
certification by the Elections Canvassing Commission, that a 1256
typographical error occurred in the official returns of the 1257
county, the correction of which could result in a change in the 1258
outcome of an election, the county canvassing board must certify 1259
corrected returns to the Department of State within 24 hours, 1260
and the Elections Canvassing Commission must correct and 1261
recertify the election returns as soon as practicable. 1262
Section 24. Subsection (2) of section 102.112, Florida 1263
Statutes, is amended to read: 1264
102.112 Deadline for submission of county returns to the 1265
Department of State.— 1266
(2) Returns must be filed by 5 p.m. on the 7th day 1267
following a primary election , and by noon on the 12th day 1268
following the general election for multicounty offices, and by 1269
noon on the 19th day following the general election for federal 1270
and statewide offices. However, the Department of State may 1271
correct typographical errors, including the transposition of 1272
numbers, in any returns submitted to the Department of State 1273
pursuant to s. 102.111(2). 1274
Section 25. Section 102.181, Florida Statutes, is created 1275
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to read: 1276
102.181 Action against supervisor of elections. — 1277
(1) Any elector qualified to vote in or any candidate for 1278
office in an election may file an action against the supervisor 1279
of elections administering such election for noncompliance w ith 1280
any provision of this code. 1281
(2) Any elector or candidate who files such an action is 1282
entitled to an immediate hearing. 1283
(3) In any such action, any filing fees or costs shall be 1284
waived and attorney fees shall be awarded to the prevailing 1285
party or parties. 1286
Section 26. This act shall take effect July 1, 2022. 1287