Florida Senate - 2022 SB 1914 By Senator Taddeo 40-01686A-22 20221914__ 1 A bill to be entitled 2 An act relating to elections; amending s. 20.10, F.S.; 3 requiring the Secretary of State to be elected rather 4 than appointed; specifying when such election must 5 occur; amending s. 97.053, F.S.; requiring applicants 6 registering to vote to designate a party affiliation 7 or affirmatively select No Party Affiliation; 8 requiring supervisors of elections to provide a 9 certain notification; requiring the voter registration 10 application to note such requirement; creating s. 11 97.0556, F.S.; providing that a person who meets 12 certain requirements may register to vote at an early 13 voting site or at his or her polling place and 14 immediately thereafter cast a ballot; amending s. 15 97.057, F.S.; requiring the Department of Highway 16 Safety and Motor Vehicles to provide the opportunity 17 to preregister to vote to certain individuals; 18 revising procedures governing voter registration by 19 the Department of Highway Safety and Motor Vehicles; 20 providing that driver license or identification card 21 applications, driver license or identification card 22 renewal applications, and applications for changes of 23 address for existing driver licenses or identification 24 cards submitted to the department serve as voter 25 registration applications; providing that an applicant 26 is deemed to have consented to the use of his or her 27 signature for voter registration purposes unless a 28 declination is made; requiring specified applications 29 to include a voter registration component, subject to 30 approval by the Department of State; requiring such 31 applications to include certain information; requiring 32 the Department of Highway Safety and Motor Vehicles to 33 develop the voter registration component for 34 applications; requiring the Department of Highway 35 Safety and Motor Vehicles to electronically transmit 36 voter registration information to the Department of 37 State within a specified timeframe; requiring the 38 Department of State to provide such information to 39 supervisors of elections, as applicable; deleting 40 obsolete language; making technical changes; amending 41 s. 97.0575, F.S.; removing a requirement that a third 42 party voter registration organization provide certain 43 notice to an applicant; revising certain penalties for 44 third-party voter registration organizations; removing 45 the aggregate limit of such penalties; amending s. 46 98.045, F.S.; conforming a cross-reference; amending 47 s. 98.065, F.S.; revising the conditions in which a 48 supervisor must designate a voter as inactive; 49 amending s. 99.061, F.S.; authorizing a candidate to 50 pay his or her qualification fee with a cashiers 51 check; amending s. 100.371, F.S.; providing a 52 requirement for the delivery of certain petition 53 forms; creating s. 100.51, F.S.; establishing General 54 Election Day as a paid holiday; providing that any 55 elector may absent himself or herself from service or 56 employment at a specific time on a General Election 57 Day and may not be penalized or have pay reduced for 58 such absence; creating s. 101.016, F.S.; requiring the 59 Division of Elections to maintain a strategic 60 elections equipment reserve of voting systems and 61 other equipment for specified purposes; requiring such 62 reserve to include specified equipment; authorizing 63 the division to contract with specified entities 64 rather than physically maintain such reserve; amending 65 s. 101.048, F.S.; providing that a person may cast a 66 provisional vote at any precinct in the county in 67 which the voter claims to be registered; amending s. 68 101.151, F.S.; revising the order in which office 69 titles and names of candidates are placed on the 70 ballot; amending s. 101.5612, F.S.; requiring 71 supervisors of elections to annually file a specified 72 plan for operations to be implemented under certain 73 conditions; amending s. 101.62, F.S.; providing that a 74 request for a vote-by-mail ballot is valid until the 75 request is canceled by the elector making the request; 76 revising the deadline by which vote-by-mail ballots 77 must be received by supervisors; revising the period 78 during which supervisors of elections may deliver 79 certain ballots; providing for extension of deadlines 80 under certain conditions; amending s. 101.64, F.S.; 81 requiring supervisors of elections to enclose a 82 postage-paid mailing envelope with each vote-by-mail 83 ballot; providing that vote-by-mail ballot voter 84 certificates may be signed with the last four digits 85 of the voters social security number; amending s. 86 101.65, F.S.; revising instructions that must be 87 provided with a vote-by-mail ballot; amending s. 88 101.68, F.S.; requiring supervisors of elections to 89 compare the signature or last four digits of the 90 social security number on a voters certificate with 91 the signature or last four digits of the social 92 security number in the registration books or precinct 93 register when canvassing a vote-by-mail ballot; 94 requiring canvassing boards to compare the signature 95 or last four digits of the social security number on a 96 voters certificate or cure affidavit with the 97 signature or last four digits of the social security 98 number in the registration books or precinct register 99 when canvassing vote-by-mail ballots; amending s. 100 101.6952, F.S.; authorizing absent voters to submit a 101 federal write-in absentee ballot or vote-by-mail 102 ballot under certain circumstances; revising 103 requirements for the canvassing of specified ballots; 104 providing that a certain presumption applies to vote 105 by-mail ballots received from absent voters; requiring 106 a vote-by-mail ballot from an absent voter which is 107 postmarked or dated by a certain date to be counted; 108 amending s. 101.71, F.S.; prohibiting polling places 109 from being located within gated communities unless 110 certain conditions are met; amending s. 102.031, F.S.; 111 providing that a person may provide food, water, and 112 other items to certain voters; prohibiting the use of 113 devices that amplify sound in certain locations during 114 certain hours; amending s. 102.111, F.S.; revising the 115 dates by which the Elections Canvassing Commission 116 shall meet to certify certain election returns; 117 amending s. 102.112, F.S.; revising the deadlines for 118 submission of county returns to the Department of 119 State; creating s. 102.181, F.S.; authorizing certain 120 persons to file actions against a supervisor of 121 elections for noncompliance with the Florida Election 122 Code; providing that such persons are entitled to an 123 immediate hearing; providing for the waiver of fees 124 and costs and the awarding of attorney fees; providing 125 an effective date. 126 127 Be It Enacted by the Legislature of the State of Florida: 128 129 Section 1.Subsection (1) of section 20.10, Florida 130 Statutes, is amended to read: 131 20.10Department of State.There is created a Department of 132 State. 133 (1)The head of the Department of State is the Secretary of 134 State. The Secretary of State shall be elected at the statewide 135 general election at which the Governor, Lieutenant Governor, and 136 Cabinet officers are elected as provided in s. 5, Art. IV of the 137 State Constitution, for a term of 4 years beginning on the first 138 Tuesday after the first Monday in January of the year following 139 such election appointed by the Governor, subject to confirmation 140 by the Senate, and shall serve at the pleasure of the Governor. 141 The Secretary of State shall perform the functions conferred by 142 the State Constitution upon the custodian of state records. 143 Section 2.Paragraph (b) of subsection (5) of section 144 97.053, Florida Statutes, is amended to read: 145 97.053Acceptance of voter registration applications. 146 (5) 147 (b)An applicant who fails to designate party affiliation 148 or affirmatively select No Party Affiliation may not must be 149 registered without party affiliation. The supervisor must notify 150 the voter by mail that the voter has not been registered without 151 party affiliation and that the voter must complete a new 152 registration application and designate a party affiliation or 153 affirmatively select No Party Affiliation. The voter 154 registration application must clearly denote this requirement 155 may change party affiliation as provided in s. 97.1031. 156 Section 3.Section 97.0556, Florida Statutes, is created to 157 read: 158 97.0556Same-day voter registration.A person who meets the 159 qualifications to register to vote in s. 97.041 and who provides 160 the information required for the statewide voter registration 161 application in s. 97.052 may register at an early voting site or 162 at his or her polling place and immediately thereafter cast a 163 ballot. 164 Section 4.Section 97.057, Florida Statutes, is amended to 165 read: 166 97.057Voter registration by the Department of Highway 167 Safety and Motor Vehicles. 168 (1)Each of the following serves as an application The 169 Department of Highway Safety and Motor Vehicles shall provide 170 the opportunity to preregister to vote, register to vote, or to 171 update a voter registration record when submitted to the 172 Department of Highway Safety and Motor Vehicles to each 173 individual who comes to an office of that department to: 174 (a)An application for or a renewal of Apply for or renew a 175 driver license; 176 (b)An application for or a renewal of Apply for or renew 177 an identification card pursuant to chapter 322; or 178 (c)An application for a change of an address on an 179 existing driver license or identification card. 180 181 Unless the applicant declines to register or preregister to 182 vote, he or she is deemed to have consented to the use of the 183 signature from his or her driver license or identification card 184 application for voter registration purposes. 185 (2)An application for a driver license or an 186 identification card must include a voter registration component. 187 The voter registration component must be approved by the 188 Department of State. The voter registration component of a 189 driver license or identification card application must contain 190 all of the following: 191 (a)The minimum amount of information necessary to prevent 192 duplicate voter registrations and preserve the ability of the 193 department and supervisors of elections to assess the 194 eligibility of the applicant and administer voter registration 195 and other provisions of this code. 196 (b)A statement setting forth voting eligibility 197 requirements. 198 (c)An explanation that the applicant is consenting to the 199 use of his or her signature from the applicants driver license 200 or identification card application for voter registration 201 purposes. By consenting to the use of his or her signature, the 202 applicant is deemed to have subscribed to the oath required by 203 s. 3, Art. VI of the State Constitution and s. 97.051 and to 204 have sworn and affirmed that the voter registration information 205 contained in the application is true under penalty for false 206 swearing pursuant to s. 104.011. 207 (d)An option that allows the applicant to choose or update 208 a party affiliation; otherwise, an applicant who is initially 209 registering to vote and does not exercise such option shall be 210 sent a notice by the supervisor of elections in accordance with 211 s. 97.053(5)(b). 212 (e)An option that allows the applicant to decline to 213 register to vote or preregister to vote. The Department of 214 Highway Safety and Motor Vehicles shall note any such 215 declination in its records and forward the declination to the 216 Department of State. Any declination may be used only for voter 217 registration purposes and is confidential and exempt from public 218 records requirements as provided in s. 97.0585. 219 (3)The Department of Highway Safety and Motor Vehicles 220 shall: 221 (a)Develop a voter registration component for applications 222 which meets the requirements set forth in subsection (2). 223 (b)Electronically transmit the voter registration 224 component of an applicants driver license or identification 225 card application to the Department of State within 24 hours 226 after receipt. Upon receipt of the voter registration component, 227 the Department of State shall provide the information to the 228 supervisor of the county in which the applicant is registering 229 or preregistering to vote or updating his or her voter 230 registration record. 231 (2)The Department of Highway Safety and Motor Vehicles 232 shall: 233 (a)Notify each individual, orally or in writing, that: 234 1.Information gathered for the completion of a driver 235 license or identification card application, renewal, or change 236 of address can be automatically transferred to a voter 237 registration application; 238 2.If additional information and a signature are provided, 239 the voter registration application will be completed and sent to 240 the proper election authority; 241 3.Information provided can also be used to update a voter 242 registration record; 243 4.All declinations will remain confidential and may be 244 used only for voter registration purposes; and 245 5.The particular driver license office in which the person 246 applies to register to vote or updates a voter registration 247 record will remain confidential and may be used only for voter 248 registration purposes. 249 (b)Require a driver license examiner to inquire orally or, 250 if the applicant is hearing impaired, inquire in writing whether 251 the applicant wishes to register to vote or update a voter 252 registration record during the completion of a driver license or 253 identification card application, renewal, or change of address. 254 1.If the applicant chooses to register to vote or to 255 update a voter registration record: 256 a.All applicable information received by the Department of 257 Highway Safety and Motor Vehicles in the course of filling out 258 the forms necessary under subsection (1) must be transferred to 259 a voter registration application. 260 b.The additional necessary information must be obtained by 261 the driver license examiner and must not duplicate any 262 information already obtained while completing the forms required 263 under subsection (1). 264 c.A voter registration application with all of the 265 applicants voter registration information required to establish 266 the applicants eligibility pursuant to s. 97.041 must be 267 presented to the applicant to review and verify the voter 268 registration information received and provide an electronic 269 signature affirming the accuracy of the information provided. 270 2.If the applicant declines to register to vote, update 271 the applicants voter registration record, or change the 272 applicants address by either orally declining or by failing to 273 sign the voter registration application, the Department of 274 Highway Safety and Motor Vehicles must note such declination on 275 its records and shall forward the declination to the statewide 276 voter registration system. 277 (3)For the purpose of this section, the Department of 278 Highway Safety and Motor Vehicles, with the approval of the 279 Department of State, shall prescribe: 280 (a)A voter registration application that is the same in 281 content, format, and size as the uniform statewide voter 282 registration application prescribed under s. 97.052; and 283 (b)A form that will inform applicants under subsection (1) 284 of the information contained in paragraph (2)(a). 285 (4)The Department of Highway Safety and Motor Vehicles 286 must electronically transmit completed voter registration 287 applications within 24 hours after receipt to the statewide 288 voter registration system. Completed paper voter registration 289 applications received by the Department of Highway Safety and 290 Motor Vehicles shall be forwarded within 5 days after receipt to 291 the supervisor of the county where the office that processed or 292 received that application is located. 293 (5)The Department of Highway Safety and Motor Vehicles 294 must send, with each driver license renewal extension 295 application authorized pursuant to s. 322.18(8), a uniform 296 statewide voter registration application, the voter registration 297 application prescribed under paragraph (3)(a), or a voter 298 registration application developed especially for the purposes 299 of this subsection by the Department of Highway Safety and Motor 300 Vehicles, with the approval of the Department of State, which 301 must meet the requirements of s. 97.052. 302 (4)(6)A person providing voter registration services for a 303 driver license office may not: 304 (a)Seek to influence an applicants political preference 305 or party registration; 306 (b)Display any political preference or party allegiance; 307 (c)Make any statement to an applicant or take any action 308 the purpose or effect of which is to discourage the applicant 309 from registering to vote; or 310 (d)Disclose any applicants voter registration information 311 except as needed for the administration of voter registration. 312 (5)(7)The Department of Highway Safety and Motor Vehicles 313 shall collect data determined necessary by the Department of 314 State for program evaluation and reporting to the Election 315 Assistance Commission pursuant to federal law. 316 (6)(8)The Department of Highway Safety and Motor Vehicles 317 shall must ensure that all voter registration services provided 318 by driver license offices are in compliance with the Voting 319 Rights Act of 1965. 320 (7)(9)The Department of Highway Safety and Motor Vehicles 321 shall retain complete records of voter registration information 322 received, processed, and submitted to the Department of State 323 statewide voter registration system by the Department of Highway 324 Safety and Motor Vehicles. The retention of such These records 325 is shall be for the explicit purpose of supporting audit and 326 accounting controls established to ensure accurate and complete 327 electronic transmission of records between the Department of 328 State statewide voter registration system and the Department of 329 Highway Safety and Motor Vehicles. 330 (8)(10)The Department of State shall provide the 331 Department of Highway Safety and Motor Vehicles with an 332 electronic database of street addresses valid for use as the 333 address of legal residence as required in s. 97.053(5). The 334 Department of Highway Safety and Motor Vehicles shall compare 335 the address provided by the applicant against the database of 336 valid street addresses. If the address provided by the applicant 337 does not match a valid street address in the database, the 338 applicant will be asked to verify the address provided. The 339 Department of Highway Safety and Motor Vehicles may shall not 340 reject any application for voter registration for which a valid 341 match cannot be made. 342 (9)(11)The Department of Highway Safety and Motor Vehicles 343 shall enter into an agreement with the department to match 344 information in the statewide voter registration system with 345 information in the database of the Department of Highway Safety 346 and Motor Vehicles to the extent required to verify the accuracy 347 of the driver license number, Florida identification number, or 348 last four digits of the social security number provided on 349 applications for voter registration as required in s. 97.053. 350 (10)(12)The Department of Highway Safety and Motor 351 Vehicles shall enter into an agreement with the Commissioner of 352 Social Security as required by the Help America Vote Act of 2002 353 to verify the last four digits of the social security number 354 provided in applications for voter registration as required in 355 s. 97.053. 356 (11)(13)The Department of Highway Safety and Motor 357 Vehicles must assist the Department of State in regularly 358 identifying changes in residence address on the driver license 359 or identification card of a voter. The Department of State must 360 report each such change to the appropriate supervisor of 361 elections who must change the voters registration records in 362 accordance with s. 98.065(4). 363 Section 5.Paragraph (a) of subsection (3) of section 364 97.0575, Florida Statutes, is amended to read: 365 97.0575Third-party voter registrations. 366 (3)(a)A third-party voter registration organization that 367 collects voter registration applications serves as a fiduciary 368 to the applicant, ensuring that any voter registration 369 application entrusted to the organization, irrespective of party 370 affiliation, race, ethnicity, or gender, must be promptly 371 delivered to the division or the supervisor of elections in the 372 county in which the applicant resides within 14 days after the 373 application was completed by the applicant, but not after 374 registration closes for the next ensuing election. A third-party 375 voter registration organization must notify the applicant at the 376 time the application is collected that the organization might 377 not deliver the application to the division or the supervisor of 378 elections in the county in which the applicant resides in less 379 than 14 days or before registration closes for the next ensuing 380 election and must advise the applicant that he or she may 381 deliver the application in person or by mail. The third-party 382 voter registration organization must also inform the applicant 383 how to register online with the division and how to determine 384 whether the application has been delivered. If a voter 385 registration application collected by any third-party voter 386 registration organization is not promptly delivered to the 387 division or supervisor of elections in the county in which the 388 applicant resides, the third-party voter registration 389 organization is liable for the following fines: 390 1.A fine in the amount of $50 for each application 391 received by the division or the supervisor of elections in the 392 county in which the applicant resides more than 14 days after 393 the applicant delivered the completed voter registration 394 application to the third-party voter registration organization 395 or any person, entity, or agent acting on its behalf. A fine in 396 the amount of $250 for each application received if the third 397 party voter registration organization or person, entity, or 398 agency acting on its behalf acted willfully. 399 2.A fine in the amount of $100 for each application 400 collected by a third-party voter registration organization or 401 any person, entity, or agent acting on its behalf, before book 402 closing for any given election for federal or state office and 403 received by the division or the supervisor of elections in the 404 county in which the applicant resides after the book-closing 405 deadline for such election. A fine in the amount of $500 for 406 each application received if the third-party registration 407 organization or person, entity, or agency acting on its behalf 408 acted willfully. 409 3.A fine in the amount of $500 for each application 410 collected by a third-party voter registration organization or 411 any person, entity, or agent acting on its behalf, which is not 412 submitted to the division or supervisor of elections in the 413 county in which the applicant resides. A fine in the amount of 414 $1,000 for any application not submitted if the third-party 415 voter registration organization or person, entity, or agency 416 acting on its behalf acted willfully. 417 418 The aggregate fine pursuant to this paragraph which may be 419 assessed against a third-party voter registration organization, 420 including affiliate organizations, for violations committed in a 421 calendar year is $1,000. 422 Section 6.Paragraph (b) of subsection (4) of section 423 98.045, Florida Statutes, is amended to read: 424 98.045Administration of voter registration. 425 (4)STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL 426 STREET ADDRESSES. 427 (b)The department shall make the statewide database of 428 valid street addresses available to the Department of Highway 429 Safety and Motor Vehicles as provided in s. 97.057(8) s. 430 97.057(10). The Department of Highway Safety and Motor Vehicles 431 shall use the database for purposes of validating the legal 432 residential addresses provided in voter registration 433 applications received by the Department of Highway Safety and 434 Motor Vehicles. 435 Section 7.Paragraph (c) of subsection (4) of section 436 98.065, Florida Statutes, is amended to read: 437 98.065Registration list maintenance programs. 438 (4) 439 (c)The supervisor must designate as inactive all voters 440 who have not voted in at least one of the last two general 441 elections, been sent an address confirmation final notice, and 442 who have not returned the postage prepaid, preaddressed return 443 form within 30 days or for which the final notice has been 444 returned as undeliverable. Names on the inactive list may not be 445 used to calculate the number of signatures needed on any 446 petition. A voter on the inactive list may be restored to the 447 active list of voters upon the voter updating his or her 448 registration, requesting a vote-by-mail ballot, or appearing to 449 vote. However, if the voter does not update his or her voter 450 registration information, request a vote-by-mail ballot, or vote 451 by the second general election after being placed on the 452 inactive list, the voters name must shall be removed from the 453 statewide voter registration system and the voter must shall be 454 required to reregister to have his or her name restored to the 455 statewide voter registration system. 456 Section 8.Paragraph (a) of subsection (7) of section 457 99.061, Florida Statutes, is amended to read: 458 99.061Method of qualifying for nomination or election to 459 federal, state, county, or district office. 460 (7)(a)In order for a candidate to be qualified, the 461 following items must be received by the filing officer by the 462 end of the qualifying period: 463 1.A cashiers check purchased with campaign account funds 464 or a properly executed check drawn upon the candidates campaign 465 account payable to the person or entity as prescribed by the 466 filing officer in an amount not less than the fee required by s. 467 99.092, unless the candidate obtained the required number of 468 signatures on petitions pursuant to s. 99.095. The filing fee 469 for a special district candidate is not required to be drawn 470 upon the candidates campaign account. If a candidates check is 471 returned by the bank for any reason, the filing officer must 472 shall immediately notify the candidate and the candidate has 473 shall have until the end of qualifying to pay the fee with a 474 cashiers check purchased from funds of the campaign account. 475 Failure to pay the fee as provided in this subparagraph 476 disqualifies shall disqualify the candidate. 477 2.The candidates oath required by s. 99.021, which must 478 contain the name of the candidate as it is to appear on the 479 ballot; the office sought, including the district or group 480 number if applicable; and the signature of the candidate, which 481 must be verified under oath or affirmation pursuant to s. 482 92.525(1)(a). 483 3.If the office sought is partisan, the written statement 484 of political party affiliation required by s. 99.021(1)(b); or 485 if the candidate is running without party affiliation for a 486 partisan office, the written statement required by s. 487 99.021(1)(c). 488 4.The completed form for the appointment of campaign 489 treasurer and designation of campaign depository, as required by 490 s. 106.021. 491 5.The full and public disclosure or statement of financial 492 interests required by subsection (5). A public officer who has 493 filed the full and public disclosure or statement of financial 494 interests with the Commission on Ethics or the supervisor before 495 of elections prior to qualifying for office may file a copy of 496 that disclosure at the time of qualifying. 497 Section 9.Paragraph (a) of subsection (7) of section 498 100.371, Florida Statutes, is amended, and paragraph (c) is 499 added to that subsection, to read: 500 100.371Initiatives; procedure for placement on ballot. 501 (7)(a)A sponsor that collects petition forms or uses a 502 petition circulator to collect petition forms serves as a 503 fiduciary to the elector signing the petition form, ensuring 504 that any petition form entrusted to the petition circulator 505 shall be promptly delivered to the supervisor of elections 506 within 30 days after the elector signs the form. 507 (a)If a petition form collected by any petition circulator 508 is not promptly delivered to the supervisor of elections, the 509 sponsor is liable for the following fines: 510 1.A fine in the amount of $50 for each petition form 511 received by the supervisor of elections more than 30 days after 512 the elector signed the petition form or the next business day, 513 if the office is closed. A fine in the amount of $250 for each 514 petition form received if the sponsor or petition circulator 515 acted willfully. 516 2.A fine in the amount of $500 for each petition form 517 collected by a petition circulator which is not submitted to the 518 supervisor of elections. A fine in the amount of $1,000 for any 519 petition form not submitted if the sponsor or petition 520 circulator acted willfully. 521 (c)A sponsor shall deliver petition forms to the 522 supervisor grouped in batches by the petition circulator who 523 collected them. 524 Section 10.Section 100.51, Florida Statutes, is created to 525 read: 526 100.51General Election Day paid holiday.In order to 527 encourage civic participation, enable more individuals to serve 528 as poll workers, and provide additional time for the resolution 529 of any issues that arise while an elector casts his or her vote, 530 General Election Day is a paid holiday. An elector is entitled 531 to absent himself or herself from any service or employment in 532 which he or she is engaged or employed during the time the polls 533 are open on General Election Day. An elector who absents himself 534 or herself under this section may not be penalized in any way 535 and a deduction may not be made from his or her usual salary or 536 wages on account of his or her absence. 537 Section 11.Section 101.016, Florida Statutes, is created 538 to read: 539 101.016Strategic elections equipment reserve.The Division 540 of Elections shall maintain a strategic elections equipment 541 reserve of voting systems that may be deployed in the event of 542 an emergency as defined in s. 101.732 or upon the occurrence of 543 equipment capacity issues due to unexpected voter turnout. The 544 reserve must include tabulation equipment and any other 545 necessary equipment, including, but not limited to, printers, in 546 use by each supervisor of elections. In lieu of maintaining a 547 physical reserve of such equipment, the division may contract 548 with a voting equipment vendor that shall provide such equipment 549 on an as-needed basis. 550 Section 12.Subsections (1) and (2) of section 101.048, 551 Florida Statutes, are amended to read: 552 101.048Provisional ballots. 553 (1)At all elections, a voter claiming to be properly 554 registered in this the state and eligible to vote at the 555 precinct in the election but whose eligibility cannot be 556 determined, a person whom an election official asserts is not 557 eligible, and other persons specified in the code shall be 558 entitled to vote a provisional ballot at any precinct in the 559 county in which the voter claims to be registered. Once voted, 560 the provisional ballot must shall be placed in a secrecy 561 envelope and thereafter sealed in a provisional ballot envelope. 562 The provisional ballot must shall be deposited in a ballot box. 563 All provisional ballots must shall remain sealed in their 564 envelopes for return to the supervisor of elections. The 565 department shall prescribe the form of the provisional ballot 566 envelope. A person casting a provisional ballot shall have the 567 right to present written evidence supporting his or her 568 eligibility to vote to the supervisor of elections by not later 569 than 5 p.m. on the second day after following the election. 570 (2)(a)The county canvassing board shall examine each 571 Provisional Ballot Voters Certificate and Affirmation to 572 determine if the person voting that ballot was entitled to vote 573 in the county in which at the precinct where the person cast a 574 vote in the election and that the person had not already cast a 575 ballot in the election. In determining whether a person casting 576 a provisional ballot is entitled to vote, the county canvassing 577 board shall review the information provided in the Voters 578 Certificate and Affirmation, written evidence provided by the 579 person pursuant to subsection (1), information provided in any 580 cure affidavit and accompanying supporting documentation 581 pursuant to subsection (6), any other evidence presented by the 582 supervisor, and, in the case of a challenge, any evidence 583 presented by the challenger. A ballot of a person casting a 584 provisional ballot must shall be canvassed pursuant to paragraph 585 (b) unless the canvassing board determines by a preponderance of 586 the evidence that the person was not entitled to vote. 587 (b)If it is determined that the person was registered and 588 entitled to vote in the county in which at the precinct where 589 the person cast a vote in the election, the canvassing board 590 must compare the signature on the Provisional Ballot Voters 591 Certificate and Affirmation or the provisional ballot cure 592 affidavit with the signature on the voters registration or 593 precinct register. A provisional ballot may be counted only if: 594 1.The signature on the voters certificate or the cure 595 affidavit matches the electors signature in the registration 596 books or the precinct register; however, in the case of a cure 597 affidavit, the supporting identification listed in subsection 598 (6) must also confirm the identity of the elector; or 599 2.The cure affidavit contains a signature that does not 600 match the electors signature in the registration books or the 601 precinct register, but the elector has submitted a current and 602 valid Tier 1 form of identification confirming his or her 603 identity pursuant to subsection (6). 604 605 For purposes of this paragraph, any canvassing board finding 606 that signatures do not match must be by majority vote and beyond 607 a reasonable doubt. 608 (c)Any provisional ballot not counted must remain in the 609 envelope containing the Provisional Ballot Voters Certificate 610 and Affirmation and the envelope must shall be marked Rejected 611 as Illegal. 612 (d)If a provisional ballot is validated following the 613 submission of a cure affidavit, the supervisor must make a copy 614 of the affidavit, affix it to a voter registration application, 615 and immediately process it as a valid request for a signature 616 update pursuant to s. 98.077. 617 Section 13.Paragraph (a) of subsection (2) and paragraph 618 (a) of subsection (3) of section 101.151, Florida Statutes, are 619 amended to read: 620 101.151Specifications for ballots. 621 (2)(a)The ballot must include the following office titles 622 above the names of the candidates for the respective offices in 623 the following order: 624 1.The office titles of President and Vice President above 625 the names of the candidates for President and Vice President of 626 the United States nominated by the political party that received 627 the highest vote for Governor in the last general election of 628 the Governor in this state, followed by the names of other 629 candidates for President and Vice President of the United States 630 who have been properly nominated. 631 2.The office titles of United States Senator and 632 Representative in Congress. 633 3.The office titles of Governor and Lieutenant Governor; 634 Attorney General; Chief Financial Officer; Commissioner of 635 Agriculture; Secretary of State; State Attorney, with the 636 applicable judicial circuit; and Public Defender, with the 637 applicable judicial circuit. 638 4.The office titles of State Senator and State 639 Representative, with the applicable district for the office 640 printed beneath. 641 5.The office titles of Clerk of the Circuit Court or, when 642 the Clerk of the Circuit Court also serves as the County 643 Comptroller, Clerk of the Circuit Court and Comptroller, when 644 authorized by law; Clerk of the County Court, when authorized by 645 law; Sheriff; Property Appraiser; Tax Collector; District 646 Superintendent of Schools; and Supervisor of Elections. 647 6.The office titles of Board of County Commissioners, with 648 the applicable district printed beneath each office, and such 649 other county and district offices as are involved in the 650 election, in the order fixed by the Department of State, 651 followed, in the year of their election, by Party Offices, and 652 thereunder the offices of state and county party executive 653 committee members. 654 (3)(a)The names of the candidates of each the party must 655 that received the highest number of votes for Governor in the 656 last election in which a Governor was elected shall be ordered 657 randomly placed first for each office on the general election 658 ballot, together with an appropriate abbreviation of the party 659 name; the names of the candidates of the party that received the 660 second highest vote for Governor shall be placed second for each 661 office, together with an appropriate abbreviation of the party 662 name. 663 Section 14.Subsection (6) is added to section 101.5612, 664 Florida Statutes, to read: 665 101.5612Testing of tabulating equipment. 666 (6)The supervisor of elections shall annually file with 667 the Secretary of State a detailed plan for operations in the 668 event that maximum voter turnout occurs on election day and a 669 recount is required in each race on a ballot. 670 Section 15.Paragraph (a) of subsection (1), subsection 671 (2), and paragraph (c) of subsection (4) of section 101.62, 672 Florida Statutes, are amended, and subsection (8) is added to 673 that section, to read: 674 101.62Request for vote-by-mail ballots. 675 (1)(a)The supervisor shall accept a request for a vote-by 676 mail ballot from an elector in person or in writing. One request 677 is deemed sufficient to receive a vote-by-mail ballot for all 678 elections until the elector or the electors designee notifies 679 the supervisor that the elector cancels such request through the 680 end of the calendar year of the next regularly scheduled general 681 election, unless the elector or the electors designee indicates 682 at the time the request is made the elections within such period 683 for which the elector desires to receive a vote-by-mail ballot. 684 Such request may be considered canceled when any first-class 685 mail sent by the supervisor to the elector is returned as 686 undeliverable. 687 (2)A request for a vote-by-mail ballot to be mailed to a 688 voter must be received no later than 5 p.m. on the 11th 10th day 689 before the election by the supervisor. The supervisor shall mail 690 vote-by-mail ballots to voters requesting ballots by such 691 deadline no later than 8 days before the election. 692 (4) 693 (c)The supervisor shall provide a vote-by-mail ballot to 694 each elector by whom a request for that ballot has been made by 695 one of the following means: 696 1.By nonforwardable, return-if-undeliverable mail to the 697 electors current mailing address on file with the supervisor or 698 any other address the elector specifies in the request. 699 2.By forwardable mail, e-mail, or facsimile machine 700 transmission to absent uniformed services voters and overseas 701 voters. The absent uniformed services voter or overseas voter 702 may designate in the vote-by-mail ballot request the preferred 703 method of transmission. If the voter does not designate the 704 method of transmission, the vote-by-mail ballot must shall be 705 mailed. 706 3.By personal delivery before 7 p.m. on election day to 707 the elector, upon presentation of the identification required in 708 s. 101.043. 709 4.By delivery to a designee on election day or up to 11 9 710 days before the day of an election. Any elector may designate in 711 writing a person to pick up the ballot for the elector; however, 712 the person designated may not pick up more than two vote-by-mail 713 ballots per election, other than the designees own ballot, 714 except that additional ballots may be picked up for members of 715 the designees immediate family. For purposes of this section, 716 immediate family means the designees spouse or the parent, 717 child, grandparent, grandchild, or sibling of the designee or of 718 the designees spouse. The designee shall provide to the 719 supervisor the written authorization by the elector and a 720 picture identification of the designee and must complete an 721 affidavit. The designee shall state in the affidavit that the 722 designee is authorized by the elector to pick up that ballot and 723 shall indicate if the elector is a member of the designees 724 immediate family and, if so, the relationship. The department 725 shall prescribe the form of the affidavit. If the supervisor is 726 satisfied that the designee is authorized to pick up the ballot 727 and that the signature of the elector on the written 728 authorization matches the signature of the elector on file, the 729 supervisor must shall give the ballot to that designee for 730 delivery to the elector. 731 5.Except as provided in s. 101.655, the supervisor may not 732 deliver a vote-by-mail ballot to an elector or an electors 733 immediate family member on the day of the election unless there 734 is an emergency, to the extent that the elector will be unable 735 to go to his or her assigned polling place. If a vote-by-mail 736 ballot is delivered, the elector or his or her designee must 737 shall execute an affidavit affirming to the facts which allow 738 for delivery of the vote-by-mail ballot. The department shall 739 adopt a rule providing for the form of the affidavit. 740 (8)If a deadline under this section falls on a day when 741 the office of the supervisor is usually closed, the deadline 742 must be extended until the next business day. 743 Section 16.Paragraph (a) of subsection (1) and subsection 744 (2) of section 101.64, Florida Statutes, are amended to read: 745 101.64Delivery of vote-by-mail ballots; envelopes; form. 746 (1)(a)The supervisor shall enclose with each vote-by-mail 747 ballot two envelopes: a secrecy envelope, into which the absent 748 elector shall enclose his or her marked ballot; and a postage 749 paid mailing envelope, into which the absent elector shall then 750 place the secrecy envelope, which shall be addressed to the 751 supervisor and also bear on the back side a certificate in 752 substantially the following form: 753 754 Note: Please Read Instructions Carefully Before 755 Marking Ballot and Completing Voters Certificate. 756 757 VOTERS CERTIFICATE 758 I,...., do solemnly swear or affirm that I am a qualified 759 and registered voter of .... County, Florida, and that I have 760 not and will not vote more than one ballot in this election. I 761 understand that if I commit or attempt to commit any fraud in 762 connection with voting, vote a fraudulent ballot, or vote more 763 than once in an election, I can be convicted of a felony of the 764 third degree and fined up to $5,000 and/or imprisoned for up to 765 5 years. I also understand that failure to sign this certificate 766 will invalidate my ballot. 767 ...(Date)... 768 ...(Voters Signature or Last Four Digits of Social Security 769 Number)... 770 ...(E-Mail Address)......(Home Telephone Number)... 771 ...(Mobile Telephone Number)... 772 (2)The certificate must shall be arranged on the back of 773 the mailing envelope so that the line for the signature or last 774 four digits of the social security number of the absent elector 775 is across the seal of the envelope; however, a no statement may 776 not shall appear on the envelope which indicates that a 777 signature or the last four digits of the social security number 778 of the voter must cross the seal of the envelope. The absent 779 elector shall execute the certificate on the envelope. 780 Section 17.Section 101.65, Florida Statutes, is amended to 781 read: 782 101.65Instructions to absent electors.The supervisor 783 shall enclose with each vote-by-mail ballot separate printed 784 instructions in substantially the following form; however, where 785 the instructions appear in capitalized text, the text of the 786 printed instructions must be in bold font: 787 788 READ THESE INSTRUCTIONS CAREFULLY 789 BEFORE MARKING BALLOT. 790 791 1.VERY IMPORTANT. In order to ensure that your vote-by 792 mail ballot will be counted, it should be completed and returned 793 as soon as possible so that it can reach the supervisor of 794 elections of the county in which your precinct is located no 795 later than 7 p.m. on the day of the election. However, if you 796 are an overseas voter casting a ballot in a presidential 797 preference primary or general election, your vote-by-mail ballot 798 must be postmarked or dated no later than the date of the 799 election and received by the supervisor of elections of the 800 county in which you are registered to vote no later than 10 days 801 after the date of the election. Note that the later you return 802 your ballot, the less time you will have to cure any signature 803 deficiencies, which may cause your ballot to not be counted is 804 authorized until 5 p.m. on the 2nd day after the election. 805 2.Mark your ballot in secret as instructed on the ballot. 806 You must mark your own ballot unless you are unable to do so 807 because of blindness, disability, or inability to read or write. 808 3.Mark only the number of candidates or issue choices for 809 a race as indicated on the ballot. If you are allowed to Vote 810 for One candidate and you vote for more than one candidate, 811 your vote in that race will not be counted. 812 4.Place your marked ballot in the enclosed secrecy 813 envelope. 814 5.Insert the secrecy envelope into the enclosed mailing 815 envelope which is addressed to the supervisor. 816 6.Seal the mailing envelope and completely fill out the 817 Voters Certificate on the back of the mailing envelope. 818 7.VERY IMPORTANT. In order for your vote-by-mail ballot to 819 be counted, you must sign your name or print the last four 820 digits of your social security number on the line above (Voters 821 Signature or Last Four Digits of Social Security Number). A 822 vote-by-mail ballot will be considered illegal and not be 823 counted if the signature or the last four digits of the social 824 security number on the voters certificate do does not match the 825 signature or social security number on record. The signature on 826 file at the time the supervisor of elections in the county in 827 which your precinct is located receives your vote-by-mail ballot 828 is the signature that will be used to verify your signature on 829 the voters certificate. If you need to update your signature 830 for this election, send your signature update on a voter 831 registration application to your supervisor of elections so that 832 it is received before your vote-by-mail ballot is received. 833 8.VERY IMPORTANT. If you are an overseas voter, you must 834 include the date you signed the Voters Certificate or printed 835 the last four digits of your social security number on the line 836 above (Date) or your ballot may not be counted. 837 9.Mail, deliver, or have delivered the completed mailing 838 envelope. Be sure there is sufficient postage if mailed. THE 839 COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE 840 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS 841 LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE DROP BOX, 842 AVAILABLE AT EACH EARLY VOTING LOCATION. 843 10.FELONY NOTICE. It is a felony under Florida law to 844 accept any gift, payment, or gratuity in exchange for your vote 845 for a candidate. It is also a felony under Florida law to vote 846 in an election using a false identity or false address, or under 847 any other circumstances making your ballot false or fraudulent. 848 Section 18.Subsection (1), paragraph (c) of subsection 849 (2), and paragraphs (a) through (d) of subsection (4) of section 850 101.68, Florida Statutes, are amended to read: 851 101.68Canvassing of vote-by-mail ballot. 852 (1)The supervisor of the county where the absent elector 853 resides shall receive the voted ballot, at which time the 854 supervisor shall compare the signature or last four digits of 855 the social security number of the elector on the voters 856 certificate with the signature or last four digits of the social 857 security number of the elector in the registration books or the 858 precinct register to determine whether the elector is duly 859 registered in the county and must record on the electors 860 registration record that the elector has voted. During the 861 signature comparison process, the supervisor may not use any 862 knowledge of the political affiliation of the voter whose 863 signature is subject to verification. An elector who dies after 864 casting a vote-by-mail ballot but on or before election day 865 shall remain listed in the registration books until the results 866 have been certified for the election in which the ballot was 867 cast. The supervisor shall safely keep the ballot unopened in 868 his or her office until the county canvassing board canvasses 869 the vote. Except as provided in subsection (4), after a vote-by 870 mail ballot is received by the supervisor, the ballot is deemed 871 to have been cast, and changes or additions may not be made to 872 the voters certificate. 873 (2) 874 (c)1.The canvassing board must, if the supervisor has not 875 already done so, compare the signature or last four digits of 876 the social security number of the elector on the voters 877 certificate or on the vote-by-mail ballot cure affidavit as 878 provided in subsection (4) with the signature or last four 879 digits of the social security number of the elector in the 880 registration books or the precinct register to see that the 881 elector is duly registered in the county and to determine the 882 legality of that vote-by-mail ballot. A vote-by-mail ballot may 883 only be counted if: 884 a.The signature or last four digits of the social security 885 number on the voters certificate or the cure affidavit match 886 matches the electors signature or last four digits of his or 887 her social security number in the registration books or precinct 888 register; however, in the case of a cure affidavit, the 889 supporting identification listed in subsection (4) must also 890 confirm the identity of the elector; or 891 b.The cure affidavit contains a signature or the last four 892 digits of a social security number that do does not match the 893 electors signature or last four digits of his or her social 894 security number in the registration books or precinct register, 895 but the elector has submitted a current and valid Tier 1 896 identification pursuant to subsection (4) which confirms the 897 identity of the elector. 898 899 For purposes of this subparagraph, any canvassing board finding 900 that an electors signatures or last four digits of his or her 901 social security numbers do not match must be by majority vote 902 and beyond a reasonable doubt. 903 2.The ballot of an elector who casts a vote-by-mail ballot 904 must shall be counted even if the elector dies on or before 905 election day, as long as, before the death of the voter, the 906 ballot was postmarked by the United States Postal Service, date 907 stamped with a verifiable tracking number by a common carrier, 908 or already in the possession of the supervisor. 909 3.A vote-by-mail ballot is not considered illegal if the 910 signature or last four digits of the social security number of 911 the elector do does not cross the seal of the mailing envelope. 912 4.If any elector or candidate present believes that a 913 vote-by-mail ballot is illegal due to a defect apparent on the 914 voters certificate or the cure affidavit, he or she may, at any 915 time before the ballot is removed from the envelope, file with 916 the canvassing board a protest against the canvass of that 917 ballot, specifying the precinct, the voters certificate or the 918 cure affidavit, and the reason he or she believes the ballot to 919 be illegal. A challenge based upon a defect in the voters 920 certificate or cure affidavit may not be accepted after the 921 ballot has been removed from the mailing envelope. 922 5.If the canvassing board determines that a ballot is 923 illegal, a member of the board must, without opening the 924 envelope, mark across the face of the envelope: rejected as 925 illegal. The cure affidavit, if applicable, the envelope, and 926 the ballot therein must shall be preserved in the manner that 927 official ballots are preserved. 928 (4)(a)As soon as practicable, the supervisor shall, on 929 behalf of the county canvassing board, attempt to notify an 930 elector who has returned a vote-by-mail ballot that does not 931 include the electors signature or last four digits of his or 932 her social security number or contains a signature or the last 933 four digits of his or her social security number that do does 934 not match the electors signature or last four digits of his or 935 her social security number in the registration books or precinct 936 register by: 937 1.Notifying the elector of the signature or last four 938 digits of the social security number deficiency by e-mail and 939 directing the elector to the cure affidavit and instructions on 940 the supervisors website; 941 2.Notifying the elector of the signature or last four 942 digits of the social security number deficiency by text message 943 and directing the elector to the cure affidavit and instructions 944 on the supervisors website; or 945 3.Notifying the elector of the signature or last four 946 digits of the social security number deficiency by telephone and 947 directing the elector to the cure affidavit and instructions on 948 the supervisors website. 949 950 In addition to the notification required under subparagraph 1., 951 subparagraph 2., or subparagraph 3., the supervisor must notify 952 the elector of the signature or last four digits of the social 953 security number deficiency by first-class mail and direct the 954 elector to the cure affidavit and instructions on the 955 supervisors website. Beginning the day before the election, the 956 supervisor is not required to provide notice of the signature 957 deficiency by first-class mail, but shall continue to provide 958 notice as required under subparagraph 1., subparagraph 2., or 959 subparagraph 3. 960 (b)The supervisor shall allow such an elector to complete 961 and submit an affidavit in order to cure the vote-by-mail ballot 962 until 5 p.m. on the 2nd day after the election. 963 (c)The elector must complete a cure affidavit in 964 substantially the following form: 965 966 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT 967 968 I, ...., am a qualified voter in this election and 969 registered voter of .... County, Florida. I do solemnly swear or 970 affirm that I requested and returned the vote-by-mail ballot and 971 that I have not and will not vote more than one ballot in this 972 election. I understand that if I commit or attempt any fraud in 973 connection with voting, vote a fraudulent ballot, or vote more 974 than once in an election, I may be convicted of a felony of the 975 third degree and fined up to $5,000 and imprisoned for up to 5 976 years. I understand that my failure to sign this affidavit means 977 that my vote-by-mail ballot will be invalidated. 978 979 ...(Voters Signature or Last Four Digits of Social Security 980 Number)... 981 ...(Address)... 982 (d)Instructions must accompany the cure affidavit in 983 substantially the following form: 984 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 985 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 986 BALLOT NOT TO COUNT. 987 1.In order to ensure that your vote-by-mail ballot will be 988 counted, your affidavit should be completed and returned as soon 989 as possible so that it can reach the supervisor of elections of 990 the county in which your precinct is located no later than 5 991 p.m. on the 2nd day after the election. 992 2.You must sign your name or print the last four digits of 993 your social security number on the line above (Voters Signature 994 or Last Four Digits of Social Security Number). 995 3.You must make a copy of one of the following forms of 996 identification: 997 a.Tier 1 identification.Current and valid identification 998 that includes your name and photograph: Florida driver license; 999 Florida identification card issued by the Department of Highway 1000 Safety and Motor Vehicles; United States passport; debit or 1001 credit card; military identification; student identification; 1002 retirement center identification; neighborhood association 1003 identification; public assistance identification; veteran health 1004 identification card issued by the United States Department of 1005 Veterans Affairs; a Florida license to carry a concealed weapon 1006 or firearm; or an employee identification card issued by any 1007 branch, department, agency, or entity of the Federal Government, 1008 the state, a county, or a municipality; or 1009 b.Tier 2 identification.ONLY IF YOU DO NOT HAVE A TIER 1 1010 FORM OF IDENTIFICATION, identification that shows your name and 1011 current residence address: current utility bill, bank statement, 1012 government check, paycheck, or government document (excluding 1013 voter information card). 1014 4.Place the envelope bearing the affidavit into a mailing 1015 envelope addressed to the supervisor. Insert a copy of your 1016 identification in the mailing envelope. Mail (if time permits), 1017 deliver, or have delivered the completed affidavit along with 1018 the copy of your identification to your county supervisor of 1019 elections. Be sure there is sufficient postage if mailed and 1020 that the supervisors address is correct. Remember, your 1021 information MUST reach your county supervisor of elections no 1022 later than 5 p.m. on the 2nd day after the election, or your 1023 ballot will not count. 1024 5.Alternatively, you may fax or e-mail your completed 1025 affidavit and a copy of your identification to the supervisor of 1026 elections. If e-mailing, please provide these documents as 1027 attachments. 1028 Section 19.Section 101.6952, Florida Statutes, is amended 1029 to read: 1030 101.6952Vote-by-mail ballots for absent uniformed services 1031 and overseas voters. 1032 (1)If an absent uniformed services voters or an overseas 1033 voters request for an official vote-by-mail ballot pursuant to 1034 s. 101.62 includes an e-mail address, the supervisor of 1035 elections must shall: 1036 (a)Record the voters e-mail address in the vote-by-mail 1037 ballot record; 1038 (b)Confirm by e-mail that the vote-by-mail ballot request 1039 was received and include in that e-mail the estimated date the 1040 vote-by-mail ballot will be sent to the voter; and 1041 (c)Notify the voter by e-mail when the voted vote-by-mail 1042 ballot is received by the supervisor of elections. 1043 (2)(a)An absent uniformed services voter or an overseas 1044 voter who makes timely application for but does not receive an 1045 official vote-by-mail ballot may use the federal write-in 1046 absentee ballot to vote in any federal, state, or local 1047 election. 1048 (b)1.In an election for federal office, an elector may 1049 designate a candidate by writing the name of a candidate on the 1050 ballot. Except for a primary or special primary election, the 1051 elector may alternatively designate a candidate by writing the 1052 name of a political party on the ballot. A written designation 1053 of the political party must shall be counted as a vote for the 1054 candidate of that party if there is such a party candidate in 1055 the race. 1056 2.In a state or local election, an elector may vote in the 1057 section of the federal write-in absentee ballot designated for 1058 nonfederal races by writing on the ballot the title of each 1059 office and by writing on the ballot the name of the candidate 1060 for whom the elector is voting. Except for a primary, special 1061 primary, or nonpartisan election, the elector may alternatively 1062 designate a candidate by writing the name of a political party 1063 on the ballot. A written designation of the political party must 1064 shall be counted as a vote for the candidate of that party if 1065 there is such a party candidate in the race. In addition, the 1066 elector may vote on any ballot measure presented in such 1067 election by identifying the ballot measure on which he or she 1068 desires to vote and specifying his or her vote on the measure. 1069 For purposes of this section, a vote cast in a judicial merit 1070 retention election must shall be treated in the same manner as a 1071 ballot measure in which the only allowable responses are Yes 1072 or No. 1073 (c)In the case of a joint candidacy, such as for the 1074 offices of President/Vice President or Governor/Lieutenant 1075 Governor, a valid vote for one or both qualified candidates on 1076 the same ticket constitutes shall constitute a vote for the 1077 joint candidacy. 1078 (d)For purposes of this subsection and except when the 1079 context clearly indicates otherwise, such as when a candidate in 1080 the election is affiliated with a political party whose name 1081 includes the word Independent, Independence, or a similar 1082 term, a voter designation of No Party Affiliation or 1083 Independent, or any minor variation, misspelling, or 1084 abbreviation thereof, is shall be considered a designation for 1085 the candidate, other than a write-in candidate, who qualified to 1086 run in the race with no party affiliation. If more than one 1087 candidate qualifies to run as a candidate with no party 1088 affiliation, the designation may not count for any candidate 1089 unless there is a valid, additional designation of the 1090 candidates name. 1091 (e)Any abbreviation, misspelling, or other minor variation 1092 in the form of the name of an office, the name of a candidate, 1093 the ballot measure, or the name of a political party must be 1094 disregarded in determining the validity of the ballot. 1095 (3)(a)An absent uniformed services voter or an overseas 1096 voter who submits a federal write-in absentee ballot and later 1097 receives an official vote-by-mail ballot may submit the official 1098 vote-by-mail ballot. An elector who submits a federal write-in 1099 absentee ballot and later receives and submits an official vote 1100 by-mail ballot should make every reasonable effort to inform the 1101 appropriate supervisor of elections that the elector has 1102 submitted more than one ballot. 1103 (b)A federal write-in absentee ballot may not be canvassed 1104 until 7 p.m. on the day of the election. A federal write-in 1105 absentee ballot from an absent overseas voter in a presidential 1106 preference primary or general election may not be canvassed 1107 until the conclusion of the 10-day period specified in 1108 subsection (5). Each federal write-in absentee ballot received 1109 by 7 p.m. on the day of the election must shall be canvassed 1110 pursuant to ss. 101.5614(4) and 101.68, unless the electors 1111 official vote-by-mail ballot is received by 7 p.m. on election 1112 day. Each federal write-in absentee ballot from an absent 1113 overseas voter in a presidential preference primary or general 1114 election received by 10 days after the date of the election must 1115 shall be canvassed pursuant to ss. 101.5614(4) and 101.68, 1116 unless the absent overseas voters official vote-by-mail ballot 1117 is received by 10 days after the date of the election. If the 1118 electors official vote-by-mail ballot is received by 7 p.m. on 1119 election day, or, for an overseas voter in a presidential 1120 preference primary or general election, no later than 10 days 1121 after the date of the election, the federal write-in absentee 1122 ballot is invalid and the official vote-by-mail ballot must 1123 shall be canvassed. The time is shall be regulated by the 1124 customary time in standard use in the county seat of the 1125 locality. 1126 (4)For vote-by-mail ballots received from absent uniformed 1127 services voters or overseas voters, there is a presumption that 1128 the envelope was mailed on the date stated on the outside of the 1129 return envelope, regardless of the absence of a postmark on the 1130 mailed envelope or the existence of a postmark date that is 1131 later than the date of the election. 1132 (5)A vote-by-mail ballot from an absent overseas voter in 1133 any presidential preference primary or general election which is 1134 postmarked or dated no later than the date of the election and 1135 is received by the supervisor of elections of the county in 1136 which the overseas voter is registered no later than 10 days 1137 after the date of the election must shall be counted as long as 1138 the vote-by-mail ballot is otherwise proper. 1139 Section 20.Subsection (6) is added to section 101.71, 1140 Florida Statutes, to read: 1141 101.71Polling place. 1142 (6)A polling place may not be located within a gated 1143 community unless the legal residence of every elector in the 1144 precinct is within such gated community. 1145 Section 21.Paragraph (f) is added to subsection (4) of 1146 section 102.031, Florida Statutes, and subsection (6) is added 1147 to that section to read: 1148 102.031Maintenance of good order at polls; authorities; 1149 persons allowed in polling rooms and early voting areas; 1150 unlawful solicitation of voters. 1151 (4) 1152 (f)A person may provide food, water, and other items to 1153 voters standing in line to vote outside of the no-solicitation 1154 zone. 1155 (6)Bullhorns or other devices used to amplify sound are 1156 prohibited in close proximity to: 1157 (a)A polling place during voting hours. 1158 (b)An office of the supervisor during a recount. 1159 Section 22.Subsection (2) of section 102.111, Florida 1160 Statutes, is amended to read: 1161 102.111Elections Canvassing Commission. 1162 (2)The Elections Canvassing Commission shall meet at 9 1163 a.m. on the 9th day after a primary election to certify the 1164 returns for each federal, state, and multicounty office. The 1165 commission shall meet and at 9 a.m. on the 14th day after a 1166 general election to certify the returns of the election for each 1167 federal, state, and multicounty office. The commission shall 1168 meet at 9 a.m. on the 21st day after a general election to 1169 certify the returns for each federal and state office. If a 1170 member of a county canvassing board that was constituted 1171 pursuant to s. 102.141 determines, within 5 days after the 1172 certification by the Elections Canvassing Commission, that a 1173 typographical error occurred in the official returns of the 1174 county, the correction of which could result in a change in the 1175 outcome of an election, the county canvassing board must certify 1176 corrected returns to the Department of State within 24 hours, 1177 and the Elections Canvassing Commission must correct and 1178 recertify the election returns as soon as practicable. 1179 Section 23.Subsection (2) of section 102.112, Florida 1180 Statutes, is amended to read: 1181 102.112Deadline for submission of county returns to the 1182 Department of State. 1183 (2)Returns must be filed by 5 p.m. on the 7th day after 1184 following a primary election, and by noon on the 12th day after 1185 following the general election for multicounty offices, and by 1186 noon on the 19th day after the general election for federal and 1187 statewide offices. However, the Department of State may correct 1188 typographical errors, including the transposition of numbers, in 1189 any returns submitted to the Department of State pursuant to s. 1190 102.111(2). 1191 Section 24.Section 102.181, Florida Statutes, is created 1192 to read: 1193 102.181Action against supervisor of elections. 1194 (1)Any elector qualified to vote in, or any candidate for 1195 office in, an election may file an action against the supervisor 1196 of elections administering such election for noncompliance with 1197 any provision of this code. 1198 (2)Any elector or candidate who files such an action is 1199 entitled to an immediate hearing. 1200 (3)In any such action, any filing fees or costs must be 1201 waived and attorney fees must be awarded to the prevailing party 1202 or parties. 1203 Section 25.This act shall take effect July 1, 2022.