Florida 2024 Regular Session

Florida House Bill H1669 Compare Versions

Only one version of the bill is available at this time.
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1010 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
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1414 A bill to be entitled 1
1515 An act relating to elections; amending s. 97.021, 2
1616 F.S.; providing a definition; amending s. 101.015, 3
1717 F.S.; requiring the Department of State to adopt rules 4
1818 relating to the security of certain voting procedures; 5
1919 requiring the department to create a certain manual; 6
2020 requiring the department to adopt by rule certain 7
2121 minimum security standards; requiring a county 8
2222 canvassing board to enforce such standards; requiring 9
2323 a county canvassing board to reconcile certain ballots 10
2424 and forms; requiring the department to ado pt rules for 11
2525 the physical security of election materials and 12
2626 technology, absentee vote process reporting and 13
2727 observation, and manual cross -checks for certain 14
2828 systems; amending s. 101.131, F.S.; authorizing 15
2929 political action committees and political committe es 16
3030 to have poll watchers in polling rooms and early 17
3131 voting areas; revising the date before which poll 18
3232 watchers must be designated; revising the information 19
3333 that must be on a poll watcher's identification badge; 20
3434 prohibiting a poll watcher from wearing anoth er poll 21
3535 watcher's identification badge; creating s. 101.132, 22
3636 F.S.; authorizing certain persons to designate 23
3737 watchers for absentee vote processing locations; 24
3838 providing requirements for absentee vote processing 25
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4747 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
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5151 location work areas and the number of watchers who may 26
5252 observe in each area; providing requirements for such 27
5353 watchers; requiring the department to adopt by rule a 28
5454 certain manual; requiring the department to prescribe 29
5555 certain forms; requiring a supervisor of elections to 30
5656 accept certain forms; prohibitin g certain persons from 31
5757 being designated as watchers; providing requirements 32
5858 for watcher identification badges; amending s. 101.21, 33
5959 F.S.; providing requirements for printed ballots and 34
6060 voter certificate envelopes; requiring a supervisor of 35
6161 elections to complete a certain report; requiring a 36
6262 county canvassing board to review and approve such 37
6363 report before an election is certified; amending s. 38
6464 101.545, F.S.; requiring the retention of envelopes, 39
6565 seals, and video recordings for a certain period; 40
6666 authorizing the destruction of certain election 41
6767 materials after a certain audit is completed; amending 42
6868 s. 101.5614, F.S.; requiring certain information to be 43
6969 entered on certain forms; requiring certain hand -44
7070 counted audits; providing requirements for such 45
7171 audits; prohibiting a tabulator from using networking 46
7272 communication hardware; authorizing a supervisor to 47
7373 collect certain data in a certain manner; requiring 48
7474 certain ballots to be duplicated in the presence of 49
7575 certain watchers; authorizing a duplicate to be made 50
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8484 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
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8888 by hand duplication; authorizing certain persons to 51
8989 observe the duplication of ballots; requiring a county 52
9090 canvassing board to convene in the presence of certain 53
9191 parties for certain discussions before certification 54
9292 of the election; amending s. 101.595, F.S.; requir ing 55
9393 a certain audit to be conducted after each election; 56
9494 providing requirements for the audit; requiring the 57
9595 department to adopt rules; amending s. 101.6103, F.S.; 58
9696 requiring a supervisor of elections to mail ballots 59
9797 with certain envelopes; requiring a supe rvisor of 60
9898 elections to use separate postal service billing 61
9999 permits for certain purposes; revising actions an 62
100100 elector must take upon receipt of his or her ballot; 63
101101 providing requirements for a voter certificate 64
102102 envelope; requiring an elector who requests a 65
103103 replacement ballot to provide certain identification; 66
104104 revising the circumstances in which such a ballot is 67
105105 counted; requiring a supervisor of elections to keep 68
106106 such ballots stored in an area secured in a specified 69
107107 manner; amending s. 101.6104, F.S.; requiri ng a ballot 70
108108 to be treated in a certain manner upon county 71
109109 canvassing board receipt of a challenge of a voter 72
110110 certificate envelope or cure affidavit signature; 73
111111 amending s. 101.62, F.S.; requiring a person 74
112112 requesting a vote-by-mail ballot to provide and atte st 75
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121121 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
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125125 to an allowed reason for such request; providing such 76
126126 allowed reasons; requiring voters to provide certain 77
127127 information in certain written requests for vote -by-78
128128 mail ballots; removing certain applicability 79
129129 provisions; providing information that a supervis or of 80
130130 elections must record for each vote -by-mail ballot 81
131131 request; revising a statement that must be marked on 82
132132 certain envelopes; amending s. 101.64, F.S.; revising 83
133133 the specified envelopes that a supervisor of elections 84
134134 must enclose with a vote -by-mail ballot; revising the 85
135135 voter's certificate; amending s. 101.65, F.S.; 86
136136 revising the instructions that a supervisor of 87
137137 elections must enclose with a vote -by-mail ballot; 88
138138 amending s. 101.655, F.S.; requiring a supervisor of 89
139139 elections to provide bipartisan supervise d voting for 90
140140 certain absent electors at the request of certain 91
141141 persons; providing requirements for the transportation 92
142142 and chain of custody for ballots delivered to and 93
143143 completed by certain absent voters; requiring a 94
144144 supervised voting team to verify an elec tor's identity 95
145145 in a certain manner; amending s. 101.68, F.S.; 96
146146 requiring a supervisor of elections to subject a 97
147147 certificate signature, a voter certificate envelope, 98
148148 and ballot material to certain verification; requiring 99
149149 a supervisor of elections to evaluate certain photo 100
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158158 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
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162162 identification in a certain manner; requiring a county 101
163163 canvassing board to complete the canvass of certain 102
164164 ballots within a certain period; requiring a county 103
165165 canvassing board to make certain ballot comparisons 104
166166 according to certain records a nd reports; specifying 105
167167 that certain identification is considered ballot 106
168168 material and must be presented to certain persons; 107
169169 providing that certain envelopes are considered 108
170170 illegal; requiring logs of certain information to be 109
171171 kept; requiring certain material s to be preserved in a 110
172172 specified manner and reviewed for certain purposes; 111
173173 requiring a supervisor of elections to provide direct 112
174174 links to his or her website in certain circumstances; 113
175175 revising the vote-by-mail cure affidavit; authorizing 114
176176 certain persons to inspect certain materials; 115
177177 requiring the review of certain materials in certain 116
178178 circumstances; requiring a supervisor of elections to 117
179179 provide certain persons with certain access to certain 118
180180 ballot materials; prohibiting a supervisor of 119
181181 elections from limiti ng the time available to certain 120
182182 persons to complete a cure affidavit review during 121
183183 certain periods; providing that a ballot for which a 122
184184 cure affidavit protest is rejected shall be counted; 123
185185 requiring county canvassing board minutes to contain 124
186186 certain information; requiring a supervisor of 125
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195195 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
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199199 elections to research certain electors to determine 126
200200 their voter eligibility; providing that certain 127
201201 information must be made available to certain persons; 128
202202 amending s. 101.69, F.S.; revising the process for 129
203203 marking certain returned ballots as canceled; 130
204204 requiring certain materials to be submitted to the 131
205205 Office of Election Crimes and Security for 132
206206 investigation; revising locations at which secure 133
207207 ballot intake stations may be placed; requiring 134
208208 certain daily inspection of secure ballot intake 135
209209 stations during early voting; subjecting a supervisor 136
210210 of elections to a civil penalty in certain 137
211211 circumstances; amending s. 101.6921, F.S.; revising 138
212212 the specified envelopes that a supervisor of elections 139
213213 must enclose with a vote -by-mail ballot; revising the 140
214214 voter's certificate; amending s. 101.6923, F.S.; 141
215215 revising the instructions that a supervisor of 142
216216 elections must enclose with certain vote -by-mail 143
217217 ballots; amending s. 102.012, F.S.; requiring a 144
218218 supervisor of elections to recruit absentee vo te 145
219219 processing workers; requiring such workers to 146
220220 subscribe to an oath or affirmation and meet certain 147
221221 qualifications; amending s. 102.014, F.S.; requiring a 148
222222 supervisor of elections to conduct required training 149
223223 for absentee vote processing workers; requirin g the 150
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232232 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
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236236 department to develop certain uniform training 151
237237 procedures for use by supervisors of elections; 152
238238 requiring such workers to demonstrate a working 153
239239 knowledge of certain laws and procedures; requiring a 154
240240 supervisor of elections to appoint a replacement for 155
241241 such a worker in certain circumstances; prohibiting an 156
242242 absent vote processing worker from working in a work 157
243243 area unless he or she completes certain minimum 158
244244 training requirements; requiring the department to 159
245245 create and adopt by rule an absentee vote process ing 160
246246 procedures manual; providing requirements for such 161
247247 manual; requiring the department to revise the manual 162
248248 as necessary; amending s. 102.141, F.S.; revising 163
249249 county canvassing board composition; authorizing a 164
250250 supervisor of elections to appoint a municipal 165
251251 official as a substitute member of the county 166
252252 canvassing board; requiring a specified quorum of the 167
253253 county canvassing board for certain proceedings; 168
254254 requiring real-time video monitoring of county 169
255255 canvassing board meetings; requiring meeting minutes 170
256256 to be published on the supervisor of elections' 171
257257 website; requiring the county canvassing board to 172
258258 review certain reports each day and take certain 173
259259 actions; requiring the county canvassing board to 174
260260 review certain information before certifying an 175
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269269 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
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273273 election; requiring the county canvassing board to 176
274274 address certain discrepancies in a certain manner; 177
275275 requiring a special election in certain circumstances; 178
276276 authorizing the removal from office of the supervisor 179
277277 of elections in certain circumstances; requiring a 180
278278 manual recount to use original paper ballots and voter 181
279279 certificate envelopes in certain circumstances; 182
280280 revising requirements for a county canvassing board 183
281281 conducting a recount; amending s. 102.166, F.S.; 184
282282 authorizing a candidate to request a manual recount of 185
283283 certain votes after a first set of unofficial returns 186
284284 in certain circumstances; revising the percentage of 187
285285 votes by which a candidate is defeated upon which a 188
286286 manual recount of certain votes is required; providing 189
287287 requirements for such recounts; authorizing certai n 190
288288 governmental entities to request a manual recount in 191
289289 certain circumstances; requiring a certain audit to be 192
290290 conducted upon delivery of a certain petition; 193
291291 providing requirements for such audit; requiring a 194
292292 manual audit in certain races for which a specif ied 195
293293 discrepancy exists; conforming a cross -reference; 196
294294 amending s. 104.21, F.S.; providing that an election 197
295295 worker who changes certain envelope information or 198
296296 markings commits a misdemeanor; providing criminal 199
297297 penalties; providing criminal penalties; creati ng s. 200
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306306 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
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310310 104.291, F.S.; providing that a poll worker who wears 201
311311 the poll worker identification badge of another 202
312312 commits a misdemeanor; providing criminal penalties; 203
313313 amending s. 104.30, F.S.; providing that a person who 204
314314 prints certain ballots or voter certifica te envelopes 205
315315 without authorization commits a felony; providing 206
316316 criminal penalties; providing an effective date. 207
317317 208
318318 Be It Enacted by the Legislature of the State of Florida: 209
319319 210
320320 Section 1. Subsections (25) through (47) of section 211
321321 97.021, Florida Statutes , are renumbered as subsections (26) 212
322322 through (48), respectively, and a new subsection (25) is added 213
323323 to that section, to read: 214
324324 97.021 Definitions. —For the purposes of this code, except 215
325325 where the context clearly indicates otherwise, the term: 216
326326 (25) "Other election system" means any information 217
327327 technology other than a voting system which is used in the 218
328328 election process and which is capable of adding, deleting, or 219
329329 modifying ballots or votes or which stores critical election 220
330330 data. The term includes hosted tec hnologies and service 221
331331 providers that store or have access to critical election data. 222
332332 The term also includes, but is not limited to, the voter 223
333333 registration system, electronic precinct registers, tabulation 224
334334 systems, mail sorters, election night reporting sys tems, ballot 225
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343343 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
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347347 tracking solutions, and future technologies integrated into the 226
348348 election process. 227
349349 Section 2. Subsections (5), (6), and (7) of section 228
350350 101.015, Florida Statutes, are renumbered as subsections (9), 229
351351 (10), and (11), respectively, subsections ( 3) and (4) and 230
352352 present subsection (6) are amended, and new subsections (5), 231
353353 (6), and (7) are added to that section, to read: 232
354354 101.015 Standards for voting systems. — 233
355355 (3) The Department of State shall adopt rules to achieve 234
356356 and maintain the maximum degree of correctness, impartiality, 235
357357 and efficiency, and security of the procedures of in-person and 236
358358 absentee voting, including write -in voting, and of counting, 237
359359 tabulating, and recording votes by voting systems and other 238
360360 election systems used in this state. 239
361361 (4)(a) The Department of State shall adopt rules 240
362362 establishing minimum security standards for voting systems and 241
363363 create an absentee ballot processing manual adopted by rule that 242
364364 is composed of such standards . The standards, at a minimum, must 243
365365 address the following: 244
366366 1. chain of custody of ballots, including chain of custody 245
367367 forms and procedures for ballots returned by mail, secure ballot 246
368368 intake stations, in-person return, or facsimile, which extend 247
369369 through the work areas of the absentee vote counting locatio n 248
370370 and to storage. Chain of custody standards must: 249
371371 1. Enable monitoring of the ballot transport and receiving 250
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380380 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
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384384 process by the county canvassing board and monitoring of 251
385385 precertification audits and postcertification procedural audits. 252
386386 2. Include validatio n and reporting by the county 253
387387 canvassing board on a daily basis during the election that the 254
388388 required chain of custody forms are properly completed, that 255
389389 chain of custody is not broken, that any exceptions are noted 256
390390 with an action plan to resolve, and that sent and received 257
391391 ballot quantities and seals match and are consistent with the 258
392392 seal number ranges and ballot transport container numbers 259
393393 assigned to particular locations. Such validation and reporting 260
394394 shall include objective measures for determining ball ot 261
395395 quantities received at the vote counting location and to 262
396396 determine quantities when moved between work areas of the vote 263
397397 counting location. 264
398398 3. Require that appropriate corrective measures as 265
399399 determined by the department be taken immediately when the ch ain 266
400400 of custody is broken. Such measures must include notification 267
401401 and reasonable steps to correct the issue, employee education, 268
402402 disciplinary actions, reassignment, penalties, or criminal 269
403403 referral. 270
404404 4. Provide definitions for and examples of acts that 271
405405 constitute an excessive transport time; a broken seal; a marking 272
406406 that is not legally binding, such as overwritten data entry 273
407407 without proper notation; missing or disparate ballot quantities; 274
408408 and other circumstances that constitute a broken chain of 275
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417417 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
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421421 custody. 276
422422 5. Prohibit the comingling of absentee ballots from a 277
423423 secure ballot intake station, the United States Postal Service, 278
424424 in-person return at the supervisor's office or vote counting 279
425425 location, or facsimile until the chain of custody validation is 280
426426 completed from each source. 281
427427 6. When return ballot postage is prepaid by a supervisor, 282
428428 require the supervisor to have separate post office billing 283
429429 permits dedicated to and used exclusively for outgoing ballots 284
430430 and returned ballots to enable auditing. Post office bill ing 285
431431 records must be reconciled on a daily basis with the number of 286
432432 absentee ballots sent to and received from the United States 287
433433 Postal Service. The supervisor may not use the post office 288
434434 billing permits required under this sub -subparagraph for mailing 289
435435 of other items. 290
436436 7. When return ballot postage is not prepaid by a 291
437437 supervisor, require the supervisor to employ other means to 292
438438 reconcile the number of completed ballots transported between 293
439439 the post office box and the absentee vote counting location or 294
440440 have the ballots delivered directly to the absentee vote 295
441441 counting location. 296
442442 8. Require that ballots returned by registered mail be 297
443443 accepted and tracked in a log used for auditing purposes, if the 298
444444 supervisor or voter chooses to pay for the service. 299
445445 9. Require chain of custody forms for completed ballots 300
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454454 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
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458458 from secure intake stations to include fields for the following: 301
459459 a. The address of the secure ballot intake station 302
460460 location and ballot transport container number. 303
461461 b. Date and time. 304
462462 c. Verification that th e secure ballot intake station was 305
463463 empty at the beginning of the day with one verifier from each 306
464464 major political party who shall sign and print his or her name 307
465465 and then write either "empty" or " not empty" to reflect the 308
466466 state in which he or she found the intake receptacle. 309
467467 d. The printed names and signatures of two persons who 310
468468 count the ballots in the secure ballot intake station for 311
469469 transport at the close of the day's authorized voting hours, 312
470470 place the ballots in an assigned ballot transport container, and 313
471471 place a seal on the ballot transport container. 314
472472 e. The seal number placed on the ballot transport 315
473473 container. 316
474474 f. The printed names and signatures of two transporters 317
475475 accepting custody of the sealed voter certificate envelopes and 318
476476 the seal number observed. 319
477477 g. The transport vehicle type and license plate number. 320
478478 h. Transporter departure time, the seal number on the 321
479479 ballot transport container, and checkbox that the seal is intact 322
480480 at the handoff. 323
481481 i. The printed names and signatures of two vote coun ting 324
482482 center staff accepting custody of the voter certificate 325
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491491 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
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495495 envelopes from transporters, the date, time, the seal number, 326
496496 checkbox that the seal is intact, the quantity counted and 327
497497 method used to count. 328
498498 j. The ballot transport container number. 329
499499 k. Explanations for form anomalies or missing data, 330
500500 including excessive transport times, which includes any 331
501501 documented period of transport that exceeds 12 hours. 332
502502 10. Require the supervisor to be notified if a ballot is 333
503503 found in the secure ballot intake station at the beginning of 334
504504 the day. The supervisor shall research the origin of the ballot 335
505505 and if the supervisor determines that the ballot was placed in 336
506506 the intake receptacle during authorized voting hours during the 337
507507 previous day, the ballot shall be processed. If the supervisor 338
508508 determines that the ballot was placed in the intake receptacle 339
509509 outside of authorized voting hours or that the ballot envelope 340
510510 does not display a valid county election serial number, the 341
511511 supervisor shall notify the voter that his or her b allot may not 342
512512 be counted unless it is cured, send the voter instructions to 343
513513 complete a cure affidavit, and refer the matter to the Office of 344
514514 Election Crimes and Security for investigation. 345
515515 11. Provide that the facsimile used to send and receive 346
516516 uniformed and overseas voter ballots may only be used for that 347
517517 function, and the facsimile transmission logs shall be printed 348
518518 daily, retained, and made available to the county canvassing 349
519519 board, state and county inspectors and auditors, and public 350
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528528 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
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532532 watchers. 351
533533 12. Require the maintenance of ballot -on-demand print 352
534534 logs. The logs must be made available to the county canvassing 353
535535 board, state and county inspectors and auditors, and public 354
536536 watchers. 355
537537 13. Require, after the county canvassing board completes 356
538538 the daily validation of the chain of custody, the number of 357
539539 absentee ballots received at the vote counting location by 358
540540 source to be posted daily on the supervisor's website. Any chain 359
541541 of custody or validation issues must be noted in the daily chain 360
542542 of custody report, ente red into the county canvassing board's 361
543543 minutes, and reported to the department. 362
544544 14. Require each ballot and envelope to have a unique 363
545545 county election serial number. The unique county election serial 364
546546 number must include at least 11 digits. The first 2 dig its must 365
547547 identify the county and the next 4 digits must identify the 366
548548 month and year of the election. Such numbers may not be repeated 367
549549 for 5 years. A supervisor must ensure that vendors are properly 368
550550 allocated distinct ranges of numbers and that produced mat erials 369
551551 contain only the allocated ranges of numbers before the ballots 370
552552 and envelopes are mailed. Additional security measures must be 371
553553 implemented to protect ballots from being illegally duplicated, 372
554554 distributed, or inserted, including the sourcing of ballot s and 373
555555 envelopes to separate vendors. 374
556556 (b) The standards included in the absentee ballot 375
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565565 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
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569569 processing manual shall be enforced by the county canvassing 376
570570 board before opening voter certificate envelopes and by audit 377
571571 before election certification with disciplin ary penalties for 378
572572 noncompliance. The county canvassing board manual must include 379
573573 monitoring of the chain of custody of ballots and portable 380
574574 storage media, manual cross -check reports, and manual count 381
575575 procedures. 382
576576 (c) Before certifying an election, the cou nty canvassing 383
577577 board shall reconcile the number of ballots transported from 384
578578 secure ballot intake stations, the United States Postal Service, 385
579579 in-person return at the supervisor's office or vote counting 386
580580 location, and facsimile with the number of absentee ba llots 387
581581 counted. The county canvassing board shall also reconcile the 388
582582 chain of custody forms with the number of ballots transported 389
583583 from the vote counting location to storage and the number of 390
584584 ballots counted. Both reconciliation reports require approval by 391
585585 the Department of State before certification of the election and 392
586586 must be promptly published on the supervisor's website. 393
587587 (5) The Department of State shall develop rules for the 394
588588 physical security of election materials and technology, which 395
589589 must include all of the following: 396
590590 (a) Standards for building security at absentee vote 397
591591 counting locations. Electronic badge access must be required to 398
592592 gain access to the absentee vote counting location and to secure 399
593593 storage areas within the building. All employees and visitors, 400
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602602 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
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606606 including vendors, must be required to visibly wear photo 401
607607 identification badges at all times. 402
608608 (b) An absentee vote counting location must be in the 403
609609 supervisor of election's office or a standalone building that 404
610610 may include gated fencing. Absent ee vote counting locations must 405
611611 have video surveillance of all building and parking lot entries 406
612612 and exits. 407
613613 (c) Cable and other ports must be sealed on all systems 408
614614 left unattended overnight at any early voting location. 409
615615 (d) Secure ballot intake station standards which require 410
616616 the secure ballot intake station to be located inside polling 411
617617 places or main and, if used, branch offices of a supervisor. A 412
618618 supervisor may only use a brand or model of secure ballot intake 413
619619 station that the Department of State has c ertified as secure. 414
620620 Secure ballot intake stations must be inspected and audited by 415
621621 bipartisan state or county teams accompanied by public watchers. 416
622622 (e) Ballots must be transported by at least two persons, 417
623623 each representing a different major political par ty. A duplicate 418
624624 copy of the ballot transport form must be placed inside the 419
625625 ballot transport container before the container is sealed. 420
626626 (f) Once received at a vote counting location, a sealed 421
627627 ballot transport container must be stored in a secured area 422
628628 under video surveillance and only accessible by electronic badge 423
629629 access. Compliance shall be validated by the county canvassing 424
630630 board with public observation. 425
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639639 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
640640
641641
642642
643643 (g) A prohibition of the opening of any sealed container 426
644644 of completed ballots without observati on by members of both 427
645645 major parties and the public. 428
646646 (h) Portable storage media must be stored in a secured 429
647647 area under video surveillance and only accessible by electronic 430
648648 badge access. 431
649649 (i) Chain of custody of ballots, including a detailed 432
650650 description of forms and procedures to create a complete record 433
651651 of custody of ballots and paper outputs, must begin with the 434
652652 ballot design and the receipt of ballots from all sources until 435
653653 such time as the ballots are destroyed. 436
654654 (6) The Department of State shall adop t rules providing 437
655655 absentee vote process reporting and observation requirements of 438
656656 the supervisor of elections to state, county, and public 439
657657 preelection inspectors, election monitors, preelection 440
658658 certification audits, and postelection certification procedura l 441
659659 audits. The rules shall include: 442
660660 (a) Reporting during and after the election cycle. 443
661661 (b) Video viewing, video streaming of all ballot 444
662662 processing, video recording storage, and public records requests 445
663663 for video recordings. 446
664664 (c) In-person observation. 447
665665 (d) United States Postal Service liaison and monitoring. 448
666666 (e) A ballot accounting report that shall be completed by 449
667667 the supervisor and reviewed by the canvassing board before 450
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676676 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
677677
678678
679679
680680 election certification. The ballot accounting report shall 451
681681 reconcile: 452
682682 1. The number of ballots tabulated in precincts, the 453
683683 number of voters that checked in, and the number of ballots 454
684684 counted during each day of early voting and election day. 455
685685 2. The number of absentee ballots tabulated in the 456
686686 absentee vote processing location each day and the chain of 457
687687 custody form ballot totals from secure ballot intake stations, 458
688688 the United States Postal Service, facsimile logs, and in -person 459
689689 drop off each day. 460
690690 3. The number of absentee ballots mailed out equals the 461
691691 number of outbound ballots bill ed by the post office. 462
692692 4. The number of ballots acquired or printed, including 463
693693 ballot-on-demand ballots, equals the number of ballots used, 464
694694 unused, spoiled, duplicated, and unreturned. 465
695695 (f) Audits must be conducted by bipartisan state and 466
696696 county audit teams with public observation to confirm that the 467
697697 required chain of custody forms and processes are in compliance. 468
698698 Such audits shall include examination of post office billing 469
699699 records, fax logs, and chain of custody forms. The rules must 470
700700 provide for disciplinary actions and criminal referrals when 471
701701 appropriate. The rules shall require that if it is determined in 472
702702 a postcertification audit that the number of ballots involved in 473
703703 chain of custody breaches in an election exceed the margin of 474
704704 victory in any race in that election, such race shall be deemed 475
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713713 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
714714
715715
716716
717717 invalid and a special election must be held to fill the office 476
718718 in accordance with chapter 100. If an audit failure is 477
719719 determined to be due to chain of custody mismanagement, an audit 478
720720 failure report shall be generat ed by the Secretary of State and 479
721721 made available to the public and the supervisor may be 480
722722 disciplined or removed from office. 481
723723 (7) The Department of State shall adopt rules that include 482
724724 manual cross-checks for legacy systems and systems that have 483
725725 networking or other communication capability to ensure that such 484
726726 systems have not been compromised by unauthorized changes in 485
727727 settings, data manipulation, or malware. The rules must include: 486
728728 (a) Early voting sites shall reconcile and report daily at 487
729729 the close of authorized voting hours the: 488
730730 1. Number of ballots tabulated by precinct tabulator as 489
731731 calculated by subtracting the cumulative tabulator count at the 490
732732 end of the prior day from the cumulative count of the current 491
733733 day. 492
734734 2. Number of completed ballots process ed through the 493
735735 precinct tabulator and transported to storage. 494
736736 3. Number of voters who checked in to the precinct. 495
737737 4. Number of blank ballots processed through precinct 496
738738 tabulator. All blank ballots must be placed in a separate 497
739739 envelope to enable auditin g. 498
740740 (b) After the polls are closed on the first day of early 499
741741 voting and on election day, precinct poll workers shall conduct 500
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750750 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
751751
752752
753753
754754 a hand-count audit of both a randomly chosen race and the race 501
755755 for the highest office on the ballot. In view of the public, 502
756756 ballots shall be placed in stacks according to the candidate 503
757757 chosen on the ballots for that race. Those ballots shall be 504
758758 hand-counted by a poll worker from each of the two largest 505
759759 political parties and the candidate choice verified. This 506
760760 process must be repeated as necessary until the hand count 507
761761 totals from each poll worker match. Hand count totals must be 508
762762 noted and compared to the machine count. Any discrepancies must 509
763763 be flagged and reported to the supervisor of elections office 510
764764 and posted for the public. The su pervisor must verify any 511
765765 discrepancies over the next 3 days with interested members of 512
766766 the public and at least one person from each major political 513
767767 party present. If the supervisor determines that there is a 514
768768 discrepancy, all ballots for the entire precinct must be hand 515
769769 counted and those results, once verified, shall override the 516
770770 machine count. 517
771771 (c) During each day of absentee ballot canvassing, 518
772772 election workers shall at least once daily conduct hand -count 519
773773 cross-checks for each tabulator of a randomly chose n race on 520
774774 batches of ballots. In view of the public, ballots must be 521
775775 placed in stacks according to the candidate chosen on the 522
776776 ballots for that race. Those ballots shall be hand counted and 523
777777 verified and any discrepancies flagged, reported, and verified 524
778778 according to the process required under paragraph (b). If the 525
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787787 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
788788
789789
790790
791791 supervisor determines that there is a discrepancy, all ballots 526
792792 for the entire precinct must be hand counted and those results, 527
793793 once verified, shall override the machine count. Any tabulator 528
794794 that produces erroneous results must be taken out of service 529
795795 until the cause of the error is determined and corrected. When 530
796796 random batches are analyzed the contents of output sorter bins 531
797797 must be inspected to validate proper sorting. 532
798798 (d) If an automated signatur e verification system is used, 533
799799 the settings must be verified and documented four times each 534
800800 day. The settings shall be corrected if the settings are found 535
801801 to be out of compliance. After such verification and, if 536
802802 necessary, correction, signatures on 20 vote r certificates must 537
803803 be compared manually to determine if the signature verification 538
804804 algorithm is functioning properly. If there is a discrepancy, 539
805805 signatures must be verified manually until the system is 540
806806 replaced or the cause of the issue is determined and corrected. 541
807807 The employee performing this verification must sign and print 542
808808 his or her name, the date, the time, and the outcome. 543
809809 (e) If an automated target duplication is utilized, four 544
810810 times each day, 20 original ballots must be compared to the 545
811811 original ballot displayed on the duplication machine console to 546
812812 ensure that the ballot is correctly displayed. If the display is 547
813813 inconsistent, duplication must be completed manually until the 548
814814 cause of the issue is determined and corrected. 549
815815 (f) If an outbound mail assembly and sorter is used, the 550
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824824 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
825825
826826
827827
828828 transfer of outgoing ballots from the dock shall be under video 551
829829 surveillance. After each batch is assembled and sorted, the 552
830830 batch report quantity must be compared to the number of ballots 553
831831 received at the dock as determined by weight. 554
832832 (g) If an inbound mail sorter is utilized, the number of 555
833833 inbound envelopes processed daily must be compared to the number 556
834834 of ballots received at the dock as documented in chain of 557
835835 custody forms from secure ballot intake stations and the United 558
836836 States Postal Service. 559
837837 (h) The voter registration database must be analyzed 560
838838 monthly for registration anomalies. Any anomalies shall be 561
839839 investigated and corrected. The database must be backed up daily 562
840840 using a method that preserves the history of any chan ges made in 563
841841 a manner that allows for restoration to previous versions of the 564
842842 history at any time. The supervisor shall use a department -565
843843 approved storage device that uses technologies such as write 566
844844 once, read many, or "WORM," as appropriate. The supervisor must 567
845845 immediately, automatically, and securely transmit to the 568
846846 department an identical copy of the database backup. The 569
847847 supervisor and the department must each retain the database 570
848848 backup for at least 5 years. Such backups may be used by 571
849849 internal auditors, i ndependent third party auditors, major 572
850850 political parties, and the public for the purpose of auditing 573
851851 voter registration transactions. 574
852852 (i) Any changes or additions made in the 60 -day period 575
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861861 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
862862
863863
864864
865865 preceding election day must be tracked and audited by an 576
866866 independent auditor. Audit reports shall be made available to 577
867867 the public at no charge and must include mode and location of 578
868868 unauthorized new registrations, registration updates, or 579
869869 deletions occurring in the 60 -day period preceding election day, 580
870870 and the voted status of every registrant registered to vote in 581
871871 the election. A person may not be removed from the voter roll 582
872872 until the audit is complete. An archived dataset shall be 583
873873 maintained of persons removed from the voter roll which includes 584
874874 each person's voting histo ry for auditing purposes. The archived 585
875875 dataset shall be included on request with any distribution of 586
876876 the voter roll. 587
877877 (j) If new technologies are tested during an election, the 588
878878 supervisor shall post, in a conspicuous location visible to the 589
879879 public within the vote counting center and all election 590
880880 locations, a notice providing the location, date, and time of 591
881881 such testing. All machines and election equipment in testing 592
882882 shall clearly be labeled as such. 593
883883 (k) Procedures for manual counts, which must include fo r 594
884884 video recording and public observation. a detailed description 595
885885 of procedures to create a complete written record of the chain 596
886886 of custody of ballots and paper outputs beginning with their 597
887887 receipt from a printer or manufacturer until such time as they 598
888888 are destroyed. 599
889889 2. Transport of ballots, including a description of the 600
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898898 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
899899
900900
901901
902902 method and equipment used and a detailed list of the names of 601
903903 all individuals involved in such transport. 602
904904 3. Ballot security, including a requirement that all 603
905905 ballots be kept in a locke d room in the supervisor's office, a 604
906906 facility controlled by the supervisor or county canvassing 605
907907 board, or a public place in which the county canvassing board is 606
908908 canvassing votes until needed for canvassing and returned 607
909909 thereafter. 608
910910 (8)(a)(b)1. Each supervisor shall establish written 609
911911 procedures to assure accuracy and security in his or her county, 610
912912 including procedures related to early voting pursuant to s. 611
913913 101.657. Such procedures shall be reviewed in each odd -numbered 612
914914 year by the department. 613
915915 (b)2. Each supervisor shall submit any revisions to the 614
916916 security procedures to the department at least 45 days before 615
917917 early voting commences pursuant to s. 101.657 in an election in 616
918918 which they are to take effect. 617
919919 (10)(6) All electronic and electromechanical voting 618
920920 systems purchased on or after January 1, 1990, must meet the 619
921921 minimum standards established under subsection (1). All 620
922922 electronic and electromechanical voting systems in use on or 621
923923 after July 1, 1993, must meet the minimum standards established 622
924924 under subsection (1) or subsection (9) (5). 623
925925 Section 3. Subsections (1), (2), and (5) of section 624
926926 101.131, Florida Statutes, are amended to read: 625
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935935 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
936936
937937
938938
939939 101.131 Watchers at polls. — 626
940940 (1) Each political party , political action committee, 627
941941 political committee, and each candidate may have one watcher in 628
942942 each polling room or early voting area at any one time during 629
943943 the election. A political committee formed for the specific 630
944944 purpose of expressly advocating the passage or defeat of an 631
945945 issue on the ballot may have one watche r for each polling room 632
946946 or early voting area at any one time during the election. A No 633
947947 watcher may shall be permitted to come as close closer to the 634
948948 officials' table, tabulator, secure ballot intake station, or 635
949949 the voting booths as than is reasonably necessary to properly 636
950950 perform his or her functions, and but each shall be allowed 637
951951 within the polling room or early voting area to watch and 638
952952 observe the conduct of electors and officials. The poll watchers 639
953953 shall furnish their own materials and necessities and sh all not 640
954954 obstruct the orderly conduct of any election. The poll watchers 641
955955 shall pose any questions regarding polling place procedures 642
956956 directly to the clerk for resolution. Poll watchers They may not 643
957957 interact with voters. Each poll watcher shall be a qualifie d and 644
958958 registered elector of the county in which he or she serves. 645
959959 (2) Each political party, political action committee, each 646
960960 political committee, and each candidate requesting to have poll 647
961961 watchers shall designate, in writing to the supervisors of 648
962962 elections, on a form prescribed by the division, before noon of 649
963963 the second Tuesday preceding the election poll watchers for each 650
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972972 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
973973
974974
975975
976976 polling room on election day. Designations of poll watchers for 651
977977 early voting areas shall be submitted in writing to the 652
978978 supervisor of elections, on a form prescribed by the division, 653
979979 before noon on the 5th business day at least 14 days before 654
980980 early voting begins. The poll watchers for polling rooms shall 655
981981 be approved by the supervisor of elections on or before the 656
982982 Tuesday before the elec tion. Poll watchers for early voting 657
983983 areas shall be approved by the supervisor of elections no later 658
984984 than 7 days before early voting begins. The supervisor shall 659
985985 furnish to each election board a list of the poll watchers 660
986986 designated and approved for such po lling rooms or early voting 661
987987 areas. Designation of poll watchers shall be made by the chair 662
988988 of the county executive committee of a political party, the 663
989989 chair of a political action committee, the chair of a political 664
990990 committee, or the candidate requesting to have poll watchers. 665
991991 (5) The supervisor of elections shall provide to each 666
992992 designated poll watcher an identification badge which identifies 667
993993 the poll watcher by first name and last initial. Each poll 668
994994 watcher must wear his or her identification badge while 669
995995 performing his or her duties. A poll watcher may not wear 670
996996 another poll watcher's identification badge. A poll watcher who 671
997997 wears another poll watcher's identification badge shall be 672
998998 reported to the supervisor and may be removed from the premises 673
999999 for the day. 674
10001000 Section 4. Section 101.132, Florida Statutes, is created 675
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10091009 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
10101010
10111011
10121012
10131013 to read: 676
10141014 101.132 Watchers at absentee vote processing locations. — 677
10151015 (1) Each political party, political action committee, 678
10161016 political committee, and candidate may designate one absentee 679
10171017 vote processing watcher to observe in each of the following work 680
10181018 areas of the absentee vote counting location or any other 681
10191019 location at any time during the election process where the 682
10201020 following functions are performed: 683
10211021 (a) Outgoing ballot assembly, sorting, and mailing. 684
10221022 (b) Secure ballot intake stations. 685
10231023 (c) Transport vehicle loading and unloading. 686
10241024 (d) Incoming ballot receiving and sorting. 687
10251025 (e) An automated voter certificate envelope signature 688
10261026 verification process. 689
10271027 (f) A manual voter certificate envelop e signature review 690
10281028 process. 691
10291029 (g) Staff signature review of cure affidavits. 692
10301030 (h) Voter certificate envelope opening. 693
10311031 (i) Duplication. 694
10321032 (j) Tabulation. 695
10331033 (2)(a) Each work area shall be designed and arranged in 696
10341034 advance by the supervisor to provide adequ ate space for at least 697
10351035 four watchers at any given time. Different watchers may observe 698
10361036 simultaneously on behalf of a candidate, political party, 699
10371037 political action committee, or political committee in different 700
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10461046 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
10471047
10481048
10491049
10501050 work areas. 701
10511051 (b) If more than two party, polit ical action committee, 702
10521052 political committee, or candidate watchers are designated to 703
10531053 observe in a specified work area with limited space in the same 704
10541054 time period, the first two watchers from each major party for 705
10551055 which designations are received shall be allow ed to observe. 706
10561056 (c) Two public watchers may also be present in each work 707
10571057 area at any given time. If more than two public watchers request 708
10581058 to observe in a specified work area with limited space in the 709
10591059 same time period, the first two watchers from different 710
10601060 political parties for which requests are received shall be 711
10611061 allowed to observe. 712
10621062 (d) If a work area is not large enough to accommodate at 713
10631063 least four watchers, the supervisor may employ alternate methods 714
10641064 to enable meaningful observation by a watcher, inclu ding the use 715
10651065 of video, mirrored displays, cat walks, or viewing windows. The 716
10661066 department must provide criteria for determining whether an 717
10671067 alternate observation method enables meaningful observation. 718
10681068 (e) When direct observation of manual processes or machine 719
10691069 operators is conducted, each work area is limited to one watcher 720
10701070 for each staff member conducting operations. 721
10711071 (f) Work area watchers may come as close as is reasonably 722
10721072 necessary to properly observe workers and technology without 723
10731073 impeding workflow. The absentee vote processing location 724
10741074 watchers shall furnish their own materials and necessities and 725
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10831083 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
10841084
10851085
10861086
10871087 may not obstruct the orderly conduct of any election. Watchers 726
10881088 shall pose any questions regarding absentee vote processing 727
10891089 procedures directly to the wor k area supervisor for resolution. 728
10901090 Watchers may not provide work direction to absentee vote 729
10911091 processing personnel, but may occasionally ask questions for 730
10921092 understanding and offer personal greetings. Each watcher must be 731
10931093 a qualified and registered elector of t he county in which he or 732
10941094 she serves. The department must establish a telephone hotline 733
10951095 through which a watcher may report violations of law, including 734
10961096 required security standards, and submit a work ticket to a state 735
10971097 official. 736
10981098 (g) The department shall adopt by rule an absentee vote 737
10991099 processing manual that includes guidelines for meaningful 738
11001100 observation and reporting for all methods of observation. 739
11011101 (3)(a) The department shall prescribe an absentee vote 740
11021102 processing watcher request form that allows a person to request 741
11031103 to serve as an absentee vote processing watcher at any given 742
11041104 location and an absentee vote processing watcher designation 743
11051105 form that allows a candidate, political action committee, 744
11061106 political committee, or political party to designate a watcher 745
11071107 for a specific work area. 746
11081108 (b) A request to serve as a watcher for candidate, 747
11091109 political action committee, political committee, or political 748
11101110 party shall be accepted by the supervisor if received at least 5 749
11111111 days, including weekends, before the first day of r equested 750
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11201120 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
11211121
11221122
11231123
11241124 observation. A watcher may complete a form for multiple 751
11251125 candidates, political action committees, political committees, 752
11261126 or political parties. A watcher is not required to be a member 753
11271127 of or align with a political party to observe vote processing 754
11281128 activities. 755
11291129 (c) Public requests to be absentee vote processing 756
11301130 watchers shall be accepted by the supervisor if received at 757
11311131 least 5 days, including weekends, before the first day of 758
11321132 requested observation. A watcher may alternate between work 759
11331133 areas and participate on any day of the absentee vote counting 760
11341134 process without notice. 761
11351135 (d) Different watchers may observe election activities 762
11361136 occurring simultaneously on behalf of any candidate, political 763
11371137 party, political action committee, or political committee. A 764
11381138 watcher who has previously completed an absentee vote processing 765
11391139 watcher request form that is filed with the supervisor may 766
11401140 substitute for another watcher without prior notice. 767
11411141 (e) A watcher may be relieved by another watcher 768
11421142 designated for the same politica l party, political action 769
11431143 committee, political committee, or candidate whenever necessary. 770
11441144 (f) The supervisor shall furnish to each canvassing board 771
11451145 member a list of watchers for whom an absentee vote processing 772
11461146 watcher request form has been approved and for whom an absentee 773
11471147 vote processing watcher designation form has been received. 774
11481148 Designation forms shall be completed by the chair of the county 775
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11571157 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
11581158
11591159
11601160
11611161 executive committee of each political party, chair of a 776
11621162 political action committee, chair of a political commi ttee, or 777
11631163 candidate. 778
11641164 (4) No candidate or sheriff, deputy sheriff, police 779
11651165 officer, or other law enforcement officer may be designated as 780
11661166 an absentee vote processing watcher. 781
11671167 (5) An absentee vote processing watcher may enter into and 782
11681168 watch operations in a ny work area listed in subsection (1) if 783
11691169 the number of watchers in the work area does not exceed the 784
11701170 number recommended by the department or the voting center 785
11711171 capacity safety recommendations by the local fire department. 786
11721172 (6) The supervisor of elections s hall provide to each 787
11731173 designated absentee vote processing watcher an identification 788
11741174 badge that identifies the watcher by first name and last 789
11751175 initial. Each watcher must wear his or her identification badge 790
11761176 while performing his or her duties. The designated a bsentee vote 791
11771177 processing watcher badge must be surrendered to the supervisor 792
11781178 at the end of the day. 793
11791179 Section 5. Section 101.21, Florida Statutes, is amended to 794
11801180 read: 795
11811181 101.21 Official ballots; number; printing; payment. — 796
11821182 (1) Where applicable, The supervisor of elections shall 797
11831183 determine the actual number of ballots and voter certificate 798
11841184 envelopes to be printed for each election. The ballots and voter 799
11851185 certificate envelopes must be sourced from different vendors and 800
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11941194 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
11951195
11961196
11971197
11981198 the voter certificate envelopes must hav e serial numbers or 801
11991199 other markings that may be used to detect unauthorized printing 802
12001200 or submission of illegal envelopes . 803
12011201 (2) The supervisor of elections must complete a ballot, 804
12021202 envelope, and seal accounting report before an election may be 805
12031203 certified. The ballot, envelope, and seal accounting report must 806
12041204 reconcile the number of ballots printed by an official printer 807
12051205 or in-house with the number of ballots: 808
12061206 (a) Distributed to absentee voters. 809
12071207 (b) Distributed to in -person voting sites. 810
12081208 (c) Completed and received from absentee voters. 811
12091209 (d) Completed and received from in -person voting sites. 812
12101210 (e) Distributed but not returned from absentee voters. 813
12111211 (f) Distributed and returned unvoted from in -person voting 814
12121212 sites. 815
12131213 (g) Not distributed. 816
12141214 (h) Spoiled. 817
12151215 (i) Used for duplication. 818
12161216 (j) Placed in storage at the end of the election as voted 819
12171217 or unvoted. 820
12181218 (3) Review and approval of the ballot, envelope, and seal 821
12191219 accounting report shall be completed and reconciled by the 822
12201220 county canvassing board before the electi on is certified and by 823
12211221 a state or county auditing team after the election is certified. 824
12221222 Purchase order records of marksense paper, ballots, and 825
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12311231 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
12321232
12331233
12341234
12351235 envelopes as well as print -on-demand and facsimile records shall 826
12361236 be made available to auditors and the public at no charge. 827
12371237 (4) The printing and delivery of ballots and cards of 828
12381238 instruction shall, in a municipal election, be paid for by the 829
12391239 municipality, and in all other elections by the county. 830
12401240 Section 6. Section 101.545, Florida Statutes, is amended 831
12411241 to read: 832
12421242 101.545 Retention and destruction of certain election 833
12431243 materials.—All ballots, envelopes, seals, video recordings, 834
12441244 forms, and other election materials shall be retained in the 835
12451245 custody of the supervisor of elections for a minimum of 22 836
12461246 months after an election and in accordance with the schedule 837
12471247 approved by the Division of Library and Information Services of 838
12481248 the Department of State. All unused ballots, envelopes, seals, 839
12491249 forms, and other election materials may, with the approval of 840
12501250 the Department of State, be destroyed by the supervisor after 841
12511251 the election for which such ballots, envelopes, seals, forms, or 842
12521252 other election materials were to be used after a 843
12531253 postcertification audit is completed and published on the 844
12541254 supervisor's website . 845
12551255 Section 7. Section 101.5614, Florida Statutes, is amended 846
12561256 to read: 847
12571257 101.5614 Canvass of returns. — 848
12581258 (1) As soon as the polls are closed, the election board 849
12591259 shall secure the voting devices against further voting. The 850
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12681268 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
12691269
12701270
12711271
12721272 election board shall thereafter, in the presence of members of 851
12731273 the public desiring to witness the proceedings, verify the 852
12741274 number of voted ballots, unused ballots, provisional b allots, 853
12751275 and spoiled ballots to ascertain whether such number corresponds 854
12761276 with the number of ballots issued by the supervisor. If there is 855
12771277 a difference, this fact shall be reported in writing to the 856
12781278 county canvassing board with the reasons therefor if known . The 857
12791279 total number of voted ballots shall be entered on the forms 858
12801280 provided. The number of ballots processed through the tabulator 859
12811281 on election day, the number of blank ballots processed through 860
12821282 the tabulator, and the number of persons checking in at the 861
12831283 precinct shall also be entered on the forms provided. Precinct 862
12841284 poll workers shall then conduct a hand -count audit of a randomly 863
12851285 chosen race. Ballots must be placed in stacks according to the 864
12861286 candidate chosen on the ballots for that race. Those ballots 865
12871287 shall be hand-counted by two poll workers from different 866
12881288 political parties and candidate choice verified in the process. 867
12891289 Totals shall be noted and compared to the machine count. Any 868
12901290 discrepancies must be flagged and reported to the supervisor of 869
12911291 elections office and noted on the poll tape posted for the 870
12921292 public. The supervisor must verifying any discrepancies over the 871
12931293 next 3 days with interested members of the public and a member 872
12941294 of each party present. If the supervisor determines that there 873
12951295 is a discrepancy, all b allots for the entire precinct must be 874
12961296 hand counted using the original paper ballots and those results, 875
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13051305 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
13061306
13071307
13081308
13091309 once verified, shall override the machine counts. The number of 876
13101310 tickets printed to receive ballots must be compared with the 877
13111311 number of persons noted by the electronic precinct register 878
13121312 system as checked in and any discrepancies must be resolved or 879
13131313 documented. The proceedings of the election board at the 880
13141314 precinct after the polls have closed shall be open to the 881
13151315 public; however, no person except a member of the election board 882
13161316 shall touch any ballot or ballot container or interfere with or 883
13171317 obstruct the orderly count of the ballots. 884
13181318 (2) The results of ballots tabulated at precinct locations 885
13191319 may be provided to the county canvassing board transmitted to 886
13201320 the main computer system for the purpose of reconciliation of 887
13211321 chain of custody and compilation of complete returns. The 888
13221322 tabulator may not use networking communication hardware. 889
13231323 However, the supervisor may collect preliminary precinct 890
13241324 election results data from t abulators using a portable storage 891
13251325 device secure from manipulation, such as a write once, read 892
13261326 many, or "WORM," device, and insert the data into a secure 893
13271327 computer dedicated to transmitting such data to the elections 894
13281328 office. The security guidelines for tran smission of returns 895
13291329 shall conform to rules adopted by the Department of State 896
13301330 pursuant to s. 101.015. 897
13311331 (3) For each ballot or ballot image on which write -in 898
13321332 votes have been cast, the canvassing board shall compare the 899
13331333 write-in votes with the votes cast on the ballot; if the total 900
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13421342 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
13431343
13441344
13451345
13461346 number of votes for any office exceeds the number allowed by 901
13471347 law, such votes shall not be counted. All valid votes shall be 902
13481348 tallied by the canvassing board. 903
13491349 (4)(a) If any vote-by-mail ballot is physically damaged so 904
13501350 that it cannot properly be counted by the voting system's 905
13511351 automatic tabulating equipment, a true duplicate copy shall be 906
13521352 made of the damaged ballot in an open and accessible room in the 907
13531353 presence of watchers from at least two different political 908
13541354 parties witnesses and substituted for the damaged ballot. 909
13551355 Likewise, a duplicate ballot shall be made of a vote -by-mail 910
13561356 ballot containing an overvoted race if there is a clear 911
13571357 indication on the ballot that the voter has made a definite 912
13581358 choice in the overvoted race or ballot measu re. A duplicate 913
13591359 shall include all valid votes as determined by the canvassing 914
13601360 board based on rules adopted by the division pursuant to s. 915
13611361 102.166(8) s. 102.166(4). A duplicate may be made of a ballot 916
13621362 containing an undervoted race or ballot measure if there is a 917
13631363 clear indication on the ballot that the voter has made a 918
13641364 definite choice in the undervoted race or ballot measure. A 919
13651365 duplicate may not include a vote if the voter's intent in such 920
13661366 race or on such measure is not clear. Upon request, candidates, 921
13671367 political party officials, and political committee officials, 922
13681368 and authorized designees thereof, and public watchers a 923
13691369 physically present candidate, a political party official, a 924
13701370 political committee official, or an authorized designee thereof, 925
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13791379 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
13801380
13811381
13821382
13831383 must be allowed to observe the duplication of ballots upon 926
13841384 signing an affidavit affirming his or her acknowledgment that 927
13851385 disclosure of election results discerned from observing the 928
13861386 ballot duplication process while the election is ongoing is a 929
13871387 felony, as provided under subsection (8). The observer must be 930
13881388 allowed to observe the duplication of ballots in such a way that 931
13891389 the observer is able to see the markings on each ballot and the 932
13901390 duplication taking place. All duplicate ballots must be clearly 933
13911391 labeled "duplicate," bear a serial number which shall be 934
13921392 recorded on the defective ballot, and be counted in lieu of the 935
13931393 defective ballot. The duplication of ballots must happen in the 936
13941394 presence of at least one canvassing board member and watchers 937
13951395 from at least two diff erent political parties . After a ballot 938
13961396 has been duplicated, the defective ballot shall be placed in an 939
13971397 envelope provided for that purpose, and the duplicate ballot 940
13981398 shall be tallied with the other ballots for that precinct. If 941
13991399 any observer makes a reasonab le objection to a duplicate of a 942
14001400 ballot, the ballot must be presented to the canvassing board for 943
14011401 a determination of the validity of the duplicate. The canvassing 944
14021402 board must document the serial number of the ballot in the 945
14031403 canvassing board's minutes. The ca nvassing board must decide 946
14041404 whether the duplication is valid. If the duplicate ballot is 947
14051405 determined to be valid, the duplicate ballot must be counted. If 948
14061406 the duplicate ballot is determined to be invalid, the duplicate 949
14071407 ballot must be rejected and a proper du plicate ballot must be 950
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14161416 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
14171417
14181418
14191419
14201420 made and counted in lieu of the original. 951
14211421 (b) A true duplicate copy shall be made of each federal 952
14221422 write-in absentee ballot in the presence of watchers witnesses 953
14231423 and substituted for the federal write -in absentee ballot. A 954
14241424 duplicate may be made by hand duplication observed by watchers 955
14251425 of both major political parties. The duplicate ballot must 956
14261426 include all valid votes as determined by the canvassing board 957
14271427 based on rules adopted by the division pursuant to s. 102.166(8) 958
14281428 s. 102.166(4). All duplicate ballots shall be clearly labeled 959
14291429 "duplicate," bear a serial number that shall be recorded on the 960
14301430 federal write-in absentee ballot, and be counted in lieu of the 961
14311431 federal write-in absentee ballot. After a ballot has been 962
14321432 duplicated, the federal w rite-in absentee ballot shall be placed 963
14331433 in an envelope provided for that purpose, and the duplicate 964
14341434 ballot shall be tallied with other ballots for that precinct. 965
14351435 (5) If there is no clear indication on the ballot that the 966
14361436 voter has made a definite choice for an office or ballot 967
14371437 measure, the elector's ballot shall not be counted for that 968
14381438 office or measure, but the ballot shall not be invalidated as to 969
14391439 those names or measures which are properly marked. 970
14401440 (6) Vote-by-mail ballots may be counted by the voting 971
14411441 system's automatic tabulating equipment if they have been marked 972
14421442 in a manner which will enable them to be properly counted by 973
14431443 such equipment. 974
14441444 (7) The return printed by the voting system's automatic 975
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14531453 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
14541454
14551455
14561456
14571457 tabulating equipment, to which has been added the return of 976
14581458 write-in, vote-by-mail, and manually counted votes and votes 977
14591459 from provisional ballots, shall constitute the official return 978
14601460 of the election upon certification by the canvassing board. Upon 979
14611461 completion of the count, the returns shall be open to the 980
14621462 public. A copy of the returns may be posted at the central 981
14631463 counting place or at the office of the supervisor of elections 982
14641464 in lieu of the posting of returns at individual precincts. 983
14651465 (8) Any supervisor of elections, deputy supervisor of 984
14661466 elections, canvassing bo ard member, election board member, 985
14671467 election employee, or other person authorized to observe, 986
14681468 review, or inspect ballot materials or observe canvassing who 987
14691469 releases any information about votes cast for or against any 988
14701470 candidate or ballot measure or any resul ts of any election 989
14711471 before the closing of the polls in that county on election day 990
14721472 commits a felony of the third degree, punishable as provided in 991
14731473 s. 775.082, s. 775.083, or s. 775.084. 992
14741474 (9) The county canvassing board shall officially convene 993
14751475 in the presence of candidate, designees of political action 994
14761476 committees, political committees, or political parties, and the 995
14771477 public to discuss all election results and the necessary next 996
14781478 steps required to officially determine election results, 997
14791479 including recounts, runof fs, hand counts, audits or any other 998
14801480 activities necessary before certification of the election. 999
14811481 Section 8. Subsection (4) is added to section 101.595, 1000
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14901490 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
14911491
14921492
14931493
14941494 Florida Statutes, to read: 1001
14951495 101.595 Analysis and reports of voting problems. — 1002
14961496 (4) A postcertificat ion procedural audit must be conducted 1003
14971497 after each election. The department shall adopt rules for the 1004
14981498 conduct of such audit, which must include the audit of each of 1005
14991499 the following: 1006
15001500 (a) Chain of custody forms and procedures. 1007
15011501 (b) Signature verification on vote-by-mail ballot 1008
15021502 requests, voter certificate envelopes, and curing. 1009
15031503 (c) Handling of public inspector protests and challenges. 1010
15041504 (d) Canvassing board duties. 1011
15051505 (e) Physical security. 1012
15061506 (f) All blank ballots, under -voted ballots, overvoted 1013
15071507 ballots, provisional ballots, and all other ballots that were 1014
15081508 separated from the main bin by the tabulator or that require 1015
15091509 separate adjudication or handling for any reason. Such ballots 1016
15101510 must be hand-counted to ensure the number of ballots equals the 1017
15111511 number shown on the reports. 1018
15121512 (g) Seal accounting and management. 1019
15131513 Section 9. Section 101.6103, Florida Statutes, is amended 1020
15141514 to read: 1021
15151515 101.6103 Mail ballot election procedure. — 1022
15161516 (1) Except as otherwise provided in subsection (7), the 1023
15171517 supervisor of elections shall mail all official ballots with a 1024
15181518 voter certificate envelope, an identification secrecy envelope, 1025
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15271527 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
15281528
15291529
15301530
15311531 a return mailing envelope, and instructions sufficient to 1026
15321532 describe the voting process to each elector entitled to vote in 1027
15331533 the election within the timeframes specifi ed in s. 101.62(3). 1028
15341534 All such ballots must be mailed by first -class mail. If the 1029
15351535 supervisor of election pays return ballot postage, two United 1030
15361536 States Postal Service permit billing accounts must be used, with 1031
15371537 one account used solely for outbound ballots and the other 1032
15381538 account solely used for returned ballots. Ballots must be 1033
15391539 addressed to each elector at the address appearing in the 1034
15401540 registration records and placed in an envelope which is 1035
15411541 prominently marked " Return Service Requested Do Not Forward." 1036
15421542 (2) Upon receipt of the ballot the elector shall read the 1037
15431543 instructions, mark the ballot, place only the completed ballot 1038
15441544 in the voter certificate it in the secrecy envelope, sign his or 1039
15451545 her name as it appears in the voter registration system on the 1040
15461546 signature line on the return mailing envelope supplied with the 1041
15471547 ballot, and comply with the instructions provided with the 1042
15481548 ballot. The elector shall place a copy of the required 1043
15491549 identification into the identification envelope and place the 1044
15501550 voter certificate envelope and th e identification envelope into 1045
15511551 the return mailing envelope. Alternatively, the voter may place 1046
15521552 the voter certificate envelope in a voter provided envelope and 1047
15531553 send it by registered mail at the voter's expense to the 1048
15541554 supervisor of election's office or the a ddress listed on the 1049
15551555 return envelope. The elector shall mail, deliver, or have 1050
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15641564 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
15651565
15661566
15671567
15681568 delivered the marked ballot so that it reaches the supervisor of 1051
15691569 elections no later than 7 p.m. on the day of the election. The 1052
15701570 ballot must be returned in the sealed and signed voter 1053
15711571 certificate return mailing envelope. 1054
15721572 (3) The voter certificate return mailing envelope shall 1055
15731573 contain a statement in substantially the following form: 1056
15741574 1057
15751575 VOTER'S CERTIFICATE 1058
15761576 I, ...(Print Name)..., do solemnly swear (or 1059
15771577 affirm) that I am a qualified voter in this election 1060
15781578 and that I have not and will not vote more than one 1061
15791579 ballot in this election. 1062
15801580 I understand that failure to sign this 1063
15811581 certificate and give my residence address will 1064
15821582 invalidate my ballot. 1065
15831583 ...(Date)... 1066
15841584 ...(Printed Name) 1067
15851585 ...(Signature)... 1068
15861586 ...(Residence Address)... 1069
15871587 ...(E-mail Address[Optional])... 1070
15881588 ...(Home Telephone Number [Optional])... 1071
15891589 ...(Cellular Telephone Number [Optional])... 1072
15901590 1073
15911591 (4) If the ballot is destroyed, spoiled, lost, or not 1074
15921592 received by the elector, the elector may obtain a replacement 1075
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16011601 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
16021602
16031603
16041604
16051605 ballot from the supervisor of elections as provided in this 1076
16061606 subsection. An elector seeking a replacement ballot shall 1077
16071607 provide tier 1 identification and sign a sworn statement that 1078
16081608 the ballot was destroyed, spoiled, lost, or not received and 1079
16091609 present such statement to the supervisor of elections before 1080
16101610 prior to 7 p.m. on the day of the election. The supervisor of 1081
16111611 elections shall verify the signature on the sworn statement and 1082
16121612 keep a record of each replacement ballot provided under this 1083
16131613 subsection. 1084
16141614 (5) A ballot shall be counted only if: 1085
16151615 (a) It is returned in the voter certificate return mailing 1086
16161616 envelope bearing the elector's signature ; 1087
16171617 (b) A copy of a photo identification is placed into the 1088
16181618 identification envelope and, if the voter is require d to provide 1089
16191619 additional documentation under s. 101.68, such documentation is 1090
16201620 placed into the identification envelope; 1091
16211621 (c) The voter certificate envelope and the identification 1092
16221622 envelope are placed into the return mailing envelope or a voter -1093
16231623 provided envelope that is sent by registered mail to the 1094
16241624 supervisor of election's office or the address listed on the 1095
16251625 return mailing envelope; 1096
16261626 (d)(b) The elector's signature has been verified as 1097
16271627 provided in this subsection; and 1098
16281628 (e)(c) It is received by the supervisor of elections not 1099
16291629 later than 7 p.m. on the day of the election. 1100
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16381638 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
16391639
16401640
16411641
16421642 1101
16431643 The supervisor of elections shall verify the signature of each 1102
16441644 elector on the voter certificate return mailing envelope with 1103
16451645 the signature on the elector's r egistration records. Such 1104
16461646 verification may commence at any time before prior to the 1105
16471647 canvass of votes. The supervisor of elections shall safely keep 1106
16481648 the ballot stored in a secure area only accessible by electronic 1107
16491649 badge and under video surveillance unopened in his or her office 1108
16501650 until the county canvassing board canvasses the vote. If the 1109
16511651 supervisor of elections determines that an elector to whom a 1110
16521652 replacement ballot has been issued under subsection (4) has 1111
16531653 voted more than once, the canvassing board shall det ermine which 1112
16541654 ballot, if any, is to be counted. 1113
16551655 (6) The canvassing board may begin the canvassing of mail 1114
16561656 ballots as provided by s. 101.68(2)(a). The criminal penalty 1115
16571657 specified in that paragraph for the release of results before 7 1116
16581658 p.m. on election day is also applicable to canvassing conducted 1117
16591659 under this act. The canvassing of mail ballots shall be open for 1118
16601660 public observation. 1119
16611661 (7) With respect to absent electors overseas entitled to 1120
16621662 vote in the election, the supervisor of elections shall mail an 1121
16631663 official ballot with a voter certificate secrecy envelope, a 1122
16641664 return mailing envelope, and instructions sufficient to describe 1123
16651665 the voting process to each such elector on a date sufficient to 1124
16661666 allow such elector time to vote in the election and to have his 1125
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16761676
16771677
16781678
16791679 or her marked ballot reach the supervisor by 7 p.m. on the day 1126
16801680 of the election. 1127
16811681 (8) A ballot that otherwise satisfies the requirements of 1128
16821682 subsection (5) shall be counted even if the elector dies after 1129
16831683 mailing the ballot but before election day, as long as, before 1130
16841684 prior to the death of the voter, the ballot was: 1131
16851685 (a) Postmarked by the United States Postal Service; 1132
16861686 (b) Date-stamped with a verifiable tracking number by 1133
16871687 common carrier; or 1134
16881688 (c) Already in the possession of the supervisor of 1135
16891689 elections. 1136
16901690 Section 10. Section 101.6104, Florida Statutes, is amended 1137
16911691 to read: 1138
16921692 101.6104 Challenge of votes. —If any elector present for 1139
16931693 the canvass of votes believes that any ballot is illegal due to 1140
16941694 any defect apparent on the voter's certificate, the elector may, 1141
16951695 at any time before the ballot is removed from the envelope, file 1142
16961696 with the canvassing board a protest against the canvass of such 1143
16971697 ballot, specifying the reason he or she believes the ballot to 1144
16981698 be illegal. No challenge based upon any defect on the voter's 1145
16991699 certificate shall be accepted after the ballot has been removed 1146
17001700 from the return mailing envelope. When a challenge of a voter 1147
17011701 certificate envelope or cure affidavit signature is received, 1148
17021702 the ballot shall be segregated; left uncounted and, if 1149
17031703 applicable, unopened; logg ed; and treated as provisional to be 1150
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17121712 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
17131713
17141714
17151715
17161716 reviewed before the end of canvassing. A challenger shall be 1151
17171717 given an identification number for the challenged ballot or 1152
17181718 envelope, as applicable. This identification number and the 1153
17191719 final disposition of the ballot must b e logged for use in 1154
17201720 procedural audits. 1155
17211721 Section 11. Paragraphs (a) and (b) of subsection (1), 1156
17221722 subsection (2), and paragraph (d) of subsection (3) of section 1157
17231723 101.62, Florida Statutes, are amended to read: 1158
17241724 101.62 Request for vote -by-mail ballots.— 1159
17251725 (1) REQUEST.— 1160
17261726 (a) The supervisor shall accept a request for a vote -by-1161
17271727 mail ballot only from a voter or, if directly instructed by the 1162
17281728 voter, a member of the voter's immediate family or the voter's 1163
17291729 legal guardian. A request may be made in person, in writing, by 1164
17301730 telephone, or through the supervisor's website. The department 1165
17311731 shall prescribe by rule by October 1, 2023, a uniform statewide 1166
17321732 application to make a written request for a vote -by-mail ballot 1167
17331733 which includes fields for all information required in this 1168
17341734 subsection. An allowed reason for requesting a vote -by-mail 1169
17351735 ballot must be provided and attested to. Allowable reasons 1170
17361736 include that the voter is confined to his or her home or 1171
17371737 otherwise physically unable to vote in person, which the voter 1172
17381738 must attest to by presenting an affidavit provided by a medical 1173
17391739 doctor; that the voter will be out of state during the entire 1174
17401740 voting period, which the voter must attest to by providing proof 1175
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17491749 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
17501750
17511751
17521752
17531753 of his or her out-of-state location; that the voter is 80 years 1176
17541754 of age or older; or that the voter is enrolled in an educational 1177
17551755 institution outside of the county in which he or she is 1178
17561756 registered, which the voter must attest to by providing proof of 1179
17571757 enrollment. One request is deemed sufficient to receive a vote -1180
17581758 by-mail ballot for all elec tions through the end of the calendar 1181
17591759 year of the next regularly scheduled general election, unless 1182
17601760 the voter or the voter's designee indicates at the time the 1183
17611761 request is made the elections within such period for which the 1184
17621762 voter desires to receive a vote -by-mail ballot. The supervisor 1185
17631763 must cancel a request for a vote -by-mail ballot when any first -1186
17641764 class return-service requested mail or nonforwardable mail sent 1187
17651765 by the supervisor to the voter is returned as undeliverable. If 1188
17661766 the voter requests a vote -by-mail ballot thereafter, the voter 1189
17671767 must provide or confirm his or her current residential address 1190
17681768 in a written request that includes the voter's signature and the 1191
17691769 voter's Florida driver license number, the voter's Florida 1192
17701770 identification card number, or the last f our digits of the 1193
17711771 voter's social security number . 1194
17721772 (b) If the voter's request meets the criteria under 1195
17731773 paragraph (a), the supervisor may accept a request for a vote -1196
17741774 by-mail ballot to be mailed to a voter's address on file in the 1197
17751775 Florida Voter Registration System from the voter, or, if 1198
17761776 directly instructed by the voter, a member of the voter's 1199
17771777 immediate family or the voter's legal guardian. If an in -person 1200
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17871787
17881788
17891789
17901790 or a telephonic request is made, the voter must provide the 1201
17911791 voter's Florida driver license number, the voter's Florida 1202
17921792 identification card number, or the last four digits of the 1203
17931793 voter's social security number, whichever may be verified in the 1204
17941794 supervisor's records. If the ballot is requested to be mailed to 1205
17951795 an address other than the voter's address on file i n the Florida 1206
17961796 Voter Registration System, the request must be made in writing. 1207
17971797 A written request must be signed by the voter and include the 1208
17981798 voter's Florida driver license number, the voter's Florida 1209
17991799 identification card number, or the last four digits of th e 1210
18001800 voter's social security number. However, an absent uniformed 1211
18011801 services voter or an overseas voter seeking a vote -by-mail 1212
18021802 ballot is not required to submit a signed, written request for a 1213
18031803 vote-by-mail ballot that is being mailed to an address other 1214
18041804 than the voter's address on file in the Florida Voter 1215
18051805 Registration System. The person making the request must 1216
18061806 disclose: 1217
18071807 1. The name of the voter for whom the ballot is requested. 1218
18081808 2. The voter's address. 1219
18091809 3. The voter's date of birth. 1220
18101810 4. The voter's Florida driver license number, the voter's 1221
18111811 Florida identification card number, or the last four digits of 1222
18121812 the voter's social security number, whichever may be verified in 1223
18131813 the supervisor's records. If the voter's registration record 1224
18141814 does not already include the vot er's Florida driver license 1225
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18231823 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
18241824
18251825
18261826
18271827 number or Florida identification card number or the last four 1226
18281828 digits of the voter's social security number, the number 1227
18291829 provided must be recorded in the voter's registration record. 1228
18301830 5. The requester's name. 1229
18311831 6. The requester's address. 1230
18321832 7. The requester's driver license number, the requester's 1231
18331833 identification card number, or the last four digits of the 1232
18341834 requester's social security number, if available. 1233
18351835 8. The requester's relationship to the voter. 1234
18361836 9. The requester's signatur e (written requests only). 1235
18371837 (2) ACCESS TO VOTE-BY-MAIL REQUEST INFORMATION. —For each 1236
18381838 request for a vote-by-mail ballot received, the supervisor shall 1237
18391839 record the following information: the date the request was made; 1238
18401840 the identity of the voter's designee mak ing the request, if any; 1239
18411841 the Florida driver license number, Florida identification card 1240
18421842 number, or last four digits of the social security number of the 1241
18431843 voter provided with a written request; the date the vote -by-mail 1242
18441844 ballot was delivered to the voter or t he voter's designee or the 1243
18451845 date the vote-by-mail ballot was delivered to the post office or 1244
18461846 other carrier; the address to which the ballot was mailed or the 1245
18471847 identity of the voter's designee to whom the ballot was 1246
18481848 delivered; the date the ballot was received by the supervisor; 1247
18491849 the absence of the voter's signature on the voter's certificate, 1248
18501850 if applicable; whether the voter's certificate contains a 1249
18511851 signature that does not match the voter's signature in the 1250
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18601860 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
18611861
18621862
18631863
18641864 registration books or precinct register; whether the voter was 1251
18651865 notified of the signature mismatch and sent instructions to 1252
18661866 complete a cure affidavit; and such other information he or she 1253
18671867 may deem necessary. This information must be provided in 1254
18681868 electronic format as provided by division rule. The information 1255
18691869 must be updated and made available no later than 8 a.m. of each 1256
18701870 day, including weekends, beginning 60 days before the primary 1257
18711871 until 15 days after the general election and shall be 1258
18721872 contemporaneously provided to the division. This information is 1259
18731873 confidential and exempt from s. 119.07(1) and shall be made 1260
18741874 available to or reproduced only for the voter requesting the 1261
18751875 ballot, a canvassing board, an election official, a political 1262
18761876 party or official thereof, a candidate who has filed 1263
18771877 qualification papers and is oppose d in an upcoming election, and 1264
18781878 registered political committees for political purposes only. 1265
18791879 (3) DELIVERY OF VOTE -BY-MAIL BALLOTS.— 1266
18801880 (d) Upon a request for a vote -by-mail ballot, the 1267
18811881 supervisor shall provide a vote -by-mail ballot to each voter by 1268
18821882 whom a request for that ballot has been made, by one of the 1269
18831883 following means: 1270
18841884 1. By nonforwardable, return -if-undeliverable mail to the 1271
18851885 voter's current mailing address on file with the supervisor or 1272
18861886 any other address the voter specifies in the request. The 1273
18871887 envelopes must be prominently marked " Return Service Requested 1274
18881888 Do Not Forward." 1275
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18971897 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
18981898
18991899
19001900
19011901 2. By forwardable mail, e -mail, or facsimile machine 1276
19021902 transmission to absent uniformed services voters and overseas 1277
19031903 voters. The absent uniformed services voter or overseas voter 1278
19041904 may designate in the vote -by-mail ballot request the preferred 1279
19051905 method of transmission. If the voter does not designate the 1280
19061906 method of transmission, the vote -by-mail ballot must be mailed. 1281
19071907 3. By personal delivery to the voter after vote -by-mail 1282
19081908 ballots have been mailed and up to 7 p.m. on election day upon 1283
19091909 presentation of the identification required in s. 101.043. 1284
19101910 4. By delivery to the voter's designee after vote -by-mail 1285
19111911 ballots have been mailed and up to 7 p.m. on election day. Any 1286
19121912 voter may designate in w riting a person to pick up the ballot 1287
19131913 for the voter; however, the person designated may not pick up 1288
19141914 more than two vote-by-mail ballots per election, other than the 1289
19151915 designee's own ballot, except that additional ballots may be 1290
19161916 picked up for members of the de signee's immediate family. The 1291
19171917 designee shall provide to the supervisor the written 1292
19181918 authorization by the voter and a picture identification of the 1293
19191919 designee and must complete an affidavit. The designee shall 1294
19201920 state in the affidavit that the designee is autho rized by the 1295
19211921 voter to pick up that ballot and shall indicate if the voter is 1296
19221922 a member of the designee's immediate family and, if so, the 1297
19231923 relationship. The department shall prescribe the form of the 1298
19241924 affidavit. If the supervisor is satisfied that the designe e is 1299
19251925 authorized to pick up the ballot and that the signature of the 1300
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19341934 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
19351935
19361936
19371937
19381938 voter on the written authorization matches the signature of the 1301
19391939 voter on file, the supervisor must give the ballot to that 1302
19401940 designee for delivery to the voter. 1303
19411941 5. Except as provided in s. 101.655, the supervisor may 1304
19421942 not deliver a vote-by-mail ballot to a voter or a voter's 1305
19431943 designee pursuant to subparagraph 3. or subparagraph 4., 1306
19441944 respectively, during the mandatory early voting period and up to 1307
19451945 7 p.m. on election day, unless there is an emer gency, to the 1308
19461946 extent that the voter will be unable to go to a designated early 1309
19471947 voting site in his or her county or to his or her assigned 1310
19481948 polling place on election day. If a vote -by-mail ballot is 1311
19491949 delivered, the voter or his or her designee must execute an 1312
19501950 affidavit affirming to the facts which allow for delivery of the 1313
19511951 vote-by-mail ballot. The department shall adopt a rule providing 1314
19521952 for the form of the affidavit. 1315
19531953 Section 12. Paragraphs (a) and (c) of subsection (1) and 1316
19541954 subsection (5) of section 101.64, Florida Statutes, are amended 1317
19551955 to read: 1318
19561956 101.64 Delivery of vote -by-mail ballots; envelopes; form. — 1319
19571957 (1)(a) The supervisor shall enclose with each vote -by-mail 1320
19581958 ballot instructions on completing and returning a ballot, a 1321
19591959 voter certificate envelope, an identification envelope, and a 1322
19601960 return two envelopes: a secrecy envelope, into which the absent 1323
19611961 elector shall enclose his or her marked ballot; and a mailing 1324
19621962 envelope, into which the absent elector shall then place the 1325
19631963
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19711971 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
19721972
19731973
19741974
19751975 voter certificate secrecy envelope, which shall be addressed to 1326
19761976 the supervisor and also bear on the back side a certificate in 1327
19771977 substantially the following form: 1328
19781978 1329
19791979 Note: Please Read Instructions Carefully Before 1330
19801980 Marking Ballot and Completing Voter's Certificate. 1331
19811981 VOTER'S CERTIFICATE 1332
19821982 I, ...., do solemnly swear or affirm that I am a 1333
19831983 qualified and registered voter of .... County, 1334
19841984 Florida, and that I have not and will not vote more 1335
19851985 than one ballot in this election. I understand that if 1336
19861986 I commit or attempt to commit any fraud in connection 1337
19871987 with voting, vote a fraudulent ballot, or vote more 1338
19881988 than once in an election, I can be convicted of a 1339
19891989 felony of the third degree and fined up to $5,000 1340
19901990 and/or imprisoned for up to 5 years. I also understand 1341
19911991 that failure to sign this certificate will invalidate 1342
19921992 my ballot. 1343
19931993 ...(Date)... 1344
19941994 ...(Voter's Printed Name)... 1345
19951995 ...(Voter's Signature)... 1346
19961996 ...(E-Mail Address) [Optional]... 1347
19971997 ...(Home Telephone Number) [Optional] ... 1348
19981998 ...(Mobile Telephone Number) [Optional]... 1349
19991999 1350
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20082008 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
20092009
20102010
20112011
20122012 (c) A mailing envelope or voter certificate secrecy 1351
20132013 envelope may not bear any indication of the political 1352
20142014 affiliation of an absent elector. 1353
20152015 (5) The voter certificate secrecy envelope must include, 1354
20162016 in bold font, substantially the following message: 1355
20172017 1356
20182018 IN ORDER FOR YOUR VOTE -BY-MAIL BALLOT TO COUNT, YOUR 1357
20192019 SUPERVISOR OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 1358
20202020 P.M. ON ELECTION DAY. IF YOU WAIT TO MAIL YOUR BALLOT, 1359
20212021 YOUR VOTE MIGHT NOT COUNT. TO PREVENT THIS FROM 1360
20222022 OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT AS SOON 1361
20232023 AS POSSIBLE. 1362
20242024 1363
20252025 Section 13. Section 101.65, Florida Stat utes, is amended 1364
20262026 to read: 1365
20272027 101.65 Instructions to absent electors. —The supervisor 1366
20282028 shall enclose with each vote -by-mail ballot separate printed 1367
20292029 instructions in substantially the following form; however, where 1368
20302030 the instructions appear in capitalized text, th e text of the 1369
20312031 printed instructions must be in bold font: 1370
20322032 1371
20332033 READ THESE INSTRUCTIONS CAREFULLY 1372
20342034 BEFORE MARKING BALLOT. 1373
20352035 1. VERY IMPORTANT. In order to ensure that your 1374
20362036 vote-by-mail ballot will be counted, it should be 1375
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20452045 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
20462046
20472047
20482048
20492049 completed and returned as soon as possibl e so that it 1376
20502050 can reach the supervisor of elections of the county in 1377
20512051 which your precinct is located no later than 7 p.m. on 1378
20522052 the day of the election. However, if you are an 1379
20532053 overseas voter casting a ballot in a presidential 1380
20542054 preference primary or general elect ion, your vote-by-1381
20552055 mail ballot must be postmarked or dated no later than 1382
20562056 the date of the election and received by the 1383
20572057 supervisor of elections of the county in which you are 1384
20582058 registered to vote no later than 10 days after the 1385
20592059 date of the election. Note that t he later you return 1386
20602060 your ballot, the less time you will have to cure any 1387
20612061 signature deficiencies, which is authorized until 5 1388
20622062 p.m. on the 2nd day after the election. 1389
20632063 2. Mark your ballot in secret as instructed on 1390
20642064 the ballot. You must mark your own ballot unless you 1391
20652065 are unable to do so because of blindness, disability, 1392
20662066 or inability to read or write. 1393
20672067 3. Mark only the number of candidates or issue 1394
20682068 choices for a race as indicated on the ballot. If you 1395
20692069 are allowed to "Vote for One" candidate and you vote 1396
20702070 for more than one candidate, your vote in that race 1397
20712071 will not be counted. 1398
20722072 4. Place your marked ballot in the enclosed 1399
20732073 voter certificate secrecy envelope. Completely fill 1400
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20822082 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
20832083
20842084
20852085
20862086 out the voter's certificate on the back of the voter 1401
20872087 certificate envelope. 1402
20882088 5. Insert a copy of your photo identification in 1403
20892089 the identification envelope. The following photo 1404
20902090 identifications are acceptable if you are not a first -1405
20912091 time voter: Florida driver license; Florida 1406
20922092 identification card issued by the Department of 1407
20932093 Highway Safety and Motor Vehicles; United States 1408
20942094 passport; debit or credit card; military 1409
20952095 identification; student identification; public 1410
20962096 assistance identification; veteran health 1411
20972097 identification card issued by the United States 1412
20982098 Department of Veterans Affairs; a license to carry a 1413
20992099 concealed weapon or firearm issued pursuant to s. 1414
21002100 790.06; or an employee identification card issued by 1415
21012101 any branch, department, agency, or entity of the 1416
21022102 Federal Government, the state, a county, or a 1417
21032103 municipality. 1418
21042104 6.5. Insert the voter certificate envelope and 1419
21052105 the identification secrecy envelope into the enclosed 1420
21062106 mailing envelope which is addressed to the supervisor. 1421
21072107 7.6. Seal the mailing envelope and completely 1422
21082108 fill out the Voter's Certificate on the back of the 1423
21092109 mailing envelope. 1424
21102110 8.7. VERY IMPORTANT. In order for your vote -by-1425
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21192119 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
21202120
21212121
21222122
21232123 mail ballot to be counted, you must sign your name on 1426
21242124 the line above (Voter's Signature). If your signature 1427
21252125 does not appear on the designated signature line 1428
21262126 adjacent to the voter certificate oath on the voter's 1429
21272127 certificate, you are required to complete a cure 1430
21282128 affidavit to validate your signature. A vote-by-mail 1431
21292129 ballot will be considered illegal and not be counted 1432
21302130 if the signature on the voter's certificate does not 1433
21312131 match the signature on record. The signature on f ile 1434
21322132 at the time the supervisor of elections in the county 1435
21332133 in which your precinct is located receives your vote -1436
21342134 by-mail ballot is the signature that will be used to 1437
21352135 verify your signature on the voter's certificate. If 1438
21362136 you need to update your signature for t his election, 1439
21372137 send your signature update on a voter registration 1440
21382138 application to your supervisor of elections so that it 1441
21392139 is received before your vote -by-mail ballot is 1442
21402140 received. 1443
21412141 9.8. VERY IMPORTANT. If you are an overseas 1444
21422142 voter, you must include the date you signed the 1445
21432143 Voter's Certificate on the line above (Date) or your 1446
21442144 ballot may not be counted. 1447
21452145 10.9. Mail, deliver, or have delivered the 1448
21462146 completed mailing envelope. Be sure there is 1449
21472147 sufficient postage if mailed. THE COMPLETED MAILING 1450
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21562156 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
21572157
21582158
21592159
21602160 ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE 1451
21612161 SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR 1452
21622162 PRECINCT IS LOCATED OR DROPPED OFF AT AN AUTHORIZED 1453
21632163 SECURE BALLOT INTAKE STATION, AVAILABLE AT EACH EARLY 1454
21642164 VOTING LOCATION. 1455
21652165 11.10. FELONY NOTICE. It is a felony under 1456
21662166 Florida law to accept any gift, payment, or gratuity 1457
21672167 in exchange for your vote for a candidate. It is also 1458
21682168 a felony under Florida law to vote in an election 1459
21692169 using a false identity or false address, or under any 1460
21702170 other circumstances making your ballot false or 1461
21712171 fraudulent. 1462
21722172 1463
21732173 Section 14. Section 101.655, Florida Statutes, is amended 1464
21742174 to read: 1465
21752175 101.655 Supervised voting by absent electors in certain 1466
21762176 facilities.— 1467
21772177 (1) The supervisor of elections of a county shall provide 1468
21782178 bipartisan supervised voting for absent electo rs residing in any 1469
21792179 assisted living facility, as defined in s. 429.02, or nursing 1470
21802180 home facility, as defined in s. 400.021, within that county at 1471
21812181 the request of an elector living in the facility or the power of 1472
21822182 attorney for an elector living in the facility of any 1473
21832183 administrator of such a facility . Such request for supervised 1474
21842184 voting in the facility shall be made by submitting a written 1475
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21932193 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
21942194
21952195
21962196
21972197 request to the supervisor of elections no later than 28 days 1476
21982198 before prior to the election for which that request is 1477
21992199 submitted. The request shall specify the name and address of the 1478
22002200 facility and the name of the electors who wish to vote by mail 1479
22012201 in that election. If the request contains the names of fewer 1480
22022202 than five voters, the supervisor of elections is not required to 1481
22032203 provide supervised voting. 1482
22042204 (2) The supervisor of elections may , in the absence of a 1483
22052205 request from the administrator of a facility, provide for 1484
22062206 supervised voting in the facility for those persons who have 1485
22072207 requested vote-by-mail ballots and voting assistance . The 1486
22082208 supervisor of elections shall notify the administrator of the 1487
22092209 facility that supervised voting will occur. 1488
22102210 (3) The supervisor of elections shall, in cooperation with 1489
22112211 the administrator of the facility, select a date and time when 1490
22122212 the supervised voting will occu r. 1491
22132213 (4) The supervisor of elections shall designate supervised 1492
22142214 voting teams to provide the services prescribed by this section. 1493
22152215 Each supervised voting team shall include at least two persons. 1494
22162216 Each supervised voting team must include representatives of mor e 1495
22172217 than one political party; however, in any primary election to 1496
22182218 nominate party nominees in which only one party has candidates 1497
22192219 appearing on the ballot, all supervised voting team members may 1498
22202220 be of that party. No candidate may provide supervised voting 1499
22212221 services. 1500
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22302230 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
22312231
22322232
22332233
22342234 (5) Ballots shall be placed in a sealed envelope for 1501
22352235 transport to the facility to be delivered to respective absent 1502
22362236 electors. Chain of custody forms shall include fields for the 1503
22372237 name of the facility, the date, the time, the printed names and 1504
22382238 signatures of each person on the supervised voting team assigned 1505
22392239 to the facility, the number of ballots delivered to the 1506
22402240 facility, the envelope seal number, and the printed names and 1507
22412241 signatures of each person on the supervised voting team who 1508
22422242 opens the envelope. 1509
22432243 (6) The seal on the envelope shall be maintained until the 1510
22442244 supervised voting team is in the facility. 1511
22452245 (7)(5) The supervised voting team shall deliver the 1512
22462246 ballots to the respective absent electors, and each member of 1513
22472247 the team shall jointly supervise th e voting of the ballots. If 1514
22482248 any elector requests assistance in voting, the oath prescribed 1515
22492249 in s. 101.051 shall be completed and the elector may receive the 1516
22502250 assistance of two members of the supervised voting team or some 1517
22512251 other person of the elector's choice to assist the elector in 1518
22522252 casting the elector's ballot. 1519
22532253 (8)(6) Before providing assistance, the supervised voting 1520
22542254 team shall disclose to the elector that the ballot may be 1521
22552255 retained by the elector to vote at a later time and that the 1522
22562256 elector has the right to seek assistance in voting from some 1523
22572257 other person of the elector's choice without the presence of the 1524
22582258 supervised voting team. 1525
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22672267 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
22682268
22692269
22702270
22712271 (9) Before providing assistance to the elector, the 1526
22722272 supervised voting team must verify the identity of the elector 1527
22732273 by photo identification and attestation by a facility 1528
22742274 administrator. 1529
22752275 (10)(7) If any elector declines to vote a ballot or is 1530
22762276 unable to vote a ballot, the supervised voting team shall mark 1531
22772277 the ballot "refused to vote" or "unable to vote." 1532
22782278 (11)(8) After the ballots have been voted or marked in 1533
22792279 accordance with the provisions of this section, the supervised 1534
22802280 voting team shall place the completed and remaining blank 1535
22812281 ballots in a sealable envelope and deliver the ballots to the 1536
22822282 supervisor of elections, who shall retain t hem pursuant to s. 1537
22832283 101.67. 1538
22842284 (12) The chain of custody forms for transported and 1539
22852285 completed ballots by supervised voting team for supervised 1540
22862286 voting by absent electors in certain facilities must include 1541
22872287 fields for the printed names and signatures of two supe rvised 1542
22882288 voting team members, the date, the time, the number of absentee 1543
22892289 ballots transported to the facility in which the elector lives, 1544
22902290 the number of absentee ballots completed and returned to the 1545
22912291 supervisor, the number of absentee ballots retained by elect ors 1546
22922292 to be cast at a later date, the voter identifications of 1547
22932293 electors who retained ballots, and seal numbers. 1548
22942294 (13) The names of electors living in the facility who 1549
22952295 complete ballots, the names of electors living in a facility who 1550
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23042304 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
23052305
23062306
23072307
23082308 refuse to vote, and the n ames of electors living in the facility 1551
23092309 who retain ballots to cast at a later date must be logged and 1552
23102310 reported to the supervisor of elections by the supervised voting 1553
23112311 team. 1554
23122312 (14) Cast ballots in sealed envelopes from supervised 1555
23132313 voting for absent electors residing in any assisted living 1556
23142314 facility or nursing home facility must be returned to the 1557
23152315 supervisor of elections for tabulation and retention pursuant to 1558
23162316 s. 101.67. 1559
23172317 (15) The chain of custody forms for transported and 1560
23182318 completed ballots by supervised voti ng team for supervised 1561
23192319 voting by absent electors in certain facilities shall include 1562
23202320 fields for the name of the facility, the printed names and 1563
23212321 signatures of two members of the vote counting center who accept 1564
23222322 custody of the cast ballots, the date, the time , the seal 1565
23232323 number, checkbox that the seal is intact, and the number of 1566
23242324 absentee ballots received by the vote counting center from the 1567
23252325 facility. 1568
23262326 (16) The county canvassing board shall validate chain of 1569
23272327 custody records for ballots received from supervised voting by 1570
23282328 absent electors in certain facilities as the ballots are 1571
23292329 returned. 1572
23302330 Section 15. Paragraph (a) of subsection (1) and 1573
23312331 subsections (2) and (4) of section 101.68, Florida Statutes, are 1574
23322332 amended to read: 1575
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23412341 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
23422342
23432343
23442344
23452345 101.68 Canvassing of vote -by-mail ballot.— 1576
23462346 (1)(a) The supervisor of the county in which where the 1577
23472347 absent elector resides shall receive the voted ballot, verify 1578
23482348 the certificate signature is a personal and manual signature 1579
23492349 that was not created by a rubber stamp or an electronic machine, 1580
23502350 verify that the voter certificate envelope and ballot material 1581
23512351 are consistent with the quality and serial number sequence 1582
23522352 issued, and at which time the supervisor shall compare the 1583
23532353 signature of the elector on the voter's certificate with the 1584
23542354 signature of the elector in the registration books or the 1585
23552355 precinct register to determine whether the elector is duly 1586
23562356 registered in the county and must record on the elector's 1587
23572357 registration record that the elector has voted. The supervisor 1588
23582358 shall also evaluate whether the photo ident ification provided is 1589
23592359 consistent with any Department of Highway Safety and Motor 1590
23602360 Vehicles photographs of the elector available. During the 1591
23612361 signature comparison process, the supervisor may not use any 1592
23622362 knowledge of the political affiliation of the elector wh ose 1593
23632363 signature is subject to verification. 1594
23642364 (2)(a) The county canvassing board may begin the 1595
23652365 canvassing of vote-by-mail ballots upon the completion of the 1596
23662366 public testing of automatic tabulating equipment pursuant to s. 1597
23672367 101.5612(2), but must complete canvassing of all ballots 1598
23682368 received at the end of election day begin such canvassing by no 1599
23692369 later than the end of the following day noon on the day 1600
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23782378 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
23792379
23802380
23812381
23822382 following the election . However, notwithstanding any such 1601
23832383 authorization to begin canvassing or otherwise processing vote-1602
23842384 by-mail ballots early, no result shall be released to the state 1603
23852385 or to the public until after the closing of the polls in that 1604
23862386 county on election day. Any supervisor, deputy supervisor, 1605
23872387 canvassing board member, election board member, or election 1606
23882388 employee who releases the results of a canvassing or processing 1607
23892389 of vote-by-mail ballots before prior to the closing of the polls 1608
23902390 in that county on election day commits a felony of the third 1609
23912391 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1610
23922392 775.084. 1611
23932393 (b) To ensure that all vote -by-mail ballots to be counted 1612
23942394 by the canvassing board are accounted for, the canvassing board 1613
23952395 shall compare the number of ballots in its possession with the 1614
23962396 number of requests for ballots received to be counted according 1615
23972397 to the ballot chain of custody records and ballot reconciliation 1616
23982398 report, the supervisor's ballot accounting report, and the 1617
23992399 supervisor's file or list. 1618
24002400 (c)1. The canvassing board must, if the supervisor has not 1619
24012401 already done so, compare the signature of the elector on the 1620
24022402 voter's certificate or on the vote -by-mail ballot cure affidavit 1621
24032403 as provided in subsection (4) with the signature of the elector 1622
24042404 in the registration books or the precinct register to see that 1623
24052405 the elector is duly registered in the county and to determine 1624
24062406 the legality of that vote -by-mail ballot. A vote-by-mail ballot 1625
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24152415 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
24162416
24172417
24182418
24192419 may only be counted if: 1626
24202420 a. The signature on the voter's certificate or the cure 1627
24212421 affidavit matches the elector's signature in the registration 1628
24222422 books or precinct register; however, in the case of a cure 1629
24232423 affidavit, the supporting identification listed in subsection 1630
24242424 (4) must also confirm the identity of the elector; or 1631
24252425 b. The cure affidavit contains a signature that does not 1632
24262426 match the elector's signature in the registration books or 1633
24272427 precinct register, but the elector has submitted a current and 1634
24282428 valid Tier 1 identific ation pursuant to subsection (4) which 1635
24292429 confirms the identity of the elector. Tier 1 and Tier 2 1636
24302430 identification is considered ballot material for purposes of s. 1637
24312431 101.572 and must be presented to any candidates, political party 1638
24322432 officials, political committee o fficials, and political action 1639
24332433 committee officials, or authorized designees thereof, conducting 1640
24342434 a cure affidavit review. 1641
24352435 1642
24362436 For purposes of this subparagraph, any canvassing board finding 1643
24372437 that an elector's signatures do not match must be by majority 1644
24382438 vote and beyond a reasonable doubt. 1645
24392439 2. The ballot of an elector who casts a vote -by-mail 1646
24402440 ballot shall be counted even if the elector dies on or before 1647
24412441 election day, as long as, before the death of the voter, the 1648
24422442 ballot was postmarked by the United States Postal Service, date-1649
24432443 stamped with a verifiable tracking number by a common carrier, 1650
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24522452 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
24532453
24542454
24552455
24562456 or already in the possession of the supervisor. 1651
24572457 3. A vote-by-mail ballot is not considered illegal if the 1652
24582458 signature of the elector does not cross the seal of the mailing 1653
24592459 envelope. However, an envelope that appears to have been opened 1654
24602460 and resealed or that displays an unauthorized serial number 1655
24612461 instead of an authorized serial number is considered illegal. 1656
24622462 4. If any elector or candidate present believes that a 1657
24632463 vote-by-mail ballot is illegal due to a defect apparent on the 1658
24642464 voter's certificate or the cure affidavit, he or she may, at any 1659
24652465 time before the ballot is removed from the envelope, file with 1660
24662466 the canvassing board a protest against the canvass of that 1661
24672467 ballot, specifying the pre cinct, the voter's certificate or the 1662
24682468 cure affidavit, and the reason he or she believes the ballot to 1663
24692469 be illegal. A challenge based upon a defect in the voter's 1664
24702470 certificate or cure affidavit may not be accepted after the 1665
24712471 ballot has been removed from the ma iling envelope. A log shall 1666
24722472 be kept of all challenges, the voter identification, the 1667
24732473 resolution, and the signatures compared. The log, the cure 1668
24742474 affidavit with accompanying Tier 1 or Tier 2 identification, if 1669
24752475 applicable, the envelope, and the ballot, if rej ected, therein 1670
24762476 must be preserved in the manner that official ballots are 1671
24772477 preserved as election materials. The log and decisions must be 1672
24782478 reviewed as part of a postelection process audit. 1673
24792479 5. If the canvassing board determines that a ballot is 1674
24802480 illegal, a member of the board must, without opening the 1675
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24892489 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
24902490
24912491
24922492
24932493 envelope, mark across the face of the envelope: "rejected as 1676
24942494 illegal." The cure affidavit with accompanying Tier 1 or Tier 2 1677
24952495 identification, if applicable, the envelope, and the ballot 1678
24962496 therein shall be preserved in the manner that official ballots 1679
24972497 are preserved as election materials . 1680
24982498 (d) The canvassing board shall record the ballot upon the 1681
24992499 proper record, unless the ballot has been previously recorded by 1682
25002500 the supervisor. The mailing envelopes shall be opened and the 1683
25012501 voter certificate secrecy envelopes shall be mixed so as to make 1684
25022502 it impossible to determine which voter certificate secrecy 1685
25032503 envelope came out of which signed mailing envelope; however, in 1686
25042504 any county in which an electronic or electromechanical voting 1687
25052505 system is used, the ballots may be sorted by ballot styles and 1688
25062506 the mailing envelopes may be opened and the voter certificate 1689
25072507 secrecy envelopes mixed separately for each ballot style. The 1690
25082508 votes on vote-by-mail ballots shall be included in the total 1691
25092509 vote of the county. 1692
25102510 (4)(a) As soon as practicable, the supervisor shall, on 1693
25112511 behalf of the county canvassing board, attempt to notify an 1694
25122512 elector who has returned a vote -by-mail ballot that does not 1695
25132513 include the elector's signature or contains a signature that 1696
25142514 does not match the elector's signature in the registration books 1697
25152515 or precinct register by: 1698
25162516 1. Notifying the elector of the signature deficiency by e -1699
25172517 mail with a direct link to the supervisor's website and 1700
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25262526 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
25272527
25282528
25292529
25302530 directing the elector to the cure affidavit and instruct ions on 1701
25312531 the supervisor's website ; 1702
25322532 2. Notifying the elector of the signature deficiency by 1703
25332533 text message with a direct link to the supervisor's website and 1704
25342534 directing the elector to the cure affidavit and instructions on 1705
25352535 the supervisor's website ; or 1706
25362536 3. Notifying the elector of the signature deficiency by 1707
25372537 telephone and directing the elector to the cure affidavit and 1708
25382538 instructions on the supervisor's website. 1709
25392539 1710
25402540 In addition to the notification required under subparagraph 1., 1711
25412541 subparagraph 2., or subparagraph 3., the supervisor must notify 1712
25422542 the elector of the signature deficiency by first -class mail and 1713
25432543 direct the elector to the cure affidavit and instructions on the 1714
25442544 supervisor's website. Beginning the day before the election, the 1715
25452545 supervisor is not required to prov ide notice of the signature 1716
25462546 deficiency by first-class mail, but shall continue to provide 1717
25472547 notice as required under subparagraph 1., subparagraph 2., or 1718
25482548 subparagraph 3. 1719
25492549 (b) The supervisor shall allow such an elector to complete 1720
25502550 and submit an affidavit in order to cure the vote -by-mail ballot 1721
25512551 until 5 p.m. on the 2nd day after the election. 1722
25522552 (c) The elector must complete a cure affidavit in 1723
25532553 substantially the following form: 1724
25542554 1725
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25632563 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
25642564
25652565
25662566
25672567 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT 1726
25682568 I, ...., am a qualified voter in this election 1727
25692569 and registered voter of .... County, Florida. I do 1728
25702570 solemnly swear or affirm that I requested and returned 1729
25712571 the vote-by-mail ballot and that I have not and will 1730
25722572 not vote more than one ballot in this election. I 1731
25732573 understand that if I commit or attempt any frau d in 1732
25742574 connection with voting, vote a fraudulent ballot, or 1733
25752575 vote more than once in an election, I may be convicted 1734
25762576 of a felony of the third degree and fined up to $5,000 1735
25772577 and imprisoned for up to 5 years. I understand that my 1736
25782578 failure to sign this affidavit me ans that my vote-by-1737
25792579 mail ballot will be invalidated. 1738
25802580 ...(Date)... 1739
25812581 ...(Voter's Printed Name)... 1740
25822582 ...(Voter's Signature)... 1741
25832583 ...(Voter's E-mail Address)[Optional]... 1742
25842584 ...(Voter's Home Telephone Number)[Optional]... 1743
25852585 ...(Voter's Cellular Telephone Number)[Optiona l]... 1744
25862586 ...(Address)... 1745
25872587 1746
25882588 (d) Instructions must accompany the cure affidavit in 1747
25892589 substantially the following form: 1748
25902590 1749
25912591 READ THESE INSTRUCTIONS CAREFULLY BEFORE 1750
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26002600 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
26012601
26022602
26032603
26042604 COMPLETING THE AFFIDAVIT. FAILURE TO FOLLOW THESE 1751
26052605 INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. 1752
26062606 1. In order to ensure that your vote -by-mail 1753
26072607 ballot will be counted, your affidavit should be 1754
26082608 completed and returned as soon as possible so that it 1755
26092609 can reach the supervisor of elections of the county in 1756
26102610 which your precinct is located no later than 5 p.m. on 1757
26112611 the 2nd day after the election. 1758
26122612 2. You must sign your name on the line above 1759
26132613 (Voter's Signature). 1760
26142614 3. You must make a copy of one of the following 1761
26152615 forms of identification: 1762
26162616 a. Tier 1 identification. —Current and valid 1763
26172617 identification that includes you r name and photograph: 1764
26182618 Florida driver license; Florida identification card 1765
26192619 issued by the Department of Highway Safety and Motor 1766
26202620 Vehicles; United States passport; debit or credit 1767
26212621 card; military identification; student identification; 1768
26222622 retirement center ident ification; neighborhood 1769
26232623 association identification; public assistance 1770
26242624 identification; veteran health identification card 1771
26252625 issued by the United States Department of Veterans 1772
26262626 Affairs; a Florida license to carry a concealed weapon 1773
26272627 or firearm; or an employee id entification card issued 1774
26282628 by any branch, department, agency, or entity of the 1775
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26372637 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
26382638
26392639
26402640
26412641 Federal Government, the state, a county, or a 1776
26422642 municipality; or 1777
26432643 b. Tier 2 identification. —ONLY IF YOU DO NOT 1778
26442644 HAVE A TIER 1 FORM OF IDENTIFICATION, identification 1779
26452645 that shows your name and current residence address: 1780
26462646 current utility bill, bank statement, government 1781
26472647 check, paycheck, or government document (excluding 1782
26482648 voter information card). 1783
26492649 4. Place the envelope bearing the affidavit into 1784
26502650 a mailing envelope addressed to the supervis or. Insert 1785
26512651 a copy of your identification in the mailing envelope. 1786
26522652 Mail (if time permits), deliver, or have delivered the 1787
26532653 completed affidavit along with the copy of your 1788
26542654 identification to your county supervisor of elections. 1789
26552655 Be sure there is sufficient post age if mailed and that 1790
26562656 the supervisor's address is correct. Remember, your 1791
26572657 information MUST reach your county supervisor of 1792
26582658 elections no later than 5 p.m. on the 2nd day after 1793
26592659 the election, or your ballot will not count. 1794
26602660 5. Alternatively, you may fax or e-mail your 1795
26612661 completed affidavit and a copy of your identification 1796
26622662 to the supervisor of elections. If e -mailing, please 1797
26632663 provide these documents as attachments. 1798
26642664 1799
26652665 (e) The department and each supervisor shall include the 1800
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26742674 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
26752675
26762676
26772677
26782678 affidavit and instructions on their r espective websites. The 1801
26792679 supervisor must include his or her office's mailing address, e -1802
26802680 mail address, and fax number on the page containing the 1803
26812681 affidavit instructions, and the department's instruction page 1804
26822682 must include the office mailing addresses, e -mail addresses, and 1805
26832683 fax numbers of all supervisors of elections or provide a 1806
26842684 conspicuous link to such addresses. 1807
26852685 (f) The supervisor shall attach each affidavit and Tier 1 1808
26862686 or Tier 2 identification document received to the appropriate 1809
26872687 voter certificate vote-by-mail ballot mailing envelope. 1810
26882688 (g) A designee for a candidate, a political committee, a 1811
26892689 political action committee, or political party may inspect all 1812
26902690 ballot materials in accordance with s. 101.572, including Tier 1 1813
26912691 and Tier 2 forms of identification neces sary to accept or reject 1814
26922692 a ballot certificate signature match. 1815
26932693 (h) A voter signature mismatch on a voter certificate 1816
26942694 envelope that is rejected by the county canvassing board must be 1817
26952695 cured by the elector before his or her signature may be accepted 1818
26962696 and vote counted. The elector shall complete a cure affidavit 1819
26972697 and return to the county canvassing board the affidavit and Tier 1820
26982698 1 or Tier 2 forms of identification. 1821
26992699 (i) The voter certificate envelope, the cure affidavit, 1822
27002700 and the Tier 1 or Tier 2 forms of identif ication are considered 1823
27012701 ballot materials under s. 101.572. These ballot materials 1824
27022702 provide supporting evidence to accept or reject a signature on a 1825
27032703
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27112711 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
27122712
27132713
27142714
27152715 certificate and shall be reviewed by the canvassing board and 1826
27162716 made available to a designee for a candidate, a political 1827
27172717 committee, a political action committee, or a political party. 1828
27182718 (j) The supervisor shall provide to the designee for a 1829
27192719 candidate, political committee, political action committee, or 1830
27202720 political party access to any materials considered ballot 1831
27212721 materials under s. 101.572 which are necessary to complete the 1832
27222722 task of cure affidavit review. A time shall be arranged each day 1833
27232723 and made open to the public for a designee for a candidate, 1834
27242724 political committee, political action committee, or political 1835
27252725 party to complete a cure affidavit review of unique returned 1836
27262726 cure affidavits that have been returned since the previous day 1837
27272727 made open to the public. As long as the vote counting center is 1838
27282728 open to the public, the supervisor may not limit the time 1839
27292729 necessary for a desig nee for a candidate, a political committee, 1840
27302730 a political action committee, or a political party to complete a 1841
27312731 cure affidavit review of ballot materials. 1842
27322732 (k)(g) If a vote-by-mail ballot is validated following the 1843
27332733 submission of a cure affidavit, the supervi sor shall make a copy 1844
27342734 of the affidavit, affix it to a voter registration application, 1845
27352735 and immediately process it as a valid request for a signature 1846
27362736 update pursuant to s. 98.077. 1847
27372737 (l) A log shall be kept of cure challenges levied by 1848
27382738 public inspectors, including the voter name, the voter 1849
27392739 identification, the voter precinct, the reason for the cure 1850
27402740
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27482748 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
27492749
27502750
27512751
27522752 affidavit, the reason the voter certificate envelope was 1851
27532753 initially rejected, the reason for any challenges made to the 1852
27542754 cure affidavit signature, Tier 1 and Tier 2 identification, and 1853
27552755 the final disposition of the cure affidavit. 1854
27562756 1. The log, the cure affidavit, if applicable, the 1855
27572757 envelope, and the ballot, if rejected, shall be preserved in t he 1856
27582758 manner that official ballots are preserved. The log and 1857
27592759 decisions must be reviewed as part of a postelection process 1858
27602760 audit and cure reports shall be made available to the public by 1859
27612761 precinct. 1860
27622762 2. If a designee protests a cure affidavit and the protest 1861
27632763 is subsequently rejected by the county canvassing board, the 1862
27642764 ballot shall be counted as a cast vote and entered into the 1863
27652765 final vote count. The county canvassing board shall record in 1864
27662766 the log the reason for the protest, the reason for the protest 1865
27672767 rejection, the voter identification, the voter precinct, the 1866
27682768 reason the cure affidavit was required, and the voter 1867
27692769 certificate envelope that was originally rejected. 1868
27702770 3. Daily county canvassing board minutes shall contain 1869
27712771 board decisions relating to cure affidavits, including the voter 1870
27722772 identification and precinct discussed. 1871
27732773 (m)(h) After all election results on the ballot have been 1872
27742774 certified, the supervisor shall, on behalf of the county 1873
27752775 canvassing board, notify each elector whose ballot has been 1874
27762776 rejected as illegal and provide the specific reason the ballot 1875
27772777
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27852785 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
27862786
27872787
27882788
27892789 was rejected. The supervisor shall research the elector whose 1876
27902790 ballot was rejected as illegal using all available resources to 1877
27912791 determine if the elector is still eligible to vote. If the 1878
27922792 elector is determined to be eligible to vote In addition, unless 1879
27932793 processed as a signature update pursuant to paragraph (k) (g), 1880
27942794 the supervisor shall mail a voter registration application to 1881
27952795 the elector to be completed indicating the elector's current 1882
27962796 signature if the signature on th e voter's certificate or cure 1883
27972797 affidavit did not match the elector's signature in the 1884
27982798 registration books or precinct register. 1885
27992799 (n) Any information not confidential or exempt from s. 1886
28002800 119.07(1) must be made available to candidate, political party, 1887
28012801 or political committee designees, including information on 1888
28022802 electors who are notified of a signature mismatch and provided 1889
28032803 instructions to complete a cure affidavit by the supervisor. 1890
28042804 Section 16. Section 101.69, Florida Statutes, is amended 1891
28052805 to read: 1892
28062806 101.69 Voting in person; return of vote -by-mail ballot.— 1893
28072807 (1) The provisions of this code shall not be construed to 1894
28082808 prohibit any elector from voting in person at the elector's 1895
28092809 precinct on the day of an election or at an early voting site, 1896
28102810 notwithstanding that the elector has requested a vote -by-mail 1897
28112811 ballot for that election. An elector who has returned a voted 1898
28122812 vote-by-mail ballot to the supervisor, however, is deemed to 1899
28132813 have cast his or her ballot and is not entitled to vote another 1900
28142814
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28222822 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
28232823
28242824
28252825
28262826 ballot or to have a provisi onal ballot counted by the county 1901
28272827 canvassing board. An elector who has received a vote -by-mail 1902
28282828 ballot and has not returned the voted ballot to the supervisor, 1903
28292829 but desires to vote in person, shall return the ballot, whether 1904
28302830 voted or not, to the election boa rd in the elector's precinct or 1905
28312831 to an early voting site. The returned ballot voter certificate 1906
28322832 envelope containing an uncast ballot shall be marked "canceled" 1907
28332833 with a permanent marker. In the presence of the elector and a 1908
28342834 second poll worker, the board shall open the voter certificate 1909
28352835 envelope and mark "canceled" with a permanent marker across the 1910
28362836 ballot and place the ballot shall be marked "canceled" by the 1911
28372837 board and placed with other canceled ballots. However, if the 1912
28382838 elector does not return the ballot and t he election official: 1913
28392839 (a) Confirms that the supervisor has received the 1914
28402840 elector's vote-by-mail ballot, the elector shall not be allowed 1915
28412841 to vote in person. If the elector maintains that he or she has 1916
28422842 not returned the vote -by-mail ballot or remains eligibl e to 1917
28432843 vote, the elector shall be provided a provisional ballot as 1918
28442844 provided in s. 101.048. 1919
28452845 (b) Confirms that the supervisor has not received the 1920
28462846 elector's vote-by-mail ballot, the elector shall be allowed to 1921
28472847 vote in person as provided in this code. The ele ctor's vote-by-1922
28482848 mail ballot, if subsequently received, shall not be counted and 1923
28492849 shall remain in the mailing envelope, and the envelope shall be 1924
28502850 marked "Rejected as Illegal 2nd Ballot." If it is determined 1925
28512851
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28592859 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
28602860
28612861
28622862
28632863 that the signature on the voter certificate does not match the 1926
28642864 voter's signature, the vote -by-mail ballot and voter certificate 1927
28652865 envelope shall be submitted to the Office of Election Crimes and 1928
28662866 Security for investigation. 1929
28672867 (c) Cannot determine whether the supervisor has received 1930
28682868 the elector's vote-by-mail ballot, the elector may vote a 1931
28692869 provisional ballot as provided in s. 101.048. 1932
28702870 (2)(a) The supervisor shall allow an elector who has 1933
28712871 received a vote-by-mail ballot to physically return a voted 1934
28722872 vote-by-mail ballot to the supervisor by placing the return mail 1935
28732873 envelope containing his or her marked ballot in a secure ballot 1936
28742874 intake station. Secure ballot intake stations shall be placed at 1937
28752875 the main office of the supervisor, at each permanent branch 1938
28762876 office of the supervisor which meets the criteria set forth in 1939
28772877 s. 101.657(1)(a) for branch offices used for early voting and 1940
28782878 which is open for at least the minimum number of hours 1941
28792879 prescribed by s. 98.015(4), and inside at each early voting 1942
28802880 site. Secure ballot intake stations may also be placed at any 1943
28812881 other site that would otherwise qualify as an early voting site 1944
28822882 under s. 101.657(1). Secure ballot intake stations must be 1945
28832883 geographically located so as to provide all voters in the county 1946
28842884 with an equal opportunity to cast a ballot, insofar as is 1947
28852885 practicable. Except for secure ballot intake stations at an 1948
28862886 office of the supervisor, A secure ballot intake station may 1949
28872887 only be used during the county's early voting hours of operation 1950
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28962896 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
28972897
28982898
28992899
29002900 if located inside an early voting site or inside an office of 1951
29012901 the supervisor and must be monitored in person by an employee of 1952
29022902 the supervisor's office. A secure ballot intake station at an 1953
29032903 office of the supervisor must be continuously monitored in 1954
29042904 person by an employee of the supervisor's office when the secure 1955
29052905 ballot intake station is accessible for depo sit of ballots. 1956
29062906 (b) A supervisor shall designate each secure ballot intake 1957
29072907 station location at least 30 days before an election. The 1958
29082908 supervisor shall provide the address of each secure ballot 1959
29092909 intake station location to the division at least 30 days befor e 1960
29102910 an election. After a secure ballot intake station location has 1961
29112911 been designated, it may not be moved or changed except as 1962
29122912 approved by the division to correct a violation of this 1963
29132913 subsection. 1964
29142914 (c)1. On each day of early voting, all secure ballot 1965
29152915 intake stations must be inspected to verify no ballots are 1966
29162916 present at the start of early voting hours and must be emptied 1967
29172917 at the end of early voting hours . and All ballots retrieved from 1968
29182918 the secure ballot intake stations must be returned to the 1969
29192919 supervisor's office using the chain of custody standards 1970
29202920 required under s. 101.015 . 1971
29212921 2. For secure ballot intake stations located at an office 1972
29222922 of the supervisor, all ballots must be retrieved before the 1973
29232923 secure ballot intake station is no longer monitored by an 1974
29242924 employee of the supervisor. 1975
29252925
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29332933 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
29342934
29352935
29362936
29372937 3. Employees of the supervisor must comply with procedures 1976
29382938 for the chain of custody of ballots as required by s. 1977
29392939 101.015(4). 1978
29402940 (3) If any secure ballot intake station is left accessible 1979
29412941 for ballot receipt other than as authorized by this sec tion or a 1980
29422942 secure intake station is deployed which does not meet department 1981
29432943 standards, the supervisor is subject to a civil penalty of 1982
29442944 $25,000. The division is authorized to enforce this provision. 1983
29452945 Section 17. Subsections (2) and (3) of section 101.6921 , 1984
29462946 Florida Statutes, are amended to read: 1985
29472947 101.6921 Delivery of special vote -by-mail ballot to 1986
29482948 certain first-time voters.— 1987
29492949 (2) The supervisor shall enclose with each vote -by-mail 1988
29502950 ballot three envelopes: a secrecy envelope, into which the 1989
29512951 absent elector will enclose his or her marked ballot; an 1990
29522952 envelope containing the Voter's Certificate ; an identification 1991
29532953 envelope, into which the absent elector shall place the secrecy 1992
29542954 envelope; and a mailing envelope, which shall be addressed to 1993
29552955 the supervisor and into wh ich the absent elector will place the 1994
29562956 envelope containing the Voter's Certificate and the 1995
29572957 identification envelope containing a copy of the required 1996
29582958 identification. 1997
29592959 (3) The Voter's Certificate shall be in substantially the 1998
29602960 following form: 1999
29612961 2000
29622962
29632963 HB 1669 2024
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29702970 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
29712971
29722972
29732973
29742974 Note: Please Read Instructions Carefully Before 2001
29752975 Marking Ballot and Completing Voter's Certificate. 2002
29762976 VOTER'S CERTIFICATE 2003
29772977 I, ...., do solemnly swear or affirm that I am a 2004
29782978 qualified and registered voter of .... County, 2005
29792979 Florida, and that I have not and will not vote more 2006
29802980 than one ballot in this election. I understand that if 2007
29812981 I commit or attempt to commit any fraud in connection 2008
29822982 with voting, vote a fraudulent ballot, or vote more 2009
29832983 than once in an election, I can be convicted of a 2010
29842984 felony of the third degree and fined up to $5 ,000 2011
29852985 and/or imprisoned for up to 5 years. I also understand 2012
29862986 that failure to sign this certificate will invalidate 2013
29872987 my ballot. I understand that unless I meet one of the 2014
29882988 exemptions below, I must provide a copy of a current 2015
29892989 and valid identification as provide d in the 2016
29902990 instruction sheet to the supervisor of elections in 2017
29912991 order for my ballot to count. 2018
29922992 I further certify that I am exempt from the 2019
29932993 requirements to furnish a copy of a current and valid 2020
29942994 identification with my ballot because of one or more 2021
29952995 of the following (check all that apply): 2022
29962996 ☐ I am 65 years of age or older. 2023
29972997 ☐ I have a permanent or temporary physical 2024
29982998 disability and have included a copy of a doctor's note 2025
29992999
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30073007 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
30083008
30093009
30103010
30113011 or social security disability document . 2026
30123012 ☐ I am a member of a uniformed service on active 2027
30133013 duty who, by reason of such active duty, will be 2028
30143014 absent from the county on election day and have 2029
30153015 included a copy of my current military identification . 2030
30163016 ☐ I am a member of the Merchant Marine who, by 2031
30173017 reason of service in the Merchant Marine, will be 2032
30183018 absent from the county on election day and have 2033
30193019 included a copy of my current Merchant Marine 2034
30203020 identification. 2035
30213021 ☐ I am the spouse or dependent of a member of the 2036
30223022 uniformed service or Merchant Marine who, by reason of 2037
30233023 the active duty or service of the member, will be 2038
30243024 absent from the county on election day and have 2039
30253025 included a copy of my uniformed services dependent 2040
30263026 identification. 2041
30273027 ☐ I am currently residing outside the United 2042
30283028 States and have included a copy of one of the 2043
30293029 following that show my name and my former Florida 2044
30303030 address and the address at which I reside outside the 2045
30313031 United States: 2046
30323032 1. Utility bill. 2047
30333033 2. Bank statement. 2048
30343034 3. Government issued check. 2049
30353035 4 Paycheck. 2050
30363036
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30443044 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
30453045
30463046
30473047
30483048 5. Other government document, excluding a voter 2051
30493049 identification card. 2052
30503050 ...(Date)... 2053
30513051 ...(Voter's Printed Name)... 2054
30523052 ...Voter's Signature... 2055
30533053 ...(Voter's E-mail Address)[Optional]... 2056
30543054 ...(Voter's Home Telephone Number)[Optional]... 2057
30553055 ...(Voter's Cellular Telephone Number)[Optional]... 2058
30563056 2059
30573057 Section 18. Subsection (2) of section 101.6923, Florida 2060
30583058 Statutes, is amended to read: 2061
30593059 101.6923 Special vote -by-mail ballot instructions for 2062
30603060 certain first-time voters.— 2063
30613061 (2) A voter covered by this section must be provided with 2064
30623062 printed instructions with his or her vote -by-mail ballot in 2065
30633063 substantially the following form: 2066
30643064 2067
30653065 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR 2068
30663066 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 2069
30673067 YOUR BALLOT NOT TO COUNT. 2070
30683068 1. In order to ensure that your vote -by-mail 2071
30693069 ballot will be counted, it should be completed and 2072
30703070 returned as soon as possible so that it can reach the 2073
30713071 supervisor of elections of the county in which your 2074
30723072 precinct is located no later than 7 p.m. on the date 2075
30733073
30743074 HB 1669 2024
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30813081 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
30823082
30833083
30843084
30853085 of the election. However, if you are an overseas voter 2076
30863086 casting a ballot in a presidential preference primary 2077
30873087 or general election, your vote -by-mail ballot must be 2078
30883088 postmarked or dated no later than the date of the 2079
30893089 election and received by the supervisor of elections 2080
30903090 of the county in which you are registered to vote no 2081
30913091 later than 10 days after the date of the election. 2082
30923092 Note that the later you return your ballot, the less 2083
30933093 time you will have to cure signature deficiencies, 2084
30943094 which is authorized until 5 p.m. local time on the 2nd 2085
30953095 day after the election. 2086
30963096 2. Mark your ballot in secret as instructed on 2087
30973097 the ballot. You must mark your own ballot unless you 2088
30983098 are unable to do so because of blindness, disability, 2089
30993099 or inability to read or write. 2090
31003100 3. Mark only the number of candidates or issue 2091
31013101 choices for a race as indicated on the ballot. If you 2092
31023102 are allowed to "Vote for One" candidate and you vote 2093
31033103 for more than one, your vote in that race will not be 2094
31043104 counted. 2095
31053105 4. Place your marked ballot in the enclosed 2096
31063106 secrecy envelope and seal the envelope. 2097
31073107 5. Insert the secrecy envelope into the enclosed 2098
31083108 envelope bearing the Voter's Certificate. Seal the 2099
31093109 envelope and completely fill out the Voter's 2100
31103110
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31183118 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
31193119
31203120
31213121
31223122 Certificate on the back of the envelope. 2101
31233123 a. You must sign your name on the line above 2102
31243124 (Voter's Signature). 2103
31253125 b. If you are an overseas voter, you must 2104
31263126 include the date you signed the Voter's Certificate on 2105
31273127 the line above (Date) or your ballot may not be 2106
31283128 counted. 2107
31293129 c. A vote-by-mail ballot will be considered 2108
31303130 illegal and will not be counted i f the signature on 2109
31313131 the Voter's Certificate does not match the signature 2110
31323132 on record. The signature on file at the start of the 2111
31333133 canvass of the vote-by-mail ballots is the signature 2112
31343134 that will be used to verify your signature on the 2113
31353135 Voter's Certificate. If you need to update your 2114
31363136 signature for this election, send your signature 2115
31373137 update on a voter registration application to your 2116
31383138 supervisor of elections so that it is received before 2117
31393139 your vote-by-mail ballot is received. 2118
31403140 5.a. If you have registered to vote withou t a 2119
31413141 driver license or Florida identification card and have 2120
31423142 not previously provided the one of the following 2121
31433143 identification documents to an election official 6. 2122
31443144 Unless you meet one of the exemptions in Item 7. , you 2123
31453145 must make a copy of one of the following f orms of 2124
31463146 identification: 2125
31473147
31483148 HB 1669 2024
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31553155 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
31563156
31573157
31583158
31593159 (I) A United States passport; or 2126
31603160 (II)(A) A United States birth certificate, 2127
31613161 United States naturalization papers, a consular report 2128
31623162 of birth abroad provided by the United States 2129
31633163 Department of State, or a social security card; and 2130
31643164 (B) An acceptable, current photo identification 2131
31653165 which must include your name and photograph. 2132
31663166 Acceptable photo identification includes a a. 2133
31673167 identification which must include your name and 2134
31683168 photograph: United States passport; debit or credit 2135
31693169 card; military identification; student identification; 2136
31703170 retirement center identification; neighborhood 2137
31713171 association identification; public assistance 2138
31723172 identification; a veteran health identification card 2139
31733173 issued by the United States Department of Veterans 2140
31743174 Affairs; a Florida license to carry a concealed weapon 2141
31753175 or firearm; or an employee identification card issued 2142
31763176 by any branch, department, agency, or entity of the 2143
31773177 Federal Government, the state, a county, or a 2144
31783178 municipality.; or 2145
31793179 b. If you have registered to vote without a 2146
31803180 driver license or Florida identification card you must 2147
31813181 also make a copy of one of the following documents 2148
31823182 dated within the last 2 months that contains the name 2149
31833183 and residence address listed on your voter 2150
31843184
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31923192 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
31933193
31943194
31953195
31963196 registration application. Acceptable identification 2151
31973197 that which shows your name and current residence 2152
31983198 address includes a: current utility bill, bank 2153
31993199 statement, government check, paycheck, or government 2154
32003200 document (excluding voter information card). 2155
32013201 c. If you have registered to vote without a 2156
32023202 driver license or Florida identification card and meet 2157
32033203 the requirements of Item 6., you may provide the 2158
32043204 following as a proof of prior Florida residence: 2159
32053205 (I) Documents listed in Item 5.b. that are not 2160
32063206 current plus a current equivalent document listing 2161
32073207 your non-United States residence. 2162
32083208 (II) A consular report of birth abroad provided 2163
32093209 by the United States Department of State and proof 2164
32103210 that your parents previously resided in the State of 2165
32113211 Florida. 2166
32123212 d. Documents provided under Item 5. may be 2167
32133213 submitted using the same methods allowed under s. 2168
32143214 101.68. 2169
32153215 6.7. The identification requirements of Item 2170
32163216 5.6. do not apply if you meet one of the following 2171
32173217 requirements: 2172
32183218 a. You are 65 years of age or older as 2173
32193219 documented by a copy of a birth certificate proving 2174
32203220 your age. 2175
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32293229 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
32303230
32313231
32323232
32333233 b. You have a temporary or permanent physical 2176
32343234 disability as documented by a copy of a doctor's 2177
32353235 affidavit stating your disability status or social 2178
32363236 security disability doc ument provided to a voter 2179
32373237 registration official . 2180
32383238 c. You are a member of a uniformed service on 2181
32393239 active duty as documented by a current military 2182
32403240 identification provided to a voter registration 2183
32413241 official who, by reason of such active duty, will be 2184
32423242 absent from the county on election day. 2185
32433243 d. You are a member of the Merchant Marine as 2186
32443244 documented by a current Merchant Marine identification 2187
32453245 who, by reason of service in the Merchant Marine, will 2188
32463246 be absent from the county on election day. 2189
32473247 e. You are the spouse o r dependent of a member 2190
32483248 referred to in paragraph c. or paragraph d. as 2191
32493249 documented by a uniformed services dependent 2192
32503250 identification who, by reason of the active duty or 2193
32513251 service of the member, will be absent from the county 2194
32523252 on election day. 2195
32533253 f. You are currently residing outside the United 2196
32543254 States and provide one of the following: 2197
32553255 (I) Documents listed in Item 5.b. that are not 2198
32563256 current and a current equivalent document listing your 2199
32573257 non-United States residence. 2200
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32663266 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
32673267
32683268
32693269
32703270 (II) A consular report of birth abroad provide d 2201
32713271 by the United States Department of State and proof 2202
32723272 that parents previously resided in the state of 2203
32733273 Florida. 2204
32743274 2205
32753275 Documents provided under Item 6. may be provided to 2206
32763276 election officials using mail, e -mail, or fax. 2207
32773277 7.8. Place the envelope bearing the Voter's 2208
32783278 Certificate into the mailing envelope addressed to the 2209
32793279 supervisor. Insert a copy of your identification in 2210
32803280 the identification mailing envelope. DO NOT PUT YOUR 2211
32813281 IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE 2212
32823282 BALLOT OR INSIDE THE ENVELOPE WHICH BEARS TH E VOTER'S 2213
32833283 CERTIFICATE OR YOUR BALLOT WILL NOT COUNT. 2214
32843284 8. Place both the envelope bearing the Voter's 2215
32853285 Certificate and the identification envelope into the 2216
32863286 mailing envelope addressed to the supervisor. 2217
32873287 9. Mail, deliver, or have delivered the 2218
32883288 completed mailing envelope. Be sure there is 2219
32893289 sufficient postage if mailed. 2220
32903290 10. FELONY NOTICE. It is a felony under Florida 2221
32913291 law to accept any gift, payment, or gratuity in 2222
32923292 exchange for your vote for a candidate. It is also a 2223
32933293 felony under Florida law to vote in an elec tion using 2224
32943294 a false identity or false address, or under any other 2225
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33033303 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
33043304
33053305
33063306
33073307 circumstances making your ballot false or fraudulent. 2226
33083308 2227
33093309 Section 19. Paragraph (a) of subsection (1) and subsection 2228
33103310 (2) of section 102.012, Florida Statutes, are amended to read: 2229
33113311 102.012 Inspectors, and clerks, and absentee vote 2230
33123312 processing workers to conduct elections. — 2231
33133313 (1)(a) The supervisor of elections of each county, at 2232
33143314 least 20 days before prior to the holding of any election, shall 2233
33153315 appoint an election board comprised of poll workers who serve as 2234
33163316 clerks or inspectors for each precinct in the county and shall 2235
33173317 recruit absentee vote processing workers . The clerk shall be in 2236
33183318 charge of, and responsible for, seeing that the election board 2237
33193319 carries out its duties and responsibilities. Each in spector, 2238
33203320 absentee vote processing worker, and each clerk shall take and 2239
33213321 subscribe to an oath or affirmation, which shall be written or 2240
33223322 printed, to the effect that he or she will perform the duties of 2241
33233323 inspector, absentee vote processing worker, or clerk of 2242
33243324 election, respectively, according to law and will endeavor to 2243
33253325 prevent all fraud, deceit, or abuse in conducting the election. 2244
33263326 The oath may be taken before an officer authorized to administer 2245
33273327 oaths or before any of the persons who are to act as inspectors, 2246
33283328 one of them to swear the others, and one of the others sworn 2247
33293329 thus, in turn, to administer the oath to the one who has not 2248
33303330 been sworn. The oaths shall be returned with the poll list and 2249
33313331 the returns of the election to the supervisor. In all questions 2250
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33403340 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
33413341
33423342
33433343
33443344 that may arise before the members of an election board, the 2251
33453345 decision of a majority of them shall decide the question. The 2252
33463346 supervisor of elections of each county shall be responsible for 2253
33473347 the attendance and diligent performance of his or her duties by 2254
33483348 each clerk, absentee vote processing worker, and inspector. 2255
33493349 (2) Each member of the election board and each absentee 2256
33503350 vote processing worker must shall be able to read and write the 2257
33513351 English language and shall be a registered qualified elector of 2258
33523352 the county in which the member is appointed or a person who has 2259
33533353 preregistered to vote, pursuant to s. 97.041(1)(b), in the 2260
33543354 county in which the member is appointed. An No election board or 2261
33553355 work area of an absentee vote counting location may not shall be 2262
33563356 composed solely of members of one political party , except that; 2263
33573357 however, in any primary in which only one party has candidates 2264
33583358 appearing on the ballot, all clerks and inspectors may be of 2265
33593359 that party. Any person whose name appears as an opposed 2266
33603360 candidate for any office shall not be eligible to serve on an 2267
33613361 election board. 2268
33623362 Section 20. Section 102.014, Florida Statutes, is amended 2269
33633363 to read: 2270
33643364 102.014 Poll worker recruitment and training. — 2271
33653365 (1) The supervisor of elections shall conduct training for 2272
33663366 inspectors, clerks, absentee vote processing workers, and deputy 2273
33673367 sheriffs before prior to each primary, general, and special 2274
33683368 election for the purpose of instructing such persons in their 2275
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33773377 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
33783378
33793379
33803380
33813381 duties and responsibilities as election officials. The Division 2276
33823382 of Elections shall develop a statewide uniform training 2277
33833383 curriculum for poll workers, and each supervisor shall use such 2278
33843384 curriculum in training poll workers. The Department of State 2279
33853385 shall develop a statewide uniform training curriculum for 2280
33863386 absentee vote processing wo rkers, and each supervisor shall use 2281
33873387 such curriculum in training absentee vote processing workers. A 2282
33883388 certificate may be issued by the supervisor of elections to each 2283
33893389 person completing such training. No person shall serve as an 2284
33903390 inspector, clerk, absentee vote processing worker, or deputy 2285
33913391 sheriff for an election unless such person has completed the 2286
33923392 training as required. A clerk may not work at the polls unless 2287
33933393 he or she demonstrates a working knowledge of the laws and 2288
33943394 procedures relating to voter registration , voting system 2289
33953395 operation, balloting and polling place procedures, and problem -2290
33963396 solving and conflict -resolution skills. An absentee vote 2291
33973397 processing worker may not work in the vote processing center 2292
33983398 unless he or she demonstrates a working knowledge of the la ws 2293
33993399 and procedures relating to chain of custody, the work areas to 2294
34003400 which he or she may be assigned, physical security requirements, 2295
34013401 and problem-solving and conflict -resolution skills. 2296
34023402 (2) A person who has attended previous training conducted 2297
34033403 within 2 years before the election may be appointed by the 2298
34043404 supervisor to fill a vacancy on an election board or at an 2299
34053405 absentee vote processing location . If no person with prior 2300
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34143414 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
34153415
34163416
34173417
34183418 training is available to fill such vacancy, the supervisor of 2301
34193419 elections may fill such vacanc y in accordance with the 2302
34203420 provisions of subsection (3) from among persons who have not 2303
34213421 received the training required by this section. 2304
34223422 (3) In the case of absence or refusal to act on the part 2305
34233423 of any absentee vote processing worker, inspector, or clerk, the 2306
34243424 supervisor shall appoint a replacement who meets the 2307
34253425 qualifications prescribed in s. 102.012(2). The absentee vote 2308
34263426 processing worker, inspector, or clerk so appointed shall be a 2309
34273427 member of the same political party as the absentee vote 2310
34283428 processing worker, clerk, or inspector whom he or she replaces. 2311
34293429 (4) Each supervisor of elections shall be responsible for 2312
34303430 training absentee vote processing workers, inspectors, and 2313
34313431 clerks, subject to the following minimum requirements: 2314
34323432 (a) A No clerk may not shall be entitled to work at the 2315
34333433 polls unless he or she has had a minimum of 3 hours of training 2316
34343434 before prior to each election. 2317
34353435 (b) An No inspector may not shall work at the polls unless 2318
34363436 he or she has had a minimum of 2 hours of training before prior 2319
34373437 to each election. 2320
34383438 (c) An absentee vote processing worker may not work in a 2321
34393439 work area unless he or she has had a minimum of 2 hours of 2322
34403440 training before each election, including training for the work 2323
34413441 area to which he or she is assigned. 2324
34423442 (5) The Department of State shall create a uniform polling 2325
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34513451 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
34523452
34533453
34543454
34553455 place procedures manual and an absentee vote processing 2326
34563456 procedures manual and adopt the manuals manual by rule. Each 2327
34573457 supervisor of elections shall ensure that the appropriate manual 2328
34583458 is available in hard copy or electronic form in e very polling 2329
34593459 place and absentee vote processing location . The manuals manual 2330
34603460 shall guide absentee vote processing workers, inspectors, 2331
34613461 clerks, and deputy sheriffs in the proper implementation of 2332
34623462 election procedures and laws. The manuals manual shall be 2333
34633463 indexed by subject, and written in plain, clear, unambiguous 2334
34643464 language. The manual shall provide specific examples of common 2335
34653465 problems encountered at the polls and detail specific procedures 2336
34663466 for resolving those problems. 2337
34673467 (a) The polling place procedures manual shall include, 2338
34683468 without limitation: 2339
34693469 1.(a) Regulations governing solicitation by individuals 2340
34703470 and groups at the polling place .; 2341
34713471 2.(b) Procedures to be followed with respect to voters 2342
34723472 whose names are not on the precinct register .; 2343
34733473 3.(c) Proper operation of the voting system .; 2344
34743474 4.(d) Ballot handling procedures .; 2345
34753475 5.(e) Procedures governing spoiled ballots; 2346
34763476 6.(f) Procedures to be followed after the polls close .; 2347
34773477 7.(g) Rights of voters at the polls .; 2348
34783478 8.(h) Procedures for handling emergency situations .; 2349
34793479 9.(i) Procedures for dealing with irate voters .; 2350
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34883488 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
34893489
34903490
34913491
34923492 10.(j) The handling and processing of provisional 2351
34933493 ballots.; and 2352
34943494 11.(k) Security procedures. 2353
34953495 12. Chain of custody procedures. 2354
34963496 13. Communications devi ce policy. 2355
34973497 14. Rights and responsibilities of poll watchers at the 2356
34983498 polls. 2357
34993499 (b) The absentee vote processing manual shall include, but 2358
35003500 not be limited to: 2359
35013501 1. Regulations governing use of cell phones and wireless 2360
35023502 networking at the vote counting location. 2361
35033503 2. Proper communication settings and operation of vote 2362
35043504 counting location technologies. 2363
35053505 3. Procedures for management and use of portable storage 2364
35063506 media. 2365
35073507 4. Procedures for chain of custody between work areas and 2366
35083508 storage. 2367
35093509 5. Procedures for curing of b allots. 2368
35103510 6. Access to and control of ballots in storage or within 2369
35113511 work areas during working and nonworking hours. 2370
35123512 7. Rights and responsibilities of public watchers at the 2371
35133513 absentee vote processing location. 2372
35143514 8. Security procedures including building sec urity, 2373
35153515 physical port security, and system cybersecurity. 2374
35163516 9. Beginning of shift procedures. 2375
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35253525 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
35263526
35273527
35283528
35293529 10. End of shift procedures. 2376
35303530 11. Rights and responsibilities of public watchers at the 2377
35313531 absentee vote processing location. 2378
35323532 12. Ballot accounting and reconcili ation reports. 2379
35333533 2380
35343534 The Department of State shall revise the manuals manual as 2381
35353535 necessary to address new procedures in law or problems 2382
35363536 encountered by voters and poll workers at the precincts and by 2383
35373537 absentee vote processing workers at absentee vote counting 2384
35383538 locations. 2385
35393539 (6) Supervisors of elections shall work with the business 2386
35403540 and local community to develop public -private programs to ensure 2387
35413541 the recruitment of skilled absentee vote processing workers, 2388
35423542 inspectors, and clerks. 2389
35433543 (7) The Department of State shall develop a mandatory, 2390
35443544 statewide, and uniform program for training poll workers on 2391
35453545 issues of etiquette and sensitivity with respect to voters 2392
35463546 having a disability. The program must be conducted locally by 2393
35473547 each supervisor of elections, and each poll worker mu st complete 2394
35483548 the program before working during the current election cycle. 2395
35493549 The supervisor of elections shall contract with a recognized 2396
35503550 disability-related organization, such as a center for 2397
35513551 independent living, family network on disabilities, deaf service 2398
35523552 bureau, or other such organization, to develop and assist with 2399
35533553 training the trainers in the disability sensitivity programs. 2400
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35623562 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
35633563
35643564
35653565
35663566 The program must include actual demonstrations of obstacles 2401
35673567 confronted by disabled persons during the voting process, 2402
35683568 including obtaining access to the polling place, traveling 2403
35693569 through the polling area, and using the voting system. 2404
35703570 Section 21. Subsections (3) through (11) of section 2405
35713571 102.141, Florida Statutes, are renumbered as subsections (5) 2406
35723572 through (13), respectively, subsection ( 1), paragraph (a) of 2407
35733573 subsection (2), and present subsection (7) are amended, and new 2408
35743574 subsections (3) and (4) are added to that section, to read: 2409
35753575 102.141 County canvassing board; duties. — 2410
35763576 (1) The county canvassing board shall be composed of the 2411
35773577 supervisor of elections; a county court judge, who shall act as 2412
35783578 chair; and the chair of the board of county commissioners ; and 2413
35793579 two elected municipal officials. The elected municipal officials 2414
35803580 assigned to the canvassing board shall rotate amongst the 2415
35813581 municipalities within the county so that the municipal elected 2416
35823582 official is different every election cycle. The canvassing board 2417
35833583 must have at least two members from each major political party . 2418
35843584 The names of the canvassing board members must be published on 2419
35853585 the supervisor's website upon completion of the logic and 2420
35863586 accuracy test. At least two alternate canvassing board members 2421
35873587 must be appointed pursuant to paragraph (e). In the event any 2422
35883588 member of the county canvassing board is unable to serve, is a 2423
35893589 candidate who has opposit ion in the election being canvassed, or 2424
35903590 is an active participant in the campaign or candidacy of any 2425
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35993599 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
36003600
36013601
36023602
36033603 candidate who has opposition in the election being canvassed, 2426
36043604 such member shall be replaced as follows: 2427
36053605 (a) If a county court judge is unable to serve or if all 2428
36063606 are disqualified, the chief judge of the judicial circuit in 2429
36073607 which the county is located must appoint as a substitute member 2430
36083608 a qualified elector of the county who is not a candidate with 2431
36093609 opposition in the election being canvassed and who is not an 2432
36103610 active participant in the campaign or candidacy of any candidate 2433
36113611 with opposition in the election being canvassed. In such event, 2434
36123612 the members of the county canvassing board shall meet and elect 2435
36133613 a chair. 2436
36143614 (b) If the supervisor of elections is unable to serv e or 2437
36153615 is disqualified, the chair of the board of county commissioners 2438
36163616 must appoint as a substitute member a member of the board of 2439
36173617 county commissioners or a municipal official who is not a 2440
36183618 candidate with opposition in the election being canvassed and 2441
36193619 who is not an active participant in the campaign or candidacy of 2442
36203620 any candidate with opposition in the election being canvassed. 2443
36213621 The supervisor, however, shall act in an advisory capacity to 2444
36223622 the canvassing board. 2445
36233623 (c) If the chair of the board of county commissioners is 2446
36243624 unable to serve or is disqualified, the board of county 2447
36253625 commissioners must appoint as a substitute member one of its 2448
36263626 members who is not a candidate with opposition in the election 2449
36273627 being canvassed and who is not an active participant in the 2450
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36363636 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
36373637
36383638
36393639
36403640 campaign or candidacy of any candidate with opposition in the 2451
36413641 election being canvassed. 2452
36423642 (d) If a substitute member or alternate member cannot be 2453
36433643 appointed as provided elsewhere in this subsection, or in the 2454
36443644 event of a vacancy in such office, the chief judge of the 2455
36453645 judicial circuit in which the county is located must appoint as 2456
36463646 a substitute member or alternate member a qualified elector of 2457
36473647 the county who is not a candidate with opposition in the 2458
36483648 election being canvassed and who is not an active participant in 2459
36493649 the campaign or candidacy of any candidate with opposition in 2460
36503650 the election being canvassed. 2461
36513651 (e)1. The chief judge of the judicial circuit in which the 2462
36523652 county is located shall appoint a county court judge as a n 2463
36533653 alternate member of the county canvassing board or, if each 2464
36543654 county court judge is unable to serve or is disqualified, shall 2465
36553655 appoint an alternate member who is qualified to serve as a 2466
36563656 substitute member under paragraph (a). Any alternate may serve 2467
36573657 in any seat. 2468
36583658 2. The chair of the board of county commissioners shall 2469
36593659 appoint a member of the board of county commissioners as an 2470
36603660 alternate member of the county canvassing board or, if each 2471
36613661 member of the board of county commissioners is unable to serve 2472
36623662 or is disqualified, shall appoint an alternate member who is 2473
36633663 qualified to serve as a substitute member under paragraph (d). 2474
36643664 3. A quorum of at least three members of the county 2475
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36733673 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
36743674
36753675
36763676
36773677 canvassing board is required for all signature and provisional 2476
36783678 ballot review proceedings . If quorum cannot be established a 2477
36793679 member of the county canvassing board is unable to participate 2478
36803680 in a meeting of the board , the chair of the county canvassing 2479
36813681 board or his or her designee must designate which alternate 2480
36823682 member will serve as a member of th e board in the place of the 2481
36833683 member who is unable to participate at that meeting. 2482
36843684 4. If not serving as one of the three members of the 2483
36853685 county canvassing board, an alternate member may be present, 2484
36863686 observe, and communicate with the three members constitutin g the 2485
36873687 county canvassing board, but may not vote in the board's 2486
36883688 decisions or determinations. 2487
36893689 (2)(a) The county canvassing board shall meet in a 2488
36903690 building accessible to the public in the county where the 2489
36913691 election occurred at a time and place to be designate d by the 2490
36923692 supervisor to publicly canvass the absent electors' ballots as 2491
36933693 provided for in s. 101.68 and provisional ballots as provided by 2492
36943694 ss. 101.048, 101.049, and 101.6925. During each meeting of the 2493
36953695 county canvassing board, each political party and each c andidate 2494
36963696 may have one watcher able to view directly or on a display 2495
36973697 screen ballots being examined for signature matching and other 2496
36983698 processes. Each county canvassing board meeting must be 2497
36993699 monitored by real-time video available for public viewing and 2498
37003700 meeting minutes for each such meeting must be published on the 2499
37013701 supervisor's website. Provisional ballots cast pursuant to s. 2500
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37103710 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
37113711
37123712
37133713
37143714 101.049 shall be canvassed in a manner that votes for candidates 2501
37153715 and issues on those ballots can be segregated from other votes. 2502
37163716 As soon as the absent electors' ballots and the provisional 2503
37173717 ballots are canvassed, the board shall proceed to publicly 2504
37183718 canvass the vote given each candidate, nominee, constitutional 2505
37193719 amendment, or other measure submitted to the electorate of the 2506
37203720 county, as shown by the returns then on file in the office of 2507
37213721 the supervisor. 2508
37223722 (3)(a) Each day during an election, the county canvassing 2509
37233723 board shall review all of the following reports: 2510
37243724 1. Exception reports on ballot chain of custody 2511
37253725 documentation, including missing quanti ties, seals, and 2512
37263726 excessive transport times. 2513
37273727 2. Daily precinct and vote -by-mail ballot reconciliation 2514
37283728 reports. 2515
37293729 3. Daily manual cross -check reports in accordance with s. 2516
37303730 101.015(7). 2517
37313731 4. Portable data storage device chain of custody reports. 2518
37323732 5. Physical building and ballot storage area exception 2519
37333733 reports. 2520
37343734 (b) Upon completing the review required under paragraph 2521
37353735 (a), the county canvassing board shall take corrective actions 2522
37363736 as necessary and report to the department any issue that cannot 2523
37373737 be resolved. 2524
37383738 (4)(a) Before certifying an election the county canvassing 2525
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37473747 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
37483748
37493749
37503750
37513751 board shall review all of the following: 2526
37523752 1. Vote-by-mail reconciliation report outlined in s 2527
37533753 101.015(4)(c). 2528
37543754 2. The ballot, envelope, and seal accounting report 2529
37553755 required under s. 101.21(2). 2530
37563756 3. Ballot chain of custody reports from precincts, 2531
37573757 including reports on the transport of vote -by-mail ballots to 2532
37583758 permanent storage. 2533
37593759 (b) Any discrepancies identified in the review must be 2534
37603760 reported to the department. If a discrepancy involves a number 2535
37613761 of ballots that exceeds the margin of victory in any local race, 2536
37623762 the race may not be certified unless the discrepancy is 2537
37633763 resolved. If the discrepancy is not resolved, the race shall be 2538
37643764 deemed invalid and a special election must be held to fill the 2539
37653765 office in accordance with chapter 100. If the discrepancy is 2540
37663766 determined to be due to chain of custody mismanagement, the 2541
37673767 supervisor may be removed from office. 2542
37683768 (9)(7) If the unofficial returns reflect that a candidate 2543
37693769 for any office was defeated or eliminated by one -half of a 2544
37703770 percent or less of the votes cast for such office, that a 2545
37713771 candidate for retention to a judicial office was retained or not 2546
37723772 retained by one-half of a percent or less of the votes cast on 2547
37733773 the question of retention, or that a measure appearing on the 2548
37743774 ballot was approved or rejected by one -half of a percent or less 2549
37753775 of the votes cast on such measure, a manual recount using 2550
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37843784 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
37853785
37863786
37873787
37883788 original paper ballots and voter certificate envelopes shall be 2551
37893789 ordered of the votes cast with respect to such office or 2552
37903790 measure. The Secretary of State is responsible for ordering 2553
37913791 recounts in federal, state, and multicounty races. The county 2554
37923792 canvassing board or the local board responsible for certifying 2555
37933793 the election is responsible for ordering recounts in all other 2556
37943794 races. A recount need not be ordered with respect to the returns 2557
37953795 for any office, however, if the candidate or candidates defeated 2558
37963796 or eliminated from contention for such office by one -half of a 2559
37973797 percent or less of the votes cast for such office request in 2560
37983798 writing that a recount not be made. 2561
37993799 (a) Each canvassing board responsible for conducting a 2562
38003800 recount shall oversee a manual recount using original hand -2563
38013801 marked paper ballots and voter certificate envelopes and 2564
38023802 determine whether the returns correctly reflect the votes cast. 2565
38033803 The recount must include undervotes, overvotes, and blank 2566
38043804 ballots put each marksense ballot through automatic tabulating 2567
38053805 equipment and determine whether the returns correctly reflect 2568
38063806 the votes cast. If any marksense ballot is physically damaged so 2569
38073807 that it cannot be properly counted by the automatic tabulating 2570
38083808 equipment during the recount, a true duplicate shall be made of 2571
38093809 the damaged ballot pursuant to the procedures in s. 101.5614(4). 2572
38103810 Immediately before the start of the recount, a test of the 2573
38113811 tabulating equipment shall be conducted as provided in s. 2574
38123812 101.5612. If the test indicates no error, the recount tabulation 2575
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38213821 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
38223822
38233823
38243824
38253825 of the ballots cast shall be presumed correct and such votes 2576
38263826 shall be canvassed accordingly. If an error is detected, the 2577
38273827 cause therefor shall be ascert ained and corrected and the 2578
38283828 recount repeated, as necessary. The canvassing board shall 2579
38293829 immediately report the error, along with the cause of the error 2580
38303830 and the corrective measures being taken, to the Department of 2581
38313831 State. No later than 11 days after the elec tion, the canvassing 2582
38323832 board shall file a separate incident report with the Department 2583
38333833 of State, detailing the resolution of the matter and identifying 2584
38343834 any measures that will avoid a future recurrence of the error. 2585
38353835 If the automatic tabulating equipment used in a recount is not 2586
38363836 part of the voting system and the ballots have already been 2587
38373837 processed through such equipment, the canvassing board is not 2588
38383838 required to put each ballot through any automatic tabulating 2589
38393839 equipment again. 2590
38403840 (b) Each canvassing board responsi ble for conducting a 2591
38413841 recount where touchscreen ballots were used shall manually 2592
38423842 recount the paper output from each device examine the counters 2593
38433843 on the precinct tabulators to ensure that the total of the 2594
38443844 returns on the precinct tabulators equals the overall election 2595
38453845 return. If there is a discrepancy between the overall election 2596
38463846 return and the counters of the precinct tabulators, the counters 2597
38473847 of the precinct tabulators shall be presumed correct and such 2598
38483848 votes shall be canvassed accordingly . 2599
38493849 (c) The canvassing board shall submit on forms or in 2600
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38583858 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
38593859
38603860
38613861
38623862 formats provided by the division a second set of unofficial 2601
38633863 returns to the Department of State for each federal, statewide, 2602
38643864 state, or multicounty office or ballot measure. The returns 2603
38653865 shall be filed no later than 3 p.m. on the 5th day after any 2604
38663866 primary election and no later than 3 p.m. on the 9th day after 2605
38673867 any general election in which a recount was ordered by the 2606
38683868 Secretary of State. If the canvassing board is unable to 2607
38693869 complete the recount prescribed in this subsection b y the 2608
38703870 deadline, the second set of unofficial returns submitted by the 2609
38713871 canvassing board shall be identical to the initial unofficial 2610
38723872 returns and the submission shall also include a detailed 2611
38733873 explanation of why it was unable to timely complete the recount. 2612
38743874 However, the canvassing board shall complete the recount 2613
38753875 prescribed in this subsection, along with any manual recount 2614
38763876 prescribed in s. 102.166, and certify election returns in 2615
38773877 accordance with the requirements of this chapter. 2616
38783878 (d) The Department of State sh all adopt detailed rules 2617
38793879 prescribing additional recount procedures for each certified 2618
38803880 voting system, which shall be uniform to the extent practicable. 2619
38813881 Section 22. Subsection (1) is renumbered as subsection (2) 2620
38823882 and subsections (2) through (6) of section 102.166, Florida 2621
38833883 Statutes, are renumbered as subsections (6) through (10), 2622
38843884 respectively, present subsections (1) and (5) are amended, and 2623
38853885 new subsections (1), (3), (4), and (5) are added to that 2624
38863886 section, to read: 2625
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38953895 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
38963896
38973897
38983898
38993899 102.166 Manual recounts of overvotes and undervotes.— 2626
39003900 (1) Notwithstanding any provision of this section to the 2627
39013901 contrary, if the first set of unofficial returns pursuant to s. 2628
39023902 102.141 indicates that a candidate for any office was defeated 2629
39033903 or eliminated by 2 percent or less of the votes cast for such 2630
39043904 office, or if a candidate for retention to a judicial office was 2631
39053905 retained or not retained by 3 percent or less of the votes cast 2632
39063906 on the question of retention, the candidate may request a full 2633
39073907 manual recount of the original handmarked paper ballots ca st in 2634
39083908 the entire geographic jurisdiction of such office in view of the 2635
39093909 public. Voting equipment, including tabulators, may not be used 2636
39103910 to sort or count ballots in the manual recount process. Ballot 2637
39113911 images may not be used as a substitute for the original 2638
39123912 handmarked paper ballots. Only original handmarked ballots and 2639
39133913 paper output from voter interface devices may be used in the 2640
39143914 manual recount process. Candidates and candidates' designees 2641
39153915 must immediately be provided all requested reports, chain of 2642
39163916 custody forms, data, and log files and any other requested 2643
39173917 information from any system used during the election, including 2644
39183918 voting systems and other election systems. 2645
39193919 (2)(1) If the second set of unofficial returns pursuant to 2646
39203920 s. 102.141 indicates that a candidate for any office was 2647
39213921 defeated or eliminated by 1 one-quarter of a percent or less of 2648
39223922 the votes cast for such office, that a candidate for retention 2649
39233923 to a judicial office was retained or not retained by 1 one-2650
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39323932 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
39333933
39343934
39353935
39363936 quarter of a percent or less of the votes cast on the question 2651
39373937 of retention, or that a measure appearing on the ballot was 2652
39383938 approved or rejected by one -quarter of a percent or less of the 2653
39393939 votes cast on such measure, a manual recount of the overvotes 2654
39403940 and undervotes cast in the entire geographic jurisdiction of 2655
39413941 such office or ballot measure shall be ordered and conducted 2656
39423942 using original handmarked ballots and paper output from voter 2657
39433943 interface devices in view of the public, unless: 2658
39443944 (a) The candidate or candidates defeated or eliminated 2659
39453945 from contention by one-quarter of 1 percent or fewer of the 2660
39463946 votes cast for such office request in writing that a recount not 2661
39473947 be made; or 2662
39483948 (b) The number of overvotes and undervotes is fewer than 2663
39493949 the number of votes needed to change the outcome of the 2664
39503950 election. 2665
39513951 2666
39523952 The Secretary of State is responsible for ordering a manual 2667
39533953 recount for federal, state, and multicounty races. The county 2668
39543954 canvassing board or local board responsible for certifying the 2669
39553955 election is responsible for ordering a manual recount for all 2670
39563956 other races. A manual reco unt consists of a recount of marksense 2671
39573957 ballots or of digital images of those ballots by a person. 2672
39583958 (3) Notwithstanding any provision of this section to the 2673
39593959 contrary, if a measure appearing on the ballot was approved or 2674
39603960 rejected by 2 percent or less of the votes cast on such measure, 2675
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39693969 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
39703970
39713971
39723972
39733973 the Secretary of State or a county canvassing board or local 2676
39743974 board responsible for certifying the election in a county that 2677
39753975 is in the geographic jurisdiction of such measure may request a 2678
39763976 full manual recount of the original han dmarked paper ballots 2679
39773977 cast in the entire geographic jurisdiction of such ballot 2680
39783978 measure in view of the public. Voting equipment, including 2681
39793979 tabulators, may not be used to sort or count ballots in the 2682
39803980 manual recount process. Ballot images may not be used as a 2683
39813981 substitute for the original handmarked paper ballots. Only 2684
39823982 original handmarked paper ballots may be used in the manual 2685
39833983 recount process. The Secretary of State or the county canvassing 2686
39843984 board or local board must immediately be provided all requested 2687
39853985 reports, chain of custody forms, data, and log files and any 2688
39863986 other requested information from any equipment used during the 2689
39873987 election, including voting systems and other election systems. 2690
39883988 (4) Notwithstanding any provision of this section to the 2691
39893989 contrary, upon delivery of a petition signed by at least 5 2692
39903990 percent of county voters, a comprehensive audit must be 2693
39913991 conducted and include all paper ballots, vote -by-mail voter 2694
39923992 certificate envelopes, digital ballots, digital signatures in 2695
39933993 voter roll file alongside the corre sponding digital signatures 2696
39943994 of vote-by-mail voter certificate envelopes, voter rolls, and 2697
39953995 other equipment used in the given precinct election being 2698
39963996 audited. The auditors for such audit must be chosen by the 2699
39973997 petitioning voters and the audit must be complete d in view of 2700
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40064006 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
40074007
40084008
40094009
40104010 the public. 2701
40114011 (a) If the electors' petition concerns a single race, a 2702
40124012 manual audit shall consist of a public manual tally of the votes 2703
40134013 cast in that race appearing on the ballot. The tally sheet must 2704
40144014 include election day, vote -by-mail, early voting, provisional, 2705
40154015 and overseas paper ballots. In addition, the audit must include 2706
40164016 data collection and signature comparison, whether in paper or 2707
40174017 electronic form, of all vote -by-mail voter certificate 2708
40184018 envelopes, paper ballots, signatures, including all si gnatures 2709
40194019 in voter registration files, voter roll files, and other 2710
40204020 equipment used in the voting district being audited. 2711
40214021 (b) If the electors' petition concerns the votes cast 2712
40224022 across every race that appears on the ballot, a manual audit of 2713
40234023 the votes cast across every race appearing on the ballot shall 2714
40244024 be conducted. The tally sheet must include election day, vote -2715
40254025 by-mail, early voting, provisional, and overseas paper ballots. 2716
40264026 In addition, the audit must include data collection and 2717
40274027 signature comparison, whethe r in paper or electronic form, of 2718
40284028 all vote-by-mail voter certificate envelopes; ballots; 2719
40294029 signatures, including all signatures in voter registration 2720
40304030 files; voter roll files; and other equipment used in the voting 2721
40314031 district being audited. 2722
40324032 (5) Notwithstanding any provision of this section to the 2723
40334033 contrary, if there is a discrepancy of more than the margin of 2724
40344034 victory in any race on the ballot reconciliation report, a 2725
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40434043 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
40444044
40454045
40464046
40474047 manual audit of original ballots, voter certificate envelopes, 2726
40484048 and chain of custody forms must be completed for that race, 2727
40494049 including all paper ballots, vote -by-mail voter certificate 2728
40504050 envelopes, digital ballots, digital signatures in voter roll 2729
40514051 file alongside the corresponding digital signatures of the vote -2730
40524052 by-mail voter certificate envelopes, voter rolls, and other 2731
40534053 equipment used in the given precinct election being audited. The 2732
40544054 auditors for such audit must be chosen by the Division of 2733
40554055 Elections and the audit must be completed in view of the public. 2734
40564056 (6)(5) Procedures for a manual recount are as fol lows: 2735
40574057 (a) The county canvassing board shall appoint as many 2736
40584058 counting teams of at least two electors as is necessary to 2737
40594059 manually recount the ballots. A counting team must have, when 2738
40604060 possible, members of at least two political parties. A candidate 2739
40614061 involved in the race shall not be a member of the counting team. 2740
40624062 (b) Each duplicate ballot prepared pursuant to s. 2741
40634063 101.5614(4) or s. 102.141(9) s. 102.141(7) shall be compared 2742
40644064 with the original ballot to ensure the correctness of the 2743
40654065 duplicate. 2744
40664066 (c) If a counting team is unable to determine whether the 2745
40674067 ballot contains a clear indication that the voter has made a 2746
40684068 definite choice, the ballot shall be presented to the county 2747
40694069 canvassing board for a determination. 2748
40704070 (d) The Department of State shall adopt detailed ru les 2749
40714071 prescribing additional recount procedures for each certified 2750
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40804080 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
40814081
40824082
40834083
40844084 voting system which shall be uniform to the extent practicable. 2751
40854085 The rules shall address, at a minimum, the following areas: 2752
40864086 1. Security of ballots during the recount process; 2753
40874087 2. Time and place of recounts; 2754
40884088 3. Public observance of recounts; 2755
40894089 4. Objections to ballot determinations; 2756
40904090 5. Record of recount proceedings; 2757
40914091 6. Procedures relating to candidate and petitioner 2758
40924092 representatives; and 2759
40934093 7. Procedures relating to the certification and the use of 2760
40944094 automatic tabulating equipment that is not part of a voting 2761
40954095 system. 2762
40964096 Section 23. Section 104.21, Florida Statutes, is amended 2763
40974097 to read: 2764
40984098 104.21 Changing electors' ballots or voter certificate 2765
40994099 envelopes.— 2766
41004100 (1) Whoever fraudulently changes or attempts to change the 2767
41014101 vote or ballot of any elector, by which actions such elector is 2768
41024102 prevented from voting such ballot or from voting such ballot as 2769
41034103 the elector intended, is guilty of a felony of the third degree, 2770
41044104 punishable as provided in s. 775.082, s . 775.083, or s. 775.084. 2771
41054105 (2) An election worker who changes any information or 2772
41064106 marking on a voter certificate envelope in an attempt to cure an 2773
41074107 envelope deficiency commits a misdemeanor of the second degree, 2774
41084108 punishable as provided in s. 775.082 or s. 77 5.083. 2775
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41174117 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
41184118
41194119
41204120
41214121 Section 24. Section 104.291, Florida Statutes, is created 2776
41224122 to read: 2777
41234123 104.291 False representation of poll watcher 2778
41244124 identification.—A poll watcher who wears a poll watcher 2779
41254125 identification badge that belongs to another person commits a 2780
41264126 misdemeanor of the second degree, punishable as provided in s. 2781
41274127 775.082 or s. 775.083. 2782
41284128 Section 25. Section 104.30, Florida Statutes, is amended 2783
41294129 to read: 2784
41304130 104.30 Voting system; unlawful possession; tampering. — 2785
41314131 (1) Any unauthorized person who unlawfully has possess ion 2786
41324132 of any voting system, components, or key thereof commits is 2787
41334133 guilty of a misdemeanor of the first degree, punishable as 2788
41344134 provided in s. 775.082 or s. 775.083. 2789
41354135 (2) Any person who tampers or attempts to tamper with or 2790
41364136 destroy any voting system or equipment with the intention of 2791
41374137 interfering with the election process or the results thereof 2792
41384138 commits is guilty of a felony of the third degree, punishable as 2793
41394139 provided in s. 775.082, s. 775.083, or s. 775.084. 2794
41404140 (3) Any person who without lawful authorization prints a 2795
41414141 ballot or voter certificate envelope that appears to be a valid 2796
41424142 ballot or voter certificate envelope in this state commits a 2797
41434143 felony of the third degree, puni shable as provided in s. 2798
41444144 775.082, s. 775.083, or s. 775.084. 2799
41454145 Section 26. This act shall take effect July 1, 2024. 2800