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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to elections; amending s. 97.012, 2
F.S.; requiring the Secretary of State to take certain 3
actions regarding independent procedural audits for 4
elections; amending s. 97.021, F.S.; defining the 5
terms "absentee vote processing worker" and "othe r 6
election system"; amending s. 101.015, F.S.; requiring 7
the Department of State to adopt rules relating to the 8
security of certain voting procedures; requiring the 9
department to create a certain manual; requiring the 10
department to adopt by rule certain mi nimum security 11
standards; requiring county canvassing boards to 12
enforce such standards; requiring county canvassing 13
board manuals to include specified information; 14
requiring county canvassing boards to reconcile 15
certain ballots and forms; requiring the dep artment to 16
develop and adopt certain rules for the physical 17
security of election materials and technology, 18
absentee vote process reporting and observation, and 19
manual cross-checks for certain systems; amending s. 20
101.131, F.S.; authorizing political action committees 21
and political committees to have poll watchers in 22
polling rooms and early voting areas; revising the 23
date before which poll watchers must be designated; 24
revising the information that must be on a poll 25
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watcher's identification badge; prohibiting a poll 26
watcher from wearing another poll watcher's 27
identification badge; creating s. 101.132, F.S.; 28
authorizing certain persons to designate poll watchers 29
for absentee vote processing centers; providing 30
requirements for absentee vote processing center wor k 31
areas and the number of poll watchers who may observe 32
in each area; providing requirements for such 33
watchers; requiring the Department of State to 34
establish a certain telephone hotline; requiring the 35
department to adopt by rule a certain manual; 36
requiring the department to prescribe certain forms; 37
requiring a supervisor of elections to accept certain 38
forms; requiring a supervisor of elections to furnish 39
a specified list to county canvassing boards; 40
authorizing certain persons to be designated as poll 41
watchers; authorizing poll watchers to enter into 42
specified areas and watch operations in compliance 43
with certain safety recommendations; providing 44
requirements for poll watcher identification badges; 45
amending s. 101.21, F.S.; requiring a supervisor of 46
elections to determine the actual number of voter 47
certificate envelopes to be printed for each election; 48
providing requirements for printed ballots and voter 49
certificate envelopes; requiring a supervisor of 50
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elections to complete a certain report; requiring the 51
county canvassing boards to complete and reconcile the 52
review and approval of such report before an election 53
is certified; amending s. 101.545, F.S.; requiring a 54
supervisor of elections to retain envelopes, seals, 55
and video recordings for a certain time peri od; 56
authorizing the destruction of certain election 57
materials after a certain audit is completed and 58
published on the supervisor of election's website; 59
amending s. 101.5614, F.S.; requiring certain 60
information to be entered on certain forms; requiring 61
precinct poll workers to conduct certain hand -counted 62
audits; providing requirements and procedures for such 63
audits; providing that certain results may be provided 64
to county canvassing boards for a specified purpose; 65
prohibiting a tabulator from using networki ng 66
communication hardware; authorizing a supervisor of 67
elections to collect certain data in a certain manner; 68
requiring certain ballots to be duplicated in the 69
presence of certain watchers; authorizing a duplicate 70
to be made by hand duplication; authorizin g certain 71
persons to observe the duplication of ballots; 72
requiring a county canvassing board to convene in the 73
presence of certain parties for certain discussions 74
before certification of the election; amending s. 75
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101.595, F.S.; requiring that a certain aud it be 76
conducted after each election in certain 77
circumstances; providing requirements for such audit; 78
requiring the department to adopt rules; amending s. 79
101.6103, F.S.; requiring a supervisor of elections to 80
mail ballots with certain envelopes; requiring a 81
supervisor of elections to use separate postal service 82
billing permits for certain purposes; revising actions 83
an elector must take upon receipt of his or her 84
ballot; revising information to be included on the 85
voter's certificate; requiring an elector who requests 86
a replacement ballot to provide certain 87
identification; requiring a supervisor of elections to 88
verify signatures on certain sworn statements; 89
revising the circumstances in which such a ballot is 90
counted; requiring a supervisor of elections to kee p 91
such ballots stored in an area secured in a specified 92
manner; requiring that the canvassing of mail ballots 93
be open for public observation; amending s. 101.6104, 94
F.S.; requiring a ballot to be treated in a certain 95
manner upon county canvassing board rece ipt of a 96
challenge of a voter certificate envelope or cure 97
affidavit signature; amending s. 101.62, F.S.; 98
revising the methods by which a request for a vote -by-99
mail ballot may be made; requiring an absentee ballot 100
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request form to require the signature of t he voter; 101
requiring a person requesting a vote -by-mail ballot to 102
provide and attest to an authorized reason for such 103
request; providing such authorized reasons; requiring 104
voters to provide certain information in certain 105
written requests for vote -by-mail ballots; revising 106
circumstances under which the supervisor of elections 107
must cancel a request for a vote -by-mail ballot; 108
requiring the supervisor of elections to provide 109
certain information to the voter after such 110
cancelation; deleting provisions relating to absent 111
uniformed services voters and overseas voters; 112
requiring a supervisor of elections to record certain 113
information for each vote -by-mail ballot request; 114
revising a statement that must be marked on certain 115
envelopes; requiring verification of certain 116
information on a request form; providing that a person 117
who provides false information on an absentee ballot 118
request form commits a felony; providing criminal 119
penalties; amending s. 101.64, F.S.; revising the 120
specified envelopes that a supervisor of electio ns 121
must enclose with a vote -by-mail ballot; revising the 122
voter's certificate that accompanies vote -by-mail 123
ballots; amending s. 101.65, F.S.; revising the 124
instructions that a supervisor of elections must 125
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enclose with a vote-by-mail ballot; amending s. 126
101.655, F.S.; requiring a supervisor of elections to 127
provide bipartisan supervised voting for certain 128
absent electors at the request of certain persons; 129
providing requirements for the transportation and 130
chain of custody for ballots delivered to and 131
completed by certain absent electors; requiring a 132
supervised voting team to verify an elector's identity 133
in a certain manner; amending s. 101.68, F.S.; 134
requiring a supervisor of elections to verify a 135
certificate signature, a voter certificate envelope, 136
and ballot material in a specified manner; requiring a 137
supervisor of elections to evaluate certain photo 138
identification in a certain manner; requiring a county 139
canvassing board to complete the canvass of certain 140
ballots within a certain timeframe; requiring a county 141
canvassing board to make certain ballot comparisons 142
according to specified records and reports; specifying 143
that certain identification is considered ballot 144
material and must be presented to certain persons; 145
providing that certain envelopes are considered 146
illegal; requiring that logs of certain information be 147
kept; requiring that certain materials be preserved in 148
a specified manner and reviewed for certain purposes; 149
requiring a supervisor of elections to provide direct 150
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links to his or her website in certain ci rcumstances; 151
revising the vote-by-mail cure affidavit; authorizing 152
certain persons to inspect certain materials; 153
requiring the review of certain materials in certain 154
circumstances; requiring a supervisor of elections to 155
provide certain persons with certain access to certain 156
ballot materials; prohibiting a supervisor of 157
elections from limiting the time available to certain 158
persons to complete a cure affidavit review during 159
certain periods; providing that a ballot for which a 160
cure affidavit protest is rejecte d shall be counted; 161
requiring county canvassing board minutes to contain 162
certain information; requiring a supervisor of 163
elections to research certain electors to determine 164
their voter eligibility; requiring that certain 165
information be made available to cer tain persons; 166
amending s. 101.69, F.S.; revising the process for 167
marking certain returned ballots as canceled; 168
requiring that certain materials be submitted to the 169
Office of Election Crimes and Security for 170
investigation; revising locations at which secure 171
ballot intake stations may be placed; requiring 172
certain daily inspection of secure ballot intake 173
stations during early voting; providing a civil 174
penalty for supervisors of elections for deploying 175
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secure ballot intake stations that do not meet certain 176
standards; amending s. 101.6921, F.S.; revising the 177
specified envelopes that a supervisor of elections 178
must enclose with a vote -by-mail ballot; revising the 179
voter's certificate; amending s. 101.6923, F.S.; 180
revising the instructions that a supervisor of 181
elections must enclose with certain vote -by-mail 182
ballots; amending s. 102.012, F.S.; requiring a 183
supervisor of elections to recruit absentee vote 184
processing workers; requiring such workers to 185
subscribe to an oath or affirmation and meet certain 186
qualifications; amending s. 102.014, F.S.; requiring a 187
supervisor of elections to conduct required training 188
for absentee vote processing workers; requiring the 189
department to develop a certain uniform training 190
curriculum for use by supervisors of elections; 191
requiring such workers to demonstrate a working 192
knowledge of certain laws and procedures; requiring a 193
supervisor of elections to appoint a replacement for 194
such a worker in certain circumstances; prohibiting an 195
absentee vote processing worker from working in a work 196
area unless he or she completes certain minimum 197
training requirements; revising the contents of the 198
polling place procedures manual; requiring the 199
department to create and adopt by rule an absentee 200
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vote processing center procedures manual; providing 201
requirements for such manual; requiring the department 202
to revise such manual as necessary; amending s. 203
102.141, F.S.; revising the composition of county 204
canvassing boards; authorizing a supervisor of 205
elections to appoint a municipal official as a 206
substitute member of th e county canvassing board; 207
requiring a specified quorum of the county canvassing 208
board for certain proceedings; requiring real -time 209
video monitoring of county canvassing board meetings; 210
requiring meeting minutes to be published on the 211
supervisor of electio n's website; requiring the county 212
canvassing board to review certain reports each day 213
and take certain actions; authorizing candidates and 214
political parties to view certain forms and file 215
specified objections; requiring the county canvassing 216
board to review certain information before certifying 217
an election; requiring the county canvassing board to 218
address certain discrepancies in a certain manner; 219
requiring a special election in certain circumstances; 220
authorizing the supervisor of elections to be removed 221
from office in certain circumstances; requiring a 222
manual recount to use original paper ballots and voter 223
certificate envelopes in certain circumstances; 224
revising requirements for a county canvassing board 225
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conducting a recount; amending s. 102.166, F.S.; 226
authorizing a candidate to request a manual recount of 227
certain votes after a first set of unofficial returns 228
in certain circumstances; revising the percentage of 229
votes by which a candidate is defeated upon which a 230
manual recount of certain votes is required; p roviding 231
requirements for such recounts; authorizing certain 232
governmental entities to request a manual recount in 233
certain circumstances; requiring a certain audit to be 234
conducted upon delivery of a certain petition; 235
providing requirements for such audit; r equiring a 236
manual audit in certain races for which a specified 237
discrepancy exists; amending s. 104.21, F.S.; 238
providing that an election worker who changes certain 239
envelope information or markings commits a 240
misdemeanor; providing criminal penalties; creatin g s. 241
104.291, F.S.; providing that a poll watcher who wears 242
the identification badge of another person commits a 243
misdemeanor; providing criminal penalties; amending s. 244
104.30, F.S.; providing that a person who prints 245
certain ballots or voter certificate en velopes without 246
authorization commits a felony; providing criminal 247
penalties; providing an effective date. 248
249
Be It Enacted by the Legislature of the State of Florida: 250
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251
Section 1. Subsection (18) is added to section 97.012, 252
Florida Statutes, to rea d: 253
97.012 Secretary of State as chief election officer. —The 254
Secretary of State is the chief election officer of the state, 255
and it is his or her responsibility to: 256
(18) Organize, participate in, and provide legislative 257
reports on independent procedural audits to ensure election laws 258
and rules are consistently followed. 259
Section 2. Subsections (4) through (24) and (25) through 260
(47) of section 97.021, Florida Statutes, are renumbered as 261
subsections (5) through (25) and (27) through (49), 262
respectively, and new subsections (3) and (26) are added to that 263
section to read: 264
97.021 Definitions. —For the purposes of this code, except 265
where the context clearly indicates otherwise, the term: 266
(3) "Absentee vote processing worker" means a person who 267
performs functions related to absentee ballots including 268
receiving and transporting such ballots, signature verification, 269
ballot duplication, opening of voter certificates, tabulation, 270
storage, and administration of information systems used for 271
absentee ballot processi ng. 272
(26) "Other election system" means any information 273
technology other than a voting system which is used in the 274
election process and which is capable of adding, deleting, or 275
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modifying ballots or votes or which stores critical election 276
data. The term includes hosted technologies and service 277
providers that store or have access to critical election data. 278
The term also includes, but is not limited to, the voter 279
registration system, electronic precinct registers, tabulation 280
systems, mail sorters, election ni ght reporting systems, ballot 281
tracking solutions, and future technologies integrated into the 282
election process. 283
Section 3. Subsections (5), (6), and (7) of section 284
101.015, Florida Statutes, are renumbered as subsections (9), 285
(10), and (11), respective ly, new subsections (5), (6), and (7) 286
and subsection (8) are added to that section, and subsections 287
(3) and (4) and present subsection (6) of that section are 288
amended, to read: 289
101.015 Standards for voting systems. — 290
(3) The Department of State shall ad opt rules to achieve 291
and maintain the maximum degree of correctness, impartiality, 292
and efficiency, and security of the procedures of in-person and 293
absentee voting, including write -in voting, and of counting, 294
tabulating, and recording votes by voting system s and other 295
election systems used in this state. 296
(4)(a) The Department of State shall adopt rules 297
establishing minimum security standards for voting systems and 298
create an absentee ballot processing manual adopted by rule 299
which is composed of such standar ds. The standards, at a 300
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minimum, must address the following: 301
1. chain of custody of ballots, including chain of custody 302
forms and procedures for ballots returned by mail, secure ballot 303
intake stations, in-person return, or facsimile, which extends 304
through the work areas of the absentee vote counting location 305
and to storage. Chain of custody standards must: 306
1. Enable monitoring of the ballot transport and receiving 307
process by the county canvassing board and monitoring of 308
precertification audits and postc ertification procedural audits. 309
2. Include validation and reporting by the county 310
canvassing board on a daily basis during the election that the 311
required chain of custody forms are properly completed, that 312
chain of custody is not broken, that any exceptions are noted 313
with an action plan to resolve the issue, and that sent and 314
received ballot quantities and seals match and are consistent 315
with the seal number ranges and ballot transport container 316
numbers assigned to particular locations. Such validat ion and 317
reporting must include objective measures for determining ballot 318
quantities received at the vote counting location and 319
determining ballot quantities when moved between work areas of 320
the vote counting location. 321
3. Require that appropriate correcti ve measures as 322
determined by the department be taken immediately when the chain 323
of custody is broken. Such measures must include notification 324
and reasonable steps to correct the issue, employee education, 325
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disciplinary actions, reassignment, penalties, or c riminal 326
referral. 327
4. Provide definitions for and examples of an excessive 328
transport time; a broken seal; a marking that is not legally 329
binding, such as overwritten data entry without proper notation; 330
missing or disparate ballot quantities; and other circ umstances 331
that break chain of custody. 332
5. Prohibit the comingling of absentee ballots from a 333
secure ballot intake station, the United States Postal Service, 334
in-person return at the supervisor's office or vote counting 335
location, or facsimile until the cha in of custody validation is 336
completed from each source by election officials, political 337
action committee designees, and major political party designees. 338
6. If return ballot postage is prepaid by a supervisor, 339
require the supervisor to have separate post office billing 340
permits dedicated to and used exclusively for outgoing ballots 341
and returned ballots to enable auditing. Post office billing 342
records must be reconciled on a daily basis with the number of 343
absentee ballots sent to and received from the United States 344
Postal Service. The supervisor may not use the post office 345
billing permits required under this subparagraph for mailing of 346
other items. 347
7. If return ballot postage is not prepaid by a 348
supervisor, require the supervisor to employ other means to 349
reconcile the number of completed ballots transported between 350
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the post office box and the absentee vote counting location or 351
have the ballots delivered directly to the absentee vote 352
counting location. 353
8. Require that ballots returned by registered mail be 354
accepted and tracked in a log used for auditing purposes, if the 355
supervisor or voter chooses to pay for the service. 356
9. Require that chain of custody forms for completed 357
ballots from secure intake stations include fields for all of 358
the following: 359
a. The address of the secure ballot intake station 360
location and ballot transport container number. 361
b. The date and time. 362
c. Verification that the secure ballot intake station was 363
empty at the beginning of the day, with one verifier from each 364
major political party who shall sign and print his or her name 365
and write either "empty" or "not empty" to reflect the state in 366
which he or she found the intake receptacle. 367
d. The printed names and signatures of two persons who 368
count the ballots in the secure ballot inta ke station for 369
transport at the close of the day's authorized voting hours, 370
place the ballots in an assigned ballot transport container, and 371
place a seal on the ballot transport container. 372
e. The seal number placed on the ballot transport 373
container. 374
f. The printed names and signatures of two transporters 375
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accepting custody of the sealed voter certificate envelopes and 376
the seal number observed. 377
g. The transport vehicle type and license plate number. 378
h. The transporter departure time, the seal number o n the 379
ballot transport container, and a checkbox to confirm that the 380
seal is intact at the handoff. 381
i. The printed names and signatures of two vote counting 382
center staff accepting custody of the voter certificate 383
envelopes from transporters, the date, th e time, the seal 384
number, a checkbox to confirm that the seal is intact, the 385
quantity counted, and the method used to count. 386
j. The ballot transport container number. 387
k. Explanations for form anomalies or missing data, 388
including excessive transport time s, which includes any 389
documented period of transport that exceeds 12 hours. 390
10. Require that the supervisor be notified if a ballot is 391
found in the secure ballot intake station at the beginning of 392
the day. The supervisor shall research the origin of the ballot, 393
and if the supervisor determines that the ballot was placed in 394
the intake receptacle during authorized voting hours during the 395
previous day, the ballot must be processed. If the supervisor 396
determines that the ballot was placed in the intake recepta cle 397
outside of authorized voting hours or that the ballot envelope 398
does not display a valid county election serial number, the 399
supervisor must notify the voter that his or her ballot may not 400
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be counted unless it is cured, send the voter instructions to 401
complete a cure affidavit, and refer the matter to the Office of 402
Election Crimes and Security for investigation. 403
11. Provide that the facsimile used to send and receive 404
uniformed and overseas voter ballots may be used only for that 405
function, and the facsimi le transmission logs must be printed 406
daily, retained, and made available to the county canvassing 407
board, state and county inspectors and auditors, and public 408
watchers. 409
12. Require the maintenance of ballot -on-demand print 410
logs. The logs must be made avai lable to the county canvassing 411
board, state and county inspectors and auditors, and public 412
watchers. 413
13. Require, after the county canvassing board completes 414
the daily validation of the chain of custody, the number of 415
absentee ballots received at the vote counting location to be 416
posted daily, by source, on the supervisor's website. Any chain 417
of custody or validation issues and any observer objections must 418
be noted in the daily chain of custody report, entered into the 419
county canvassing board's minutes, and reported to the 420
department. 421
14. Require each ballot and envelope to have a unique 422
county election serial number. The unique county election serial 423
number must include at least 11 digits. The first three digits 424
must identify the county, the next four digits must identify the 425
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year of the election, and the next two digits must identify the 426
month of the election. Such numbers may not be repeated for 5 427
years. A supervisor must ensure that vendors are properly 428
allocated distinct ranges of numbers and that produced materials 429
contain only the allocated ranges of numbers before the ballots 430
and envelopes are mailed. Additional security measures must be 431
implemented to protect ballots from being illegally duplicated, 432
distributed, or inserted, including the sourci ng of ballots and 433
envelopes to separate vendors. 434
(b) The standards included in the absentee ballot 435
processing manual must be enforced by the county canvassing 436
board before opening voter certificate envelopes and by audit 437
before election certification, wi th disciplinary penalties for 438
noncompliance. The county canvassing board manual must include 439
procedures for monitoring of the chain of custody of ballots and 440
portable storage media, manual cross -check reports, and manual 441
counts. 442
(c) Before certifying an election, the county canvassing 443
board shall reconcile the number of ballots transported from 444
secure ballot intake stations, the United States Postal Service, 445
in-person return at the supervisor's office or vote counting 446
location, and facsimile with the numb er of absentee ballots 447
counted. The county canvassing board shall also reconcile the 448
chain of custody forms with the number of ballots transported 449
from the vote counting location to storage and the number of 450
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ballots counted. Both reconciliation reports req uire approval by 451
the Department of State before certification of the election and 452
must be promptly published on the supervisor's website. 453
(5) The Department of State shall develop and adopt rules 454
for the physical security of election materials and techno logy, 455
which must include all of the following: 456
(a) Standards for building security at absentee vote 457
counting locations. Electronic badge access must be required to 458
gain access to the absentee vote counting location and to secure 459
storage areas within the building. All employees and visitors, 460
including vendors, must be required to visibly wear photo 461
identification badges at all times. 462
(b) That an absentee vote counting location be in the 463
supervisor of election's office or a stand -alone building that 464
may include gated fencing. Absentee vote counting locations must 465
have video surveillance of all building and parking lot entries 466
and exits. 467
(c) That cable and other ports be sealed on all systems 468
left unattended overnight at any early voting location. 469
(d) Standards for secure ballot intake stations. Secure 470
ballot intake stations must be located inside polling places or 471
the main office of, and, if used, any branch office of, a 472
supervisor. A supervisor may only use a brand or model of secure 473
ballot intake station which the Department of State has 474
certified as secure. Secure ballot intake stations must be 475
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inspected and audited by bipartisan state or county teams 476
accompanied by public watchers. 477
(e) That ballots be transported by at least two persons, 478
each representing a different major political party. A duplicate 479
copy of the ballot transport form must be placed inside the 480
ballot transport container before the container is sealed. 481
(f) That once received at a vote counting location, a 482
sealed ballot transp ort container be stored in a secured area 483
under video surveillance and accessible only by electronic badge 484
access. Compliance must be validated by the county canvassing 485
board with public observation. 486
(g) A prohibition on opening any sealed container of 487
completed ballots without observation by members of both major 488
political parties and the public. 489
(h) That portable storage media be stored in a secured 490
area under video surveillance and accessible only by electronic 491
badge access. 492
(i) That the chain of c ustody of ballots, including a 493
detailed description of forms and procedures to create a 494
complete record of custody of ballots and paper outputs, begin 495
with the ballot design and the receipt of ballots from all 496
sources until such time as the ballots are des troyed. 497
(6) The Department of State shall adopt rules providing 498
absentee vote process reporting and observation requirements of 499
the supervisor of elections to state, county, and public 500
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preelection inspectors, election monitors, preelection 501
certification audits, and postelection certification procedural 502
audits. The rules must address: 503
(a) Reporting during and after the election cycle. 504
(b) Video viewing, video streaming of all ballot 505
processing, video recording storage, and public records requests 506
for video recordings. 507
(c) In-person observation. 508
(d) United States Postal Service liaison and monitoring. 509
(e) A ballot accounting report that must be completed by 510
the supervisor and reviewed by the canvassing board before 511
election certification. The ballo t accounting report must 512
reconcile: 513
1. The number of ballots tabulated in precincts, the 514
number of voters who checked in, and the number of ballots 515
counted during each day of early voting and election day. 516
2. The number of absentee ballots tabulated in the 517
absentee vote processing center each day and the chain of 518
custody form ballot totals from secure ballot intake stations, 519
the United States Postal Service, facsimile logs, and in -person 520
drop off each day. 521
3. The number of absentee ballots mailed out equals the 522
number of outbound ballots billed by the post office. 523
4. The number of ballots acquired or printed, including 524
ballot-on-demand ballots, and the number of ballots used, 525
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unused, spoiled, duplicated, and unreturned. 526
(f) Audits conducted by bipa rtisan state and county audit 527
teams with public observation to confirm that the required chain 528
of custody forms and processes are in compliance. Such audits 529
must include examination of post office billing records, fax 530
logs, and chain of custody forms. The rules must provide for 531
disciplinary actions and criminal referrals when appropriate. 532
The rules must require that if it is determined in a 533
postcertification audit that the number of ballots involved in 534
chain of custody breaches in an election exceed the mar gin of 535
victory in any race in that election, such race must be deemed 536
invalid and a special election must be held to fill the office 537
in accordance with chapter 100. If an audit failure is 538
determined to be due to chain of custody mismanagement, an audit 539
failure report must be generated by the Secretary of State and 540
made available to the public, and the supervisor overseeing the 541
process may be disciplined or removed from office. 542
(7) The Department of State shall adopt rules that include 543
manual cross-checks for legacy systems and systems that have 544
networking or other communication capability to ensure that such 545
systems have not been compromised by unauthorized changes in 546
settings, data manipulation, or malware. The rules must require: 547
(a) That early voting sites reconcile and report daily at 548
the close of authorized voting hours the: 549
1. Number of ballots tabulated by precinct tabulator, as 550
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calculated by subtracting the cumulative tabulator count at the 551
end of the prior day from the cumulative tabulator coun t of the 552
current day. 553
2. Number of completed ballots processed through the 554
precinct tabulator and transported to storage. 555
3. Number of voters who checked in to the precinct. 556
4. Number of blank ballots processed through the precinct 557
tabulator. All blank ballots must be placed in a separate 558
envelope to enable auditing. 559
(b) That, after the polls are closed on the first day of 560
early voting and on election day, precinct poll workers conduct 561
a hand-counted audit of both a randomly chosen race and the race 562
for the highest office on the ballot. In view of the public, 563
ballots must be placed in stacks according to the candidate 564
chosen on the ballots for that race. A poll worker from each of 565
the two largest political parties shall hand count those ballots 566
and verify the candidate choice. This process must be repeated 567
as necessary until the hand -counted totals from each poll worker 568
match. Hand-counted totals must be noted and compared to the 569
machine count. Any discrepancies must be flagged and reported to 570
the supervisor of elections and posted for the public. The 571
supervisor shall verify any discrepancies over the next 3 days 572
with interested members of the public and at least one person 573
from each major political party present. If the supervisor 574
determines that ther e is a discrepancy, all ballots for the 575
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entire precinct must be hand counted, and those results, once 576
verified, override the machine count. 577
(c) That, at least once during each day of absentee ballot 578
canvassing, election workers conduct hand -counted cross-checks 579
of each tabulator for a randomly chosen race on batches of 580
ballots. In view of the public, ballots must be placed in stacks 581
according to the candidate chosen on the ballots for that race. 582
An election worker shall hand count those ballots and verify any 583
discrepancies flagged, reported, and verified according to the 584
process required under paragraph (b). If the supervisor 585
determines that there is a discrepancy, all ballots for the 586
entire precinct must be hand counted, and those results, once 587
verified, override the machine count. Any tabulator that 588
produces erroneous results must be taken out of service until 589
the cause of the error is determined and corrected. When random 590
batches are analyzed, the contents of output sorter bins must be 591
inspected to validate proper sorting. 592
(d) That, if an automated signature verification system is 593
used, the settings be verified and documented four times each 594
day. The settings must be corrected if the settings are found to 595
be out of compliance. After such verification an d, if necessary, 596
correction, signatures on 20 voters' certificates must be 597
compared manually to determine if the signature verification 598
algorithm is functioning properly. If there is a discrepancy, 599
the signatures must be verified manually until the system is 600
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replaced or the cause of the issue is determined and corrected. 601
The employee performing this verification must sign the 602
verification form and print his or her name, the date, the time, 603
and the outcome. 604
(e) That, if an automated target duplication is u sed, 20 605
original ballots be compared four times each day to the original 606
ballot displayed on the duplication machine console to ensure 607
that the ballot is correctly displayed. If the display is 608
inconsistent, duplication must be completed manually until the 609
cause of the issue is determined and corrected. 610
(f) That, if an outbound mail assembly and sorter is used, 611
the transfer of outgoing ballots from the dock be under video 612
surveillance. After each batch is assembled and sorted, the 613
batch report quantity mus t be compared to the number of ballots 614
received at the dock, as determined by weight. 615
(g) That, if an inbound mail sorter is used, the number of 616
inbound envelopes processed daily be compared to the number of 617
ballots received at the dock as documented in chain of custody 618
forms from secure ballot intake stations and the United States 619
Postal Service. 620
(h) That the voter registration database be analyzed 621
monthly for registration anomalies. Any anomalies must be 622
investigated and corrected. The database must b e backed up daily 623
using a method that preserves the history of any changes made in 624
a manner that allows for restoration to previous versions of the 625
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history at any time. The supervisor shall use a department -626
approved storage device that uses technologies su ch as a write 627
once, read many, or "WORM," device, as appropriate. The 628
supervisor shall immediately, automatically, and securely 629
transmit to the department an identical copy of the database 630
backup. The supervisor and the department shall each retain the 631
database backup for at least 5 years. Such backups may be used 632
by internal auditors, independent third -party auditors, major 633
political parties, and the public for the purpose of auditing 634
voter registration transactions. 635
(i) That any changes or additions mad e in the 60-day 636
period preceding election day be tracked and audited by an 637
independent auditor. Audit reports must be made available to the 638
public at no charge and must include the mode and location of 639
unauthorized new registrations, registration updates, or 640
deletions occurring in the 60 -day period preceding election day, 641
and the voted status of every registrant registered to vote in 642
the election. A person may not be removed from the voter roll 643
until the audit is complete. An archived dataset of persons 644
removed from the voter roll, including each person's voting 645
history, must be maintained for auditing purposes. The archived 646
dataset must be included upon request with any distribution of 647
the voter roll. 648
(j) That, if new technologies are tested during an 649
election, the supervisor posts, in a conspicuous location 650
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visible to the public within the vote counting center and all 651
election locations, a notice providing the location, date, and 652
time of such testing. All machines and election equipment in 653
testing must clearly be labeled as such. 654
(k) That procedures for manual counts include video 655
recording and public observation a detailed description of 656
procedures to create a complete written record of the chain of 657
custody of ballots and paper outputs beginning with th eir 658
receipt from a printer or manufacturer until such time as they 659
are destroyed. 660
2. Transport of ballots, including a description of the 661
method and equipment used and a detailed list of the names of 662
all individuals involved in such transport. 663
3. Ballot security, including a requirement that all 664
ballots be kept in a locked room in the supervisor's office, a 665
facility controlled by the supervisor or county canvassing 666
board, or a public place in which the county canvassing board is 667
canvassing votes until n eeded for canvassing and returned 668
thereafter. 669
(8)(a)(b)1. Each supervisor shall establish written 670
procedures to assure accuracy and security in his or her county, 671
including procedures related to early voting pursuant to s. 672
101.657. Such procedures shall be reviewed in each odd -numbered 673
year by the department. 674
(b)2. Each supervisor shall submit any revisions to the 675
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security procedures to the department at least 45 days before 676
early voting commences pursuant to s. 101.657 in an election in 677
which they are to take effect. 678
(10)(6) All electronic and electromechanical voting 679
systems purchased on or after January 1, 1990, must meet the 680
minimum standards established under subsection (1). All 681
electronic and electromechanical voting systems in use on or 682
after July 1, 1993, must meet the minimum standards established 683
under subsection (1) or subsection (9) (5). 684
Section 4. Subsections (1), (2), and (5) of section 685
101.131, Florida Statutes, are amended to read: 686
101.131 Watchers at polls. — 687
(1) Each political p arty, political action committee, 688
political committee, and each candidate may have one watcher in 689
each polling room or early voting area at any one time during 690
the election. A political committee formed for the specific 691
purpose of expressly advocating the passage or defeat of an 692
issue on the ballot may have one watcher for each polling room 693
or early voting area at any one time during the election. A No 694
watcher may shall be permitted to come as close closer to the 695
officials' table, tabulator, secure ballot i ntake station, or 696
the voting booths as than is reasonably necessary to properly 697
perform his or her functions, and must but each shall be allowed 698
within the polling room or early voting area to watch and 699
observe the conduct of electors and officials. The po ll watchers 700
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shall furnish their own materials and necessities and may shall 701
not obstruct the orderly conduct of any election. The poll 702
watchers shall pose any questions regarding polling place 703
procedures directly to the clerk for resolution. Poll watchers 704
They may not interact with voters. Each poll watcher must shall 705
be a qualified and registered elector of the county in which he 706
or she serves. 707
(2) Each political party, political action committee, each 708
political committee, and each candidate requesting t o have poll 709
watchers shall designate, in writing to the supervisors of 710
elections, on a form prescribed by the division, before noon of 711
the second Tuesday preceding the election poll watchers for each 712
polling room on election day. Designations of poll watch ers for 713
early voting areas must shall be submitted in writing to the 714
supervisor of elections, on a form prescribed by the division, 715
before noon on the 5th business day at least 14 days before 716
early voting begins. The poll watchers for polling rooms must 717
shall be approved by the supervisor of elections on or before 718
the Tuesday before the election. Poll watchers for early voting 719
areas must shall be approved by the supervisor of elections no 720
later than 7 days before early voting begins. The supervisor 721
shall furnish to each election board a list of the poll watchers 722
designated and approved for such polling rooms or early voting 723
areas. Designation of poll watchers shall be made by the chair 724
of the county executive committee of a political party, the 725
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chair of a political action committee, the chair of a political 726
committee, or the candidate requesting to have poll watchers. 727
(5) The supervisor of elections shall provide to each 728
designated poll watcher an identification badge which identifies 729
the poll watcher by first name and last initial. Each poll 730
watcher must wear his or her identification badge while 731
performing his or her duties. A poll watcher may not wear 732
another poll watcher's identification badge. A poll watcher who 733
wears another poll watcher's identificati on badge must be 734
reported to the supervisor and may be removed from the premises 735
for the day. 736
Section 5. Section 101.132, Florida Statutes, is created 737
to read: 738
101.132 Watchers at absentee vote processing centers. — 739
(1) Each political party, political action committee, 740
political committee, and candidate may designate one absentee 741
vote processing watcher to observe in each of the following work 742
areas of the absentee vote counting location or any other 743
location at any time during the election pr ocess where the 744
following functions are performed: 745
(a) Outgoing ballot assembly, sorting, and mailing. 746
(b) Securing of secure ballot intake stations. 747
(c) Loading and unloading of transport vehicles. 748
(d) Receiving and sorting of incoming ballots. 749
(e) Verifying voter certificate envelope signatures by an 750
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automated process. 751
(f) Manual review of voter certificate envelopes. 752
(g) Review of staff signatures of cure affidavits. 753
(h) Opening of voter certificate envelopes. 754
(i) Duplication. 755
(j) Tabulation. 756
(2)(a) Each work area must be designed and arranged in 757
advance by the supervisor to provide adequate space for at least 758
four watchers at any given time. Different watchers may observe 759
simultaneously on behalf of a candidate, political party, 760
political action committee, or political committee in different 761
work areas. 762
(b) If more than two political party, political action 763
committee, political committee, or candidate watchers are 764
designated to observe in a specified work area with limited 765
space in the same time period, the first two watchers from each 766
major political party for which designations are received must 767
be allowed to observe. 768
(c) Two public watchers may also be present in each work 769
area at any given time. If more than two public watcher s request 770
to observe in a specified work area with limited space in the 771
same time period, the first two watchers from different major 772
political parties for which requests are received shall be 773
allowed to observe. 774
(d) If a work area is not large enough to accommodate at 775
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least four watchers, the supervisor may employ alternate 776
observation methods to enable meaningful observation by a 777
watcher, including the use of video, mirrored displays, 778
catwalks, or viewing windows. The department must provide 779
criteria for determining whether an alternate observation method 780
enables meaningful observation. 781
(e) When direct observation of manual processes or machine 782
operators is conducted, each work area is limited to one watcher 783
for each staff member conducting operations. 784
(f) Work area watchers may come as close as is reasonably 785
necessary to properly observe workers and technology without 786
impeding workflow. The absentee vote processing center watchers 787
shall furnish their own materials and necessities and may not 788
obstruct the orderly conduct of any election. Watchers shall 789
pose any questions regarding absentee vote processing procedures 790
directly to the work area supervisor for resolution. Watchers 791
may not provide work direction to absentee vote processing 792
personnel but may ask questions for understanding and offer 793
personal greetings. Each watcher must be a qualified and 794
registered elector of the county in which he or she serves. The 795
department must establish a telephone hotline through which a 796
watcher may report violations of law, including required 797
security standards, and submit a work ticket to a state 798
official. 799
(g) The department shall adopt by rule an absentee vote 800
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processing manual that includes guidelines for meaningful 801
observation and reporting for all methods of ob servation. 802
(3)(a) The department shall prescribe an absentee vote 803
processing watcher request form that allows a person to request 804
to serve as an absentee vote processing watcher at any given 805
location and an absentee vote processing watcher designation 806
form that allows a political party, political action committee, 807
political committee, or candidate to designate a watcher for a 808
specific work area. 809
(b) A request to serve as a watcher for a political party, 810
political action committee, political committee, o r candidate 811
must be accepted by the supervisor if received at least 5 days, 812
including weekends, before the first day of requested 813
observation. A watcher may complete a form for multiple 814
political parties, political action committees, political 815
committees, or candidates. A watcher is not required to be a 816
member of or align with a political party to observe vote 817
processing activities. 818
(c) Public requests to be absentee vote processing 819
watchers must be accepted by the supervisor if received at least 820
5 days, including weekends, before the first day of requested 821
observation. A watcher may alternate between work areas and 822
participate on any day of the absentee vote counting process 823
without notice. 824
(d) Different watchers may observe election activities 825
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occurring simultaneously on behalf of any candidate, political 826
party, political action committee, or political committee. A 827
watcher who has previously completed an absentee vote processing 828
watcher request form that is filed with the supervisor may 829
substitute for another watcher without prior notice. 830
(e) A watcher may be relieved by another watcher 831
designated for the same political party, political action 832
committee, political committee, or candidate whenever necessary. 833
(f) The supervisor shall furnish to each ca nvassing board 834
member a list of watchers for whom an absentee vote processing 835
watcher request form has been approved and for whom an absentee 836
vote processing watcher designation form has been received. 837
Designation forms must be completed by the chair of th e county 838
executive committee of each political party, chair of a 839
political action committee, chair of a political committee, or 840
candidate. 841
(4) A candidate or a sheriff, a deputy sheriff, a police 842
officer, or another law enforcement officer may be designa ted as 843
an absentee vote processing watcher. 844
(5) An absentee vote processing watcher may enter into and 845
watch operations in any work area listed in subsection (1) if 846
the number of watchers in the work area does not exceed the 847
number recommended by the dep artment or the absentee vote 848
processing center capacity safety recommendations by the local 849
fire department. 850
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(6) The supervisor shall provide to each designated 851
absentee vote processing watcher an identification badge that 852
identifies the watcher by first name and last initial. Each 853
watcher must wear his or her identification badge while 854
performing his or her duties. The designated absentee vote 855
processing watcher badge must be surrendered to the supervisor 856
at the end of the day. 857
Section 6. Section 101 .21, Florida Statutes, is amended to 858
read: 859
101.21 Official ballots and envelopes; number; printing; 860
payment.— 861
(1) Where applicable, The supervisor of elections shall 862
determine the actual number of ballots and voter certificate 863
envelopes to be printed for each election. The ballots and voter 864
certificate envelopes must be sourced from different vendors, 865
and the voter certificate envelopes must have serial numbers or 866
other markings that may be used to detect unauthorized printing 867
or submission of illegal e nvelopes. 868
(2) The supervisor of elections shall complete a ballot, 869
envelope, and seal accounting report before an election may be 870
certified. The ballot, envelope, and seal accounting report must 871
reconcile the number of ballots printed by an official prin ter 872
or in-house with the number of ballots: 873
(a) Distributed to absentee voters. 874
(b) Distributed to in -person voting sites. 875
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(c) Completed and received from absentee voters. 876
(d) Completed and received from in -person voting sites. 877
(e) Distributed but not returned by absentee voters. 878
(f) Distributed and returned unvoted from in -person voting 879
sites. 880
(g) Not distributed. 881
(h) Spoiled. 882
(i) Used for duplication. 883
(j) Placed in storage at the end of the election as voted 884
or unvoted. 885
(3) Review and approval of the ballot, envelope, and seal 886
accounting report must be completed and reconciled by the county 887
canvassing board before the election is certified and by a state 888
or county auditing team after the election is certified. 889
Purchase order records of marksense ballots and envelopes as 890
well as print-on-demand and facsimile records must be made 891
available to auditors and the public at no charge. 892
(4) The printing and delivery of ballots and cards of 893
instruction shall, in a municipal election, be paid for by the 894
municipality, and in all other elections by the county. 895
Section 7. Section 101.545, Florida Statutes, is amended 896
to read: 897
101.545 Retention and destruction of certain election 898
materials.—All ballots, envelopes, seals, video recordings, 899
forms, and other election materials shall be retained in the 900
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custody of the supervisor of elections for a minimum of 22 901
months after an election and in accordance with the schedule 902
approved by the Division of Library and Information Services of 903
the Department of State. All unused ballots, envelopes, seals, 904
forms, and other election materials may, with the approval of 905
the Department of State, be destroyed by the supervisor after a 906
postcertification audit is completed and published on the 907
supervisor's website the election for which such ballots, forms, 908
or other election materials were to be used . 909
Section 8. Section 101.5614, Florida Statutes, is amended 910
to read: 911
101.5614 Canvass of returns. — 912
(1) As soon as the polls are closed, the election board 913
shall secure the voting devices against further voting. The 914
election board shall thereafter, in the presence of members of 915
the public desiring to witness the proceedings, verify the 916
number of voted ballots, unused ballots, provisional ballots, 917
and spoiled ballots to ascertain whether such number corresponds 918
with the number of ballots issued by the supervisor. If there is 919
a difference, this fact shall be reported in writing to the 920
county canvassing board with the reasons therefor if known. The 921
total number of voted ballots shall be entered on the forms 922
provided. The number of ballots processed through the tabulator 923
on election day, the number of blank ballots processed through 924
the tabulator, and the number of persons checking in at the 925
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precinct shall also be entered on the forms provided. Precinct 926
poll workers shall conduct a hand -counted audit of a randomly 927
chosen race. Ballots must be placed in stacks according to the 928
candidate chosen on the ballots for that race. Those ballots 929
must be hand counted by two poll work ers from different major 930
political parties, and candidate choice must be verified in the 931
process. Totals must be noted and compared to the machine count. 932
Any discrepancies must be flagged and reported to the supervisor 933
of elections office and noted on the poll tape posted for the 934
public. The supervisor shall verify any discrepancies over the 935
next 3 days with interested members of the public and a member 936
of each party present. If the supervisor determines that there 937
is a discrepancy, all ballots for the enti re precinct must be 938
hand counted using the original paper ballots, and those 939
results, once verified, override the machine counts. The number 940
of tickets printed to receive ballots must be compared with the 941
number of persons noted by the electronic precinct register 942
system as checked in, and any discrepancies must be resolved or 943
documented. The proceedings of the election board at the 944
precinct after the polls have closed must shall be open to the 945
public; however, no person except for a member of the election 946
board, a person may not shall touch any ballot or ballot 947
container or interfere with or obstruct the orderly count of the 948
ballots. 949
(2) The results of ballots tabulated at precinct locations 950
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may be provided to the county canvassing board transmitted to 951
the main computer system for the purpose of reconciliation of 952
chain of custody and compilation of complete returns. The 953
tabulator may not use networking communication hardware. 954
However, the supervisor may collect preliminary precinct 955
election results data fr om tabulators using a portable storage 956
device secure from manipulation, such as a write once, read 957
many, or "WORM," device, and insert the data into a secure 958
computer dedicated to transmitting such data to the elections 959
office. The security guidelines for transmission of returns 960
shall conform to rules adopted by the Department of State 961
pursuant to s. 101.015. 962
(3) For each ballot or ballot image on which write -in 963
votes have been cast, the canvassing board shall compare the 964
write-in votes with the votes cas t on the ballot; if the total 965
number of votes for any office exceeds the number allowed by 966
law, such votes may shall not be counted. All valid votes shall 967
be tallied by the canvassing board. 968
(4)(a) If any vote-by-mail ballot is physically damaged so 969
that it cannot properly be counted by the voting system's 970
automatic tabulating equipment, a true duplicate copy shall be 971
made of the damaged ballot in an open and accessible room in the 972
presence of watchers from at least two different political 973
parties witnesses and substituted for the damaged ballot. 974
Likewise, a duplicate ballot must shall be made of a vote-by-975
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mail ballot containing an overvoted race if there is a clear 976
indication on the ballot that the voter has made a definite 977
choice in the overvoted race or ballot measure. A duplicate must 978
shall include all valid votes as determined by the canvassing 979
board based on rules adopted by the division pursuant to s. 980
102.166(8) s. 102.166(4). A duplicate may be made of a ballot 981
containing an undervoted race or ballo t measure if there is a 982
clear indication on the ballot that the voter has made a 983
definite choice in the undervoted race or ballot measure. A 984
duplicate may not include a vote if the voter's intent in such 985
race or on such measure is not clear. Upon request, candidates, 986
political party officials, and political committee officials, 987
and authorized designees thereof, and public watchers a 988
physically present candidate, a political party official, a 989
political committee official, or an authorized designee thereof, 990
must be allowed to observe the duplication of ballots upon 991
signing an affidavit affirming his or her acknowledgment that 992
disclosure of election results discerned from observing the 993
ballot duplication process while the election is ongoing is a 994
felony, as provided under subsection (8). The observer must be 995
allowed to observe the duplication of ballots in such a way that 996
the observer is able to see the markings on each ballot and the 997
duplication taking place. All duplicate ballots must be clearly 998
labeled "duplicate," bear a serial number which must shall be 999
recorded on the defective ballot, and be counted in lieu of the 1000
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defective ballot. The duplication of ballots must happen in the 1001
presence of at least one canvassing board member and watchers 1002
from at least two different political parties . After a ballot 1003
has been duplicated, the defective ballot must shall be placed 1004
in an envelope provided for that purpose, and the duplicate 1005
ballot must shall be tallied with the other ballots for that 1006
precinct. If any observer makes a reasonable objection to a 1007
duplicate of a ballot, the ballot must be presented to the 1008
canvassing board for a determination of the validity of the 1009
duplicate. The canvassing board m ust document the serial number 1010
of the ballot in the canvassing board's minutes. The canvassing 1011
board must decide whether the duplication is valid. If the 1012
duplicate ballot is determined to be valid, the duplicate ballot 1013
must be counted. If the duplicate bal lot is determined to be 1014
invalid, the duplicate ballot must be rejected and a proper 1015
duplicate ballot must be made and counted in lieu of the 1016
original. 1017
(b) A true duplicate copy shall be made of each federal 1018
write-in absentee ballot in the presence of watchers witnesses 1019
and substituted for the federal write -in absentee ballot. A 1020
duplicate may be made by hand duplication observed by watchers 1021
of both major political parties. The duplicate ballot must 1022
include all valid votes as determined by the canvassing bo ard 1023
based on rules adopted by the division pursuant to s. 102.166(8) 1024
s. 102.166(4). All duplicate ballots must shall be clearly 1025
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labeled "duplicate," bear a serial number that must shall be 1026
recorded on the federal write -in absentee ballot, and be counted 1027
in lieu of the federal write -in absentee ballot. After a ballot 1028
has been duplicated, the federal write -in absentee ballot must 1029
shall be placed in an envelope provided for that purpose, and 1030
the duplicate ballot must shall be tallied with other ballots 1031
for that precinct. 1032
(5) If there is no clear indication on the ballot that the 1033
voter has made a definite choice for an office or ballot 1034
measure, the elector's ballot may shall not be counted for that 1035
office or measure, but the ballot may shall not be invalidated 1036
as to those names or measures which are properly marked. 1037
(6) Vote-by-mail ballots may be counted by the voting 1038
system's automatic tabulating equipment if they have been marked 1039
in a manner which will enable them to be properly counted by 1040
such equipment. 1041
(7) The return printed by the voting system's automatic 1042
tabulating equipment, to which has been added the return of 1043
write-in, vote-by-mail, and manually counted votes and votes 1044
from provisional ballots, constitutes shall constitute the 1045
official return of the election upon certification by the 1046
canvassing board. Upon completion of the count, the returns must 1047
shall be open to the public. A copy of the returns may be posted 1048
at the central counting place or at the office of the supervisor 1049
of elections in lieu of the posting of returns at individual 1050
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precincts. 1051
(8) Any supervisor of elections, deputy supervisor of 1052
elections, canvassing board member, election board member, 1053
election employee, or other person authorized to observe, 1054
review, or inspect ballot materi als or observe canvassing who 1055
releases any information about votes cast for or against any 1056
candidate or ballot measure or any results of any election 1057
before the closing of the polls in that county on election day 1058
commits a felony of the third degree, punis hable as provided in 1059
s. 775.082, s. 775.083, or s. 775.084. 1060
(9) The county canvassing board shall officially convene 1061
in the presence of candidates, designees of political action 1062
committees, political committees, or political parties, and the 1063
public to discuss all election results and the necessary next 1064
steps required to officially determine election results, 1065
including recounts, runoffs, hand counts, audits, or any other 1066
activities necessary before certification of the election. 1067
Section 9. Subsection ( 4) is added to section 101.595, 1068
Florida Statutes, to read: 1069
101.595 Analysis and reports of voting problems. — 1070
(4) A postcertification procedural audit to verify 1071
compliance with all laws and rules must be conducted after each 1072
election in counties with a population of greater than 500,000 1073
after the general election or the election with the most voters. 1074
A postcertification procedural audit shall be conducted in 1075
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counties with a population of 500,000 or fewer upon request of a 1076
major political party or the Off ice of Election Crimes and 1077
Security and whenever a recount is conducted. If not requested 1078
or required as part of a recount, a postcertification procedural 1079
audit shall be conducted at least every 3 years after a primary, 1080
special, or general election in coun ties with a population of 1081
500,000 or fewer. The department shall adopt rules for the 1082
conduct of such audit, which must include separate audits to 1083
verify that each of the following are being properly conducted 1084
and comply with all requirements of law and rul e: 1085
(a) Chain of custody forms and procedures. 1086
(b) Signature verification on vote -by-mail ballot 1087
requests, envelope certificates, and ballot curing. 1088
(c) Handling of public inspector protests and challenges. 1089
(d) Duties of the canvassing board. 1090
(e) Physical security, including compliance with security 1091
plan requirements. 1092
(f) Hand counting of all blank ballots, undervoted 1093
ballots, overvoted ballots, provisional ballots, and other 1094
ballots that were separated from the main bin by the tabulator 1095
or that require separate adjudication or handling for any reason 1096
to ensure that the number of ballots equals the number shown on 1097
the reports. 1098
(g) Seal accounting and management. 1099
(h) Vote-by-mail requests, including collection of voter 1100
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credentials for absentee ballot requests and the timely mailing 1101
of ballots. 1102
(i) First-time vote-by-mail identification requirements, 1103
specifically the enforcement of ss. 101.043 and 101.6921. 1104
(j) New voter registration, specifically verification of 1105
citizenship and documentation requirements. 1106
(k) Requirements for voter identification at polling 1107
places. 1108
(l) Storage of ballots, election systems, and portable 1109
data, including compliance with security plan requirements. 1110
(m) Ballot duplication and documentation. 1111
(n) Reconciliation of the number of ballots duplicated and 1112
counted from facsimile machines and the logs from such machines. 1113
(o) Information technology audits, including compliance 1114
with security plan requirements. 1115
(p) The composition and actions of the canv assing board. 1116
(q) Election record retention and transparency. 1117
(r) Verification of citizenship of election workers and 1118
onsite vendor personnel. 1119
Section 10. Section 101.6103, Florida Statutes, is amended 1120
to read: 1121
101.6103 Mail ballot election procedure.— 1122
(1) Except as otherwise provided in subsection (7), the 1123
supervisor of elections shall mail all official ballots with a 1124
voter certificate envelope, an identification secrecy envelope, 1125
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a return mailing envelope, and instructions sufficient to 1126
describe the voting process to each elector entitled to vote in 1127
the election within the timeframes specified in s. 101.62(3). 1128
All such ballots must be mailed by first -class mail. If the 1129
supervisor of elections pays return ballot postage, two United 1130
States Postal Service permit billing accounts must be used, with 1131
one account used solely for outbound ballots and the other 1132
account used solely for returned ballots. Ballots must be 1133
addressed to each elector at the address appearing in the 1134
registration records and placed in an envelope which is 1135
prominently marked " Return Service Requested Do Not Forward." 1136
(2) Upon receipt of the ballot , the elector shall read the 1137
instructions, mark the ballot, place only the completed ballot 1138
in the voter certificate it in the secrecy envelope, sign his or 1139
her name as it appears in the voter registration system on the 1140
signature line on the return mailing envelope supplied with the 1141
ballot, and comply with the instructions provided with the 1142
ballot. The elector shall place a copy of t he required 1143
identification into the identification envelope and place the 1144
voter certificate envelope and the identification envelope into 1145
the return mailing envelope. Alternatively, the voter may place 1146
the voter certificate envelope in a voter -provided envelope and 1147
send it by registered mail at the voter's expense to the office 1148
of the supervisor of elections or the address listed on the 1149
return envelope. The elector shall mail, deliver, or have 1150
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delivered the marked ballot so that it reaches the supervisor of 1151
elections no later than 7 p.m. on the day of the election. The 1152
ballot must be returned in the sealed and signed voter 1153
certificate return mailing envelope. 1154
(3) The voter certificate return mailing envelope shall 1155
contain a statement in substantially the f ollowing form: 1156
1157
VOTER'S CERTIFICATE 1158
I, ...(Print Name)..., do solemnly swear (or affirm) that I 1159
am a qualified voter in this election and that I have not and 1160
will not vote more than one ballot in this election. 1161
I understand that failure to sign this cert ificate and give 1162
my residence address will invalidate my ballot. 1163
...(Date)... 1164
...(Printed Name)... 1165
...(Signature)... 1166
...(Residence Address)... 1167
...(E-mail Address [Optional])... 1168
...(Home Telephone Number [Optional])... 1169
...(Mobile Telephone Number [Optional ])... 1170
1171
(4) If the ballot is destroyed, spoiled, lost, or not 1172
received by the elector, the elector may obtain a replacement 1173
ballot from the supervisor of elections as provided in this 1174
subsection. An elector seeking a replacement ballot shall 1175
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provide Tier 1 identification and sign a sworn statement that 1176
the ballot was destroyed, spoiled, lost, or not received and 1177
present such statement to the supervisor of elections before 1178
prior to 7 p.m. on the day of the election. The supervisor of 1179
elections shall verify the signature on the sworn statement and 1180
keep a record of each replacement ballot provided under this 1181
subsection. 1182
(5) A ballot shall be counted only if: 1183
(a) It is returned in the voter certificate return mailing 1184
envelope bearing the elector's signature ; 1185
(b) A copy of a photo identification is placed into the 1186
identification envelope and, if the voter is required to provide 1187
additional documentation under s. 101.68, such documentation is 1188
placed into the identification envelope; 1189
(c) The voter certificat e envelope and the identification 1190
envelope are placed into the return mailing envelope or a voter -1191
provided envelope that is sent by registered mail to the office 1192
of the supervisor of election or the address listed on the 1193
return mailing envelope; 1194
(d)(b) The elector's signature has been verified as 1195
provided in this subsection; and 1196
(e)(c) It is received by the supervisor of elections not 1197
later than 7 p.m. on the day of the election. 1198
1199
The supervisor of elections shall verify the signature of each 1200
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elector on the voter certificate return mailing envelope with 1201
the signature on the elector's registration records. Such 1202
verification may commence at any time before prior to the 1203
canvass of votes. The supervisor of elections shall safely keep 1204
the ballot stored in a secure area accessible only by electronic 1205
badge and under video surveillance unopened in his or her office 1206
until the county canvassing board canvasses the vote. If the 1207
supervisor of elections determines that an elector to whom a 1208
replacement ballot has been issued under subsection (4) has 1209
voted more than once, the canvassing board shall determine which 1210
ballot, if any, is to be counted. 1211
(6) The canvassing board may begin the canvassing of mail 1212
ballots as provided by s. 101.68(2)(a). The criminal penalty 1213
specified in that paragraph for the release of results before 7 1214
p.m. on election day is also applicable to canvassing conducted 1215
under this act. The canvassing of mail ballots must be open for 1216
public observation. 1217
(7) With respect to absent electors overseas e ntitled to 1218
vote in the election, the supervisor of elections shall mail an 1219
official ballot with a voter certificate secrecy envelope, a 1220
return mailing envelope, and instructions sufficient to describe 1221
the voting process to each such elector on a date suffi cient to 1222
allow such elector time to vote in the election and to have his 1223
or her marked ballot reach the supervisor by 7 p.m. on the day 1224
of the election. 1225
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(8) A ballot that otherwise satisfies the requirements of 1226
subsection (5) shall be counted even if the elector dies after 1227
mailing the ballot but before election day, as long as, before 1228
prior to the death of the voter, the ballot was: 1229
(a) Postmarked by the United States Postal Service; 1230
(b) Date-stamped with a verifiable tracking number by 1231
common carrier; or 1232
(c) Already in the possession of the supervisor of 1233
elections. 1234
Section 11. Section 101.6104, Florida Statutes, is amended 1235
to read: 1236
101.6104 Challenge of votes. —If any elector present for 1237
the canvass of votes believes that any ballot is i llegal due to 1238
any defect apparent on the voter's certificate, the elector may, 1239
at any time before the ballot is removed from the envelope, file 1240
with the canvassing board a protest against the canvass of such 1241
ballot, specifying the reason he or she believes the ballot to 1242
be illegal. No challenge based upon any defect on the voter's 1243
certificate shall be accepted after the ballot has been removed 1244
from the return mailing envelope. When a challenge of a voter 1245
certificate envelope or cure affidavit signature is r eceived, 1246
the ballot must be segregated; left uncounted and, if 1247
applicable, unopened; logged; and treated as provisional to be 1248
reviewed before the end of canvassing. A challenger must be 1249
given an identification number for the challenged ballot or 1250
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envelope, as applicable. The identification number and the final 1251
disposition of the ballot must be logged for use in procedural 1252
audits. 1253
Section 12. Paragraphs (a) and (b) of subsection (1), 1254
subsection (2), and paragraph (d) of subsection (3) of section 1255
101.62, Florida Statutes, are amended to read: 1256
101.62 Request for vote -by-mail ballots.— 1257
(1) REQUEST.— 1258
(a) The supervisor shall accept a request for a vote -by-1259
mail ballot only from a voter or, if directly instructed by the 1260
voter, a member of the voter's immed iate family or the voter's 1261
legal guardian. A request may be made in person, in writing 1262
through postal mail, by telephone, or through the supervisor's 1263
website. The department shall prescribe by rule by October 1, 1264
2025 2023, a uniform statewide absentee ballot request form that 1265
must require the signature of the voter application to make a 1266
written request for a vote-by-mail ballot which includes fields 1267
for all information required in this subsection. A voter may 1268
request a vote-by-mail ballot if one of the foll owing applies to 1269
the voter: 1270
1. The voter is confined to his or her home or otherwise 1271
physically unable to vote in person, which the voter must attest 1272
to on the absentee ballot request form by providing an affidavit 1273
provided by a medical professional cert ifying a temporary or 1274
permanent condition. If the certification is temporary, it must 1275
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include a date on which the certification is no longer valid, 1276
and the vote-by-mail authorization shall expire on that date. 1277
For a permanent condition, no future certifica tion is required. 1278
2. The voter will be out of state during the entire voting 1279
period, which the voter must attest to on the absentee ballot 1280
request form by providing proof of his or her out -of-state 1281
location. 1282
3. The voter is enrolled in a program offere d in person at 1283
an educational institution campus outside of the county in which 1284
he or she is registered, which the voter must attest to on the 1285
absentee ballot request form by providing proof of enrollment. 1286
4. The voter is a first responder or medical pro fessional 1287
who is scheduled to work on election day, which the voter must 1288
attest to on the absentee ballot request form by providing 1289
written proof of his or her employment. 1290
5. The voter is a member of a uniformed service on active 1291
duty or a spouse or depe ndent of such member or a member of the 1292
merchant marine. 1293
1294
One request is deemed sufficient to receive a vote -by-mail 1295
ballot for all elections through the end of the calendar year of 1296
the next regularly scheduled general election, unless the voter 1297
or the voter's designee indicates at the time the request is 1298
made the elections within such period for which the voter 1299
desires to receive a vote -by-mail ballot. The supervisor must 1300
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cancel a request for a vote -by-mail ballot when any first -class 1301
return-service-requested mail or nonforwardable mail sent by the 1302
supervisor to the voter is returned as undeliverable or when an 1303
address verification service determines that the mailing address 1304
is undeliverable. If a supervisor cancels a request for a vote -1305
by-mail ballot, he or she must inform the voter, by all 1306
available means, that the voter must vote in person until the 1307
voter's address is updated. If the voter requests a vote -by-mail 1308
ballot thereafter, the voter must provide or confirm his or her 1309
current residential address in a written request that includes 1310
the voter's signature and the voter's Florida driver license 1311
number, the voter's Florida identification card number, or the 1312
last four digits of the voter's social security number . 1313
(b) If the voter's request meets the cri teria under 1314
paragraph (a), the supervisor may accept a request for a vote -1315
by-mail ballot to be mailed to a voter's address on file in the 1316
Florida Voter Registration System from the voter, or, if 1317
directly instructed by the voter, a member of the voter's 1318
immediate family or the voter's legal guardian. If an in -person 1319
or a telephonic request is made, the voter must provide the 1320
voter's Florida driver license number, the voter's Florida 1321
identification card number, or the last four digits of the 1322
voter's social security number, whichever may be verified in the 1323
supervisor's records. If the ballot is requested to be mailed to 1324
an address other than the voter's address on file in the Florida 1325
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Voter Registration System, the request must be made in writing. 1326
A written request must be signed by the voter and include the 1327
voter's Florida driver license number, the voter's Florida 1328
identification card number, or the last four digits of the 1329
voter's social security number. However, an absent uniformed 1330
services voter or an overseas voter seeking a vote -by-mail 1331
ballot is not required to submit a signed, written request for a 1332
vote-by-mail ballot that is being mailed to an address other 1333
than the voter's address on file in the Florida Voter 1334
Registration System. The person making the req uest must 1335
disclose: 1336
1. The name of the voter for whom the ballot is requested. 1337
2. The voter's address. 1338
3. The voter's date of birth. 1339
4. The voter's Florida driver license number, the voter's 1340
Florida identification card number, or the last four digits of 1341
the voter's social security number, whichever may be verified in 1342
the supervisor's records. If the voter's registration record 1343
does not already include the voter's Florida driver license 1344
number or Florida identification card number or the last four 1345
digits of the voter's social security number, the number 1346
provided must be verified and recorded in the voter's 1347
registration record. 1348
5. The requester's name. 1349
6. The requester's address. 1350
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7. The requester's driver license number, the requester's 1351
identification card number, or the last four digits of the 1352
requester's social security number, if available. 1353
8. The requester's relationship to the voter and an 1354
affirmation that the voter has not been prescribed memory care . 1355
9. The requester's signature (written requests only). 1356
1357
All signatures on the absentee ballot request form and 1358
supporting documentation shall be verified before issuing a 1359
ballot. Absentee ballot request forms missing any of the 1360
required information or documentation must be declined. A person 1361
who provides false information on an absentee ballot request 1362
form commits a felony of the third degree, punishable as 1363
provided in s. 775.082 , s. 775.083, or s. 775.084. 1364
(2) ACCESS TO VOTE-BY-MAIL REQUEST INFORMATION. —For each 1365
request for a vote-by-mail ballot received, the supervisor shall 1366
record the following information: the date the request was made; 1367
the identity of the voter's designee m aking the request, if any; 1368
the Florida driver license number, Florida identification card 1369
number, or last four digits of the social security number of the 1370
voter provided with a written request; the date the vote -by-mail 1371
ballot was delivered to the voter or the voter's designee or the 1372
date the vote-by-mail ballot was delivered to the post office or 1373
other carrier; the address to which the ballot was mailed or the 1374
identity of the voter's designee to whom the ballot was 1375
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delivered; the date the ballot was receiv ed by the supervisor; 1376
the absence of the voter's signature on the voter's certificate, 1377
if applicable; whether the voter's certificate contains a 1378
signature that does not match the voter's signature in the 1379
registration books or precinct register; in the case of a 1380
signature mismatch, whether the voter was notified of the 1381
signature mismatch and sent instructions to complete a cure 1382
affidavit; and such other information he or she may deem 1383
necessary. This information must be provided in electronic 1384
format as provided by division rule. The information must be 1385
updated and made available no later than 8 a.m. of each day, 1386
including weekends, beginning 60 days before the primary until 1387
15 days after the general election and shall be 1388
contemporaneously provided to the divis ion. This information is 1389
confidential and exempt from s. 119.07(1) and shall be made 1390
available to or reproduced only for the voter requesting the 1391
ballot, a canvassing board, an election official, a political 1392
party or official thereof, a candidate who has f iled 1393
qualification papers and is opposed in an upcoming election, and 1394
registered political committees for political purposes only. 1395
(3) DELIVERY OF VOTE -BY-MAIL BALLOTS.— 1396
(d) Upon a request for a vote -by-mail ballot, the 1397
supervisor shall provide a vote -by-mail ballot to each voter by 1398
whom a request for that ballot has been made, by one of the 1399
following means: 1400
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1. By nonforwardable, return -if-undeliverable mail to the 1401
voter's current mailing address on file with the supervisor or 1402
any other address the vo ter specifies in the request. The 1403
envelopes must be prominently marked " Return Service Requested 1404
Do Not Forward." 1405
2. By forwardable mail, e -mail, or facsimile machine 1406
transmission to absent uniformed services voters and overseas 1407
voters. The absent unifor med services voter or overseas voter 1408
may designate in the vote -by-mail ballot request the preferred 1409
method of transmission. If the voter does not designate the 1410
method of transmission, the vote -by-mail ballot must be mailed. 1411
3. By personal delivery to the voter after vote-by-mail 1412
ballots have been mailed and up to 7 p.m. on election day upon 1413
presentation of the identification required in s. 101.043. 1414
4. By delivery to the voter's designee after vote -by-mail 1415
ballots have been mailed and up to 7 p.m. on ele ction day. Any 1416
voter may designate in writing a person to pick up the ballot 1417
for the voter; however, the person designated may not pick up 1418
more than two vote-by-mail ballots per election, other than the 1419
designee's own ballot, except that additional ballots may be 1420
picked up for members of the designee's immediate family. The 1421
designee shall provide to the supervisor the written 1422
authorization by the voter and a picture identification of the 1423
designee and must complete an affidavit. The designee shall 1424
state in the affidavit that the designee is authorized by the 1425
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voter to pick up that ballot and shall indicate if the voter is 1426
a member of the designee's immediate family and, if so, the 1427
relationship. The department shall prescribe the form of the 1428
affidavit. If the supervisor is satisfied that the designee is 1429
authorized to pick up the ballot and that the signature of the 1430
voter on the written authorization matches the signature of the 1431
voter on file, the supervisor must give the ballot to that 1432
designee for delivery to t he voter. 1433
5. Except as provided in s. 101.655, the supervisor may 1434
not deliver a vote-by-mail ballot to a voter or a voter's 1435
designee pursuant to subparagraph 3. or subparagraph 4., 1436
respectively, during the mandatory early voting period and up to 1437
7 p.m. on election day, unless there is an emergency, to the 1438
extent that the voter will be unable to go to a designated early 1439
voting site in his or her county or to his or her assigned 1440
polling place on election day. If a vote -by-mail ballot is 1441
delivered, the voter or his or her designee must execute an 1442
affidavit affirming to the facts which allow for delivery of the 1443
vote-by-mail ballot. The department shall adopt a rule providing 1444
for the form of the affidavit. 1445
Section 13. Paragraphs (a) and (c) of subsection (1 ) and 1446
subsection (5) of section 101.64, Florida Statutes, are amended 1447
to read: 1448
101.64 Delivery of vote -by-mail ballots; envelopes; form. — 1449
(1)(a) The supervisor shall enclose with each vote -by-mail 1450
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ballot instructions on completing and returning a ballo t, a 1451
voter certificate envelope, an identification envelope, and a 1452
return two envelopes: a secrecy envelope, into which the absent 1453
elector shall enclose his or her marked ballot; and a mailing 1454
envelope, into which the absent elector shall then place the 1455
voter certificate secrecy envelope, which shall be addressed to 1456
the supervisor and also bear on the back side a certificate in 1457
substantially the following form: 1458
1459
Note: Please Read Instructions Carefully Before 1460
Marking Ballot and Completing Voter's Certificat e. 1461
1462
VOTER'S CERTIFICATE 1463
I, ...., do solemnly swear or affirm that I am a qualified 1464
and registered voter of .... County, Florida, and that I have 1465
not and will not vote more than one ballot in this election. I 1466
understand that if I commit or attempt to commi t any fraud in 1467
connection with voting, vote a fraudulent ballot, or vote more 1468
than once in an election, I can be convicted of a felony of the 1469
third degree and fined up to $5,000 and/or imprisoned for up to 1470
5 years. I also understand that failure to sign th is certificate 1471
will invalidate my ballot. 1472
...(Date)... 1473
...(Voter's Printed Name)... 1474
...(Voter's Signature)... 1475
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...(E-Mail Address) [Optional]... 1476
...(Home Telephone Number) [Optional]... 1477
...(Mobile Telephone Number) [Optional]... 1478
1479
(c) A mailing envelope or voter certificate secrecy 1480
envelope may not bear any indication of the political 1481
affiliation of an absent elector. 1482
(5) The voter certificate secrecy envelope must include, 1483
in bold font, substantially the following message: 1484
1485
IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR SUPERVISOR 1486
OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 P.M. ON ELECTION DAY. 1487
IF YOU WAIT TO MAIL YOUR BALLOT, YOUR VOTE MIGHT NOT COUNT. TO 1488
PREVENT THIS FROM OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT 1489
AS SOON AS POSSIBLE. 1490
Section 14. Section 101.65, Florida Statutes, is amended 1491
to read: 1492
101.65 Instructions to absent electors. —The supervisor 1493
shall enclose with each vote -by-mail ballot separate printed 1494
instructions in substantially the following form; however, where 1495
the instructions appear in capitalized text, the text of the 1496
printed instructions must be in bold font: 1497
1498
READ THESE INSTRUCTIONS CAREFULLY 1499
BEFORE MARKING BALLOT. 1500
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1501
1. VERY IMPORTANT. In order to ensure that your vote -by-1502
mail ballot will be counted, it should be completed and returned 1503
as soon as possible so that it can reach the supervisor of 1504
elections of the county in which your precinct is located no 1505
later than 7 p.m. on the day of the election. However, if you 1506
are an overseas voter casting a ballot in a presidential 1507
preference primary or general election, your vote -by-mail ballot 1508
must be postmarked or dated no later than the date of the 1509
election and received by the supervisor of elections of the 1510
county in which you are registered to vote no later than 10 days 1511
after the date of the election. Note that the later you return 1512
your ballot, the less time you will have to cure any signature 1513
deficiencies, which is authorized until 5 p.m. on the 2nd day 1514
after the election. 1515
2. Mark your ballot in sec ret as instructed on the ballot. 1516
You must mark your own ballot unless you are unable to do so 1517
because of blindness, disability, or inability to read or write. 1518
3. Mark only the number of candidates or issue choices for 1519
a race as indicated on the ballot. I f you are allowed to "Vote 1520
for One" candidate and you vote for more than one candidate, 1521
your vote in that race will not be counted. 1522
4. Place your marked ballot in the enclosed voter 1523
certificate secrecy envelope. Completely fill out the voter's 1524
certificate on the back of the voter certificate envelope. 1525
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5. Insert a copy of your photo identification in the 1526
identification envelope. The following photo identifications are 1527
acceptable if you are not a first -time voter: Florida driver 1528
license; Florida identific ation card issued by the Department of 1529
Highway Safety and Motor Vehicles; United States passport; debit 1530
or credit card; military identification; student identification; 1531
public assistance identification; veteran health identification 1532
card issued by the Unit ed States Department of Veterans Affairs; 1533
a license to carry a concealed weapon or concealed firearm 1534
issued pursuant to s. 790.06, Florida Statutes; or an employee 1535
identification card issued by any branch, department, agency, or 1536
entity of the Federal Gover nment, the state, a county, or a 1537
municipality. 1538
6.5. Insert the voter certificate envelope and the 1539
identification secrecy envelope into the enclosed mailing 1540
envelope which is addressed to the supervisor. 1541
7.6. Seal the mailing envelope and completely fill out the 1542
Voter's Certificate on the back of the mailing envelope . 1543
8.7. VERY IMPORTANT. In order for your vote -by-mail ballot 1544
to be counted, you must sign your name on the line above 1545
(Voter's Signature). If your signature does not appear on the 1546
designated signature line adjacent to the voter certificate oath 1547
on the voter's certificate, you are required to complete a cure 1548
affidavit to validate your signature. A vote-by-mail ballot will 1549
be considered illegal and not be counted if the signature on the 1550
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voter's certificate does not match the signature on record. The 1551
signature on file at the time the supervisor of elections in the 1552
county in which your precinct is located receives your vote -by-1553
mail ballot is the signature that will be used to verify your 1554
signature on the voter's certificate. If you need to update your 1555
signature for this election, send your signature update on a 1556
voter registration application to your supervisor of elections 1557
so that it is received before your vote -by-mail ballot is 1558
received. 1559
9.8. VERY IMPORTANT. If you are an overseas voter, you 1560
must include the date you signed the Voter's Certificate on the 1561
line above (Date) or your ballot may not be counted. 1562
10.9. Mail, deliver, or have delivered the completed 1563
mailing envelope. Be sure there is sufficient postage if mailed. 1564
THE COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF 1565
THE SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT 1566
IS LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE 1567
STATION, AVAILABLE AT EACH EARL Y VOTING LOCATION. 1568
11.10. FELONY NOTICE. It is a felony under Florida law to 1569
accept any gift, payment, or gratuity in exchange for your vote 1570
for a candidate. It is also a felony under Florida law to vote 1571
in an election using a false identity or false add ress, or under 1572
any other circumstances making your ballot false or fraudulent. 1573
Section 15. Section 101.655, Florida Statutes, is amended 1574
to read: 1575
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101.655 Supervised voting by absent electors in certain 1576
facilities.— 1577
(1) The supervisor of elections of a county shall provide 1578
bipartisan supervised voting for absent electors residing in any 1579
assisted living facility, as defined in s. 429.02, or nursing 1580
home facility, as defined in s. 400.021, within that county at 1581
the request of an elector living in the facility or the power of 1582
attorney for an elector living in the of any administrator of 1583
such a facility. Such request for supervised voting in the 1584
facility shall be made by submitting a written request to the 1585
supervisor of elections no later than 28 days before prior to 1586
the election for which that request is submitted. The request 1587
shall specify the name and address of the facility and the name 1588
of the electors who wish to vote by mail in that election. If 1589
the request contains the names of fewer than five voters, the 1590
supervisor of elections is not required to provide supervised 1591
voting. 1592
(2) The supervisor of elections may , in the absence of a 1593
request from the administrator of a facility, provide for 1594
supervised voting in the fac ility for those persons who have 1595
requested vote-by-mail ballots and voting assistance . The 1596
supervisor of elections shall notify the administrator of the 1597
facility that supervised voting will occur. 1598
(3) The supervisor of elections shall, in cooperation wit h 1599
the administrator of the facility, select a date and time when 1600
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the supervised voting will occur. 1601
(4) The supervisor of elections shall designate supervised 1602
voting teams to provide the services prescribed by this section. 1603
Each supervised voting team sha ll include at least two persons. 1604
Each supervised voting team must include representatives of more 1605
than one political party; however, in any primary election to 1606
nominate party nominees in which only one party has candidates 1607
appearing on the ballot, all supe rvised voting team members may 1608
be of that party. No candidate may provide supervised voting 1609
services. 1610
(5) Ballots must be placed in a sealed envelope for 1611
transport to the facility to be delivered to respective absent 1612
electors. Chain of custody forms must include fields for the 1613
name of the facility, the date, the time, the printed names and 1614
signatures of each person on the supervised voting team assigned 1615
to the facility, the number of ballots delivered to the 1616
facility, the envelope seal number, and the pri nted names and 1617
signatures of each person on the supervised voting team who 1618
opens the envelope. 1619
(6) The seal on the envelope must be maintained until the 1620
supervised voting team is in the facility. 1621
(7)(5) The supervised voting team shall deliver the 1622
ballots to the respective absent electors, and each member of 1623
the team shall jointly supervise the voting of the ballots. If 1624
any elector requests assistance in voting, the oath prescribed 1625
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in s. 101.051 shall be completed and the elector may receive the 1626
assistance of two members of the supervised voting team or some 1627
other person of the elector's choice to assist the elector in 1628
casting the elector's ballot. 1629
(8)(6) Before providing assistance, the supervised voting 1630
team must shall disclose to the elector that th e ballot may be 1631
retained by the elector to vote at a later time and that the 1632
elector has the right to seek assistance in voting from some 1633
other person of the elector's choice without the presence of the 1634
supervised voting team. 1635
(9) Before providing assist ance, the supervised voting 1636
team must verify the identity of the elector by photo 1637
identification and attestation by a facility administrator. 1638
(10)(7) If any elector declines to vote a ballot or is 1639
unable to vote a ballot, the supervised voting team must shall 1640
mark the ballot "refused to vote" or "unable to vote." 1641
(11)(8) After the ballots have been voted or marked in 1642
accordance with the provisions of this section, the supervised 1643
voting team shall place the completed and remaining blank 1644
ballots in a sealable envelope and deliver the ballots to the 1645
supervisor of elections, who shall retain them pursuant to s. 1646
101.67. 1647
(12) The chain of custody forms for ballots transported by 1648
supervised voting teams and completed by absent electors in the 1649
facilities must include fields for the printed names and 1650
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signatures of two supervised voting team members, the date, the 1651
time, the number of absentee ballots transported to the facility 1652
in which the elector lives, the number of absentee ballots 1653
completed and returned to the supervisor, the number of absentee 1654
ballots retained by electors to be cast at a later date, the 1655
voter identifications of electors who retained ballots, and seal 1656
numbers. 1657
(13) The names of electors living in the facility who 1658
complete ballots, the n ames of electors living in the facility 1659
who refuse to vote, and the names of electors living in the 1660
facility who retain ballots to be cast at a later date must be 1661
logged and reported to the supervisor of elections by the 1662
supervised voting team. 1663
(14) Cast ballots in sealed envelopes from supervised 1664
voting for absent electors residing in an assisted living 1665
facility or a nursing home facility must be returned to the 1666
supervisor of elections for tabulation and retention pursuant to 1667
s. 101.67. 1668
(15) The chain of custody forms for ballots transported by 1669
supervised voting teams and completed by absent electors in the 1670
facilities must include fields for the name of the facility, the 1671
printed names and signatures of two members of the vote counting 1672
center who accept custody of the cast ballots, the date, the 1673
time, the seal number, a checkbox to confirm that the seal is 1674
intact, and the number of absentee ballots received by the vote 1675
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counting center from the facility. 1676
(16) The county canvassing board shall validate ch ain of 1677
custody records for ballots received from supervised voting by 1678
absent electors in the facilities as the ballots are returned. 1679
Section 16. Paragraph (a) of subsection (1) and 1680
subsections (2) and (4) of section 101.68, Florida Statutes, are 1681
amended to read: 1682
101.68 Canvassing of vote -by-mail ballot.— 1683
(1)(a) The supervisor of the county in which where the 1684
absent elector resides shall receive the voted ballot, verify 1685
that the certificate signature is a personal and manual 1686
signature that was not cr eated by a rubber stamp or an 1687
electronic machine, verify that the voter certificate envelope 1688
and ballot material are consistent with the quality and serial 1689
number sequence issued, and at which time the supervisor shall 1690
compare the signature of the elector on the voter's certificate 1691
with the signature of the elector in the registration books or 1692
the precinct register to determine whether the elector is duly 1693
registered in the county and must record on the elector's 1694
registration record that the elector has vote d. The supervisor 1695
shall also evaluate whether the photo identification provided is 1696
consistent with any Department of Highway Safety and Motor 1697
Vehicles photographs of the elector available. During the 1698
signature comparison process, the supervisor may not use any 1699
knowledge of the political affiliation of the elector whose 1700
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signature is subject to verification. 1701
(2)(a) The county canvassing board may begin the 1702
canvassing of vote-by-mail ballots upon the completion of the 1703
public testing of automatic tabulating e quipment pursuant to s. 1704
101.5612(2), but must complete canvassing of all ballots 1705
received at the end of election day begin such canvassing by no 1706
later than the end of the following noon on the day following 1707
the election. However, notwithstanding any such a uthorization to 1708
begin canvassing or otherwise processing vote -by-mail ballots 1709
early, no result shall be released to the state or to the public 1710
until after the closing of the polls in that county on election 1711
day. Any supervisor, deputy supervisor, canvassin g board member, 1712
election board member, or election employee who releases the 1713
results of a canvassing or processing of vote -by-mail ballots 1714
before prior to the closing of the polls in that county on 1715
election day commits a felony of the third degree, punisha ble as 1716
provided in s. 775.082, s. 775.083, or s. 775.084. 1717
(b) To ensure that all vote -by-mail ballots to be counted 1718
by the canvassing board are accounted for, the canvassing board 1719
shall compare the number of ballots in its possession with the 1720
number of requests for ballots received to be counted according 1721
to the ballot chain of custody records and ballot reconciliation 1722
report, the supervisor's ballot accounting report, and the 1723
supervisor's file or list. 1724
(c)1. The canvassing board must, if the supervisor has not 1725
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already done so, compare the signature of the elector on the 1726
voter's certificate or on the vote -by-mail ballot cure affidavit 1727
as provided in subsection (4) with the signature of the elector 1728
in the registration books or the precinct register to see that 1729
the elector is duly registered in the county and to determine 1730
the legality of that vote -by-mail ballot. A vote-by-mail ballot 1731
may only be counted if: 1732
a. The signature on the voter's certificate or the cure 1733
affidavit matches the elector's signature in the registration 1734
books or precinct register; however, in the case of a cure 1735
affidavit, the supporting identification listed in subsection 1736
(4) must also confirm the identity of the elector; or 1737
b. The cure affidavit contains a signature that does not 1738
match the elector's signature in the registration books or 1739
precinct register, but the elector has submitted a current and 1740
valid Tier 1 identification pursuant to subsection (4) which 1741
confirms the identity of the elector. Tier 1 or Tier 2 1742
identification is co nsidered ballot material for purposes of s. 1743
101.572 and must be presented to any candidates, political party 1744
officials, political committee officials, and political action 1745
committee officials, or authorized designees thereof, conducting 1746
a cure affidavit review. 1747
1748
For purposes of this subparagraph, any canvassing board finding 1749
that an elector's signatures do not match must be by majority 1750
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vote and beyond a reasonable doubt. 1751
2. The ballot of an elector who casts a vote -by-mail 1752
ballot shall be counted even if the elector dies on or before 1753
election day, as long as, before the death of the voter, the 1754
ballot was postmarked by the United States Postal Service, date -1755
stamped with a verifiable tracking number by a common carrier, 1756
or already in the possession of the su pervisor. 1757
3. A vote-by-mail ballot is not considered illegal if the 1758
signature of the elector does not cross the seal of the mailing 1759
envelope. However, an envelope that appears to have been opened 1760
and resealed or that displays an unauthorized serial numbe r 1761
instead of an authorized serial number is considered illegal. 1762
4. If any elector or candidate present believes that a 1763
vote-by-mail ballot is illegal due to a defect apparent on the 1764
voter's certificate or the cure affidavit, he or she may, at any 1765
time before the ballot is removed from the envelope, file with 1766
the canvassing board a protest against the canvass of that 1767
ballot, specifying the precinct, the voter's certificate or the 1768
cure affidavit, and the reason he or she believes the ballot to 1769
be illegal. A challenge based upon a defect in the voter's 1770
certificate or cure affidavit may not be accepted after the 1771
ballot has been removed from the mailing envelope. A log must be 1772
kept of all challenges, the voter identification, the 1773
resolution, and the signatures compared. The log, the cure 1774
affidavit with accompanying Tier 1 or Tier 2 identification, if 1775
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applicable, the envelope, and the ballot, if rejected, therein 1776
must be preserved in the manner that official ballots are 1777
preserved as election materials. The log an d decisions must be 1778
reviewed as part of a postelection process audit. 1779
5. If the canvassing board determines that a ballot is 1780
illegal, a member of the board must, without opening the 1781
envelope, mark across the face of the envelope: "rejected as 1782
illegal." The cure affidavit with accompanying Tier 1 or Tier 2 1783
identification, if applicable, the envelope, and the ballot 1784
therein shall be preserved in the manner that official ballots 1785
are preserved as election materials . 1786
(d) The canvassing board shall record the ballot upon the 1787
proper record, unless the ballot has been previously r ecorded by 1788
the supervisor. The mailing envelopes shall be opened and the 1789
voter certificate secrecy envelopes shall be mixed so as to make 1790
it impossible to determine which voter certificate secrecy 1791
envelope came out of which signed mailing envelope; however , in 1792
any county in which an electronic or electromechanical voting 1793
system is used, the ballots may be sorted by ballot styles and 1794
the mailing envelopes may be opened and the voter certificate 1795
secrecy envelopes mixed separately for each ballot style. The 1796
votes on vote-by-mail ballots shall be included in the total 1797
vote of the county. 1798
(4)(a) As soon as practicable, the supervisor shall, on 1799
behalf of the county canvassing board, attempt to notify an 1800
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elector who has returned a vote -by-mail ballot that does no t 1801
include the elector's signature or contains a signature that 1802
does not match the elector's signature in the registration books 1803
or precinct register by: 1804
1. Notifying the elector of the signature deficiency by e -1805
mail with a direct link to the supervisor's website and 1806
directing the elector to the cure affidavit and instructions on 1807
the supervisor's website ; 1808
2. Notifying the elector of the signature deficiency by 1809
text message with a direct link to the supervisor's website and 1810
directing the elector to the cu re affidavit and instructions on 1811
the supervisor's website ; or 1812
3. Notifying the elector of the signature deficiency by 1813
telephone and directing the elector to the cure affidavit and 1814
instructions on the supervisor's website. 1815
1816
In addition to the notification required under subparagraph 1., 1817
subparagraph 2., or subparagraph 3., the supervisor must notify 1818
the elector of the signature deficiency by first -class mail and 1819
direct the elector to the cure affidavit and instructions on the 1820
supervisor's website. Beginnin g the day before the election, the 1821
supervisor is not required to provide notice of the signature 1822
deficiency by first-class mail, but shall continue to provide 1823
notice as required under subparagraph 1., subparagraph 2., or 1824
subparagraph 3. 1825
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(b) The supervisor shall allow such an elector to complete 1826
and submit an affidavit in order to cure the vote -by-mail ballot 1827
until 5 p.m. on the 2nd day after the election. 1828
(c) The elector must complete a cure affidavit in 1829
substantially the following form: 1830
1831
VOTE-BY-MAIL BALLOT CURE AFFIDAVIT 1832
1833
I, ...., am a qualified voter in this election and 1834
registered voter of .... County, Florida. I do solemnly swear or 1835
affirm that I requested and returned the vote -by-mail ballot and 1836
that I have not and will not vote more than one ball ot in this 1837
election. I understand that if I commit or attempt any fraud in 1838
connection with voting, vote a fraudulent ballot, or vote more 1839
than once in an election, I may be convicted of a felony of the 1840
third degree and fined up to $5,000 and imprisoned for up to 5 1841
years. I understand that my failure to sign this affidavit means 1842
that my vote-by-mail ballot will be invalidated. 1843
...(Date)... 1844
...(Voter's Printed Name)... 1845
...(Voter's Signature)... 1846
...(Voter's E-mail Address)[Optional]... 1847
...(Voter's Home Telephone Number)[Optional]... 1848
...(Voter's Mobile Telephone Number)[Optional]... 1849
...(Address)... 1850
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1851
(d) Instructions must accompany the cure affidavit in 1852
substantially the following form: 1853
1854
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 1855
AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 1856
BALLOT NOT TO COUNT. 1857
1858
1. In order to ensure that your vote -by-mail ballot will 1859
be counted, your affidavit should be completed and returned as 1860
soon as possible so that it can reach the supervisor of 1861
elections of the county in which your precinct is located no 1862
later than 5 p.m. on the 2nd day after the election. 1863
2. You must sign your name on the line above (Voter's 1864
Signature). 1865
3. You must make a copy of one of the following forms of 1866
identification: 1867
a. Tier 1 identification. —Current and valid identification 1868
that includes your name and photograph: Florida driver license; 1869
Florida identification card issued by the Department of Highway 1870
Safety and Motor Vehicles; United States passport; debit or 1871
credit card; military identification; student identification; 1872
retirement center identification; neighborhood association 1873
identification; public assistance identification; veteran health 1874
identification card issued by the United States Department of 1875
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Veterans Affairs; a Florida license to carry a concealed weapon 1876
or firearm; or an employee identification card issued by any 1877
branch, department, agency, or entity of the Federal Government, 1878
the state, a county, or a municipality; or 1879
b. Tier 2 identification. —ONLY IF YOU DO NOT HAVE A TIER 1 1880
FORM OF IDENTIFICATION, identification that shows your name and 1881
current residence address: current utility bill, bank statement, 1882
government check, paycheck, or government document (excluding 1883
voter information card). 1884
4. Place the envelope bearing the affidavit into a mailing 1885
envelope addressed to the supervisor. Insert a copy of your 1886
identification in the mailing envelope. Mail (if time permits), 1887
deliver, or have delivered the completed affidavit along with 1888
the copy of your identifica tion to your county supervisor of 1889
elections. Be sure there is sufficient postage if mailed and 1890
that the supervisor's address is correct. Remember, your 1891
information MUST reach your county supervisor of elections no 1892
later than 5 p.m. on the 2nd day after the election, or your 1893
ballot will not count. 1894
5. Alternatively, you may fax or e -mail your completed 1895
affidavit and a copy of your identification to the supervisor of 1896
elections. If e-mailing, please provide these documents as 1897
attachments. 1898
1899
(e) The department and each supervisor shall include the 1900
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affidavit and instructions on their respective websites. The 1901
supervisor must include his or her office's mailing address, e -1902
mail address, and fax number on the page containing the 1903
affidavit instructions, and the depa rtment's instruction page 1904
must include the office mailing addresses, e -mail addresses, and 1905
fax numbers of all supervisors of elections or provide a 1906
conspicuous link to such addresses. 1907
(f) The supervisor shall attach each affidavit and Tier 1 1908
or Tier 2 identification received to the appropriate voter 1909
certificate vote-by-mail ballot mailing envelope. 1910
(g) A designee for a candidate, political committee, 1911
political action committee, or political party may inspect all 1912
ballot materials in accordance with s. 10 1.572, including Tier 1 1913
and Tier 2 identification necessary to accept or reject a ballot 1914
certificate signature match. 1915
(h) A voter signature mismatch on a voter certificate 1916
envelope that is rejected by the county canvassing board must be 1917
cured by the elector before his or her signature may be accepted 1918
and his or her vote may be counted. The elector shall complete a 1919
cure affidavit and return to the county canvassing board the 1920
affidavit and Tier 1 or Tier 2 identification. 1921
(i) The voter certificate envelop e, the cure affidavit, 1922
and the Tier 1 or Tier 2 identification are considered ballot 1923
materials under s. 101.572. These ballot materials provide 1924
supporting evidence to accept or reject a signature on a 1925
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certificate and shall be reviewed by the canvassing boa rd and 1926
made available to a designee for a candidate, political 1927
committee, political action committee, or political party. 1928
(j) The supervisor shall provide to the designee for a 1929
candidate, political committee, political action committee, or 1930
political party access to any materials considered ballot 1931
materials under s. 101.572 which are necessary to complete the 1932
task of cure affidavit review. A time must be arranged each day 1933
and made open to the public for a designee for a candidate, 1934
political committee, poli tical action committee, or political 1935
party to complete a cure affidavit review of unique returned 1936
cure affidavits that have been returned since the previous day. 1937
As long as the vote counting center is open to the public, the 1938
supervisor may not limit the ti me necessary for a designee for a 1939
candidate, political committee, political action committee, or 1940
political party to complete a cure affidavit review of ballot 1941
materials. 1942
(k)(g) If a vote-by-mail ballot is validated following the 1943
submission of a cure affi davit, the supervisor shall make a copy 1944
of the affidavit, affix it to a voter registration application, 1945
and immediately process it as a valid request for a signature 1946
update pursuant to s. 98.077. 1947
(l) A log must be kept of cure challenges levied by public 1948
inspectors, including the voter name, the voter identification, 1949
the voter precinct, the reason for the cure affidavit, the 1950
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reason the voter certificate envelope was initially rejected, 1951
the reason for any challenges made to the cure affidavit 1952
signature, the Tier 1 or Tier 2 identification, and the final 1953
disposition of the cure affidavit. 1954
1. The log, the cure affidavit, if applicable, the 1955
envelope, and the ballot, if rejected, must be preserved in the 1956
same manner that official ballots are preserved. The lo g and 1957
decisions must be reviewed as part of a postelection process 1958
audit, and cure reports must be made available to the public by 1959
precinct. 1960
2. If a designee protests a cure affidavit and the protest 1961
is subsequently rejected by the county canvassing boar d, the 1962
ballot must be counted as a cast vote and entered into the final 1963
vote count. The county canvassing board shall record in the log 1964
the reason for the protest, the reason for the protest 1965
rejection, the voter identification, the voter precinct, the 1966
reason the cure affidavit was required, and the voter 1967
certificate envelope that was originally rejected. 1968
3. Daily county canvassing board minutes must contain 1969
board decisions relating to cure affidavits, including the voter 1970
identification and precinct discus sed. 1971
(m)(h) After all election results on the ballot have been 1972
certified, the supervisor shall, on behalf of the county 1973
canvassing board, notify each elector whose ballot has been 1974
rejected as illegal and provide the specific reason the ballot 1975
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was rejected. The supervisor shall research the elector whose 1976
ballot was rejected as illegal using all available resources to 1977
determine whether the elector is still eligible to vote. If the 1978
elector is determined to be eligible to vote In addition, unless 1979
processed as a signature update pursuant to paragraph (k) (g), 1980
the supervisor shall mail a voter registration application to 1981
the elector to be completed indicating the elector's current 1982
signature if the signature on the voter's certificate or cure 1983
affidavit did not ma tch the elector's signature in the 1984
registration books or precinct register. 1985
(n) Any information not confidential or exempt from s. 1986
119.07(1) must be made available to candidate, political party, 1987
or political committee designees, including information on 1988
electors who are notified of a signature mismatch and 1989
instructions to complete a cure affidavit by the supervisor. 1990
Section 17. Section 101.69, Florida Statutes, is amended 1991
to read: 1992
101.69 Voting in person; return of vote -by-mail ballot.— 1993
(1) The provisions of this code shall not be construed to 1994
prohibit any elector from voting in person at the elector's 1995
precinct on the day of an election or at an early voting site, 1996
notwithstanding that the elector has requested a vote -by-mail 1997
ballot for that electio n. An elector who has returned a voted 1998
vote-by-mail ballot to the supervisor, however, is deemed to 1999
have cast his or her ballot and is not entitled to vote another 2000
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ballot or to have a provisional ballot counted by the county 2001
canvassing board. An elector wh o has received a vote -by-mail 2002
ballot and has not returned the voted ballot to the supervisor, 2003
but desires to vote in person, shall return the ballot, whether 2004
voted or not, to the election board in the elector's precinct or 2005
to an early voting site. The retu rned ballot voter certificate 2006
envelope containing an uncast ballot must be marked "canceled" 2007
with a permanent marker. In the presence of the elector and a 2008
second poll worker, a member of the board shall open the voter 2009
certificate envelope and mark "cancele d" with a permanent marker 2010
across the ballot and place the ballot shall be marked 2011
"canceled" by the board and placed with other canceled ballots. 2012
However, if the elector does not return the ballot and the 2013
election official: 2014
(a) Confirms that the supervis or has received the 2015
elector's vote-by-mail ballot, the elector shall not be allowed 2016
to vote in person. If the elector maintains that he or she has 2017
not returned the vote -by-mail ballot or remains eligible to 2018
vote, the elector shall be provided a provisional ballot as 2019
provided in s. 101.048. 2020
(b) Confirms that the supervisor has not received the 2021
elector's vote-by-mail ballot, the elector shall be allowed to 2022
vote in person as provided in this code. The elector's vote -by-2023
mail ballot, if subsequently received, shall not be counted and 2024
shall remain in the mailing envelope, and the envelope shall be 2025
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marked "Rejected as Illegal 2nd Ballot." If it is determined 2026
that the signature on the voter certificate envelope does not 2027
match the voter's signature, the vote -by-mail ballot and voter 2028
certificate envelope must be submitted to the Office of Election 2029
Crimes and Security for investigation. 2030
(c) Cannot determine whether the supervisor has received 2031
the elector's vote-by-mail ballot, the elector may vote a 2032
provisional ballot as provided in s. 101.048. 2033
(2)(a) The supervisor shall allow an elector who has 2034
received a vote-by-mail ballot to physically return a voted 2035
vote-by-mail ballot to the supervisor by placing the return mail 2036
envelope containing his or her marked ballot i n a secure ballot 2037
intake station. Secure ballot intake stations shall be placed at 2038
the main office of the supervisor, at each permanent branch 2039
office of the supervisor which meets the criteria set forth in 2040
s. 101.657(1)(a) for branch offices used for early voting and 2041
which is open for at least the minimum number of hours 2042
prescribed by s. 98.015(4), and inside at each early voting 2043
site. Secure ballot intake stations may also be placed at any 2044
other site that would otherwise qualify as an early voting site 2045
under s. 101.657(1). Secure ballot intake stations must be 2046
geographically located so as to provide all voters in the county 2047
with an equal opportunity to cast a ballot, insofar as is 2048
practicable. Except for secure ballot intake stations at an 2049
office of the supervisor, A secure ballot intake station may 2050
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only be used during the county's early voting hours of operation 2051
if it is located inside an early voting site or inside an office 2052
of the supervisor and must be monitored in person by an employee 2053
of the supervisor's office. A secure ballot intake station at an 2054
office of the supervisor must be continuously monitored in 2055
person by an employee of the supervisor's office when the secure 2056
ballot intake station is accessible for deposit of ballots. 2057
(b) A supervisor shall designate each secure ballot intake 2058
station location at least 30 days before an election. The 2059
supervisor shall provide the address of each secure ballot 2060
intake station location to the division at least 30 days before 2061
an election. After a secure ballot int ake station location has 2062
been designated, it may not be moved or changed except as 2063
approved by the division to correct a violation of this 2064
subsection. 2065
(c)1. On each day of early voting, all secure ballot 2066
intake stations must be inspected to verify that n o ballots are 2067
present at the start of early voting hours and must be emptied 2068
at the end of early voting hours . and All ballots retrieved from 2069
the secure ballot intake stations must be returned to the 2070
supervisor's office using the chain of custody standards 2071
required under s. 101.015 . 2072
2. For secure ballot intake stations located at an office 2073
of the supervisor, all ballots must be retrieved before the 2074
secure ballot intake station is no longer monitored by an 2075
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employee of the supervisor. 2076
3. Employees of the supervisor must comply with procedures 2077
for the chain of custody of ballots as required by s. 2078
101.015(4). 2079
(3) If any secure ballot intake station is left accessible 2080
for ballot receipt other than as authorized by this section or a 2081
secure intake station is deployed which does not meet department 2082
standards, the supervisor is subject to a civil penalty of 2083
$25,000. The division is authorized to enforce this provision. 2084
Section 18. Subsections (2) and (3) of section 101.6921, 2085
Florida Statutes, are amended to read: 2086
101.6921 Delivery of special vote -by-mail ballot to 2087
certain first-time voters.— 2088
(2) The supervisor shall enclose with each vote -by-mail 2089
ballot three envelopes: a secrecy envelope, into which the 2090
absent elector will enclose his or her marked ballo t; an 2091
envelope containing the Voter's Certificate ; an identification 2092
envelope, into which the absent elector shall place the secrecy 2093
envelope; and a mailing envelope, which shall be addressed to 2094
the supervisor and into which the absent elector will place t he 2095
envelope containing the Voter's Certificate and the 2096
identification envelope containing a copy of the required 2097
identification. 2098
(3) The Voter's Certificate shall be in substantially the 2099
following form: 2100
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2101
Note: Please Read Instructions Carefully Before 2102
Marking Ballot and Completing Voter's Certificate. 2103
2104
VOTER'S CERTIFICATE 2105
2106
I, ...., do solemnly swear or affirm that I am a qualified 2107
and registered voter of .... County, Florida, and that I have 2108
not and will not vote more than one ballot in this election. I 2109
understand that if I commit or attempt to commit any fraud in 2110
connection with voting, vote a fraudulent ballot, or vote more 2111
than once in an election, I can be convicted of a felony of the 2112
third degree and fined up to $5,000 and/or imprisoned for up to 2113
5 years. I also understand that failure to sign this certificate 2114
will invalidate my ballot. I understand that unless I meet one 2115
of the exemptions below, I must provide a copy of a current and 2116
valid identification as provided in the instruction sheet to the 2117
supervisor of elections in order for my ballot to count. 2118
I further certify that I am exempt from the requirements to 2119
furnish a copy of a current and valid identification with my 2120
ballot because of one or more of the following (check all that 2121
apply): 2122
☐ I am 65 years of age or older. 2123
☐ I have a permanent or temporary physical disability and 2124
have included a copy of a doctor's note or social security 2125
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disability document. 2126
☐ I am a member of a uniformed service on active duty who, 2127
by reason of such active duty, will be absent from the county on 2128
election day and have included a copy of my current military 2129
identification. 2130
☐ I am a member of the Merchant Marine who, by reason of 2131
service in the Merchant Marine, will be absent from the county 2132
on election day and have included a copy of my current Merchant 2133
Marine identification . 2134
☐ I am the spouse or dependent of a member of the uniformed 2135
service or Merchant Marine who, by reason of the active duty or 2136
service of the member, will be absent from the county on 2137
election day and have included a copy of my uniformed services 2138
dependent identification . 2139
☐ I am currently residing outside the United States and 2140
have included a copy of one of the following that shows my name 2141
and my former Florida address and the address at which I reside 2142
outside the United States: 2143
1. Utility bill. 2144
2. Bank statement. 2145
3. Government-issued check. 2146
4. Paycheck. 2147
5. Other government document, excluding a voter 2148
identification card. 2149
2150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
...(Date)... 2151
...(Voter's Printed Name)... 2152
...(Voter's Signature)... 2153
...(Voter's E-mail Address)[Optional]... 2154
...(Voter's Home Telephone Number)[Optional]... 2155
...(Voter's Mobile Telephone Number)[Optional]... 2156
Section 19. Subsection (2) of section 101.6923, Florida 2157
Statutes, is amended to read: 2158
101.6923 Special vote-by-mail ballot instructions for 2159
certain first-time voters.— 2160
(2) A voter covered by this section must be provided with 2161
printed instructions with his or her vote -by-mail ballot in 2162
substantially the following form: 2163
2164
READ THESE INSTRUCTIONS CAR EFULLY BEFORE MARKING YOUR 2165
BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 2166
YOUR BALLOT NOT TO COUNT. 2167
2168
1. In order to ensure that your vote -by-mail ballot will 2169
be counted, it should be completed and returned as soon as 2170
possible so that it can reach the supervisor of elections of the 2171
county in which your precinct is located no later than 7 p.m. on 2172
the date of the election. However, if you are an overseas voter 2173
casting a ballot in a presidential preference primary or general 2174
election, your vote-by-mail ballot must be postmarked or dated 2175
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no later than the date of the election and received by the 2176
supervisor of elections of the county in which you are 2177
registered to vote no later than 10 days after the date of the 2178
election. Note that the later you return y our ballot, the less 2179
time you will have to cure signature deficiencies, which is 2180
authorized until 5 p.m. local time on the 2nd day after the 2181
election. 2182
2. Mark your ballot in secret as instructed on the ballot. 2183
You must mark your own ballot unless you are unable to do so 2184
because of blindness, disability, or inability to read or write. 2185
3. Mark only the number of candidates or issue choices for 2186
a race as indicated on the ballot. If you are allowed to "Vote 2187
for One" candidate and you vote for more than one, your vote in 2188
that race will not be counted. 2189
4. Place your marked ballot in the enclosed secrecy 2190
envelope and seal the envelope. 2191
5. Insert the secrecy envelope into the enclosed envelope 2192
bearing the Voter's Certificate. Seal the envelope and 2193
completely fill out the Voter's Certificate on the back of the 2194
envelope. 2195
a. You must sign your name on the line above (Voter's 2196
Signature). 2197
b. If you are an overseas voter, you must include the date 2198
you signed the Voter's Certificate on the line above (Date) or 2199
your ballot may not be counted. 2200
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c. A vote-by-mail ballot will be considered illegal and 2201
will not be counted if the signature on the Voter's Certificate 2202
does not match the signature on record. The signature on file at 2203
the start of the canvass of the vote -by-mail ballots is the 2204
signature that will be used to verify your signature on the 2205
Voter's Certificate. If you need to update your signature for 2206
this election, send your signature update on a voter 2207
registration application to your supervisor of elections so that 2208
it is received before your vote -by-mail ballot is received. 2209
5.a. If you have registered to vote without a driver 2210
license or Florida identification card and have not previously 2211
provided one of the following forms of identification to an 2212
election official 6. Unless you meet one of the exemptions in 2213
Item 7., you must make a copy of one of the following forms of 2214
identification: 2215
(I) A United States passport; or 2216
(II)(A) A United States birth certificate, United States 2217
naturalization papers, a consular report of birth abroad 2218
provided by the United States Department of State, or a social 2219
security card; and 2220
(B) An acceptable, current photo identification that 2221
includes your name and photograph. Acceptable photo 2222
identification includes a 2223
a. identification which must include your name and 2224
photograph: United States passport; debit or credit card; 2225
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military identification; student identification; retirement 2226
center identification; neighborhood association identification; 2227
public assistance identification; a veteran health 2228
identification card issued by the United States Department of 2229
Veterans Affairs; a Florida license to carry a concealed weapon 2230
or firearm; or an employee identification card issued by any 2231
branch, department, agency, or entity of the Federal Gov ernment, 2232
the state, a county, or a municipality .; or 2233
b. If you have registered to vote without a driver license 2234
or Florida identification card, you must also make a copy of an 2235
identification document dated within the last 2 months which 2236
contains the name and residence address listed on your voter 2237
registration application. Acceptable identification that which 2238
shows your name and current residence address includes a: 2239
current utility bill, bank statement, government check, 2240
paycheck, or government document (e xcluding voter information 2241
card). 2242
c. If you have registered to vote without a driver license 2243
or Florida identification card and meet the requirements of Item 2244
6., you may provide the following as proof of prior Florida 2245
residence: 2246
(I) Documents listed in Item 5.b. that are not current 2247
plus a current equivalent document listing your non -United 2248
States residence address. 2249
(II) A consular report of birth abroad provided by the 2250
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United States Department of State and proof that your parents 2251
previously resided in the State of Florida. 2252
d. Documents provided under this Item may be submitted 2253
using the same methods allowed under s. 101.68. 2254
6.7. The identification requirements of Item 5. 6. do not 2255
apply if you meet one of the following requirements: 2256
a. You are 65 years of age or older. 2257
a.b. You have a temporary or permanent physical disability 2258
as documented by a copy of a doctor's affidavit stating your 2259
disability status or a social security disability document 2260
provided to a voter registration official . 2261
b.c. You are a member of a uniformed service on active 2262
duty as documented by a current military identification provided 2263
to a voter registration official who, by reason of such active 2264
duty, will be absent from the county on election day. 2265
c.d. You are a member of the Merchant Marine as documented 2266
by a current Merchant Marine identification who, by reason of 2267
service in the Merchant Marine, will be absent from the county 2268
on election day. 2269
d.e. You are the spouse or dependent of a member referred 2270
to in paragraph b. c. or paragraph c. d. as documented by a 2271
uniformed services dependent identification who, by reason of 2272
the active duty or service of the member, will be absent from 2273
the county on election day. 2274
e.f. You are currently residing outside the United States 2275
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and provide one of the following: 2276
(I) Documents listed in Item 5.b. that are not current and 2277
a current equivalent document listing your non -United States 2278
residence address. 2279
(II) A consular report of birth abroad provided by the 2280
United States Departmen t of State and proof that your parents 2281
previously resided in the State of Florida . 2282
2283
Documents provided under this Item may be provided to election 2284
officials using mail, e -mail, or fax. 2285
7.8. Place the envelope bearing the Voter's Certificate 2286
into the mailing envelope addressed to the supervisor. Insert a 2287
copy of your identification in the identification mailing 2288
envelope. DO NOT PUT YOUR IDENTIFICATION INSIDE THE SECRECY 2289
ENVELOPE WITH THE BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE 2290
VOTER'S CERTIFICATE OR YOUR BALLOT WILL NOT COUNT. 2291
8. Place both the envelope bearing the Voter's Certificate 2292
and the identification envelope into the mailing envelope 2293
addressed to the supervisor. 2294
9. Mail, deliver, or have delivered the completed mailing 2295
envelope. Be sure th ere is sufficient postage if mailed. 2296
10. FELONY NOTICE. It is a felony under Florida law to 2297
accept any gift, payment, or gratuity in exchange for your vote 2298
for a candidate. It is also a felony under Florida law to vote 2299
in an election using a false identi ty or false address, or under 2300
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any other circumstances making your ballot false or fraudulent. 2301
Section 20. Paragraph (a) of subsection (1) and subsection 2302
(2) of section 102.012, Florida Statutes, are amended to read: 2303
102.012 Inspectors, and clerks, and absentee vote 2304
processing workers to conduct elections. — 2305
(1)(a) The supervisor of elections of each county, at 2306
least 20 days before prior to the holding of any election, shall 2307
appoint an election board comprised of poll workers who serve as 2308
clerks or inspectors for each precinct in the county and shall 2309
recruit absentee vote processing workers . The clerk shall be in 2310
charge of, and responsible for, seeing that the election board 2311
carries out its duties and responsibilities. Each inspector , 2312
absentee vote processing worker, and each clerk shall take and 2313
subscribe to an oath or affirmation, which shall be written or 2314
printed, to the effect that he or she will perform the duties of 2315
inspector, absentee vote processing worker, or clerk of 2316
election, respectively, ac cording to law and will endeavor to 2317
prevent all fraud, deceit, or abuse in conducting the election. 2318
The oath may be taken before an officer authorized to administer 2319
oaths or before any of the persons who are to act as inspectors, 2320
one of them to swear the o thers, and one of the others sworn 2321
thus, in turn, to administer the oath to the one who has not 2322
been sworn. The oaths shall be returned with the poll list and 2323
the returns of the election to the supervisor. In all questions 2324
that may arise before the members of an election board, the 2325
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decision of a majority of them shall decide the question. The 2326
supervisor of elections of each county shall be responsible for 2327
the attendance and diligent performance of his or her duties by 2328
each clerk, absentee vote processing wo rker, and inspector. 2329
(2) Each member of the election board and each absentee 2330
vote processing worker must shall be able to read and write the 2331
English language and shall be a registered qualified elector of 2332
the county in which the member is appointed or a person who has 2333
preregistered to vote, pursuant to s. 97.041(1)(b), in the 2334
county in which the member is appointed. An No election board or 2335
a work area of an absentee vote counting location may not shall 2336
be composed solely of members of one political party , except 2337
that; however, in any primary in which only one party has 2338
candidates appearing on the ballot, all clerks and inspectors 2339
may be of that party. Any person whose name appears as an 2340
opposed candidate for any office shall not be eligible to serve 2341
on an election board. 2342
Section 21. Section 102.014, Florida Statutes, is amended 2343
to read: 2344
102.014 Poll worker recruitment and training. — 2345
(1) The supervisor of elections shall conduct training for 2346
inspectors, clerks, absentee vote processing workers, and deputy 2347
sheriffs before prior to each primary, general, and special 2348
election for the purpose of instructing such persons in their 2349
duties and responsibilities as election officials. The Division 2350
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of Elections shall develop a statewide uniform training 2351
curriculum for poll workers, and each supervisor shall use such 2352
curriculum in training poll workers. The Department of State 2353
shall develop a statewide uniform training curriculum for 2354
absentee vote processing workers, and each supervisor shall use 2355
such curriculum in training absentee vote processing workers. A 2356
certificate may be issued by the supervisor of elections to each 2357
person completing such training. A No person may not shall serve 2358
as an inspector, clerk, absentee vote processing worker, or 2359
deputy sheriff for an election unless such person has completed 2360
the training as required. A clerk may not work at the polls 2361
unless he or she demonstrates a working knowledge of the laws 2362
and procedures relating to voter registration, voting system 2363
operation, balloting and pol ling place procedures, and problem -2364
solving and conflict -resolution skills. An absentee vote 2365
processing worker may not work at the absentee vote processing 2366
center unless he or she demonstrates a working knowledge of the 2367
laws and procedures relating to chain of custody, the work areas 2368
to which he or she may be assigned, physical security 2369
requirements, and problem -solving and conflict -resolution 2370
skills. 2371
(2) A person who has attended previous training conducted 2372
within 2 years before the election may be appoin ted by the 2373
supervisor to fill a vacancy on an election board or at an 2374
absentee vote processing center . If no person with prior 2375
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training is available to fill such vacancy, the supervisor of 2376
elections may fill such vacancy in accordance with the 2377
provisions of subsection (3) from among persons who have not 2378
received the training required by this section. 2379
(3) In the case of absence or refusal to act on the part 2380
of any absentee vote processing worker, inspector, or clerk, the 2381
supervisor shall appoint a replacem ent who meets the 2382
qualifications prescribed in s. 102.012(2). The absentee vote 2383
processing worker, inspector, or clerk so appointed shall be a 2384
member of the same political party as the absentee vote 2385
processing worker, clerk, or inspector whom he or she rep laces. 2386
(4) Each supervisor of elections shall be responsible for 2387
training absentee vote processing workers, inspectors, and 2388
clerks, subject to the following minimum requirements: 2389
(a) A No clerk may not shall be entitled to work at the 2390
polls unless he or she has had a minimum of 3 hours of training 2391
before prior to each election. 2392
(b) An No inspector may not shall work at the polls unless 2393
he or she has had a minimum of 2 hours of training before prior 2394
to each election. 2395
(c) An absentee vote processing worker may not work in a 2396
work area unless he or she has had a minimum of 2 hours of 2397
training before each election, including training for the work 2398
area to which he or she is assigned. 2399
(5) The Department of State shall create a uniform polling 2400
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place procedures manual and an absentee vote processing center 2401
procedures manual and adopt the manuals manual by rule. Each 2402
supervisor of elections shall ensure that the appropriate manual 2403
is available in hard copy or electronic form in every polling 2404
place and absentee vote processing center . The manuals manual 2405
shall guide absentee vote processing workers, inspectors, 2406
clerks, and deputy sheriffs in the proper implementation of 2407
election procedures and laws. The manuals manual shall be 2408
indexed by subject, and written in plain, clear, unambiguous 2409
language. The manuals manual shall provide specific examples of 2410
common problems encountered at the polls and detail specific 2411
procedures for resolving those problems. 2412
(a) The polling place procedures manual shall include, 2413
without limitation: 2414
1.(a) Regulations governing solicitation by individuals 2415
and groups at the polling place .; 2416
2.(b) Procedures to be followed with respect to voters 2417
whose names are not on the precinct register .; 2418
3.(c) Proper operation of the voting system .; 2419
4.(d) Ballot handling procedures .; 2420
5.(e) Procedures governing spoiled ballots; 2421
6.(f) Procedures to be followed after the polls close .; 2422
7.(g) Rights of voters at the polls .; 2423
8.(h) Procedures for handli ng emergency situations .; 2424
9.(i) Procedures for dealing with irate voters .; 2425
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10.(j) The handling and processing of provisional 2426
ballots.; and 2427
11.(k) Security procedures. 2428
12. Chain of custody procedures. 2429
13. Communications device policy. 2430
14. Rights and responsibilities of poll watchers at the 2431
polls. 2432
(b) The absentee vote processing center manual shall 2433
include, but not be limited to: 2434
1. Regulations governing use of cellular telephones and 2435
wireless networking at the absentee vote counting location . 2436
2. Proper communication settings and operation of vote 2437
counting location technologies. 2438
3. Procedures for management and use of portable storage 2439
media. 2440
4. Procedures for chain of custody between work areas and 2441
storage. 2442
5. Procedures for the curing of ballots. 2443
6. Access to and control of ballots in storage or within 2444
work areas during working and nonworking hours. 2445
7. Rights and responsibilities of public watchers at the 2446
absentee vote processing center. 2447
8. Security procedures, including building security, 2448
physical port security, and system cybersecurity. 2449
9. Beginning-of-shift procedures. 2450
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10. End-of-shift procedures. 2451
11. Rights and responsibilities of public watchers at the 2452
absentee vote processing center. 2453
12. Ballot accounting and reconciliation reports. 2454
2455
The Department of State shall revise the manuals manual as 2456
necessary to address new procedures in law or problems 2457
encountered by voters and poll workers at the precincts and by 2458
absentee vote processing workers at absentee vote coun ting 2459
locations. 2460
(6) Supervisors of elections shall work with the business 2461
and local community to develop public -private programs to ensure 2462
the recruitment of skilled absentee vote processing workers, 2463
inspectors, and clerks. 2464
(7) The Department of State shall develop a mandatory, 2465
statewide, and uniform program for training poll workers on 2466
issues of etiquette and sensitivity with respect to voters 2467
having a disability. The program must be conducted locally by 2468
each supervisor of elections, and each poll work er must complete 2469
the program before working during the current election cycle. 2470
The supervisor of elections shall contract with a recognized 2471
disability-related organization, such as a center for 2472
independent living, family network on disabilities, deaf servi ce 2473
bureau, or other such organization, to develop and assist with 2474
training the trainers in the disability sensitivity programs. 2475
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The program must include actual demonstrations of obstacles 2476
confronted by disabled persons during the voting process, 2477
including obtaining access to the polling place, traveling 2478
through the polling area, and using the voting system. 2479
Section 22. Subsections (3) through (11) of section 2480
102.141, Florida Statutes, are renumbered as subsections (5) 2481
through (13), respectively, new sub sections (3) and (4) are 2482
added to that section, and subsection (1), paragraph (a) of 2483
subsection (2), and present subsection (7) of that section are 2484
amended, to read: 2485
102.141 County canvassing board; duties. — 2486
(1) The county canvassing board shall be com posed of the 2487
supervisor of elections; a county court judge, who shall act as 2488
chair; and the chair of the board of county commissioners ; and 2489
two elected municipal officials. The elected municipal officials 2490
assigned to the canvassing board shall rotate among st the 2491
municipalities within the county so that the elected municipal 2492
official is different every election cycle. The canvassing board 2493
must have at least two members from each major political party . 2494
The names of the canvassing board members must be publish ed on 2495
the supervisor's website upon completion of the logic and 2496
accuracy test. At least two alternate canvassing board members 2497
must be appointed pursuant to paragraph (e). In the event any 2498
member of the county canvassing board is unable to serve, is a 2499
candidate who has opposition in the election being canvassed, or 2500
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is an active participant in the campaign or candidacy of any 2501
candidate who has opposition in the election being canvassed, 2502
such member shall be replaced as follows: 2503
(a) If a county court judge is unable to serve or if all 2504
are disqualified, the chief judge of the judicial circuit in 2505
which the county is located must appoint as a substitute member 2506
a qualified elector of the county who is not a candidate with 2507
opposition in the election being canvass ed and who is not an 2508
active participant in the campaign or candidacy of any candidate 2509
with opposition in the election being canvassed. In such event, 2510
the members of the county canvassing board shall meet and elect 2511
a chair. 2512
(b) If the supervisor of electi ons is unable to serve or 2513
is disqualified, the chair of the board of county commissioners 2514
must appoint as a substitute member a member of the board of 2515
county commissioners or a municipal official who is not a 2516
candidate with opposition in the election being canvassed and 2517
who is not an active participant in the campaign or candidacy of 2518
any candidate with opposition in the election being canvassed. 2519
The supervisor, however, shall act in an advisory capacity to 2520
the canvassing board. 2521
(c) If the chair of the boa rd of county commissioners is 2522
unable to serve or is disqualified, the board of county 2523
commissioners must appoint as a substitute member one of its 2524
members who is not a candidate with opposition in the election 2525
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being canvassed and who is not an active parti cipant in the 2526
campaign or candidacy of any candidate with opposition in the 2527
election being canvassed. 2528
(d) If a substitute member or alternate member cannot be 2529
appointed as provided elsewhere in this subsection, or in the 2530
event of a vacancy in such office , the chief judge of the 2531
judicial circuit in which the county is located must appoint as 2532
a substitute member or alternate member a qualified elector of 2533
the county who is not a candidate with opposition in the 2534
election being canvassed and who is not an acti ve participant in 2535
the campaign or candidacy of any candidate with opposition in 2536
the election being canvassed. 2537
(e)1. The chief judge of the judicial circuit in which the 2538
county is located shall appoint a county court judge as an 2539
alternate member of the co unty canvassing board or, if each 2540
county court judge is unable to serve or is disqualified, shall 2541
appoint an alternate member who is qualified to serve as a 2542
substitute member under paragraph (a). Any alternate may serve 2543
in any seat. 2544
2. The chair of the b oard of county commissioners shall 2545
appoint a member of the board of county commissioners as an 2546
alternate member of the county canvassing board or, if each 2547
member of the board of county commissioners is unable to serve 2548
or is disqualified, shall appoint an a lternate member who is 2549
qualified to serve as a substitute member under paragraph (d). 2550
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3. A quorum of at least three members of the county 2551
canvassing board is required for all signature and provisional 2552
ballot review proceedings. If a quorum cannot be esta blished a 2553
member of the county canvassing board is unable to participate 2554
in a meeting of the board , the chair of the county canvassing 2555
board or his or her designee must designate which alternate 2556
member will serve as a member of the board in the place of th e 2557
member who is unable to participate at that meeting. 2558
4. If not serving as one of the three members of the 2559
county canvassing board, an alternate member may be present, 2560
observe, and communicate with the three members constituting the 2561
county canvassing bo ard, but may not vote in the board's 2562
decisions or determinations. 2563
(2)(a) The county canvassing board shall meet in a 2564
building accessible to the public in the county where the 2565
election occurred at a time and place to be designated by the 2566
supervisor to publicly canvass the absent electors' ballots as 2567
provided for in s. 101.68 and provisional ballots as provided by 2568
ss. 101.048, 101.049, and 101.6925. During each meeting of the 2569
county canvassing board, each political party and each candidate 2570
may have one watcher able to view directly or on a display 2571
screen ballots being examined for signature matching and other 2572
processes. Each county canvassing board meeting must be 2573
monitored by real-time video available for public viewing, and 2574
meeting minutes for each meeting must be published on the 2575
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supervisor's website. Provisional ballots cast pursuant to s. 2576
101.049 shall be canvassed in a manner that votes for candidates 2577
and issues on those ballots can be segregated from other votes. 2578
As soon as the absent electors' ballots and the provisional 2579
ballots are canvassed, the board shall proceed to publicly 2580
canvass the vote given each candidate, nominee, constitutional 2581
amendment, or other measure submitted to the electorate of the 2582
county, as shown by the returns then on file in th e office of 2583
the supervisor. 2584
(3)(a) Each day during an election, the county canvassing 2585
board shall review all of the following reports: 2586
1. Exception reports on ballot chain of custody 2587
documentation, including missing quantities, seals, and 2588
excessive transport times. 2589
2. Daily precinct and vote -by-mail ballot reconciliation 2590
reports. 2591
3. Daily manual cross -check reports in accordance with s. 2592
101.015(7). 2593
4. Portable data storage device chain of custody reports. 2594
5. Physical building and ballot storage area exception 2595
reports. 2596
6. Observer, voter, and election worker reports on 2597
irregularities and written objections to the counting of ballots 2598
with chain of custody deficiencies. 2599
(b) Candidates and political parties may view vote -by-mail 2600
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chain of custody forms and file written objections before the 2601
processing of any such ballots. 2602
(c) Upon completing the review required under paragraph 2603
(a), the county canvassing board shall take corrective actions 2604
as necessary, including deciding the disposition of any ba llots 2605
under paragraph (b), and report to the department any issue that 2606
cannot be resolved. 2607
(4)(a) Before certifying an election, the county 2608
canvassing board shall review all of the following: 2609
1. The vote-by-mail reconciliation reports outlined in s 2610
101.015(4)(c). 2611
2. The ballot, envelope, and seal accounting report 2612
required under s. 101.21(2). 2613
3. Ballot chain of custody reports from precincts, 2614
including reports on the transport of vote -by-mail ballots to 2615
permanent storage. 2616
(b) Any discrepancies identified in the review must be 2617
reported to the department. If a discrepancy involves a number 2618
of ballots that exceeds the margin of victory in any local race, 2619
the race may not be certified unless the discrepancy is 2620
resolved. If the discrepancy is not res olved, the race must be 2621
deemed invalid and a special election must be held to fill the 2622
office in accordance with chapter 100. If the discrepancy is 2623
determined to be due to chain of custody mismanagement, the 2624
supervisor may be removed from office. 2625
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(9)(7) If the unofficial returns reflect that a candidate 2626
for any office was defeated or eliminated by one -half of a 2627
percent or less of the votes cast for such office, that a 2628
candidate for retention to a judicial office was retained or not 2629
retained by one-half of a percent or less of the votes cast on 2630
the question of retention, or that a measure appearing on the 2631
ballot was approved or rejected by one -half of a percent or less 2632
of the votes cast on such measure, a manual recount using 2633
original paper ballots and vote r certificate envelopes shall be 2634
ordered of the votes cast with respect to such office or 2635
measure. The Secretary of State is responsible for ordering 2636
recounts in federal, state, and multicounty races. The county 2637
canvassing board or the local board responsi ble for certifying 2638
the election is responsible for ordering recounts in all other 2639
races. A recount need not be ordered with respect to the returns 2640
for any office, however, if the candidate or candidates defeated 2641
or eliminated from contention for such offic e by one-half of a 2642
percent or less of the votes cast for such office request in 2643
writing that a recount not be made. 2644
(a) Each canvassing board responsible for conducting a 2645
recount shall oversee a manual recount using original hand -2646
marked paper ballots and voter certificate envelopes and 2647
determine whether the returns correctly reflect the votes cast. 2648
The recount must include undervotes, overvotes, and blank 2649
ballots put each marksense ballot through automatic tabulating 2650
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equipment and determine whether the re turns correctly reflect 2651
the votes cast. If any marksense ballot is physically damaged so 2652
that it cannot be properly counted by the automatic tabulating 2653
equipment during the recount, a true duplicate shall be made of 2654
the damaged ballot pursuant to the proce dures in s. 101.5614(4). 2655
Immediately before the start of the recount, a test of the 2656
tabulating equipment shall be conducted as provided in s. 2657
101.5612. If the test indicates no error, the recount tabulation 2658
of the ballots cast shall be presumed correct and such votes 2659
shall be canvassed accordingly. If an error is detected, the 2660
cause therefor shall be ascertained and corrected and the 2661
recount repeated, as necessary. The canvassing board shall 2662
immediately report the error, along with the cause of the error 2663
and the corrective measures being taken, to the Department of 2664
State. No later than 11 days after the election, the canvassing 2665
board shall file a separate incident report with the Department 2666
of State, detailing the resolution of the matter and identifying 2667
any measures that will avoid a future recurrence of the error. 2668
If the automatic tabulating equipment used in a recount is not 2669
part of the voting system and the ballots have already been 2670
processed through such equipment, the canvassing board is not 2671
required to put each ballot through any automatic tabulating 2672
equipment again. 2673
(b) Each canvassing board responsible for conducting a 2674
recount where touchscreen ballots were used shall manually 2675
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recount the paper output from each device examine the counters 2676
on the precinct tabulators to ensure that the total of the 2677
returns on the precinct tabulators equals the overall election 2678
return. If there is a discrepancy between the overall election 2679
return and the counters of the precinct tabulators, the counters 2680
of the precinct tabulators shall be presumed correct and such 2681
votes shall be canvassed accordingly . 2682
(c) The canvassing board shall submit on forms or in 2683
formats provided by the division a second set of unofficial 2684
returns to the Department of State for each federal, stat ewide, 2685
state, or multicounty office or ballot measure. The returns 2686
shall be filed no later than 3 p.m. on the 5th day after any 2687
primary election and no later than 3 p.m. on the 9th day after 2688
any general election in which a recount was ordered by the 2689
Secretary of State. If the canvassing board is unable to 2690
complete the recount prescribed in this subsection by the 2691
deadline, the second set of unofficial returns submitted by the 2692
canvassing board shall be identical to the initial unofficial 2693
returns and the submi ssion shall also include a detailed 2694
explanation of why it was unable to timely complete the recount. 2695
However, the canvassing board shall complete the recount 2696
prescribed in this subsection, along with any manual recount 2697
prescribed in s. 102.166, and certify election returns in 2698
accordance with the requirements of this chapter. 2699
(d) The Department of State shall adopt detailed rules 2700
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prescribing additional recount procedures for each certified 2701
voting system, which shall be uniform to the extent practicable. 2702
Section 23. Subsections (1) and (2) through (6) of section 2703
102.166, Florida Statutes, are redesignated as subsections (2) 2704
and (6) through (10), respectively, new subsections (1), (3), 2705
(4), and (5) are added to that section, and present subsections 2706
(1) and (5) of that section are amended, to read: 2707
102.166 Manual recounts of overvotes and undervotes. — 2708
(1) Notwithstanding any provision of this section to the 2709
contrary, if the first set of unofficial returns pursuant to s. 2710
102.141 indicates that a candidat e for any office was defeated 2711
or eliminated by 2 percent or less of the votes cast for such 2712
office, or if a candidate for retention to a judicial office was 2713
retained or not retained by 3 percent or less of the votes cast 2714
on the question of retention, the c andidate may request a full 2715
manual recount of the original hand -marked paper ballots cast in 2716
the entire geographic jurisdiction of such office in view of the 2717
public. Voting equipment, including tabulators, may not be used 2718
to sort or count ballots in the ma nual recount process. Ballot 2719
images may not be used as a substitute for the original hand -2720
marked paper ballots. Only original hand -marked ballots and 2721
paper output from voter interface devices may be used in the 2722
manual recount process. Candidates and candid ates' designees 2723
must immediately be provided all requested reports, chain of 2724
custody forms, data, and log files and any other requested 2725
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information from any system used during the election, including 2726
voting systems and other election systems. 2727
(2)(1) If the second set of unofficial returns pursuant to 2728
s. 102.141 indicates that a candidate for any office was 2729
defeated or eliminated by 1 one-quarter of a percent or less of 2730
the votes cast for such office, that a candidate for retention 2731
to a judicial office was retained or not retained by 1 one-2732
quarter of a percent or less of the votes cast on the question 2733
of retention, or that a measure appearing on the ballot was 2734
approved or rejected by one -quarter of a percent or less of the 2735
votes cast on such measure, a manu al recount of the overvotes 2736
and undervotes cast in the entire geographic jurisdiction of 2737
such office or ballot measure shall be ordered and conducted 2738
using original hand-marked ballots and paper output from voter 2739
interface devices in view of the public, unless: 2740
(a) The candidate or candidates defeated or eliminated 2741
from contention by one-quarter of 1 percent or less fewer of the 2742
votes cast for such office request in writing that a recount not 2743
be made; or 2744
(b) The number of overvotes and undervotes is few er than 2745
the number of votes needed to change the outcome of the 2746
election. 2747
2748
The Secretary of State is responsible for ordering a manual 2749
recount for federal, state, and multicounty races. The county 2750
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canvassing board or local board responsible for certifying the 2751
election is responsible for ordering a manual recount for all 2752
other races. A manual recount consists of a recount of marksense 2753
ballots or of digital images of those ballots by a person. 2754
(3) Notwithstanding any provision of this section to the 2755
contrary, if a measure appearing on the ballot was approved or 2756
rejected by 2 percent or less of the votes cast on such measure, 2757
the Secretary of State or a county canvassing board or local 2758
board responsible for certifying the election in a county that 2759
is in the geographic jurisdiction of such measure may request a 2760
full manual recount of the original hand -marked paper ballots 2761
cast in the entire geographic jurisdiction of such ballot 2762
measure in view of the public. Voting equipment, including 2763
tabulators, may not be u sed to sort or count ballots in the 2764
manual recount process. Ballot images may not be used as a 2765
substitute for the original hand -marked paper ballots. Only 2766
original hand-marked paper ballots may be used in the manual 2767
recount process. The Secretary of State or the county canvassing 2768
board or local board must immediately be provided all requested 2769
reports, chain of custody forms, data, and log files and any 2770
other requested information from any equipment used during the 2771
election, including voting systems and othe r election systems. 2772
(4) Notwithstanding any provision of this section to the 2773
contrary, upon delivery of a petition signed by at least 5 2774
percent of county voters, a comprehensive audit must be 2775
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conducted and include all paper ballots, vote -by-mail voter 2776
certificate envelopes, digital ballots, digital signatures in 2777
voter roll file alongside the corresponding digital signatures 2778
of vote-by-mail voter certificate envelopes, voter rolls, and 2779
other equipment used in the given precinct election being 2780
audited. The auditors for such audit must be chosen by the 2781
petitioning voters, and the audit must be completed in view of 2782
the public. 2783
(a) If the electors' petition concerns a single race, a 2784
manual audit must consist of a public manual tally of the votes 2785
cast in that race appearing on the ballot. The tally sheet must 2786
include election day, vote -by-mail, early voting, provisional, 2787
and overseas paper ballots. In addition, the audit must include 2788
data collection and signature comparison, whether in paper or 2789
electronic form, of all vote-by-mail voter certificate 2790
envelopes; paper ballots; signatures, including all signatures 2791
in voter registration files; voter roll files; and other 2792
equipment used in the voting district being audited. 2793
(b) If the electors' petition concerns the votes cast 2794
across every race that appears on the ballot, a manual audit of 2795
the votes cast across every race appearing on the ballot must be 2796
conducted. The tally sheet must include election day, vote -by-2797
mail, early voting, provisional, and overseas paper b allots. In 2798
addition, the audit must include data collection and signature 2799
comparison, whether in paper or electronic form, of all vote -by-2800
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mail voter certificate envelopes; ballots; signatures, including 2801
all signatures in voter registration files; voter rol l files; 2802
and other equipment used in the voting district being audited. 2803
(5) Notwithstanding any provision of this section to the 2804
contrary, if there is a discrepancy of more than the margin of 2805
victory in any race on the ballot reconciliation report, a 2806
manual audit of original ballots, voter certificate envelopes, 2807
and chain of custody forms must be completed for that race, 2808
including all paper ballots, vote -by-mail voter certificate 2809
envelopes, digital ballots, digital signatures in voter roll 2810
files alongside the corresponding digital signatures of the 2811
vote-by-mail voter certificate envelopes, voter rolls, and other 2812
equipment used in the given precinct election being audited. The 2813
auditors for such audit must be chosen by the Division of 2814
Elections, and the audi t must be completed in view of the 2815
public. 2816
(9)(5) Procedures for a manual recount are as follows: 2817
(a) The county canvassing board shall appoint as many 2818
counting teams of at least two electors as is necessary to 2819
manually recount the ballots. A counting team must have, when 2820
possible, members of at least two political parties. A candidate 2821
involved in the race shall not be a member of the counting team. 2822
(b) Each duplicate ballot prepared pursuant to s. 2823
101.5614(4) or s. 102.141(9) s. 102.141(7) shall be compared 2824
with the original ballot to ensure the correctness of the 2825
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duplicate. 2826
(c) If a counting team is unable to determine whether the 2827
ballot contains a clear indication that the voter has made a 2828
definite choice, the ballot shall be presented to the coun ty 2829
canvassing board for a determination. 2830
(d) The Department of State shall adopt detailed rules 2831
prescribing additional recount procedures for each certified 2832
voting system which shall be uniform to the extent practicable. 2833
The rules shall address, at a min imum, the following areas: 2834
1. Security of ballots during the recount process; 2835
2. Time and place of recounts; 2836
3. Public observance of recounts; 2837
4. Objections to ballot determinations; 2838
5. Record of recount proceedings; 2839
6. Procedures relating to candidate and petitioner 2840
representatives; and 2841
7. Procedures relating to the certification and the use of 2842
automatic tabulating equipment that is not part of a voting 2843
system. 2844
Section 24. Section 104.21, Florida Statutes, is amended 2845
to read: 2846
104.21 Changing electors' ballots or voter certificate 2847
envelopes.— 2848
(1) Whoever fraudulently changes or attempts to change the 2849
vote or ballot of any elector, by which actions such elector is 2850
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prevented from voting such ballot or from voting such ballot as 2851
the elector intended, is guilty of a felony of the third degree, 2852
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2853
(2) An election worker who changes any information or 2854
marking on a voter certificate envelope in an attempt to cure an 2855
envelope deficiency commits a misdemeanor of the second degree, 2856
punishable as provided in s. 775.082 or s. 775.083. 2857
Section 25. Section 104.291, Florida Statutes, is created 2858
to read: 2859
104.291 False representation of poll watcher 2860
identification.—A poll watcher who w ears a poll watcher 2861
identification badge that belongs to another person commits a 2862
misdemeanor of the second degree, punishable as provided in s. 2863
775.082 or s. 775.083. 2864
Section 26. Section 104.30, Florida Statutes, is amended 2865
to read: 2866
104.30 Voting system; unlawful possession; tampering. — 2867
(1) Any unauthorized person who unlawfully has possession 2868
of any voting system, components, or key thereof commits is 2869
guilty of a misdemeanor of the first degree, punishable as 2870
provided in s. 775.082 or s. 775.083. 2871
(2) Any person who tampers or attempts to tamper with or 2872
destroy any voting system or equipment with the intention of 2873
interfering with the election process or the results thereof 2874
commits is guilty of a felony of the third degree, punishable as 2875
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provided in s. 775.082, s. 775.083, or s. 775.084. 2876
(3) Any person who without lawful authorization prints a 2877
ballot or voter certificate envelope that appears to be a valid 2878
ballot or voter certificate envelope in this state commits a 2879
felony of the third degree, pun ishable as provided in s. 2880
775.082, s. 775.083, or s. 775.084. 2881
Section 27. This act shall take effect July 1, 2025. 2882