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10 | 10 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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13 | 13 | | |
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14 | 14 | | A bill to be entitled 1 |
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15 | 15 | | An act relating to elections impacted by emergencies; 2 |
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16 | 16 | | providing a short title; amending s. 101.733, F.S.; 3 |
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17 | 17 | | requiring notice of certain delayed or suspended 4 |
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18 | 18 | | elections to be published on the website of an 5 |
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19 | 19 | | affected municipality; requiring affected Supervisors 6 |
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20 | 20 | | of Elections to notify voters of a delay ed or 7 |
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21 | 21 | | suspended election through any available and regular 8 |
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22 | 22 | | means of communication; providing that an elections 9 |
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23 | 23 | | emergency contingency plan is a public record and must 10 |
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24 | 24 | | be presented to the Legislature in certain years; 11 |
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25 | 25 | | requiring the Secretary of State to proa ctively 12 |
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26 | 26 | | consult with specified entities to ensure all voters 13 |
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27 | 27 | | are able to participate in an election affected by an 14 |
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28 | 28 | | emergency; providing rights each voter has with 15 |
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29 | 29 | | respect to participating in an election in a county 16 |
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30 | 30 | | that has been designated as being in a st ate of 17 |
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31 | 31 | | emergency or eligible for individual or public 18 |
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32 | 32 | | assistance from the Federal Emergency Management 19 |
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33 | 33 | | Agency (FEMA); requiring the Division of Elections to 20 |
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34 | 34 | | take certain actions if an election is scheduled 21 |
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35 | 35 | | within a certain timeframe after a county has been 22 |
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36 | 36 | | designated as being in a state of emergency or 23 |
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37 | 37 | | eligible for individual or public assistance from 24 |
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38 | 38 | | FEMA; requiring the Division of Elections to maintain 25 |
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40 | 40 | | HB 1317 2025 |
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46 | 46 | | Page 2 of 18 |
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47 | 47 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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48 | 48 | | |
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51 | 51 | | a certain number of strategic elections equipment 26 |
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52 | 52 | | reserves in certain areas of this state; authorizing 27 |
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53 | 53 | | the division to contract with state -approved vendors 28 |
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54 | 54 | | for the provision of such reserve equipment; requiring 29 |
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55 | 55 | | certain equipment be included in the reserve 30 |
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56 | 56 | | equipment; requiring election officials to take 31 |
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57 | 57 | | certain actions if a county has been designated as 32 |
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58 | 58 | | being in a state of emergency or eligible for 33 |
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59 | 59 | | individual or public assistance from FEMA; requiring 34 |
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60 | 60 | | counties and municipalities affected by an emergency 35 |
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61 | 61 | | to provide specified information on their websites; 36 |
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62 | 62 | | specifying that certain criminal penalties do not 37 |
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63 | 63 | | apply if a county has been designated as being in a 38 |
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64 | 64 | | state of emergency or eligible for individual or 39 |
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65 | 65 | | public assistance from FEMA; providing applicability; 40 |
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66 | 66 | | amending s. 101.62, F.S.; prohibiting a Supervisor of 41 |
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67 | 67 | | Elections from requiring certain voters to use a 42 |
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68 | 68 | | uniform statewide application for a vote -by-mail 43 |
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69 | 69 | | ballot; amending ss. 101.657, 102.141, and 104.0616, 44 |
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70 | 70 | | F.S.; conforming provisions to changes made by the 45 |
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71 | 71 | | act; providing an effective date. 46 |
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72 | 72 | | 47 |
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73 | 73 | | Be It Enacted by the Legislature of the State of Florida: 48 |
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74 | 74 | | 49 |
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75 | 75 | | Section 1. This act may be cited as the "Disaster -Affected 50 |
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76 | 76 | | |
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77 | 77 | | HB 1317 2025 |
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83 | 83 | | Page 3 of 18 |
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84 | 84 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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85 | 85 | | |
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87 | 87 | | |
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88 | 88 | | Voter Bill of Rights." 51 |
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89 | 89 | | Section 2. Subsections (2) and (3) of section 101.733, 52 |
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90 | 90 | | Florida Statutes, are amended, and subsections (4) through (8) 53 |
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91 | 91 | | are added to that section, to read: 54 |
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92 | 92 | | 101.733 Election eme rgency; purpose; elections emergency 55 |
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93 | 93 | | contingency plan; voter protections.—Because of the existing and 56 |
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94 | 94 | | continuing possibility of an emergency or common disaster 57 |
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95 | 95 | | occurring before or during a regularly scheduled or special 58 |
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96 | 96 | | election, and in order to ensure max imum citizen participation 59 |
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97 | 97 | | in the electoral process and provide a safe and orderly 60 |
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98 | 98 | | procedure for persons seeking to exercise their right to vote, 61 |
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99 | 99 | | generally to minimize to whatever degree possible a person's 62 |
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100 | 100 | | exposure to danger during declared states of emer gency, and to 63 |
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101 | 101 | | protect the integrity of the electoral process, it is hereby 64 |
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102 | 102 | | found and declared to be necessary to designate a procedure for 65 |
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103 | 103 | | the emergency suspension or delay and rescheduling of elections. 66 |
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104 | 104 | | (2) The Governor, upon consultation with the Secre tary of 67 |
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105 | 105 | | State, shall reschedule any election suspended or delayed due to 68 |
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106 | 106 | | an emergency. The election shall be held within 10 days after 69 |
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107 | 107 | | the date of the suspended or delayed election or as soon 70 |
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108 | 108 | | thereafter as is practicable. Notice of the election must be 71 |
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109 | 109 | | published on the affected county's website as provided in s. 72 |
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110 | 110 | | 50.0311, on the affected municipality's website for municipal 73 |
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111 | 111 | | elections, on the affected supervisor's website, or at least 74 |
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112 | 112 | | once in a newspaper of general circulation in the affected area , 75 |
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121 | 121 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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125 | 125 | | and, where practicable, broadcast as a public service 76 |
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126 | 126 | | announcement on radio and television stations at least 1 week 77 |
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127 | 127 | | before the date the election is to be held. The affected 78 |
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128 | 128 | | supervisor must also notify voters in his or her county through 79 |
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129 | 129 | | any other available and regul arly used means of communication, 80 |
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130 | 130 | | including social media, e -mail, telephone, and text message. 81 |
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131 | 131 | | (3) The Division of Elections of the Department of State 82 |
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132 | 132 | | shall adopt, by rule, an elections emergency contingency plan, 83 |
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133 | 133 | | which shall contain goals and policies that give specific 84 |
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134 | 134 | | direction to state and local elections officials when an 85 |
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135 | 135 | | election has been suspended or delayed due to an emergency. The 86 |
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136 | 136 | | contingency plan is a public record and must be presented to the 87 |
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137 | 137 | | Legislature each year in which federal or state ele ctions are 88 |
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138 | 138 | | being conducted. The contingency plan must shall be statewide in 89 |
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139 | 139 | | scope and shall address, but not be limited to, the following 90 |
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140 | 140 | | concerns: 91 |
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141 | 141 | | (a) Providing a procedure for state and local elections 92 |
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142 | 142 | | officials to follow when an election has been susp ended or 93 |
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143 | 143 | | delayed to ensure notice of the suspension or delay to the 94 |
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144 | 144 | | proper authorities, the electorate, the communications media, 95 |
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145 | 145 | | poll workers, and the custodians of polling places. 96 |
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146 | 146 | | (b) Providing a procedure for the orderly conduct of a 97 |
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147 | 147 | | rescheduled election, whether municipal, county, district, or 98 |
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148 | 148 | | statewide in scope; coordinating those efforts with the 99 |
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149 | 149 | | appropriate elections official, and the members of the governing 100 |
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158 | 158 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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159 | 159 | | |
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160 | 160 | | |
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161 | 161 | | |
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162 | 162 | | body holding such election, if appropriate; and working with the 101 |
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163 | 163 | | appropriate emergency man agement officials in determining the 102 |
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164 | 164 | | safety of existing polling places or designating additional 103 |
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165 | 165 | | polling places. 104 |
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166 | 166 | | (c) Providing a procedure for the release and 105 |
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167 | 167 | | certification of election returns to the department for 106 |
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168 | 168 | | elections suspended or delayed and subs equently rescheduled 107 |
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169 | 169 | | under the provisions of ss. 101.731 -101.74. 108 |
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170 | 170 | | (4) To ensure that all voters are able to participate in 109 |
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171 | 171 | | an election, the Secretary of State shall consider the 110 |
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172 | 172 | | emergency's impact on housing, transportation, utilities, 111 |
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173 | 173 | | Internet access, the United States Postal Service, and 112 |
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174 | 174 | | accessibility needs, and proactively consult with the county 113 |
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175 | 175 | | Supervisors of Elections as well as county emergency management 114 |
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176 | 176 | | agencies, relevant county public services and utilities, social 115 |
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177 | 177 | | services, and community -based nongovernmental organizations in 116 |
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178 | 178 | | the affected jurisdictions. At a minimum, in any county that is 117 |
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179 | 179 | | designated by the Federal Emergency Management Agency as 118 |
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180 | 180 | | eligible for individual or public assistance or designated as 119 |
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181 | 181 | | being in a state of emergency as declared by executive order or 120 |
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182 | 182 | | proclamation issued by the Governor, a voter has the right to: 121 |
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183 | 183 | | (a) Request, through telephonic means, in writing, or by 122 |
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184 | 184 | | e-mail, a vote-by-mail ballot to be mailed to an address other 123 |
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185 | 185 | | than the voter's address on file in the Florida Voter 124 |
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186 | 186 | | Registration System without requiring the voter to complete the 125 |
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195 | 195 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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196 | 196 | | |
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197 | 197 | | |
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198 | 198 | | |
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199 | 199 | | standard vote-by-mail request form. 126 |
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200 | 200 | | (b) Have the voter's vote -by-mail ballot sent by 127 |
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201 | 201 | | forwardable mail so a displaced voter who has provided a 128 |
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202 | 202 | | forwarding address to the United States Po stal Service does not 129 |
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203 | 203 | | need to request a new ballot. 130 |
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204 | 204 | | (c) Return the voter's completed vote -by-mail ballot to 131 |
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205 | 205 | | the Supervisor of Elections in any county and have such 132 |
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206 | 206 | | supervisor forward the ballot to the elections office in the 133 |
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207 | 207 | | appropriate county. 134 |
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208 | 208 | | (d) Drop the voter's completed vote -by-mail ballot off at 135 |
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209 | 209 | | any polling place or election office on the day of the election. 136 |
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210 | 210 | | (e) Request a vote-by-mail ballot be mailed to the voter 137 |
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211 | 211 | | 10 days before election day and request that his or her vote -by-138 |
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212 | 212 | | mail ballot be picked up during the early voting period without 139 |
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213 | 213 | | the need for an emergency excuse. 140 |
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214 | 214 | | (f) Have the voter's vote -by-mail ballot counted as long 141 |
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215 | 215 | | as it is postmarked before or on the election day and received 142 |
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216 | 216 | | by the Supervisor of Elections within 2 days after election day. 143 |
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217 | 217 | | (g) Cure any issues with the voter's signature on the 144 |
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218 | 218 | | vote-by-mail ballot by 5 p.m. on the 4th day after the election. 145 |
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219 | 219 | | (h) Obtain accurate and timely information about disaster -146 |
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220 | 220 | | related changes to the voter's voting options on a clearly a nd 147 |
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221 | 221 | | prominently designated page on the Supervisor of Election's 148 |
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222 | 222 | | website and on the appropriate municipal or county website for 149 |
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223 | 223 | | municipal or county elections. 150 |
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232 | 232 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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233 | 233 | | |
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235 | 235 | | |
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236 | 236 | | (5) At a minimum, if a county is designated by the Federal 151 |
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237 | 237 | | Emergency Management Agency as eligibl e for public or individual 152 |
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238 | 238 | | assistance or as being in a state of emergency as declared by 153 |
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239 | 239 | | executive order or proclamation issued by the Governor, and 154 |
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240 | 240 | | there is a regularly scheduled or special election in that 155 |
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241 | 241 | | county within 90 days after such designation, th e Division of 156 |
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242 | 242 | | Elections must: 157 |
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243 | 243 | | (a) Create a page on the division's website that provides 158 |
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244 | 244 | | a statewide phone number or online request form that voters 159 |
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245 | 245 | | registered in any affected county can use to request a vote -by-160 |
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246 | 246 | | mail ballot. 161 |
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247 | 247 | | (b) Provide emergency fundin g, if necessary, to ensure all 162 |
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248 | 248 | | affected counties can pay for: 163 |
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249 | 249 | | 1. Return paid postage for vote -by-mail ballots. 164 |
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250 | 250 | | 2. Voter education about the changes to the voting 165 |
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251 | 251 | | processes and locations. 166 |
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252 | 252 | | 3. Additional early voting sites, secure ballot intake 167 |
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253 | 253 | | stations, and related staffing. 168 |
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254 | 254 | | 4. Additional costs for extended early voting hours. 169 |
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255 | 255 | | (c) Extend early voting hours in affected counties from 8 170 |
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256 | 256 | | hours to 12 hours per day throughout the early voting period. 171 |
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257 | 257 | | (d) Extend relevant election deadlines to accommodate 172 |
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258 | 258 | | extended timeframes to return ballots and cure any ballot 173 |
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259 | 259 | | deficiencies. 174 |
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260 | 260 | | (e) Update all emergency response websites this state may 175 |
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269 | 269 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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273 | 273 | | operate, including the Division of Elections and the Division of 176 |
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274 | 274 | | Emergency Management websites, to prominently include 177 |
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275 | 275 | | information regarding the changes to the voting procedures or 178 |
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276 | 276 | | voter locations in affected counties. Such information must be 179 |
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277 | 277 | | user-friendly, written in plain language, publicly promoted, 180 |
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278 | 278 | | updated in real-time, and remain on such websites through 181 |
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279 | 279 | | election day. All of the following information must be included 182 |
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280 | 280 | | on such websites: 183 |
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281 | 281 | | 1. How voters in affected counties can vote by mail, 184 |
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282 | 282 | | including: 185 |
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283 | 283 | | a. How voters can obtain and cast a vote -by-mail ballot if 186 |
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284 | 284 | | they cannot access their mailing address. 187 |
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285 | 285 | | b. How voters can o btain and cast a vote -by-mail ballot if 188 |
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286 | 286 | | they have already requested a vote -by-mail ballot but cannot 189 |
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287 | 287 | | locate it. 190 |
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288 | 288 | | c. How voters can verify if a vote -by-mail ballot they 191 |
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289 | 289 | | already mailed was received and what actions they can take if 192 |
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290 | 290 | | their vote-by-mail ballot was lost or destroyed. 193 |
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291 | 291 | | 2. The dates, hours, and locations voters can drop off 194 |
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292 | 292 | | their vote-by-mail ballots at secure ballot intake stations in 195 |
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293 | 293 | | affected counties. 196 |
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294 | 294 | | 3. The days and hours during which the Supervisor of 197 |
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295 | 295 | | Elections' offices that are located in the affected counties 198 |
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296 | 296 | | will be open and fully functional and, at a minimum, the phone 199 |
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297 | 297 | | number and e-mail address for the Supervisor of Elections in 200 |
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306 | 306 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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309 | 309 | | |
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310 | 310 | | such affected counties. Any information that has changed because 201 |
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311 | 311 | | of the emergency must be highlighted. 202 |
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312 | 312 | | 4. The dates, hours, and locations for early voting in 203 |
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313 | 313 | | affected counties. Any information that has changed because of 204 |
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314 | 314 | | the emergency must be highlighted. 205 |
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315 | 315 | | 5. The list of acceptable forms of voter identification 206 |
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316 | 316 | | and information on how to obtain a new Florida driver license or 207 |
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317 | 317 | | state identification card for voters who may have lost such 208 |
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318 | 318 | | documentation due to the emergency. 209 |
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319 | 319 | | 6. How to vote in person at early voting sites dur ing the 210 |
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320 | 320 | | early voting period and, if relevant, on election day, including 211 |
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321 | 321 | | whether displaced voters can vote at these locations if outside 212 |
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322 | 322 | | of their precinct. 213 |
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323 | 323 | | (f) Instruct supervisors in affected counties to update 214 |
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324 | 324 | | their websites and social media pages regu larly through election 215 |
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325 | 325 | | day to prominently display information about all changes to 216 |
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326 | 326 | | election procedures and voting locations. 217 |
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327 | 327 | | (g) Provide prominent links to relevant voting and 218 |
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328 | 328 | | election information on the websites for the affected counties 219 |
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329 | 329 | | or municipalities, the affected county's Supervisor of Elections 220 |
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330 | 330 | | website, and on both the Division of Elections and Division of 221 |
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331 | 331 | | Emergency Management websites. 222 |
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332 | 332 | | (6) The Division of Elections must maintain at least three 223 |
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333 | 333 | | strategic elections equipment reserves of voting sy stems, with 224 |
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334 | 334 | | one located in the northern part of this state, one in the 225 |
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343 | 343 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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346 | 346 | | |
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347 | 347 | | central part of this state, and one in the southern part of this 226 |
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348 | 348 | | state. In lieu of maintaining a physical reserve of such 227 |
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349 | 349 | | equipment, the division may contract with state -approved vendors 228 |
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350 | 350 | | of voting equipment to provide such equipment on an emergency 229 |
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351 | 351 | | as-needed basis. These reserves must be deployed to provide 230 |
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352 | 352 | | affected counties with additional or replacement equipment 231 |
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353 | 353 | | necessary to ensure adequate execution of elections in the 232 |
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354 | 354 | | aftermath of an emergency. The reserves must include tabulation 233 |
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355 | 355 | | equipment and any other necessary equipment, including ballot 234 |
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356 | 356 | | on-demand printers or other printers used by each supervisor of 235 |
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357 | 357 | | elections, accessible voting equipment, electronic poll books, 236 |
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358 | 358 | | uninterrupted power supplies, generators, cabling, and power 237 |
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359 | 359 | | cords. 238 |
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360 | 360 | | (7) At a minimum, in a county that is designated by the 239 |
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361 | 361 | | Federal Emergency Management Agency as eligible for public or 240 |
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362 | 362 | | individual assistance or as being in a state of emergency as 241 |
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363 | 363 | | declared by executive or der or proclamation issued by the 242 |
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364 | 364 | | Governor, election officials may: 243 |
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365 | 365 | | (a) Conduct early voting every day beginning 15 days 244 |
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366 | 366 | | before the election through election day. 245 |
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367 | 367 | | (b) Designate up to three early voting sites that are not 246 |
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368 | 368 | | otherwise eligible early voting locations as long as they are 247 |
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369 | 369 | | geographically located, to the extent practicable, to provide 248 |
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370 | 370 | | all voters in the affected area with an equal opportunity to 249 |
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371 | 371 | | cast a ballot and provide sufficient nonpermitted parking to 250 |
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381 | 381 | | |
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383 | 383 | | |
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384 | 384 | | accommodate the anticipated number of voters. 251 |
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385 | 385 | | (c) Use mobile polling locations. 252 |
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386 | 386 | | (d) Expand the use of secure ballot intake stations by 253 |
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387 | 387 | | allowing voters to drop their ballots off at all polling places 254 |
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388 | 388 | | and election offices on election day and allow affected counties 255 |
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389 | 389 | | to offer secure ballot intake stations beyond the hours that 256 |
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390 | 390 | | sites are normally open during early voting. 257 |
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391 | 391 | | (e) Forward any paper vote -by-mail request that was 258 |
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392 | 392 | | submitted by a voter registered in another county to the 259 |
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393 | 393 | | elections office in the appropriate county. 260 |
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394 | 394 | | (f) Extend the deadline to cure vote -by-mail ballots to 5 261 |
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395 | 395 | | p.m. on the 4th day after election day. 262 |
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396 | 396 | | (g) Offer early voting through election day so that all 263 |
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397 | 397 | | voters registered in a county ma y vote county-wide on election 264 |
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398 | 398 | | day. 265 |
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399 | 399 | | (h) If the emergency impacts post offices, hold local 266 |
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400 | 400 | | ballots at the Supervisor of Elections' office and notify voters 267 |
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401 | 401 | | by all available means that such action is happening. 268 |
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402 | 402 | | (i) Receive supplies and equipment shared b y other 269 |
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403 | 403 | | counties and access supplies and equipment from this state's 270 |
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404 | 404 | | emergency equipment warehouses. 271 |
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405 | 405 | | (8) Counties and municipalities affected by an emergency 272 |
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406 | 406 | | must update their websites to prominently include information 273 |
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407 | 407 | | regarding changes to voting dates, procedures, and locations, 274 |
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408 | 408 | | and include links to the county Supervisor of Elections' website 275 |
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417 | 417 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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418 | 418 | | |
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419 | 419 | | |
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420 | 420 | | |
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421 | 421 | | that contains election information relating to the emergency. 276 |
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422 | 422 | | (9) In a county that is designated by the Federal 277 |
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423 | 423 | | Emergency Management Agency as eligible for publi c or individual 278 |
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424 | 424 | | assistance, or as being in a state of emergency as declared by 279 |
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425 | 425 | | executive order or proclamation issued by the Governor, the 280 |
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426 | 426 | | criminal penalties in s. 104.0616(2) do not apply in order to 281 |
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427 | 427 | | facilitate voters who require assistance in casting the ir vote-282 |
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428 | 428 | | by-mail ballot in the aftermath of an emergency. This subsection 283 |
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429 | 429 | | applies only if the secure ballot intake stations are 284 |
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430 | 430 | | continuously monitored in person by an employee of the 285 |
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431 | 431 | | supervisor's office in accordance with s. 101.69(2)(a). 286 |
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432 | 432 | | Section 3. Paragraphs (a) and (b) of subsection (1) of 287 |
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433 | 433 | | section 101.62, Florida Statutes, are amended to read: 288 |
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434 | 434 | | 101.62 Request for vote -by-mail ballots.— 289 |
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435 | 435 | | (1) REQUEST.— 290 |
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436 | 436 | | (a) The supervisor shall accept a request for a vote -by-291 |
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437 | 437 | | mail ballot only from a voter or, if direc tly instructed by the 292 |
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438 | 438 | | voter, a member of the voter's immediate family or the voter's 293 |
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439 | 439 | | legal guardian. A request may be made in person, in writing, by 294 |
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440 | 440 | | telephone, or through the supervisor's website. The department 295 |
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441 | 441 | | shall prescribe by rule by October 1, 2023, a uniform statewide 296 |
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442 | 442 | | application to make a written request for a vote -by-mail ballot 297 |
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443 | 443 | | which includes fields for all information required in this 298 |
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444 | 444 | | subsection. A supervisor may not require voters located in a 299 |
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445 | 445 | | county that is affected by an emergency, as defined in s. 300 |
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454 | 454 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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455 | 455 | | |
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456 | 456 | | |
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457 | 457 | | |
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458 | 458 | | 101.732, to use the uniform statewide application. One request 301 |
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459 | 459 | | is deemed sufficient to receive a vote -by-mail ballot for all 302 |
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460 | 460 | | elections through the end of the calendar year of the next 303 |
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461 | 461 | | regularly scheduled general election, unless the voter or the 304 |
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462 | 462 | | voter's designee indicates at the time the request is made the 305 |
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463 | 463 | | elections within such period for which the voter desires to 306 |
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464 | 464 | | receive a vote-by-mail ballot. The supervisor must cancel a 307 |
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465 | 465 | | request for a vote-by-mail ballot when any first -class mail or 308 |
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466 | 466 | | nonforwardable mail sent by the supervisor to the voter is 309 |
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467 | 467 | | returned as undeliverable. If the voter requests a vote -by-mail 310 |
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468 | 468 | | ballot thereafter, the voter must provide or confirm his or her 311 |
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469 | 469 | | current residential address. 312 |
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470 | 470 | | (b) The supervisor may accept a request for a vote -by-mail 313 |
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471 | 471 | | ballot to be mailed to a voter's address on file in the Florida 314 |
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472 | 472 | | Voter Registration System from the voter, or, if directly 315 |
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473 | 473 | | instructed by the voter, a member of the voter's immediate 316 |
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474 | 474 | | family or the voter's legal guardian. If an in -person or a 317 |
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475 | 475 | | telephonic request is made, the voter must provide the voter's 318 |
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476 | 476 | | Florida driver license number, the voter's Florida 319 |
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477 | 477 | | identification card number, or the last four digits of the 320 |
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478 | 478 | | voter's social security number, whichever may be verified in the 321 |
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479 | 479 | | supervisor's records. If th e ballot is requested to be mailed to 322 |
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480 | 480 | | an address other than the voter's address on file in the Florida 323 |
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481 | 481 | | Voter Registration System, the request must be made in writing 324 |
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482 | 482 | | except as provided in s. 101.733(4) . A written request must be 325 |
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491 | 491 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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492 | 492 | | |
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493 | 493 | | |
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494 | 494 | | |
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495 | 495 | | signed by the voter and inc lude the voter's Florida driver 326 |
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496 | 496 | | license number, the voter's Florida identification card number, 327 |
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497 | 497 | | or the last four digits of the voter's social security number. 328 |
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498 | 498 | | However, an absent uniformed services voter or an overseas voter 329 |
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499 | 499 | | seeking a vote-by-mail ballot is not required to submit a 330 |
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500 | 500 | | signed, written request for a vote -by-mail ballot that is being 331 |
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501 | 501 | | mailed to an address other than the voter's address on file in 332 |
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502 | 502 | | the Florida Voter Registration System. The person making the 333 |
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503 | 503 | | request must disclose: 334 |
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504 | 504 | | 1. The name of the voter for whom the ballot is requested. 335 |
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505 | 505 | | 2. The voter's address. 336 |
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506 | 506 | | 3. The voter's date of birth. 337 |
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507 | 507 | | 4. The voter's Florida driver license number, the voter's 338 |
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508 | 508 | | Florida identification card number, or the last four digits of 339 |
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509 | 509 | | the voter's social security numbe r, whichever may be verified in 340 |
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510 | 510 | | the supervisor's records. If the voter's registration record 341 |
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511 | 511 | | does not already include the voter's Florida driver license 342 |
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512 | 512 | | number or Florida identification card number or the last four 343 |
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513 | 513 | | digits of the voter's social security num ber, the number 344 |
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514 | 514 | | provided must be recorded in the voter's registration record. 345 |
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515 | 515 | | 5. The requester's name. 346 |
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516 | 516 | | 6. The requester's address. 347 |
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517 | 517 | | 7. The requester's driver license number, the requester's 348 |
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518 | 518 | | identification card number, or the last four digits of the 349 |
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519 | 519 | | requester's social security number, if available. 350 |
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528 | 528 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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529 | 529 | | |
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530 | 530 | | |
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531 | 531 | | |
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532 | 532 | | 8. The requester's relationship to the voter. 351 |
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533 | 533 | | 9. The requester's signature (written requests only). 352 |
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534 | 534 | | Section 4. Paragraphs (a), (b), and (d) of subsection (1) 353 |
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535 | 535 | | of section 101.657, Florida Statutes, are amended to read: 354 |
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536 | 536 | | 101.657 Early voting. — 355 |
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537 | 537 | | (1)(a) As a convenience to the voter, the supervisor of 356 |
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538 | 538 | | elections shall allow an elector to vote early in the main or 357 |
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539 | 539 | | branch office of the supervisor. The supervisor shall mark, 358 |
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540 | 540 | | code, indicate on, or otherwise tr ack the voter's precinct for 359 |
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541 | 541 | | each early voted ballot. In order for a branch office to be used 360 |
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542 | 542 | | for early voting, it must shall be a permanent facility of the 361 |
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543 | 543 | | supervisor and shall have been designated and used as such for 362 |
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544 | 544 | | at least 1 year before prior to the election. The supervisor may 363 |
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545 | 545 | | also designate any city hall, permanent public library facility, 364 |
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546 | 546 | | fairground, civic center, courthouse, county commission 365 |
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547 | 547 | | building, stadium, convention center, government -owned senior 366 |
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548 | 548 | | center, or government -owned community center as an early voting 367 |
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549 | 549 | | site; however, if so designated, the sites must be 368 |
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550 | 550 | | geographically located so as to provide all voters in the county 369 |
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551 | 551 | | an equal opportunity to cast a ballot, insofar as is 370 |
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552 | 552 | | practicable, and must provide sufficient nonpermitted parking to 371 |
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553 | 553 | | accommodate the anticipated amount of voters. In addition, a 372 |
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554 | 554 | | supervisor may designate one early voting site per election in 373 |
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555 | 555 | | an area of the county that does not have any of the eligible 374 |
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556 | 556 | | early voting locations and, in accordance with s. 101.733, may 375 |
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565 | 565 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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566 | 566 | | |
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567 | 567 | | |
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568 | 568 | | |
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569 | 569 | | designate early voting sites at locations that are otherwise 376 |
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570 | 570 | | ineligible to be used for early voting . Such additional early 377 |
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571 | 571 | | voting site must be geographically located so as to provide all 378 |
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572 | 572 | | voters in that area with an equal opportunity to cast a ballot, 379 |
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573 | 573 | | insofar as is practicable, and must provide sufficient 380 |
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574 | 574 | | nonpermitted parking to accommodate the anticipated amount of 381 |
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575 | 575 | | voters. Each county shall, at a minimum, operate the same total 382 |
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576 | 576 | | number of early voting sites for a general election which the 383 |
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577 | 577 | | county operated for the 2012 general election. The results or 384 |
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578 | 578 | | tabulation of votes cast during early voting may not be made 385 |
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579 | 579 | | before the close of the polls on election day. Results shall be 386 |
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580 | 580 | | reported by precinct. 387 |
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581 | 581 | | (b) Except as provided in s. 101.733, the supervisor shall 388 |
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582 | 582 | | designate each early voting site by no later than the 30th day 389 |
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583 | 583 | | before prior to an election and shall designate an early voting 390 |
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584 | 584 | | area, as defined in s. 97.021, at each early voting site. Except 391 |
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585 | 585 | | as provided in s. 101.733, the supervisor shall provide to the 392 |
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586 | 586 | | division no later than the 30th day before an election the 393 |
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587 | 587 | | address of each early voting site and the hours that early 394 |
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588 | 588 | | voting will occur at each site. 395 |
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589 | 589 | | (d) Early voting shall begin on the 10th day before an 396 |
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590 | 590 | | election that contains state or federal races and , except as 397 |
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591 | 591 | | provided in s. 101.733, end on the 3rd day before the election, 398 |
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592 | 592 | | and shall be provided for no less than 8 hours and no more than 399 |
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593 | 593 | | 12 hours per day at each site during the applicable period. In 400 |
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603 | 603 | | |
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604 | 604 | | |
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605 | 605 | | |
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606 | 606 | | addition, early voting may be offered at the discretion of the 401 |
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607 | 607 | | supervisor of elections on the 15th, 14th, 13th, 12th, 11th, or 402 |
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608 | 608 | | 2nd day before an election that contains state or federal races 403 |
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609 | 609 | | for at least 8 hours per day, but not more than 12 hours per 404 |
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610 | 610 | | day. The supervisor of elections may provide early voting for 405 |
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611 | 611 | | elections that are not held in conjunction with a state or 406 |
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612 | 612 | | federal election. However, the supervisor has the discretion to 407 |
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613 | 613 | | determine the hours of operation of early voting sites in those 408 |
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614 | 614 | | elections. 409 |
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615 | 615 | | Section 5. Subsection (5) of section 102.141, Florida 410 |
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616 | 616 | | Statutes, is amended to read: 411 |
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617 | 617 | | 102.141 County canvassing board; duties. — 412 |
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618 | 618 | | (5) The canvassing board shall submit on forms or in 413 |
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619 | 619 | | formats provided by the division unofficial returns to the 414 |
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620 | 620 | | Department of State for each federal, statewide, state, or 415 |
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621 | 621 | | multicounty office or ballot measure no later than noon on the 416 |
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622 | 622 | | third day after any primary election and no later than noon on 417 |
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623 | 623 | | the fourth day after any general or other election , except as 418 |
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624 | 624 | | provided in s. 101.733 . Such returns shall include the canvass 419 |
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625 | 625 | | of all ballots as requir ed by subsection (2). 420 |
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626 | 626 | | Section 6. Subsection (2) of section 104.0616, Florida 421 |
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627 | 627 | | Statutes, is amended to read: 422 |
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628 | 628 | | 104.0616 Vote-by-mail ballots and voting; violations. — 423 |
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629 | 629 | | (2) Any person who distributes, orders, requests, 424 |
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630 | 630 | | collects, delivers, or otherwise physically possesses more than 425 |
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639 | 639 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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640 | 640 | | |
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641 | 641 | | |
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642 | 642 | | |
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643 | 643 | | two vote-by-mail ballots per election in addition to his or her 426 |
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644 | 644 | | own ballot or a ballot belonging to an immediate family member, 427 |
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645 | 645 | | except as provided in ss. 101.6105 -101.694 and s. 101.733, 428 |
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646 | 646 | | including supervised voting at assisted living facilities and 429 |
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647 | 647 | | nursing home facilities as authorized under s. 101.655, commits 430 |
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648 | 648 | | a felony of the third degree, punishable as provided in s. 431 |
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649 | 649 | | 775.082, s. 775.083, or s . 775.084. 432 |
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650 | 650 | | Section 7. This act shall take effect July 1, 2025. 433 |
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