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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. 97.021, 2
F.S.; revising definitions; amending s. 97.0525, F.S.; 3
requiring that the online voter registration system 4
generate a notice with certain information under a 5
specified circumstance; amending s. 97.053, F.S. ; 6
authorizing a voter registration applicant to provide 7
a copy of certain documentation for a specified 8
purpose; providing construction; requiring supervisors 9
of elections to update a voter's record if provided 10
specified information by the applicant after 11
registration; providing that such updates are 12
retroactive to the date the application was received; 13
providing that certain applications can only be 14
accepted as valid after verifying citizenship through 15
specified means; requiring certain information be 16
recorded in the voter's record; requiring an applicant 17
to provide evidence to the supervisor sufficient to 18
prove the applicant's legal status as a United States 19
citizen under specified circumstances; requiring the 20
supervisor to place such applicant on the vote r rolls 21
under a specified circumstance; authorizing an 22
applicant that has not provided such evidence to vote 23
a provisional ballot; providing that such ballot may 24
be counted only if the applicant can verify his or her 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
legal status within a specified timefra me; amending s. 26
97.057, F.S.; requiring the Department of State to 27
share information about the type of documentary proof 28
of citizenship provided by specified cardholders; 29
requiring the Department of Highway Safety and Motor 30
Vehicles to assist the Departmen t of State with 31
identifying changes in residential addresses in 32
accordance with a specified provision; amending s. 33
98.045, F.S.; requiring supervisors to make certain 34
determinations within a specified timeframe related to 35
a voter registration applicant who was previously 36
removed for ineligibility and to follow specified 37
procedures to notify the applicant, if applicable; 38
amending s. 98.075, F.S.; authorizing the Department 39
of State to enter into memorandums of understanding 40
with federal agencies and other st ate governments and 41
to share confidential and exempt information with such 42
governments; requiring that such governments maintain 43
the confidentiality of such information; requiring the 44
Department of Highway Safety and Motor Vehicles to 45
provide driver licens e and identification card 46
information to such governments in certain 47
circumstances; requiring supervisors to remove the 48
name of a deceased voter under specified 49
circumstances; amending s. 98.093, F.S.; requiring 50
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certain information be furnished to the Depa rtment of 51
State from the Department of Highway Safety and Motor 52
Vehicles; creating s. 98.094, F.S.; requiring that 53
lists of registered voters be provided to federal 54
courts for a specified purpose under a certain 55
condition; requiring federal jury coordinato rs to 56
prepare or cause to be prepared a certain list; 57
requiring that such list be sent to the Division of 58
Elections periodically; requiring that jury 59
coordinators provide the division with specified 60
information about each disqualified juror; requiring 61
the supervisor to use such list to conduct list 62
maintenance or eligibility maintenance procedures; 63
amending s. 99.021, F.S.; revising information to be 64
required in writing by a person seeking to qualify for 65
nomination as a candidate of a political party; 66
providing that certain statements are substantive 67
requirements; authorizing qualified candidates and 68
political parties with such candidates to challenge 69
another candidate's compliance with a specified oath 70
in a certain circuit court; prohibiting a person from 71
qualifying as a candidate and appearing on the ballot 72
if a court order becomes final and makes certain 73
determinations; amending s. 101.043, F.S.; revising 74
the forms of current and valid picture identifications 75
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that a voter must provide upon entering the pol ling 76
place; amending s. 101.048, F.S.; revising the 77
instructions that are included with cure affidavits to 78
conform to changes made by the act; amending s. 79
101.151, F.S.; authorizing ballot -on-demand technology 80
to be used for early voting ballots; amending ss. 81
101.5606, 101.56075, 101.5608, and 101.5612, F.S.; 82
conforming provisions to changes made by the act; 83
amending s. 101.591, F.S.; deleting provisions 84
relating to performing a manual audit; requiring the 85
county canvassing board or local board responsible for 86
certifying an election to conduct an automated 87
independent vote validation of voting systems used in 88
all precincts; providing the procedure for such 89
automated independent vote validation; requiring the 90
division to adopt certain rules; requiring that th e 91
canvassing board publish certain notice on the 92
county's website, on the supervisor's website, or in 93
certain newspapers; requiring the vote validation 94
process be open to the public; requiring that such 95
vote validation be completed and made public before 96
the certification of the election; providing reporting 97
requirements for county canvassing boards; amending s. 98
101.5911, F.S.; requiring the department to adopt 99
certain rules; conforming provisions to changes made 100
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by the act; amending s. 101.595, F.S.; revis ing 101
reporting requirements for the Department of State; 102
amending s. 101.68, F.S.; conforming provisions to 103
changes made by the act; amending s. 101.6923, F.S.; 104
revising the instructions sent to certain first -time 105
voters to conform to changes made by the ac t; amending 106
s. 102.141, F.S.; revising the composition of county 107
canvassing boards; prohibiting persons who publicly 108
endorse or donate to candidates or are active 109
participants endorsing or opposing a public measure 110
from serving on county canvassing boards; requiring 111
qualified voters who meet certain conditions be 112
appointed to the county canvassing board in specified 113
circumstances; requiring members of a county 114
canvassing board and all clerical help to wear, at 115
specified times, identification badges in a cer tain 116
manner and which include specified information; 117
requiring a county canvassing board to retain legal 118
representation; authorizing such legal representation 119
to be a county attorney; specifying that the deadline 120
by which supervisors shall upload prelimina ry results 121
is in local time; requiring the supervisor on behalf 122
of the county canvassing board to report to the 123
department all early voting and vote -by-mail 124
tabulations; requiring counties to conduct an 125
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automated independent vote validation process for a 126
certain purpose after unofficial results are reported; 127
requiring that such process be completed within a 128
specified timeframe; requiring the county canvassing 129
board to take specified actions after making a certain 130
determination; requiring the county canvassi ng board 131
to conduct a system validation review under specified 132
circumstances; providing requirements for such review; 133
deleting provisions related to recounts by the county 134
canvassing board; requiring the county canvassing 135
board to publish notice containing manual review 136
information by specified means; providing that such 137
review are open to the public; requiring the county 138
canvassing board to submit to the department certain 139
forms containing a vote validation report; providing 140
requirements for such report; r equiring the department 141
to adopt rules; creating s. 102.143, F.S.; requiring 142
the supervisor to file with the division a report on 143
the conduct of the election within a specified 144
timeframe; providing requirements for the report; 145
requiring the supervisor to n otify the Division of 146
Elections of new information and file an amended 147
report including such information, if applicable, 148
within a specified timeframe; requiring the division 149
to maintain on file and make available for public 150
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inspection such reports; requiri ng the division to 151
review the reports for a specified purpose; requiring 152
an analysis of the report be submitted to specified 153
parties by a certain date; amending s. 102.166, F.S.; 154
requiring manual reviews of overvotes and undervotes 155
unless certain condition s exist; providing that the 156
secretary is responsible for ordering such review in 157
specified races and the county canvassing board, or 158
local board responsible for certifying the election, 159
is responsible for ordering such reviews in all other 160
races; authorizing political parties to designate a 161
certain expert to be allowed in the central counting 162
room while tests are being performed; prohibiting such 163
person from interfering with the normal operation of 164
the canvassing board; requiring the department to 165
adopt certain rules; amending s. 104.42, F.S.; 166
requiring certain investigations be reported to 167
specified entities; amending s. 106.08, F.S.; revising 168
the contributions or expenditures that a foreign 169
national is prohibited from making or offering to 170
make; prohibiting political parties, political 171
committees, committees associated with ballot issues 172
or questions, electioneering communications 173
organizations, and candidates from knowingly accepting 174
contributions from foreign nationals; providing 175
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penalties; creating s. 32 2.034, F.S.; requiring that 176
driver licenses and identification cards include 177
certain information by a specified date; requiring the 178
department issue certain replacement or renewal cards 179
at no charge; amending s. 895.02, F.S.; revising the 180
definition of the term "racketeering activity"; 181
providing an effective date. date. 182
183
Be It Enacted by the Legislature of the State of Florida: 184
185
Section 1. Subsections (6), (43), (44), and (47) of 186
section 97.021, Florida Statutes, are amended to read: 187
97.021 Definitions.—For the purposes of this code, except 188
where the context clearly indicates otherwise, the term: 189
(6) "Ballot" or "official ballot" means a printed sheet of 190
paper containing contests including offices and candidates, 191
constitutional amendments, and ot her public measures upon which 192
a voter's selections will be marked by using the pen or marker 193
recommended by the voting system vendor. A ballot includes a 194
voter-verifiable paper output upon which a voter's selections 195
are marked by a voter interface device that meets voter 196
accessibility requirements for individuals with disabilities 197
under s. 301 of the federal Help America Vote Act of 2002 and s. 198
101.56062 when used in reference to: 199
(a) "Electronic or electromechanical devices" means a 200
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ballot that is voted by the process of electronically 201
designating, including by touchscreen, or marking with a marking 202
device for tabulation by automatic tabulating equipment or data 203
processing equipment . 204
(b) "Marksense ballots" means that printed sheet of paper, 205
used in conjunction with an electronic or electromechanical vote 206
tabulation voting system, containing the names of candidates, or 207
a statement of proposed constitutional amendments or other 208
questions or propositions submitted to the electorate at any 209
election, on which sheet of paper an elector casts his or her 210
vote. 211
(43) "Voter interface device" means any device that 212
communicates voting instructions and ballot information to a 213
voter and allows the voter to select and vote for candidates and 214
issues. A voter interfac e device may not be used to tabulate 215
votes. Any vote tabulation must be based upon a subsequent scan 216
of the marked marksense ballot or the voter-verifiable paper 217
output after the voter interface device process has been 218
completed. 219
(44) "Voter registration agency" means any office that 220
provides public assistance, any office that serves persons with 221
disabilities, any center for independent living, or any public 222
library. The term includes any other federal or state office 223
that is first designated by the Secre tary of State to become a 224
voter registration agency if such office accepts such 225
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designation. 226
(47) "Voting system" means a method of casting and 227
processing votes that functions wholly or partly by use of 228
electromechanical or electronic apparatus or by use of marksense 229
ballots and includes, but is not limited to, the equipment, 230
including hardware, firmware, and software; the ballots; the 231
procedures for casting and processing votes ; and the programs, 232
the operating manuals, the supplies; and the reports, printouts, 233
and other documentation software necessary for the system's 234
operation. 235
Section 2. Subsections (5) through (8) of section 97.0525, 236
Florida Statutes, are renumbered as subsections (6) through (9), 237
respectively, and new subsection (5) is added to t hat section, 238
to read: 239
97.0525 Online voter registration. — 240
(5) The online voter registration system shall generate a 241
notice to the applicant if the applicant's legal status as a 242
United States citizen cannot be verified by the records of the 243
Department of Highway Safety and Motor Vehicles. Additionally, 244
in order to ensure the applicant is able to access information, 245
the notice must provide the applicant with contact information 246
for his or her supervisor of elections. 247
Section 3. Subsections (2) and (6) of section 97.053, 248
Florida Statutes, are amended to read: 249
97.053 Acceptance of voter registration applications. — 250
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(2)(a) A voter registration application is complete and 251
becomes the official voter registration record of that applicant 252
when all information necessary to establish the applicant's 253
eligibility pursuant to s. 97.041 is received by a voter 254
registration official a nd verified pursuant to subsection (6). A 255
voter registration applicant may provide, with his or her 256
application, a copy of any one of the following documents as 257
proof of United States citizenship: 258
1. A United States passport. 259
2. A United States birth c ertificate. 260
3. A Consular Report of Birth Abroad provided by the 261
United States Department of State. 262
4. A Florida driver license or Florida identification 263
card issued by the Department of Highway Safety and Motor 264
Vehicles if such driver license or ident ification card indicates 265
United States citizenship. 266
5. A naturalization certificate or certificate of 267
citizenship issued by the United States Department of Homeland 268
Security. Alternatively, a certificate number or an alien 269
registration number may be prov ided to allow a state or local 270
election official to verify United States citizenship. 271
6. A valid photo identification issued by the Federal 272
Government or the government of this state which indicates 273
United States citizenship. 274
7. An order from a federal court granting United States 275
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citizenship. 276
277
Any person who is registered to vote on or before June 30, 2025, 278
does not need to provide proof of United States citizenship 279
until his or her supervisor of elections makes a request to 280
verify citizenship under par agraph (6)(b) or s. 98.075. 281
(b) If the applicant fails to complete his or her voter 282
registration application on or before prior to the date of book 283
closing for an election, then such applicant is shall not be 284
eligible to vote in that election. 285
(6)(a) A voter registration application, including an 286
application with a change in name, address, or party 287
affiliation, may be accepted as valid only after the department 288
has verified the authenticity or nonexistence of the driver 289
license number, the Florida id entification card number, or the 290
last four digits of the social security number provided by the 291
applicant. If a completed voter registration application has 292
been received by the book -closing deadline but the driver 293
license number, the Florida identificatio n card number, or the 294
last four digits of the social security number provided by the 295
applicant cannot be verified, the applicant must shall be 296
notified that the number cannot be verified and that the 297
applicant must provide evidence to the supervisor suffic ient to 298
verify the authenticity of the applicant's driver license 299
number, Florida identification card number, or last four digits 300
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of the social security number. If the applicant provides the 301
necessary evidence, the supervisor must shall place the 302
applicant's name on the registration rolls as an active voter or 303
update the voter's record with the change in address, name, or 304
party affiliation, as applicable. The change in address, name, 305
or party affiliation is retroactive to the date the application 306
was initially received. If the applicant has not provided the 307
necessary evidence or the number has not otherwise been verified 308
before prior to the applicant presenting himself or herself to 309
vote, the applicant must shall be provided a provisional ballot. 310
The provisional ballot must shall be counted pursuant to s. 311
101.048, only if the number is verified by the end of the 312
canvassing period or if the applicant presents evidence to the 313
supervisor of elections sufficient to verify the authenticity of 314
the applicant's drive r license number, Florida identification 315
card number, or last four digits of the social security number 316
no later than 5 p.m. of the second day following the election. 317
(b) A voter registration application, including an 318
application with a change in name, a ddress, or party 319
affiliation, may be accepted as valid only after the department 320
has verified that the applicant is a United States citizen in 321
one of the following ways: 322
1. The applicant's voter record indicates that his or her 323
legal status as a United S tates citizen has been verified. 324
2. The applicant provided documentary proof of United 325
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States citizenship with the application. 326
3. The applicant's legal status as a United States citizen 327
is verified against the records of the Department of Highway 328
Safety and Motor Vehicles or the United States Department of 329
Homeland Security. 330
331
The type of documentary proof of United States citizenship used 332
for the verification under subparagraph 2. shall be recorded in 333
the voter's record. If a completed voter registratio n 334
application has been received by the book -closing deadline but 335
the applicant's legal status as a United States citizen cannot 336
be verified, the supervisor shall notify the applicant. The 337
applicant must provide evidence to the supervisor sufficient to 338
verify the applicant's legal status as a United States citizen 339
before voting. If the applicant provides the necessary evidence 340
before requesting a vote -by-mail ballot or presenting to vote in 341
person, the supervisor shall place the applicant's name on the 342
registration rolls as an active voter. If the applicant has not 343
provided the necessary evidence or the legal status is not 344
verified before requesting a vote -by-mail ballot or presenting 345
to vote in person, the applicant must be provided a provisional 346
ballot. The provisional ballot must be counted only if the 347
applicant's legal status as a United States citizen is verified 348
by the end of the canvassing period or if the applicant presents 349
evidence to the supervisor of elections sufficient to verify the 350
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applicant's legal status as a United States citizen no later 351
than 5 p.m. of the second day following the election. 352
Section 4. Subsections (11) and (13) of section 97.057, 353
Florida Statutes, are amended to read: 354
97.057 Voter registration by the Department of Highway 355
Safety and Motor Vehicles. — 356
(11) The Department of Highway Safety and Motor Vehicles 357
shall enter into an agreement with the department to match 358
information in the statewide voter registration system with 359
information in the database of the Department of Highway Safety 360
and Motor Vehicles to the extent required to verify the accuracy 361
of the driver license number, Florida identification number, or 362
last four digits of the social security number provided on 363
applications for voter registration as required in s. 97.053. 364
The department shall also include the type of documentary proof 365
that the licensee or cardholder provided in support of United 366
States citizenship. 367
(13) The Department of Highway Safety and Motor Vehicles 368
shall must assist the Department of State in regularly 369
identifying changes in residence address on the driver license 370
or identification card of a voter in accordance with this 371
section. The Department of State must report each such change to 372
the appropriate supervisor of elections who must change t he 373
voter's registration records in accordance with s. 98.065(4). 374
Section 5. Subsection (1) of section 98.045, Florida 375
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Statutes, are amended to read: 376
98.045 Administration of voter registration. — 377
(1) ELIGIBILITY OF APPLICANT. — 378
(a) The supervisor shall must ensure that any eligible 379
applicant for voter registration is registered to vote and that 380
each application for voter registration is processed in 381
accordance with law. The supervisor shall determine whether a 382
voter registration applicant is inelig ible based on any of the 383
following: 384
1.(a) The failure to complete a voter registration 385
application as specified in s. 97.053. 386
2.(b) The applicant is deceased. 387
3.(c) The applicant has been convicted of a felony for 388
which his or her voting rights have not been restored. 389
4.(d) The applicant has been adjudicated mentally 390
incapacitated with respect to the right to vote and such right 391
has not been restored. 392
5.(e) The applicant does not meet the age requirement 393
pursuant to s. 97.041. 394
6.(f) The applicant is not a United States citizen. 395
7.(g) The applicant is a fictitious person. 396
8.(h) The applicant has provided an address of legal 397
residence that is not his or her legal residence. 398
9.(i) The applicant has provided a driver license numbe r, 399
Florida identification card number, or the last four digits of a 400
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social security number that is not verifiable by the department. 401
(b)1. If the latest voter registration records show that a 402
new applicant was previously registered but subsequently remov ed 403
for ineligibility pursuant to s. 98.075(7), by reason of a 404
felony conviction without voting rights restored, adjudication 405
as mentally incapacitated with respect to voting without voting 406
rights restored, death, or for non -United States citizenship, 407
the supervisor must verify the current eligibility of the 408
applicant to register within 10 days by reviewing any 409
governmental entity document or source to determine whether the 410
applicant remains ineligible. If the supervisor determines that 411
the applicant is inel igible, the supervisor shall deny the 412
application and notify the applicant pursuant to s. 97.073. 413
Section 6. Subsections (2) and (3) of section 98.075, 414
Florida Statutes, are amended to read: 415
98.075 Registration records maintenance activities; 416
ineligibility determinations. — 417
(2) DUPLICATE REGISTRATION. — 418
(a) The department shall identify those voters who are 419
registered more than once or those applicants whose registration 420
applications within this the state would result in duplicate 421
registrations. The most recent application must shall be deemed 422
an update to the voter registration record. 423
(b)1. The department may become a member of a 424
nongovernmental entity whose sole purpose is to share and 425
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exchange information in order to verify voter registration 426
information. The membership of the nongovernmental entity must 427
be composed solely of election officials of state governments, 428
except that such membership may also include election officials 429
of the District of Columbia. If the department intends to become 430
a member of such a nongovernmental entity, the agreement to join 431
the entity must require that the Secretary of State, or his or 432
her designee, serve as a full member with voting rights on the 433
nongovernmental entity's board of directors within 12 months 434
after joining the entity. The department may enter into 435
memorandums of understanding with federal agencies or other 436
state governments. 437
2. The department may share confidential and exempt 438
information with a federal agency or another state government 439
after agreeing to a memorandum of understanding or after 440
becoming a member of a nongovernmental entity as provided in 441
subparagraph 1. if: 442
a. Each federal agency, state government, or member of the 443
nongovernmental entity agrees to maintain the confidentiality of 444
such information as required by the laws of the jurisdiction 445
providing the information; or 446
b. The bylaws of the nongovernmental entity require member 447
jurisdictions and the entity to maintain the confidentiality of 448
information as required by the laws of the jurisdiction 449
providing the information. 450
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3. The department may only become a member of a 451
nongovernmental entity as provided in subparagraph 1. if the 452
entity is controlled and operated by the participating 453
jurisdictions. The entity may not be operated or c ontrolled by 454
the Federal Government or any other entity acting on behalf of 455
the Federal Government. The department must be able to withdraw 456
at any time from any such membership entered into. 457
4. If the department enters into a memorandum of 458
understanding with a federal agency or another state government 459
or becomes a member of a nongovernmental entity as provided in 460
subparagraph 1., the Department of Highway Safety and Motor 461
Vehicles must, pursuant to a written agreement with the 462
department, provide driver license or identification card 463
information to the department for the purpose of sharing and 464
exchanging voter registration information with the federal 465
agency, other state government, or nongovernmental entity. 466
5. If the department becomes a member of a n ongovernmental 467
entity as provided in subparagraph 1., the department must 468
submit a report to the Governor, the President of the Senate, 469
and the Speaker of the House of Representatives by December 1 of 470
each year. The report must describe the terms of the 471
nongovernmental entity membership and provide information on the 472
total number of voters removed from the voter registration 473
system as a result of the membership and the reasons for their 474
removal. 475
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(c) Information received by the department from another 476
state or the District of Columbia upon the department becoming a 477
member of a nongovernmental entity as provided in subparagraph 478
(b)1., which is confidential or exempt pursuant to the laws of 479
that state or the District of Columbia, is exempt from s. 480
119.07(1) and s. 24(a), Art. I of the State Constitution. The 481
department shall provide such information to the supervisors to 482
conduct registration list maintenance activities. 483
(3) DECEASED PERSONS. — 484
(a)1. The department shall identify those registered 485
voters who are deceased by comparing information received from: 486
a. The Department of Health as provided in s. 98.093; 487
b. The United States Social Security Administration, 488
including, but not limited to, any master death file or index 489
compiled by the United States Social Security Administration; or 490
and 491
c. The Department of Highway Safety and Motor Vehicles. 492
2. Within 7 days after receipt of such information through 493
the statewide voter registration system, the supervisor shall 494
remove the name of the registered voter. 495
(b) The supervisor shall remove the name of a deceased 496
registered voter from the statewide voter registration system 497
within 7 days after receipt of : 498
1. A copy of a death certificate issued by a governmental 499
agency authorized to issue death certi ficates; or 500
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2. A published obituary or notice of death, a letter of 501
probate or estate administration, or personal knowledge that is 502
verified pursuant to s. 92.525, of a registered voter's death . 503
Section 7. Paragraph (c) of subsection (8) of section 504
98.093, Florida Statutes, is redesignated as paragraph (d), and 505
a new paragraph (c) is added to that subsection, to read: 506
98.093 Duty of officials to furnish information relating 507
to deceased persons, persons adjudicated mentally incapacitated, 508
persons convicted of a felony, and persons who are not United 509
States citizens.— 510
(8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES. —The 511
Department of Highway Safety and Motor Vehicles shall furnish 512
weekly to the department the following information: 513
(c) Information identifying those persons who during the 514
preceding week presented evidence of United States citizenship 515
upon being issued a new or renewed Florida driver license or 516
Florida identification card. The information must contain the 517
person's name; address; d ate of birth; last four digits of the 518
social security number, if applicable; Florida driver license 519
number or Florida identification card number, as available; the 520
type of documentary proof provided in support of citizenship; 521
and, if applicable, the alien registration number or other legal 522
status identifier. 523
Section 8. Section 98.094, Florida Statutes, is created to 524
read: 525
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98.094 Federal jury notice. — 526
(1) Lists of registered voters must be provided to federal 527
courts for purposes of selecting jurors o n the condition that 528
the jury coordinator provides notice pursuant to subsection (2) 529
regarding ineligible or potentially ineligible voters. 530
(2) The jury coordinator shall prepare or cause to be 531
prepared a list of each person disqualified or potentially 532
disqualified as a prospective juror from jury service due to 533
being a non-United States citizen, being convicted of a felony, 534
being deceased, not being a resident of this state, or not being 535
a resident of the county. The list must be prepared and sent to 536
the division according to the jury summons cycle used by the 537
court clerk. This section does not prevent the list from being 538
sent more frequently. The list may be provided by mail, e -mail, 539
or other electronic means. 540
(3) The jury coordinator shall provide the division with 541
all of the following information about each disqualified juror: 542
(a) The full name of the disqualified juror. 543
(b) Current and prior addresses, if any. 544
(c) Telephone number, if available. 545
(d) Date of birth. 546
(e) The reason the prospec tive juror was disqualified. 547
(4) The division shall provide the information to the 548
respective supervisor in the county of residence for the 549
disqualified juror for the supervisor to initiate, as may be 550
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applicable, address list maintenance pursuant to s. 98.065, or 551
eligibility maintenance pursuant to s. 98.075(7). 552
Section 9. Paragraph (e) of subsection (1) of section 553
99.021, Florida Statutes, is redesignated as paragraph (f), 554
paragraphs (b) and (c) of that subsection are amended, and a new 555
paragraph (e) is added to that subsection, to read: 556
99.021 Form of candidate oath. — 557
(1) 558
(b) In addition, any person seeking to qualify for 559
nomination as a candidate of any political party shall, at the 560
time of subscribing to the oath or affirmation, state in 561
writing: 562
1. The party of which the person is a member. 563
2. That the person has been a registered member of the 564
political party for which he or she is seeking nomination as a 565
candidate for at least 365 consecutive days preceding before the 566
beginning of the qualifying period before preceding the general 567
election for which the person seeks to qualify. 568
3. That the person has paid the assessment levied against 569
him or her, if any, as a candidate for said office by the 570
executive committee of the party of which he or she is a member. 571
(c) In addition, any person seeking to qualify for office 572
as a candidate with no party affiliation shall, at the time of 573
subscribing to the oath or affirmation, state in writing that he 574
or she has been is registered without any party affiliation and 575
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that he or she has not been a registered member of any political 576
party for at least 365 consecutive days preceding before the 577
beginning of the qualifying period before preceding the general 578
election for which the person seeks to qualify. 579
(e) The statements in subparagraph (b)2. and paragraph (c) 580
constitute substantive requirements on the person completing the 581
statement and compliance with those requirements is mandatory. 582
The sole method to enforce compliance with such requirements is 583
contained within this paragraph. Compliance with subparagraph 584
(b)2. and paragraph (c) may be challenged by a qualified 585
candidate or political party with qualified candidates in the 586
same race by filing an action in the circuit court for the 587
county in which the qualifying officer is headquartered. A 588
person may not be qualified as a candidate for nomination or 589
election and his or her name may not appear on the ballot if an 590
order of a court that has become final determines that: 591
1. The person seeking to qualify f or nomination as a 592
candidate of any political party has not been a registered 593
member of that party for the 365 -day period preceding the 594
beginning of qualifying; or 595
2. The person seeking to qualify for office as a candidate 596
with no party affiliation has not been registered without party 597
affiliation for, or has been a registered member of any 598
political party during, the 365 -day period preceding the 599
beginning of qualifying. 600
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Section 10. Subsection (1) of section 101.043, Florida 601
Statutes, is amended to r ead: 602
101.043 Identification required at polls. — 603
(1)(a) The precinct register, as prescribed in s. 98.461, 604
must shall be used at the polls for the purpose of identifying 605
the elector at the polls before allowing him or her to vote. The 606
clerk or inspector shall require each elector, upon entering the 607
polling place, to present one of the following current and valid 608
picture identifications: 609
1. Florida driver license. 610
2. Florida identification card issued by the Department of 611
Highway Safety and Motor Vehi cles. 612
3. United States passport or passport card. 613
4. Debit or credit card. 614
4.5. United States uniformed services or Merchant Marine 615
Military identification. 616
6. Student identification. 617
7. Retirement center identification. 618
8. Neighborhood associa tion identification. 619
9. Public assistance identification. 620
5.10. Veteran health identification card issued by the 621
United States Department of Veterans Affairs. 622
6.11. A license to carry a concealed weapon or firearm 623
issued pursuant to s. 790.06. 624
7.12. Any other Employee identification card issued by any 625
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branch, department, agency, or entity of the Federal Government, 626
the state, a county, or a municipality. 627
(b) If the picture identification does not contain the 628
signature of the elector, an additional identification that 629
provides the elector's signature is shall be required. The 630
address appearing on the identification presented by the elector 631
may not be used as the basis to challenge an elector's legal 632
residence. The elector must shall sign his or her name in the 633
space provided on the precinct register or on an electronic 634
device provided for recording the elector's signature. The clerk 635
or inspector shall compare the signature with that on the 636
identification provided by the elector and e nter his or her 637
initials in the space provided on the precinct register or on an 638
electronic device provided for that purpose and allow the 639
elector to vote if the clerk or inspector is satisfied as to the 640
identity of the elector. 641
Section 11. Paragraph ( d) of subsection (6) of section 642
101.048, Florida Statutes, is amended to read: 643
101.048 Provisional ballots. — 644
(6) 645
(d) Instructions must accompany the cure affidavit in 646
substantially the following form: 647
648
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLET ING THE 649
AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 650
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BALLOT NOT TO COUNT. 651
652
1. In order to cure the missing signature or the signature 653
discrepancy on your Provisional Ballot Voter's Certificate and 654
Affirmation, your affidavit should be c ompleted and returned as 655
soon as possible so that it can reach the supervisor of 656
elections of the county in which your precinct is located no 657
later than 5 p.m. on the 2nd day after the election. 658
2. You must sign your name on the line above (Voter's 659
Signature). 660
3. You must make a copy of one of the following forms of 661
identification: 662
a. Tier 1 identification. —Current and valid identification 663
that includes your name and photograph: Florida driver license; 664
Florida identification card issued by the Departm ent of Highway 665
Safety and Motor Vehicles; United States passport or passport 666
card; United States Uniformed Services or Merchant Marine ; debit 667
or credit card; military identification; student identification; 668
retirement center identification; neighborhood as sociation 669
identification; public assistance identification; veteran health 670
identification card issued by the United States Department of 671
Veterans Affairs; Florida license to carry a concealed weapon or 672
firearm; or any other employee identification card iss ued by any 673
branch, department, agency, or entity of the Federal Government, 674
the state, a county, or a municipality; or 675
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b. Tier 2 identification. —ONLY IF YOU DO NOT HAVE A TIER 1 676
FORM OF IDENTIFICATION, identification that shows your name and 677
current residence address: current utility bill; bank statement; 678
government check; paycheck; or government document (excluding 679
voter information card). 680
4. If your status as a United States citizen has not been 681
verified you must complete the affidavit and submit a copy of 682
one of the following documents: 683
a. A United States passport. 684
b. A United States birth certificate. 685
c. A Consular Report of Birth Abroad provided by the 686
United States Department of State. 687
d. A Florida driver license or Florida identification card 688
issued by the Department of Highway Safety and Motor Vehicles if 689
such license or identification card indicates United States 690
citizenship. 691
e. A naturalization certificate or certificate of 692
citizenship issued by the United States Department of Homela nd 693
Security. Alternatively, a certificate number or alien 694
registration number may be provided to allow a state or local 695
election official to verify United States citizenship. 696
f. A valid photo identification issued by the Federal 697
Government or the governme nt of this state that indicates United 698
States citizenship. 699
g. An order from a federal court granting United States 700
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citizenship. 701
702
Your affidavit should be completed and returned as soon as 703
possible so that it can reach the supervisor of elections of the 704
county in which your precinct is located no later than 5 p.m. on 705
the 2nd day after the election. You must sign your name here 706
(Voter's Signature). 707
5.4. Place the envelope bearing the affidavit into a 708
mailing envelope addressed to the supervisor. Insert a copy of 709
your identification in the mailing envelope. Mail (if time 710
permits), deliver, or have delivered the completed affidavit 711
along with the copy of your identification to your county 712
supervisor of elections. Be sure there is sufficient postage if 713
mailed and that the supervisor's address is correct. Remember, 714
your information MUST reach your county supervisor of elections 715
no later than 5 p.m. on the 2nd day following the election or 716
your ballot will not count. 717
6.5. Alternatively, you may fax or e -mail your completed 718
affidavit and a copy of your identification to the supervisor of 719
elections. If e-mailing, please provide these documents as 720
attachments. 721
7.6. Submitting a provisional ballot affidavit does not 722
establish your eligibility to vote in this elec tion or guarantee 723
that your ballot will be counted. The county canvassing board 724
determines your eligibility to vote through information provided 725
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on the Provisional Ballot Voter's Certificate and Affirmation, 726
written evidence provided by you, including info rmation in your 727
cure affidavit along with any supporting identification, and any 728
other evidence presented by the supervisor of elections or a 729
challenger. You may still be required to present additional 730
written evidence to support your eligibility to vote. 731
Section 12. Subsection (1) of section 101.151, Florida 732
Statutes, is amended to read: 733
101.151 Specifications for ballots. — 734
(1)(a) Marksense Ballots must shall be printed on paper of 735
such thickness that the printing cannot be distinguished from 736
the back and must shall meet the specifications of the voting 737
system that will be used to tabulate the ballots. 738
(b) Polling places and early voting sites may employ a 739
ballot-on-demand production system to print individual marksense 740
ballots, including provisio nal ballots, for eligible electors. 741
Ballot-on-demand technology may be used to produce marksense 742
vote-by-mail, early voting, and election-day ballots. 743
Section 13. Subsection (4) of section 101.5606, Florida 744
Statutes, is amended to read: 745
101.5606 Requirements for approval of systems. —No 746
electronic or electromechanical voting system shall be approved 747
by the Department of State unless it is so constructed that: 748
(4) For systems using marksense ballots, It accepts a 749
rejected ballot pursuant to subsection (3) if a voter chooses to 750
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cast the ballot, but records no vote for any office that has 751
been overvoted or undervoted. 752
Section 14. Section 101.56075, Florida Statutes, is 753
amended to read: 754
101.56075 Voting methods. —For the purpose of designating 755
ballot selections, all voting must be by official marksense 756
ballot, using a pen or marker recommended by the voting system 757
vendor. Persons with disabilities may vote using marking device 758
or a voter interface device that produces a voter -verifiable 759
paper output and meets the voter accessibility requirements for 760
individuals with disabilities under s. 301 of the federal Help 761
America Vote Act of 2002 and s. 101.56062. 762
Section 15. Subsections (2) and (3) of section 101.5608, 763
Florida Statutes, are amended to read: 764
101.5608 Voting at the polls by electronic or 765
electromechanical method ; procedures.— 766
(2) When an electronic or electromechanical voting system 767
utilizes a ballot card or marksense ballot, The following 768
procedures must shall be followed to vote: 769
(a) After receiving a ballot from an inspector, the voter 770
elector shall, without leaving the polling place, retire to a 771
booth or compartment and mark the ballot. After marking his or 772
her ballot, the voter must elector shall place the ballot in a 773
secrecy envelope so that the ballot will be deposited in the 774
tabulator without exposing the voter's choices. 775
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(b) Any voter who spoils his or her ballot or makes an 776
error may return the ballot to the election official and secure 777
another ballot, except that in no case sha ll a voter be 778
furnished more than three ballots. If the vote tabulation device 779
has rejected a ballot, the ballot must shall be considered 780
spoiled and a new ballot must shall be provided to the voter 781
unless the voter chooses to cast the rejected ballot. The 782
election official, without examining the original ballot, shall 783
state the possible reasons for the rejection and shall provide 784
instruction to the voter pursuant to s. 101.5611. A spoiled 785
ballot must shall be preserved, without examination, in an 786
envelope provided for that purpose. The stub shall be removed 787
from the ballot and placed in an envelope. 788
(c) The supervisor of elections shall prepare for each 789
polling place at least one ballot box to contain the ballots of 790
a particular precinct, and each ballot box must shall be plainly 791
marked with the name of the precinct for which it is intended. 792
(3) The Department of State shall promulgate rules 793
regarding voting procedures to be used when an electronic or 794
electromechanical voting system is of a type which do es not 795
utilize a ballot card or marksense ballot . 796
Section 16. Subsection (5) of section 101.5612, Florida 797
Statutes, is amended to read: 798
101.5612 Testing of tabulating equipment. — 799
(5) Any tests involving marksense ballots pursuant to this 800
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section shall employ test ballots created by the supervisor of 801
elections using actual ballots that have been printed for the 802
election. If ballot-on-demand ballots will be used in the 803
election, the supervisor shall also create test ballots using 804
the ballot-on-demand technology that will be used to produce 805
ballots in the election, using the same paper stock as will be 806
used for ballots in the election. 807
Section 17. Section 101.591, Florida Statutes, is amended 808
to read: 809
101.591 Voting system automated independent vote 810
validation process; system approval; procedures audit.— 811
(1) Before Immediately following the certification of each 812
election, the county canvassing board or the local board 813
responsible for certifying the election shall conduct a manual 814
audit or an automated, independent vote validation audit of the 815
voting systems used in all randomly selected precincts. 816
(2)(a) A manual audit shall consist of a public manual 817
tally of the votes cast in one randomly selected race that 818
appears on the ballot. The tally s heet shall include election -819
day, vote-by-mail, early voting, provisional, and overseas 820
ballots, in at least 1 percent but no more than 2 percent of the 821
precincts chosen at random by the county canvassing board or the 822
local board responsible for certifying the election. If 1 823
percent of the precincts is less than one entire precinct, the 824
audit shall be conducted using at least one precinct chosen at 825
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random by the county canvassing board or the local board 826
responsible for certifying the election. Such precinct s shall be 827
selected at a publicly noticed canvassing board meeting. 828
(b) An automated independent vote validation process must 829
audit shall consist of an a public automated verification of the 830
tally of the votes cast across every race that appears on the 831
ballot. The tally sheet must shall include all valid election 832
day, vote-by-mail, early voting, provisional, and overseas 833
ballots received by the start of the vote validation process in 834
all at least 20 percent of the precincts chosen at random by the 835
county canvassing board or the local board responsible for 836
certifying the election. Such precincts shall be selected at a 837
publicly noticed canvassing board meeting . 838
(c) The division shall adopt rules for approval of an 839
automated independent audit system which provide that the 840
system, at a minimum, must be: 841
(a)1. Completely independent of the primary voting system. 842
(b)2. Fast enough to produce final vote validation audit 843
results within the timeframe prescribed in subsection (4). 844
(c)3. Capable of demonstrati ng that the ballots of record 845
have been accurately adjudicated by the automated independent 846
vote validation audit system in agreement with the vote 847
tabulation system and is capable of allowing the canvassing 848
board to manually adjudicate ballots of record. A canvassing 849
board is not precluded from reviewing a digital image of a 850
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ballot corresponding to a physical paper ballot in conducting 851
its review. 852
(3) The canvassing board shall publish notice on the 853
county website as provided in s. 50.0311, on the superv isor of 854
election's website, or once in one or more newspapers of general 855
circulation in the county post a notice of the automated 856
independent vote validation process audit, including the date, 857
time, and place, in four conspicuous places in the county and o n 858
the home page of the county supervisor of elections website . 859
Such process shall be open to the public. 860
(4) The automated independent vote validation process 861
audit must be completed and the results made public before the 862
certification of the election by each county canvassing board 863
and in accordance with s. 102.141 no later than 11:59 p.m. on 864
the 7th day following certification of the election by the 865
county canvassing board or the local board responsible for 866
certifying the election . 867
(5) By December 15 of each general election year, the 868
county canvassing board or the board responsible for certifying 869
the election shall provide a report with the results of the 870
automated independent vote validation audit to the Department of 871
State in a standard format as pr escribed by the department. Each 872
county's The report must be consolidated into one report and 873
included with the overvote and undervote report required under 874
s. 101.595(1). The report must, at a minimum, contain all of 875
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shall contain, but is not limited to, the following items: 876
(a) The overall agreement accuracy of automated 877
independent vote validation audit. 878
(b) A description of any problems or differences 879
discrepancies encountered. 880
(c) The likely cause of such problems or differences 881
discrepancies. 882
(d) Recommended corrective action with respect to avoiding 883
or mitigating such circumstances in future elections. 884
(6) The department shall consolidate the county automated 885
independent vote validation results and include the results as 886
part of a post-general election report required under ss. 887
101.595 and 102.143 to the Governor, the President of the 888
Senate, and the Speaker of the House of Representatives by 889
February 15 of each year following a general election If a 890
manual recount is undertaken pursuant to s. 102.166, the 891
canvassing board is not required to perform the audit provided 892
for in this section. 893
Section 18. Section 101.5911, Florida Statutes, is amended 894
to read: 895
101.5911 Rulemaking authority for automated independent 896
vote validation voting system approval; audit procedures.—897
Effective upon this act becoming a law, The department of State 898
shall also adopt rules to implement the provisions of s. 899
101.591, as amended by s. 8, chapter 2007 -30, Laws of Florida, 900
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which provide for the testing and approval of an automated 901
independent vote validation system, and prescribe detailed 902
automated independent vote validation audit procedures for each 903
voting system, which shall be uniform to the extent practicable, 904
along with the standard form for automated independent vote 905
validation system audit reports. 906
Section 19. Section 101.595, Florida Statutes, is amended 907
to read: 908
101.595 Analysis of overvotes and undervotes and reports 909
of voting problems.— 910
(1)(a) No later than December 15 of each general election 911
year, the supervisor of elections in each county shall report to 912
the Department of State the total number of overvotes and 913
undervotes in the "President and Vice President" or "Governor 914
and Lieutenant Governor" race that appears first on the ballot 915
or, if neither appears, the first race appearing on the ballot 916
pursuant to s. 101.151(2), along with the likely reasons for 917
such overvotes and undervotes and other information as may be 918
useful in evaluating the performance of the voting system and 919
identifying problems with ballot design and instructions which 920
may have contributed to voter confusion. This report must be 921
consolidated into one report with the audit report required 922
under s. 101.591(5). 923
(b)(2) The Department of State, upon receipt of such 924
information, shall prepare a public report on the performance of 925
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each type of voting system. The report must contain, but is not 926
limited to, the following information: 927
1.(a) An identification of problems with the ballot design 928
or instructions which may have contributed to voter confusion; 929
2.(b) An identification of voting system design problems; 930
and 931
3.(c) Recommendations for correcting any problems 932
identified. 933
(2)(3) The Department of State shall submit the overvote 934
and undervote analysis required in subsection (1) as part of the 935
post-general election report required under ss. 101.591 and 936
102.143, to the Governor, the President of the Senate, and the 937
Speaker of the House of Representatives by February 15 of each 938
year following a general election. 939
Section 20. Subsections (2) and (4) of section 101.68, 940
Florida Statutes, are amended to read: 941
101.68 Canvassing of vote -by-mail ballot.— 942
(2)(a) The county canvassing board may begin the 943
canvassing of vote-by-mail ballots upon the completion of the 944
public testing of automatic tabulating equipment pursuant to s. 945
101.5612(2), but must begin such canvassing by no later than 946
noon on the day following the election. However, notwithstanding 947
any such authorization to begin canvassing or otherwise 948
processing vote-by-mail ballots early, no result may shall be 949
released until after the closing of the polls in that county on 950
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election day. Any supervisor, deputy supervisor, canvassin g 951
board member, election board member, or election employee who 952
releases the results of a canvassing or processing of vote -by-953
mail ballots before prior to the closing of the polls in that 954
county on election day commits a felony of the third degree, 955
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 956
(b) To ensure that all vote -by-mail ballots to be counted 957
by the canvassing board are accounted for, the canvassing board 958
shall compare the number of ballots in its possession with the 959
number of requests for ballots received to be counted according 960
to the supervisor's file or list. 961
(c)1. The canvassing board must, if the supervisor has not 962
already done so, compare the signature of the elector on the 963
voter's certificate or on the vote -by-mail ballot cure affidavit 964
as provided in subsection (4) with the signature of the elector 965
in the registration books or the precinct register to see that 966
the elector is duly registered in the county and to determine 967
the legality of that vote -by-mail ballot. A vote-by-mail ballot 968
may only be counted if: 969
a. The signature on the voter's certificate or the cure 970
affidavit matches the elector's signature in the registration 971
books or precinct register; however, in the case of a cure 972
affidavit, the supporting identificati on listed in subsection 973
(4) must also confirm the identity of the elector; or 974
b. The cure affidavit contains a signature that does not 975
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match the elector's signature in the registration books or 976
precinct register, but the elector has submitted a current a nd 977
valid Tier 1 identification pursuant to subsection (4) which 978
confirms the identity of the elector. 979
980
For purposes of this subparagraph, any canvassing board finding 981
that an elector's signatures do not match must be by majority 982
vote and beyond a reasonabl e doubt. 983
2. The ballot of an elector who casts a vote -by-mail 984
ballot shall be counted even if the elector dies on or before 985
election day, as long as, before the death of the voter, the 986
ballot was postmarked by the United States Postal Service, date -987
stamped with a verifiable tracking number by a common carrier, 988
or already in the possession of the supervisor. 989
3. A vote-by-mail ballot is not considered illegal if the 990
signature of the elector does not cross the seal of the mailing 991
envelope. 992
4. If any elector or candidate present believes that a 993
vote-by-mail ballot is illegal due to a defect apparent on the 994
voter's certificate or the cure affidavit, he or she may, at any 995
time before the ballot is removed from the envelope, file with 996
the canvassing board a p rotest against the canvass of that 997
ballot, specifying the precinct, the voter's certificate or the 998
cure affidavit, and the reason he or she believes the ballot to 999
be illegal. A protest challenge based upon a defect in the 1000
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voter's certificate or cure affida vit may not be accepted after 1001
the ballot has been removed from the mailing envelope. 1002
5. If the canvassing board determines that a ballot is 1003
illegal, a member of the board must, without opening the 1004
envelope, mark across the face of the envelope: "rejected as 1005
illegal." The cure affidavit, if applicable, the envelope, and 1006
the ballot therein shall be preserved in the manner that 1007
official ballots are preserved. 1008
(d) The canvassing board shall record the ballot upon the 1009
proper record, unless the ballot has bee n previously recorded by 1010
the supervisor. The mailing envelopes must shall be opened and 1011
the secrecy envelopes must shall be mixed so as to make it 1012
impossible to determine which secrecy envelope came out of which 1013
signed mailing envelope; however, in any cou nty in which an 1014
electronic or electromechanical voting system is used, the 1015
ballots may be sorted by ballot styles and the mailing envelopes 1016
may be opened and the secrecy envelopes mixed separately for 1017
each ballot style. The votes on vote -by-mail ballots must shall 1018
be included in the total vote of the county. 1019
(4)(a) As soon as practicable, the supervisor shall, on 1020
behalf of the county canvassing board, attempt to notify an 1021
elector who has returned a vote -by-mail ballot that does not 1022
include the elector's s ignature or contains a signature that 1023
does not match the elector's signature in the registration books 1024
or precinct register by: 1025
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1. Notifying the elector of the signature deficiency by e -1026
mail and directing the elector to the cure affidavit and 1027
instructions on the supervisor's website; 1028
2. Notifying the elector of the signature deficiency by 1029
text message and directing the elector to the cure affidavit and 1030
instructions on the supervisor's website; or 1031
3. Notifying the elector of the signature deficiency by 1032
telephone and directing the elector to the cure affidavit and 1033
instructions on the supervisor's website. 1034
1035
In addition to the notification required under subparagraph 1., 1036
subparagraph 2., or subparagraph 3., the supervisor must notify 1037
the elector of the sig nature deficiency by first -class mail and 1038
direct the elector to the cure affidavit and instructions on the 1039
supervisor's website. Beginning the day before the election, the 1040
supervisor is not required to provide notice of the signature 1041
deficiency by first-class mail, but shall continue to provide 1042
notice as required under subparagraph 1., subparagraph 2., or 1043
subparagraph 3. 1044
(b) The supervisor shall allow such an elector to complete 1045
and submit an affidavit in order to cure the vote -by-mail ballot 1046
until 5 p.m. on the 2nd day after the election. 1047
(c) The elector must complete a cure affidavit in 1048
substantially the following form: 1049
1050
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VOTE-BY-MAIL BALLOT CURE AFFIDAVIT 1051
1052
I, ...., am a qualified voter in this election and 1053
registered voter of .... County, Florida. I d o solemnly swear or 1054
affirm that I requested and returned the vote -by-mail ballot and 1055
that I have not and will not vote more than one ballot in this 1056
election. I understand that if I commit or attempt any fraud in 1057
connection with voting, vote a fraudulent ba llot, or vote more 1058
than once in an election, I may be convicted of a felony of the 1059
third degree and fined up to $5,000 and imprisoned for up to 5 1060
years. I understand that my failure to sign this affidavit means 1061
that my vote-by-mail ballot will be invalidat ed. 1062
1063
...(Voter's Signature)... 1064
...(Address)... 1065
1066
(d) Instructions must accompany the cure affidavit in 1067
substantially the following form: 1068
1069
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 1070
AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 1071
BALLOT NOT TO COUNT. 1072
1073
1. In order to ensure that your vote -by-mail ballot will 1074
be counted, your affidavit should be completed and returned as 1075
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soon as possible so that it can reach the supervisor of 1076
elections of the county in which your precinct is l ocated no 1077
later than 5 p.m. on the 2nd day after the election. 1078
2. You must sign your name on the line above (Voter's 1079
Signature). 1080
3. You must make a copy of one of the following forms of 1081
identification: 1082
a. Tier 1 identification. —Current and valid iden tification 1083
that includes your name and photograph: Florida driver license; 1084
Florida identification card issued by the Department of Highway 1085
Safety and Motor Vehicles; United States passport or passport 1086
card; United States Uniformed Services or Merchant Mari ne; debit 1087
or credit card; military identification; student identification; 1088
retirement center identification; neighborhood association 1089
identification; public assistance identification; veteran health 1090
identification card issued by the United States Departmen t of 1091
Veterans Affairs; a Florida license to carry a concealed weapon 1092
or firearm; or any an employee identification card issued by any 1093
branch, department, agency, or entity of the Federal Government, 1094
the state, a county, or a municipality; or 1095
b. Tier 2 identification.—ONLY IF YOU DO NOT HAVE A TIER 1 1096
FORM OF IDENTIFICATION, identification that shows your name and 1097
current residence address: current utility bill, bank statement, 1098
government check, paycheck, or government document (excluding 1099
voter information card). 1100
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4. Place the envelope bearing the affidavit into a mailing 1101
envelope addressed to the supervisor. Insert a copy of your 1102
identification in the mailing envelope. Mail (if time permits), 1103
deliver, or have delivered the completed affidavit along with 1104
the copy of your identification to your county supervisor of 1105
elections. Be sure there is sufficient postage if mailed and 1106
that the supervisor's address is correct. Remember, your 1107
information MUST reach your county supervisor of elections no 1108
later than 5 p.m. on the 2nd day after the election, or your 1109
ballot will not count. 1110
5. Alternatively, you may fax or e -mail your completed 1111
affidavit and a copy of your identification to the supervisor of 1112
elections. If e-mailing, please provide these documents as 1113
attachments. 1114
1115
(e) The department and each supervisor shall include the 1116
affidavit and instructions on their respective websites. The 1117
supervisor must include his or her office's mailing address, e -1118
mail address, and fax number on the page containing the 1119
affidavit instructions, and the department's instruction page 1120
must include the office mailing addresses, e -mail addresses, and 1121
fax numbers of all supervisors of elections or provide a 1122
conspicuous link to such addresses. 1123
(f) The supervisor shall attach each affidavi t received to 1124
the appropriate vote -by-mail ballot mailing envelope. 1125
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(g) If a vote-by-mail ballot is validated following the 1126
submission of a cure affidavit, the supervisor must shall make a 1127
copy of the affidavit, affix it to a voter registration 1128
application, and immediately process it as a valid request for a 1129
signature update pursuant to s. 98.077. 1130
(h) After all election results on the ballot have been 1131
certified, the supervisor shall, on behalf of the county 1132
canvassing board, notify each elector whose ba llot has been 1133
rejected as illegal and provide the specific reason the ballot 1134
was rejected. In addition, unless processed as a signature 1135
update pursuant to paragraph (g), the supervisor must shall mail 1136
a voter registration application to the elector to be c ompleted 1137
indicating the elector's current signature if the signature on 1138
the voter's certificate or cure affidavit did not match the 1139
elector's signature in the registration books or precinct 1140
register. 1141
Section 21. Subsection (2) of section 101.6923, Flor ida 1142
Statutes, is amended to read: 1143
101.6923 Special vote -by-mail ballot instructions for 1144
certain first-time voters.— 1145
(2) A voter covered by this section must be provided with 1146
printed instructions with his or her vote -by-mail ballot in 1147
substantially the following form: 1148
1149
READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR 1150
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BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 1151
YOUR BALLOT NOT TO COUNT. 1152
1153
1. In order to ensure that your vote -by-mail ballot will 1154
be counted, it should be completed and retur ned as soon as 1155
possible so that it can reach the supervisor of elections of the 1156
county in which your precinct is located no later than 7 p.m. on 1157
the date of the election. However, if you are an overseas voter 1158
casting a ballot in a presidential preference p rimary or general 1159
election, your vote-by-mail ballot must be postmarked or dated 1160
no later than the date of the election and received by the 1161
supervisor of elections of the county in which you are 1162
registered to vote no later than 10 days after the date of th e 1163
election. Note that the later you return your ballot, the less 1164
time you will have to cure signature deficiencies, which is 1165
authorized until 5 p.m. local time on the 2nd day after the 1166
election. 1167
2. Mark your ballot in secret as instructed on the ballot. 1168
You must mark your own ballot unless you are unable to do so 1169
because of blindness, disability, or inability to read or write. 1170
3. Mark only the number of candidates or issue choices for 1171
a race as indicated on the ballot. If you are allowed to "Vote 1172
for One" candidate and you vote for more than one, your vote in 1173
that race will not be counted. 1174
4. Place your marked ballot in the enclosed secrecy 1175
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envelope and seal the envelope. 1176
5. Insert the secrecy envelope into the enclosed envelope 1177
bearing the Voter's Certificate. Seal the envelope and 1178
completely fill out the Voter's Certificate on the back of the 1179
envelope. 1180
a. You must sign your name on the line above (Voter's 1181
Signature). 1182
b. If you are an overseas voter, you must include the date 1183
you signed the Voter's Certificate on the line above (Date) or 1184
your ballot may not be counted. 1185
c. A vote-by-mail ballot will be considered illegal and 1186
will not be counted if the signature on the Voter's Certificate 1187
does not match the signature on record. The signature on file at 1188
the start of the canvass of the vote -by-mail ballots is the 1189
signature that will be used to verify your signature on the 1190
Voter's Certificate. If you need to update your signature for 1191
this election, send your signature update on a voter 1192
registration application to your supervisor of elections so that 1193
it is received before your vote -by-mail ballot is received. 1194
6. Unless you meet one of the exemptions in Item 7., you 1195
must make a copy of one of the following forms of 1196
identification: 1197
a. Identification which must include your name and 1198
photograph: United States passport or passport card; United 1199
States uniformed services or Merchant marine ; debit or credit 1200
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card; military identification; student identification; 1201
retirement center identification; neighborhoo d association 1202
identification; public assistance identification; veteran health 1203
identification card issued by the United States Department of 1204
Veterans Affairs; a Florida license to carry a concealed weapon 1205
or firearm; or any an employee identification card issued by any 1206
branch, department, agency, or entity of the Federal Government, 1207
the state, a county, or a municipality; or 1208
b. Identification which shows your name and current 1209
residence address: current utility bill, bank statement, 1210
government check, paych eck, or government document (excluding 1211
voter information card). 1212
7. The identification requirements of Item 6. do not apply 1213
if you meet one of the following requirements: 1214
a. You are 65 years of age or older. 1215
b. You have a temporary or permanent physic al disability. 1216
c. You are a member of a uniformed service on active duty 1217
who, by reason of such active duty, will be absent from the 1218
county on election day. 1219
d. You are a member of the Merchant Marine who, by reason 1220
of service in the Merchant Marine, wi ll be absent from the 1221
county on election day. 1222
e. You are the spouse or dependent of a member referred to 1223
in paragraph c. or paragraph d. who, by reason of the active 1224
duty or service of the member, will be absent from the county on 1225
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election day. 1226
f. You are currently residing outside the United States. 1227
8. Place the envelope bearing the Voter's Certificate into 1228
the mailing envelope addressed to the supervisor. Insert a copy 1229
of your identification in the mailing envelope. DO NOT PUT YOUR 1230
IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR 1231
INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR 1232
BALLOT WILL NOT COUNT. 1233
9. Mail, deliver, or have delivered the completed mailing 1234
envelope. Be sure there is sufficient postage if mailed. 1235
10. FELONY NOTICE. It is a felony under Florida law to 1236
accept any gift, payment, or gratuity in exchange for your vote 1237
for a candidate. It is also a felony under Florida law to vote 1238
in an election using a false identity or false address, or under 1239
any other circumstances making your ballot false or fraudulent. 1240
Section 22. Section 102.141, Florida Statutes, is amended 1241
to read: 1242
102.141 County canvassing board; duties. — 1243
(1) MEMBERSHIP.—The county canvassing board shall be 1244
composed of the supervisor of electi ons; a county court judge, 1245
appointed by the chief judge of the judicial circuit in which 1246
the county is located, who shall act as chair; and the chair of 1247
the board of county commissioners. The names of the canvassing 1248
board members must be published on the s upervisor's website upon 1249
completion of the logic and accuracy test. At least two 1250
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alternate canvassing board members must be appointed pursuant to 1251
paragraph (b) (e). 1252
(a) In the event any member of the county canvassing board 1253
is unable to serve, is a candi date who has opposition in the 1254
election being canvassed, or is an active participant , 1255
including, but not limited to, publicly endorsing or donating to 1256
in the campaign or candidacy of any candidate who has opposition 1257
in the election being canvassed, or is an active participant 1258
,including, but not limited to, publicly endorsing or donating 1259
to the support or opposition of a public measure on the ballot 1260
being canvassed, such member shall be replaced as follows: 1261
1.(a) If a county court judge is unable to serv e or if all 1262
are disqualified, the chief judge of the judicial circuit in 1263
which the county is located must appoint as a substitute member 1264
a qualified voter elector of the county who is not a candidate 1265
with opposition in the election being canvassed and who is not 1266
an active participant , including, but not limited to, publicly 1267
endorsing or donating to the support or opposition of in the 1268
campaign or candidacy of any candidate with opposition in the 1269
election being canvassed , or is an active participant, 1270
including, but not limited to, publicly endorsing or donating to 1271
the support or opposition of a public measure on the ballot 1272
being canvassed. In such event, the members of the county 1273
canvassing board shall meet and elect a chair. 1274
2.(b) If the supervisor of elect ions is unable to serve or 1275
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is disqualified, the chair of the board of county commissioners 1276
must appoint as a substitute member a member of the board of 1277
county commissioners who is not a candidate with opposition in 1278
the election being canvassed and who is n ot an active 1279
participant, including, but not limited to, publicly endorsing 1280
or donating to the support or opposition of in the campaign or 1281
candidacy of any candidate with opposition in the election being 1282
canvassed, or is an active participant, including, b ut not 1283
limited to, publicly endorsing or donating to the support or 1284
opposition of a public measure on the ballot being canvassed . 1285
The supervisor, however, shall act in an advisory capacity to 1286
the canvassing board. 1287
3.(c) If the chair of the board of count y commissioners is 1288
unable to serve or is disqualified, the board of county 1289
commissioners must appoint as a substitute member one of its 1290
members who is not a candidate with opposition in the election 1291
being canvassed and who is not an active participant , including, 1292
but not limited to, publicly endorsing or donating to the 1293
support or opposition of in the campaign or candidacy of any 1294
candidate with opposition in the election being canvassed , or is 1295
an active participant, including, but not limited to, publicly 1296
endorsing or donating to the support or opposition of a public 1297
measure on the ballot being canvassed . 1298
(d) If a substitute member or alternate member cannot be 1299
appointed as provided elsewhere in this subsection, or in the 1300
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event of a vacancy in such office, the chief judge of the 1301
judicial circuit in which the county is located must appoint as 1302
a substitute member or alternate member a qualified elector of 1303
the county who is not a candidate with opposition in the 1304
election being canvassed and who is not an activ e participant in 1305
the campaign or candidacy of any candidate with opposition in 1306
the election being canvassed. 1307
(b)1.(e)1. The chief judge of the judicial circuit in 1308
which the county is located shall appoint a county court judge 1309
as an alternate member of th e county canvassing board or, if 1310
each county court judge is unable to serve or is disqualified, 1311
shall appoint an alternate member who is qualified to serve as a 1312
substitute member under paragraph (a). Any alternate may serve 1313
in any seat. 1314
2. The chair of the board of county commissioners shall 1315
appoint a member of the board of county commissioners as an 1316
alternate member of the county canvassing board or, if each 1317
member of the board of county commissioners is unable to serve 1318
or is disqualified, shall appoint an alternate member who is 1319
qualified to serve as a substitute member under paragraph (d). 1320
3. If a member of the county canvassing board is unable to 1321
participate in a meeting of the board, the chair of the county 1322
canvassing board or his or her designee must designate which 1323
alternate member will serve as a member of the board in the 1324
place of the member who is unable to participate at that 1325
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meeting. 1326
4. If not serving as one of the three members of the 1327
county canvassing board, an alternate member may be present, 1328
observe, and communicate with the three members constituting the 1329
county canvassing boa rd, but may not vote in the board's 1330
decisions or determinations. 1331
(c) If a substitute member or alternate member cannot be 1332
appointed as provided in this subsection, or in the event of a 1333
vacancy in such office, the chief judge of the judicial circuit 1334
in which the county is located must appoint as a substitute 1335
member or alternate member a qualified voter of the county who 1336
is not a candidate with opposition in the election being 1337
canvassed and who is not an active participant, including 1338
endorsing, supporting, or donating, in the campaign or candidacy 1339
of a candidate who has opposition in the election being 1340
canvassed or in the support or opposition of a public measure on 1341
the ballot being canvassed. 1342
(2) IDENTIFICATION. —Each member, substitute member, and 1343
alternate member of the county canvassing board and all clerical 1344
help must wear identification badges during any period in which 1345
the county canvassing board is canvassing votes or engaging in 1346
other official duties. The identification badges must be worn in 1347
a conspicuous or unobstructed area and include the name of the 1348
individual and his or her official position. 1349
(3) LEGAL REPRESENTATION. —The county canvassing board 1350
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shall retain legal counsel, which may be the county attorney. 1351
(4)(2) PUBLIC MEETING NOTICE. — 1352
(a) The county canvassing board shall meet in a building 1353
accessible to the public in the county where the election 1354
occurred at a time and place to be designated by the supervisor 1355
to publicly canvass the absent voters' electors' ballots as 1356
provided for in s. 101.68 and provisional ballots as provided by 1357
ss. 101.048, 101.049, and 101.6925. During each meeting of the 1358
county canvassing board, each political party and each candidate 1359
may have one observer watcher able to view directly or on a 1360
display screen ballot s being examined for signature matching and 1361
other processes. Provisional ballots cast pursuant to s. 101.049 1362
shall be canvassed in a manner that votes for candidates and 1363
issues on those ballots can be segregated from other votes. As 1364
soon as the voters' absent electors' ballots and the provisional 1365
ballots are canvassed, the board shall proceed to publicly 1366
canvass the vote given each candidate, nominee, constitutional 1367
amendment, or other measure submitted to the electorate of the 1368
county, as shown by the retur ns then on file in the office of 1369
the supervisor. 1370
(b) Public notice of the canvassing board members, 1371
alternates, time, and place at which the county canvassing board 1372
shall meet to canvass the voters' absent electors' ballots and 1373
provisional ballots must b e given at least 48 hours prior 1374
thereto by publication on the county's website as provided in s. 1375
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50.0311, on the supervisor's website, or in one or more 1376
newspapers of general circulation in the county. If the 1377
applicable website becomes unavailable or there is no newspaper 1378
of general circulation in the county, the notice must be posted 1379
in at least four conspicuous places in the county. The time 1380
given in the notice as to the convening of the meeting of the 1381
county canvassing board must be specific and may not be a time 1382
period during which the board may meet. 1383
(c) If the county canvassing board suspends or recesses a 1384
meeting publicly noticed pursuant to paragraph (b) for a period 1385
lasting more than 60 minutes, the board must post on the 1386
supervisor's website the anticipated time at which the board 1387
expects to reconvene. If the county canvassing board does not 1388
reconvene at the specified time, the board must provide at least 1389
2 hours' notice, which must be posted on the supervisor's 1390
website, before reconvening. 1391
(d) During any meeting of the county canvassing board, a 1392
physical notice must be placed in a conspicuous area near the 1393
public entrance to the building in which the meeting is taking 1394
place. The physical notice must include the names of the 1395
individuals officiall y serving as the county canvassing board, 1396
the names of any alternate members, the time of the meeting, and 1397
a brief statement as to the anticipated activities of the county 1398
canvassing board. 1399
(5)(3) CANVASS OF RETURNS AND PROVISIONAL BALLOTS. —The 1400
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canvass, except the canvass of voters' absent electors' returns 1401
and the canvass of provisional ballots, must shall be made from 1402
the returns and certificates of the inspectors as signed and 1403
filed by them with the supervisor, and the county canvassing 1404
board may shall not change the number of votes cast for a 1405
candidate, nominee, constitutional amendment, or other measure 1406
submitted to the electorate of the county, respectively, in any 1407
polling place, as shown by the returns. All returns must shall 1408
be made to the board on or before 2 a.m. of the day following 1409
any primary, general, or other election. If the returns from any 1410
precinct are missing, if there are any omissions on the returns 1411
from any precinct, or if there is an obvious error on any such 1412
returns, the canvassing b oard must shall order a retabulation of 1413
the returns from such precinct. Before canvassing such returns, 1414
the canvassing board shall examine the tabulation of the ballots 1415
cast in such precinct and determine whether the returns 1416
correctly reflect the votes cast. If there is a discrepancy 1417
between the returns and the tabulation of the ballots cast, the 1418
tabulation of the ballots cast must shall be presumed correct 1419
and such votes shall be canvassed accordingly. 1420
(6)(4) PRELIMINARY RESULTS. — 1421
(a) The supervisor of elections shal l upload into the 1422
county's election management system by 7 p.m. local time on the 1423
day before the election the results of all early voting and 1424
vote-by-mail ballots that have been canvassed and tabulated by 1425
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the end of the early voting period. Pursuant to ss. 101.5614(8), 1426
101.657, and 101.68(2), the tabulation of votes cast or the 1427
results of such uploads may not be made public before the close 1428
of the polls on election day. 1429
(b) The supervisor of elections, on behalf of the 1430
canvassing board, shall report all early voting and all 1431
tabulated vote-by-mail results to the Department of State within 1432
30 minutes after the polls close. Thereafter, the canvassing 1433
board shall report, with the exception of provisional ballot 1434
results, updated precinct election results must be uploaded to 1435
the department at least every 45 minutes until all results are 1436
completely reported. The supervisor of elections shall notify 1437
the department immediately of any circumstances that do not 1438
permit periodic updates as required. Results must shall be 1439
submitted in a format prescribed by the department. 1440
(7)(5) UNOFFICIAL RETURNS.— 1441
(a) The canvassing board shall submit on forms or in 1442
formats provided by the division unofficial returns to the 1443
Department of State for each federal, statewide, state, or 1444
multicounty office or ballot measure no later than noon on the 1445
third day after any primary election and no later than noon on 1446
the fourth day after any general or other election. Such returns 1447
must shall include the canvass of all ballots , including write-1448
in votes, as required by subsection (5) (2). 1449
(b) After unofficial results are reported, each county 1450
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shall conduct an automated independent vote validation process 1451
to validate that the votes processed through the vote tabulation 1452
system for a candidate for any office, candidate for retention 1453
to a judicial office, or a measure appearing on the ballot do 1454
not: 1455
1. Have a discrepancy of more than one -half of one percent 1456
when compared to the results of the automated independent vote 1457
validation system; or 1458
2. Result in a change in the outcome of the contest. 1459
1460
The automated independent vote validation process must be 1461
completed by no later than noon on the 6th day after any primary 1462
election and no later than noon on the 7th day after any general 1463
or other election. 1464
(c)(6) If the county canvassing board determines , after 1465
the county conducts the automated independent vote validation 1466
process in accordance with s. 101.591 and the comparison of the 1467
results of the vote tabulation and the automated independent 1468
vote validation indicates, that the unofficial returns may 1469
contain a counting error in which the vote tabulation system or 1470
the automated independent vote validation system failed to count 1471
votes that were properly marked in accordance with the 1472
instructions on the ball ot, the county canvassing board shall: 1473
1.(a) Correct the error and retabulate the affected 1474
ballots with the vote tabulation system or the automated 1475
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independent vote validation system ; or 1476
2.(b) Request that the Department of State verify the 1477
tabulation software of the affected system . When the Department 1478
of State verifies such software, the department shall compare 1479
the software used to tabulate the votes with the software filed 1480
with the department pursuant to s. 101.5607 and check the 1481
election parameters. 1482
(8) SYSTEM VALIDATION REVIEW. — 1483
(a)(7) If the comparison of the results of the vote 1484
tabulation system and the automated independent vote validation 1485
system reflects a difference as described in paragraph (7)(b), 1486
the proper county election official unde r the oversight of the 1487
county canvassing board must conduct a system validation review 1488
using the images in the automated independent vote validation 1489
system of the ballots in disagreement, which must include, but 1490
is not limited to, a review of any clear ove rvotes or undervotes 1491
that appear in the automated independent vote validation system 1492
to adjudicate the voter intent of such ballots before 1493
certification of the county's official results unofficial 1494
returns reflect that a candidate for any office was defeate d or 1495
eliminated by one-half of a percent or less of the votes cast 1496
for such office, that a candidate for retention to a judicial 1497
office was retained or not retained by one -half of a percent or 1498
less of the votes cast on the question of retention, or that a 1499
measure appearing on the ballot was approved or rejected by one -1500
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half of a percent or less of the votes cast on such measure, a 1501
recount shall be ordered of the votes cast with respect to such 1502
office or measure. The Secretary of State is responsible for 1503
ordering such system validation review recounts in races that 1504
are federal or, state races that are, and multicounty, and any 1505
other multicounty races. The county canvassing board or the 1506
local board responsible for certifying the election is 1507
responsible for ordering a system validation review under this 1508
subsection recounts in all other races. A system validation 1509
review recount need not be ordered with respect to the returns 1510
for any office, however, if the candidate or candidates defeated 1511
or eliminated from contention for such office by one -half of a 1512
percent or less of the votes cast for such office request in 1513
writing that a system validation review recount not be made. 1514
(a) Each canvassing board responsible for conducting a 1515
recount shall put each marksense ballot through automatic 1516
tabulating equipment and determine whether the returns correctly 1517
reflect the votes cast. If any marksense ballot is phy sically 1518
damaged so that it cannot be properly counted by the automatic 1519
tabulating equipment during the recount, a true duplicate shall 1520
be made of the damaged ballot pursuant to the procedures in s. 1521
101.5614(4). Immediately before the start of the recount, a test 1522
of the tabulating equipment shall be conducted as provided in s. 1523
101.5612. If the test indicates no error, the recount tabulation 1524
of the ballots cast shall be presumed correct and such votes 1525
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shall be canvassed accordingly. If an error is detected, t he 1526
cause therefor shall be ascertained and corrected and the 1527
recount repeated, as necessary. The canvassing board shall 1528
immediately report the error, along with the cause of the error 1529
and the corrective measures being taken, to the Department of 1530
State. No later than 11 days after the election, the canvassing 1531
board shall file a separate incident report with the Department 1532
of State, detailing the resolution of the matter and identifying 1533
any measures that will avoid a future recurrence of the error. 1534
If the automatic tabulating equipment used in a recount is not 1535
part of the voting system and the ballots have already been 1536
processed through such equipment, the canvassing board is not 1537
required to put each ballot through any automatic tabulating 1538
equipment again. 1539
(b) Each canvassing board responsible for conducting a 1540
recount where touchscreen ballots were used shall examine the 1541
counters on the precinct tabulators to ensure that the total of 1542
the returns on the precinct tabulators equals the overall 1543
election return. If there is a discrepancy between the overall 1544
election return and the counters of the precinct tabulators, the 1545
counters of the precinct tabulators shall be presumed correct 1546
and such votes shall be canvassed accordingly. 1547
(c) The canvassing board shall subm it on forms or in 1548
formats provided by the division a second set of unofficial 1549
returns to the Department of State for each federal, statewide, 1550
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state, or multicounty office or ballot measure. The returns 1551
shall be filed no later than 3 p.m. on the 5th day aft er any 1552
primary election and no later than 3 p.m. on the 9th day after 1553
any general election in which a recount was ordered by the 1554
Secretary of State. If the canvassing board is unable to 1555
complete the recount prescribed in this subsection by the 1556
deadline, the second set of unofficial returns submitted by the 1557
canvassing board shall be identical to the initial unofficial 1558
returns and the submission shall also include a detailed 1559
explanation of why it was unable to timely complete the recount. 1560
However, the canvass ing board shall complete the recount 1561
prescribed in this subsection, along with any manual recount 1562
prescribed in s. 102.166, and certify election returns in 1563
accordance with the requirements of this chapter. 1564
(d) The Department of State shall adopt detailed rules 1565
prescribing additional recount procedures for each certified 1566
voting system, which shall be uniform to the extent practicable. 1567
(b)(8) The canvassing board may employ such clerical help 1568
to assist with the work of the board as it deems necessary, wit h 1569
at least one member of the board present at all times, until the 1570
canvass of the returns is completed. The clerical help must 1571
shall be paid from the same fund as inspectors and other 1572
necessary election officials. 1573
(c) The canvassing board shall publish n otice on the 1574
county website as provided in s. 50.0311, on the supervisor of 1575
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elections' website, or once in one or more newspapers of general 1576
circulation in the county of the system validation review, 1577
including the date, time, and place. Such review is open to the 1578
public. 1579
(d) The canvassing board shall submit on forms or in 1580
formats provided by the division a vote validation report to the 1581
department for each federal, statewide, state, or multicounty 1582
office or ballot measure in accordance with paragraph (7)( b). If 1583
the canvassing board is unable to complete the system validation 1584
review by the deadline, the vote validation report submitted by 1585
the canvassing board must be identical to the initial unofficial 1586
returns and the submission must also include a detailed 1587
explanation of the reason the board was unable to timely 1588
complete the system validation review. However, the canvassing 1589
board shall complete the system validation review prescribed in 1590
this subsection, along with any manual review prescribed and 1591
certify official election returns, in accordance with the 1592
requirements of this chapter. 1593
(e) The department shall adopt detailed rules prescribing 1594
additional system validation review procedures for each 1595
certified voting system, which must be uniform to the extent 1596
practicable. 1597
(9) Each member, substitute member, and alternate member 1598
of the county canvassing board and all clerical help must wear 1599
identification badges during any period in which the county 1600
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canvassing board is canvassing votes or engaging in other 1601
official duties. The identification badges should be worn in a 1602
conspicuous and unobstructed area, and include the name of the 1603
individual and his or her official position. 1604
(10)(a) The supervisor shall file a report with the 1605
Division of Elections on the conduc t of the election no later 1606
than 20 business days after the Elections Canvassing Commission 1607
certifies the election. The report must, at a minimum, describe 1608
all of the following: 1609
1. All equipment or software malfunctions at the precinct 1610
level, at a counting location, or within computer and 1611
telecommunications networks supporting a county location, and 1612
the steps that were taken to address the malfunctions. 1613
2. All election definition errors that were discovered 1614
after the logic and accuracy test, and the step s that were taken 1615
to address the errors. 1616
3. All ballot printing errors, vote -by-mail ballot mailing 1617
errors, or ballot supply problems, and the steps that were taken 1618
to address the errors or problems. 1619
4. All staffing shortages or procedural violations b y 1620
employees or precinct workers which were addressed by the 1621
supervisor of elections or the county canvassing board during 1622
the conduct of the election, and the steps that were taken to 1623
correct such issues. 1624
5. All instances where needs for staffing or equi pment 1625
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were insufficient to meet the needs of the voters. 1626
6. Any additional information regarding material issues or 1627
problems associated with the conduct of the election. 1628
(b) If a supervisor discovers new or additional 1629
information on any of the items re quired to be included in the 1630
report pursuant to paragraph (a) after the report is filed, the 1631
supervisor must notify the division that new information has 1632
been discovered no later than the next business day after the 1633
discovery, and the supervisor must file an amended report signed 1634
by the supervisor of elections on the conduct of the election 1635
within 10 days after the discovery. 1636
(c) Such reports must be maintained on file in the 1637
Division of Elections and must be available for public 1638
inspection. 1639
(d) The division shall review the conduct of election 1640
reports to determine what problems may be likely to occur in 1641
other elections and disseminate such information, along with 1642
possible solutions and training, to the supervisors of 1643
elections. 1644
(e) The department shal l submit the analysis of these 1645
reports for the general election as part of the consolidated 1646
reports required under ss. 101.591 and 101.595 to the Governor, 1647
the President of the Senate, and the Speaker of the House of 1648
Representatives by February 15 of each year following a general 1649
election. 1650
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(11) The supervisor shall file with the department a copy 1651
of or an export file from the results database of the county's 1652
voting system and other statistical information as may be 1653
required by the department, the Legislat ure, or the Election 1654
Assistance Commission. The department shall adopt rules 1655
establishing the required content and acceptable formats for the 1656
filings and time for filings. 1657
Section 23. Section 102.143, Florida Statutes, is created 1658
to read: 1659
102.143 Conduct of election report. — 1660
(1)(a) The supervisor shall file a report with the 1661
division on the conduct of the election no later than 15 days 1662
after the election. The report must, at a minimum, describe all 1663
of the following: 1664
1. All equipment or software ma lfunctions at the precinct 1665
level, at a counting location, or within computer and 1666
telecommunications networks supporting a county location ; or 1667
issues encountered with any state approved election system, 1668
including, but not limited to, vote tabulation systems and 1669
automated independent vote validation systems and the steps that 1670
were taken to address the errors. 1671
2. All election definition errors that were discovered 1672
after the logic and accuracy test, and the steps that were taken 1673
to address the errors. 1674
3. All ballot printing errors, vote -by-mail ballot mailing 1675
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errors, or ballot supply problems and the steps that were taken 1676
to address the errors or problems. 1677
4. All staffing shortages or procedural violations by 1678
employees or precinct workers which were addressed by the 1679
supervisor of elections or the county canvassing board during 1680
the conduct of the election, and the steps that were taken to 1681
correct such issues. 1682
5. All instances where the needs for staffing or equipment 1683
were insufficient to meet the nee ds of the voters. 1684
6. Any additional information regarding material issues or 1685
problems associated with the conduct of the election. 1686
(b) If a supervisor discovers new or additional 1687
information for any of the items required to be included in the 1688
report pursuant to paragraph (a) after the report is filed, the 1689
supervisor must notify the division that new information has 1690
been discovered no later than the next business day after the 1691
discovery, and the supervisor must file an amended report signed 1692
by the supervisor of elections on the conduct of the election 1693
within 10 days after the discovery. 1694
(c) Such reports must be maintained on file in the 1695
division and must be available for public inspection. 1696
(2) The division shall review the conduct of election 1697
reports to determine what problems may be likely to occur in 1698
other elections and disseminate such information, along with 1699
possible solutions and training, to the supervisors of 1700
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elections. 1701
(3) For the general election, the department shall submit 1702
the analysis of these reports as part of the post -general 1703
election report required under ss. 101.591 and 101.595 to the 1704
Governor, the President of the Senate, and the Speaker of the 1705
House of Representatives by February 15 of each year following a 1706
general election. 1707
Section 24. Section 102.166, Florida Statutes, is amended 1708
to read: 1709
102.166 Manual review recounts of overvotes and 1710
undervotes.— 1711
(1) If the vote tabulation system indicates and automated 1712
independent vote validation process second set of unofficial 1713
returns pursuant to ss. 101.591 and 102.141 s. 102.141 confirms 1714
indicates that a candidate for any office was defeated or 1715
eliminated by one-quarter of a percent or less of the votes cast 1716
for such office, that a candidate for retention to a judicial 1717
office was retained or not retained by one -quarter of a percent 1718
or less of the votes cast on the question of retention, or that 1719
a measure appearing on the ballot was approved or rejected by 1720
one-quarter of a percent or less of the votes cast on such 1721
measure, a manual review recount of the overvotes and undervotes 1722
cast in the entire geographic jurisdiction of such office or 1723
ballot measure must shall be ordered and conducted in a manner 1724
consistent with s. 102.141(8) unless: 1725
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(a) The candidate or candidates defeated or eliminated 1726
from contention by one -quarter of 1 percent or fewer of the 1727
votes cast for such office request in writing that a manual 1728
review recount not be made; or 1729
(b) The number of overvotes and un dervotes is fewer than 1730
the number of votes needed to change the outcome of the 1731
election. 1732
1733
The Secretary of State is responsible for ordering such manual 1734
reviews in races that are a manual recount for federal or, state 1735
races that are multicounty , and any other multicounty races. The 1736
county canvassing board or local board responsible for 1737
certifying the election is responsible for ordering a manual 1738
review recount for all other races. A manual review recount 1739
consists of a review by a designee of the canvassing board 1740
recount of paper marksense ballots or of digital images from an 1741
independent vote validation system, if applicable of those 1742
ballots by a person. 1743
(2) Any hardware or software used to identify and sort 1744
overvotes and undervotes for a given race or ballot measure must 1745
be certified by the Department of State. Any such hardware or 1746
software must be capable of simultaneously identifying and 1747
sorting overvotes and undervotes in multiple races while 1748
simultaneously counting votes. Overvotes and undervotes must be 1749
identified and sorted while conducting the vote validation 1750
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process recounting ballots pursuant to s. 102.141. Overvotes and 1751
undervotes may be identif ied and sorted physically or digitally. 1752
(3) Any manual review is recount shall be open to the 1753
public. Each political party may designate one person with 1754
expertise in the computer field who must be allowed in the 1755
central counting room when all tests are b eing conducted and 1756
when the official votes are being counted. The designee may not 1757
interfere with the normal operation of the canvassing board. 1758
(4)(a) A vote for a candidate or ballot measure must shall 1759
be counted if there is a clear indication on the ba llot that the 1760
voter has made a definite choice. 1761
(b) The Department of State shall adopt specific rules for 1762
the federal write-in absentee ballot and for each certified 1763
voting system prescribing what constitutes a "clear indication 1764
on the ballot that the v oter has made a definite choice." The 1765
rules must shall be consistent, to the extent practicable, and 1766
may not: 1767
1. Authorize the use of any electronic or 1768
electromechanical reading device to review a hybrid voting 1769
system ballot that is produced using a vote r interface device 1770
and that contains both machine -readable fields and machine -1771
printed text of the contest titles and voter selections, unless 1772
the printed text is illegible; 1773
2. Exclusively provide that the voter must properly mark 1774
or designate his or her choice on the ballot; or 1775
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3. Contain a catch-all provision that fails to identify 1776
specific standards, such as "any other mark or indication 1777
clearly indicating that the voter has made a definite choice." 1778
(c) The rule for the federal write -in absentee ballot must 1779
address, at a minimum, the following issues: 1780
1. The appropriate lines or spaces for designating a 1781
candidate choice and, for state and local races, the office or 1782
ballot measure to be voted, including the proximity of each to 1783
the other and the eff ect of intervening blank lines. 1784
2. The sufficiency of designating a candidate's first or 1785
last name when no other candidate in the race has the same or a 1786
similar name. 1787
3. The sufficiency of designating a candidate's first or 1788
last name when an opposing c andidate has the same or a similar 1789
name, notwithstanding generational suffixes and titles such as 1790
"Jr.," "Sr.," or "III." The rule should contemplate the 1791
sufficiency of additional first names and first initials, middle 1792
names and middle initials, generation al suffixes and titles, 1793
nicknames, and, in general elections, the name or abbreviation 1794
of a political party. 1795
4. Candidate designations containing both a qualified 1796
candidate's name and a political party, including those in which 1797
the party designated is th e candidate's party, is not the 1798
candidate's party, has an opposing candidate in the race, or 1799
does not have an opposing candidate in the race. 1800
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5. Situations where the abbreviation or name of a 1801
candidate is the same as the abbreviation or name of a politic al 1802
party to which the candidate does not belong, including those in 1803
which the party designated has another candidate in the race or 1804
does not have a candidate in the race. 1805
6. The use of marks, symbols, or language, such as arrows, 1806
quotation marks, or the word "same" or "ditto," to indicate that 1807
the same political party designation applies to all listed 1808
offices or the elector's approval or disapproval of all listed 1809
ballot measures. 1810
7. Situations in which an elector designates the name of a 1811
qualified candidate for an incorrect office. 1812
8. Situations in which an elector designates an otherwise 1813
correct office name that includes an incorrect district number. 1814
(5) Procedures for a manual review recount are as follows: 1815
(a) The county canvassing board shall a ppoint as many 1816
counting teams of at least two electors as is necessary to 1817
manually review recount the ballots. A counting team must have, 1818
when possible, members of at least two political parties. A 1819
candidate involved in the race shall not be a member of th e 1820
counting team. 1821
(b) Each duplicate ballot prepared pursuant to s. 1822
101.5614(4) or s. 102.141(8) s. 102.141(7) shall be compared 1823
with the original ballot to ensure the correctness of the 1824
duplicate. 1825
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(c) If a counting team is unable to determine whether t he 1826
ballot contains a clear indication that the voter has made a 1827
definite choice, the ballot must shall be presented to the 1828
county canvassing board for a determination. 1829
(d) The Department of State shall adopt detailed rules 1830
prescribing additional review recount procedures for each 1831
certified voting system which must shall be uniform to the 1832
extent practicable. The rules must, at a minimum, shall address, 1833
at a minimum, the following areas: 1834
1. Security of ballots during the manual review recount 1835
process; 1836
2. Time and place of manual reviews recounts; 1837
3. Public observance of manual reviews recounts; 1838
4. Objections to ballot determinations; 1839
5. Record of manual review recount proceedings; 1840
6. Procedures relating to candidate and petitioner 1841
representatives; and 1842
7. Procedures relating to the certification and the use of 1843
automatic tabulating equipment that is not part of a voting 1844
system. 1845
(6) Nothing in this section precludes a county canvassing 1846
board or local board involved in the manual review recount from 1847
comparing a digital image of a ballot to the corresponding 1848
physical paper ballot during a manual review recount. 1849
Section 25. Subsection (1) of section 104.42, Florida 1850
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Statutes, is amended to read: 1851
104.42 Fraudulent registration and illegal voting; 1852
investigation.— 1853
(1) The supervisor of elections is authorized to 1854
investigate fraudulent registrations and illegal voting and must 1855
to report his or her findings to the local state attorney and 1856
the Office of Election Crimes and Security. 1857
Section 26. Paragraph (b) of subsection (12) of section 1858
106.08, Florida Statutes, is amended to read: 1859
106.08 Contributions; limitations on. — 1860
(12) 1861
(b) A foreign national may not make or offer to make, 1862
directly or indirectly, a contribution or expenditure in 1863
connection with any election held in the state or in connection 1864
with a constitutional amendment proposed by initiative. A 1865
political party, a political committee, an electioneering 1866
communications organization, or a candidate may not knowingly 1867
accept or solicit, directly or indirectly, a contribution from a 1868
foreign national in connection with any election held in this 1869
state or in connection with a constitutional amendment proposed 1870
by initiative. A person or entity who violates this section 1871
commits a felony of the third degree, punishable as provided in 1872
s. 775.082, s. 775.083, or s. 775.084, and shall also be subject 1873
to a civil penalty equal to three times the amount contributed. 1874
Such penalty shall be paid into the General Revenue Fund of this 1875
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state. Any penalty imposed against a person that is not an 1876
individual jointly and severally attaches to the chair of the 1877
entity if the entity does not pay the penalty within 30 days. 1878
The Florida Election Commission shall be responsible for 1879
determining violations, imposing civil penalties, and collecting 1880
any unpaid civil penalties . 1881
Section 27. Section 322.034, Florida Statutes, is created 1882
to read: 1883
322.034 Legal status designation on state -issued driver 1884
licenses and identification cards. — 1885
(1) By July 1, 2026, a drive r license or Florida 1886
identification card issued new or as a renewal to a qualified 1887
applicant must include the legal status of the licensee or 1888
cardholder as either United States citizen or a non -United 1889
States citizen as last recorded in the system at the ti me of the 1890
issuance or renewal. 1891
(2) Notwithstanding this chapter, the department shall, at 1892
no charge, issue or renew a replacement card if a licensee or 1893
cardholder timely updates his or her legal status upon becoming 1894
a citizen of the United States as requ ired in s. 322.19. 1895
Section 28. Paragraph (d) is added to subsection (8) of 1896
section 895.02, Florida Statutes, to read: 1897
895.02 Definitions. —As used in ss. 895.01 -895.08, the 1898
term: 1899
(8) "Racketeering activity" means to commit, to attempt to 1900
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commit, to conspire to commit, or to solicit, coerce, or 1901
intimidate another person to commit: 1902
(d) A violation of the Florida Election Code, relating to 1903
irregularities or fraud involving voter registration, voting, or 1904
candidate petitions. 1905
Section 29. This act shall take effect October 1, 2025. 1906
1907