Florida Senate - 2025 SB 396 By Senator Garcia 36-00339-25 2025396__ 1 A bill to be entitled 2 An act relating to elections; amending s. 97.021, 3 F.S.; defining the term other election system; 4 amending s. 101.015, F.S.; requiring the Department of 5 State to adopt rules relating to the security of 6 certain voting procedures; requiring the department to 7 create a certain manual; requiring the department to 8 adopt by rule certain minimum security standards; 9 requiring county canvassing boards to enforce such 10 standards; requiring county canvassing board manuals 11 to include specified information; requiring county 12 canvassing boards to reconcile certain ballots and 13 forms; requiring the department to develop and adopt 14 certain rules for the physical security of election 15 materials and technology, absentee vote process 16 reporting and observation, and manual cross-checks for 17 certain systems; amending s. 101.131, F.S.; 18 authorizing political action committees and political 19 committees to have poll watchers in polling rooms and 20 early voting areas; revising the date before which 21 poll watchers must be designated; revising the 22 information that must be on a poll watchers 23 identification badge; prohibiting a poll watcher from 24 wearing another poll watchers identification badge; 25 creating s. 101.132, F.S.; authorizing certain persons 26 to designate watchers for absentee vote processing 27 locations; providing requirements for absentee vote 28 processing location work areas and the number of 29 watchers who may observe in each area; providing 30 requirements for such watchers; requiring the 31 Department of State to establish a certain telephone 32 hotline; requiring the department to adopt by rule a 33 certain manual; requiring the department to prescribe 34 certain forms; requiring a supervisor of elections to 35 accept certain forms; requiring a supervisor of 36 elections to furnish a specified list to county 37 canvassing boards; prohibiting certain persons from 38 being designated as watchers; authorizing watchers to 39 enter into specified areas and watch operations in 40 compliance with certain safety recommendations; 41 providing requirements for watcher identification 42 badges; amending s. 101.21, F.S.; requiring a 43 supervisor of elections to determine the actual number 44 of voter certificate envelopes to be printed for each 45 election; providing requirements for printed ballots 46 and voter certificate envelopes; requiring a 47 supervisor of elections to complete a certain report; 48 requiring the county canvassing boards to complete and 49 reconcile the review and approve such report before an 50 election is certified; amending s. 101.545, F.S.; 51 requiring a supervisor of elections to retain 52 envelopes, seals, and video recordings for a certain 53 period; authorizing the destruction of certain 54 election materials after a certain audit is completed 55 and published on the supervisors website; amending s. 56 101.5614, F.S.; requiring certain information to be 57 entered on certain forms; requiring precinct poll 58 workers to conduct certain hand-counted audits; 59 providing requirements and procedures for such audits; 60 providing that certain results may be provided to 61 county canvassing boards for a specified purpose; 62 prohibiting a tabulator from using networking 63 communication hardware; authorizing a supervisor of 64 elections to collect certain data in a certain manner; 65 requiring certain ballots to be duplicated in the 66 presence of certain watchers; authorizing a duplicate 67 to be made by hand duplication; authorizing certain 68 persons to observe the duplication of ballots; 69 requiring a county canvassing board to convene in the 70 presence of certain parties for certain discussions 71 before certification of the election; making technical 72 changes; conforming a cross-reference; amending s. 73 101.595, F.S.; requiring that a certain audit be 74 conducted after each election; providing requirements 75 for the audit; requiring the department to adopt 76 rules; amending s. 101.6103, F.S.; requiring a 77 supervisor of elections to mail ballots with certain 78 envelopes; requiring a supervisor of elections to use 79 separate postal service billing permits for certain 80 purposes; revising actions an elector must take upon 81 receipt of his or her ballot; revising information to 82 be included on the voters certificate; requiring an 83 elector who requests a replacement ballot to provide 84 certain identification; requiring a supervisor of 85 elections to verify signatures on certain sworn 86 statements; revising the circumstances in which such a 87 ballot is counted; requiring a supervisor of elections 88 to keep such ballots stored in an area secured in a 89 specified manner; requiring that the canvassing of 90 mail ballots be open for public observation; amending 91 s. 101.6104, F.S.; requiring a ballot to be treated in 92 a certain manner upon county canvassing board receipt 93 of a challenge of a voter certificate envelope or cure 94 affidavit signature; amending s. 101.62, F.S.; 95 requiring a person requesting a vote-by-mail ballot to 96 provide and attest to an allowed reason for such 97 request; providing such allowed reasons; requiring 98 voters to provide certain information in certain 99 written requests for vote-by-mail ballots; deleting 100 provisions related to absent uniformed services voters 101 and overseas voters; requiring a supervisor of 102 elections to record certain information for each vote 103 by-mail ballot request; revising a statement that must 104 be marked on certain envelopes; amending s. 101.64, 105 F.S.; revising the specified envelopes that a 106 supervisor of elections must enclose with a vote-by 107 mail ballot; revising the voters certificate that 108 accompanies vote-by-mail ballots; amending s. 101.65, 109 F.S.; revising the instructions that a supervisor of 110 elections must enclose with a vote-by-mail ballot; 111 amending s. 101.655, F.S.; requiring a supervisor of 112 elections to provide bipartisan supervised voting for 113 certain absent electors at the request of certain 114 persons; providing requirements for the transportation 115 and chain of custody for ballots delivered to and 116 completed by certain absent voters; requiring a 117 supervised voting team to verify an electors identity 118 in a certain manner; amending s. 101.68, F.S.; 119 requiring a supervisor of elections to verify a 120 certificate signature, a voter certificate envelope, 121 and ballot material in a specified manner; requiring a 122 supervisor of elections to evaluate certain photo 123 identification in a certain manner; requiring a county 124 canvassing board to complete the canvass of certain 125 ballots within a certain timeframe; requiring a county 126 canvassing board to make certain ballot comparisons 127 according to specified records and reports; specifying 128 that certain identification is considered ballot 129 material and must be presented to certain persons; 130 providing that certain envelopes are considered 131 illegal; requiring that logs of certain information be 132 kept; requiring that certain materials be preserved in 133 a specified manner and reviewed for certain purposes; 134 requiring a supervisor of elections to provide direct 135 links to his or her website in certain circumstances; 136 revising the vote-by-mail cure affidavit; authorizing 137 certain persons to inspect certain materials; 138 requiring the review of certain materials in certain 139 circumstances; requiring a supervisor of elections to 140 provide certain persons with certain access to certain 141 ballot materials; prohibiting a supervisor of 142 elections from limiting the time available to certain 143 persons to complete a cure affidavit review during 144 certain periods; providing that a ballot for which a 145 cure affidavit protest is rejected shall be counted; 146 requiring county canvassing board minutes to contain 147 certain information; requiring a supervisor of 148 elections to research certain electors to determine 149 their voter eligibility; providing that certain 150 information must be made available to certain persons; 151 amending s. 101.69, F.S.; revising the process for 152 marking certain returned ballots as canceled; 153 requiring that certain materials be submitted to the 154 Office of Election Crimes and Security for 155 investigation; revising locations at which secure 156 ballot intake stations may be placed; requiring 157 certain daily inspection of secure ballot intake 158 stations during early voting; providing a civil 159 penalty for supervisors of elections for deploying 160 secure ballot intake stations that do not meet certain 161 standards; amending s. 101.6921, F.S.; revising the 162 specified envelopes that a supervisor of elections 163 must enclose with a vote-by-mail ballot; revising the 164 voters certificate; amending s. 101.6923, F.S.; 165 revising the instructions that a supervisor of 166 elections must enclose with certain vote-by-mail 167 ballots; amending s. 102.012, F.S.; requiring a 168 supervisor of elections to recruit absentee vote 169 processing workers; requiring such workers to 170 subscribe to an oath or affirmation and meet certain 171 qualifications; amending s. 102.014, F.S.; requiring a 172 supervisor of elections to conduct required training 173 for absentee vote processing workers; requiring the 174 department to develop a certain uniform training 175 curriculum for use by supervisors of elections; 176 requiring such workers to demonstrate a working 177 knowledge of certain laws and procedures; requiring a 178 supervisor of elections to appoint a replacement for 179 such a worker in certain circumstances; prohibiting an 180 absentee vote processing worker from working in a work 181 area unless he or she completes certain minimum 182 training requirements; revising the contents of the 183 polling place procedures manual; requiring the 184 department to create and adopt by rule an absentee 185 vote processing procedures manual; providing 186 requirements for such manual; requiring the department 187 to revise the manual as necessary; amending s. 188 102.141, F.S.; revising the composition of county 189 canvassing boards; authorizing a supervisor of 190 elections to appoint a municipal official as a 191 substitute member of the county canvassing board; 192 requiring a specified quorum of the county canvassing 193 board for certain proceedings; requiring real-time 194 video monitoring of county canvassing board meetings; 195 requiring meeting minutes to be published on the 196 supervisor of elections website; requiring the county 197 canvassing board to review certain reports each day 198 and take certain actions; requiring the county 199 canvassing board to review certain information before 200 certifying an election; requiring the county 201 canvassing board to address certain discrepancies in a 202 certain manner; requiring a special election in 203 certain circumstances; authorizing the removal from 204 office of the supervisor of elections in certain 205 circumstances; requiring a manual recount to use 206 original paper ballots and voter certificate envelopes 207 in certain circumstances; revising requirements for a 208 county canvassing board conducting a recount; amending 209 s. 102.166, F.S.; authorizing a candidate to request a 210 manual recount of certain votes after a first set of 211 unofficial returns in certain circumstances; revising 212 the percentage of votes by which a candidate is 213 defeated upon which a manual recount of certain votes 214 is required; providing requirements for such recounts; 215 authorizing certain governmental entities to request a 216 manual recount in certain circumstances; requiring a 217 certain audit to be conducted upon delivery of a 218 certain petition; providing requirements for such 219 audit; requiring a manual audit in certain races for 220 which a specified discrepancy exists; conforming a 221 cross-reference; amending s. 104.21, F.S.; providing 222 that an election worker who changes certain envelope 223 information or markings commits a misdemeanor; 224 providing criminal penalties; creating s. 104.291, 225 F.S.; providing that a poll worker who wears the poll 226 worker identification badge of another person commits 227 a misdemeanor; providing criminal penalties; amending 228 s. 104.30, F.S.; providing that a person who prints 229 certain ballots or voter certificate envelopes without 230 authorization commits a felony; providing criminal 231 penalties; providing an effective date. 232 233 Be It Enacted by the Legislature of the State of Florida: 234 235 Section 1.Present subsections (25) through (47) of section 236 97.021, Florida Statutes, are redesignated as subsections (26) 237 through (48), respectively, and a new subsection (25) is added 238 to that section, to read: 239 97.021Definitions.For the purposes of this code, except 240 where the context clearly indicates otherwise, the term: 241 (25)Other election system means any information 242 technology other than a voting system which is used in the 243 election process and which is capable of adding, deleting, or 244 modifying ballots or votes or which stores critical election 245 data. The term includes hosted technologies and service 246 providers that store or have access to critical election data. 247 The term also includes, but is not limited to, the voter 248 registration system, electronic precinct registers, tabulation 249 systems, mail sorters, election night reporting systems, ballot 250 tracking solutions, and future technologies integrated into the 251 election process. 252 Section 2.Present subsections (5), (6), and (7) of section 253 101.015, Florida Statutes, are redesignated as subsections (9), 254 (10), and (11), respectively, new subsections (5), (6), and (7) 255 and subsection (8) are added to that section, and subsections 256 (3) and (4) and present subsection (6) of that section are 257 amended, to read: 258 101.015Standards for voting systems. 259 (3)The Department of State shall adopt rules to achieve 260 and maintain the maximum degree of correctness, impartiality, 261 and efficiency, and security of the procedures of in-person and 262 absentee voting, including write-in voting, and of counting, 263 tabulating, and recording votes by voting systems and other 264 election systems used in this state. 265 (4)(a)The Department of State shall adopt rules 266 establishing minimum security standards for voting systems and 267 create an absentee ballot processing manual adopted by rule 268 which is composed of such standards. The standards, at a 269 minimum, must address the following: 270 1.chain of custody of ballots, including chain of custody 271 forms and procedures for ballots returned by mail, secure ballot 272 intake stations, in-person return, or facsimile, which extends 273 through the work areas of the absentee vote counting location 274 and to storage. Chain of custody standards must: 275 1.Enable monitoring of the ballot transport and receiving 276 process by the county canvassing board and monitoring of 277 precertification audits and postcertification procedural audits. 278 2.Include validation and reporting by the county 279 canvassing board on a daily basis during the election that the 280 required chain of custody forms are properly completed, that 281 chain of custody is not broken, that any exceptions are noted 282 with an action plan to resolve the issue, and that sent and 283 received ballot quantities and seals match and are consistent 284 with the seal number ranges and ballot transport container 285 numbers assigned to particular locations. Such validation and 286 reporting must include objective measures for determining ballot 287 quantities received at the vote counting location and 288 determining ballot quantities when moved between work areas of 289 the vote counting location. 290 3.Require that appropriate corrective measures as 291 determined by the department be taken immediately when the chain 292 of custody is broken. Such measures must include notification 293 and reasonable steps to correct the issue, employee education, 294 disciplinary actions, reassignment, penalties, or criminal 295 referral. 296 4.Provide definitions for and examples of an excessive 297 transport time; a broken seal; a marking that is not legally 298 binding, such as overwritten data entry without proper notation; 299 missing or disparate ballot quantities; and other circumstances 300 that break chain of custody. 301 5.Prohibit the comingling of absentee ballots from a 302 secure ballot intake station, the United States Postal Service, 303 in-person return at the supervisors office or vote counting 304 location, or facsimile until the chain of custody validation is 305 completed from each source. 306 6.If return ballot postage is prepaid by a supervisor, 307 require the supervisor to have separate post office billing 308 permits dedicated to and used exclusively for outgoing ballots 309 and returned ballots to enable auditing. Post office billing 310 records must be reconciled on a daily basis with the number of 311 absentee ballots sent to and received from the United States 312 Postal Service. The supervisor may not use the post office 313 billing permits required under this subparagraph for mailing of 314 other items. 315 7.If return ballot postage is not prepaid by a supervisor, 316 require the supervisor to employ other means to reconcile the 317 number of completed ballots transported between the post office 318 box and the absentee vote counting location or have the ballots 319 delivered directly to the absentee vote counting location. 320 8.Require that ballots returned by registered mail be 321 accepted and tracked in a log used for auditing purposes, if the 322 supervisor or voter chooses to pay for the service. 323 9.Require that chain of custody forms for completed 324 ballots from secure intake stations include fields for all of 325 the following: 326 a.The address of the secure ballot intake station location 327 and ballot transport container number. 328 b.The date and time. 329 c.Verification that the secure ballot intake station was 330 empty at the beginning of the day, with one verifier from each 331 major political party who shall sign and print his or her name 332 and write either empty or not empty to reflect the state in 333 which he or she found the intake receptacle. 334 d.The printed names and signatures of two persons who 335 count the ballots in the secure ballot intake station for 336 transport at the close of the days authorized voting hours, 337 place the ballots in an assigned ballot transport container, and 338 place a seal on the ballot transport container. 339 e.The seal number placed on the ballot transport 340 container. 341 f.The printed names and signatures of two transporters 342 accepting custody of the sealed voter certificate envelopes and 343 the seal number observed. 344 g.The transport vehicle type and license plate number. 345 h.The transporter departure time, the seal number on the 346 ballot transport container, and a checkbox to confirm that the 347 seal is intact at the handoff. 348 i.The printed names and signatures of two vote counting 349 center staff accepting custody of the voter certificate 350 envelopes from transporters, the date, the time, the seal 351 number, a checkbox to confirm that the seal is intact, the 352 quantity counted, and the method used to count. 353 j.The ballot transport container number. 354 k.Explanations for form anomalies or missing data, 355 including excessive transport times, which includes any 356 documented period of transport that exceeds 12 hours. 357 10.Require that the supervisor be notified if a ballot is 358 found in the secure ballot intake station at the beginning of 359 the day. The supervisor shall research the origin of the ballot, 360 and if the supervisor determines that the ballot was placed in 361 the intake receptacle during authorized voting hours during the 362 previous day, the ballot must be processed. If the supervisor 363 determines that the ballot was placed in the intake receptacle 364 outside of authorized voting hours or that the ballot envelope 365 does not display a valid county election serial number, the 366 supervisor must notify the voter that his or her ballot may not 367 be counted unless it is cured, send the voter instructions to 368 complete a cure affidavit, and refer the matter to the Office of 369 Election Crimes and Security for investigation. 370 11.Provide that the facsimile used to send and receive 371 uniformed and overseas voter ballots may be used only for that 372 function, and the facsimile transmission logs must be printed 373 daily, retained, and made available to the county canvassing 374 board, state and county inspectors and auditors, and public 375 watchers. 376 12.Require the maintenance of ballot-on-demand print logs. 377 The logs must be made available to the county canvassing board, 378 state and county inspectors and auditors, and public watchers. 379 13.Require, after the county canvassing board completes 380 the daily validation of the chain of custody, the number of 381 absentee ballots received at the vote counting location to be 382 posted daily, by source, on the supervisors website. Any chain 383 of custody or validation issues must be noted in the daily chain 384 of custody report, entered into the county canvassing boards 385 minutes, and reported to the department. 386 14.Require each ballot and envelope to have a unique 387 county election serial number. The unique county election serial 388 number must include at least 11 digits. The first 2 digits must 389 identify the county, and the next 4 digits must identify the 390 month and year of the election. Such numbers may not be repeated 391 for 5 years. A supervisor must ensure that vendors are properly 392 allocated distinct ranges of numbers and that produced materials 393 contain only the allocated ranges of numbers before the ballots 394 and envelopes are mailed. Additional security measures must be 395 implemented to protect ballots from being illegally duplicated, 396 distributed, or inserted, including the sourcing of ballots and 397 envelopes to separate vendors. 398 (b)The standards included in the absentee ballot 399 processing manual must be enforced by the county canvassing 400 board before opening voter certificate envelopes and by audit 401 before election certification, with disciplinary penalties for 402 noncompliance. The county canvassing board manual must include 403 procedures for monitoring of the chain of custody of ballots and 404 portable storage media, manual cross-check reports, and manual 405 counts. 406 (c)Before certifying an election, the county canvassing 407 board shall reconcile the number of ballots transported from 408 secure ballot intake stations, the United States Postal Service, 409 in-person return at the supervisors office or vote counting 410 location, and facsimile with the number of absentee ballots 411 counted. The county canvassing board shall also reconcile the 412 chain of custody forms with the number of ballots transported 413 from the vote counting location to storage and the number of 414 ballots counted. Both reconciliation reports require approval by 415 the Department of State before certification of the election and 416 must be promptly published on the supervisors website. 417 (5)The Department of State shall develop and adopt rules 418 for the physical security of election materials and technology, 419 which must include all of the following: 420 (a)Standards for building security at absentee vote 421 counting locations. Electronic badge access must be required to 422 gain access to the absentee vote counting location and to secure 423 storage areas within the building. All employees and visitors, 424 including vendors, must be required to visibly wear photo 425 identification badges at all times. 426 (b)That an absentee vote counting location be in the 427 supervisor of elections office or a standalone building that 428 may include gated fencing. Absentee vote counting locations must 429 have video surveillance of all building and parking lot entries 430 and exits. 431 (c)That cable and other ports be sealed on all systems 432 left unattended overnight at any early voting location. 433 (d)Standards for secure ballot intake stations. Secure 434 ballot intake stations must be located inside polling places or 435 the main office of and, if used, any branch office of a 436 supervisor. A supervisor may only use a brand or model of secure 437 ballot intake station which the Department of State has 438 certified as secure. Secure ballot intake stations must be 439 inspected and audited by bipartisan state or county teams 440 accompanied by public watchers. 441 (e)That ballots be transported by at least two persons, 442 each representing a different major political party. A duplicate 443 copy of the ballot transport form must be placed inside the 444 ballot transport container before the container is sealed. 445 (f)That once received at a vote counting location, a 446 sealed ballot transport container be stored in a secured area 447 under video surveillance and accessible only by electronic badge 448 access. Compliance must be validated by the county canvassing 449 board with public observation. 450 (g)A prohibition on opening any sealed container of 451 completed ballots without observation by members of both major 452 parties and the public. 453 (h)That portable storage media be stored in a secured area 454 under video surveillance and accessible only by electronic badge 455 access. 456 (i)That the chain of custody of ballots, including a 457 detailed description of forms and procedures to create a 458 complete record of custody of ballots and paper outputs, begin 459 with the ballot design and the receipt of ballots from all 460 sources until such time as the ballots are destroyed. 461 (6)The Department of State shall adopt rules providing 462 absentee vote process reporting and observation requirements of 463 the supervisor of elections to state, county, and public 464 preelection inspectors, election monitors, preelection 465 certification audits, and postelection certification procedural 466 audits. The rules must address: 467 (a)Reporting during and after the election cycle. 468 (b)Video viewing, video streaming of all ballot 469 processing, video recording storage, and public records requests 470 for video recordings. 471 (c)In-person observation. 472 (d)United States Postal Service liaison and monitoring. 473 (e)A ballot accounting report that must be completed by 474 the supervisor and reviewed by the canvassing board before 475 election certification. The ballot accounting report must 476 reconcile: 477 1.The number of ballots tabulated in precincts, the number 478 of voters that checked in, and the number of ballots counted 479 during each day of early voting and election day. 480 2.The number of absentee ballots tabulated in the absentee 481 vote processing location each day and the chain of custody form 482 ballot totals from secure ballot intake stations, the United 483 States Postal Service, facsimile logs, and in-person drop off 484 each day. 485 3.The number of absentee ballots mailed out equals the 486 number of outbound ballots billed by the post office. 487 4.The number of ballots acquired or printed, including 488 ballot-on-demand ballots, and the number of ballots used, 489 unused, spoiled, duplicated, and unreturned. 490 (f)Audits conducted by bipartisan state and county audit 491 teams with public observation to confirm that the required chain 492 of custody forms and processes are in compliance. Such audits 493 must include examination of post office billing records, fax 494 logs, and chain of custody forms. The rules must provide for 495 disciplinary actions and criminal referrals when appropriate. 496 The rules must require that if it is determined in a 497 postcertification audit that the number of ballots involved in 498 chain of custody breaches in an election exceed the margin of 499 victory in any race in that election, such race must be deemed 500 invalid and a special election must be held to fill the office 501 in accordance with chapter 100. If an audit failure is 502 determined to be due to chain of custody mismanagement, an audit 503 failure report must be generated by the Secretary of State and 504 made available to the public, and the supervisor overseeing the 505 process may be disciplined or removed from office. 506 (7)The Department of State shall adopt rules that include 507 manual cross-checks for legacy systems and systems that have 508 networking or other communication capability to ensure that such 509 systems have not been compromised by unauthorized changes in 510 settings, data manipulation, or malware. The rules must require: 511 (a)That early voting sites reconcile and report daily at 512 the close of authorized voting hours the: 513 1.Number of ballots tabulated by precinct tabulator, as 514 calculated by subtracting the cumulative tabulator count at the 515 end of the prior day from the cumulative count of the current 516 day. 517 2.Number of completed ballots processed through the 518 precinct tabulator and transported to storage. 519 3.Number of voters who checked in to the precinct. 520 4.Number of blank ballots processed through precinct 521 tabulator. All blank ballots must be placed in a separate 522 envelope to enable auditing. 523 (b)That, after the polls are closed on the first day of 524 early voting and on election day, precinct poll workers conduct 525 a hand count audit of both a randomly chosen race and the race 526 for the highest office on the ballot. In view of the public, 527 ballots must be placed in stacks according to the candidate 528 chosen on the ballots for that race. A poll worker from each of 529 the two largest political parties shall hand count those ballots 530 and verify the candidate choice. This process must be repeated 531 as necessary until the hand count totals from each poll worker 532 match. Hand count totals must be noted and compared to the 533 machine count. Any discrepancies must be flagged and reported to 534 the supervisor of elections and posted for the public. The 535 supervisor shall verify any discrepancies over the next 3 days 536 with interested members of the public and at least one person 537 from each major political party present. If the supervisor 538 determines that there is a discrepancy, all ballots for the 539 entire precinct must be hand counted, and those results, once 540 verified, override the machine count. 541 (c)That, at least once during each day of absentee ballot 542 canvassing, election workers conduct hand count cross-checks of 543 each tabulator for a randomly chosen race on batches of ballots. 544 In view of the public, ballots must be placed in stacks 545 according to the candidate chosen on the ballots for that race. 546 An election worker shall hand count those ballots and verify and 547 any discrepancies flagged, reported, and verified according to 548 the process required under paragraph (b). If the supervisor 549 determines that there is a discrepancy, all ballots for the 550 entire precinct must be hand counted, and those results, once 551 verified, override the machine count. Any tabulator that 552 produces erroneous results must be taken out of service until 553 the cause of the error is determined and corrected. When random 554 batches are analyzed, the contents of output sorter bins must be 555 inspected to validate proper sorting. 556 (d)That, if an automated signature verification system is 557 used, the settings be verified and documented four times each 558 day. The settings must be corrected if the settings are found to 559 be out of compliance. After such verification and, if necessary, 560 correction, signatures on 20 voters certificates must be 561 compared manually to determine if the signature verification 562 algorithm is functioning properly. If there is a discrepancy, 563 the signatures must be verified manually until the system is 564 replaced or the cause of the issue is determined and corrected. 565 The employee performing this verification must sign the 566 verification form and print his or her name, the date, the time, 567 and the outcome. 568 (e)That, if an automated target duplication is used, 20 569 original ballots be compared four times each day to the original 570 ballot displayed on the duplication machine console to ensure 571 that the ballot is correctly displayed. If the display is 572 inconsistent, duplication must be completed manually until the 573 cause of the issue is determined and corrected. 574 (f)That, if an outbound mail assembly and sorter is used, 575 the transfer of outgoing ballots from the dock be under video 576 surveillance. After each batch is assembled and sorted, the 577 batch report quantity must be compared to the number of ballots 578 received at the dock, as determined by weight. 579 (g)That, if an inbound mail sorter is used, the number of 580 inbound envelopes processed daily be compared to the number of 581 ballots received at the dock as documented in chain of custody 582 forms from secure ballot intake stations and the United States 583 Postal Service. 584 (h)That the voter registration database be analyzed 585 monthly for registration anomalies. Any anomalies must be 586 investigated and corrected. The database must be backed up daily 587 using a method that preserves the history of any changes made in 588 a manner that allows for restoration to previous versions of the 589 history at any time. The supervisor shall use a department 590 approved storage device that uses technologies such as a write 591 once, read many, or WORM, device, as appropriate. The 592 supervisor shall immediately, automatically, and securely 593 transmit to the department an identical copy of the database 594 backup. The supervisor and the department shall each retain the 595 database backup for at least 5 years. Such backups may be used 596 by internal auditors, independent third-party auditors, major 597 political parties, and the public for the purpose of auditing 598 voter registration transactions. 599 (i)That any changes or additions made in the 60-day period 600 preceding election day be tracked and audited by an independent 601 auditor. Audit reports must be made available to the public at 602 no charge and must include the mode and location of unauthorized 603 new registrations, registration updates, or deletions occurring 604 in the 60-day period preceding election day, and the voted 605 status of every registrant registered to vote in the election. A 606 person may not be removed from the voter roll until the audit is 607 complete. An archived dataset of persons removed from the voter 608 roll, including each persons voting history, must be maintained 609 for auditing purposes. The archived dataset must be included 610 upon request with any distribution of the voter roll. 611 (j)That, if new technologies are tested during an 612 election, the supervisor posts, in a conspicuous location 613 visible to the public within the vote counting center and all 614 election locations, a notice providing the location, date, and 615 time of such testing. All machines and election equipment in 616 testing must clearly be labeled as such. 617 (k)That procedures for manual counts include video 618 recording and public observation a detailed description of 619 procedures to create a complete written record of the chain of 620 custody of ballots and paper outputs beginning with their 621 receipt from a printer or manufacturer until such time as they 622 are destroyed. 623 2.Transport of ballots, including a description of the 624 method and equipment used and a detailed list of the names of 625 all individuals involved in such transport. 626 3.Ballot security, including a requirement that all 627 ballots be kept in a locked room in the supervisors office, a 628 facility controlled by the supervisor or county canvassing 629 board, or a public place in which the county canvassing board is 630 canvassing votes until needed for canvassing and returned 631 thereafter. 632 (8)(a)(b)1.Each supervisor shall establish written 633 procedures to assure accuracy and security in his or her county, 634 including procedures related to early voting pursuant to s. 635 101.657. Such procedures shall be reviewed in each odd-numbered 636 year by the department. 637 (b)2.Each supervisor shall submit any revisions to the 638 security procedures to the department at least 45 days before 639 early voting commences pursuant to s. 101.657 in an election in 640 which they are to take effect. 641 (10)(6)All electronic and electromechanical voting systems 642 purchased on or after January 1, 1990, must meet the minimum 643 standards established under subsection (1). All electronic and 644 electromechanical voting systems in use on or after July 1, 645 1993, must meet the minimum standards established under 646 subsection (1) or subsection (9) (5). 647 Section 3.Subsections (1), (2), and (5) of section 648 101.131, Florida Statutes, are amended to read: 649 101.131Watchers at polls. 650 (1)Each political party, political action committee, 651 political committee, and each candidate may have one watcher in 652 each polling room or early voting area at any one time during 653 the election. A political committee formed for the specific 654 purpose of expressly advocating the passage or defeat of an 655 issue on the ballot may have one watcher for each polling room 656 or early voting area at any one time during the election. A No 657 watcher may shall be permitted to come as close closer to the 658 officials table, tabulator, secure ballot intake station, or 659 the voting booths as than is reasonably necessary to properly 660 perform his or her functions, and must but each shall be allowed 661 within the polling room or early voting area to watch and 662 observe the conduct of electors and officials. The poll watchers 663 shall furnish their own materials and necessities and may shall 664 not obstruct the orderly conduct of any election. The poll 665 watchers shall pose any questions regarding polling place 666 procedures directly to the clerk for resolution. Poll watchers 667 They may not interact with voters. Each poll watcher must shall 668 be a qualified and registered elector of the county in which he 669 or she serves. 670 (2)Each political party, political action committee, each 671 political committee, and each candidate requesting to have poll 672 watchers shall designate, in writing to the supervisors of 673 elections, on a form prescribed by the division, before noon of 674 the second Tuesday preceding the election poll watchers for each 675 polling room on election day. Designations of poll watchers for 676 early voting areas must shall be submitted in writing to the 677 supervisor of elections, on a form prescribed by the division, 678 before noon on the 5th business day at least 14 days before 679 early voting begins. The poll watchers for polling rooms must 680 shall be approved by the supervisor of elections on or before 681 the Tuesday before the election. Poll watchers for early voting 682 areas must shall be approved by the supervisor of elections no 683 later than 7 days before early voting begins. The supervisor 684 shall furnish to each election board a list of the poll watchers 685 designated and approved for such polling rooms or early voting 686 areas. Designation of poll watchers shall be made by the chair 687 of the county executive committee of a political party, the 688 chair of a political action committee, the chair of a political 689 committee, or the candidate requesting to have poll watchers. 690 (5)The supervisor of elections shall provide to each 691 designated poll watcher an identification badge which identifies 692 the poll watcher by first name and last initial. Each poll 693 watcher must wear his or her identification badge while 694 performing his or her duties. A poll watcher may not wear 695 another poll watchers identification badge. A poll watcher who 696 wears another poll watchers identification badge must be 697 reported to the supervisor and may be removed from the premises 698 for the day. 699 Section 4.Section 101.132, Florida Statutes, is created to 700 read: 701 101.132Watchers at absentee vote processing locations. 702 (1)Each political party, political action committee, 703 political committee, and candidate may designate one absentee 704 vote processing watcher to observe in each of the following work 705 areas of the absentee vote counting location or any other 706 location at any time during the election process where the 707 following functions are performed: 708 (a)Outgoing ballot assembly, sorting, and mailing. 709 (b)Securing of secure ballot intake stations. 710 (c)Loading and unloading of transport vehicles. 711 (d)Receiving and sorting of incoming ballots. 712 (e)Verifying voter certificate envelope signatures by an 713 automated process. 714 (f)Manual review of voter certificate envelopes. 715 (g)Review of staff signatures of cure affidavits. 716 (h)Opening of voter certificate envelopes. 717 (i)Duplication. 718 (j)Tabulation. 719 (2)(a)Each work area must be designed and arranged in 720 advance by the supervisor to provide adequate space for at least 721 four watchers at any given time. Different watchers may observe 722 simultaneously on behalf of a candidate, political party, 723 political action committee, or political committee in different 724 work areas. 725 (b)If more than two political party, political action 726 committee, political committee, or candidate watchers are 727 designated to observe in a specified work area with limited 728 space in the same time period, the first two watchers from each 729 major party for which designations are received must be allowed 730 to observe. 731 (c)Two public watchers may also be present in each work 732 area at any given time. If more than two public watchers request 733 to observe in a specified work area with limited space in the 734 same time period, the first two watchers from different major 735 political parties for which requests are received shall be 736 allowed to observe. 737 (d)If a work area is not large enough to accommodate at 738 least four watchers, the supervisor may employ alternate methods 739 to enable meaningful observation by a watcher, including the use 740 of video, mirrored displays, catwalks, or viewing windows. The 741 department must provide criteria for determining whether an 742 alternate observation method enables meaningful observation. 743 (e)When direct observation of manual processes or machine 744 operators is conducted, each work area is limited to one watcher 745 for each staff member conducting operations. 746 (f)Work area watchers may come as close as is reasonably 747 necessary to properly observe workers and technology without 748 impeding workflow. The absentee vote processing location 749 watchers shall furnish their own materials and necessities and 750 may not obstruct the orderly conduct of any election. Watchers 751 shall pose any questions regarding absentee vote processing 752 procedures directly to the work area supervisor for resolution. 753 Watchers may not provide work direction to absentee vote 754 processing personnel but may ask questions for understanding and 755 offer personal greetings. Each watcher must be a qualified and 756 registered elector of the county in which he or she serves. The 757 department must establish a telephone hotline through which a 758 watcher may report violations of law, including required 759 security standards, and submit a work ticket to a state 760 official. 761 (g)The department shall adopt by rule an absentee vote 762 processing manual that includes guidelines for meaningful 763 observation and reporting for all methods of observation. 764 (3)(a)The department shall prescribe an absentee vote 765 processing watcher request form that allows a person to request 766 to serve as an absentee vote processing watcher at any given 767 location and an absentee vote processing watcher designation 768 form that allows a political party, political action committee, 769 political committee, or candidate to designate a watcher for a 770 specific work area. 771 (b)A request to serve as a watcher for a political party, 772 political action committee, political committee, or candidate 773 must be accepted by the supervisor if received at least 5 days, 774 including weekends, before the first day of requested 775 observation. A watcher may complete a form for multiple 776 political parties, political action committees, political 777 committees, or candidates. A watcher is not required to be a 778 member of or align with a political party to observe vote 779 processing activities. 780 (c)Public requests to be absentee vote processing watchers 781 must be accepted by the supervisor if received at least 5 days, 782 including weekends, before the first day of requested 783 observation. A watcher may alternate between work areas and 784 participate on any day of the absentee vote counting process 785 without notice. 786 (d)Different watchers may observe election activities 787 occurring simultaneously on behalf of any candidate, political 788 party, political action committee, or political committee. A 789 watcher who has previously completed an absentee vote processing 790 watcher request form that is filed with the supervisor may 791 substitute for another watcher without prior notice. 792 (e)A watcher may be relieved by another watcher designated 793 for the same political party, political action committee, 794 political committee, or candidate whenever necessary. 795 (f)The supervisor shall furnish to each canvassing board 796 member a list of watchers for whom an absentee vote processing 797 watcher request form has been approved and for whom an absentee 798 vote processing watcher designation form has been received. 799 Designation forms must be completed by the chair of the county 800 executive committee of each political party, chair of a 801 political action committee, chair of a political committee, or 802 candidate. 803 (4)A candidate or a sheriff, a deputy sheriff, a police 804 officer, or another law enforcement officer may not be 805 designated as an absentee vote processing watcher. 806 (5)An absentee vote processing watcher may enter into and 807 watch operations in any work area listed in subsection (1) if 808 the number of watchers in the work area does not exceed the 809 number recommended by the department or the voting center 810 capacity safety recommendations by the local fire department. 811 (6)The supervisor shall provide to each designated 812 absentee vote processing watcher an identification badge that 813 identifies the watcher by first name and last initial. Each 814 watcher must wear his or her identification badge while 815 performing his or her duties. The designated absentee vote 816 processing watcher badge must be surrendered to the supervisor 817 at the end of the day. 818 Section 5.Section 101.21, Florida Statutes, is amended to 819 read: 820 101.21Official ballots; number; printing; payment. 821 (1)Where applicable, The supervisor of elections shall 822 determine the actual number of ballots and voter certificate 823 envelopes to be printed for each election. The ballots and voter 824 certificate envelopes must be sourced from different vendors, 825 and the voter certificate envelopes must have serial numbers or 826 other markings that may be used to detect unauthorized printing 827 or submission of illegal envelopes. 828 (2)The supervisor of elections shall complete a ballot, 829 envelope, and seal accounting report before an election may be 830 certified. The ballot, envelope, and seal accounting report must 831 reconcile the number of ballots printed by an official printer 832 or in-house with the number of ballots: 833 (a)Distributed to absentee voters. 834 (b)Distributed to in-person voting sites. 835 (c)Completed and received from absentee voters. 836 (d)Completed and received from in-person voting sites. 837 (e)Distributed but not returned by absentee voters. 838 (f)Distributed and returned unvoted from in-person voting 839 sites. 840 (g)Not distributed. 841 (h)Spoiled. 842 (i)Used for duplication. 843 (j)Placed in storage at the end of the election as voted 844 or unvoted. 845 (3)Review and approval of the ballot, envelope, and seal 846 accounting report must be completed and reconciled by the county 847 canvassing board before the election is certified and by a state 848 or county auditing team after the election is certified. 849 Purchase order records of marksense paper, ballots, and 850 envelopes as well as print-on-demand and facsimile records must 851 be made available to auditors and the public at no charge. 852 (4)The printing and delivery of ballots and cards of 853 instruction shall, in a municipal election, be paid for by the 854 municipality, and in all other elections by the county. 855 Section 6.Section 101.545, Florida Statutes, is amended to 856 read: 857 101.545Retention and destruction of certain election 858 materials.All ballots, envelopes, seals, video recordings, 859 forms, and other election materials shall be retained in the 860 custody of the supervisor of elections for a minimum of 22 861 months after an election and in accordance with the schedule 862 approved by the Division of Library and Information Services of 863 the Department of State. All unused ballots, envelopes, seals, 864 forms, and other election materials may, with the approval of 865 the Department of State, be destroyed by the supervisor after 866 the election for which such ballots, forms, or other election 867 materials were to be used a postcertification audit is completed 868 and published on the supervisors website. 869 Section 7.Section 101.5614, Florida Statutes, is amended 870 to read: 871 101.5614Canvass of returns. 872 (1)As soon as the polls are closed, the election board 873 shall secure the voting devices against further voting. The 874 election board shall thereafter, in the presence of members of 875 the public desiring to witness the proceedings, verify the 876 number of voted ballots, unused ballots, provisional ballots, 877 and spoiled ballots to ascertain whether such number corresponds 878 with the number of ballots issued by the supervisor. If there is 879 a difference, this fact shall be reported in writing to the 880 county canvassing board with the reasons therefor if known. The 881 total number of voted ballots shall be entered on the forms 882 provided. The number of ballots processed through the tabulator 883 on election day, the number of blank ballots processed through 884 the tabulator, and the number of persons checking in at the 885 precinct shall also be entered on the forms provided. Precinct 886 poll workers shall conduct a hand count audit of a randomly 887 chosen race. Ballots must be placed in stacks according to the 888 candidate chosen on the ballots for that race. Those ballots 889 must be hand counted by two poll workers from different major 890 political parties, and candidate choice must be verified in the 891 process. Totals must be noted and compared to the machine count. 892 Any discrepancies must be flagged and reported to the supervisor 893 of elections office and noted on the poll tape posted for the 894 public. The supervisor shall verify any discrepancies over the 895 next 3 days with interested members of the public and a member 896 of each party present. If the supervisor determines that there 897 is a discrepancy, all ballots for the entire precinct must be 898 hand counted using the original paper ballots, and those 899 results, once verified, override the machine counts. The number 900 of tickets printed to receive ballots must be compared with the 901 number of persons noted by the electronic precinct register 902 system as checked in, and any discrepancies must be resolved or 903 documented. The proceedings of the election board at the 904 precinct after the polls have closed must shall be open to the 905 public; however, no person except for a member of the election 906 board, a person may not shall touch any ballot or ballot 907 container or interfere with or obstruct the orderly count of the 908 ballots. 909 (2)The results of ballots tabulated at precinct locations 910 may be provided to the county canvassing board transmitted to 911 the main computer system for the purpose of reconciliation of 912 chain of custody and compilation of complete returns. The 913 tabulator may not use networking communication hardware. 914 However, the supervisor may collect preliminary precinct 915 election results data from tabulators using a portable storage 916 device secure from manipulation, such as a write once, read 917 many, or WORM, device, and insert the data into a secure 918 computer dedicated to transmitting such data to the elections 919 office. The security guidelines for transmission of returns 920 shall conform to rules adopted by the Department of State 921 pursuant to s. 101.015. 922 (3)For each ballot or ballot image on which write-in votes 923 have been cast, the canvassing board shall compare the write-in 924 votes with the votes cast on the ballot; if the total number of 925 votes for any office exceeds the number allowed by law, such 926 votes may shall not be counted. All valid votes shall be tallied 927 by the canvassing board. 928 (4)(a)If any vote-by-mail ballot is physically damaged so 929 that it cannot properly be counted by the voting systems 930 automatic tabulating equipment, a true duplicate copy shall be 931 made of the damaged ballot in an open and accessible room in the 932 presence of watchers from at least two different political 933 parties witnesses and substituted for the damaged ballot. 934 Likewise, a duplicate ballot must shall be made of a vote-by 935 mail ballot containing an overvoted race if there is a clear 936 indication on the ballot that the voter has made a definite 937 choice in the overvoted race or ballot measure. A duplicate must 938 shall include all valid votes as determined by the canvassing 939 board based on rules adopted by the division pursuant to s. 940 102.166(8) s. 102.166(4). A duplicate may be made of a ballot 941 containing an undervoted race or ballot measure if there is a 942 clear indication on the ballot that the voter has made a 943 definite choice in the undervoted race or ballot measure. A 944 duplicate may not include a vote if the voters intent in such 945 race or on such measure is not clear. Upon request, candidates, 946 political party officials, and political committee officials, 947 and authorized designees thereof, and public watchers a 948 physically present candidate, a political party official, a 949 political committee official, or an authorized designee thereof, 950 must be allowed to observe the duplication of ballots upon 951 signing an affidavit affirming his or her acknowledgment that 952 disclosure of election results discerned from observing the 953 ballot duplication process while the election is ongoing is a 954 felony, as provided under subsection (8). The observer must be 955 allowed to observe the duplication of ballots in such a way that 956 the observer is able to see the markings on each ballot and the 957 duplication taking place. All duplicate ballots must be clearly 958 labeled duplicate, bear a serial number which must shall be 959 recorded on the defective ballot, and be counted in lieu of the 960 defective ballot. The duplication of ballots must happen in the 961 presence of at least one canvassing board member and watchers 962 from at least two different political parties. After a ballot 963 has been duplicated, the defective ballot must shall be placed 964 in an envelope provided for that purpose, and the duplicate 965 ballot must shall be tallied with the other ballots for that 966 precinct. If any observer makes a reasonable objection to a 967 duplicate of a ballot, the ballot must be presented to the 968 canvassing board for a determination of the validity of the 969 duplicate. The canvassing board must document the serial number 970 of the ballot in the canvassing boards minutes. The canvassing 971 board must decide whether the duplication is valid. If the 972 duplicate ballot is determined to be valid, the duplicate ballot 973 must be counted. If the duplicate ballot is determined to be 974 invalid, the duplicate ballot must be rejected and a proper 975 duplicate ballot must be made and counted in lieu of the 976 original. 977 (b)A true duplicate copy shall be made of each federal 978 write-in absentee ballot in the presence of watchers witnesses 979 and substituted for the federal write-in absentee ballot. A 980 duplicate may be made by hand duplication observed by watchers 981 of both major political parties. The duplicate ballot must 982 include all valid votes as determined by the canvassing board 983 based on rules adopted by the division pursuant to s. 102.166(8) 984 s. 102.166(4). All duplicate ballots must shall be clearly 985 labeled duplicate, bear a serial number that must shall be 986 recorded on the federal write-in absentee ballot, and be counted 987 in lieu of the federal write-in absentee ballot. After a ballot 988 has been duplicated, the federal write-in absentee ballot must 989 shall be placed in an envelope provided for that purpose, and 990 the duplicate ballot must shall be tallied with other ballots 991 for that precinct. 992 (5)If there is no clear indication on the ballot that the 993 voter has made a definite choice for an office or ballot 994 measure, the electors ballot may shall not be counted for that 995 office or measure, but the ballot may shall not be invalidated 996 as to those names or measures which are properly marked. 997 (6)Vote-by-mail ballots may be counted by the voting 998 systems automatic tabulating equipment if they have been marked 999 in a manner which will enable them to be properly counted by 1000 such equipment. 1001 (7)The return printed by the voting systems automatic 1002 tabulating equipment, to which has been added the return of 1003 write-in, vote-by-mail, and manually counted votes and votes 1004 from provisional ballots, constitutes shall constitute the 1005 official return of the election upon certification by the 1006 canvassing board. Upon completion of the count, the returns must 1007 shall be open to the public. A copy of the returns may be posted 1008 at the central counting place or at the office of the supervisor 1009 of elections in lieu of the posting of returns at individual 1010 precincts. 1011 (8)Any supervisor of elections, deputy supervisor of 1012 elections, canvassing board member, election board member, 1013 election employee, or other person authorized to observe, 1014 review, or inspect ballot materials or observe canvassing who 1015 releases any information about votes cast for or against any 1016 candidate or ballot measure or any results of any election 1017 before the closing of the polls in that county on election day 1018 commits a felony of the third degree, punishable as provided in 1019 s. 775.082, s. 775.083, or s. 775.084. 1020 (9)The county canvassing board shall officially convene in 1021 the presence of candidates, designees of political action 1022 committees, political committees, or political parties, and the 1023 public to discuss all election results and the necessary next 1024 steps required to officially determine election results, 1025 including recounts, runoffs, hand counts, audits, or any other 1026 activities necessary before certification of the election. 1027 Section 8.Subsection (4) is added to section 101.595, 1028 Florida Statutes, to read: 1029 101.595Analysis and reports of voting problems. 1030 (4)A postcertification procedural audit must be conducted 1031 after each election. The department shall adopt rules for the 1032 conduct of such audit, which must include the audit of each of 1033 the following: 1034 (a)Chain of custody forms and procedures. 1035 (b)Signature verification on vote-by-mail ballot requests, 1036 voter certificate envelopes, and curing. 1037 (c)Handling of public inspector protests and challenges. 1038 (d)Canvassing board duties. 1039 (e)Physical security. 1040 (f)All blank ballots, undervoted ballots, overvoted 1041 ballots, provisional ballots, and all other ballots that were 1042 separated from the main bin by the tabulator or that require 1043 separate adjudication or handling for any reason. Such ballots 1044 must be hand counted to ensure the number of ballots equals the 1045 number shown on the reports. 1046 (g)Seal accounting and management. 1047 Section 9.Section 101.6103, Florida Statutes, is amended 1048 to read: 1049 101.6103Mail ballot election procedure. 1050 (1)Except as otherwise provided in subsection (7), the 1051 supervisor of elections shall mail all official ballots with a 1052 voter certificate envelope, an identification secrecy envelope, 1053 a return mailing envelope, and instructions sufficient to 1054 describe the voting process to each elector entitled to vote in 1055 the election within the timeframes specified in s. 101.62(3). 1056 All such ballots must be mailed by first-class mail. If the 1057 supervisor of election pays return ballot postage, two United 1058 States Postal Service permit billing accounts must be used, with 1059 one account used solely for outbound ballots and the other 1060 account used solely for returned ballots. Ballots must be 1061 addressed to each elector at the address appearing in the 1062 registration records and placed in an envelope which is 1063 prominently marked Return Service Requested Do Not Forward. 1064 (2)Upon receipt of the ballot, the elector shall read the 1065 instructions, mark the ballot, place only the completed ballot 1066 in the voter certificate it in the secrecy envelope, sign his or 1067 her name as it appears in the voter registration system on the 1068 signature line on the return mailing envelope supplied with the 1069 ballot, and comply with the instructions provided with the 1070 ballot. The elector shall place a copy of the required 1071 identification into the identification envelope and place the 1072 voter certificate envelope and the identification envelope into 1073 the return mailing envelope. Alternatively, the voter may place 1074 the voter certificate envelope in a voter-provided envelope and 1075 send it by registered mail at the voters expense to the office 1076 of the supervisor of elections or the address listed on the 1077 return envelope. The elector shall mail, deliver, or have 1078 delivered the marked ballot so that it reaches the supervisor of 1079 elections no later than 7 p.m. on the day of the election. The 1080 ballot must be returned in the sealed and signed voter 1081 certificate return mailing envelope. 1082 (3)The voters certificate return mailing envelope shall 1083 contain a statement in substantially the following form: 1084 1085 VOTERS CERTIFICATE 1086 I, ...(Print Name)..., do solemnly swear (or affirm) that I 1087 am a qualified voter in this election and that I have not and 1088 will not vote more than one ballot in this election. 1089 I understand that failure to sign this certificate and give 1090 my residence address will invalidate my ballot. 1091 ...(Date)... 1092 ...(Printed Name)... 1093 ...(Signature)... 1094 ...(Residence Address)... 1095 ...(E-mail Address[Optional])... 1096 ...(Home Telephone Number [Optional])... 1097 ...(Mobile Telephone Number [Optional])... 1098 1099 (4)If the ballot is destroyed, spoiled, lost, or not 1100 received by the elector, the elector may obtain a replacement 1101 ballot from the supervisor of elections as provided in this 1102 subsection. An elector seeking a replacement ballot shall 1103 provide Tier 1 identification and sign a sworn statement that 1104 the ballot was destroyed, spoiled, lost, or not received and 1105 present such statement to the supervisor of elections before 1106 prior to 7 p.m. on the day of the election. The supervisor of 1107 elections shall verify the signature on the sworn statement and 1108 keep a record of each replacement ballot provided under this 1109 subsection. 1110 (5)A ballot shall be counted only if: 1111 (a)It is returned in the voter certificate return mailing 1112 envelope bearing the electors signature; 1113 (b)A copy of a photo identification is placed into the 1114 identification envelope and, if the voter is required to provide 1115 additional documentation under s. 101.68, such documentation is 1116 placed into the identification envelope; 1117 (c)The voter certificate envelope and the identification 1118 envelope are placed into the return mailing envelope or a voter 1119 provided envelope that is sent by registered mail to the office 1120 of the supervisor of election or the address listed on the 1121 return mailing envelope; 1122 (d)(b)The electors signature has been verified as 1123 provided in this subsection; and 1124 (e)(c)It is received by the supervisor of elections not 1125 later than 7 p.m. on the day of the election. 1126 1127 The supervisor of elections shall verify the signature of each 1128 elector on the voter certificate return mailing envelope with 1129 the signature on the electors registration records. Such 1130 verification may commence at any time before prior to the 1131 canvass of votes. The supervisor of elections shall safely keep 1132 the ballot stored in a secure area accessible only by electronic 1133 badge and under video surveillance unopened in his or her office 1134 until the county canvassing board canvasses the vote. If the 1135 supervisor of elections determines that an elector to whom a 1136 replacement ballot has been issued under subsection (4) has 1137 voted more than once, the canvassing board shall determine which 1138 ballot, if any, is to be counted. 1139 (6)The canvassing board may begin the canvassing of mail 1140 ballots as provided by s. 101.68(2)(a). The criminal penalty 1141 specified in that paragraph for the release of results before 7 1142 p.m. on election day is also applicable to canvassing conducted 1143 under this act. The canvassing of mail ballots must be open for 1144 public observation. 1145 (7)With respect to absent electors overseas entitled to 1146 vote in the election, the supervisor of elections shall mail an 1147 official ballot with a voter certificate secrecy envelope, a 1148 return mailing envelope, and instructions sufficient to describe 1149 the voting process to each such elector on a date sufficient to 1150 allow such elector time to vote in the election and to have his 1151 or her marked ballot reach the supervisor by 7 p.m. on the day 1152 of the election. 1153 (8)A ballot that otherwise satisfies the requirements of 1154 subsection (5) shall be counted even if the elector dies after 1155 mailing the ballot but before election day, as long as, before 1156 prior to the death of the voter, the ballot was: 1157 (a)Postmarked by the United States Postal Service; 1158 (b)Date-stamped with a verifiable tracking number by 1159 common carrier; or 1160 (c)Already in the possession of the supervisor of 1161 elections. 1162 Section 10.Section 101.6104, Florida Statutes, is amended 1163 to read: 1164 101.6104Challenge of votes.If any elector present for the 1165 canvass of votes believes that any ballot is illegal due to any 1166 defect apparent on the voters certificate, the elector may, at 1167 any time before the ballot is removed from the envelope, file 1168 with the canvassing board a protest against the canvass of such 1169 ballot, specifying the reason he or she believes the ballot to 1170 be illegal. No challenge based upon any defect on the voters 1171 certificate shall be accepted after the ballot has been removed 1172 from the return mailing envelope. When a challenge of a voter 1173 certificate envelope or cure affidavit signature is received, 1174 the ballot must be segregated; left uncounted and, if 1175 applicable, unopened; logged; and treated as provisional to be 1176 reviewed before the end of canvassing. A challenger must be 1177 given an identification number for the challenged ballot or 1178 envelope, as applicable. The identification number and the final 1179 disposition of the ballot must be logged for use in procedural 1180 audits. 1181 Section 11.Paragraphs (a) and (b) of subsection (1), 1182 subsection (2), and paragraph (d) of subsection (3) of section 1183 101.62, Florida Statutes, are amended to read: 1184 101.62Request for vote-by-mail ballots. 1185 (1)REQUEST. 1186 (a)The supervisor shall accept a request for a vote-by 1187 mail ballot only from a voter or, if directly instructed by the 1188 voter, a member of the voters immediate family or the voters 1189 legal guardian. A request may be made in person, in writing, by 1190 telephone, or through the supervisors website. The department 1191 shall prescribe by rule by October 1, 2023, a uniform statewide 1192 application to make a written request for a vote-by-mail ballot 1193 which includes fields for all information required in this 1194 subsection. A voter may request a vote-by-mail ballot if one of 1195 the following applies to the voter: 1196 1.The voter is confined to his or her home or otherwise 1197 physically unable to vote in person, which the voter must attest 1198 to by presenting an affidavit provided by a medical doctor. 1199 2.The voter will be out of state during the entire voting 1200 period, which the voter must attest to by providing proof of his 1201 or her out-of-state location. 1202 3.The voter is 80 years of age or older. 1203 4.The voter is enrolled in an educational institution 1204 outside of the county in which he or she is registered, which 1205 the voter must attest to by providing proof of enrollment. 1206 1207 One request is deemed sufficient to receive a vote-by-mail 1208 ballot for all elections through the end of the calendar year of 1209 the next regularly scheduled general election, unless the voter 1210 or the voters designee indicates at the time the request is 1211 made the elections within such period for which the voter 1212 desires to receive a vote-by-mail ballot. The supervisor must 1213 cancel a request for a vote-by-mail ballot when any first-class 1214 return-service-requested mail or nonforwardable mail sent by the 1215 supervisor to the voter is returned as undeliverable. If the 1216 voter requests a vote-by-mail ballot thereafter, the voter must 1217 provide or confirm his or her current residential address in a 1218 written request that includes the voters signature and the 1219 voters Florida driver license number, the voters Florida 1220 identification card number, or the last four digits of the 1221 voters social security number. 1222 (b)If the voters request meets the criteria under 1223 paragraph (a), the supervisor may accept a request for a vote 1224 by-mail ballot to be mailed to a voters address on file in the 1225 Florida Voter Registration System from the voter, or, if 1226 directly instructed by the voter, a member of the voters 1227 immediate family or the voters legal guardian. If an in-person 1228 or a telephonic request is made, the voter must provide the 1229 voters Florida driver license number, the voters Florida 1230 identification card number, or the last four digits of the 1231 voters social security number, whichever may be verified in the 1232 supervisors records. If the ballot is requested to be mailed to 1233 an address other than the voters address on file in the Florida 1234 Voter Registration System, the request must be made in writing. 1235 A written request must be signed by the voter and include the 1236 voters Florida driver license number, the voters Florida 1237 identification card number, or the last four digits of the 1238 voters social security number. However, an absent uniformed 1239 services voter or an overseas voter seeking a vote-by-mail 1240 ballot is not required to submit a signed, written request for a 1241 vote-by-mail ballot that is being mailed to an address other 1242 than the voters address on file in the Florida Voter 1243 Registration System. The person making the request must 1244 disclose: 1245 1.The name of the voter for whom the ballot is requested. 1246 2.The voters address. 1247 3.The voters date of birth. 1248 4.The voters Florida driver license number, the voters 1249 Florida identification card number, or the last four digits of 1250 the voters social security number, whichever may be verified in 1251 the supervisors records. If the voters registration record 1252 does not already include the voters Florida driver license 1253 number or Florida identification card number or the last four 1254 digits of the voters social security number, the number 1255 provided must be recorded in the voters registration record. 1256 5.The requesters name. 1257 6.The requesters address. 1258 7.The requesters driver license number, the requesters 1259 identification card number, or the last four digits of the 1260 requesters social security number, if available. 1261 8.The requesters relationship to the voter. 1262 9.The requesters signature (written requests only). 1263 (2)ACCESS TO VOTE-BY-MAIL REQUEST INFORMATION.For each 1264 request for a vote-by-mail ballot received, the supervisor shall 1265 record the following information: the date the request was made; 1266 the identity of the voters designee making the request, if any; 1267 the Florida driver license number, Florida identification card 1268 number, or last four digits of the social security number of the 1269 voter provided with a written request; the date the vote-by-mail 1270 ballot was delivered to the voter or the voters designee or the 1271 date the vote-by-mail ballot was delivered to the post office or 1272 other carrier; the address to which the ballot was mailed or the 1273 identity of the voters designee to whom the ballot was 1274 delivered; the date the ballot was received by the supervisor; 1275 the absence of the voters signature on the voters certificate, 1276 if applicable; whether the voters certificate contains a 1277 signature that does not match the voters signature in the 1278 registration books or precinct register; in the case of a 1279 signature mismatch, whether the voter was notified of the 1280 signature mismatch and sent instructions to complete a cure 1281 affidavit; and such other information he or she may deem 1282 necessary. This information must be provided in electronic 1283 format as provided by division rule. The information must be 1284 updated and made available no later than 8 a.m. of each day, 1285 including weekends, beginning 60 days before the primary until 1286 15 days after the general election and shall be 1287 contemporaneously provided to the division. This information is 1288 confidential and exempt from s. 119.07(1) and shall be made 1289 available to or reproduced only for the voter requesting the 1290 ballot, a canvassing board, an election official, a political 1291 party or official thereof, a candidate who has filed 1292 qualification papers and is opposed in an upcoming election, and 1293 registered political committees for political purposes only. 1294 (3)DELIVERY OF VOTE-BY-MAIL BALLOTS. 1295 (d)Upon a request for a vote-by-mail ballot, the 1296 supervisor shall provide a vote-by-mail ballot to each voter by 1297 whom a request for that ballot has been made, by one of the 1298 following means: 1299 1.By nonforwardable, return-if-undeliverable mail to the 1300 voters current mailing address on file with the supervisor or 1301 any other address the voter specifies in the request. The 1302 envelopes must be prominently marked Return Service Requested 1303 Do Not Forward. 1304 2.By forwardable mail, e-mail, or facsimile machine 1305 transmission to absent uniformed services voters and overseas 1306 voters. The absent uniformed services voter or overseas voter 1307 may designate in the vote-by-mail ballot request the preferred 1308 method of transmission. If the voter does not designate the 1309 method of transmission, the vote-by-mail ballot must be mailed. 1310 3.By personal delivery to the voter after vote-by-mail 1311 ballots have been mailed and up to 7 p.m. on election day upon 1312 presentation of the identification required in s. 101.043. 1313 4.By delivery to the voters designee after vote-by-mail 1314 ballots have been mailed and up to 7 p.m. on election day. Any 1315 voter may designate in writing a person to pick up the ballot 1316 for the voter; however, the person designated may not pick up 1317 more than two vote-by-mail ballots per election, other than the 1318 designees own ballot, except that additional ballots may be 1319 picked up for members of the designees immediate family. The 1320 designee shall provide to the supervisor the written 1321 authorization by the voter and a picture identification of the 1322 designee and must complete an affidavit. The designee shall 1323 state in the affidavit that the designee is authorized by the 1324 voter to pick up that ballot and shall indicate if the voter is 1325 a member of the designees immediate family and, if so, the 1326 relationship. The department shall prescribe the form of the 1327 affidavit. If the supervisor is satisfied that the designee is 1328 authorized to pick up the ballot and that the signature of the 1329 voter on the written authorization matches the signature of the 1330 voter on file, the supervisor must give the ballot to that 1331 designee for delivery to the voter. 1332 5.Except as provided in s. 101.655, the supervisor may not 1333 deliver a vote-by-mail ballot to a voter or a voters designee 1334 pursuant to subparagraph 3. or subparagraph 4., respectively, 1335 during the mandatory early voting period and up to 7 p.m. on 1336 election day, unless there is an emergency, to the extent that 1337 the voter will be unable to go to a designated early voting site 1338 in his or her county or to his or her assigned polling place on 1339 election day. If a vote-by-mail ballot is delivered, the voter 1340 or his or her designee must execute an affidavit affirming to 1341 the facts which allow for delivery of the vote-by-mail ballot. 1342 The department shall adopt a rule providing for the form of the 1343 affidavit. 1344 Section 12.Paragraphs (a) and (c) of subsection (1) and 1345 subsection (5) of section 101.64, Florida Statutes, are amended 1346 to read: 1347 101.64Delivery of vote-by-mail ballots; envelopes; form. 1348 (1)(a)The supervisor shall enclose with each vote-by-mail 1349 ballot instructions on completing and returning a ballot, a 1350 voter certificate envelope, an identification envelope, and a 1351 return two envelopes: a secrecy envelope, into which the absent 1352 elector shall enclose his or her marked ballot; and a mailing 1353 envelope, into which the absent elector shall then place the 1354 voters certificate secrecy envelope, which shall be addressed 1355 to the supervisor and also bear on the back side a certificate 1356 in substantially the following form: 1357 1358 Note: Please Read Instructions Carefully Before 1359 Marking Ballot and Completing Voters Certificate. 1360 1361 VOTERS CERTIFICATE 1362 I, ...., do solemnly swear or affirm that I am a qualified 1363 and registered voter of .... County, Florida, and that I have 1364 not and will not vote more than one ballot in this election. I 1365 understand that if I commit or attempt to commit any fraud in 1366 connection with voting, vote a fraudulent ballot, or vote more 1367 than once in an election, I can be convicted of a felony of the 1368 third degree and fined up to $5,000 and/or imprisoned for up to 1369 5 years. I also understand that failure to sign this certificate 1370 will invalidate my ballot. 1371 ...(Date)... 1372 ...(Voters Printed Name)... 1373 ...(Voters Signature)... 1374 ...(E-Mail Address) [Optional]... 1375 ...(Home Telephone Number) [Optional] ... 1376 ...(Mobile Telephone Number) [Optional]... 1377 1378 (c)A mailing envelope or voter certificate secrecy 1379 envelope may not bear any indication of the political 1380 affiliation of an absent elector. 1381 (5)The voter certificate secrecy envelope must include, in 1382 bold font, substantially the following message: 1383 1384 IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR SUPERVISOR 1385 OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 P.M. ON ELECTION DAY. 1386 IF YOU WAIT TO MAIL YOUR BALLOT, YOUR VOTE MIGHT NOT COUNT. TO 1387 PREVENT THIS FROM OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT 1388 AS SOON AS POSSIBLE. 1389 Section 13.Section 101.65, Florida Statutes, is amended to 1390 read: 1391 101.65Instructions to absent electors.The supervisor 1392 shall enclose with each vote-by-mail ballot separate printed 1393 instructions in substantially the following form; however, where 1394 the instructions appear in capitalized text, the text of the 1395 printed instructions must be in bold font: 1396 1397 READ THESE INSTRUCTIONS CAREFULLY 1398 BEFORE MARKING BALLOT. 1399 1400 1.VERY IMPORTANT. In order to ensure that your vote-by 1401 mail ballot will be counted, it should be completed and returned 1402 as soon as possible so that it can reach the supervisor of 1403 elections of the county in which your precinct is located no 1404 later than 7 p.m. on the day of the election. However, if you 1405 are an overseas voter casting a ballot in a presidential 1406 preference primary or general election, your vote-by-mail ballot 1407 must be postmarked or dated no later than the date of the 1408 election and received by the supervisor of elections of the 1409 county in which you are registered to vote no later than 10 days 1410 after the date of the election. Note that the later you return 1411 your ballot, the less time you will have to cure any signature 1412 deficiencies, which is authorized until 5 p.m. on the 2nd day 1413 after the election. 1414 2.Mark your ballot in secret as instructed on the ballot. 1415 You must mark your own ballot unless you are unable to do so 1416 because of blindness, disability, or inability to read or write. 1417 3.Mark only the number of candidates or issue choices for 1418 a race as indicated on the ballot. If you are allowed to Vote 1419 for One candidate and you vote for more than one candidate, 1420 your vote in that race will not be counted. 1421 4.Place your marked ballot in the enclosed voter 1422 certificate secrecy envelope. Completely fill out the voters 1423 certificate on the back of the voter certificate envelope. 1424 5.Insert a copy of your photo identification in the 1425 identification envelope. The following photo identifications are 1426 acceptable if you are not a first-time voter: Florida driver 1427 license; Florida identification card issued by the Department of 1428 Highway Safety and Motor Vehicles; United States passport; debit 1429 or credit card; military identification; student identification; 1430 public assistance identification; veteran health identification 1431 card issued by the United States Department of Veterans Affairs; 1432 a license to carry a concealed weapon or firearm issued pursuant 1433 to s. 790.06, Florida Statutes; or an employee identification 1434 card issued by any branch, department, agency, or entity of the 1435 Federal Government, the state, a county, or a municipality. 1436 6.5.Insert the voter certificate envelope and the 1437 identification secrecy envelope into the enclosed mailing 1438 envelope which is addressed to the supervisor. 1439 7.6.Seal the mailing envelope and completely fill out the 1440 Voters Certificate on the back of the mailing envelope. 1441 8.7.VERY IMPORTANT. In order for your vote-by-mail ballot 1442 to be counted, you must sign your name on the line above 1443 (Voters Signature). If your signature does not appear on the 1444 designated signature line adjacent to the voter certificate oath 1445 on the voters certificate, you are required to complete a cure 1446 affidavit to validate your signature. A vote-by-mail ballot will 1447 be considered illegal and not be counted if the signature on the 1448 voters certificate does not match the signature on record. The 1449 signature on file at the time the supervisor of elections in the 1450 county in which your precinct is located receives your vote-by 1451 mail ballot is the signature that will be used to verify your 1452 signature on the voters certificate. If you need to update your 1453 signature for this election, send your signature update on a 1454 voter registration application to your supervisor of elections 1455 so that it is received before your vote-by-mail ballot is 1456 received. 1457 9.8.VERY IMPORTANT. If you are an overseas voter, you must 1458 include the date you signed the Voters Certificate on the line 1459 above (Date) or your ballot may not be counted. 1460 10.9.Mail, deliver, or have delivered the completed 1461 mailing envelope. Be sure there is sufficient postage if mailed. 1462 THE COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF 1463 THE SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT 1464 IS LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE 1465 STATION, AVAILABLE AT EACH EARLY VOTING LOCATION. 1466 11.10.FELONY NOTICE. It is a felony under Florida law to 1467 accept any gift, payment, or gratuity in exchange for your vote 1468 for a candidate. It is also a felony under Florida law to vote 1469 in an election using a false identity or false address, or under 1470 any other circumstances making your ballot false or fraudulent. 1471 Section 14.Section 101.655, Florida Statutes, is amended 1472 to read: 1473 101.655Supervised voting by absent electors in certain 1474 facilities. 1475 (1)The supervisor of elections of a county shall provide 1476 bipartisan supervised voting for absent electors residing in any 1477 assisted living facility, as defined in s. 429.02, or nursing 1478 home facility, as defined in s. 400.021, within that county at 1479 the request of an elector living in the facility or the power of 1480 attorney for an elector living in the of any administrator of 1481 such a facility. Such request for supervised voting in the 1482 facility shall be made by submitting a written request to the 1483 supervisor of elections no later than 28 days before prior to 1484 the election for which that request is submitted. The request 1485 shall specify the name and address of the facility and the name 1486 of the electors who wish to vote by mail in that election. If 1487 the request contains the names of fewer than five voters, the 1488 supervisor of elections is not required to provide supervised 1489 voting. 1490 (2)The supervisor of elections may, in the absence of a 1491 request from the administrator of a facility, provide for 1492 supervised voting in the facility for those persons who have 1493 requested vote-by-mail ballots and voting assistance. The 1494 supervisor of elections shall notify the administrator of the 1495 facility that supervised voting will occur. 1496 (3)The supervisor of elections shall, in cooperation with 1497 the administrator of the facility, select a date and time when 1498 the supervised voting will occur. 1499 (4)The supervisor of elections shall designate supervised 1500 voting teams to provide the services prescribed by this section. 1501 Each supervised voting team shall include at least two persons. 1502 Each supervised voting team must include representatives of more 1503 than one political party; however, in any primary election to 1504 nominate party nominees in which only one party has candidates 1505 appearing on the ballot, all supervised voting team members may 1506 be of that party. No candidate may provide supervised voting 1507 services. 1508 (5)Ballots must be placed in a sealed envelope for 1509 transport to the facility to be delivered to respective absent 1510 electors. Chain of custody forms must include fields for the 1511 name of the facility, the date, the time, the printed names and 1512 signatures of each person on the supervised voting team assigned 1513 to the facility, the number of ballots delivered to the 1514 facility, the envelope seal number, and the printed names and 1515 signatures of each person on the supervised voting team who 1516 opens the envelope. 1517 (6)The seal on the envelope must be maintained until the 1518 supervised voting team is in the facility. 1519 (7)(5)The supervised voting team shall deliver the ballots 1520 to the respective absent electors, and each member of the team 1521 shall jointly supervise the voting of the ballots. If any 1522 elector requests assistance in voting, the oath prescribed in s. 1523 101.051 shall be completed and the elector may receive the 1524 assistance of two members of the supervised voting team or some 1525 other person of the electors choice to assist the elector in 1526 casting the electors ballot. 1527 (8)(6)Before providing assistance, the supervised voting 1528 team must shall disclose to the elector that the ballot may be 1529 retained by the elector to vote at a later time and that the 1530 elector has the right to seek assistance in voting from some 1531 other person of the electors choice without the presence of the 1532 supervised voting team. 1533 (9)Before providing assistance, the supervised voting team 1534 must verify the identity of the elector by photo identification 1535 and attestation by a facility administrator. 1536 (10)(7)If any elector declines to vote a ballot or is 1537 unable to vote a ballot, the supervised voting team must shall 1538 mark the ballot refused to vote or unable to vote. 1539 (11)(8)After the ballots have been voted or marked in 1540 accordance with the provisions of this section, the supervised 1541 voting team shall place the completed and remaining blank 1542 ballots in a sealable envelope and deliver the ballots to the 1543 supervisor of elections, who shall retain them pursuant to s. 1544 101.67. 1545 (12)The chain of custody forms for ballots transported by 1546 supervised voting teams and completed by absent electors in the 1547 facilities must include fields for the printed names and 1548 signatures of two supervised voting team members, the date, the 1549 time, the number of absentee ballots transported to the facility 1550 in which the elector lives, the number of absentee ballots 1551 completed and returned to the supervisor, the number of absentee 1552 ballots retained by electors to be cast at a later date, the 1553 voter identifications of electors who retained ballots, and seal 1554 numbers. 1555 (13)The names of electors living in the facility who 1556 complete ballots, the names of electors living in the facility 1557 who refuse to vote, and the names of electors living in the 1558 facility who retain ballots to be cast at a later date must be 1559 logged and reported to the supervisor of elections by the 1560 supervised voting team. 1561 (14)Cast ballots in sealed envelopes from supervised 1562 voting for absent electors residing in an assisted living 1563 facility or a nursing home facility must be returned to the 1564 supervisor of elections for tabulation and retention pursuant to 1565 s. 101.67. 1566 (15)The chain of custody forms for ballots transported by 1567 supervised voting teams and completed by absent electors in the 1568 facilities must include fields for the name of the facility, the 1569 printed names and signatures of two members of the vote counting 1570 center who accept custody of the cast ballots, the date, the 1571 time, the seal number, a checkbox to confirm that the seal is 1572 intact, and the number of absentee ballots received by the vote 1573 counting center from the facility. 1574 (16)The county canvassing board shall validate chain of 1575 custody records for ballots received from supervised voting by 1576 absent electors in the facilities as the ballots are returned. 1577 Section 15.Paragraph (a) of subsection (1) and subsections 1578 (2) and (4) of section 101.68, Florida Statutes, are amended to 1579 read: 1580 101.68Canvassing of vote-by-mail ballot. 1581 (1)(a)The supervisor of the county in which where the 1582 absent elector resides shall receive the voted ballot, verify 1583 that the certificate signature is a personal and manual 1584 signature that was not created by a rubber stamp or an 1585 electronic machine, verify that the voter certificate envelope 1586 and ballot material are consistent with the quality and serial 1587 number sequence issued, and at which time the supervisor shall 1588 compare the signature of the elector on the voters certificate 1589 with the signature of the elector in the registration books or 1590 the precinct register to determine whether the elector is duly 1591 registered in the county and must record on the electors 1592 registration record that the elector has voted. The supervisor 1593 shall also evaluate whether the photo identification provided is 1594 consistent with any Department of Highway Safety and Motor 1595 Vehicles photographs of the elector available. During the 1596 signature comparison process, the supervisor may not use any 1597 knowledge of the political affiliation of the elector whose 1598 signature is subject to verification. 1599 (2)(a)The county canvassing board may begin the canvassing 1600 of vote-by-mail ballots upon the completion of the public 1601 testing of automatic tabulating equipment pursuant to s. 1602 101.5612(2), but must complete canvassing of all ballots 1603 received at the end of election day begin such canvassing by no 1604 later than the end of the following noon on the day following 1605 the election. However, notwithstanding any such authorization to 1606 begin canvassing or otherwise processing vote-by-mail ballots 1607 early, no result shall be released to the state or to the public 1608 until after the closing of the polls in that county on election 1609 day. Any supervisor, deputy supervisor, canvassing board member, 1610 election board member, or election employee who releases the 1611 results of a canvassing or processing of vote-by-mail ballots 1612 before prior to the closing of the polls in that county on 1613 election day commits a felony of the third degree, punishable as 1614 provided in s. 775.082, s. 775.083, or s. 775.084. 1615 (b)To ensure that all vote-by-mail ballots to be counted 1616 by the canvassing board are accounted for, the canvassing board 1617 shall compare the number of ballots in its possession with the 1618 number of requests for ballots received to be counted according 1619 to the ballot chain of custody records and ballot reconciliation 1620 report, the supervisors ballot accounting report, and the 1621 supervisors file or list. 1622 (c)1.The canvassing board must, if the supervisor has not 1623 already done so, compare the signature of the elector on the 1624 voters certificate or on the vote-by-mail ballot cure affidavit 1625 as provided in subsection (4) with the signature of the elector 1626 in the registration books or the precinct register to see that 1627 the elector is duly registered in the county and to determine 1628 the legality of that vote-by-mail ballot. A vote-by-mail ballot 1629 may only be counted if: 1630 a.The signature on the voters certificate or the cure 1631 affidavit matches the electors signature in the registration 1632 books or precinct register; however, in the case of a cure 1633 affidavit, the supporting identification listed in subsection 1634 (4) must also confirm the identity of the elector; or 1635 b.The cure affidavit contains a signature that does not 1636 match the electors signature in the registration books or 1637 precinct register, but the elector has submitted a current and 1638 valid Tier 1 identification pursuant to subsection (4) which 1639 confirms the identity of the elector. Tier 1 or Tier 2 1640 identification is considered ballot material for purposes of s. 1641 101.572 and must be presented to any candidates, political party 1642 officials, political committee officials, and political action 1643 committee officials, or authorized designees thereof, conducting 1644 a cure affidavit review. 1645 1646 For purposes of this subparagraph, any canvassing board finding 1647 that an electors signatures do not match must be by majority 1648 vote and beyond a reasonable doubt. 1649 2.The ballot of an elector who casts a vote-by-mail ballot 1650 shall be counted even if the elector dies on or before election 1651 day, as long as, before the death of the voter, the ballot was 1652 postmarked by the United States Postal Service, date-stamped 1653 with a verifiable tracking number by a common carrier, or 1654 already in the possession of the supervisor. 1655 3.A vote-by-mail ballot is not considered illegal if the 1656 signature of the elector does not cross the seal of the mailing 1657 envelope. However, an envelope that appears to have been opened 1658 and resealed or that displays an unauthorized serial number 1659 instead of an authorized serial number is considered illegal. 1660 4.If any elector or candidate present believes that a 1661 vote-by-mail ballot is illegal due to a defect apparent on the 1662 voters certificate or the cure affidavit, he or she may, at any 1663 time before the ballot is removed from the envelope, file with 1664 the canvassing board a protest against the canvass of that 1665 ballot, specifying the precinct, the voters certificate or the 1666 cure affidavit, and the reason he or she believes the ballot to 1667 be illegal. A challenge based upon a defect in the voters 1668 certificate or cure affidavit may not be accepted after the 1669 ballot has been removed from the mailing envelope. A log must be 1670 kept of all challenges, the voter identification, the 1671 resolution, and the signatures compared. The log, the cure 1672 affidavit with accompanying Tier 1 or Tier 2 identification, if 1673 applicable, the envelope, and the ballot, if rejected, therein 1674 must be preserved in the manner that official ballots are 1675 preserved as election materials. The log and decisions must be 1676 reviewed as part of a postelection process audit. 1677 5.If the canvassing board determines that a ballot is 1678 illegal, a member of the board must, without opening the 1679 envelope, mark across the face of the envelope: rejected as 1680 illegal. The cure affidavit with accompanying Tier 1 or Tier 2 1681 identification, if applicable, the envelope, and the ballot 1682 therein shall be preserved in the manner that official ballots 1683 are preserved as election materials. 1684 (d)The canvassing board shall record the ballot upon the 1685 proper record, unless the ballot has been previously recorded by 1686 the supervisor. The mailing envelopes shall be opened and the 1687 voter certificate secrecy envelopes shall be mixed so as to make 1688 it impossible to determine which voter certificate secrecy 1689 envelope came out of which signed mailing envelope; however, in 1690 any county in which an electronic or electromechanical voting 1691 system is used, the ballots may be sorted by ballot styles and 1692 the mailing envelopes may be opened and the voter certificate 1693 secrecy envelopes mixed separately for each ballot style. The 1694 votes on vote-by-mail ballots shall be included in the total 1695 vote of the county. 1696 (4)(a)As soon as practicable, the supervisor shall, on 1697 behalf of the county canvassing board, attempt to notify an 1698 elector who has returned a vote-by-mail ballot that does not 1699 include the electors signature or contains a signature that 1700 does not match the electors signature in the registration books 1701 or precinct register by: 1702 1.Notifying the elector of the signature deficiency by e 1703 mail with a direct link to the supervisors website and 1704 directing the elector to the cure affidavit and instructions on 1705 the supervisors website; 1706 2.Notifying the elector of the signature deficiency by 1707 text message with a direct link to the supervisors website and 1708 directing the elector to the cure affidavit and instructions on 1709 the supervisors website; or 1710 3.Notifying the elector of the signature deficiency by 1711 telephone and directing the elector to the cure affidavit and 1712 instructions on the supervisors website. 1713 1714 In addition to the notification required under subparagraph 1., 1715 subparagraph 2., or subparagraph 3., the supervisor must notify 1716 the elector of the signature deficiency by first-class mail and 1717 direct the elector to the cure affidavit and instructions on the 1718 supervisors website. Beginning the day before the election, the 1719 supervisor is not required to provide notice of the signature 1720 deficiency by first-class mail, but shall continue to provide 1721 notice as required under subparagraph 1., subparagraph 2., or 1722 subparagraph 3. 1723 (b)The supervisor shall allow such an elector to complete 1724 and submit an affidavit in order to cure the vote-by-mail ballot 1725 until 5 p.m. on the 2nd day after the election. 1726 (c)The elector must complete a cure affidavit in 1727 substantially the following form: 1728 1729 VOTE-BY-MAIL BALLOT CURE AFFIDAVIT 1730 1731 I, ...., am a qualified voter in this election and 1732 registered voter of .... County, Florida. I do solemnly swear or 1733 affirm that I requested and returned the vote-by-mail ballot and 1734 that I have not and will not vote more than one ballot in this 1735 election. I understand that if I commit or attempt any fraud in 1736 connection with voting, vote a fraudulent ballot, or vote more 1737 than once in an election, I may be convicted of a felony of the 1738 third degree and fined up to $5,000 and imprisoned for up to 5 1739 years. I understand that my failure to sign this affidavit means 1740 that my vote-by-mail ballot will be invalidated. 1741 ...(Date)... 1742 ...(Voters Printed Name)... 1743 ...(Voters Signature)... 1744 ...(Voters E-mail Address)[Optional]... 1745 ...(Voters Home Telephone Number)[Optional]... 1746 ...(Voters Mobile Telephone Number)[Optional]... 1747 ...(Address)... 1748 1749 (d)Instructions must accompany the cure affidavit in 1750 substantially the following form: 1751 1752 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE 1753 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR 1754 BALLOT NOT TO COUNT. 1755 1756 1.In order to ensure that your vote-by-mail ballot will be 1757 counted, your affidavit should be completed and returned as soon 1758 as possible so that it can reach the supervisor of elections of 1759 the county in which your precinct is located no later than 5 1760 p.m. on the 2nd day after the election. 1761 2.You must sign your name on the line above (Voters 1762 Signature). 1763 3.You must make a copy of one of the following forms of 1764 identification: 1765 a.Tier 1 identification.Current and valid identification 1766 that includes your name and photograph: Florida driver license; 1767 Florida identification card issued by the Department of Highway 1768 Safety and Motor Vehicles; United States passport; debit or 1769 credit card; military identification; student identification; 1770 retirement center identification; neighborhood association 1771 identification; public assistance identification; veteran health 1772 identification card issued by the United States Department of 1773 Veterans Affairs; a Florida license to carry a concealed weapon 1774 or firearm; or an employee identification card issued by any 1775 branch, department, agency, or entity of the Federal Government, 1776 the state, a county, or a municipality; or 1777 b.Tier 2 identification.ONLY IF YOU DO NOT HAVE A TIER 1 1778 FORM OF IDENTIFICATION, identification that shows your name and 1779 current residence address: current utility bill, bank statement, 1780 government check, paycheck, or government document (excluding 1781 voter information card). 1782 4.Place the envelope bearing the affidavit into a mailing 1783 envelope addressed to the supervisor. Insert a copy of your 1784 identification in the mailing envelope. Mail (if time permits), 1785 deliver, or have delivered the completed affidavit along with 1786 the copy of your identification to your county supervisor of 1787 elections. Be sure there is sufficient postage if mailed and 1788 that the supervisors address is correct. Remember, your 1789 information MUST reach your county supervisor of elections no 1790 later than 5 p.m. on the 2nd day after the election, or your 1791 ballot will not count. 1792 5.Alternatively, you may fax or e-mail your completed 1793 affidavit and a copy of your identification to the supervisor of 1794 elections. If e-mailing, please provide these documents as 1795 attachments. 1796 1797 (e)The department and each supervisor shall include the 1798 affidavit and instructions on their respective websites. The 1799 supervisor must include his or her offices mailing address, e 1800 mail address, and fax number on the page containing the 1801 affidavit instructions, and the departments instruction page 1802 must include the office mailing addresses, e-mail addresses, and 1803 fax numbers of all supervisors of elections or provide a 1804 conspicuous link to such addresses. 1805 (f)The supervisor shall attach each affidavit and Tier 1 1806 or Tier 2 identification document received to the appropriate 1807 voter certificate vote-by-mail ballot mailing envelope. 1808 (g)A designee for a candidate, a political committee, a 1809 political action committee, or a political party may inspect all 1810 ballot materials in accordance with s. 101.572, including Tier 1 1811 and Tier 2 forms of identification necessary to accept or reject 1812 a ballot certificate signature match. 1813 (h)A voter signature mismatch on a voter certificate 1814 envelope that is rejected by the county canvassing board must be 1815 cured by the elector before his or her signature may be accepted 1816 and vote counted. The elector shall complete a cure affidavit 1817 and return to the county canvassing board the affidavit and Tier 1818 1 or Tier 2 forms of identification. 1819 (i)The voter certificate envelope, the cure affidavit, and 1820 the Tier 1 or Tier 2 forms of identification are considered 1821 ballot materials under s. 101.572. These ballot materials 1822 provide supporting evidence to accept or reject a signature on a 1823 certificate and shall be reviewed by the canvassing board and 1824 made available to a designee for a candidate, a political 1825 committee, a political action committee, or a political party. 1826 (j)The supervisor shall provide to the designee for a 1827 candidate, political committee, political action committee, or 1828 political party access to any materials considered ballot 1829 materials under s. 101.572 which are necessary to complete the 1830 task of cure affidavit review. A time must be arranged each day 1831 and made open to the public for a designee for a candidate, 1832 political committee, political action committee, or political 1833 party to complete a cure affidavit review of unique returned 1834 cure affidavits that have been returned since the previous day. 1835 As long as the vote counting center is open to the public, the 1836 supervisor may not limit the time necessary for a designee for a 1837 candidate, a political committee, a political action committee, 1838 or a political party to complete a cure affidavit review of 1839 ballot materials. 1840 (k)(g)If a vote-by-mail ballot is validated following the 1841 submission of a cure affidavit, the supervisor shall make a copy 1842 of the affidavit, affix it to a voter registration application, 1843 and immediately process it as a valid request for a signature 1844 update pursuant to s. 98.077. 1845 (l)A log must be kept of cure challenges levied by public 1846 inspectors, including the voter name, the voter identification, 1847 the voter precinct, the reason for the cure affidavit, the 1848 reason the voter certificate envelope was initially rejected, 1849 the reason for any challenges made to the cure affidavit 1850 signature, Tier 1 or Tier 2 identification, and the final 1851 disposition of the cure affidavit. 1852 1.The log, the cure affidavit, if applicable, the 1853 envelope, and the ballot, if rejected, must be preserved in the 1854 same manner that official ballots are preserved. The log and 1855 decisions must be reviewed as part of a postelection process 1856 audit, and cure reports must be made available to the public by 1857 precinct. 1858 2.If a designee protests a cure affidavit and the protest 1859 is subsequently rejected by the county canvassing board, the 1860 ballot must be counted as a cast vote and entered into the final 1861 vote count. The county canvassing board shall record in the log 1862 the reason for the protest, the reason for the protest 1863 rejection, the voter identification, the voter precinct, the 1864 reason the cure affidavit was required, and the voter 1865 certificate envelope that was originally rejected. 1866 3.Daily county canvassing board minutes must contain board 1867 decisions relating to cure affidavits, including the voter 1868 identification and precinct discussed. 1869 (m)(h)After all election results on the ballot have been 1870 certified, the supervisor shall, on behalf of the county 1871 canvassing board, notify each elector whose ballot has been 1872 rejected as illegal and provide the specific reason the ballot 1873 was rejected. The supervisor shall research the elector whose 1874 ballot was rejected as illegal using all available resources to 1875 determine whether the elector is still eligible to vote. If the 1876 elector is determined to be eligible to vote In addition, unless 1877 processed as a signature update pursuant to paragraph (k) (g), 1878 the supervisor shall mail a voter registration application to 1879 the elector to be completed indicating the electors current 1880 signature if the signature on the voters certificate or cure 1881 affidavit did not match the electors signature in the 1882 registration books or precinct register. 1883 (n)Any information not confidential or exempt from s. 1884 119.07(1) must be made available to candidate, political party, 1885 or political committee designees, including information on 1886 electors who are notified of a signature mismatch and provided 1887 instructions to complete a cure affidavit by the supervisor. 1888 Section 16.Section 101.69, Florida Statutes, is amended to 1889 read: 1890 101.69Voting in person; return of vote-by-mail ballot. 1891 (1)The provisions of this code shall not be construed to 1892 prohibit any elector from voting in person at the electors 1893 precinct on the day of an election or at an early voting site, 1894 notwithstanding that the elector has requested a vote-by-mail 1895 ballot for that election. An elector who has returned a voted 1896 vote-by-mail ballot to the supervisor, however, is deemed to 1897 have cast his or her ballot and is not entitled to vote another 1898 ballot or to have a provisional ballot counted by the county 1899 canvassing board. An elector who has received a vote-by-mail 1900 ballot and has not returned the voted ballot to the supervisor, 1901 but desires to vote in person, shall return the ballot, whether 1902 voted or not, to the election board in the electors precinct or 1903 to an early voting site. The returned ballot voter certificate 1904 envelope containing an uncast ballot must be marked canceled 1905 with a permanent marker. In the presence of the elector and a 1906 second poll worker, a member of the board shall open the voter 1907 certificate envelope and mark canceled with a permanent marker 1908 across the ballot and place the ballot shall be marked 1909 canceled by the board and placed with other canceled ballots. 1910 However, if the elector does not return the ballot and the 1911 election official: 1912 (a)Confirms that the supervisor has received the electors 1913 vote-by-mail ballot, the elector shall not be allowed to vote in 1914 person. If the elector maintains that he or she has not returned 1915 the vote-by-mail ballot or remains eligible to vote, the elector 1916 shall be provided a provisional ballot as provided in s. 1917 101.048. 1918 (b)Confirms that the supervisor has not received the 1919 electors vote-by-mail ballot, the elector shall be allowed to 1920 vote in person as provided in this code. The electors vote-by 1921 mail ballot, if subsequently received, shall not be counted and 1922 shall remain in the mailing envelope, and the envelope shall be 1923 marked Rejected as Illegal 2nd Ballot. If it is determined 1924 that the signature on the voter certificate envelope does not 1925 match the voters signature, the vote-by-mail ballot and voter 1926 certificate envelope must be submitted to the Office of Election 1927 Crimes and Security for investigation. 1928 (c)Cannot determine whether the supervisor has received 1929 the electors vote-by-mail ballot, the elector may vote a 1930 provisional ballot as provided in s. 101.048. 1931 (2)(a)The supervisor shall allow an elector who has 1932 received a vote-by-mail ballot to physically return a voted 1933 vote-by-mail ballot to the supervisor by placing the return mail 1934 envelope containing his or her marked ballot in a secure ballot 1935 intake station. Secure ballot intake stations shall be placed at 1936 the main office of the supervisor, at each permanent branch 1937 office of the supervisor which meets the criteria set forth in 1938 s. 101.657(1)(a) for branch offices used for early voting and 1939 which is open for at least the minimum number of hours 1940 prescribed by s. 98.015(4), and inside at each early voting 1941 site. Secure ballot intake stations may also be placed at any 1942 other site that would otherwise qualify as an early voting site 1943 under s. 101.657(1). Secure ballot intake stations must be 1944 geographically located so as to provide all voters in the county 1945 with an equal opportunity to cast a ballot, insofar as is 1946 practicable. Except for secure ballot intake stations at an 1947 office of the supervisor, A secure ballot intake station may 1948 only be used during the countys early voting hours of operation 1949 if it is located inside an early voting site or inside an office 1950 of the supervisor and must be monitored in person by an employee 1951 of the supervisors office. A secure ballot intake station at an 1952 office of the supervisor must be continuously monitored in 1953 person by an employee of the supervisors office when the secure 1954 ballot intake station is accessible for deposit of ballots. 1955 (b)A supervisor shall designate each secure ballot intake 1956 station location at least 30 days before an election. The 1957 supervisor shall provide the address of each secure ballot 1958 intake station location to the division at least 30 days before 1959 an election. After a secure ballot intake station location has 1960 been designated, it may not be moved or changed except as 1961 approved by the division to correct a violation of this 1962 subsection. 1963 (c)1.On each day of early voting, all secure ballot intake 1964 stations must be inspected to verify that no ballots are present 1965 at the start of early voting hours and must be emptied at the 1966 end of early voting hours. and All ballots retrieved from the 1967 secure ballot intake stations must be returned to the 1968 supervisors office using the chain of custody standards 1969 required under s. 101.015. 1970 2.For secure ballot intake stations located at an office 1971 of the supervisor, all ballots must be retrieved before the 1972 secure ballot intake station is no longer monitored by an 1973 employee of the supervisor. 1974 3.Employees of the supervisor must comply with procedures 1975 for the chain of custody of ballots as required by s. 1976 101.015(4). 1977 (3)If any secure ballot intake station is left accessible 1978 for ballot receipt other than as authorized by this section or a 1979 secure intake station is deployed which does not meet department 1980 standards, the supervisor is subject to a civil penalty of 1981 $25,000. The division is authorized to enforce this provision. 1982 Section 17.Subsections (2) and (3) of section 101.6921, 1983 Florida Statutes, are amended to read: 1984 101.6921Delivery of special vote-by-mail ballot to certain 1985 first-time voters. 1986 (2)The supervisor shall enclose with each vote-by-mail 1987 ballot three envelopes: a secrecy envelope, into which the 1988 absent elector will enclose his or her marked ballot; an 1989 envelope containing the Voters Certificate; an identification 1990 envelope, into which the absent elector shall place the secrecy 1991 envelope; and a mailing envelope, which shall be addressed to 1992 the supervisor and into which the absent elector will place the 1993 envelope containing the Voters Certificate and the 1994 identification envelope containing a copy of the required 1995 identification. 1996 (3)The Voters Certificate shall be in substantially the 1997 following form: 1998 1999 Note: Please Read Instructions Carefully Before 2000 Marking Ballot and Completing Voters Certificate. 2001 2002 VOTERS CERTIFICATE 2003 2004 I, ...., do solemnly swear or affirm that I am a qualified 2005 and registered voter of .... County, Florida, and that I have 2006 not and will not vote more than one ballot in this election. I 2007 understand that if I commit or attempt to commit any fraud in 2008 connection with voting, vote a fraudulent ballot, or vote more 2009 than once in an election, I can be convicted of a felony of the 2010 third degree and fined up to $5,000 and/or imprisoned for up to 2011 5 years. I also understand that failure to sign this certificate 2012 will invalidate my ballot. I understand that unless I meet one 2013 of the exemptions below, I must provide a copy of a current and 2014 valid identification as provided in the instruction sheet to the 2015 supervisor of elections in order for my ballot to count. 2016 I further certify that I am exempt from the requirements to 2017 furnish a copy of a current and valid identification with my 2018 ballot because of one or more of the following (check all that 2019 apply): 2020 I am 65 years of age or older. 2021 I have a permanent or temporary physical disability and 2022 have included a copy of a doctors note or social security 2023 disability document. 2024 I am a member of a uniformed service on active duty who, 2025 by reason of such active duty, will be absent from the county on 2026 election day and have included a copy of my current military 2027 identification. 2028 I am a member of the Merchant Marine who, by reason of 2029 service in the Merchant Marine, will be absent from the county 2030 on election day and have included a copy of my current Merchant 2031 Marine identification. 2032 I am the spouse or dependent of a member of the uniformed 2033 service or Merchant Marine who, by reason of the active duty or 2034 service of the member, will be absent from the county on 2035 election day and have included a copy of my uniformed services 2036 dependent identification. 2037 I am currently residing outside the United States and 2038 have included a copy of one of the following that show my name 2039 and my former Florida address and the address at which I reside 2040 outside the United States: 2041 1.Utility bill. 2042 2.Bank statement. 2043 3.Government-issued check. 2044 4.Paycheck. 2045 5.Other government document, excluding a voter 2046 identification card. 2047 2048 ...(Date)... 2049 ...(Voters Printed Name)... 2050 ...(Voters Signature)... 2051 ...(Voters E-mail Address)[Optional]... 2052 ...(Voters Home Telephone Number)[Optional]... 2053 ...(Voters Mobile Telephone Number)[Optional]... 2054 Section 18.Subsection (2) of section 101.6923, Florida 2055 Statutes, is amended to read: 2056 101.6923Special vote-by-mail ballot instructions for 2057 certain first-time voters. 2058 (2)A voter covered by this section must be provided with 2059 printed instructions with his or her vote-by-mail ballot in 2060 substantially the following form: 2061 2062 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR 2063 BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE 2064 YOUR BALLOT NOT TO COUNT. 2065 2066 1.In order to ensure that your vote-by-mail ballot will be 2067 counted, it should be completed and returned as soon as possible 2068 so that it can reach the supervisor of elections of the county 2069 in which your precinct is located no later than 7 p.m. on the 2070 date of the election. However, if you are an overseas voter 2071 casting a ballot in a presidential preference primary or general 2072 election, your vote-by-mail ballot must be postmarked or dated 2073 no later than the date of the election and received by the 2074 supervisor of elections of the county in which you are 2075 registered to vote no later than 10 days after the date of the 2076 election. Note that the later you return your ballot, the less 2077 time you will have to cure signature deficiencies, which is 2078 authorized until 5 p.m. local time on the 2nd day after the 2079 election. 2080 2.Mark your ballot in secret as instructed on the ballot. 2081 You must mark your own ballot unless you are unable to do so 2082 because of blindness, disability, or inability to read or write. 2083 3.Mark only the number of candidates or issue choices for 2084 a race as indicated on the ballot. If you are allowed to Vote 2085 for One candidate and you vote for more than one, your vote in 2086 that race will not be counted. 2087 4.Place your marked ballot in the enclosed secrecy 2088 envelope and seal the envelope. 2089 5.Insert the secrecy envelope into the enclosed envelope 2090 bearing the Voters Certificate. Seal the envelope and 2091 completely fill out the Voters Certificate on the back of the 2092 envelope. 2093 a.You must sign your name on the line above (Voters 2094 Signature). 2095 b.If you are an overseas voter, you must include the date 2096 you signed the Voters Certificate on the line above (Date) or 2097 your ballot may not be counted. 2098 c.A vote-by-mail ballot will be considered illegal and 2099 will not be counted if the signature on the Voters Certificate 2100 does not match the signature on record. The signature on file at 2101 the start of the canvass of the vote-by-mail ballots is the 2102 signature that will be used to verify your signature on the 2103 Voters Certificate. If you need to update your signature for 2104 this election, send your signature update on a voter 2105 registration application to your supervisor of elections so that 2106 it is received before your vote-by-mail ballot is received. 2107 5.a.If you have registered to vote without a driver 2108 license or Florida identification card and have not previously 2109 provided one of the following forms of identification to an 2110 election official 6. Unless you meet one of the exemptions in 2111 Item 7., you must make a copy of one of the following forms of 2112 identification: 2113 (I)A United States passport; or 2114 (II)(A)A United States birth certificate, United States 2115 naturalization papers, a consular report of birth abroad 2116 provided by the United States Department of State, or a social 2117 security card; and 2118 (B)An acceptable, current photo identification that 2119 includes your name and photograph. Acceptable photo 2120 identification includes a a.identification which must include 2121 your name and photograph: United States passport; debit or 2122 credit card; military identification; student identification; 2123 retirement center identification; neighborhood association 2124 identification; public assistance identification; a veteran 2125 health identification card issued by the United States 2126 Department of Veterans Affairs; a Florida license to carry a 2127 concealed weapon or firearm; or an employee identification card 2128 issued by any branch, department, agency, or entity of the 2129 Federal Government, the state, a county, or a municipality.; or 2130 b.If you have registered to vote without a driver license 2131 or Florida identification card, you must also make a copy of an 2132 identification document dated within the last 2 months which 2133 contains the name and residence address listed on your voter 2134 registration application. Acceptable identification that which 2135 shows your name and current residence address includes a: 2136 current utility bill, bank statement, government check, 2137 paycheck, or government document (excluding voter information 2138 card). 2139 c.If you have registered to vote without a driver license 2140 or Florida identification card and meet the requirements of Item 2141 6., you may provide the following as proof of prior Florida 2142 residence: 2143 (I)Documents listed in Item 5.b. that are not current plus 2144 a current equivalent document listing your non-United States 2145 residence. 2146 (II)A consular report of birth abroad provided by the 2147 United States Department of State and proof that your parents 2148 previously resided in the State of Florida. 2149 d.Documents provided under this item may be submitted 2150 using the same methods allowed under s. 101.68. 2151 6.7.The identification requirements of Item 5.6. do not 2152 apply if you meet one of the following requirements: 2153 a.You are 65 years of age or older as documented by a copy 2154 of a birth certificate proving your age. 2155 b.You have a temporary or permanent physical disability as 2156 documented by a copy of a doctors affidavit stating your 2157 disability status or a social security disability document 2158 provided to a voter registration official. 2159 c.You are a member of a uniformed service on active duty 2160 as documented by a current military identification provided to a 2161 voter registration official who, by reason of such active duty, 2162 will be absent from the county on election day. 2163 d.You are a member of the Merchant Marine as documented by 2164 a current Merchant Marine identification who, by reason of 2165 service in the Merchant Marine, will be absent from the county 2166 on election day. 2167 e.You are the spouse or dependent of a member referred to 2168 in paragraph c. or paragraph d. as documented by a uniformed 2169 services dependent identification who, by reason of the active 2170 duty or service of the member, will be absent from the county on 2171 election day. 2172 f.You are currently residing outside the United States and 2173 provide one of the following: 2174 (I)Documents listed in Item 5.b. that are not current and 2175 a current equivalent document listing your non-United States 2176 residence. 2177 (II)A consular report of birth abroad provided by the 2178 United States Department of State and proof that your parents 2179 previously resided in the state of Florida. 2180 2181 Documents provided under Item 6. may be provided to election 2182 officials using mail, e-mail, or fax. 2183 7.8.Place the envelope bearing the Voters Certificate 2184 into the mailing envelope addressed to the supervisor. Insert a 2185 copy of your identification in the identification mailing 2186 envelope. DO NOT PUT YOUR IDENTIFICATION INSIDE THE SECRECY 2187 ENVELOPE WITH THE BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE 2188 VOTERS CERTIFICATE OR YOUR BALLOT WILL NOT COUNT. 2189 8.Place both the envelope bearing the Voters Certificate 2190 and the identification envelope into the mailing envelope 2191 addressed to the supervisor. 2192 9.Mail, deliver, or have delivered the completed mailing 2193 envelope. Be sure there is sufficient postage if mailed. 2194 10.FELONY NOTICE. It is a felony under Florida law to 2195 accept any gift, payment, or gratuity in exchange for your vote 2196 for a candidate. It is also a felony under Florida law to vote 2197 in an election using a false identity or false address, or under 2198 any other circumstances making your ballot false or fraudulent. 2199 Section 19.Paragraph (a) of subsection (1) and subsection 2200 (2) of section 102.012, Florida Statutes, are amended to read: 2201 102.012Inspectors, and clerks, and absentee vote 2202 processing workers to conduct elections. 2203 (1)(a)The supervisor of elections of each county, at least 2204 20 days before prior to the holding of any election, shall 2205 appoint an election board comprised of poll workers who serve as 2206 clerks or inspectors for each precinct in the county and shall 2207 recruit absentee vote processing workers. The clerk shall be in 2208 charge of, and responsible for, seeing that the election board 2209 carries out its duties and responsibilities. Each inspector, 2210 absentee vote processing worker, and each clerk shall take and 2211 subscribe to an oath or affirmation, which shall be written or 2212 printed, to the effect that he or she will perform the duties of 2213 inspector, absentee vote processing worker, or clerk of 2214 election, respectively, according to law and will endeavor to 2215 prevent all fraud, deceit, or abuse in conducting the election. 2216 The oath may be taken before an officer authorized to administer 2217 oaths or before any of the persons who are to act as inspectors, 2218 one of them to swear the others, and one of the others sworn 2219 thus, in turn, to administer the oath to the one who has not 2220 been sworn. The oaths shall be returned with the poll list and 2221 the returns of the election to the supervisor. In all questions 2222 that may arise before the members of an election board, the 2223 decision of a majority of them shall decide the question. The 2224 supervisor of elections of each county shall be responsible for 2225 the attendance and diligent performance of his or her duties by 2226 each clerk, absentee vote processing worker, and inspector. 2227 (2)Each member of the election board and each absentee 2228 vote processing worker must shall be able to read and write the 2229 English language and shall be a registered qualified elector of 2230 the county in which the member is appointed or a person who has 2231 preregistered to vote, pursuant to s. 97.041(1)(b), in the 2232 county in which the member is appointed. An No election board or 2233 a work area of an absentee vote counting location may not shall 2234 be composed solely of members of one political party, except 2235 that; however, in any primary in which only one party has 2236 candidates appearing on the ballot, all clerks and inspectors 2237 may be of that party. Any person whose name appears as an 2238 opposed candidate for any office shall not be eligible to serve 2239 on an election board. 2240 Section 20.Section 102.014, Florida Statutes, is amended 2241 to read: 2242 102.014Poll worker recruitment and training. 2243 (1)The supervisor of elections shall conduct training for 2244 inspectors, clerks, absentee vote processing workers, and deputy 2245 sheriffs before prior to each primary, general, and special 2246 election for the purpose of instructing such persons in their 2247 duties and responsibilities as election officials. The Division 2248 of Elections shall develop a statewide uniform training 2249 curriculum for poll workers, and each supervisor shall use such 2250 curriculum in training poll workers. The Department of State 2251 shall develop a statewide uniform training curriculum for 2252 absentee vote processing workers, and each supervisor shall use 2253 such curriculum in training absentee vote processing workers. A 2254 certificate may be issued by the supervisor of elections to each 2255 person completing such training. A No person may not shall serve 2256 as an inspector, clerk, absentee vote processing worker, or 2257 deputy sheriff for an election unless such person has completed 2258 the training as required. A clerk may not work at the polls 2259 unless he or she demonstrates a working knowledge of the laws 2260 and procedures relating to voter registration, voting system 2261 operation, balloting and polling place procedures, and problem 2262 solving and conflict-resolution skills. An absentee vote 2263 processing worker may not work in the vote processing center 2264 unless he or she demonstrates a working knowledge of the laws 2265 and procedures relating to chain of custody, the work areas to 2266 which he or she may be assigned, physical security requirements, 2267 and problem-solving and conflict-resolution skills. 2268 (2)A person who has attended previous training conducted 2269 within 2 years before the election may be appointed by the 2270 supervisor to fill a vacancy on an election board or at an 2271 absentee vote processing location. If no person with prior 2272 training is available to fill such vacancy, the supervisor of 2273 elections may fill such vacancy in accordance with the 2274 provisions of subsection (3) from among persons who have not 2275 received the training required by this section. 2276 (3)In the case of absence or refusal to act on the part of 2277 any absentee vote processing worker, inspector, or clerk, the 2278 supervisor shall appoint a replacement who meets the 2279 qualifications prescribed in s. 102.012(2). The absentee vote 2280 processing worker, inspector, or clerk so appointed shall be a 2281 member of the same political party as the absentee vote 2282 processing worker, clerk, or inspector whom he or she replaces. 2283 (4)Each supervisor of elections shall be responsible for 2284 training absentee vote processing workers, inspectors, and 2285 clerks, subject to the following minimum requirements: 2286 (a)A No clerk may not shall be entitled to work at the 2287 polls unless he or she has had a minimum of 3 hours of training 2288 before prior to each election. 2289 (b)An No inspector may not shall work at the polls unless 2290 he or she has had a minimum of 2 hours of training before prior 2291 to each election. 2292 (c)An absentee vote processing worker may not work in a 2293 work area unless he or she has had a minimum of 2 hours of 2294 training before each election, including training for the work 2295 area to which he or she is assigned. 2296 (5)The Department of State shall create a uniform polling 2297 place procedures manual and an absentee vote processing 2298 procedures manual and adopt the manuals manual by rule. Each 2299 supervisor of elections shall ensure that the appropriate manual 2300 is available in hard copy or electronic form in every polling 2301 place and absentee vote processing location. The manuals manual 2302 shall guide absentee vote processing workers, inspectors, 2303 clerks, and deputy sheriffs in the proper implementation of 2304 election procedures and laws. The manuals manual shall be 2305 indexed by subject, and written in plain, clear, unambiguous 2306 language. The manual shall provide specific examples of common 2307 problems encountered at the polls and detail specific procedures 2308 for resolving those problems. 2309 (a)The polling place procedures manual shall include, 2310 without limitation: 2311 1.(a)Regulations governing solicitation by individuals and 2312 groups at the polling place.; 2313 2.(b)Procedures to be followed with respect to voters 2314 whose names are not on the precinct register.; 2315 3.(c)Proper operation of the voting system.; 2316 4.(d)Ballot handling procedures.; 2317 5.(e)Procedures governing spoiled ballots; 2318 6.(f)Procedures to be followed after the polls close.; 2319 7.(g)Rights of voters at the polls.; 2320 8.(h)Procedures for handling emergency situations.; 2321 9.(i)Procedures for dealing with irate voters.; 2322 10.(j)The handling and processing of provisional ballots.; 2323 and 2324 11.(k)Security procedures. 2325 12.Chain of custody procedures. 2326 13.Communications device policy. 2327 14.Rights and responsibilities of poll watchers at the 2328 polls. 2329 (b)The absentee vote processing manual shall include, but 2330 not be limited to: 2331 1.Regulations governing use of cell phones and wireless 2332 networking at the vote counting location. 2333 2.Proper communication settings and operation of vote 2334 counting location technologies. 2335 3.Procedures for management and use of portable storage 2336 media. 2337 4.Procedures for chain of custody between work areas and 2338 storage. 2339 5.Procedures for curing of ballots. 2340 6.Access to and control of ballots in storage or within 2341 work areas during working and nonworking hours. 2342 7.Rights and responsibilities of public watchers at the 2343 absentee vote processing location. 2344 8.Security procedures, including building security, 2345 physical port security, and system cybersecurity. 2346 9.Beginning of shift procedures. 2347 10.End of shift procedures. 2348 11.Rights and responsibilities of public watchers at the 2349 absentee vote processing location. 2350 12.Ballot accounting and reconciliation reports. 2351 2352 The Department of State shall revise the manuals manual as 2353 necessary to address new procedures in law or problems 2354 encountered by voters and poll workers at the precincts and by 2355 absentee vote processing workers at absentee vote counting 2356 locations. 2357 (6)Supervisors of elections shall work with the business 2358 and local community to develop public-private programs to ensure 2359 the recruitment of skilled absentee vote processing workers, 2360 inspectors, and clerks. 2361 (7)The Department of State shall develop a mandatory, 2362 statewide, and uniform program for training poll workers on 2363 issues of etiquette and sensitivity with respect to voters 2364 having a disability. The program must be conducted locally by 2365 each supervisor of elections, and each poll worker must complete 2366 the program before working during the current election cycle. 2367 The supervisor of elections shall contract with a recognized 2368 disability-related organization, such as a center for 2369 independent living, family network on disabilities, deaf service 2370 bureau, or other such organization, to develop and assist with 2371 training the trainers in the disability sensitivity programs. 2372 The program must include actual demonstrations of obstacles 2373 confronted by disabled persons during the voting process, 2374 including obtaining access to the polling place, traveling 2375 through the polling area, and using the voting system. 2376 Section 21.Present subsections (3) through (11) of section 2377 102.141, Florida Statutes, are redesignated as subsections (5) 2378 through (13), respectively, new subsections (3) and (4) are 2379 added to that section, and subsection (1), paragraph (a) of 2380 subsection (2), and present subsection (7) of that section are 2381 amended, to read: 2382 102.141County canvassing board; duties. 2383 (1)The county canvassing board shall be composed of the 2384 supervisor of elections; a county court judge, who shall act as 2385 chair; and the chair of the board of county commissioners; and 2386 two elected municipal officials. The elected municipal officials 2387 assigned to the canvassing board shall rotate amongst the 2388 municipalities within the county so that the elected municipal 2389 official is different every election cycle. The canvassing board 2390 must have at least two members from each major political party. 2391 The names of the canvassing board members must be published on 2392 the supervisors website upon completion of the logic and 2393 accuracy test. At least two alternate canvassing board members 2394 must be appointed pursuant to paragraph (e). In the event any 2395 member of the county canvassing board is unable to serve, is a 2396 candidate who has opposition in the election being canvassed, or 2397 is an active participant in the campaign or candidacy of any 2398 candidate who has opposition in the election being canvassed, 2399 such member shall be replaced as follows: 2400 (a)If a county court judge is unable to serve or if all 2401 are disqualified, the chief judge of the judicial circuit in 2402 which the county is located must appoint as a substitute member 2403 a qualified elector of the county who is not a candidate with 2404 opposition in the election being canvassed and who is not an 2405 active participant in the campaign or candidacy of any candidate 2406 with opposition in the election being canvassed. In such event, 2407 the members of the county canvassing board shall meet and elect 2408 a chair. 2409 (b)If the supervisor of elections is unable to serve or is 2410 disqualified, the chair of the board of county commissioners 2411 must appoint as a substitute member a member of the board of 2412 county commissioners or a municipal official who is not a 2413 candidate with opposition in the election being canvassed and 2414 who is not an active participant in the campaign or candidacy of 2415 any candidate with opposition in the election being canvassed. 2416 The supervisor, however, shall act in an advisory capacity to 2417 the canvassing board. 2418 (c)If the chair of the board of county commissioners is 2419 unable to serve or is disqualified, the board of county 2420 commissioners must appoint as a substitute member one of its 2421 members who is not a candidate with opposition in the election 2422 being canvassed and who is not an active participant in the 2423 campaign or candidacy of any candidate with opposition in the 2424 election being canvassed. 2425 (d)If a substitute member or alternate member cannot be 2426 appointed as provided elsewhere in this subsection, or in the 2427 event of a vacancy in such office, the chief judge of the 2428 judicial circuit in which the county is located must appoint as 2429 a substitute member or alternate member a qualified elector of 2430 the county who is not a candidate with opposition in the 2431 election being canvassed and who is not an active participant in 2432 the campaign or candidacy of any candidate with opposition in 2433 the election being canvassed. 2434 (e)1.The chief judge of the judicial circuit in which the 2435 county is located shall appoint a county court judge as an 2436 alternate member of the county canvassing board or, if each 2437 county court judge is unable to serve or is disqualified, shall 2438 appoint an alternate member who is qualified to serve as a 2439 substitute member under paragraph (a). Any alternate may serve 2440 in any seat. 2441 2.The chair of the board of county commissioners shall 2442 appoint a member of the board of county commissioners as an 2443 alternate member of the county canvassing board or, if each 2444 member of the board of county commissioners is unable to serve 2445 or is disqualified, shall appoint an alternate member who is 2446 qualified to serve as a substitute member under paragraph (d). 2447 3.A quorum of at least three members of the county 2448 canvassing board is required for all signature and provisional 2449 ballot review proceedings. If a quorum cannot be established a 2450 member of the county canvassing board is unable to participate 2451 in a meeting of the board, the chair of the county canvassing 2452 board or his or her designee must designate which alternate 2453 member will serve as a member of the board in the place of the 2454 member who is unable to participate at that meeting. 2455 4.If not serving as one of the three members of the county 2456 canvassing board, an alternate member may be present, observe, 2457 and communicate with the three members constituting the county 2458 canvassing board, but may not vote in the boards decisions or 2459 determinations. 2460 (2)(a)The county canvassing board shall meet in a building 2461 accessible to the public in the county where the election 2462 occurred at a time and place to be designated by the supervisor 2463 to publicly canvass the absent electors ballots as provided for 2464 in s. 101.68 and provisional ballots as provided by ss. 101.048, 2465 101.049, and 101.6925. During each meeting of the county 2466 canvassing board, each political party and each candidate may 2467 have one watcher able to view directly or on a display screen 2468 ballots being examined for signature matching and other 2469 processes. Each county canvassing board meeting must be 2470 monitored by real-time video available for public viewing, and 2471 meeting minutes for each meeting must be published on the 2472 supervisors website. Provisional ballots cast pursuant to s. 2473 101.049 shall be canvassed in a manner that votes for candidates 2474 and issues on those ballots can be segregated from other votes. 2475 As soon as the absent electors ballots and the provisional 2476 ballots are canvassed, the board shall proceed to publicly 2477 canvass the vote given each candidate, nominee, constitutional 2478 amendment, or other measure submitted to the electorate of the 2479 county, as shown by the returns then on file in the office of 2480 the supervisor. 2481 (3)(a)Each day during an election, the county canvassing 2482 board shall review all of the following reports: 2483 1.Exception reports on ballot chain of custody 2484 documentation, including missing quantities, seals, and 2485 excessive transport times. 2486 2.Daily precinct and vote-by-mail ballot reconciliation 2487 reports. 2488 3.Daily manual cross-check reports in accordance with s. 2489 101.015(7). 2490 4.Portable data storage device chain of custody reports. 2491 5.Physical building and ballot storage area exception 2492 reports. 2493 (b)Upon completing the review required under paragraph 2494 (a), the county canvassing board shall take corrective actions 2495 as necessary and report to the department any issue that cannot 2496 be resolved. 2497 (4)(a)Before certifying an election, the county canvassing 2498 board shall review all of the following: 2499 1.The vote-by-mail reconciliation reports outlined in s 2500 101.015(4)(c). 2501 2.The ballot, envelope, and seal accounting report 2502 required under s. 101.21(2). 2503 3.Ballot chain of custody reports from precincts, 2504 including reports on the transport of vote-by-mail ballots to 2505 permanent storage. 2506 (b)Any discrepancies identified in the review must be 2507 reported to the department. If a discrepancy involves a number 2508 of ballots that exceeds the margin of victory in any local race, 2509 the race may not be certified unless the discrepancy is 2510 resolved. If the discrepancy is not resolved, the race must be 2511 deemed invalid and a special election must be held to fill the 2512 office in accordance with chapter 100. If the discrepancy is 2513 determined to be due to chain of custody mismanagement, the 2514 supervisor may be removed from office. 2515 (9)(7)If the unofficial returns reflect that a candidate 2516 for any office was defeated or eliminated by one-half of a 2517 percent or less of the votes cast for such office, that a 2518 candidate for retention to a judicial office was retained or not 2519 retained by one-half of a percent or less of the votes cast on 2520 the question of retention, or that a measure appearing on the 2521 ballot was approved or rejected by one-half of a percent or less 2522 of the votes cast on such measure, a manual recount using 2523 original paper ballots and voter certificate envelopes shall be 2524 ordered of the votes cast with respect to such office or 2525 measure. The Secretary of State is responsible for ordering 2526 recounts in federal, state, and multicounty races. The county 2527 canvassing board or the local board responsible for certifying 2528 the election is responsible for ordering recounts in all other 2529 races. A recount need not be ordered with respect to the returns 2530 for any office, however, if the candidate or candidates defeated 2531 or eliminated from contention for such office by one-half of a 2532 percent or less of the votes cast for such office request in 2533 writing that a recount not be made. 2534 (a)Each canvassing board responsible for conducting a 2535 recount shall oversee a manual recount using original handmarked 2536 paper ballots and voter certificate envelopes and determine 2537 whether the returns correctly reflect the votes cast. The 2538 recount must include undervotes, overvotes, and blank ballots 2539 put each marksense ballot through automatic tabulating equipment 2540 and determine whether the returns correctly reflect the votes 2541 cast. If any marksense ballot is physically damaged so that it 2542 cannot be properly counted by the automatic tabulating equipment 2543 during the recount, a true duplicate shall be made of the 2544 damaged ballot pursuant to the procedures in s. 101.5614(4). 2545 Immediately before the start of the recount, a test of the 2546 tabulating equipment shall be conducted as provided in s. 2547 101.5612. If the test indicates no error, the recount tabulation 2548 of the ballots cast shall be presumed correct and such votes 2549 shall be canvassed accordingly. If an error is detected, the 2550 cause therefor shall be ascertained and corrected and the 2551 recount repeated, as necessary. The canvassing board shall 2552 immediately report the error, along with the cause of the error 2553 and the corrective measures being taken, to the Department of 2554 State. No later than 11 days after the election, the canvassing 2555 board shall file a separate incident report with the Department 2556 of State, detailing the resolution of the matter and identifying 2557 any measures that will avoid a future recurrence of the error. 2558 If the automatic tabulating equipment used in a recount is not 2559 part of the voting system and the ballots have already been 2560 processed through such equipment, the canvassing board is not 2561 required to put each ballot through any automatic tabulating 2562 equipment again. 2563 (b)Each canvassing board responsible for conducting a 2564 recount where touchscreen ballots were used shall manually 2565 recount the paper output from each device examine the counters 2566 on the precinct tabulators to ensure that the total of the 2567 returns on the precinct tabulators equals the overall election 2568 return. If there is a discrepancy between the overall election 2569 return and the counters of the precinct tabulators, the counters 2570 of the precinct tabulators shall be presumed correct and such 2571 votes shall be canvassed accordingly. 2572 (c)The canvassing board shall submit on forms or in 2573 formats provided by the division a second set of unofficial 2574 returns to the Department of State for each federal, statewide, 2575 state, or multicounty office or ballot measure. The returns 2576 shall be filed no later than 3 p.m. on the 5th day after any 2577 primary election and no later than 3 p.m. on the 9th day after 2578 any general election in which a recount was ordered by the 2579 Secretary of State. If the canvassing board is unable to 2580 complete the recount prescribed in this subsection by the 2581 deadline, the second set of unofficial returns submitted by the 2582 canvassing board shall be identical to the initial unofficial 2583 returns and the submission shall also include a detailed 2584 explanation of why it was unable to timely complete the recount. 2585 However, the canvassing board shall complete the recount 2586 prescribed in this subsection, along with any manual recount 2587 prescribed in s. 102.166, and certify election returns in 2588 accordance with the requirements of this chapter. 2589 (d)The Department of State shall adopt detailed rules 2590 prescribing additional recount procedures for each certified 2591 voting system, which shall be uniform to the extent practicable. 2592 Section 22.Present subsections (1) and (2) through (6) of 2593 section 102.166, Florida Statutes, are redesignated as 2594 subsection (2) and subsections (6) through (10), respectively, 2595 new subsections (1), (3), (4), and (5) are added to that 2596 section, and present subsections (1) and (5) of that section are 2597 amended, to read: 2598 102.166Manual recounts of overvotes and undervotes. 2599 (1)Notwithstanding any provision of this section to the 2600 contrary, if the first set of unofficial returns pursuant to s. 2601 102.141 indicates that a candidate for any office was defeated 2602 or eliminated by 2 percent or less of the votes cast for such 2603 office, or if a candidate for retention to a judicial office was 2604 retained or not retained by 3 percent or less of the votes cast 2605 on the question of retention, the candidate may request a full 2606 manual recount of the original handmarked paper ballots cast in 2607 the entire geographic jurisdiction of such office in view of the 2608 public. Voting equipment, including tabulators, may not be used 2609 to sort or count ballots in the manual recount process. Ballot 2610 images may not be used as a substitute for the original 2611 handmarked paper ballots. Only original handmarked ballots and 2612 paper output from voter interface devices may be used in the 2613 manual recount process. Candidates and candidates designees 2614 must immediately be provided all requested reports, chain of 2615 custody forms, data, and log files and any other requested 2616 information from any system used during the election, including 2617 voting systems and other election systems. 2618 (2)(1)If the second set of unofficial returns pursuant to 2619 s. 102.141 indicates that a candidate for any office was 2620 defeated or eliminated by 1 one-quarter of a percent or less of 2621 the votes cast for such office, that a candidate for retention 2622 to a judicial office was retained or not retained by 1 one 2623 quarter of a percent or less of the votes cast on the question 2624 of retention, or that a measure appearing on the ballot was 2625 approved or rejected by one-quarter of a percent or less of the 2626 votes cast on such measure, a manual recount of the overvotes 2627 and undervotes cast in the entire geographic jurisdiction of 2628 such office or ballot measure shall be ordered and conducted 2629 using original handmarked ballots and paper output from voter 2630 interface devices in view of the public, unless: 2631 (a)The candidate or candidates defeated or eliminated from 2632 contention by one-quarter of 1 percent or fewer of the votes 2633 cast for such office request in writing that a recount not be 2634 made; or 2635 (b)The number of overvotes and undervotes is fewer than 2636 the number of votes needed to change the outcome of the 2637 election. 2638 2639 The Secretary of State is responsible for ordering a manual 2640 recount for federal, state, and multicounty races. The county 2641 canvassing board or local board responsible for certifying the 2642 election is responsible for ordering a manual recount for all 2643 other races. A manual recount consists of a recount of marksense 2644 ballots or of digital images of those ballots by a person. 2645 (3)Notwithstanding any provision of this section to the 2646 contrary, if a measure appearing on the ballot was approved or 2647 rejected by 2 percent or less of the votes cast on such measure, 2648 the Secretary of State or a county canvassing board or local 2649 board responsible for certifying the election in a county that 2650 is in the geographic jurisdiction of such measure may request a 2651 full manual recount of the original handmarked paper ballots 2652 cast in the entire geographic jurisdiction of such ballot 2653 measure in view of the public. Voting equipment, including 2654 tabulators, may not be used to sort or count ballots in the 2655 manual recount process. Ballot images may not be used as a 2656 substitute for the original handmarked paper ballots. Only 2657 original handmarked paper ballots may be used in the manual 2658 recount process. The Secretary of State or the county canvassing 2659 board or local board must immediately be provided all requested 2660 reports, chain of custody forms, data, and log files and any 2661 other requested information from any equipment used during the 2662 election, including voting systems and other election systems. 2663 (4)Notwithstanding any provision of this section to the 2664 contrary, upon delivery of a petition signed by at least 5 2665 percent of county voters, a comprehensive audit must be 2666 conducted and include all paper ballots, vote-by-mail voter 2667 certificate envelopes, digital ballots, digital signatures in 2668 voter roll file alongside the corresponding digital signatures 2669 of vote-by-mail voter certificate envelopes, voter rolls, and 2670 other equipment used in the given precinct election being 2671 audited. The auditors for such audit must be chosen by the 2672 petitioning voters, and the audit must be completed in view of 2673 the public. 2674 (a)If the electors petition concerns a single race, a 2675 manual audit must consist of a public manual tally of the votes 2676 cast in that race appearing on the ballot. The tally sheet must 2677 include election day, vote-by-mail, early voting, provisional, 2678 and overseas paper ballots. In addition, the audit must include 2679 data collection and signature comparison, whether in paper or 2680 electronic form, of all vote-by-mail voter certificate 2681 envelopes; paper ballots; signatures, including all signatures 2682 in voter registration files; voter roll files; and other 2683 equipment used in the voting district being audited. 2684 (b)If the electors petition concerns the votes cast 2685 across every race that appears on the ballot, a manual audit of 2686 the votes cast across every race appearing on the ballot must be 2687 conducted. The tally sheet must include election day, vote-by 2688 mail, early voting, provisional, and overseas paper ballots. In 2689 addition, the audit must include data collection and signature 2690 comparison, whether in paper or electronic form, of all vote-by 2691 mail voter certificate envelopes; ballots; signatures, including 2692 all signatures in voter registration files; voter roll files; 2693 and other equipment used in the voting district being audited. 2694 (5)Notwithstanding any provision of this section to the 2695 contrary, if there is a discrepancy of more than the margin of 2696 victory in any race on the ballot reconciliation report, a 2697 manual audit of original ballots, voter certificate envelopes, 2698 and chain of custody forms must be completed for that race, 2699 including all paper ballots, vote-by-mail voter certificate 2700 envelopes, digital ballots, digital signatures in voter roll 2701 file alongside the corresponding digital signatures of the vote 2702 by-mail voter certificate envelopes, voter rolls, and other 2703 equipment used in the given precinct election being audited. The 2704 auditors for such audit must be chosen by the Division of 2705 Elections, and the audit must be completed in view of the 2706 public. 2707 (9)(5)Procedures for a manual recount are as follows: 2708 (a)The county canvassing board shall appoint as many 2709 counting teams of at least two electors as is necessary to 2710 manually recount the ballots. A counting team must have, when 2711 possible, members of at least two political parties. A candidate 2712 involved in the race shall not be a member of the counting team. 2713 (b)Each duplicate ballot prepared pursuant to s. 2714 101.5614(4) or s. 102.141(9) s. 102.141(7) shall be compared 2715 with the original ballot to ensure the correctness of the 2716 duplicate. 2717 (c)If a counting team is unable to determine whether the 2718 ballot contains a clear indication that the voter has made a 2719 definite choice, the ballot shall be presented to the county 2720 canvassing board for a determination. 2721 (d)The Department of State shall adopt detailed rules 2722 prescribing additional recount procedures for each certified 2723 voting system which shall be uniform to the extent practicable. 2724 The rules shall address, at a minimum, the following areas: 2725 1.Security of ballots during the recount process; 2726 2.Time and place of recounts; 2727 3.Public observance of recounts; 2728 4.Objections to ballot determinations; 2729 5.Record of recount proceedings; 2730 6.Procedures relating to candidate and petitioner 2731 representatives; and 2732 7.Procedures relating to the certification and the use of 2733 automatic tabulating equipment that is not part of a voting 2734 system. 2735 Section 23.Section 104.21, Florida Statutes, is amended to 2736 read: 2737 104.21Changing electors ballots or voter certificate 2738 envelopes. 2739 (1)Whoever fraudulently changes or attempts to change the 2740 vote or ballot of any elector, by which actions such elector is 2741 prevented from voting such ballot or from voting such ballot as 2742 the elector intended, is guilty of a felony of the third degree, 2743 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2744 (2)An election worker who changes any information or 2745 marking on a voter certificate envelope in an attempt to cure an 2746 envelope deficiency commits a misdemeanor of the second degree, 2747 punishable as provided in s. 775.082 or s. 775.083. 2748 Section 24.Section 104.291, Florida Statutes, is created 2749 to read: 2750 104.291False representation of poll watcher 2751 identification.A poll watcher who wears a poll watcher 2752 identification badge that belongs to another person commits a 2753 misdemeanor of the second degree, punishable as provided in s. 2754 775.082 or s. 775.083. 2755 Section 25.Section 104.30, Florida Statutes, is amended to 2756 read: 2757 104.30Voting system; unlawful possession; tampering. 2758 (1)Any unauthorized person who unlawfully has possession 2759 of any voting system, components, or key thereof commits is 2760 guilty of a misdemeanor of the first degree, punishable as 2761 provided in s. 775.082 or s. 775.083. 2762 (2)Any person who tampers or attempts to tamper with or 2763 destroy any voting system or equipment with the intention of 2764 interfering with the election process or the results thereof 2765 commits is guilty of a felony of the third degree, punishable as 2766 provided in s. 775.082, s. 775.083, or s. 775.084. 2767 (3)Any person who without lawful authorization prints a 2768 ballot or voter certificate envelope that appears to be a valid 2769 ballot or voter certificate envelope in this state commits a 2770 felony of the third degree, punishable as provided in s. 2771 775.082, s. 775.083, or s. 775.084. 2772 Section 26.This act shall take effect July 1, 2025.