Florida HB 537 - Draft Sections 31-40

Note: Additions are notated in this manner; deletions are notated in this manner.

Section 31. Subsection (2) of section 101.68, Florida Statutes, is amended to read:
101.68 Canvassing of absentee ballot.--

(2)

(a) The county canvassing board may begin the canvassing of absentee ballots at 7 a.m. on the sixth fourth day before the election, but not later than noon on the day following the election. In addition, for any county using electronic tabulating equipment, the processing of absentee ballots through such tabulating equipment may begin at 7 a.m. on the sixth fourth day before the election. However, notwithstanding any such authorization to begin canvassing or otherwise processing absentee ballots early, no result shall be released until after the closing of the polls in that county on election day. Any supervisor of elections, deputy supervisor of elections, canvassing board member, election board member, or election employee who releases the results of a canvassing or processing of absentee ballots prior to the closing of the polls in that county on election day commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) To ensure that all absentee ballots to be counted by the canvassing board are accounted for, the canvassing board shall compare the number of ballots in its possession with the number of requests for ballots received to be counted according to the supervisor's file or list.

(c)

1. The canvassing board shall, if the supervisor has not already done so, compare the signature of the elector on the voter's certificate with the signature of the elector in the registration books to see that the elector is duly registered in the county and to determine the legality of that absentee ballot. Effective July 1, 2005, The ballot of an elector who casts an absentee ballot shall be counted even if the elector dies on or before election day, as long as, prior to the death of the voter, the ballot was postmarked by the United States Postal Service, date-stamped with a verifiable tracking number by common carrier, or already in the possession of the supervisor of elections. An absentee ballot shall be considered illegal if it does not include the signature of the elector, as shown by the registration records. However, an absentee ballot shall not be considered illegal if the signature of the elector does not cross the seal of the mailing envelope. If the canvassing board determines that any ballot is illegal, a member of the board shall, without opening the envelope, mark across the face of the envelope: "rejected as illegal." The envelope and the ballot contained therein shall be preserved in the manner that official ballots voted are preserved.

2. If any elector or candidate present believes that an absentee ballot is illegal due to a defect apparent on the voter's certificate, he or she may, at any time before the ballot is removed from the envelope, file with the canvassing board a protest against the canvass of that ballot, specifying the precinct, the ballot, and the reason he or she believes the ballot to be illegal. A challenge based upon a defect in the voter's certificate may not be accepted after the ballot has been removed from the mailing envelope.

(d) The canvassing board shall record the ballot upon the proper record, unless the ballot has been previously recorded by the supervisor. The mailing envelopes shall be opened and the secrecy envelopes shall be mixed so as to make it impossible to determine which secrecy envelope came out of which signed mailing envelope; however, in any county in which an electronic or electromechanical voting system is used, the ballots may be sorted by ballot styles and the mailing envelopes may be opened and the secrecy envelopes mixed separately for each ballot style. The votes on absentee ballots shall be included in the total vote of the county.

Section 32. Subsection (2) of section 102.112, Florida Statutes, is amended to read:
102.112 Deadline for submission of county returns to the Department of State.--

(2) Returns must be filed by 5 p.m. on the 7th day following a primary election and by noon 5 p.m. on the 12th 11th day following the general election. However, the Department of State may correct typographical errors, including the transposition of numbers, in any returns submitted to the Department of State pursuant to s. 102.111(1).

Section 33. Present subsections (4) through (9) of section 102.141, Florida Statutes, are renumbered as subsections (5) through (10), respectively, present subsections (4) and (6) of that section are amended, and a new subsection (4) is added to that section, to read:
102.141 County canvassing board; duties.--

(4) The canvassing board shall submit by 11:59 p.m. on election night the preliminary returns it has received to the Department of State in a format provided by the department.

(5)(4) The canvassing board shall submit on forms or in formats provided by the division unofficial returns to the Department of State for each federal, statewide, state, or multicounty office or ballot measure no later than noon on the third day after any primary election and no later than noon on the fourth fifth day after any general or other election. Such returns shall include the canvass of all ballots as required by subsection (2), except for provisional ballots, which returns shall be reported at the time required for official returns pursuant to s. 102.112(2).

(7)(6) If the unofficial returns reflect that a candidate for any office was defeated or eliminated by one-half of a percent or less of the votes cast for such office, that a candidate for retention to a judicial office was retained or not retained by one-half of a percent or less of the votes cast on the question of retention, or that a measure appearing on the ballot was approved or rejected by one-half of a percent or less of the votes cast on such measure, the board responsible for certifying the results of the vote on such race or measure shall order a recount of the votes cast with respect to such office or measure. The Elections Canvassing Commission is the board responsible for ordering federal, state, and multicounty recounts. A recount need not be ordered with respect to the returns for any office, however, if the candidate or candidates defeated or eliminated from contention for such office by one1381 half of a percent or less of the votes cast for such office request in writing that a recount not be made.

(a) Each canvassing board responsible for conducting a recount shall put each marksense ballot through automatic tabulating equipment and determine whether the returns correctly reflect the votes cast. If any marksense ballot is physically damaged so that it cannot be properly counted by the automatic tabulating equipment during the recount, a true duplicate shall be made of the damaged ballot pursuant to the procedures in s. 101.5614(5). Immediately before the start of the recount, a test of the tabulating equipment shall be conducted as provided in s. 101.5612. If the test indicates no error, the recount tabulation of the ballots cast shall be presumed correct and such votes shall be canvassed accordingly. If an error is detected, the cause therefor shall be ascertained and corrected and the recount repeated, as necessary. The canvassing board shall immediately report the error, along with the cause of the error and the corrective measures being taken, to the Department of State. No later than 11 days after the election, the canvassing board shall file a separate incident report with the Department of State, detailing the resolution of the matter and identifying any measures that will avoid a future recurrence of the error.

(b) Each canvassing board responsible for conducting a recount where touchscreen ballots were used shall examine the counters on the precinct tabulators to ensure that the total of the returns on the precinct tabulators equals the overall election return. If there is a discrepancy between the overall election return and the counters of the precinct tabulators, the counters of the precinct tabulators shall be presumed correct and such votes shall be canvassed accordingly.

(c) The canvassing board shall submit on forms or in formats provided by the division a second set of unofficial returns to the Department of State for each federal, statewide, state, or multicounty office or ballot measure no later than 3 p.m. on the fifth day after any primary election and no later than 3 p.m. on the ninth eighth day after any general election in which a recount was conducted pursuant to this subsection. If the canvassing board is unable to complete the recount prescribed in this subsection by the deadline, the second set of unofficial returns submitted by the canvassing board shall be identical to the initial unofficial returns and the submission shall also include a detailed explanation of why it was unable to timely complete the recount. However, the canvassing board shall complete the recount prescribed in this subsection, along with any manual recount prescribed in s. 102.166, and certify election returns in accordance with the requirements of this chapter.

(d) The Department of State shall adopt detailed rules prescribing additional recount procedures for each certified voting system, which shall be uniform to the extent practicable.

Section 34. Paragraph (b) of subsection (5) of section 102.166, Florida Statutes, is amended to read:
102.166 Manual recounts.--

(5) Procedures for a manual recount are as follows:

(b) Each duplicate ballot prepared pursuant to s. 101.5614(5) or s. 102.141(7) s. 102.141(6) shall be compared with the original ballot to ensure the correctness of the duplicate.

Section 35. Subsection (3) is added to section 103.081, Florida Statutes, to read:
103.081 Use of party name; political advertising.--

(3) A political party may file with the Department of State names of groups or committees associated with the political party. Such filed names may not be used without first obtaining the written permission of the chair of the state executive committee of the party.

Section 36. Subsections (1) and (4) and paragraph (b) of subsection (6) of section 103.091, Florida Statutes, are amended to read:
103.091 Political parties.--

(1) Each political party of the state shall be represented by a state executive committee. County executive committees and other committees may be established in accordance with the rules of the state executive committee. A political party may provide for the selection of its national committee and its state and county executive committees in such manner as it deems proper. Unless otherwise provided by party rule, the county executive committee of each political party shall consist of at least two members, a man and a woman, from each precinct, who shall be called the precinct committeeman and committeewoman. For counties divided into 40 or more precincts, the state executive committee may adopt a district unit of representation for such county executive committees. Upon adoption of a district unit of representation, the state executive committee shall request the supervisor of elections of that county, with approval of the board of county commissioners, to provide for election districts as nearly equal in number of registered voters as possible. Each county committeeman or committeewoman shall be a resident of the precinct from which he or she is elected. Each state committeeman or committeewoman must be a member in good standing of the county executive committee for the county in which the state committeeman or committeewoman is a registered voter.

(4) Any political party other than a minor political party may by rule provide for the membership of its state or county executive committee to be elected for 4-year terms at the primary election in each year a presidential election is held. The terms shall commence on the first day of the month following each presidential general election; but the names of candidates for political party offices shall not be placed on the ballot at any other election. The results of such election shall be determined by a plurality of the votes cast. In such event, electors seeking to qualify for such office shall do so with the Department of State or supervisor of elections not earlier than noon of the 71st 57th day, or later than noon of the 67th 53rd day, preceding the primary election. The outgoing chair of each county executive committee shall, within 30 days after the committee members take office, hold an organizational meeting of all newly elected members for the purpose of electing officers. The chair of each state executive committee shall, within 60 days after the committee members take office, hold an organizational meeting of all newly elected members for the purpose of electing officers.

(6)

(b) Each state executive committee shall include, as at1495 large committeemen and committeewomen, all members of the United States Congress representing the State of Florida who are members of the political party, all statewide elected officials who are members of the party, 10 Florida registered voters who are members of the party as appointed by the Governor if the Governor is a member of the party, and the President of the Senate or the Minority Leader in the Senate, and the Speaker of the House of Representatives or the Minority Leader in the House of Representatives, whichever is a member of the political party, and 20 members of the Legislature who are members of the political party. Ten of the legislators shall be appointed with the concurrence of the state chair of the respective party, as follows: five to be appointed by the President of the Senate; five by the Minority Leader in the Senate; five by the Speaker of the House of Representatives; and five by the Minority Leader in the House.

Section 37. Section 103.141, Florida Statutes, is amended to read:
103.141 Removal of county executive committee member for violation of oath.--

(1) Where the county executive committee by at least a two-thirds majority vote of the members of the committee, attending a meeting held after due notice has been given and at which meeting a quorum is present, determines an incumbent county executive committee member to be guilty of an offense involving a violation of the member's oath of office, said member so violating his or her oath shall be removed from office and the office shall be deemed vacant. Provided, however, if the county committee wrongfully removes a county committee member and the committee member so wrongfully removed files suit in the circuit court alleging his or her removal was wrongful and wins said suit, the committee member shall be restored to office and the county committee shall pay the costs incurred by the wrongfully removed committee member in bringing the suit, including reasonable attorney's fees.

(2) Any officer, county committeeman, county committeewoman, precinct committeeman, precinct committeewoman, or member of a county executive committee may be removed from office pursuant to s. 103.161. Either the county or state executive committee is empowered to take judicial action in chancery against a county committee member for alleged violation of the member's oath of office in the circuit court of the county in which that committee member is an elector; provided, however, that the state committee may take such judicial action only when a county committee refuses to take such judicial action within 10 days after a charge is made. Procedure shall be as in other cases in chancery, and if the court shall find as fact that the defendant did violate his or her oath of office, it shall enter a decree removing the defendant from the county committee. If either such executive committee brings suit in the circuit court for the removal of a county committee member and loses said suit, such committee shall pay the court costs incurred in such suit by the committee member, including reasonable attorney's fees.

Section 38. Section 103.151, Florida Statutes, is repealed.

Section 39. Section 103.161, Florida Statutes, is created to read:
103.161 Removal or suspension of officers or members of state executive committee or county executive committee.--

(1) The chairman of the state executive committee is empowered to remove or suspend from an office within the chairman's political party any officer, state committeeman, state committeewoman, county committeeman, county committeewoman, precinct committeeman, precinct committeewoman, or other member of a state executive committee, county executive committee, political party club, or other organization using the political party name as provided in s. 103.081 for a violation of the oath of office taken by such individual or for engaging in other activities described in this section.

(2) Such violation may include engaging in activities that have or could have injured the name or status of the political party or interfered with the activities of the political party. The chairman has sole discretion to determine if a violation occurred.

(3) Upon the chairman's determination that a violation of the oath of office occurred or that an individual engaged in other activities described in this section, the chairman may remove or suspend the individual from his or her office. If the chairman removes the individual from office, the office shall be deemed vacant upon the delivery of the chairman's written order of removal to the individual. When a vacancy in office is created, the chairman shall appoint an individual to serve through the end of the term of the office. If the chairman suspends the individual, the chairman shall determine the length of the suspension.

(4) An individual removed from office by the chairman shall not be eligible to serve on the state executive committee or any county executive committee of the political party for a period of no less than 4 years from the effective date of the removal.

Section 40. Subsection (1) of section 105.031, Florida Statutes, is amended to read:
105.031 Qualification; filing fee; candidate's oath; items required to be filed.--

(1) TIME OF QUALIFYING.--Except for candidates for judicial office, nonpartisan candidates for multicounty office shall qualify with the Division of Elections of the Department of State and nonpartisan candidates for countywide or less than countywide office shall qualify with the supervisor of elections. Candidates for judicial office other than the office of county court judge shall qualify with the Division of Elections of the Department of State, and candidates for the office of county court judge shall qualify with the supervisor of elections of the county. Candidates for judicial office shall qualify no earlier than noon of the 120th day, and no later than noon of the 116th day, before the primary election. Candidates for the office of school board member shall qualify no earlier than noon of the 71st 50th day, and no later than noon of the 67th 46th day, before the primary election. Filing shall be on forms provided for that purpose by the Division of Elections and furnished by the appropriate qualifying officer. Any person seeking to qualify by the petition process, as set forth in s. 105.035, who has submitted the necessary petitions by the required deadline and is notified after the fifth day prior to the last day for qualifying that the required number of signatures has been obtained, shall be entitled to subscribe to the candidate's oath and file the qualifying papers at any time within 5 days from the date he or she is notified that the necessary number of signatures has been obtained. Any person other than a write-in candidate who qualifies within the time prescribed in this subsection shall be entitled to have his or her name printed on the ballot.