Title: Canvassing of Provisional Ballots

Summary: Revising a reference to the deadline for a person who cast a provisional ballot to present evidence verifying authenticity of certain information in a voter registration application, to conform; requiring the supervisor to allow a person who voted a provisional ballot to present identification and submit an affidavit to cure an unsigned Provisional Ballot Voter's Certificate and Affirmation or a provisional ballot rejected due to a signature discrepancy, etc.

Full Text:
An act relating to the canvassing of provisional ballots; amending s. 97.053, F.S.; revising a reference to the deadline for a person who cast a provisional ballot to present evidence verifying authenticity of certain information in a voter registration application, to conform; amending s. 101.048, F.S.; extending the timeframe for which a person who cast a provisional ballot may present written evidence supporting his or her eligibility to vote; revising requirements for instructions provided to a person who casts a provisional ballot, to conform; requiring the supervisor to provide certain notification to a person whose provisional ballot was rejected; requiring the supervisor to allow a person who voted a provisional ballot to present identification and submit an affidavit to cure an unsigned Provisional Ballot Voter s Certificate and Affirmation or a provisional ballot rejected due to a signature discrepancy; prescribing the form and content of the affidavit; providing instructions to accompany each affidavit; requiring the affidavit, instructions, and the supervisor s contact information to be posted on specified websites; requiring the supervisor to attach a received affidavit to the corresponding provisional ballot envelope; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (6) of section 97.053, Florida Statutes, is amended to read: 97.053 Acceptance of voter registration applications.  (6) A voter registration application may be accepted as valid only after the department has verified the authenticity or nonexistence of the driver license number, the Florida identification card number, or the last four digits of the social security number provided by the applicant. If a completed voter registration application has been received by the book closing deadline but the driver license number, the Florida identification card number, or the last four digits of the social security number provided by the applicant cannot be verified, the applicant shall be notified that the number cannot be verified and that the applicant must provide evidence to the supervisor sufficient to verify the authenticity of the applicant s driver license number, Florida identification card number, or last four digits of the social security number. If the applicant provides the necessary evidence, the supervisor shall place the applicant s name on the registration rolls as an active voter. If the applicant has not provided the necessary evidence or the number has not otherwise been verified prior to the applicant presenting himself or herself to vote, the applicant shall be provided a provisional ballot. The provisional ballot shall be counted only if the number is verified by the end of the canvassing period or if the applicant presents evidence to the supervisor of elections sufficient to verify the authenticity of the applicant s driver license number, Florida identification card number, or last four digits of the social security number no later than p.m. of the third second day following the election. Section 2. Subsection (1), paragraph (b) of subsection (2), and subsection (5) of section 101.048, Florida Statutes, are amended, and subsection (7) is added to that section, to read: 101.048 Provisional ballots.  (1) At all elections, a voter claiming to be properly registered in the state and eligible to vote at the precinct in the election but whose eligibility cannot be determined, a person whom an election official asserts is not eligible, and other persons specified in the code shall be entitled to vote a provisional ballot. Once voted, the provisional ballot shall be placed in a secrecy envelope and thereafter sealed in a provisional ballot envelope. The provisional ballot shall be deposited in a ballot box. All provisional ballots shall remain sealed in their envelopes for return to the supervisor of elections. The department shall prescribe the form of the provisional ballot envelope. A person casting a provisional ballot shall have the right to present written evidence supporting his or her eligibility to vote to the supervisor of elections by not later than p.m. on the third second day following the election. (2) (b)1. If it is determined that the person was registered and entitled to vote at the precinct where the person cast a vote in the election, the canvassing board shall compare the signature on the Provisional Ballot Voter s Certificate and Affirmation or the provisional ballot affidavit, if applicable, as provided under paragraph (7)(a), with the signature on the voter s registration and, if it matches, shall count the ballot. 2. If it is determined that the person voting the provisional ballot was not registered or entitled to vote at the precinct where the person cast a vote in the election, the provisional ballot shall not be counted and the ballot shall remain in the envelope containing the Provisional Ballot Voter s Certificate and Affirmation and the envelope shall be marked  Rejected as Illegal.  (5) Each person casting a provisional ballot shall be given written instructions regarding the person s right to provide the supervisor of elections with written evidence of his or her eligibility to vote,and regarding the free access system established pursuant to subsection (6),and the opportunity to cure a rejected provisional ballot pursuant to subsection (7).The instructions shall contain information on how to access the system and the information the voter will need to provide to obtain information on his or her particular ballot. The instructions shall also include the following statement:  If this is a primary election, you should contact the supervisor of elections  office immediately to confirm that you are registered and can vote in the general election.  (7)   The supervisor of elections shall, on behalf of the county canvassing board, notify each person whose provisional ballot was rejected as illegal and provide the specific reason the ballot was rejected. To the extent possible, the supervisor shall provide such notification before the deadline to submit a provisional ballot affidavit pursuant to paragraph (a). (a) Until p.m. on the third day following the election, the supervisor of elections shall allow a person who has voted a provisional ballot that does not include the person s signature on the Provisional Ballot Voter s Certificate and Affirmation, or that was rejected due to a difference between the person s signature on the Voter s Certificate and Affirmation with the signature on the voter s registration, to complete and submit an affidavit in order to cure the provisional ballot. The supervisor of elections may allow a person to submit an affidavit to cure a provisional ballot only if the person s identity can otherwise be ascertained through information provided in the Provisional Ballot Voter s Certificate and Affirmation. (b) The person must provide identification to the supervis or of elections and must complete a provisional ballot affidavit in substantially the following form: PROVISIONAL BALLOT AFFIDAVIT I,....,am a qualified voter in this election and registered voter of.... County, Florida. I do solemnly swear or affirm that I voted a provisional ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, vote a fraudulent ballot, or vote more than once in an election, I may be convicted of a felony of the third degree,fined up to $5,000,and imprisoned for up to years. I understand that my failure to sign this affidavit means that my provisional ballot will be invalidated....(Voter s Signature)......(Address)... (c)  Instructions must accompany the provisional ballot affidavit in substantially the following form: READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. 1. In order to cure the missing signature or the signature discrepancy on your Provisional Ballot Voter s Certificate and Affirmation,your affidavit should be completed and returned as soon as possible so that it can reach the supervisor of elections of the county in which your precinct is located no later than p.m. on the third day following the election. 2. You must sign your name on the line above (Voter s Signature). 3. You must make a copy of one of the following forms of identification: a. Identification that includes your name and photograph: United States passport; debit or credit card; military identification; student identification; retirement center identification; neighborhood association identification; public assistance identification; veteran health identification card issued by the United States Department of Veterans Affairs; Florida license to carry a concealed weapon or firearm; or employee identification card issued by any branch, department, agency, or entity of the Federal Government, the state, a county, or a municipality; or b. Identification that shows your name and current residence address: current utility bill;bank statement; government check;paycheck; or government document (excluding voter identification card). 4. Place the envelope bearing the affidavit into a mailing envelope addressed to the supervisor of elections.Insert a copy of your identification in the mailing envelope. Mail, deliver, or have delivered the completed affidavit along with the copy of your identification to your county supervisor of elections. Be sure there is sufficient postage if mailed and that the supervisor s address is correct. 5. Alternatively, you may fax or e-mail your completed affidavit and a copy of your identification to the supervisor of elections. If e-mailing, please provide these documents as attachments. 6. Submitting a provisional ballot affidavit does not establish your eligibility to vote in this election or guarantee that your ballot will be counted. The county canvassing board determines your eligibility to vote through information provided on the Provisional Ballot Voter s Certificate and Affirmation, written evidence provided by you, and any other evidence presented by the supervisor of elections or a challenger. You may still be required to present additional written evidence to support your eligibility to vote no later than p.m. on the third day following the election. (d ) The department and each supervisor of elections shall include the affidavit and instructions on their respective websites. The supervisor of elections shall include his or her office mailing address, e-mail address, and fa csimile number on the page containing the affidavit instructions; the department s instruction page must include the office mailing addresses, email addresses, and fa csimile numbers of all supervisors of elections or provide a conspicuous link to such addresses. (e ) The supervisor of elections shall attach each affidavit received to the appropriate provisional ballot envelope containing the Provisional Ballot Voter s Certificate and Affirmation.Section 3. This act shall take effect July 1, 2017.