Title: Provisional Ballots

Summary: Requiring the supervisor of elections to allow a person who voted a provisional ballot to submit an affidavit to cure an unsigned Provisional Ballot Voter's Certificate and Affirmation; 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, etc.

Full Text:
An act relating to provisional ballots; amending s. 101.048, F.S.; requiring the supervisor of elections to allow a person who voted a provisional ballot to submit an affidavit to cure an unsigned Provisional Ballot Voter s Certificate and Affirmation; 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. Paragraph (b) of subsection (2) of section 101.048, Florida Statutes, is amended, and subsection (7) is added to that section, to read: 101.048 Provisional ballots.  (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, 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.  (7)  Until p.m. on the second 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 to complete and submit an affidavit in order to cure the unsigned provisional ballot. The supervisor of elections may allow a person to submit an affidavit to cure an unsigned provisional ballot only if the person s identity can otherwise be ascertained through information provided in the Provisional Ballot Voter s Certificate and Affirmation. (a) 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)... (b)  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 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 second 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; or public assistance identification; 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 the voter, 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 second day following the election. (c ) 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 s 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, e-mail addresses, and fa csimile numbers of all supervisors of elections or provide a conspicuous link to such addresses. (d ) 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 2. This act shall take effect July 1, 2016.