Florida Senate - 2020 SB 1782 By Senator Gainer 2-01622A-20 20201782__ Page 1 of 25 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to super voting sites; creating s. 2 101.0011, F.S.; authorizing the designation and 3 establishment of super voting sites by the supervisor 4 of elections if certain conditions are met; specifying 5 application of other provisions of the Florida 6 Election Code to the administration of super voting 7 sites; requiring the supervisor of elections to track 8 ballots cast at such sites according to the voter’s 9 precinct; authorizing the supervisor to recommend to 10 the board of county commissioners certain sites as 11 super voting site locations; requiring super voting 12 sites to meet certain criteria; requiring the 13 supervisor to designate super voting sites by a 14 specified date before an election; requiring the 15 supervisor to provide a super voting site plan to the 16 Division of Elections by a specified date; requiring 17 the division to approve or deny the proposed plan 18 within a specified timeframe; specifying the timeframe 19 and hours of operation for super voting sites; 20 requiring super voting sites to allow a person in line 21 at the time of closing to vote; authorizing 22 municipalities and special districts to provide voting 23 at super voting sites in certain elections; requiring 24 the supervisor to make certain voter data available; 25 requiring the supervisor to provide such data in a 26 specified manner to the division; specifying that a 27 vote cast at a super voting site must be counted even 28 if an elector dies on or before election day; 29

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 2 of 25 CODING: Words stricken are deletions; words underlined are additions. requiring an elector voting at a super voting site to 30 provide identification and complete a voter 31 certificate; prescribing the form of the certificate; 32 specifying applicability of provisions governing voter 33 challenges and the canvass of returns; amending ss. 34 97.021, 98.0981, 100.032, 101.001, and 101.015, F.S.; 35 conforming provisions to changes made by the act; 36 amending s. 101.051, F.S.; expanding the no-37 solicitation zone surrounding the entrance to voting 38 sites; conforming provisions to changes made by the 39 act; amending ss. 101.131, 101.151, 101.49, 101.5612, 40 101.591, 101.657, 101.69, 101.71, 102.031, and 41 102.141, F.S.; conforming provisions to changes made 42 by the act; providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46

Section

Section 101.0011, Florida Statutes, is created 47 to read: 48 101.0011 Super voting sites.— 49 (1)(

a) Upon the recommendation of the supervisor of 50 elections and approval by the board of county commissioners, the 51 supervisor may designate and establish one or more super voting 52 sites in the county at which any voter registered in the county 53 may vote. Any super voting site created pursuant to this

section 54 may not be changed without the consent of the supervisor and a 55 majority of the members of the board of county commissioners. 56 Any super voting site established in accordance with this 57

section is otherwise considered a polling place subject to s. 58

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 3 of 25 CODING: Words stricken are deletions; words underlined are additions. 101.71, except that a super voting site may be independent of 59 and dissociated from any precinct created by the county.

If a 60 supervisor elects to designate and create one or more super 61 voting sites pursuant to this section, the supervisor is not 62 required to provide early voting in accordance with s. 101.657, 63 and any determinations, processes, or procedures adopted or 64 employed by the supervisor for the administration of early 65 voting are superseded by the requirements of this section. Any 66 requirements and authorizations in s. 101.001 which do not 67 conflict with this

section shall otherwise continue to apply to 68 a county that elects to establish super voting sites. 69 (

b) The supervisor shall mark, code, indicate on, or 70 otherwise track the voter’s precinct for each ballot cast at a 71 super voting site. The results or tabulation of votes cast at a 72 super voting site may not be made before the close of the polls 73 on election day. Official results must be reported by precinct. 74 (

c) The supervisor shall recommend to the board of county 75 commissioners one or more locations within the county as a super 76 voting site. In order to be designated and established as a 77 super voting site, the site must be geographically located so as 78 to provide all voters in the county an equal opportunity to cast 79 a ballot, insofar as is practicable, and must provide sufficient 80 nonpermitted parking to accommodate the anticipated number of 81 voters. The geographic location of super voting sites must be 82 based upon demographics and the distribution of registered 83 voters within the county. 84 (

d) The supervisor shall designate and establish any super 85 voting site by no later than the 30th day before an election. 86 The supervisor shall provide to the division no later than the 87

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 4 of 25 CODING: Words stricken are deletions; words underlined are additions. 30th day before an election the county’s plan for use of super 88 voting sites, which must include an acknowledgement that the 89 board of county commissioners has elected to approve such super 90 voting sites, the address or addresses of the super voting site 91 or sites, and the hours that voting will occur at each site. The 92 division must determine whether the county’s plan complies with 93 the requirements of this subsection and approve or deny the plan 94 within 5 business days after its receipt of the plan, as 95 submitted by the supervisor. 96 (

e) Voting at super voting sites shall begin on the 10th 97 day before an election that contains state or federal races and 98 end on election day. Each super voting site must be open for at 99 least 8 hours, but no more than 12 hours, per day during the 100 applicable period, except the site must be open for 12 hours on 101 election day. In addition, voting at super voting sites may be 102 offered at the discretion of the supervisor on the 15th, 14th, 103 13th, 12th, or 11th day before an election that contains state 104 or federal races for at least 8 hours per day, but no more than 105 12 hours per day.

The supervisor may provide voting at super 106 voting sites for elections that are not held in conjunction with 107 a state or federal election. However, the supervisor has the 108 discretion to determine the hours of operation of super voting 109 sites in those elections. All super voting sites in a county 110 shall allow any person in line at the closing of a super voting 111 site to vote. 112 (

f) Notwithstanding the requirements of s. 100.3605, 113 municipalities may provide voting at super voting sites in 114 municipal elections that are not held in conjunction with county 115 or state elections. If a municipality provides voting at super 116

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 5 of 25 CODING: Words stricken are deletions; words underlined are additions. voting sites, it may designate as many sites as necessary and 117 must conduct its activities in accordance with the provisions of 118 paragraphs (a)-(e). 119 (

g) Notwithstanding the requirements of s. 189.04, special 120 districts may provide voting at super voting sites in any 121 district election not held in conjunction with county or state 122 elections. If a special district provides voting at super voting 123 sites, it may designate as many sites as necessary and shall 124 conduct its activities in accordance with the provisions of 125 paragraphs (a)-(e). 126

(2) During the time period in which a county operates a 127 super voting site, each supervisor shall make available the 128 total number of voters casting a ballot at each super voting 129 site during the previous day. Each supervisor shall prepare an 130 electronic data file listing the individual voters who cast a 131 ballot at each super voting site during the voting period before 132 election day. This information must be provided in electronic 133 format as provided by rule adopted by the division. The 134 information must be updated and made available no later than 135 noon of each day and contemporaneously provided to the division. 136

(3) The ballot of each elector voting at a super voting 137 site must be counted even if the elector dies on or before 138 election day. 139 (4)(

a) The elector must provide identification and must 140 complete a voter certificate in substantially the following 141 form: 142 143 VOTER CERTIFICATE 144 145

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 6 of 25 CODING: Words stricken are deletions; words underlined are additions. I, ...., am a qualified elector in this election and registered 146 voter of .... County, Florida. I do solemnly swear or affirm 147 that I am the person so listed on the voter registration rolls 148 of .... County and that I reside at the listed address.

I 149 understand that if I commit or attempt to commit fraud in 150 connection with voting, vote a fraudulent ballot, or vote more 151 than once in an election, I could be convicted of a felony of 152 the third degree and both fined up to $5,000 and imprisoned for 153 up to 5 years. I understand that my failure to sign this 154 certificate invalidates my ballot. 155 156 ...(Voter’s Signature)... 157 ...(Address)... 158 ...(City/State)... 159 160 (

b) Any elector may challenge an elector seeking to vote at 161 a super voting site under the provisions of s. 101.111. Any 162 challenged voter must vote a provisional ballot. The canvassing 163 board shall review the ballot and decide the validity of the 164 ballot by majority vote. 165 (

c) The canvassing of returns for ballots cast under this 166 subsection shall be substantially the same as for votes cast by 167 electors in precincts, as provided in s. 101.5614. 168

Section 2. Subsection (29) of

section 97.021, Florida 169 Statutes, is amended to read: 170 97.021

Definitions.—For the purposes of this code, except 171 where the context clearly indicates otherwise, the term: 172 (29) “Polling room” means the actual room in which ballots 173 are cast on election day and during early voting or the period 174

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 7 of 25 CODING: Words stricken are deletions; words underlined are additions. in which super voting sites are open. 175

Section 3. Paragraphs (

b) and (

d) of subsection (1) and 176 paragraph (

a) of subsection (2) of

section 98.0981, Florida 177 Statutes, are amended to read: 178 98.0981 Reports; voting history; statewide voter 179 registration system information; precinct-level election 180 results; book closing statistics.— 181

(1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM 182 INFORMATION.— 183 (

b) After receipt of the information in paragraph (a), the 184 department shall prepare a report in electronic format which 185 contains the following information, separately compiled for the 186 primary and general election for all voters qualified to vote in 187 either election: 188 1. The unique identifier assigned to each qualified voter 189 within the statewide voter registration system; 190 2. All information provided by each qualified voter on his 191 or her voter registration application pursuant to s. 97.052(2), 192 except that which is confidential or exempt from public records 193 requirements; 194 3.

Each qualified voter’s date of registration; 195 4. Each qualified voter’s current state representative 196 district, state senatorial district, and congressional district, 197 assigned by the supervisor of elections; 198 5. Each qualified voter’s current precinct; and 199 6. Voting history as transmitted under paragraph (

a) to 200 include whether the qualified voter voted at a precinct 201 location, voted at a super voting site, voted during the early 202 voting period, voted by vote-by-mail ballot, attempted to vote 203

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 8 of 25 CODING: Words stricken are deletions; words underlined are additions. by vote-by-mail ballot that was not counted, attempted to vote 204 by provisional ballot that was not counted, or did not vote. 205 (

d) File specifications are as follows: 206 1. The file must shall contain records designated by the 207 categories below for all qualified voters who, regardless of the 208 voter’s county of residence or active or inactive registration 209 status at the book closing for the corresponding election that 210 the file is being created for: 211 a. Voted a regular ballot at a precinct location. 212 b. Voted at a precinct location using a provisional ballot 213 that was subsequently counted. 214 c. Voted a regular ballot at a super voting site. 215 d.

Voted at a super voting site using a provisional ballot 216 that was subsequently counted. 217 e. Voted a regular ballot during the early voting period. 218 f.d. Voted during the early voting period using a 219 provisional ballot that was subsequently counted. 220 g.e. Voted by vote-by-mail ballot. 221 h.f. Attempted to vote by vote-by-mail ballot, but the 222 ballot was not counted. 223 i.g. Attempted to vote by provisional ballot, but the 224 ballot was not counted in that election. 225 2. Each file must shall be created or converted into a tab-226 delimited format. 227 3.

File names must shall adhere to the following 228 convention: 229 a. Three-character county identifier as established by the 230 department followed by an underscore. 231 b. Followed by four-character file type identifier of 232

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 9 of 25 CODING: Words stricken are deletions; words underlined are additions. “VHO3” followed by an underscore. 233 c. Followed by FVRS election ID followed by an underscore. 234 d. Followed by Date Created followed by an underscore. 235 e. Date format is YYYYMMDD. 236 f. Followed by Time Created - HHMMSS. 237 g. Followed by “.txt”. 238 4. Each record must shall contain the following columns: 239 Record Identifier, FVRS Voter ID Number, FVRS Election ID 240 Number, Vote Date, Vote History Code, Precinct, Congressional 241 District, House District, Senate District, County Commission 242 District, and School Board District. 243

(2) PRECINCT-LEVEL ELECTION RESULTS.— 244 (

a) Within 30 days after certification by the Elections 245 Canvassing Commission of a presidential preference primary 246 election, special election, primary election, or general 247 election, the supervisors of elections shall collect and submit 248 to the department precinct-level election results for the 249 election in a uniform electronic format specified by paragraph 250 (c).

The precinct-level election results shall be compiled 251 separately for the primary or special primary election that 252 preceded the general or special general election, respectively. 253 The results must shall specifically include for each precinct 254 the total of all ballots cast for each candidate or nominee to 255 fill a national, state, county, or district office or proposed 256 constitutional amendment, with subtotals for each candidate and 257 ballot type, unless fewer than 30 voters voted a ballot type. 258 “All ballots cast” means ballots cast by voters who cast a 259 ballot whether at a precinct location, a super voting site, by 260 vote-by-mail ballot including overseas vote-by-mail ballots, 261

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 10 of 25 CODING: Words stricken are deletions; words underlined are additions. during the early voting period, or during the period in which 262 super voting sites are open, if applicable, or by provisional 263 ballot. 264

Section

Section 100.032, Florida Statutes, is amended to 265 read: 266 100.032 Election preparation report; general election.—Each 267 supervisor of elections must post a report on his or her 268 official website at least 3 months before a general election 269 which outlines preparations for the upcoming general election. 270 The report must include, at a minimum, the following elements: 271 the anticipated staffing levels during the early voting period 272 or the period during which super voting sites are operating, on 273 election day and after election day; and the anticipated amount 274 of automatic tabulating equipment at each early voting site, 275 super voting site, and polling place. 276

Section 5. Subsection (1) of

section 101.001, Florida 277 Statutes, is amended to read: 278 101.001 Precincts and polling places; boundaries.— 279

(1) The board of county commissioners in each county, upon 280 recommendation and approval of the supervisor, shall alter or 281 create precincts for voting in the county. Each precinct shall 282 be numbered and, as nearly as practicable, composed of 283 contiguous and compact areas. The supervisor shall designate a 284 polling place at a suitable location within each precinct unless 285 the county has opted to operate super voting sites in accordance 286 with s. 101.0011.

The precinct shall not be changed thereafter 287 except with the consent of the supervisor and a majority of the 288 members of the board of county commissioners. The board of 289 county commissioners and the supervisor may have precinct 290

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 11 of 25 CODING: Words stricken are deletions; words underlined are additions. boundaries conform to municipal boundaries in accordance with 291 the provisions of s. 101.002, but, in any event, the 292 registration books shall be maintained in such a manner that 293 there may be determined therefrom the total number of electors 294 in each municipality. 295

Section 6. Paragraph (

b) of subsection (4) of

section 296 101.015, Florida Statutes, is amended to read: 297 101.015 Standards for voting systems.— 298 (4) 299 (b)1. Each supervisor shall establish written procedures to 300 assure accuracy and security in his or her county, including 301 procedures related to early voting pursuant to s. 101.657 or 302 procedures related to super voting sites pursuant to s. 303 101.0011, if applicable. Such procedures shall be reviewed in 304 each odd-numbered year by the department. 305 2.

Each supervisor shall submit any revisions to the 306 security procedures to the department at least 45 days before 307 early voting commences pursuant to s. 101.657 or super voting 308 sites open pursuant to s. 101.0011 in an election in which they 309 are to take effect. 310

Section 7. Subsections (2) and (5) of

section 101.051, 311 Florida Statutes, are amended to read: 312 101.051 Electors seeking assistance in casting ballots; 313 oath to be executed; forms to be furnished.— 314

(2) It is unlawful for any person to be in the voting booth 315 with any elector except as provided in subsection (1). A person 316 at a polling place, super voting site, or early voting site, or 317 within 150 100 feet of the entrance of a polling place, super 318 voting site, or early voting site, may not solicit any elector 319

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 12 of 25 CODING: Words stricken are deletions; words underlined are additions. in an effort to provide assistance to vote pursuant to 320 subsection (1). Any person who violates this subsection commits 321 a misdemeanor of the first degree, punishable as provided in s. 322 775.082 or s. 775.083. 323

(5) If an elector needing assistance requests that a person 324 other than an election official provide him or her with 325 assistance in voting, the clerk or one of the inspectors shall 326 require the person providing assistance to take the following 327 oath: 328 329 DECLARATION TO PROVIDE ASSISTANCE 330 331 State of Florida 332 County of .... 333 Date .... 334 Precinct .... 335 336 I, ...(Print name)..., have been requested by ...(print 337 name of elector needing assistance)... to provide him or her 338 with assistance to vote.

I swear or affirm that I am not the 339 employer, an agent of the employer, or an officer or agent of 340 the union of the voter and that I have not solicited this voter 341 at the polling place, super voting site, or early voting site or 342 within 150 100 feet of such locations in an effort to provide 343 assistance. 344 345 ...(Signature of assistor)... 346 347 Sworn and subscribed to before me this .... day of ...., 348

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 13 of 25 CODING: Words stricken are deletions; words underlined are additions. ...(year).... 349 350 ...(Signature of Official Administering Oath)... 351 352

Section

Section 101.131, Florida Statutes, is amended to 353 read: 354 101.131 Watchers at polls.— 355

(1) Each political party and each candidate may have one 356 watcher in each polling room or early voting area at any one 357 time during the election. A political committee formed for the 358 specific purpose of expressly advocating the passage or defeat 359 of an issue on the ballot may have one watcher for each polling 360 room or early voting area at any one time during the election.

A 361 No watcher may not shall be permitted to come closer to the 362 officials’ table or the voting booths than is reasonably 363 necessary to properly perform his or her functions, but is each 364 shall be allowed within the polling room or early voting area to 365 watch and observe the conduct of electors and officials. The 366 poll watchers shall furnish their own materials and necessities 367 and may shall not obstruct the orderly conduct of any election. 368 The poll watchers shall pose any questions regarding polling 369 place procedures directly to the clerk for resolution.

They may 370 not interact with voters. Each poll watcher shall be a qualified 371 and registered elector of the county in which he or she serves. 372

(2) Each party, each political committee, and each 373 candidate requesting to have poll watchers shall designate, in 374 writing to the supervisors of elections, on a form prescribed by 375 the division, before noon of the second Tuesday preceding the 376 election poll watchers for each polling room on election day. 377

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 14 of 25 CODING: Words stricken are deletions; words underlined are additions. Designations of poll watchers for early voting areas and super 378 voting sites must shall be submitted in writing to the 379 supervisor of elections, on a form prescribed by the division, 380 before noon at least 14 days before early voting begins or super 381 voting sites open. The poll watchers for polling rooms shall be 382 approved by the supervisor of elections on or before the Tuesday 383 before the election.

Poll watchers for early voting areas and 384 super voting sites shall be approved by the supervisor of 385 elections no later than 7 days before early voting begins or 386 super voting sites open. The supervisor shall furnish to each 387 election board a list of the poll watchers designated and 388 approved for such polling rooms, or early voting areas, or super 389 voting sites. Designation of poll watchers shall be made by the 390 chair of the county executive committee of a political party, 391 the chair of a political committee, or the candidate requesting 392 to have poll watchers. 393

(3) A No candidate or a sheriff, deputy sheriff, police 394 officer, or other law enforcement officer may not be designated 395 as a poll watcher. 396

(4) All poll watchers shall be allowed to enter and watch 397 polls in all polling rooms and early voting areas within the 398 county in which they have been designated if the number of poll 399 watchers at any particular polling place does not exceed the 400 number provided in this section. 401

(5) The supervisor of elections shall provide to each 402 designated poll watcher, no later than 7 days before early 403 voting begins, a poll watcher identification badge that 404 identifies the poll watcher by name. Each poll watcher must wear 405 his or her identification badge while in the polling room or 406

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 15 of 25 CODING: Words stricken are deletions; words underlined are additions. early voting area. 407

Section 9. Paragraph (

b) of subsection (1) of

section 408 101.151, Florida Statutes, is amended to read: 409 101.151 Specifications for ballots.— 410 (1) 411 (

b) Polling places, super voting sites, and early voting 412 sites may employ a ballot-on-demand production system to print 413 individual marksense ballots, including provisional ballots, for 414 eligible electors. Ballot-on-demand technology may be used to 415 produce marksense vote-by-mail and election-day ballots. 416

Section 10. Subsection (1) of

section 101.49, Florida 417 Statutes, is amended to read: 418 101.49 Procedure of election officers where signatures 419 differ.— 420

(1) Whenever any clerk or inspector, upon a just comparison 421 of the signatures, doubts that the signature on the 422 identification presented by the elector is the same as the 423 signature the elector affixed on the precinct register or the 424 voter early voting certificate under s. 101.0011(4)(

a) or s. 425 101.657(4)(a), as applicable, the clerk or inspector shall 426 deliver to the person an affidavit which shall be in 427 substantially the following form: 428 429 STATE OF FLORIDA, 430 COUNTY OF .... 431 432 I do solemnly swear (or affirm) that my name is ....; that 433 I am .... years old; that I was born in the State of ....; that 434 I am registered to vote; that I am a qualified voter of the 435

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 16 of 25 CODING: Words stricken are deletions; words underlined are additions. county and state aforesaid and have not voted in this election. 436 437 ...(Signature of voter)... 438 439 Sworn to and subscribed before me this .... day of ...., A. 440 D. ...(year).... 441 442 ...(Clerk or inspector of election)... 443 444 Precinct No. .... 445 County of .... 446 447

Section 11. Subsection (2) of

section 101.5612, Florida 448 Statutes, is amended to read: 449 101.5612 Testing of tabulating equipment.— 450

(2) On any day not more than 10 days before prior to the 451 commencement of early voting as provided in s. 101.657 or the 452 opening of super voting sites as provided in s. 101.0011, the 453 supervisor of elections shall have the automatic tabulating 454 equipment publicly tested to ascertain that the equipment will 455 correctly count the votes cast for all offices and on all 456 measures. If the ballots to be used at the polling place on 457 election day are not available at the time of the testing, the 458 supervisor may conduct an additional test not more than 10 days 459 before election day.

Public notice of the time and place of the 460 test shall be given at least 48 hours prior thereto by 461 publication on the supervisor of elections’ website and once in 462 one or more newspapers of general circulation in the county or, 463 if there is no newspaper of general circulation in the county, 464

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 17 of 25 CODING: Words stricken are deletions; words underlined are additions. by posting the notice in at least four conspicuous places in the 465 county. The supervisor or the municipal elections official may, 466 at the time of qualifying, give written notice of the time and 467 location of the public preelection test to each candidate 468 qualifying with that office and obtain a signed receipt that the 469 notice has been given.

The Department of State shall give 470 written notice to each statewide candidate at the time of 471 qualifying, or immediately at the end of qualifying, that the 472 voting equipment will be tested and advise each candidate to 473 contact the county supervisor of elections as to the time and 474 location of the public preelection test.

The supervisor or the 475 municipal elections official shall, at least 15 days before 476 prior to the commencement of early voting as provided in s. 477 101.657 or the opening of super voting sites as provided in s. 478 101.0011, send written notice by certified mail to the county 479 party chair of each political party and to all candidates for 480 other than statewide office whose names appear on the ballot in 481 the county and who did not receive written notification from the 482 supervisor or municipal elections official at the time of 483 qualifying, stating the time and location of the public 484 preelection test of the automatic tabulating equipment.

The 485 canvassing board shall convene, and each member of the 486 canvassing board shall certify to the accuracy of the test. For 487 the test, the canvassing board may designate one member to 488 represent it. The test shall be open to representatives of the 489 political parties, the press, and the public. Each political 490 party may designate one person with expertise in the computer 491 field who shall be allowed in the central counting room when all 492 tests are being conducted and when the official votes are being 493

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 18 of 25 CODING: Words stricken are deletions; words underlined are additions. counted. The designee shall not interfere with the normal 494 operation of the canvassing board. 495

Section 12. Paragraphs (

a) and (

b) of subsection (2) of 496

section 101.591, Florida Statutes, are amended to read: 497 101.591 Voting system audit.— 498 (2)(

a) A manual audit consists shall consist of a public 499 manual tally of the votes cast in one randomly selected race 500 that appears on the ballot. The tally sheet must shall include 501 election day, super voting site, election-day, vote-by-mail, 502 early voting, provisional, and overseas ballots, in at least 1 503 percent but no more than 2 percent of the precincts chosen at 504 random by the county canvassing board or the local board 505 responsible for certifying the election.

If 1 percent of the 506 precincts is less than one entire precinct, the audit must shall 507 be conducted using at least one precinct chosen at random by the 508 county canvassing board or the local board responsible for 509 certifying the election. Such precincts shall be selected at a 510 publicly noticed canvassing board meeting. 511 (

b) An automated audit consists shall consist of a public 512 automated tally of the votes cast across every race that appears 513 on the ballot. The tally sheet must shall include election day, 514 super voting site, vote-by-mail, early voting, provisional, and 515 overseas ballots in at least 20 percent of the precincts chosen 516 at random by the county canvassing board or the local board 517 responsible for certifying the election. Such precincts shall be 518 selected at a publicly noticed canvassing board meeting. 519

Section 13. Subsection (5) is added to

section 101.657, 520 Florida Statutes, to read: 521 101.657 Early voting.— 522

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 19 of 25 CODING: Words stricken are deletions; words underlined are additions.

(5) This

section does not apply to a county that has opted 523 to operate super voting sites in accordance with s. 101.0011. 524

Section

Section 101.69, Florida Statutes, is amended to 525 read: 526 101.69 Voting in person; return of vote-by-mail ballot.— 527

(1) The provisions of this code shall not be construed to 528 prohibit any elector from voting in person at the elector’s 529 precinct on the day of an election or at an early voting site or 530 super voting site, notwithstanding that the elector has 531 requested a vote-by-mail ballot for that election. An elector 532 who has returned a voted vote-by-mail ballot to the supervisor, 533 however, is deemed to have cast his or her ballot and is not 534 entitled to vote another ballot or to have a provisional ballot 535 counted by the county canvassing board.

An elector who has 536 received a vote-by-mail ballot and has not returned the voted 537 ballot to the supervisor, but desires to vote in person, shall 538 return the ballot, whether voted or not, to the election board 539 in the elector’s precinct or to an early voting site or super 540 voting site. The returned ballot shall be marked “canceled” by 541 the board and placed with other canceled ballots. However, if 542 the elector does not return the ballot and the election 543 official: 544 (

a) Confirms that the supervisor has received the elector’s 545 vote-by-mail ballot, the elector shall not be allowed to vote in 546 person. If the elector maintains that he or she has not returned 547 the vote-by-mail ballot or remains eligible to vote, the elector 548 shall be provided a provisional ballot as provided in s. 549 101.048. 550 (

b) Confirms that the supervisor has not received the 551

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 20 of 25 CODING: Words stricken are deletions; words underlined are additions. elector’s vote-by-mail ballot, the elector shall be allowed to 552 vote in person as provided in this code. The elector’s vote-by-553 mail ballot, if subsequently received, shall not be counted and 554 shall remain in the mailing envelope, and the envelope shall be 555 marked “Rejected as Illegal.” 556 (

c) Cannot determine whether the supervisor has received 557 the elector’s vote-by-mail ballot, the elector may vote a 558 provisional ballot as provided in s. 101.048. 559

(2) The supervisor shall allow an elector who has received 560 a vote-by-mail ballot to physically return a voted vote-by-mail 561 ballot to the supervisor by placing the envelope containing his 562 or her marked ballot in a secure drop box.

Secure drop boxes 563 shall be placed at the main office of the supervisor, at each 564 branch office of the supervisor, and at each early voting site. 565 Secure drop boxes may also be placed at any other site that 566 would otherwise qualify as an early voting site under s. 567 101.657(1) or a super voting site under s. 101.0011(1)(c); 568 provided, however, that any such site must be staffed during the 569 county’s early voting hours of operation of the county’s early 570 voting sites or super voting sites, whichever is applicable, by 571 an employee of the supervisor’s office or a sworn law 572 enforcement officer. 573

Section 15. Subsection (1) of

section 101.71, Florida 574 Statutes, is amended to read: 575 101.71 Polling place.— 576

(1) There shall be in Each precinct in each county must 577 have a one polling place that is which shall be accessible to 578 the public on election day and is managed by a board of 579 inspectors and clerk of election. If a county has opted to 580

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 21 of 25 CODING: Words stricken are deletions; words underlined are additions. operate super voting sites in accordance with s. 101.0011, each 581 precinct is no longer required to have a polling place but the 582 other requirements of this

section regarding polling places 583 continue to apply. Only one elector is shall be allowed to enter 584 any voting booth at a time; only no one except inspectors are 585 shall be allowed to speak to the elector while casting his or 586 her vote; and an inspector may not no inspector shall speak to 587 or interfere with the elector concerning his or her voting, 588 except to perform the duties as such inspector. Notwithstanding 589 any other provision of this chapter, this

section is shall be 590 applicable if where the computer method of voting is in use, and 591 adequate provision must shall be made for the privacy of the 592 elector while casting his or her vote. 593

Section

Section 102.031, Florida Statutes, is amended 594 to read: 595 102.031 Maintenance of good order at polls; authorities; 596 persons allowed in polling rooms and early voting areas; 597 unlawful solicitation of voters.— 598

(1) Each election board shall possess full authority to 599 maintain order at the polls and enforce obedience to its lawful 600 commands during an election and the canvass of the votes. 601

(2) The sheriff shall deputize a deputy sheriff for each 602 polling place and each early voting site who shall be present 603 during the time the polls or early voting sites are open and 604 until the election is completed, who shall be subject to all 605 lawful commands of the clerk or inspectors, and who shall 606 maintain good order. The deputy may summon assistance from among 607 bystanders to aid him or her when necessary to maintain peace 608 and order at the polls or early voting sites. 609

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 22 of 25 CODING: Words stricken are deletions; words underlined are additions. (3)(

a) No person may enter any polling room or polling 610 place where the polling place is also a polling room, any 611 polling room at a super voting site, or any early voting area 612 during voting hours except the following: 613 1. Official poll watchers; 614 2. Inspectors; 615 3. Election clerks; 616 4. The supervisor of elections or his or her deputy; 617 5. Persons there to vote, persons in the care of a voter, 618 or persons caring for such voter; 619 6. Law enforcement officers or emergency service personnel 620 there with permission of the clerk or a majority of the 621 inspectors; or 622 7.

A person, whether or not a registered voter, who is 623 assisting with or participating in a simulated election for 624 minors, as approved by the supervisor of elections. 625 (

b) The restriction in this subsection does not apply where 626 the polling room is in an area commonly traversed by the public 627 in order to gain access to businesses or homes or in an area 628 traditionally utilized as a public area for discussion. 629 (4)(

a) No person, political committee, or other group or 630 organization may solicit voters inside the polling place or 631 within 150 feet of the entrance to any polling place, a polling 632 room where the polling place is also a polling room, a super 633 voting site, an early voting site, or an office of the 634 supervisor where vote-by-mail ballots are requested and printed 635 on demand for the convenience of electors who appear in person 636 to request them. Before the opening of the polling place, super 637 voting site, or early voting site, the clerk or supervisor shall 638

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 23 of 25 CODING: Words stricken are deletions; words underlined are additions. designate the no-solicitation zone and mark the boundaries. 639 (

b) For the purpose of this subsection, the terms “solicit” 640 or “solicitation” shall include, but not be limited to, seeking 641 or attempting to seek any vote, fact, opinion, or contribution; 642 distributing or attempting to distribute any political or 643 campaign material, leaflet, or handout; conducting a poll except 644 as specified in this paragraph; seeking or attempting to seek a 645 signature on any petition; and selling or attempting to sell any 646 item. The terms “solicit” or “solicitation” may not be construed 647 to prohibit exit polling. 648 (

c) Each supervisor of elections shall inform the clerk of 649 the area within which soliciting is unlawful, based on the 650 particular characteristics of that polling place. The supervisor 651 or the clerk may take any reasonable action necessary to ensure 652 order at the polling places, including, but not limited to, 653 having disruptive and unruly persons removed by law enforcement 654 officers from the polling room or place or from the 150-foot 655 zone surrounding the polling place. 656 (

d) Except as provided in paragraph (a), the supervisor may 657 not designate a no-solicitation zone or otherwise restrict 658 access to any person, political committee, candidate, or other 659 group or organization for the purposes of soliciting voters. 660 This paragraph applies to any public or private property used as 661 a polling place, a super voting site, or an early voting site. 662 (

e) The owner, operator, or lessee of the property on which 663 a polling place, a super voting site, or an early voting site is 664 located, or an agent or employee thereof, may not prohibit the 665 solicitation of voters outside of the no-solicitation zone 666 during polling hours. 667

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(5) No photography is permitted in the polling room, or 668 early voting area, or polling room or voting area at a super 669 voting site, except an elector may photograph his or her own 670 ballot. 671

Section 17. Subsection (4) of

section 102.141, Florida 672 Statutes, is amended to read: 673 102.141 County canvassing board; duties.— 674 (4)(

a) Except as provided under paragraph (b), the 675 supervisor of elections shall upload into the county’s election 676 management system by 7 p.m. on the day before the election the 677 results of all early voting and vote-by-mail ballots that have 678 been canvassed and tabulated by the end of the early voting 679 period. Pursuant to ss. 101.5614(8), 101.657, and 101.68(2), the 680 tabulation of votes cast or the results of such uploads may not 681 be made public before the close of the polls on election day. 682 (

b) If in a county opting to use super voting site voting 683 pursuant to s. 101.0011, the supervisor of elections shall 684 upload into the county’s election management system after the 685 polls close on election day the results of all super voting site 686 and vote-by-mail ballots that have been canvassed and tabulated 687 by the 3rd day before the election. Pursuant to ss. 688 101.0011(1)(b), 101.5614(8), and 101.68(2), the tabulation of 689 votes cast or the results of such uploads may not be made public 690 before the close of the polls on election day. 691 (

c) The canvassing board shall report all early voting and 692 all tabulated vote-by-mail results to the Department of State 693 within 30 minutes after the polls close. Thereafter, the 694 canvassing board shall report, with the exception of provisional 695 ballot results, updated precinct election results or super 696

Florida Senate - 2020 SB 1782 2-01622A-20 20201782__ Page 25 of 25 CODING: Words stricken are deletions; words underlined are additions. voting site election results, if applicable, to the department 697 at least every 45 minutes until all results are completely 698 reported. The supervisor of elections shall notify the 699 department immediately of any circumstances that do not permit 700 periodic updates as required. Results shall be submitted in a 701 format prescribed by the department. 702

Section 18. This act shall take effect July 1, 2020. 703