Florida Senate - 2021 SB 774 By Senator Gainer 2-00508A-21 2021774__ 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 supervisors of 4 elections, subject to approval of the Division of 5 Elections; specifying application of other provisions 6 of the Florida Election Code to the administration of 7 super voting sites; requiring the supervisor of 8 elections to track ballots cast at such sites 9 according to the voter’s precinct; requiring super 10 voting sites to meet certain criteria; requiring the 11 supervisor to designate super voting sites by a 12 specified date before an election; requiring the 13 supervisor to provide a super voting site plan to the 14 division by a specified date; requiring the division 15 to approve or deny the proposed plan within a 16 specified timeframe; specifying the timeframe and 17 hours of operation for super voting sites; requiring 18 super voting sites to allow a person in line at the 19 time of closing to vote; authorizing municipalities 20 and special districts to provide voting at super 21 voting sites in certain elections; requiring the 22 supervisor to make certain voter data available; 23 requiring the supervisor to provide such data in a 24 specified manner to the division; specifying that a 25 vote cast at a super voting site must be counted even 26 if an elector dies on or before election day; 27 requiring an elector voting at a super voting site to 28 provide identification and complete a voter 29

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 2 of 25 CODING: Words stricken are deletions; words underlined are additions. certificate; prescribing the form of the certificate; 30 specifying applicability of provisions governing voter 31 challenges and the canvass of returns; amending ss. 32 97.021, 98.0981, 100.032, 101.001, and 101.015, F.S.; 33 conforming provisions to changes made by the act; 34 amending s. 101.051, F.S.; expanding the no-35 solicitation zone surrounding the entrance to voting 36 sites; conforming provisions to changes made by the 37 act; amending ss. 101.131, 101.151, 101.49, 101.5612, 38 101.591, 101.657, 101.69, 101.71, 102.031, and 39 102.141, F.S.; conforming provisions to changes made 40 by the act; making technical changes; providing an 41 effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45

Section

Section 101.0011, Florida Statutes, is created 46 to read: 47 101.0011 Super voting sites.— 48 (1)(

a) Upon approval by the division, the supervisor may 49 designate and establish one or more super voting sites in the 50 county at which site any voter registered in the county may 51 vote. Any super voting site established in accordance with this 52

section is otherwise considered a polling place subject to s. 53 101.71, except that a super voting site may be independent of 54 and dissociated from any precinct created by the county. If a 55 supervisor elects to designate and create one or more super 56 voting sites pursuant to this section, the supervisor is not 57 required to provide early voting in accordance with s. 101.657, 58

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 3 of 25 CODING: Words stricken are deletions; words underlined are additions. and any determinations, processes, or procedures adopted or 59 employed by the supervisor for the administration of early 60 voting are superseded by the requirements of this section. Any 61 requirements and authorizations in s. 101.001 which do not 62 conflict with this

section shall otherwise continue to apply to 63 a county that elects to establish super voting sites. 64 (

b) The supervisor shall mark, code, indicate on, or 65 otherwise track the voter’s precinct for each ballot cast at a 66 super voting site. The results or tabulation of votes cast at a 67 super voting site may not be made before the close of the polls 68 on election day. 69 (

c) In order to be designated and established as a super 70 voting site, the site must be geographically located so as to 71 provide all voters in the county an equal opportunity to cast a 72 ballot, insofar as is practicable, and must provide sufficient 73 nonpermitted parking to accommodate the anticipated number of 74 voters. The geographic location of super voting sites must be 75 based upon demographics and the distribution of registered 76 voters within the county.

In addition, the supervisor may 77 designate additional super voting sites, to operate on the day 78 before the election and election day, as needed to ensure equal 79 and balanced geographic access for voters in other areas of the 80 county. The hours of operation for any additional super voting 81 sites must be consistent with all other super voting sites 82 within the county. 83 (

d) Super voting sites must be designated and established 84 by no later than the 30th day before an election. The supervisor 85 shall provide to the division no later than the 30th day before 86 an election the supervisor’s plan for use of super voting sites, 87

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 4 of 25 CODING: Words stricken are deletions; words underlined are additions. which must include the address or addresses of the super voting 88 site or sites and the hours that voting will occur at each site. 89 The division must determine whether the supervisor’s plan 90 complies with the requirements of this subsection and approve or 91 deny the plan within 5 business days after its receipt of the 92 plan, as submitted by the supervisor. 93 (

e) Voting at super voting sites shall begin on the 10th 94 day before an election that contains state or federal races and 95 end on election day. Each super voting site must be open for at 96 least 8 hours, but no more than 12 hours, per day during the 97 applicable period, except the site must be open for 12 hours on 98 election day. In addition, voting at super voting sites may be 99 offered at the discretion of the supervisor on the 15th, 14th, 100 13th, 12th, or 11th day before an election that contains state 101 or federal races for at least 8 hours per day, but no more than 102 12 hours per day.

The supervisor may provide voting at super 103 voting sites for elections that are not held in conjunction with 104 a state or federal election. However, the supervisor has the 105 discretion to determine the hours of operation of super voting 106 sites in those elections. All super voting sites in a county 107 shall allow any person in line at the closing of a super voting 108 site to vote. 109 (

f) Notwithstanding the requirements of s. 100.3605, 110 municipalities may provide voting at super voting sites in 111 municipal elections that are not held in conjunction with county 112 or state elections. If a municipality provides voting at super 113 voting sites, it may designate as many sites as necessary and 114 must conduct its activities in accordance with the provisions of 115 paragraphs (a)-(e). 116

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g) Notwithstanding the requirements of s. 189.04, special 117 districts may provide voting at super voting sites in any 118 district election not held in conjunction with county or state 119 elections. If a special district provides voting at super voting 120 sites, it may designate as many sites as necessary and shall 121 conduct its activities in accordance with the provisions of 122 paragraphs (a)-(e). 123

(2) During the time period in which a county operates a 124 super voting site, each supervisor shall make available the 125 total number of voters casting a ballot at each super voting 126 site during the previous day. Each supervisor shall prepare an 127 electronic data file listing the individual voters who cast a 128 ballot at each super voting site during the voting period before 129 election day. This information must be provided in electronic 130 format as provided by rule adopted by the division. The 131 information must be updated and made available no later than 132 noon of each day and contemporaneously provided to the division. 133

(3) The ballot of each elector voting at a super voting 134 site must be counted even if the elector dies on or before 135 election day. 136 (4)(

a) The elector must provide identification and must 137 complete a voter certificate in substantially the following 138 form: 139 140 VOTER CERTIFICATE 141 142 I, ...., am a qualified elector in this election and registered 143 voter of .... County, Florida. I do solemnly swear or affirm 144 that I am the person so listed on the voter registration rolls 145

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 6 of 25 CODING: Words stricken are deletions; words underlined are additions. of .... County and that I reside at the listed address. I 146 understand that if I commit or attempt to commit fraud in 147 connection with voting, vote a fraudulent ballot, or vote more 148 than once in an election, I could be convicted of a felony of 149 the third degree and both fined up to $5,000 and imprisoned for 150 up to 5 years. I understand that my failure to sign this 151 certificate invalidates my ballot. 152 153 ...(Voter’s Signature)... 154 ...(Address)... 155 ...(City/State)... 156 157 (

b) Any elector may challenge an elector seeking to vote at 158 a super voting site under the provisions of s. 101.111. Any 159 challenged voter must vote a provisional ballot. The canvassing 160 board shall review the ballot and decide the validity of the 161 ballot by majority vote. 162 (

c) The canvassing of returns for ballots cast under this 163 subsection shall be substantially the same as for votes cast by 164 electors in precincts, as provided in s. 101.5614. 165

Section 2. Subsection (30) of

section 97.021, Florida 166 Statutes, is amended to read: 167 97.021

Definitions.—For the purposes of this code, except 168 where the context clearly indicates otherwise, the term: 169 (30) “Polling room” means the actual room in which ballots 170 are cast on election day and during early voting or the period 171 in which super voting sites are open. 172

Section 3. Paragraphs (

b) and (

d) of subsection (1) and 173 paragraph (

a) of subsection (2) of

section 98.0981, Florida 174

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 7 of 25 CODING: Words stricken are deletions; words underlined are additions. Statutes, are amended to read: 175 98.0981 Reports; voting history; statewide voter 176 registration system information; precinct-level election 177 results; book closing statistics.— 178

(1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM 179 INFORMATION.— 180 (

b) After receipt of the information in paragraph (a), the 181 department shall prepare a report in electronic format which 182 contains the following information, separately compiled for the 183 primary and general election for all voters qualified to vote in 184 either election: 185 1. The unique identifier assigned to each qualified voter 186 within the statewide voter registration system; 187 2. All information provided by each qualified voter on his 188 or her voter registration application pursuant to s. 97.052(2), 189 except that which is confidential or exempt from public records 190 requirements; 191 3.

Each qualified voter’s date of registration; 192 4. Each qualified voter’s current state representative 193 district, state senatorial district, and congressional district, 194 assigned by the supervisor of elections; 195 5. Each qualified voter’s current precinct; and 196 6. Voting history as transmitted under paragraph (

a) to 197 include whether the qualified voter voted at a precinct 198 location, voted at a super voting site, voted during the early 199 voting period, voted by vote-by-mail ballot, attempted to vote 200 by vote-by-mail ballot that was not counted, attempted to vote 201 by provisional ballot that was not counted, or did not vote. 202 (

d) File specifications are as follows: 203

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 8 of 25 CODING: Words stricken are deletions; words underlined are additions. 1. The file must shall contain records designated by the 204 categories below for all qualified voters who, regardless of the 205 voter’s county of residence or active or inactive registration 206 status at the book closing for the corresponding election that 207 the file is being created for: 208 a. Voted a regular ballot at a precinct location. 209 b. Voted at a precinct location using a provisional ballot 210 that was subsequently counted. 211 c.

Voted a regular ballot at a super voting site. 212 d. Voted at a super voting site using a provisional ballot 213 that was subsequently counted. 214 e. Voted a regular ballot during the early voting period. 215 f.d. Voted during the early voting period using a 216 provisional ballot that was subsequently counted. 217 g.e. Voted by vote-by-mail ballot. 218 h.f. Attempted to vote by vote-by-mail ballot, but the 219 ballot was not counted. 220 i.g. Attempted to vote by provisional ballot, but the 221 ballot was not counted in that election. 222 2.

Each file must shall be created or converted into a tab-223 delimited format. 224 3. File names must shall adhere to the following 225 convention: 226 a. Three-character county identifier as established by the 227 department followed by an underscore. 228 b. Followed by four-character file type identifier of 229 “VHO3” followed by an underscore. 230 c. Followed by FVRS election ID followed by an underscore. 231 d. Followed by Date Created followed by an underscore. 232

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 9 of 25 CODING: Words stricken are deletions; words underlined are additions. e. Date format is YYYYMMDD. 233 f. Followed by Time Created - HHMMSS. 234 g. Followed by “.txt”. 235 4. Each record must shall contain the following columns: 236 Record Identifier, FVRS Voter ID Number, FVRS Election ID 237 Number, Vote Date, Vote History Code, Precinct, Congressional 238 District, House District, Senate District, County Commission 239 District, and School Board District. 240

(2) PRECINCT-LEVEL ELECTION RESULTS.— 241 (

a) Within 30 days after certification by the Elections 242 Canvassing Commission of a presidential preference primary 243 election, special election, primary election, or general 244 election, the supervisors of elections shall collect and submit 245 to the department precinct-level election results for the 246 election in a uniform electronic format specified by paragraph 247 (c).

The precinct-level election results shall be compiled 248 separately for the primary or special primary election that 249 preceded the general or special general election, respectively. 250 The results must shall specifically include for each precinct 251 the total of all ballots cast for each candidate or nominee to 252 fill a national, state, county, or district office or proposed 253 constitutional amendment, with subtotals for each candidate and 254 ballot type, unless fewer than 30 voters voted a ballot type. 255 “All ballots cast” means ballots cast by voters who cast a 256 ballot whether at a precinct location, at a super voting site, 257 by vote-by-mail ballot including overseas vote-by-mail ballots, 258 during the early voting period, during the super voting site 259 period, if applicable, or by provisional ballot. 260

Section

Section 100.032, Florida Statutes, is amended to 261

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 10 of 25 CODING: Words stricken are deletions; words underlined are additions. read: 262 100.032 Election preparation report; general election.—Each 263 supervisor of elections must post a report on his or her 264 official website at least 3 months before a general election 265 which outlines preparations for the upcoming general election. 266 The report must include, at a minimum, the following elements: 267 the anticipated staffing levels during the early voting period 268 or the period during which super voting sites are operating, on 269 election day, and after election day; and the anticipated amount 270 of automatic tabulating equipment at each early voting site, 271 super voting site, and polling place. 272

Section 5. Subsection (1) of

section 101.001, Florida 273 Statutes, is amended to read: 274 101.001 Precincts and polling places; boundaries.— 275

(1) The board of county commissioners in each county, upon 276 recommendation and approval of the supervisor, shall alter or 277 create precincts for voting in the county. Each precinct shall 278 be numbered and, as nearly as practicable, composed of 279 contiguous and compact areas. The supervisor shall designate a 280 polling place at a suitable location within each precinct unless 281 the county has opted to operate super voting sites in accordance 282 with s. 101.0011.

The precinct shall not be changed thereafter 283 except with the consent of the supervisor and a majority of the 284 members of the board of county commissioners. The board of 285 county commissioners and the supervisor may have precinct 286 boundaries conform to municipal boundaries in accordance with 287 the provisions of s. 101.002, but, in any event, the 288 registration books shall be maintained in such a manner that 289 there may be determined therefrom the total number of electors 290

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 11 of 25 CODING: Words stricken are deletions; words underlined are additions. in each municipality. 291

Section 6. Paragraph (

b) of subsection (4) of

section 292 101.015, Florida Statutes, is amended to read: 293 101.015 Standards for voting systems.— 294 (4) 295 (b)1. Each supervisor shall establish written procedures to 296 assure accuracy and security in his or her county, including 297 procedures related to early voting pursuant to s. 101.657 or 298 procedures related to super voting sites pursuant to s. 299 101.0011, if applicable. Such procedures shall be reviewed in 300 each odd-numbered year by the department. 301 2.

Each supervisor shall submit any revisions to the 302 security procedures to the department at least 45 days before 303 early voting commences pursuant to s. 101.657 or super voting 304 sites open pursuant to s. 101.0011 in an election in which they 305 are to take effect. 306

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

section 101.051, 307 Florida Statutes, are amended to read: 308 101.051 Electors seeking assistance in casting ballots; 309 oath to be executed; forms to be furnished.— 310

(2) It is unlawful for any person to be in the voting booth 311 with any elector except as provided in subsection (1). A person 312 at a polling place, super voting site, or early voting site, or 313 within 150 100 feet of the entrance of a polling place, super 314 voting site, or early voting site, may not solicit any elector 315 in an effort to provide assistance to vote pursuant to 316 subsection (1). Any person who violates this subsection commits 317 a misdemeanor of the first degree, punishable as provided in s. 318 775.082 or s. 775.083. 319

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(5) If an elector needing assistance requests that a person 320 other than an election official provide him or her with 321 assistance in voting, the clerk or one of the inspectors shall 322 require the person providing assistance to take the following 323 oath: 324 325 DECLARATION TO PROVIDE ASSISTANCE 326 327 State of Florida 328 County of .... 329 Date .... 330 Precinct .... 331 332 I, ...(Print name)..., have been requested by ...(print 333 name of elector needing assistance)... to provide him or her 334 with assistance to vote.

I swear or affirm that I am not the 335 employer, an agent of the employer, or an officer or agent of 336 the union of the voter and that I have not solicited this voter 337 at the polling place, super voting site, or early voting site or 338 within 150 100 feet of such locations in an effort to provide 339 assistance. 340 341 ...(Signature of assistor)... 342 343 Sworn and subscribed to before me this .... day of ...., 344 ...(year).... 345 346 ...(Signature of Official Administering Oath)... 347 348

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Section

Section 101.131, Florida Statutes, is amended to 349 read: 350 101.131 Watchers at polls.— 351

(1) Each political party and each candidate may have one 352 watcher in each polling room or early voting area at any one 353 time during the election. A political committee formed for the 354 specific purpose of expressly advocating the passage or defeat 355 of an issue on the ballot may have one watcher for each polling 356 room or early voting area at any one time during the election.

A 357 No watcher may not shall be permitted to come closer to the 358 officials’ table or the voting booths than is reasonably 359 necessary to properly perform his or her functions, but is each 360 shall be allowed within the polling room or early voting area to 361 watch and observe the conduct of electors and officials. The 362 poll watchers shall furnish their own materials and necessities 363 and may shall not obstruct the orderly conduct of any election. 364 The poll watchers shall pose any questions regarding polling 365 place procedures directly to the clerk for resolution.

They may 366 not interact with voters. Each poll watcher shall be a qualified 367 and registered elector of the county in which he or she serves. 368

(2) Each party, each political committee, and each 369 candidate requesting to have poll watchers shall designate, in 370 writing to the supervisors of elections, on a form prescribed by 371 the division, before noon of the second Tuesday preceding the 372 election poll watchers for each polling room on election day. 373 Designations of poll watchers for early voting areas and super 374 voting sites must shall be submitted in writing to the 375 supervisor of elections, on a form prescribed by the division, 376 before noon at least 14 days before early voting begins or super 377

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 14 of 25 CODING: Words stricken are deletions; words underlined are additions. voting sites open. The poll watchers for polling rooms shall be 378 approved by the supervisor of elections on or before the Tuesday 379 before the election. Poll watchers for early voting areas and 380 super voting sites shall be approved by the supervisor of 381 elections no later than 7 days before early voting begins or 382 super voting sites open.

The supervisor shall furnish to each 383 election board a list of the poll watchers designated and 384 approved for such polling rooms, or early voting areas, or super 385 voting sites. Designation of poll watchers shall be made by the 386 chair of the county executive committee of a political party, 387 the chair of a political committee, or the candidate requesting 388 to have poll watchers. 389

(3) A No candidate or a sheriff, deputy sheriff, police 390 officer, or other law enforcement officer may not be designated 391 as a poll watcher. 392

(4) All poll watchers shall be allowed to enter and watch 393 polls in all polling rooms and early voting areas within the 394 county in which they have been designated if the number of poll 395 watchers at any particular polling place does not exceed the 396 number provided in this section. 397

(5) The supervisor of elections shall provide to each 398 designated poll watcher, no later than 7 days before early 399 voting begins, a poll watcher identification badge that 400 identifies the poll watcher by name. Each poll watcher must wear 401 his or her identification badge while in the polling room or 402 early voting area. 403

Section 9. Paragraph (

b) of subsection (1) of

section 404 101.151, Florida Statutes, is amended to read: 405 101.151 Specifications for ballots.— 406

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 15 of 25 CODING: Words stricken are deletions; words underlined are additions. (1) 407 (

b) Polling places, super voting sites, and early voting 408 sites may employ a ballot-on-demand production system to print 409 individual marksense ballots, including provisional ballots, for 410 eligible electors. Ballot-on-demand technology may be used to 411 produce marksense vote-by-mail and election-day ballots. 412

Section 10. Subsection (1) of

section 101.49, Florida 413 Statutes, is amended to read: 414 101.49 Procedure of election officers where signatures 415 differ.— 416

(1) Whenever any clerk or inspector, upon a just comparison 417 of the signatures, doubts that the signature on the 418 identification presented by the elector is the same as the 419 signature the elector affixed on the precinct register or the 420 voter early voting certificate under s. 101.0011(4)(

a) or s. 421 101.657(4)(a), as applicable, the clerk or inspector shall 422 deliver to the person an affidavit which shall be in 423 substantially the following form: 424 425 STATE OF FLORIDA, 426 COUNTY OF .... 427 428 I do solemnly swear (or affirm) that my name is ....; that 429 I am .... years old; that I was born in the State of ....; that 430 I am registered to vote; that I am a qualified voter of the 431 county and state aforesaid and have not voted in this election. 432 433 ...(Signature of voter)... 434 435

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 16 of 25 CODING: Words stricken are deletions; words underlined are additions. Sworn to and subscribed before me this .... day of ...., A. 436 D. ...(year).... 437 438 ...(Clerk or inspector of election)... 439 440 Precinct No. .... 441 County of .... 442 443

Section 11. Subsection (2) of

section 101.5612, Florida 444 Statutes, is amended to read: 445 101.5612 Testing of tabulating equipment.— 446

(2) On any day not more than 25 days before the 447 commencement of early voting as provided in s. 101.657 or the 448 opening of super voting sites as provided in s. 101.0011, the 449 supervisor of elections shall have the automatic tabulating 450 equipment publicly tested to ascertain that the equipment will 451 correctly count the votes cast for all offices and on all 452 measures. If the ballots to be used at the polling place on 453 election day are not available at the time of the testing, the 454 supervisor may conduct an additional test not more than 10 days 455 before election day.

Public notice of the time and place of the 456 test shall be given at least 48 hours prior thereto by 457 publication on the supervisor of elections’ website and once in 458 one or more newspapers of general circulation in the county or, 459 if there is no newspaper of general circulation in the county, 460 by posting the notice in at least four conspicuous places in the 461 county. The supervisor or the municipal elections official may, 462 at the time of qualifying, give written notice of the time and 463 location of the public preelection test to each candidate 464

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 17 of 25 CODING: Words stricken are deletions; words underlined are additions. qualifying with that office and obtain a signed receipt that the 465 notice has been given. The Department of State shall give 466 written notice to each statewide candidate at the time of 467 qualifying, or immediately at the end of qualifying, that the 468 voting equipment will be tested and advise each candidate to 469 contact the county supervisor of elections as to the time and 470 location of the public preelection test.

The supervisor or the 471 municipal elections official shall, at least 30 days before the 472 commencement of early voting as provided in s. 101.657 or the 473 opening of super voting sites as provided in s. 101.0011, send 474 written notice by certified mail to the county party chair of 475 each political party and to all candidates for other than 476 statewide office whose names appear on the ballot in the county 477 and who did not receive written notification from the supervisor 478 or municipal elections official at the time of qualifying, 479 stating the time and location of the public preelection test of 480 the automatic tabulating equipment.

The canvassing board shall 481 convene, and each member of the canvassing board shall certify 482 to the accuracy of the test. For the test, the canvassing board 483 may designate one member to represent it. The test shall be open 484 to representatives of the political parties, the press, and the 485 public. Each political party may designate one person with 486 expertise in the computer field who shall be allowed in the 487 central counting room when all tests are being conducted and 488 when the official votes are being counted.

The designee shall 489 not interfere with the normal operation of the canvassing board. 490

Section 12. Paragraphs (

a) and (

b) of subsection (2) of 491

section 101.591, Florida Statutes, are amended to read: 492 101.591 Voting system audit.— 493

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 18 of 25 CODING: Words stricken are deletions; words underlined are additions. (2)(

a) A manual audit consists shall consist of a public 494 manual tally of the votes cast in one randomly selected race 495 that appears on the ballot. The tally sheet must shall include 496 election day, super voting site, election-day, vote-by-mail, 497 early voting, provisional, and overseas ballots, in at least 1 498 percent but no more than 2 percent of the precincts chosen at 499 random by the county canvassing board or the local board 500 responsible for certifying the election.

If 1 percent of the 501 precincts is less than one entire precinct, the audit must shall 502 be conducted using at least one precinct chosen at random by the 503 county canvassing board or the local board responsible for 504 certifying the election. Such precincts shall be selected at a 505 publicly noticed canvassing board meeting. 506 (

b) An automated audit consists shall consist of a public 507 automated tally of the votes cast across every race that appears 508 on the ballot. The tally sheet must shall include election day, 509 super voting site, vote-by-mail, early voting, provisional, and 510 overseas ballots in at least 20 percent of the precincts chosen 511 at random by the county canvassing board or the local board 512 responsible for certifying the election. Such precincts shall be 513 selected at a publicly noticed canvassing board meeting. 514

Section 13. Subsection (5) is added to

section 101.657, 515 Florida Statutes, to read: 516 101.657 Early voting.— 517

(5) This

section does not apply to a county that has opted 518 to operate super voting sites in accordance with s. 101.0011. 519

Section

Section 101.69, Florida Statutes, is amended to 520 read: 521 101.69 Voting in person; return of vote-by-mail ballot.— 522

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(1) The provisions of this code shall not be construed to 523 prohibit any elector from voting in person at the elector’s 524 precinct on the day of an election or at an early voting site or 525 a super voting site, notwithstanding that the elector has 526 requested a vote-by-mail ballot for that election. An elector 527 who has returned a voted vote-by-mail ballot to the supervisor, 528 however, is deemed to have cast his or her ballot and is not 529 entitled to vote another ballot or to have a provisional ballot 530 counted by the county canvassing board.

An elector who has 531 received a vote-by-mail ballot and has not returned the voted 532 ballot to the supervisor, but desires to vote in person, shall 533 return the ballot, whether voted or not, to the election board 534 in the elector’s precinct or to an early voting site or a super 535 voting site. The returned ballot shall be marked “canceled” by 536 the board and placed with other canceled ballots. However, if 537 the elector does not return the ballot and the election 538 official: 539 (

a) Confirms that the supervisor has received the elector’s 540 vote-by-mail ballot, the elector shall not be allowed to vote in 541 person. If the elector maintains that he or she has not returned 542 the vote-by-mail ballot or remains eligible to vote, the elector 543 shall be provided a provisional ballot as provided in s. 544 101.048. 545 (

b) Confirms that the supervisor has not received the 546 elector’s vote-by-mail ballot, the elector shall be allowed to 547 vote in person as provided in this code. The elector’s vote-by-548 mail ballot, if subsequently received, shall not be counted and 549 shall remain in the mailing envelope, and the envelope shall be 550 marked “Rejected as Illegal.” 551

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c) Cannot determine whether the supervisor has received 552 the elector’s vote-by-mail ballot, the elector may vote a 553 provisional ballot as provided in s. 101.048. 554

(2) The supervisor shall allow an elector who has received 555 a vote-by-mail ballot to physically return a voted vote-by-mail 556 ballot to the supervisor by placing the envelope containing his 557 or her marked ballot in a secure drop box.

Secure drop boxes 558 shall be placed at the main office of the supervisor, at each 559 branch office of the supervisor, and at each early voting site. 560 Secure drop boxes may also be placed at any other site that 561 would otherwise qualify as an early voting site under s. 562 101.657(1) or a super voting site under s. 101.0011(1)(c); 563 provided, however, that any such site must be staffed during the 564 county’s early voting hours of operation of the county’s early 565 voting sites or super voting sites, whichever is applicable, by 566 an employee of the supervisor’s office or a sworn law 567 enforcement officer. 568

Section 15. Subsection (1) of

section 101.71, Florida 569 Statutes, is amended to read: 570 101.71 Polling place.— 571

(1) There shall be in Each precinct in each county must 572 have a one polling place that is which shall be accessible to 573 the public on election day and is managed by a board of 574 inspectors and clerk of election. If a county has opted to 575 operate super voting sites in accordance with s. 101.0011, each 576 precinct is no longer required to have a polling place, but the 577 other requirements of this

section regarding polling places 578 continue to apply. Only one elector is shall be allowed to enter 579 any voting booth at a time; only no one except inspectors are 580

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 21 of 25 CODING: Words stricken are deletions; words underlined are additions. shall be allowed to speak to the elector while casting his or 581 her vote; and an inspector may not no inspector shall speak to 582 or interfere with the elector concerning his or her voting, 583 except to perform the duties as such inspector. Notwithstanding 584 any other provision of this chapter, this

section is shall be 585 applicable if where the computer method of voting is in use, and 586 adequate provision must shall be made for the privacy of the 587 elector while casting his or her vote. 588

Section

Section 102.031, Florida Statutes, is amended 589 to read: 590 102.031 Maintenance of good order at polls; authorities; 591 persons allowed in polling rooms and early voting areas; 592 unlawful solicitation of voters.— 593

(1) Each election board shall possess full authority to 594 maintain order at the polls and enforce obedience to its lawful 595 commands during an election and the canvass of the votes. 596

(2) The sheriff shall deputize a deputy sheriff for each 597 polling place and each early voting site who shall be present 598 during the time the polls or early voting sites are open and 599 until the election is completed, who shall be subject to all 600 lawful commands of the clerk or inspectors, and who shall 601 maintain good order. The deputy may summon assistance from among 602 bystanders to aid him or her when necessary to maintain peace 603 and order at the polls or early voting sites. 604 (3)(

a) No person may enter any polling room or polling 605 place where the polling place is also a polling room, any 606 polling room at a super voting site, or any early voting area 607 during voting hours except the following: 608 1. Official poll watchers; 609

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 22 of 25 CODING: Words stricken are deletions; words underlined are additions. 2. Inspectors; 610 3. Election clerks; 611 4. The supervisor of elections or his or her deputy; 612 5. Persons there to vote, persons in the care of a voter, 613 or persons caring for such voter; 614 6. Law enforcement officers or emergency service personnel 615 there with permission of the clerk or a majority of the 616 inspectors; or 617 7. A person, whether or not a registered voter, who is 618 assisting with or participating in a simulated election for 619 minors, as approved by the supervisor of elections. 620 (

b) The restriction in this subsection does not apply where 621 the polling room is in an area commonly traversed by the public 622 in order to gain access to businesses or homes or in an area 623 traditionally utilized as a public area for discussion. 624 (4)(

a) No person, political committee, or other group or 625 organization may solicit voters inside the polling place or 626 within 150 feet of the entrance to any polling place, a polling 627 room where the polling place is also a polling room, a super 628 voting site, an early voting site, or an office of the 629 supervisor where vote-by-mail ballots are requested and printed 630 on demand for the convenience of electors who appear in person 631 to request them. Before the opening of the polling place, super 632 voting site, or early voting site, the clerk or supervisor shall 633 designate the no-solicitation zone and mark the boundaries. 634 (

b) For the purpose of this subsection, the terms “solicit” 635 or “solicitation” shall include, but not be limited to, seeking 636 or attempting to seek any vote, fact, opinion, or contribution; 637 distributing or attempting to distribute any political or 638

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 23 of 25 CODING: Words stricken are deletions; words underlined are additions. campaign material, leaflet, or handout; conducting a poll except 639 as specified in this paragraph; seeking or attempting to seek a 640 signature on any petition; and selling or attempting to sell any 641 item. The terms “solicit” or “solicitation” may not be construed 642 to prohibit exit polling. 643 (

c) Each supervisor of elections shall inform the clerk of 644 the area within which soliciting is unlawful, based on the 645 particular characteristics of that polling place. The supervisor 646 or the clerk may take any reasonable action necessary to ensure 647 order at the polling places, including, but not limited to, 648 having disruptive and unruly persons removed by law enforcement 649 officers from the polling room or place or from the 150-foot 650 zone surrounding the polling place. 651 (

d) Except as provided in paragraph (a), the supervisor may 652 not designate a no-solicitation zone or otherwise restrict 653 access to any person, political committee, candidate, or other 654 group or organization for the purposes of soliciting voters. 655 This paragraph applies to any public or private property used as 656 a polling place, a super voting site, or an early voting site. 657 (

e) The owner, operator, or lessee of the property on which 658 a polling place, a super voting site, or an early voting site is 659 located, or an agent or employee thereof, may not prohibit the 660 solicitation of voters outside of the no-solicitation zone 661 during polling hours. 662

(5) No photography is permitted in the polling room, or 663 early voting area, or polling room or voting area at a super 664 voting site, except an elector may photograph his or her own 665 ballot. 666

Section 17. Subsection (4) of

section 102.141, Florida 667

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 24 of 25 CODING: Words stricken are deletions; words underlined are additions. Statutes, is amended to read: 668 102.141 County canvassing board; duties.— 669 (4)(

a) Except as provided under paragraph (b), the 670 supervisor of elections shall upload into the county’s election 671 management system by 7 p.m. on the day before the election the 672 results of all early voting and vote-by-mail ballots that have 673 been canvassed and tabulated by the end of the early voting 674 period. Pursuant to ss. 101.5614(8), 101.657, and 101.68(2), the 675 tabulation of votes cast or the results of such uploads may not 676 be made public before the close of the polls on election day. 677 (

b) If in a county opting to use super voting site voting 678 pursuant to s. 101.0011, the supervisor of elections must upload 679 into the county’s election management system after the polls 680 close on election day the results of all super voting site and 681 vote-by-mail ballots that have been canvassed and tabulated. 682 Pursuant to ss. 101.0011(1)(b), 101.5614(8), and 101.68(2), the 683 tabulation of votes cast or the results of such uploads may not 684 be made public before the close of the polls on election day. 685 (

c) The canvassing board shall report all early voting and 686 all tabulated vote-by-mail results to the Department of State 687 within 30 minutes after the polls close. Thereafter, the 688 canvassing board shall report, with the exception of provisional 689 ballot results, updated precinct election results or super 690 voting site election results, if applicable, to the department 691 at least every 45 minutes until all results are completely 692 reported. The supervisor of elections shall notify the 693 department immediately of any circumstances that do not permit 694 periodic updates as required. Results shall be submitted in a 695 format prescribed by the department. 696

Florida Senate - 2021 SB 774 2-00508A-21 2021774__ Page 25 of 25 CODING: Words stricken are deletions; words underlined are additions.

Section 18. This act shall take effect upon becoming a law. 697