Current through Reg. 50, No. 187; September 24, 2024
(1) Application. This
rule applies solely to the request, delivery and return of vote-by-mail ballots
for uniformed services voters who are absent stateside and overseas voters as
defined in Section 97.021, F.S. For purposes of
this rule, the following definitions apply:
(a) "Overseas voter" means:
1. An absent uniformed services voter who, by
reason of active duty or service is absent from the United States as defined
herein, on the date of the election involved;
2. A person who resides outside the United
States, as defined herein and is qualified to vote in the last place in which
the person was domiciled before leaving the United States; or
3. A person who resides outside the United
States as defined herein and (but for such residence) would be qualified to
vote in the last place in which the person was domiciled before leaving the
United States.
(b)
"State" means a State of the United States as defined herein.
(c) "Uniformed services" means the Army,
Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the
Public Health Service, and the commissioned corps of the National Oceanic and
Atmospheric Administration.
(d)
"United States", where used in the territorial sense, means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United
States Virgin Islands, and American Samoa.
(2) Requests. A request for a vote-by-mail
ballot shall be submitted in accordance with Section
101.62(1), F.S.
In addition to the information required by Section
101.62(1),
F.S., the request for a vote-by-mail ballot must also include the following
information:
(a) The voter's requested method
of delivery for the blank vote-by-mail ballot (by mail or electronic means such
as fax, email or online).
(b) The
corresponding destination, whichever is applicable, to either mail, transmit
the blank ballot or communicate how to access the blank ballot electronically
by some other means:
1. For mail delivery: An
applicable out-of-county mailing address or other deliverable overseas mailing
address.
2. For fax delivery: A fax
number and an applicable out-of-county address or overseas address (only for
purposes of affirming absence from the county or the United States), or
affirmation of overseas location.
3. For email or online delivery: An e-mail
address and an applicable out-of-county address or overseas address (only for
purposes of affirming absence from the county or the United States), or
affirmation of overseas location.
(3) Processing requests. When a supervisor
receives a vote-by-mail ballot request from an absent stateside uniformed
services or overseas voter, the supervisor shall:
(a) Verify the information provided to
determine if the voter is a qualified and registered voter for the
election.
(b) Provide, in
accordance with the timeframes in Section
101.62, F.S., the appropriate
vote-by-mail ballot, the instructions for voting and returning the ballot, and
the Voter's Certificate by the means requested by the voter in subsection
(2).
(c) Record the receipt date of
the request, the date and manner the vote-by-mail ballot was made available to
the voter, and the corresponding delivery destination or manner the blank
ballot was provided to the voter.
(d) Ensure that the Supervisor of Elections'
office transmitting and receiving equipment is in a secure location with access
limited to the supervisor's employees and that the vote-by-mail ballot is sent
directly to the specified delivery destination requested by the voter. It is
the voter's responsibility to ensure the security of the receiving equipment
(e.g. facsimile machine or computer).
(4) Return of Voted Vote-by-Mail Ballot.
(a) An overseas voter has the option to
return the voted ballot and signed certificate by mail, by fax, in person or
through someone else on behalf of the voter pursuant to the ballot instructions
in subsection (8). If the overseas voter returns the ballot by fax, the ballot
and Voter's Certificate must be sent directly to the fax number provided by the
Supervisor of Elections or to a fax number provided by Federal Voting
Assistance Program of the Department of Defense.
(b) An absent stateside uniformed services
voter may return the voted ballot and signed Voter's Certificate only by mail,
in person or have it returned in person by someone else pursuant to the ballot
instructions in subsection (8).
(c)
No voted vote-by-mail ballot returned by email shall be counted. A voted ballot
by fax from an absent stateside uniformed voter shall not be
counted.
(5) Deadline to
Return Vote-by-Mail Ballot.
(a) To be accepted
and counted, a voted vote-by-mail ballot from an absent stateside uniformed
services voter must be received by the Supervisor of Elections no later than 7
P.M. election day in the time zone for the county in which the voter is
registered.
(b) Overseas voters
casting ballots in a presidential preference primary or general election are
allowed a 10-day extension. The ballot must be postmarked or dated no later
than election day and received by the Supervisor of Elections of the county in
which the voter is registered no later than 10 days after election
day.
(6) Voter's
Certificate. The Voter's Certificate for vote-by-mail ballots to all absent
stateside uniformed services and overseas voters shall be substantially as
follows:
Note: Please Read Instructions Carefully Before Marking
Ballot and Completing Voter's Certificate.
VOTER'S CERTIFICATE
I, ______________, swear or affirm, under penalty of perjury,
that I am:
Print Name
1. A
member of the Uniformed Services or Merchant Marine on active duty; or an
eligible spouse or dependent of such a member; or a U.S. citizen temporarily
residing outside the U.S.; or other U.S. citizen residing outside the U.S.;
and,
2. I am a U.S. citizen, at
least 18 years of age (or will be by the date of the election), and I am
eligible to vote in the requested jurisdiction; and,
3. I have not been convicted of a felony, or
other disqualifying offense or been adjudicated mentally incompetent, or if so,
my voting rights have been reinstated; and,
4. I am not registering, requesting a ballot,
or voting in any other jurisdiction in the U.S., except the jurisdiction cited
in this voting form.
In voting, I have marked and sealed my ballot in private and
have not allowed any person to observe the marking of the ballot, except for
those authorized to assist voters under State or Federal law. I have not been
influenced.
My signature and date below indicate when I completed this
document.
The information on this form is true and complete to the best
of my knowledge. I understand that a material misstatement of fact in
completion of this document may constitute grounds for conviction for
perjury.
Voter's Signature: _____________________________ Date: / /
/
(Month/Day/Year)
Email address: ________________________________ Home
Telephone Phone No.:_________________________
Mobile Telephone No.:
_____________________________
(7) Secrecy Envelope or Sleeve. The secrecy
envelope or sleeve, or if the blank ballot was delivered to the voter other
than by mail or in person, a separate sheet, must include the following message
in bold font: In order for your vote-by-mail ballot to count, your
supervisor of elections must receive your ballot by the applicable deadline
stated in your ballot instructions. If you wait to return your ballot, your
vote might not count. To prevent this from occurring, please return your voted
ballot as soon as possible.
(8) Ballot Instructions. The instructions to
be sent with the vote-by-mail ballot to all absent stateside uniformed services
and overseas voters shall substantially contain the following statements:
INSTRUCTIONS
READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING
BALLOT
(a)
Very
Important. In order to ensure that your vote-by-mail ballot will be
counted, complete, sign, date and return the ballot and Voter's Certificate as
soon as possible to the Supervisor of Elections of the county in which you are
registered. It must be received no later than 7:00 p.m. on election day in the
time zone for the county in which you are registered. Overseas voter
only: If you are casting a ballot in a presidential preference primary
or general election, a 10-day extension applies, provided your vote-by-mail
ballot is postmarked or dated no later than election day and received no later
than 10 days after the election by the Supervisor of the county in which you
are registered to vote. Note that the later you return your ballot, the less
time you will have to cure any signature deficiencies, which is authorized
until 5 p.m. on the 2nd day after the election.
(b)
Mark your ballot in secret as
instructed on the ballot. You must mark your own ballot unless you are
unable to do so because of blindness, disability, or inability to read or
write.
(c)
Mark only the
number of candidate or issue choices for a race as indicated on the
ballot. If you are allowed to "Vote for One" candidate and you vote for
more than one candidate, your vote in that race will not be counted.
(d)
Very Important. Sign and
date the Voter's Certificate. If you do not sign or date the Certificate, your
ballot may not count. If your signature on the Voter's Certificate does not
match your signature on record, your ballot will not count. The signature on
file at the time the Supervisor of Elections in the county in which your
precinct is located receives your vote-by mail ballot is the signature that
will be used to verify your signature on the voter's certificate. If you need
to update your signature for this election, send your signature update on a
voter registration application to your Supervisor of Elections so that it is
received before your vote-by-mail ballot is received.
(e)
Mail, deliver, or have delivered
the completed mailing envelope with the voted vote-by-mail ballot and the
Voter's Certificate. To mail or have your voted vote-by-mail ballot and
Voter's Certificate delivered to the Supervisor of Elections:
1. Place your marked ballot in the secrecy
envelope or sleeve provided to you. If the ballot was provided to you other
than by mail, use an unmarked envelope as a secrecy envelope. Seal the
envelope. Do not seal the Voter's Certificate in the secrecy envelope or sleeve
with the ballot.
2. Insert the
secrecy envelope or sleeve or unmarked envelope into a separate mailing
envelope or the provided return envelope. Completely fill out the Voter's
Certificate on the back of that mailing envelope. Or if you received the ballot
and certificate other than by mail, place the completed Voter's Certificate in
a separate mailing envelope. Clearly mark the mailing envelope "Vote-by-Mail
Ballot Enclosed."
3. Mail the
ballot to the Supervisor of Elections. If using your own envelope: To mail your
ballot free of postage, use the template and printing instructions provided at
the following link:
https://www.fvap.gov/eo/overview/materials/forms.
Otherwise, provide sufficient postage.
The completed mailing envelope can
be delivered to the office of the Supervisor of Elections of the county in
which your precinct is located or dropped off at an authorized secure drop box,
available at each early voting location. If you are an overseas voter,
be sure you include your overseas address on the return
envelope.
(f)
If
you are an overseas voter, you have the option to fax your vote-by-mail ballot
and Voter's Certificate. Fax your voted ballot and signed and dated
certificate to the Supervisor of Elections at (fax phone number) or to a fax
number provided by the Federal Voting Assistance Program (FVAP) of the
Department of Defense. If faxing your ballot and certificate to FVAP, ensure
FVAP has sufficient time to get the ballot and certificate to the Supervisor by
the 7:00 p.m. or 10-day deadline, whichever is applicable. If you fax your
voted ballot, you will be voluntarily waiving your right to a secret
ballot.
(g)
Voted ballots
returned by regular electronic mail (email) will not be counted. A voted
ballot returned by fax from an absent stateside uniformed services voter will
not be counted.
(h)
Felony
Notice. It is a felony under Florida law to accept any gift, payment, or
gratuity in exchange for your vote for a candidate. It is also a felony under
Florida law to vote in an election using a false identity or false address, or
under any other circumstances making your ballot false or
fraudulent.
(9)
Processing Returned Vote-by-Mail Ballots and Cure Affidavits.
(a) For each voted vote-by-mail ballot and if
applicable, corresponding signature cure affidavit received, the Supervisor of
Elections must record the date of receipt and the manner of return. The
Supervisor shall attach each affidavit and identification received to the
corresponding vote-by-mail ballot mailing envelope.
(b) Upon receipt by mail of a voted
vote-by-mail ballot in an envelope other than a vote-by-mail ballot mailing
envelope provided by the Supervisor, the canvassing board is authorized to open
the mailing envelope to determine if the Voter's Certificate is enclosed. If
the Voter's Certificate is not enclosed, the secrecy envelope or sleeve
containing the ballot shall not be opened and the envelope shall be marked
"Rejected as Illegal." If the Voter's Certificate is enclosed, the Voter's
Certificate shall be reviewed and processed in accordance with Section
101.68, F.S., including
notifying the voter, as soon as is practicable, about a signature deficiency on
the voter certificate.
(c) Upon
determination by the canvassing board that the voter was eligible to vote, the
ballot shall be processed as other vote-by-mail ballots. If the vote-by-mail
ballot was originally faxed or emailed to the voter, or the voter accessed the
ballot electronically by some other means, the returned ballot shall be removed
from the envelope and duplicated pursuant to Section
101.5614, F.S., so that it can
be processed through the tabulating equipment.
(d) Upon receipt by fax of a voted
vote-by-mail ballot from an overseas voter, the Supervisor of Elections shall
enclose the ballot in an envelope and seal it in order to preserve secrecy. The
Voter's Certificate and any corresponding signature cure affidavit, and
identification, shall be attached to the envelope, reviewed, and processed in
accordance with Section
101.68, F.S. Upon a
determination by the canvassing board that the voter was eligible to vote, the
ballot shall be removed from the envelope and duplicated so that it can be
processed through the tabulating equipment.
(10) Confidentiality. The Supervisor of
Elections and the Supervisor's staff shall take the steps necessary to keep the
voted vote-by-mail ballots received by fax as confidential as
possible.
Rulemaking Authority
20.10(3),
97.012(1),
101.697 FS. Law Implemented
101.62,
101.64,
101.65,
101.6923,
101.697
FS.
New 5-27-02, Amended 11-26-03, 9-13-04. 9-6-07, 7-1-12,
3-20-14, 2-13-20.
