Bill Text: FL S0268 | 2019 | Regular Session | Comm Sub
Bill Title: Voting Methods
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2019-05-03 - Died in Rules, companion bill(s) passed, see CS/SB 7066 (Ch. 2019-162) [S0268 Detail]
Download: Florida-2019-S0268-Comm_Sub.html
Florida Senate - 2019 CS for CS for SB 268
By the Committees on Community Affairs; and Ethics and
Elections; and Senator Baxley
578-02723-19 2019268c2
1 A bill to be entitled
2 An act relating to voting methods; amending s. 97.021,
3 F.S.; revising the definition of the term “voter
4 interface device”; amending s. 101.56075, F.S.;
5 authorizing voting to be conducted using a voter
6 interface device that produces a voter-verifiable
7 paper output; amending s. 102.166, F.S.; revising
8 requirements for Department of State rules regarding
9 manual recounts of certain ballots; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (41) of section 97.021, Florida
15 Statutes, is amended to read:
16 97.021 Definitions.—For the purposes of this code, except
17 where the context clearly indicates otherwise, the term:
18 (41) “Voter interface device” means any device that
19 communicates voting instructions and ballot information to a
20 voter and allows the voter to select and vote for candidates and
21 issues. A voter interface device may not be used to tabulate
22 votes. Any vote tabulation must be based upon a subsequent scan
23 of the marked marksense ballot or the voter-verifiable paper
24 output after the voter interface device process has been
25 completed.
26 Section 2. Section 101.56075, Florida Statutes, is amended
27 to read:
28 101.56075 Voting methods.—For the purpose of designating
29 ballot selections,
30 (1) Except as provided in subsection (2), all voting must
31 shall be by marksense ballot, using utilizing a marking device
32 or a voter interface device that produces a voter-verifiable
33 paper output and for the purpose of designating ballot
34 selections.
35 (2) Persons with disabilities may vote on a voter interface
36 device that meets the voting system accessibility requirements
37 for individuals with disabilities pursuant to s. 301 of the
38 federal Help America Vote Act of 2002 and s. 101.56062.
39 (3) By 2020, persons with disabilities shall vote on a
40 voter interface device that meets the voter accessibility
41 requirements for individuals with disabilities under s. 301 of
42 the federal Help America Vote Act of 2002 and s. 101.56062 which
43 are consistent with subsection (1) of this section.
44 Section 3. Paragraph (b) of subsection (4) of section
45 102.166, Florida Statutes, is amended to read:
46 102.166 Manual recounts of overvotes and undervotes.—
47 (4)
48 (b) The Department of State shall adopt specific rules for
49 the federal write-in absentee ballot and for each certified
50 voting system prescribing what constitutes a “clear indication
51 on the ballot that the voter has made a definite choice.” The
52 rules shall be consistent, to the extent practicable, and may
53 not:
54 1. Authorize the use of any electronic or electromechanical
55 reading device to review a hybrid voting system ballot that is
56 produced using a voter interface device and that contains both
57 machine-readable fields and machine-printed text of the contest
58 titles and voter selections, unless the printed text is
59 illegible;
60 2. Exclusively provide that the voter must properly mark or
61 designate his or her choice on the ballot; or
62 3.2. Contain a catch-all provision that fails to identify
63 specific standards, such as “any other mark or indication
64 clearly indicating that the voter has made a definite choice.”
65 Section 4. This act shall take effect January 1, 2020.
