Bill Text: FL S0964 | 2018 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Voting Systems
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2018-03-10 - Died in Rules [S0964 Detail]
Download: Florida-2018-S0964-Comm_Sub.html
Bill Title: Voting Systems
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2018-03-10 - Died in Rules [S0964 Detail]
Download: Florida-2018-S0964-Comm_Sub.html
Florida Senate - 2018 CS for SB 964 By the Committee on Community Affairs; and Senator Baxley 578-02924-18 2018964c1 1 A bill to be entitled 2 An act relating to voting systems; amending s. 97.021, 3 F.S.; defining the term “automatic tabulating 4 equipment” for purposes of the Florida Election Code; 5 revising the definition of the term “marksense 6 ballots” for purposes of the Florida Election Code; 7 amending s. 101.151, F.S.; providing applicability of 8 specified ballot requirements to a voter interface 9 device; amending ss. 101.5603 and 101.56075, F.S.; 10 conforming provisions to changes made by the act; 11 amending s. 101.5614, F.S.; revising procedures 12 governing the canvassing of returns to specify usage 13 of a voting system’s automatic tabulating equipment; 14 amending s. 102.141, F.S.; providing that ballots 15 processed through automatic tabulating equipment in a 16 recount do not need to be reprocessed in certain 17 circumstances; amending s. 102.166, F.S.; specifying 18 the manner by which a manual recount may be conducted; 19 revising requirements for hardware or software used in 20 a manual recount; authorizing overvotes and undervotes 21 to be identified and sorted physically or digitally in 22 a manual recount; revising minimum requirements for 23 Department of State rules to require procedures 24 regarding the certification and use of automatic 25 tabulating equipment for manual recounts; providing an 26 effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Present subsections (6) through (45) of section 31 97.021, Florida Statutes, are renumbered as subsections (7) 32 through (46), respectively, a new subsection (5) is added to 33 that section, and paragraph (a) of present subsection (5) of 34 that section is amended, to read: 35 97.021 Definitions.—For the purposes of this code, except 36 where the context clearly indicates otherwise, the term: 37 (5) “Automatic tabulating equipment” means an apparatus 38 that automatically examines, counts, and records votes. 39 (6)(5)“Ballot” or “official ballot” when used in reference 40 to: 41 (a) “Marksense ballots” means that printed sheet of paper, 42 used in conjunction with an electronic or electromechanical vote 43 tabulation voting system, containing the names of candidates, or 44 a statement of proposed constitutional amendments or other 45 questions or propositions submitted to the electorate at any 46 election, or the selections made by the elector of candidates or 47 other questions or propositions at an election, on which sheet 48 of paper an elector casts his or her vote either directly on a 49 sheet of paper or indirectly through the use of a voter 50 interface device used to designate the elector’s ballot 51 selections on the sheet of paper. 52 Section 2. Subsection (10) is added to section 101.151, 53 Florida Statutes, to read: 54 101.151 Specifications for ballots.— 55 (10) With respect to any voting system that uses a voter 56 interface device to designate the elector’s ballot selections on 57 a sheet of paper, the provisions of this section, s. 101.161, 58 and ss. 101.2512-101.254 that prescribe the ballot layout apply 59 only to the display of candidates and issues on the voter 60 interface device. 61 Section 3. Subsection (5) of section 101.5603, Florida 62 Statutes, is amended to read: 63 101.5603 Definitions relating to Electronic Voting Systems 64 Act.—As used in this act, the term: 65 (5) “Marking device” means any approved device for marking 66 a ballot with ink or other substance, including through a voter 67 interface device, which will enable the ballot to be tabulated 68 by means of automatic tabulating equipment. 69 Section 4. Subsection (1) of section 101.56075, Florida 70 Statutes, is amended to read: 71 101.56075 Voting methods.— 72 (1) Except as provided in subsection (2), all voting shall 73 be by marksense ballot usingutilizinga marking device for the 74 purpose of designating ballot selections. 75 Section 5. Paragraph (a) of subsection (5) and subsections 76 (7) and (8) of section 101.5614, Florida Statutes, are amended 77 to read: 78 101.5614 Canvass of returns.— 79 (5)(a) If any vote-by-mail ballot is physically damaged so 80 that it cannot properly be counted by the voting system’s 81 automatic tabulating equipment, a true duplicate copy shall be 82 made of the damaged ballot in the presence of witnesses and 83 substituted for the damaged ballot. Likewise, a duplicate ballot 84 shall be made of a vote-by-mail ballot containing an overvoted 85 race or a marked vote-by-mail ballot in which every race is 86 undervoted which shall include all valid votes as determined by 87 the canvassing board based on rules adopted by the division 88 pursuant to s. 102.166(4). All duplicate ballots shall be 89 clearly labeled “duplicate,” bear a serial number which shall be 90 recorded on the defective ballot, and be counted in lieu of the 91 defective ballot. After a ballot has been duplicated, the 92 defective ballot shall be placed in an envelope provided for 93 that purpose, and the duplicate ballot shall be tallied with the 94 other ballots for that precinct. 95 (7) Vote-by-mail ballots may be counted by the voting 96 system’s automatic tabulating equipment if they have been marked 97 in a manner which will enable them to be properly counted by 98 such equipment. 99 (8) The return printed by the voting system’s automatic 100 tabulating equipment, to which has been added the return of 101 write-in, vote-by-mail, and manually counted votes and votes 102 from provisional ballots, shall constitute the official return 103 of the election upon certification by the canvassing board. Upon 104 completion of the count, the returns shall be open to the 105 public. A copy of the returns may be posted at the central 106 counting place or at the office of the supervisor of elections 107 in lieu of the posting of returns at individual precincts. 108 Section 6. Paragraph (a) of subsection (7) of section 109 102.141, Florida Statutes, is amended to read: 110 102.141 County canvassing board; duties.— 111 (7) If the unofficial returns reflect that a candidate for 112 any office was defeated or eliminated by one-half of a percent 113 or less of the votes cast for such office, that a candidate for 114 retention to a judicial office was retained or not retained by 115 one-half of a percent or less of the votes cast on the question 116 of retention, or that a measure appearing on the ballot was 117 approved or rejected by one-half of a percent or less of the 118 votes cast on such measure, a recount shall be ordered of the 119 votes cast with respect to such office or measure. The Secretary 120 of State is responsible for ordering recounts in federal, state, 121 and multicounty races. The county canvassing board or the local 122 board responsible for certifying the election is responsible for 123 ordering recounts in all other races. A recount need not be 124 ordered with respect to the returns for any office, however, if 125 the candidate or candidates defeated or eliminated from 126 contention for such office by one-half of a percent or less of 127 the votes cast for such office request in writing that a recount 128 not be made. 129 (a) Each canvassing board responsible for conducting a 130 recount shall put each marksense ballot through automatic 131 tabulating equipment and determine whether the returns correctly 132 reflect the votes cast. If any marksense ballot is physically 133 damaged so that it cannot be properly counted by the automatic 134 tabulating equipment during the recount, a true duplicate shall 135 be made of the damaged ballot pursuant to the procedures in s. 136 101.5614(5). Immediately before the start of the recount, a test 137 of the tabulating equipment shall be conducted as provided in s. 138 101.5612. If the test indicates no error, the recount tabulation 139 of the ballots cast shall be presumed correct and such votes 140 shall be canvassed accordingly. If an error is detected, the 141 cause therefor shall be ascertained and corrected and the 142 recount repeated, as necessary. The canvassing board shall 143 immediately report the error, along with the cause of the error 144 and the corrective measures being taken, to the Department of 145 State. No later than 11 days after the election, the canvassing 146 board shall file a separate incident report with the Department 147 of State, detailing the resolution of the matter and identifying 148 any measures that will avoid a future recurrence of the error. 149 If the automatic tabulating equipment used in a recount is not 150 part of the voting system and the ballots have already been 151 processed through such equipment, the canvassing board is not 152 required to put each ballot through any automatic tabulating 153 equipment again. 154 Section 7. Subsections (1) and (2) and paragraph (d) of 155 subsection (5) of section 102.166, Florida Statutes, are amended 156 to read: 157 102.166 Manual recounts of overvotes and undervotes.— 158 (1) If the second set of unofficial returns pursuant to s. 159 102.141 indicates that a candidate for any office was defeated 160 or eliminated by one-quarter of a percent or less of the votes 161 cast for such office, that a candidate for retention to a 162 judicial office was retained or not retained by one-quarter of a 163 percent or less of the votes cast on the question of retention, 164 or that a measure appearing on the ballot was approved or 165 rejected by one-quarter of a percent or less of the votes cast 166 on such measure, a manual recount of the overvotes and 167 undervotes cast in the entire geographic jurisdiction of such 168 office or ballot measure shall be ordered unless: 169 (a) The candidate or candidates defeated or eliminated from 170 contention by one-quarter of 1 percent or fewer of the votes 171 cast for such office request in writing that a recount not be 172 made; or 173 (b) The number of overvotes and undervotes is fewer than 174 the number of votes needed to change the outcome of the 175 election. 176 177 The Secretary of State is responsible for ordering a manual 178 recount for federal, state, and multicounty races. The county 179 canvassing board or local board responsible for certifying the 180 election is responsible for ordering a manual recount for all 181 other races. A manual recount consists of a recount of marksense 182 ballots or of digital images of those ballots by a person. 183 (2)(a) Any hardware or software used to identify and sort 184 overvotes and undervotes for a given race or ballot measure must 185 be certified by the Department of Stateas part of the voting186system pursuant to s. 101.015. Any such hardware or software 187 must be capable of simultaneously counting votes. 188 (b) Overvotes and undervotes shall be identified and sorted 189 while recounting ballots pursuant to s. 102.141, if the hardware 190 or software for this purpose has been certified or the 191 department’s rules so provide. Overvotes and undervotes may be 192 identified and sorted physically or digitally. 193 (5) Procedures for a manual recount are as follows: 194 (d) The Department of State shall adopt detailed rules 195 prescribing additional recount procedures for each certified 196 voting system which shall be uniform to the extent practicable. 197 The rules shall address, at a minimum, the following areas: 198 1. Security of ballots during the recount process; 199 2. Time and place of recounts; 200 3. Public observance of recounts; 201 4. Objections to ballot determinations; 202 5. Record of recount proceedings;and203 6. Procedures relating to candidate and petitioner 204 representatives; and 205 7. Procedures relating to the certification and the use of 206 automatic tabulating equipment that is not part of a voting 207 system. 208 Section 8. This act shall take effect on January 1, 2019.