Senate Bill sb2390

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    Florida Senate - 2004                                  SB 2390

    By Senator Klein





    30-1467-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to voting systems; amending s.

  3         101.5606, F.S.; revising a requirement and

  4         providing additional requirements for voting

  5         systems in order to be approved by the

  6         Department of State; providing an effective

  7         date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 101.5606, Florida Statutes, is

12  amended to read:

13         101.5606  Requirements for approval of systems.--No

14  electronic or electromechanical voting system shall be

15  approved by the Department of State unless it is so

16  constructed that:

17         (1)  It permits and requires voting in secrecy.

18         (2)  It permits each elector to vote at any election

19  for all persons and offices for whom and for which the elector

20  is lawfully entitled to vote, and no others; to vote for as

21  many persons for an office as the elector is entitled to vote

22  for; and to vote for or against any question upon which the

23  elector is entitled to vote.

24         (3)  It immediately rejects a ballot where the number

25  of votes for an office or measure exceeds the number which the

26  voter is entitled to cast or where the tabulating equipment

27  reads the ballot as a ballot with no votes cast.

28         (4)  For systems using paper ballots, it accepts a

29  rejected ballot pursuant to subsection (3) if a voter chooses

30  to cast the ballot, but records no vote for any office that

31  has been overvoted or undervoted.

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    Florida Senate - 2004                                  SB 2390
    30-1467-04                                              See HB




 1         (5)  It is capable of correctly counting votes.

 2         (6)  It permits each voter at a primary election to

 3  vote only for the candidates seeking nomination by the

 4  political party in which such voter is registered, for any

 5  candidate for nonpartisan office, and for any question upon

 6  which the voter is entitled to vote.

 7         (7)  At presidential elections it permits each elector,

 8  by one operation, to vote for all presidential electors of a

 9  party or for all presidential electors of candidates for

10  President and Vice President with no party affiliation.

11         (8)  It provides a method for write-in voting.

12         (9)  It is capable of accumulating a count of the

13  specific number of ballots tallied for a precinct,

14  accumulating total votes by candidate for each office, and

15  accumulating total votes for and against each question and

16  issue of the ballots tallied for a precinct.

17         (10)  It is capable of tallying votes from ballots of

18  different political parties from the same precinct, in the

19  case of a primary election.

20         (11)  It is capable of automatically producing precinct

21  totals in printed, marked, or punched form, or a combination

22  thereof.

23         (12)  If it is of a type which registers votes

24  electronically, it will permit each voter to privately and

25  independently change his or her vote for any candidate or upon

26  any question appearing on the official ballot, or correct any

27  error, up to the time that the voter takes the final step to

28  register his or her vote and to have the vote computed.

29         (13)  It is capable of providing records from which the

30  operation of the voting system may be audited.

31         (14)  It uses a precinct-count tabulation system.

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    Florida Senate - 2004                                  SB 2390
    30-1467-04                                              See HB




 1         (15)  It does not use an apparatus or device for the

 2  piercing of ballots by the voter.

 3         (16)  It produces and retains a voter-verified

 4  permanent paper record with a manual audit capacity which

 5  shall record each vote to be cast and which shall be presented

 6  to the voter from behind a window or other device before the

 7  ballot is cast.

 8         (17)  It is furnished with illumination sufficient to

 9  enable voters while in the booth to read the ballots.

10         (18)  It is equipped with an audio-stimulus voting

11  feature that communicates the complete content of the ballot

12  in a human voice which permits a voter who is blind or

13  visually impaired to cast a secret ballot using, at the option

14  of the voter, voice-only or tactile-discernible controls.

15         (19)  It includes a sip and puff switch voting

16  attachment.

17         Section 2.  This act shall take effect July 1, 2004.

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