Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2086
                        Barcode 075094
                            CHAMBER ACTION
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       04/27/2005 04:36 PM         .                    
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11  The Committee on Judiciary (Campbell) recommended the
12  following amendment:
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14         Senate Amendment 
15         On page 107, line 23, through
16            page 109, line 24, delete those lines
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18  and insert:  ballot measure.
19         (2)(a)  If the second set of unofficial returns
20  pursuant to s. 102.141 indicates that a candidate for any
21  office was defeated or eliminated by between one-quarter and
22  one-half of a percent of the votes cast for such office, that
23  a candidate for retention to judicial office was retained or
24  not retained by between one-quarter and one-half of a percent
25  of the votes cast on the question of retention, or that a
26  measure appearing on the ballot was approved or rejected by
27  between one-quarter and one-half of a percent of the votes
28  cast on such measure, any such candidate, the political party
29  of such candidate, or any political committee that supports or
30  opposes such ballot measure is entitled to a manual recount of
31  the overvotes and undervotes cast in the entire geographic
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    9:17 AM   04/25/05                           s2086c1b-ju32-e0y

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 075094 1 jurisdiction of such office or ballot measure, provided that a 2 request for a manual recount is made by 5 p.m. on the third 3 day after the election. 4 (b) For federal, statewide, state, and multicounty 5 races and ballot issues, requests for a manual recount shall 6 be made in writing to the state Elections Canvassing 7 Commission. For all other races and ballot issues, requests 8 for a manual recount shall be made in writing to the county 9 canvassing board. 10 (c) Upon receipt of a proper and timely request, the 11 Elections Canvassing Commission or county canvassing board 12 shall immediately order a manual recount of overvotes and 13 undervotes in all affected jurisdictions. 14 (3)(a) Any hardware or software used to identify and 15 sort overvotes and undervotes for a given race or ballot 16 measure must be certified by the Department of State as part 17 of the voting system pursuant to s. 101.015. Any such hardware 18 or software must be capable of simultaneously counting votes. 19 For certified voting systems, the department shall certify 20 such hardware or software by July 1, 2002. If the department 21 is unable to certify such hardware or software for a certified 22 voting system by July 1, 2002, the department shall adopt 23 rules prescribing procedures for identifying and sorting such 24 overvotes and undervotes. The department's rules may provide 25 for the temporary use of hardware or software whose sole 26 function is identifying and sorting overvotes and undervotes. 27 (b) This subsection does not preclude the department 28 from certifying hardware or software after July 1, 2002. 29 (b)(c) Overvotes and undervotes shall be identified 30 and sorted while recounting ballots pursuant to s. 102.141, if 31 the hardware or software for this purpose has been certified 2 9:17 AM 04/25/05 s2086c1b-ju32-e0y
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 075094 1 or the department's rules so provide. 2 (4) Any manual recount shall be open to the public. 3 (5)(a) A vote for a candidate or ballot measure shall 4 be counted if there is a clear indication on the ballot that 5 the voter has made a definite choice. 6 (b) The Department of State shall adopt specific rules 7 for each certified voting system prescribing what constitutes 8 a "clear indication on the ballot that the voter has made a 9 definite choice." The rules may not: 10 1. Exclusively provide that the voter must properly 11 mark or designate his or her choice on the ballot; or 12 2. Contain a catch-all provision that fails to 13 identify specific standards, such as "any other mark or 14 indication clearly indicating that the voter has made a 15 definite choice." 16 (6) Procedures for a manual recount are as follows: 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 9:17 AM 04/25/05 s2086c1b-ju32-e0y