Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 2086
Barcode 272370
CHAMBER ACTION
Senate House
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11 The Committee on Judiciary (Campbell) recommended the
12 following amendment to amendment (912202):
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14 Senate Amendment
15 On page 101, line 14, through
16 page 103, line 15, 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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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 2086
Barcode 272370
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
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 2086
Barcode 272370
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:
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