Senate Bill sb0280

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    Florida Senate - 2005                                   SB 280

    By Senator Klein


  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 that may be approved by the Department

  6         of State; providing an effective date.


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


10         Section 1.  Section 101.5606, Florida Statutes, is

11  amended to read:

12         101.5606  Requirements for approval of systems.--No

13  electronic or electromechanical voting system shall be

14  approved by the Department of State unless it is so

15  constructed that:

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

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

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

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

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

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

22  elector is entitled to vote.

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

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

25  voter is entitled to cast or where the tabulating equipment

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

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

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

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

30  has been overvoted or undervoted.

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


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    Florida Senate - 2005                                   SB 280

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

 2  vote only for the candidates seeking nomination by the

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

 4  candidate for nonpartisan office, and for any question upon

 5  which the voter is entitled to vote.

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

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

 8  party or for all presidential electors of candidates for

 9  President and Vice President with no party affiliation.

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

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

12  specific number of ballots tallied for a precinct,

13  accumulating total votes by candidate for each office, and

14  accumulating total votes for and against each question and

15  issue of the ballots tallied for a precinct.

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

17  different political parties from the same precinct, in the

18  case of a primary election.

19         (11)  It is capable of automatically producing precinct

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

21  thereof.

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

23  electronically, it will permit each voter to privately and

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

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

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

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

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

29  operation of the voting system may be audited.

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



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    Florida Senate - 2005                                   SB 280

 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  records each vote to be cast and which is viewed by the voter

 6  from behind a window or other device before the ballot is

 7  cast.

 8         (17)  It is furnished with illumination sufficient to

 9  enable the voter while in the booth to read the ballot.

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 and permits a voter who is blind or visually

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

14  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, 2005.


19            *****************************************

20                          SENATE SUMMARY

21    Revises requirements for voting systems that may be
      approved by the Department of State.











CODING: Words stricken are deletions; words underlined are additions.