| 1 | A bill to be entitled |
| 2 | An act relating to electronic or electromechanical voting |
| 3 | systems; amending s. 101.5606, F.S.; requiring that an |
| 4 | electronic or electromechanical voting system be capable |
| 5 | of producing a voter-verified paper record that is |
| 6 | suitable for a manual audit; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Section 101.5606, Florida Statutes, is amended |
| 11 | to read: |
| 12 | 101.5606 Requirements for approval of systems.--No |
| 13 | electronic or electromechanical voting system shall be approved |
| 14 | by the Department of State unless it is so constructed that: |
| 15 | (1) It permits and requires voting in secrecy. |
| 16 | (2) It permits each elector to vote at any election for |
| 17 | all persons and offices for whom and for which the elector is |
| 18 | lawfully entitled to vote, and no others; to vote for as many |
| 19 | persons for an office as the elector is entitled to vote for; |
| 20 | and to vote for or against any question upon which the elector |
| 21 | is entitled to vote. |
| 22 | (3) It immediately rejects a ballot where the number of |
| 23 | votes for an office or measure exceeds the number which the |
| 24 | voter is entitled to cast or where the tabulating equipment |
| 25 | reads the ballot as a ballot with no votes cast. |
| 26 | (4) For systems using paper ballots, it accepts a rejected |
| 27 | ballot pursuant to subsection (3) if a voter chooses to cast the |
| 28 | ballot, but records no vote for any office that has been |
| 29 | overvoted or undervoted. |
| 30 | (5) It is capable of correctly counting votes. |
| 31 | (6) It permits each voter at a primary election to vote |
| 32 | only for the candidates seeking nomination by the political |
| 33 | party in which such voter is registered, for any candidate for |
| 34 | nonpartisan office, and for any question upon which the voter is |
| 35 | entitled to vote. |
| 36 | (7) At presidential elections it permits each elector, by |
| 37 | one operation, to vote for all presidential electors of a party |
| 38 | or for all presidential electors of candidates for President and |
| 39 | Vice President with no party affiliation. |
| 40 | (8) It provides a method for write-in voting. |
| 41 | (9) It is capable of accumulating a count of the specific |
| 42 | number of ballots tallied for a precinct, accumulating total |
| 43 | votes by candidate for each office, and accumulating total votes |
| 44 | for and against each question and issue of the ballots tallied |
| 45 | for a precinct. |
| 46 | (10) It is capable of tallying votes from ballots of |
| 47 | different political parties from the same precinct, in the case |
| 48 | of a primary election. |
| 49 | (11) It is capable of automatically producing precinct |
| 50 | totals in printed, marked, or punched form, or a combination |
| 51 | thereof. |
| 52 | (12) If it is of a type which registers votes |
| 53 | electronically, it will permit each voter to change his or her |
| 54 | vote for any candidate or upon any question appearing on the |
| 55 | official ballot up to the time that the voter takes the final |
| 56 | step to register his or her vote and to have the vote computed. |
| 57 | (13) It is capable of producing a voter-verified paper |
| 58 | record suitable for a manual audit as specified in subsection |
| 59 | (14). |
| 60 | (14)(13) It is capable of providing paper records from |
| 61 | which the operation of the voting system may be audited. |
| 62 | (15)(14) It uses a precinct-count tabulation system. |
| 63 | (16)(15) It does not use an apparatus or device for the |
| 64 | piercing of ballots by the voter. |
| 65 | Section 2. This act shall take effect July 1, 2005. |