| 1 | A bill to be entitled |
| 2 | An act relating to voting systems; amending s. 101.5606, |
| 3 | F.S.; providing additional criteria governing approval of |
| 4 | certain voting systems by the Department of State; |
| 5 | requiring that a system produce a paper record meeting |
| 6 | specified criteria; providing for preservation of and |
| 7 | access to such a record; providing for use of such record |
| 8 | in a recount of certain elections; prohibiting a system |
| 9 | that contains or uses software or a source code that is |
| 10 | not disclosed to the department; providing for inspection |
| 11 | of a disclosed source code by a citizen; prohibiting a |
| 12 | system that contains a wireless communication device; |
| 13 | prohibiting a system that contains or uses software or |
| 14 | hardware that is not certified to meet specified criteria; |
| 15 | providing for accreditation by the department of a |
| 16 | laboratory that may issue such certification; providing an |
| 17 | effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsections (16), (17), (18), and (19) are |
| 22 | added to section 101.5606, Florida Statutes, to read: |
| 23 | 101.5606 Requirements for approval of systems.--No |
| 24 | electronic or electromechanical voting system shall be approved |
| 25 | by the Department of State unless it is so constructed that: |
| 26 | (16) It produces a voter-verifiable paper record that is |
| 27 | suitable for a manual audit and is equivalent or superior to the |
| 28 | paper record of a paper ballot box system such that the voting |
| 29 | system, at minimum: |
| 30 | (a) Produces a permanent paper record, each individual |
| 31 | paper record of which is made available for inspection and |
| 32 | verification by the voter at the time the vote is cast and |
| 33 | preserved within the polling place in the manner in which all |
| 34 | other paper ballots are preserved within the polling place on |
| 35 | election day for later use in any manual audit. |
| 36 | (b) Provides the voter with an opportunity to correct any |
| 37 | error made by the system before the permanent record is |
| 38 | preserved for use in any manual audit. The voter-verified paper |
| 39 | record produced under this subsection shall be available as an |
| 40 | official record pursuant to chapter 119, and shall be the |
| 41 | official record used for any recount conducted with respect to |
| 42 | any election in which the system is used. |
| 43 | (17) It contains or uses only software whose presence and |
| 44 | source code has been disclosed to the department. The department |
| 45 | shall make such disclosed source code available for inspection |
| 46 | by any citizen upon request. |
| 47 | (18) It does not contain any wireless communication |
| 48 | device. |
| 49 | (19) It contains or uses only software and hardware that |
| 50 | is certified by laboratories accredited by the department as |
| 51 | meeting the requirements of subsections (17) and (18). |
| 52 | Section 2. This act shall take effect July 1, 2006. |