Senate Bill sb2720

    Florida Senate - 2006                                  SB 2720

    By Senator Klein





    30-1269-06

  1                      A bill to be entitled

  2         An act relating to voting systems; amending s.

  3         101.5606, F.S.; providing additional criteria

  4         governing approval of certain voting systems by

  5         the Department of State; requiring that a

  6         system produce a paper record meeting specified

  7         criteria; providing for preservation of and

  8         access to such a record; providing for use of

  9         such record in a recount of certain elections;

10         prohibiting a system that contains or uses

11         software or a source code that is not disclosed

12         to the department; providing for inspection of

13         a disclosed source code by a citizen;

14         prohibiting a system that contains a wireless

15         communication device; prohibiting a system that

16         contains or uses software or hardware that is

17         not certified to meet specified criteria;

18         providing for accreditation by the department

19         of a laboratory that may issue such

20         certification; providing an effective date.

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

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24         Section 1.  Subsections (16), (17), (18), and (19) are

25  added to section 101.5606, Florida Statutes, to read:

26         101.5606  Requirements for approval of systems.--No

27  electronic or electromechanical voting system shall be

28  approved by the Department of State unless it is so

29  constructed that:

30         (16)  It produces a voter-verifiable paper record that

31  is suitable for a manual audit and is equivalent or superior

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    Florida Senate - 2006                                  SB 2720
    30-1269-06




 1  to the paper record of a paper ballot box system such that the

 2  voting system, at minimum:

 3         (a)  Produces a permanent paper record, each individual

 4  paper record of which is made available for inspection and

 5  verification by the voter at the time the vote is cast and

 6  preserved within the polling place in the manner in which all

 7  other paper ballots are preserved within the polling place on

 8  election day for later use in any manual audit.

 9         (b)  Provides the voter with an opportunity to correct

10  any error made by the system before the permanent record is

11  preserved for use in any manual audit. The voter-verified

12  paper record produced under this subsection shall be available

13  as an official record pursuant to chapter 119, and shall be

14  the official record used for any recount conducted with

15  respect to any election in which the system is used.

16         (17)  It contains or uses only software whose presence

17  and source code has been disclosed to the department. The

18  department shall make such disclosed source code available for

19  inspection by any citizen upon request.

20         (18)  It does not contain any wireless communication

21  device.

22         (19)  It contains or uses only software and hardware

23  that is certified by laboratories accredited by the department

24  as meeting the requirements of subsections (17) and (18).

25         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                  SB 2720
    30-1269-06




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 2                          SENATE SUMMARY

 3    Provides additional criteria governing approval of voting
      systems by the Department of State. Requires a paper
 4    record meeting specified criteria. Provides for
      preservation and access to such record and use of such
 5    record in a recount. Prohibits a voting system with
      undisclosed software or a wireless communication device.
 6    Requires disclosure of software codes and provides for
      access to disclosed codes. Requires certification of
 7    software or hardware by a laboratory that the department
      has accredited.
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CODING: Words stricken are deletions; words underlined are additions.