Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1174
                        Barcode 681958
                            CHAMBER ACTION
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11  The Committee on Ethics and Elections (Jones) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 101.5603, Florida Statutes, is
19  amended to read:
20         101.5603  Definitions relating to Electronic Voting
21  Systems Act.--As used in this act, the term:
22         (1)  "Audit data" for a touchscreen voting device
23  consists of time-stamped recorded information that documents
24  the activities that occurred on the voting device in order to
25  verify or reconstruct the events without compromising the
26  ballot or voter secrecy. The audit data also includes the
27  electronic record of the random sequence of ballots cast by
28  voters who used that voting device.
29         (2)(1)  "Automatic tabulating equipment" includes
30  apparatus necessary to automatically examine, count, and
31  record votes.
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1174 Barcode 681958 1 (3)(2) "Ballot" means the card, tape, or other media 2 vehicle upon which the elector's choices are recorded. 3 (4)(3) "Ballot information" means the material 4 containing the names of offices and candidates and the 5 questions to be voted on. 6 (5) "Direct recording electronic voting method" means 7 an electronic voting method that uses electronic components 8 for the functions of ballot presentation, vote selection, vote 9 capture, vote recording, and tabulation which are logically 10 and physically integrated into a single unit. The unit may 11 include peripheral equipment such as a printer for zero and 12 results tapes and headphones. A direct recording electronic 13 voting method produces a tabulation of the voting data stored 14 in a removable memory component and in printed hard copy. 15 (6)(4) "Electronic or electromechanical voting system" 16 means a system of casting votes by use of voting devices or 17 marking devices and counting ballots by employing automatic 18 tabulating equipment or data processing equipment, and the 19 term includes touchscreen systems. 20 (7)(5) "Marking device" means any approved device for 21 marking a ballot with ink or other substance, including, but 22 not limited to, a pen, pencil, marker, or other device, which 23 will enable the ballot to be tabulated by means of automatic 24 tabulating equipment. 25 (8)(6) "Secrecy envelope" means an opaque device, used 26 for enclosing a marked ballot, which conceals the voter's 27 choices. 28 (9)(7) "Software" means the programs and routines used 29 to employ and control the capabilities of data processing 30 hardware, including, without limitation, operating systems, 31 compilers, assemblers, utilities, library routines, 2 4:58 PM 04/13/07 s1174c-ee13-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1174 Barcode 681958 1 maintenance routines, applications, and computer networking 2 programs. 3 (10) "Voter-verifiable paper audit record" means the 4 individual permanent paper record produced by a direct 5 recording electronic voting method which records each 6 selection on the ballot and allows the voter to confirm his or 7 her selections before the ballot is cast. 8 (11)(8) "Voting device" means an apparatus by which 9 votes are registered electronically. 10 Section 2. Section 101.5606, Florida Statutes, is 11 amended to read: 12 101.5606 Requirements for approval of systems.--An No 13 electronic or electromechanical voting system shall not 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 when where the 24 number of votes for an office or measure exceeds the number 25 which the voter is entitled to cast or where the tabulating 26 equipment reads the ballot as a ballot with no votes cast. 27 (4) For systems using marksense 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. 3 4:58 PM 04/13/07 s1174c-ee13-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1174 Barcode 681958 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 the 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 or, marked, or punched form, or a 21 combination thereof. 22 (12) If it is of a type that presents a ballot and 23 records votes electronically, makes a paper record for each 24 vote cast available. The voter verifiable paper audit record 25 must be linked to individual ballot images that have a unique 26 ascending or descending identifier. 27 (13)(12) If it is of a type that records which 28 registers votes electronically, it will permit each voter to 29 change his or her vote for any candidate or upon any question 30 appearing on the official ballot up to the time that the voter 31 takes the final step to record register his or her vote and to 4 4:58 PM 04/13/07 s1174c-ee13-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1174 Barcode 681958 1 have the vote counted computed. 2 (14)(13) It is capable of providing records from which 3 the operation of the voting system may be audited. 4 (15)(14) It uses a precinct-count tabulation system. 5 (16)(15) It does not use an apparatus or device for 6 the piercing of ballots by the voter. 7 (17) It provides standardized reporting of election 8 results as determined by the Department of State. The 9 Department of State shall adopt rules providing for reporting 10 election results. 11 Section 3. Section 101.56062, Florida Statutes, is 12 amended to read: 13 101.56062 Standards for accessible voting systems.-- 14 (1) Notwithstanding anything in this chapter to the 15 contrary, each voting system certified by the Department of 16 State for use in local, state, and federal elections must 17 include the capability to install accessible voter interface 18 devices in the system configuration which will allow the 19 system to meet the following minimum standards: 20 (a) The voting system must provide a tactile input or 21 audio input device, or both. 22 (b) The voting system must provide a method by which 23 voters can confirm any tactile or audio input by having the 24 capability of audio output using synthetic or recorded human 25 speech that is reasonably phonetically accurate. 26 (c) Any operable controls on the input device which 27 are needed for voters who are visually impaired must be 28 discernible tactilely without actuating the keys. 29 (d) Audio and visual access approaches must be able to 30 work both separately and simultaneously. 31 (d)(e) If a nonaudio access approach is provided, the 5 4:58 PM 04/13/07 s1174c-ee13-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1174 Barcode 681958 1 system may not require color perception. The system must use 2 black text or graphics, or both, on white background or white 3 text or graphics, or both, on black background, unless the 4 office of the Secretary of State approves other high-contrast 5 color combinations that do not require color perception. 6 (e)(f) Any voting system that requires any visual 7 perception must offer the election official who programs the 8 system, prior to its being sent to the polling place, the 9 capability to set the font size, as it appears to the voter, 10 from a minimum of 14 points to a maximum of 24 points. 11 (g) The voting system must provide audio information, 12 including any audio output using synthetic or recorded human 13 speech or any auditory feedback tones that are important for 14 the use of the audio approach, through at least one mode, by 15 handset or headset, in enhanced auditory fashion (increased 16 amplification), and must provide incremental volume control 17 with output amplification up to a level of at least 97 dB SPL. 18 (h) For transmitted voice signals to the voter, the 19 voting system must provide a gain adjustable up to a minimum 20 of 20 dB with at least one intermediate step of 12 dB of gain. 21 (i) For the safety of others, if the voting system has 22 the possibility of exceeding 120 dB SPL, then a mechanism must 23 be included to reset the volume automatically to the voting 24 system's default volume level after every use, for example 25 when the handset is replaced, but not before. Also, universal 26 precautions in the use and sharing of headsets should be 27 followed. 28 (f)(j) If sound cues and audible information such as 29 "beeps" are used, there must be simultaneous corresponding 30 visual cues and information. 31 (g)(k) Controls and operable mechanisms must be 6 4:58 PM 04/13/07 s1174c-ee13-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1174 Barcode 681958 1 operable with one hand, including operability with a closed 2 fist, and operable without tight grasping, pinching, or 3 twisting of the wrist. 4 (h)(l) The force required to operate or activate the 5 controls must be no greater than 5 pounds of force. 6 (i)(m) Voting booths must have voting controls at a 7 minimum height of 36 inches above the finished floor with a 8 minimum knee clearance of 27 inches high, 30 inches wide, and 9 19 inches deep, or the accessible voter interface devices must 10 be designed so as to allow their use on top of a table to meet 11 these requirements. Tabletop installations must include 12 adequate privacy. 13 (j)(n) Any audio ballot must provide the voter with 14 the following functionalities: 15 1. After the initial instructions that the system 16 requires election officials to provide to each voter, the 17 voter should be able to independently operate the voter 18 interface through the final step of casting a ballot without 19 assistance. 20 2. The voter must be able to determine the races that 21 he or she is allowed to vote in and to determine which 22 candidates are available in each race. 23 3. The voter must be able to determine how many 24 candidates may be selected in each race. 25 4. The voter must be able to have confidence that the 26 physical or vocal inputs given to the system have selected the 27 candidates that he or she intended to select. 28 5. The voter must be able to review the candidate 29 selections that he or she has made. 30 6. Prior to the act of casting the ballot, the voter 31 must be able to change any selections previously made and 7 4:58 PM 04/13/07 s1174c-ee13-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1174 Barcode 681958 1 confirm a new selection. 2 7. The system must communicate to the voter the fact 3 that the voter has failed to vote in a race or has failed to 4 vote the number of allowable candidates in any race and 5 require the voter to confirm his or her intent to undervote 6 before casting the ballot. 7 8. The system must prevent the voter from overvoting 8 any race. 9 9. The voter must be able to input a candidate's name 10 in each race that allows a write-in candidate. 11 10. The voter must be able to review his or her 12 write-in input to the interface, edit that input, and confirm 13 that the edits meet the voter's intent. 14 11. There must be a clear, identifiable action that 15 the voter takes to "cast" the ballot. The system must make 16 clear to the voter how to take this action so that the voter 17 has minimal risk of taking the action accidentally but, when 18 the voter intends to cast the ballot, the action can be easily 19 performed. 20 12. Once the ballot is cast, the system must confirm 21 to the voter that the action has occurred and that the voter's 22 process of voting is complete. 23 13. Once the ballot is cast, the system must preclude 24 the voter from modifying the ballot cast or voting or casting 25 another ballot. 26 27 The functionalities required in this paragraph for 28 certification may be satisfied by either the voting device or 29 by the entire voting system. 30 (2) Such voting system must include at least one 31 accessible voter interface device installed in each polling 8 4:58 PM 04/13/07 s1174c-ee13-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1174 Barcode 681958 1 place which meets the requirements of this section, except for 2 paragraph (1)(d). 3 (3) The Department of State may adopt rules in 4 accordance with s. 120.54 which are necessary to administer 5 this section. 6 Section 4. Effective July 1, 2008, section 101.56075, 7 Florida Statutes, is created to read: 8 101.56075 Voting methods.-- 9 (1) Except as provided in subsection (2), all voting 10 at early voting sites and at polling places on election day 11 shall be by marksense ballot tabulated at the polling 12 location. 13 (2) In each polling place and early voting site, there 14 shall be at least one accessible voter interface device that 15 meets the requirements of s. 101.56062. 16 Section 5. Effective July 1, 2008, section 101.591, 17 Florida Statutes, is amended to read: 18 101.591 Voting system audit.-- 19 (1) Immediately following each certification of 20 election, the supervisor of elections shall conduct a manual 21 audit in randomly selected precincts of the voting systems 22 used in the election as follows: 23 (a) The audit shall consist of a public manual tally 24 of the votes cast for the first statewide race or issue on 25 that ballot. If the election does not contain a statewide race 26 or issue, the audit shall consist of a public tally of the 27 first countywide, or in the instance of a municipal election, 28 the first municipal race or issue on that ballot. The tally 29 shall include election day, absentee, early voting, 30 provisional, and overseas ballots in 2 percent of the 31 precincts chosen at random by the county canvassing board or 9 4:58 PM 04/13/07 s1174c-ee13-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1174 Barcode 681958 1 the local board responsible for certifying the election. If 2 2 percent of the precincts are less than one whole precinct, the 3 audit shall be conducted in one precinct chosen at random by 4 the county canvassing board or the local board responsible for 5 certifying the election. Such precincts shall be selected at a 6 publicly noticed meeting of the county canvassing board or the 7 local board responsible for certifying the election. 8 (b) When selecting precincts, the county canvassing 9 board or the local board responsible for certifying the 10 election shall choose additional precincts to provide 11 alternative precincts if there was a malfunction of a 12 voter-verifiable paper record for a precinct. In the course of 13 the audit, if the precinct being audited shows a malfunction 14 in the voter-verifiable paper audit record, the canvassing 15 board shall audit the next alternative precinct. 16 (c) The audit shall be conducted using the marksense 17 ballots and the voter-verifiable paper audit records of 18 ballots cast by means of direct-recording electronic voting. 19 (d) The supervisor of elections shall provide public 20 notice before the beginning of the audit by posting notice in 21 four conspicuous places in the county. 22 (e) The audit must be completed no later than the end 23 of the 9th day following certification of the election by the 24 county canvassing board. 25 (2) Within 15 days after completing the audit, the 26 supervisor of elections shall provide a report to the 27 department on the results of the audit of a county, state, or 28 federal election in a standard format as prescribed by the 29 department. An audit report for all other elections in the 30 county shall be maintained by the supervisor of elections. 31 (3) The department shall adopt rules to provide 10 4:58 PM 04/13/07 s1174c-ee13-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1174 Barcode 681958 1 uniform procedures for conducting audits under this section. 2 (1) The Legislature, upon specific appropriation and 3 directive, may provide for an independent audit of the voting 4 system in any county. Within 30 days after completing the 5 audit, the person conducting the audit shall furnish a copy of 6 the audit to the supervisor of elections and the board of 7 county commissioners. 8 (2) An audit conducted pursuant to subsection (1) 9 shall consist of a study and evaluation of the voting system 10 used during any primary, general, municipal, or presidential 11 preference primary election to provide reasonable assurance 12 that the system is properly controlled, can accurately count 13 votes, provides adequate safeguards against unauthorized 14 manipulation and fraud, and complies with the requirements of 15 law and rules of the Department of State. 16 Section 6. Effective July 1, 2008, subsection (1) of 17 section 102.166, Florida Statutes, is amended to read: 18 102.166 Manual recounts.-- 19 (1) If the second set of unofficial returns pursuant 20 to s. 102.141 indicates that a candidate for any office was 21 defeated or eliminated by one-quarter of a percent or less of 22 the votes cast for such office, that a candidate for retention 23 to a judicial office was retained or not retained by 24 one-quarter of a percent or less of the votes cast on the 25 question of retention, or that a measure appearing on the 26 ballot was approved or rejected by one-quarter of a percent or 27 less of the votes cast on such measure, the board responsible 28 for certifying the results of the vote on such race or measure 29 shall order a manual recount of the overvotes and undervotes 30 cast in the entire geographic jurisdiction of such office or 31 ballot measure. A manual recount may not be ordered, however, 11 4:58 PM 04/13/07 s1174c-ee13-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1174 Barcode 681958 1 if the number of overvotes, undervotes, and provisional 2 ballots is fewer than the number of votes needed to change the 3 outcome of the election. A manual recount of votes recorded on 4 a direct recording electronic voting method shall be conducted 5 using the voter-verifiable paper audit record. For those 6 machines equipped with a voter-verifiable paper audit record 7 for the purposes of s. 101.56075(2), the voter-verifiable 8 paper audit record shall be considered the official ballot for 9 the manual recount. If there is a malfunction involving the 10 voter-verifiable paper audit record, the supervisor of 11 elections shall generate audit data. The supervisor of 12 elections shall compare the audit data and the 13 voter-verifiable paper audit record to determine any 14 discrepancies. If there are discrepancies, the supervisor 15 shall use the audit data as the official record for those 16 discrepancies only. 17 Section 7. Subsection (35) of section 97.021, Florida 18 Statutes, is amended to read: 19 97.021 Definitions.--For the purposes of this code, 20 except where the context clearly indicates otherwise, the 21 term: 22 (35) "Tactile input device" means a device that 23 provides information to a voting system by means of a voter 24 touching the device, such as a keyboard, and that complies 25 with the requirements of s. 101.56026(1)(g) and (h) s. 26 101.56062(1)(k) and (l). 27 Section 8. The sum of $35,678,060 is appropriated from 28 the Grants and Donations Trust Fund to the Division of 29 Elections within the Department of State for the purpose of 30 implementing the provisions of this act. 31 Section 9. Except as otherwise expressly provided in 12 4:58 PM 04/13/07 s1174c-ee13-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1174 Barcode 681958 1 this act, this act shall take effect July 1, 2007. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 Delete everything before the enacting clause 7 8 and insert: 9 A bill to be entitled 10 An act relating to electronic voting systems; 11 amending s. 101.5603, F.S.; providing 12 definitions relating to electronic voting 13 systems; amending s. 101.5606, F.S.; providing 14 additional capabilities that an electronic 15 voting system must possess before being 16 approved for use; amending s. 101.56062, F.S.; 17 revising standards for accessible voting 18 systems; creating s. 101.56075, F.S.; providing 19 requirements for voting methods at polling 20 places; amending s. 101.591, F.S.; revising 21 procedures for audits of voting machines; 22 amending s. 102.166, F.S.; revising methods for 23 manual recounts of ballots; amending s. 97.021, 24 F.S.; revising cross-references; providing an 25 appropriation; providing effective dates. 26 27 28 29 30 31 13 4:58 PM 04/13/07 s1174c-ee13-k0a