Senate Bill sb1174c1

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    Florida Senate - 2007                           CS for SB 1174

    By the Committee on Ethics and Elections; and Senators Dockery
    and Villalobos




    582-2512-07

  1                      A bill to be entitled

  2         An act relating to electronic voting systems;

  3         amending s. 101.5603, F.S.; providing

  4         definitions relating to electronic voting

  5         systems; amending s. 101.5606, F.S.; providing

  6         additional capabilities that an electronic

  7         voting system must possess before being

  8         approved for use; amending s. 101.56062, F.S.;

  9         revising standards for accessible voting

10         systems; creating s. 101.56075, F.S.; providing

11         requirements for voting methods at polling

12         places; amending s. 101.591, F.S.; revising

13         procedures for audits of voting machines;

14         amending s. 102.166, F.S.; revising methods for

15         manual recounts of ballots; amending s. 97.021,

16         F.S.; revising cross-references; providing an

17         appropriation; providing effective dates.

18  

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

20  

21         Section 1.  Section 101.5603, Florida Statutes, is

22  amended to read:

23         101.5603  Definitions relating to Electronic Voting

24  Systems Act.--As used in this act, the term:

25         (1)  "Audit data" for a touchscreen voting device

26  consists of time-stamped recorded information that documents

27  the activities that occurred on the voting device in order to

28  verify or reconstruct the events without compromising the

29  ballot or voter secrecy. The audit data also includes the

30  electronic record of the random sequence of ballots cast by

31  voters who used that voting device.

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 1         (2)(1)  "Automatic tabulating equipment" includes

 2  apparatus necessary to automatically examine, count, and

 3  record votes.

 4         (3)(2)  "Ballot" means the card, tape, or other media

 5  vehicle upon which the elector's choices are recorded.

 6         (4)(3)  "Ballot information" means the material

 7  containing the names of offices and candidates and the

 8  questions to be voted on.

 9         (5)  "Direct recording electronic voting method" means

10  an electronic voting method that uses electronic components

11  for the functions of ballot presentation, vote selection, vote

12  capture, vote recording, and tabulation which are logically

13  and physically integrated into a single unit. The unit may

14  include peripheral equipment such as a printer for zero and

15  results tapes and headphones. A direct recording electronic

16  voting method produces a tabulation of the voting data stored

17  in a removable memory component and in printed hard copy.

18         (6)(4)  "Electronic or electromechanical voting system"

19  means a system of casting votes by use of voting devices or

20  marking devices and counting ballots by employing automatic

21  tabulating equipment or data processing equipment, and the

22  term includes touchscreen systems.

23         (7)(5)  "Marking device" means any approved device for

24  marking a ballot with ink or other substance, including, but

25  not limited to, a pen, pencil, marker, or other device, which

26  will enable the ballot to be tabulated by means of automatic

27  tabulating equipment.

28         (8)(6)  "Secrecy envelope" means an opaque device, used

29  for enclosing a marked ballot, which conceals the voter's

30  choices.

31  

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 1         (9)(7)  "Software" means the programs and routines used

 2  to employ and control the capabilities of data processing

 3  hardware, including, without limitation, operating systems,

 4  compilers, assemblers, utilities, library routines,

 5  maintenance routines, applications, and computer networking

 6  programs.

 7         (10)  "Voter-verifiable paper audit record" means the

 8  individual permanent paper record produced by a direct

 9  recording electronic voting method which records each

10  selection on the ballot and allows the voter to confirm his or

11  her selections before the ballot is cast.

12         (11)(8)  "Voting device" means an apparatus by which

13  votes are registered electronically.

14         Section 2.  Section 101.5606, Florida Statutes, is

15  amended to read:

16         101.5606  Requirements for approval of systems.--An No

17  electronic or electromechanical voting system shall not be

18  approved by the Department of State unless it is so

19  constructed that:

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

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

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

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

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

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

26  elector is entitled to vote.

27         (3)  It immediately rejects a ballot when where the

28  number of votes for an office or measure exceeds the number

29  which the voter is entitled to cast or where the tabulating

30  equipment reads the ballot as a ballot with no votes cast.

31  

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 1         (4)  For systems using marksense ballots, it accepts a

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

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

 4  has been overvoted or undervoted.

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

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

 7  vote only for the candidates seeking nomination by the

 8  political party in which the such voter is registered, for any

 9  candidate for nonpartisan office, and for any question upon

10  which the voter is entitled to vote.

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

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

13  party or for all presidential electors of candidates for

14  President and Vice President with no party affiliation.

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

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

17  specific number of ballots tallied for a precinct,

18  accumulating total votes by candidate for each office, and

19  accumulating total votes for and against each question and

20  issue of the ballots tallied for a precinct.

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

22  different political parties from the same precinct, in the

23  case of a primary election.

24         (11)  It is capable of automatically producing precinct

25  totals in printed or, marked, or punched form, or a

26  combination thereof.

27         (12)  If it is of a type that presents a ballot and

28  records votes electronically, makes a paper record for each

29  vote cast available. The voter verifiable paper audit record

30  must be linked to individual ballot images that have a unique

31  ascending or descending identifier.

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 1         (13)(12)  If it is of a type that records which

 2  registers votes electronically, it will permit each voter to

 3  change his or her vote for any candidate or upon any question

 4  appearing on the official ballot up to the time that the voter

 5  takes the final step to record register his or her vote and to

 6  have the vote counted computed.

 7         (14)(13)  It is capable of providing records from which

 8  the operation of the voting system may be audited.

 9         (15)(14)  It uses a precinct-count tabulation system.

10         (16)(15)  It does not use an apparatus or device for

11  the piercing of ballots by the voter.

12         (17)  It provides standardized reporting of election

13  results as determined by the Department of State. The

14  Department of State shall adopt rules providing for reporting

15  election results.

16         Section 3.  Section 101.56062, Florida Statutes, is

17  amended to read:

18         101.56062  Standards for accessible voting systems.--

19         (1)  Notwithstanding anything in this chapter to the

20  contrary, each voting system certified by the Department of

21  State for use in local, state, and federal elections must

22  include the capability to install accessible voter interface

23  devices in the system configuration which will allow the

24  system to meet the following minimum standards:

25         (a)  The voting system must provide a tactile input or

26  audio input device, or both.

27         (b)  The voting system must provide a method by which

28  voters can confirm any tactile or audio input by having the

29  capability of audio output using synthetic or recorded human

30  speech that is reasonably phonetically accurate.

31  

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 1         (c)  Any operable controls on the input device which

 2  are needed for voters who are visually impaired must be

 3  discernible tactilely without actuating the keys.

 4         (d)  Audio and visual access approaches must be able to

 5  work both separately and simultaneously.

 6         (d)(e)  If a nonaudio access approach is provided, the

 7  system may not require color perception. The system must use

 8  black text or graphics, or both, on white background or white

 9  text or graphics, or both, on black background, unless the

10  office of the Secretary of State approves other high-contrast

11  color combinations that do not require color perception.

12         (e)(f)  Any voting system that requires any visual

13  perception must offer the election official who programs the

14  system, prior to its being sent to the polling place, the

15  capability to set the font size, as it appears to the voter,

16  from a minimum of 14 points to a maximum of 24 points.

17         (g)  The voting system must provide audio information,

18  including any audio output using synthetic or recorded human

19  speech or any auditory feedback tones that are important for

20  the use of the audio approach, through at least one mode, by

21  handset or headset, in enhanced auditory fashion (increased

22  amplification), and must provide incremental volume control

23  with output amplification up to a level of at least 97 dB SPL.

24         (h)  For transmitted voice signals to the voter, the

25  voting system must provide a gain adjustable up to a minimum

26  of 20 dB with at least one intermediate step of 12 dB of gain.

27         (i)  For the safety of others, if the voting system has

28  the possibility of exceeding 120 dB SPL, then a mechanism must

29  be included to reset the volume automatically to the voting

30  system's default volume level after every use, for example

31  when the handset is replaced, but not before. Also, universal

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 1  precautions in the use and sharing of headsets should be

 2  followed.

 3         (f)(j)  If sound cues and audible information such as

 4  "beeps" are used, there must be simultaneous corresponding

 5  visual cues and information.

 6         (g)(k)  Controls and operable mechanisms must be

 7  operable with one hand, including operability with a closed

 8  fist, and operable without tight grasping, pinching, or

 9  twisting of the wrist.

10         (h)(l)  The force required to operate or activate the

11  controls must be no greater than 5 pounds of force.

12         (i)(m)  Voting booths must have voting controls at a

13  minimum height of 36 inches above the finished floor with a

14  minimum knee clearance of 27 inches high, 30 inches wide, and

15  19 inches deep, or the accessible voter interface devices must

16  be designed so as to allow their use on top of a table to meet

17  these requirements. Tabletop installations must include

18  adequate privacy.

19         (j)(n)  Any audio ballot must provide the voter with

20  the following functionalities:

21         1.  After the initial instructions that the system

22  requires election officials to provide to each voter, the

23  voter should be able to independently operate the voter

24  interface through the final step of casting a ballot without

25  assistance.

26         2.  The voter must be able to determine the races that

27  he or she is allowed to vote in and to determine which

28  candidates are available in each race.

29         3.  The voter must be able to determine how many

30  candidates may be selected in each race.

31  

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 1         4.  The voter must be able to have confidence that the

 2  physical or vocal inputs given to the system have selected the

 3  candidates that he or she intended to select.

 4         5.  The voter must be able to review the candidate

 5  selections that he or she has made.

 6         6.  Prior to the act of casting the ballot, the voter

 7  must be able to change any selections previously made and

 8  confirm a new selection.

 9         7.  The system must communicate to the voter the fact

10  that the voter has failed to vote in a race or has failed to

11  vote the number of allowable candidates in any race and

12  require the voter to confirm his or her intent to undervote

13  before casting the ballot.

14         8.  The system must prevent the voter from overvoting

15  any race.

16         9.  The voter must be able to input a candidate's name

17  in each race that allows a write-in candidate.

18         10.  The voter must be able to review his or her

19  write-in input to the interface, edit that input, and confirm

20  that the edits meet the voter's intent.

21         11.  There must be a clear, identifiable action that

22  the voter takes to "cast" the ballot. The system must make

23  clear to the voter how to take this action so that the voter

24  has minimal risk of taking the action accidentally but, when

25  the voter intends to cast the ballot, the action can be easily

26  performed.

27         12.  Once the ballot is cast, the system must confirm

28  to the voter that the action has occurred and that the voter's

29  process of voting is complete.

30  

31  

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 1         13.  Once the ballot is cast, the system must preclude

 2  the voter from modifying the ballot cast or voting or casting

 3  another ballot.

 4  

 5  The functionalities required in this paragraph for

 6  certification may be satisfied by either the voting device or

 7  by the entire voting system.

 8         (2)  Such voting system must include at least one

 9  accessible voter interface device installed in each polling

10  place which meets the requirements of this section, except for

11  paragraph (1)(d).

12         (3)  The Department of State may adopt rules in

13  accordance with s. 120.54 which are necessary to administer

14  this section.

15         Section 4.  Effective July 1, 2008, section 101.56075,

16  Florida Statutes, is created to read:

17         101.56075  Voting methods.--

18         (1)  Except as provided in subsection (2), all voting

19  at early voting sites and at polling places on election day

20  shall be by marksense ballot tabulated at the polling

21  location.

22         (2)  In each polling place and early voting site, there

23  shall be at least one accessible voter interface device that

24  meets the requirements of s. 101.56062.

25         Section 5.  Effective July 1, 2008, section 101.591,

26  Florida Statutes, is amended to read:

27         101.591  Voting system audit.--

28         (1)  Immediately following each certification of

29  election, the supervisor of elections shall conduct a manual

30  audit in randomly selected precincts of the voting systems

31  used in the election as follows:

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 1         (a)  The audit shall consist of a public manual tally

 2  of the votes cast for the first statewide race or issue on

 3  that ballot. If the election does not contain a statewide race

 4  or issue, the audit shall consist of a public tally of the

 5  first countywide, or in the instance of a municipal election,

 6  the first municipal race or issue on that ballot. The tally

 7  shall include election day, absentee, early voting,

 8  provisional, and overseas ballots in 2 percent of the

 9  precincts chosen at random by the county canvassing board or

10  the local board responsible for certifying the election. If 2

11  percent of the precincts are less than one whole precinct, the

12  audit shall be conducted in one precinct chosen at random by

13  the county canvassing board or the local board responsible for

14  certifying the election. Such precincts shall be selected at a

15  publicly noticed meeting of the county canvassing board or the

16  local board responsible for certifying the election.

17         (b)  When selecting precincts, the county canvassing

18  board or the local board responsible for certifying the

19  election shall choose additional precincts to provide

20  alternative precincts if there was a malfunction of a

21  voter-verifiable paper record for a precinct. In the course of

22  the audit, if the precinct being audited shows a malfunction

23  in the voter-verifiable paper audit record, the canvassing

24  board shall audit the next alternative precinct.

25         (c)  The audit shall be conducted using the marksense

26  ballots and the voter-verifiable paper audit records of

27  ballots cast by means of direct-recording electronic voting.

28         (d)  The supervisor of elections shall provide public

29  notice before the beginning of the audit by posting notice in

30  four conspicuous places in the county.

31  

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 1         (e)  The audit must be completed no later than the end

 2  of the 9th day following certification of the election by the

 3  county canvassing board.

 4         (2)  Within 15 days after completing the audit, the

 5  supervisor of elections shall provide a report to the

 6  department on the results of the audit of a county, state, or

 7  federal election in a standard format as prescribed by the

 8  department. An audit report for all other elections in the

 9  county shall be maintained by the supervisor of elections.

10         (3)  The department shall adopt rules to provide

11  uniform procedures for conducting audits under this section.

12         (1)  The Legislature, upon specific appropriation and

13  directive, may provide for an independent audit of the voting

14  system in any county. Within 30 days after completing the

15  audit, the person conducting the audit shall furnish a copy of

16  the audit to the supervisor of elections and the board of

17  county commissioners.

18         (2)  An audit conducted pursuant to subsection (1)

19  shall consist of a study and evaluation of the voting system

20  used during any primary, general, municipal, or presidential

21  preference primary election to provide reasonable assurance

22  that the system is properly controlled, can accurately count

23  votes, provides adequate safeguards against unauthorized

24  manipulation and fraud, and complies with the requirements of

25  law and rules of the Department of State.

26         Section 6.  Effective July 1, 2008, subsection (1) of

27  section 102.166, Florida Statutes, is amended to read:

28         102.166  Manual recounts.--

29         (1)  If the second set of unofficial returns pursuant

30  to s. 102.141 indicates that a candidate for any office was

31  defeated or eliminated by one-quarter of a percent or less of

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 1  the votes cast for such office, that a candidate for retention

 2  to a judicial office was retained or not retained by

 3  one-quarter of a percent or less of the votes cast on the

 4  question of retention, or that a measure appearing on the

 5  ballot was approved or rejected by one-quarter of a percent or

 6  less of the votes cast on such measure, the board responsible

 7  for certifying the results of the vote on such race or measure

 8  shall order a manual recount of the overvotes and undervotes

 9  cast in the entire geographic jurisdiction of such office or

10  ballot measure. A manual recount may not be ordered, however,

11  if the number of overvotes, undervotes, and provisional

12  ballots is fewer than the number of votes needed to change the

13  outcome of the election. A manual recount of votes recorded on

14  a direct recording electronic voting method shall be conducted

15  using the voter-verifiable paper audit record. For those

16  machines equipped with a voter-verifiable paper audit record

17  for the purposes of s. 101.56075(2), the voter-verifiable

18  paper audit record shall be considered the official ballot for

19  the manual recount. If there is a malfunction involving the

20  voter-verifiable paper audit record, the supervisor of

21  elections shall generate audit data. The supervisor of

22  elections shall compare the audit data and the

23  voter-verifiable paper audit record to determine any

24  discrepancies. If there are discrepancies, the supervisor

25  shall use the audit data as the official record for those

26  discrepancies only.

27         Section 7.  Subsection (35) of section 97.021, Florida

28  Statutes, is amended to read:

29         97.021  Definitions.--For the purposes of this code,

30  except where the context clearly indicates otherwise, the

31  term:

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 1         (35)  "Tactile input device" means a device that

 2  provides information to a voting system by means of a voter

 3  touching the device, such as a keyboard, and that complies

 4  with the requirements of s. 101.56062(1)(g) and (h) s.

 5  101.56062(1)(k) and (l).

 6         Section 8.  The sum of $35,678,060 is appropriated from

 7  the Grants and Donations Trust Fund to the Division of

 8  Elections within the Department of State for the purpose of

 9  implementing the provisions of this act.

10         Section 9.  Except as otherwise expressly provided in

11  this act, this act shall take effect July 1, 2007.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 1174

15                                 

16  The committee substitute substantially differs from the
    original bill in that it:  requires precinct-based optical
17  scan voting for all voters at early voting, except for
    disabled voters who may continue to vote on touchscreen
18  machines equipped with a voter verifiable paper audit trail
    (VVPAT); provides that if there is a discrepancy between the
19  VVPATs and the electronic audit record on the machine, the
    audit record shall be used for purposes of the manual recount
20  instead of the VVPATs; modifies the post-election, post
    certification audit requirements to require that the top race
21  on the ballot in 2% of the precincts be audited, instead of
    auditing all the races on the ballot in 4%-6% of precincts;
22  eliminates a criminal penalty for removing a VVPAT from the
    polling place; appropriates approximately $35.68 million from
23  the Grants and Donations Trust Fund.

24  

25  

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