Senate Bill sb2164

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    Florida Senate - 2007                                  SB 2164

    By Senator Villalobos





    38-1255B-07

  1                      A bill to be entitled

  2         An act relating to voting systems; amending s.

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

  4         s. 101.5606, F.S.; requiring a voter-verifiable

  5         paper record of votes cast using electronic

  6         voting systems; requiring that electronic

  7         voting systems provide standardized reporting

  8         of election results; amending s. 101.56062,

  9         F.S.; deleting requirements for certain audio

10         and visual capabilities for accessible voting

11         systems; creating s. 101.56075, F.S.; requiring

12         the use of marksense ballots on election days;

13         requiring the use of marksense ballots or a

14         direct recording electronic voting method

15         having a voter-verifiable paper record at early

16         voting sites; requiring an accessible voter

17         interface device at polling places and early

18         voting sites; amending s. 101.591, F.S.;

19         requiring postelection audits of voting

20         systems; requiring rulemaking by the Department

21         of State; deleting provisions providing for

22         voting system audits directed by the

23         Legislature; amending s. 102.166, F.S.;

24         requiring manual recounts of votes cast using a

25         direct recording electronic voting method to

26         use the paper record, which is the official

27         ballot for manual recounts; providing effective

28         dates.

29  

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

31  

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    Florida Senate - 2007                                  SB 2164
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 1         Section 1.  Section 101.5603, Florida Statutes, is

 2  amended to read:

 3         101.5603  Definitions relating to Electronic Voting

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

 5         (1)  "Automatic tabulating equipment" includes

 6  apparatus necessary to automatically examine, count, and

 7  record votes.

 8         (2)  "Ballot" means the card, tape, or other vehicle

 9  upon which the elector's choices are recorded.

10         (3)  "Ballot information" means the material containing

11  the names of offices and candidates and the questions to be

12  voted on.

13         (4)  "Direct recording electronic voting method" means

14  an electronic voting method that uses electronic components

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

16  capture, vote recording, and tabulation which are logically

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

18  include peripheral equipment such as a printer, headphones,

19  and other similar items. A direct recording electronic voting

20  method produces a tabulation of the voting data stored in a

21  removable memory component and in printed hard copy.

22         (5)(4)  "Electronic or electromechanical voting system"

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

24  marking devices and counting ballots by employing automatic

25  tabulating equipment or data processing equipment, and the

26  term includes touchscreen systems.

27         (6)(5)  "Marking device" means any approved device for

28  marking a ballot with ink or other substance which will enable

29  the ballot to be tabulated by means of automatic tabulating

30  equipment.

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    Florida Senate - 2007                                  SB 2164
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 1         (7)(6)  "Secrecy envelope" means an opaque device, used

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

 3  choices.

 4         (8)(7)  "Software" means the programs and routines used

 5  to employ and control the capabilities of data processing

 6  hardware, including, without limitation, operating systems,

 7  compilers, assemblers, utilities, library routines,

 8  maintenance routines, applications, and computer networking

 9  programs.

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

11  individual permanent paper record produced by a direct

12  recording electronic voting method which records each

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

14  her selections before the ballot is cast.

15         (10)(8)  "Voting device" means an apparatus by which

16  votes are registered electronically.

17         Section 2.  Section 101.5606, Florida Statutes, is

18  amended to read:

19         101.5606  Requirements for approval of systems.--No

20  electronic or electromechanical voting system shall be

21  approved by the Department of State unless it is so

22  constructed that:

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

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

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

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

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

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

29  elector is entitled to vote.

30         (3)  It immediately rejects a ballot where the number

31  of votes for an office or measure exceeds the number which the

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    Florida Senate - 2007                                  SB 2164
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 1  voter is entitled to cast or where the tabulating equipment

 2  reads the ballot as a ballot with no votes cast.

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

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

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

 6  has been overvoted or undervoted.

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

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

 9  vote only for the candidates seeking nomination by the

10  political party in which such voter is registered, for any

11  candidate for nonpartisan office, and for any question upon

12  which the voter is entitled to vote.

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

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

15  party or for all presidential electors of candidates for

16  President and Vice President with no party affiliation.

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

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

19  specific number of ballots tallied for a precinct,

20  accumulating total votes by candidate for each office, and

21  accumulating total votes for and against each question and

22  issue of the ballots tallied for a precinct.

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

24  different political parties from the same precinct, in the

25  case of a primary election.

26         (11)  It is capable of automatically producing precinct

27  totals in printed, marked, or punched form, or a combination

28  thereof.

29         (12)  If it is of a type that records votes

30  electronically, a paper record for each vote cast is made

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    Florida Senate - 2007                                  SB 2164
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 1  available for inspection and verification by the voter before

 2  the ballot is cast.

 3         (13)(12)  If it is of a type which records registers

 4  votes electronically, it will permit each voter to change his

 5  or her vote for any candidate or upon any question appearing

 6  on the official ballot up to the time that the voter takes the

 7  final step to record register his or her vote and to have the

 8  vote counted computed.

 9         (14)(13)  It is capable of providing records from which

10  the operation of the voting system may be audited.

11         (15)(14)  It uses a precinct-count tabulation system.

12         (16)(15)  It does not use an apparatus or device for

13  the piercing of ballots by the voter.

14         (17)  It provides standardized election results

15  reporting as determined by the Department of State.

16         Section 3.  Subsections (1) and (2) of section

17  101.56062, Florida Statutes, are 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.

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    Florida Senate - 2007                                  SB 2164
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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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    Florida Senate - 2007                                  SB 2164
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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.

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    Florida Senate - 2007                                  SB 2164
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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.

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    Florida Senate - 2007                                  SB 2164
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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 that which meets the requirements of this section,

11  except for paragraph (1)(d).

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

13  Florida Statutes, is created to read:

14         101.56075  Voting methods.--

15         (1)  Except as provided in subsection (3), all voting

16  at polling places on election day shall be by marksense

17  ballot, tabulated at the precinct.

18         (2)  At early voting sites, each supervisor of

19  elections shall provide for voting by either a marksense

20  ballot or by a direct recording electronic voting method

21  equipped with a voter-verifiable paper audit record as

22  required by s. 101.5606(12).

23         (3)  In each polling place and early voting site, there

24  shall be at least one accessible voter interface device that

25  meets the requirements of s. 101.56062.

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

27  Florida Statutes, is amended to read:

28         101.591  Voting system audit.--

29         (1)  Immediately following each election, the

30  supervisor of elections shall conduct a manual audit in

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    Florida Senate - 2007                                  SB 2164
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 1  randomly selected precincts of the voting systems used in the

 2  election as follows:

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

 4  of the ballots cast, including absentee and early voting

 5  ballots, in 2 percent of the precincts chosen at random by the

 6  county canvassing board. If 2 percent of the precincts is less

 7  than one entire precinct, the audit shall be conducted in one

 8  precinct chosen at random by the county canvassing board. Such

 9  precincts shall be selected at a publicly noticed county

10  canvassing board meeting.

11         (b)  The audit shall be conducted using the marksense

12  ballots and the voter-verifiable paper audit records of

13  ballots cast on direct recording electronic voting methods.

14         (c)  The supervisor of elections shall provide public

15  notice before the beginning of the audit by posting a notice

16  in four conspicuous places around the county.

17         (d)  The audit must be completed no later than the end

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

19  county canvassing board.

20         (2)  Within 15 days after completion of the audit, the

21  supervisor of elections shall provide a report to the

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

23  federal election in a standard format as prescribed by the

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

25  county shall be maintained by the supervisor of elections.

26         (3)  The department shall adopt rules to provide

27  uniform procedures for conducting audits under this section.

28         (1)  The Legislature, upon specific appropriation and

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

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

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

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    Florida Senate - 2007                                  SB 2164
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 1  the audit to the supervisor of elections and the board of

 2  county commissioners.

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

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

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

 6  preference primary election to provide reasonable assurance

 7  that the system is properly controlled, can accurately count

 8  votes, provides adequate safeguards against unauthorized

 9  manipulation and fraud, and complies with the requirements of

10  law and rules of the Department of State.

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

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

13         102.166  Manual recounts.--

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

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

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

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

18  to a judicial office was retained or not retained by

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

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

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

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

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

24  shall order a manual recount of the overvotes and undervotes

25  cast in the entire geographic jurisdiction of such office or

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

27  if the number of overvotes, undervotes, and provisional

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

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

30  a direct recording electronic voting method shall be conducted

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    Florida Senate - 2007                                  SB 2164
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 1  using the voter verifiable paper audit record, which shall be

 2  considered the official ballot for the manual recounts.

 3         Section 7.  Except as otherwise expressly provided in

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

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Defines the terms "direct recording electronic voting
      method" and "voter-verifiable paper audit record."
 9    Requires a voter-verifiable paper record of votes cast
      using electronic voting systems. Requires electronic
10    voting systems to provide standardized election results
      reporting. Removes requirements for certain audio and
11    visual capabilities for accessible voting systems.
      Requires the use of marksense ballots on election days.
12    Requires the use of marksense ballots or a direct
      recording electronic voting method with a
13    voter-verifiable paper record at early voting sites.
      Requires an accessible voter interface device at polling
14    places and early voting sites. Requires postelection
      voting system audits. Requires rulemaking. Removes
15    provisions providing for voting system audits directed by
      the Legislature. Requires manual recounts of votes cast
16    using a direct recording electronic voting method to use
      the paper record, which is the official ballot for manual
17    recounts.

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