| 1 | A bill to be entitled |
| 2 | An act relating to voting systems; amending s. 101.5601, |
| 3 | F.S.; revising a cross-reference in the short title of the |
| 4 | "Electronic Voting Systems Act," to conform to changes |
| 5 | made by this act; amending s. 101.5606, F.S.; requiring |
| 6 | electronic or electromechanical voting systems to produce |
| 7 | a paper record of votes; requiring the manufacturers of |
| 8 | electronic or electromechanical voting systems and certain |
| 9 | election officials to meet specified requirements with |
| 10 | respect to the creation, use, and alteration of system |
| 11 | software and with respect to avoiding conflicts of |
| 12 | influence; creating s. 101.56061, F.S.; providing for the |
| 13 | preservation of paper records of votes; requiring that |
| 14 | paper records be suitable for manual audits; providing |
| 15 | that paper records are the true and correct records of |
| 16 | votes cast; providing for paper records of certain |
| 17 | absentee voters; amending s. 101.5607, F.S.; requiring the |
| 18 | Secretary of State to certify all hardware and software |
| 19 | used in electronic or electromechanical voting systems; |
| 20 | creating s. 101.5615, F.S. providing prohibitions relating |
| 21 | to electronic or electromechanical voting systems; |
| 22 | creating s. 101.592, F.S.; requiring the Secretary of |
| 23 | State to conduct random manual audits for each general |
| 24 | election; providing procedures and requirements relating |
| 25 | to random manual audits; amending s. 101.715, F.S.; |
| 26 | requiring the Secretary of State to ensure that election |
| 27 | officials are given specified instructions relating to |
| 28 | people having a disability; providing an effective date. |
| 29 |
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| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Section 101.5601, Florida Statutes, is amended |
| 33 | to read: |
| 34 | 101.5601 Short title.--Sections 101.5601-101.5615 |
| 35 | 101.5601-101.5614 may be cited as the "Electronic Voting Systems |
| 36 | Act." |
| 37 | Section 2. Section 101.5606, Florida Statutes, is amended |
| 38 | to read: |
| 39 | 101.5606 Requirements for approval of systems.-- |
| 40 | (1) No electronic or electromechanical voting system shall |
| 41 | be approved by the Department of State unless it is so |
| 42 | constructed that: |
| 43 | (a)(1) It permits and requires voting in secrecy. |
| 44 | (b)(2) It permits each elector to vote at any election for |
| 45 | all persons and offices for whom and for which the elector is |
| 46 | lawfully entitled to vote, and no others; to vote for as many |
| 47 | persons for an office as the elector is entitled to vote for; |
| 48 | and to vote for or against any question upon which the elector |
| 49 | is entitled to vote. |
| 50 | (c)(3) It immediately rejects a ballot where the number of |
| 51 | votes for an office or measure exceeds the number which the |
| 52 | voter is entitled to cast or where the tabulating equipment |
| 53 | reads the ballot as a ballot with no votes cast. |
| 54 | (d)(4) For systems using marksense ballots, it accepts a |
| 55 | rejected ballot pursuant to paragraph (c) subsection (3) if a |
| 56 | voter chooses to cast the ballot, but records no vote for any |
| 57 | office that has been overvoted or undervoted. |
| 58 | (e)(5) It is capable of correctly counting votes. |
| 59 | (f)(6) It permits each voter at a primary election to vote |
| 60 | only for the candidates seeking nomination by the political |
| 61 | party in which such voter is registered, for any candidate for |
| 62 | nonpartisan office, and for any question upon which the voter is |
| 63 | entitled to vote. |
| 64 | (g)(7) At presidential elections it permits each elector, |
| 65 | by one operation, to vote for all presidential electors of a |
| 66 | party or for all presidential electors of candidates for |
| 67 | President and Vice President with no party affiliation. |
| 68 | (h)(8) It provides a method for write-in voting. |
| 69 | (i)(9) It is capable of accumulating a count of the |
| 70 | specific number of ballots tallied for a precinct, accumulating |
| 71 | total votes by candidate for each office, and accumulating total |
| 72 | votes for and against each question and issue of the ballots |
| 73 | tallied for a precinct. |
| 74 | (j)(10) It is capable of tallying votes from ballots of |
| 75 | different political parties from the same precinct, in the case |
| 76 | of a primary election. |
| 77 | (k)(11) It is capable of automatically producing precinct |
| 78 | totals in printed, marked, or punched form, or a combination |
| 79 | thereof. |
| 80 | (l)(12) If it is of a type which registers votes |
| 81 | electronically, it will permit each voter to change his or her |
| 82 | vote for any candidate or upon any question appearing on the |
| 83 | official ballot up to the time that the voter takes the final |
| 84 | step to register his or her vote and to have the vote computed. |
| 85 | (m)(13) It is capable of providing records from which the |
| 86 | operation of the voting system may be audited. |
| 87 | (n)(14) It uses a precinct-count tabulation system. |
| 88 | (o)(15) It does not use an apparatus or device for the |
| 89 | piercing of ballots by the voter. |
| 90 | (p) It produces or requires the use of an individual |
| 91 | voter-verified paper record of the vote that shall be made |
| 92 | available for inspection and verification by the voter before |
| 93 | the vote is cast. For purposes of this subsection, examples of |
| 94 | such a record include a paper ballot prepared by the voter for |
| 95 | the purpose of being read by an optical scanner, a paper ballot |
| 96 | prepared by the voter to be mailed to an election official, |
| 97 | whether from a domestic or overseas location, a paper ballot |
| 98 | created through the use of a ballot-marking device, or a paper |
| 99 | printout of the vote produced by a touchscreen or other |
| 100 | electronic voting machine, so long as in each case the record |
| 101 | permits the voter to verify the record in accordance with this |
| 102 | subsection. |
| 103 | 1. The electronic or electromechanical voting system shall |
| 104 | provide the voter with an opportunity to correct any error made |
| 105 | by the system in the voter-verified paper record before the |
| 106 | permanent voter-verified paper record is preserved in accordance |
| 107 | with s. 101.56061. |
| 108 | 2. The electronic or electromechanical voting system shall |
| 109 | not preserve the voter-verifiable paper records in any manner |
| 110 | that makes it possible to associate a voter with the record of |
| 111 | the vote. |
| 112 | (2) The manufacturer of the electronic or |
| 113 | electromechanical voting system and the election officials using |
| 114 | such system meet the following applicable requirements: |
| 115 | (a) The manufacturer and the election officials shall |
| 116 | document the chain of custody for the handling of software used |
| 117 | in connection with the electronic or electromechanical voting |
| 118 | system. |
| 119 | (b) The manufacturer of the software used in the operation |
| 120 | of the system shall provide the Secretary of State with updated |
| 121 | information regarding the identification of each person who |
| 122 | participated in the writing of the software, including specific |
| 123 | information regarding whether the person has ever been convicted |
| 124 | of a crime involving election fraud. |
| 125 | (c) In the same manner and to the same extent described in |
| 126 | s. 101.5615(1), the manufacturer shall provide the codes used in |
| 127 | any software used in connection with the system to the Secretary |
| 128 | of State and may not alter such codes once the election |
| 129 | officials have certified the system unless such system is |
| 130 | recertified by such election officials. |
| 131 | (d) The manufacturer shall meet standards established by |
| 132 | the Secretary of State to prevent the existence or appearance of |
| 133 | any conflict of interest with respect to candidates for public |
| 134 | office and political parties, including standards to ensure that |
| 135 | the manufacturer and its officers and directors do not hold |
| 136 | positions of authority in any political party or in any partisan |
| 137 | political campaign. |
| 138 | Section 3. Section 101.56061, Florida Statutes, is created |
| 139 | to read: |
| 140 | 101.56061 Preservation of paper record of vote; manual |
| 141 | audit requirements.-- |
| 142 | (1) The permanent paper record produced in accordance with |
| 143 | s. 101.5606(16) shall be preserved: |
| 144 | (a) In the case of votes cast at the polling place on the |
| 145 | date of the election, in the manner in which all other paper |
| 146 | ballots are preserved within such polling place; |
| 147 | (b) In the case of votes cast at the polling place prior |
| 148 | to the date of the election or cast by mail, in a manner that is |
| 149 | consistent with the manner employed by the jurisdiction for |
| 150 | preserving such ballots in general; or |
| 151 | (c) In the case of votes cast other than as specified in |
| 152 | paragraph (a) or paragraph (b), in a manner that is consistent |
| 153 | with the manner employed by the jurisdiction for preserving |
| 154 | paper ballots in general. |
| 155 | (2) Each paper record produced under s. 101.5606(16) shall |
| 156 | be suitable for a manual audit equivalent to that of a paper |
| 157 | ballot voting system. |
| 158 | (3) In the event of any inconsistencies or irregularities |
| 159 | between electronic records and the individual permanent paper |
| 160 | records, the individual permanent paper record shall be the true |
| 161 | and correct record of the votes cast. |
| 162 | (4) In the case of votes cast by absent uniformed services |
| 163 | voters and overseas voters, the ballots cast by such voters |
| 164 | shall serve as the permanent paper record under s. 101.5606(16) |
| 165 | in accordance with protocols established by the Secretary of |
| 166 | State in consultation with the Secretary of Defense that |
| 167 | preserve the privacy of the voter and are consistent with the |
| 168 | requirements of the Uniformed and Overseas Citizens Absentee |
| 169 | Voting Act. |
| 170 | Section 4. Section (3) is added to section 101.5607, |
| 171 | Florida Statutes, to read: |
| 172 | 101.5607 Department of State to maintain voting system |
| 173 | information; prepare software; certify software and hardware.-- |
| 174 | (3) All software and hardware used in any electronic or |
| 175 | electromechanical voting system shall be certified by the |
| 176 | Secretary of State as meeting the requirements of s. 101.5615(1) |
| 177 | and (2). |
| 178 | Section 5. Section 101.5615, Florida Statutes, is created |
| 179 | to read: |
| 180 | 101.5615 Electronic or electromechanical voting system |
| 181 | prohibitions.-- |
| 182 | (1) An electronic or electromechanical voting system may |
| 183 | not at any time contain or use any undisclosed software. An |
| 184 | electronic or electromechanical voting system containing or |
| 185 | using software shall disclose the source code, object code, and |
| 186 | executable representation of that software to the Secretary of |
| 187 | State, and the secretary shall make that source code, object |
| 188 | code, and executable representation available for inspection |
| 189 | upon request to any person. |
| 190 | (2) An electronic or electromechanical voting system may |
| 191 | not contain, use, or be accessible by any wireless, power-line, |
| 192 | or concealed communication device. |
| 193 | (3) A component of any electronic or electromechanical |
| 194 | voting device upon which votes are cast may not be connected to |
| 195 | the Internet. |
| 196 | Section 6. Section 101.592, Florida Statutes, is created |
| 197 | to read: |
| 198 | 101.592 Mandatory random audits.-- |
| 199 | (1) The Secretary of State shall conduct random, |
| 200 | unannounced hand counts of the voter-verified records required |
| 201 | to be produced and preserved pursuant to s. 301(a)(2) of the |
| 202 | Help America Vote Act of 2002 for each general election in at |
| 203 | least 2 percent of the precincts in each county. |
| 204 | (2) The Secretary of State shall conduct an audit under |
| 205 | this section of the election results in accordance with the |
| 206 | following procedures: |
| 207 | (a) Not later than 24 hours after the county supervisor of |
| 208 | elections announces the final vote count in each precinct in the |
| 209 | county, the secretary shall determine and announce the precincts |
| 210 | in the county in which the secretary will conduct the audits. |
| 211 | (b) With respect to votes cast at the precinct or an |
| 212 | equivalent location on or before the date of the election, other |
| 213 | than provisional ballots described in paragraph (c), the |
| 214 | secretary shall count by hand the voter-verified records |
| 215 | required to be produced and preserved pursuant to s. |
| 216 | 301(a)(2)(A) of the Help America Vote Act of 2002 and compare |
| 217 | those records with the count of such votes as announced by the |
| 218 | county. |
| 219 | (c) With respect to votes cast at the precinct or an |
| 220 | equivalent location on or before the date of the election, other |
| 221 | than votes cast before the date of the election described in |
| 222 | paragraph (b) or votes cast by provisional ballot on the date of |
| 223 | the election that are certified and counted by the county on or |
| 224 | after the date of the election, including votes cast by absent |
| 225 | uniformed services voters and overseas voters under the |
| 226 | Uniformed and Overseas Citizens Absentee Voting Act, the |
| 227 | secretary shall count by hand the applicable voter-verified |
| 228 | records required to be produced and preserved under s. |
| 229 | 301(a)(2)(A) of the Help America Vote Act of 2002 and compare |
| 230 | that count with the count of such votes as announced by the |
| 231 | county. |
| 232 | (3) In the case of a county in which the final count of |
| 233 | absentee and provisional votes is not announced until after the |
| 234 | expiration of the 7-day period that begins on the date of the |
| 235 | election, the Secretary of State shall initiate the process |
| 236 | described in subsection (2) for conducting the audit not later |
| 237 | than 24 hours after the county announces the final vote count |
| 238 | for the votes cast at the precinct or equivalent location on or |
| 239 | before the date of the election and shall initiate the recount |
| 240 | of the absentee and provisional votes pursuant to paragraph |
| 241 | (2)(c) not later than 24 hours after the county announces the |
| 242 | final count of such votes. |
| 243 | (4) Each county and jurisdiction in which an audit is |
| 244 | conducted under this section shall provide the Secretary of |
| 245 | State with the information and materials requested by the |
| 246 | Secretary of State to enable the secretary to carry out the |
| 247 | audit. |
| 248 | (5) The selection of the precincts in a county to be |
| 249 | subject to hand counts under this section shall be made by the |
| 250 | Secretary of State on an entirely random basis using a uniform |
| 251 | distribution in which all precincts in a county have an equal |
| 252 | chance of being selected, in accordance with such procedures as |
| 253 | the secretary determines appropriate, except that: |
| 254 | (a) At least one precinct shall be selected in each county |
| 255 | or an equivalent jurisdiction. |
| 256 | (b) The Secretary of State shall publish the procedures |
| 257 | for conducting hand counts in the Florida Administrative Weekly |
| 258 | prior to the selection of the precincts. |
| 259 | (6) As soon as practicable after the completion of an |
| 260 | audit conducted under this section, the Secretary of State shall |
| 261 | announce and publish the results of the audit and shall include |
| 262 | in the announcement a comparison of the results of the election |
| 263 | in the precinct as determined by the secretary under the audit |
| 264 | and the final vote count in the precinct as announced by the |
| 265 | county, broken down by the categories of votes described in |
| 266 | paragraphs (2)(b) and (c). |
| 267 | (7) A county may not certify the results of an election |
| 268 | that is subject to an audit under this section prior to the |
| 269 | completion of the audit or announce and publish of the results |
| 270 | of the audit conducted under subsection (6) except to the extent |
| 271 | necessary to enable the state to provide for the final |
| 272 | determination of any controversy or contest concerning the |
| 273 | appointment of its presidential electors prior to the deadline |
| 274 | described in U.S.C. Title III, s. 6. |
| 275 | (8) If the Secretary of State finds that any of the hand |
| 276 | counts conducted under this section show cause for concern about |
| 277 | the accuracy of the results of an election in a county or in a |
| 278 | jurisdiction within the county, the secretary may conduct hand |
| 279 | counts under this section at such additional precincts or |
| 280 | equivalent locations within the county or jurisdiction as the |
| 281 | secretary considers appropriate to resolve any concerns and |
| 282 | ensure the accuracy of the results. |
| 283 | Section 7. Subsection (6) is added to section 101.715, |
| 284 | Florida Statutes, to read: |
| 285 | 101.715 Accessibility of polling places for people having |
| 286 | a disability.-- |
| 287 | (6) The Secretary of State shall ensure that all election |
| 288 | officials are instructed on the right of any person who requires |
| 289 | assistance to vote by reason of blindness, a disability, or the |
| 290 | inability to read or write to be given assistance and to choose |
| 291 | the person to give such assistance under s. 208 of the federal |
| 292 | Voting Rights Act of 1965. |
| 293 | Section 8. This act shall take effect July 1, 2007. |