Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 964
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Community Affairs (Baxley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (6) through (45) of section
    6  97.021, Florida Statutes, are renumbered as subsections (7)
    7  through (46), respectively, a new subsection (5) is added to
    8  that section, and paragraph (a) of present subsection (5) of
    9  that section is amended, to read:
   10         97.021 Definitions.—For the purposes of this code, except
   11  where the context clearly indicates otherwise, the term:
   12         (5) “Automatic tabulating equipment” means an apparatus
   13  that automatically examines, counts, and records votes.
   14         (6)(5) “Ballot” or “official ballot” when used in reference
   15  to:
   16         (a) “Marksense ballots” means that printed sheet of paper,
   17  used in conjunction with an electronic or electromechanical vote
   18  tabulation voting system, containing the names of candidates, or
   19  a statement of proposed constitutional amendments or other
   20  questions or propositions submitted to the electorate at any
   21  election, or the selections made by the elector of candidates or
   22  other questions or propositions at an election, on which sheet
   23  of paper an elector casts his or her vote either directly on a
   24  sheet of paper or indirectly through the use of a voter
   25  interface device used to designate the elector’s ballot
   26  selections on the sheet of paper.
   27         Section 2. Subsection (10) is added to section 101.151,
   28  Florida Statutes, to read:
   29         101.151 Specifications for ballots.—
   30         (10) With respect to any voting system that uses a voter
   31  interface device to designate the elector’s ballot selections on
   32  a sheet of paper, the provisions of this section, s. 101.161,
   33  and ss. 101.2512-101.254 that prescribe the ballot layout apply
   34  only to the display of candidates and issues on the voter
   35  interface device.
   36         Section 3. Subsection (5) of section 101.5603, Florida
   37  Statutes, is amended to read:
   38         101.5603 Definitions relating to Electronic Voting Systems
   39  Act.—As used in this act, the term:
   40         (5) “Marking device” means any approved device for marking
   41  a ballot with ink or other substance, including through a voter
   42  interface device, which will enable the ballot to be tabulated
   43  by means of automatic tabulating equipment.
   44         Section 4. Subsection (1) of section 101.56075, Florida
   45  Statutes, is amended to read:
   46         101.56075 Voting methods.—
   47         (1) Except as provided in subsection (2), all voting shall
   48  be by marksense ballot using utilizing a marking device for the
   49  purpose of designating ballot selections.
   50         Section 5. Paragraph (a) of subsection (5) and subsections
   51  (7) and (8) of section 101.5614, Florida Statutes, are amended
   52  to read:
   53         101.5614 Canvass of returns.—
   54         (5)(a) If any vote-by-mail ballot is physically damaged so
   55  that it cannot properly be counted by the voting system’s
   56  automatic tabulating equipment, a true duplicate copy shall be
   57  made of the damaged ballot in the presence of witnesses and
   58  substituted for the damaged ballot. Likewise, a duplicate ballot
   59  shall be made of a vote-by-mail ballot containing an overvoted
   60  race or a marked vote-by-mail ballot in which every race is
   61  undervoted which shall include all valid votes as determined by
   62  the canvassing board based on rules adopted by the division
   63  pursuant to s. 102.166(4). All duplicate ballots shall be
   64  clearly labeled “duplicate,” bear a serial number which shall be
   65  recorded on the defective ballot, and be counted in lieu of the
   66  defective ballot. After a ballot has been duplicated, the
   67  defective ballot shall be placed in an envelope provided for
   68  that purpose, and the duplicate ballot shall be tallied with the
   69  other ballots for that precinct.
   70         (7) Vote-by-mail ballots may be counted by the voting
   71  system’s automatic tabulating equipment if they have been marked
   72  in a manner which will enable them to be properly counted by
   73  such equipment.
   74         (8) The return printed by the voting system’s automatic
   75  tabulating equipment, to which has been added the return of
   76  write-in, vote-by-mail, and manually counted votes and votes
   77  from provisional ballots, shall constitute the official return
   78  of the election upon certification by the canvassing board. Upon
   79  completion of the count, the returns shall be open to the
   80  public. A copy of the returns may be posted at the central
   81  counting place or at the office of the supervisor of elections
   82  in lieu of the posting of returns at individual precincts.
   83         Section 6. Paragraph (a) of subsection (7) of section
   84  102.141, Florida Statutes, is amended to read:
   85         102.141 County canvassing board; duties.—
   86         (7) If the unofficial returns reflect that a candidate for
   87  any office was defeated or eliminated by one-half of a percent
   88  or less of the votes cast for such office, that a candidate for
   89  retention to a judicial office was retained or not retained by
   90  one-half of a percent or less of the votes cast on the question
   91  of retention, or that a measure appearing on the ballot was
   92  approved or rejected by one-half of a percent or less of the
   93  votes cast on such measure, a recount shall be ordered of the
   94  votes cast with respect to such office or measure. The Secretary
   95  of State is responsible for ordering recounts in federal, state,
   96  and multicounty races. The county canvassing board or the local
   97  board responsible for certifying the election is responsible for
   98  ordering recounts in all other races. A recount need not be
   99  ordered with respect to the returns for any office, however, if
  100  the candidate or candidates defeated or eliminated from
  101  contention for such office by one-half of a percent or less of
  102  the votes cast for such office request in writing that a recount
  103  not be made.
  104         (a) Each canvassing board responsible for conducting a
  105  recount shall put each marksense ballot through automatic
  106  tabulating equipment and determine whether the returns correctly
  107  reflect the votes cast. If any marksense ballot is physically
  108  damaged so that it cannot be properly counted by the automatic
  109  tabulating equipment during the recount, a true duplicate shall
  110  be made of the damaged ballot pursuant to the procedures in s.
  111  101.5614(5). Immediately before the start of the recount, a test
  112  of the tabulating equipment shall be conducted as provided in s.
  113  101.5612. If the test indicates no error, the recount tabulation
  114  of the ballots cast shall be presumed correct and such votes
  115  shall be canvassed accordingly. If an error is detected, the
  116  cause therefor shall be ascertained and corrected and the
  117  recount repeated, as necessary. The canvassing board shall
  118  immediately report the error, along with the cause of the error
  119  and the corrective measures being taken, to the Department of
  120  State. No later than 11 days after the election, the canvassing
  121  board shall file a separate incident report with the Department
  122  of State, detailing the resolution of the matter and identifying
  123  any measures that will avoid a future recurrence of the error.
  124  If the automatic tabulating equipment used in a recount is not
  125  part of the voting system and the ballots have already been
  126  processed through such equipment, the canvassing board is not
  127  required to put each ballot through any automatic tabulating
  128  equipment again.
  129         Section 7. Subsections (1) and (2) and paragraph (d) of
  130  subsection (5) of section 102.166, Florida Statutes, are amended
  131  to read:
  132         102.166 Manual recounts of overvotes and undervotes.—
  133         (1) If the second set of unofficial returns pursuant to s.
  134  102.141 indicates that a candidate for any office was defeated
  135  or eliminated by one-quarter of a percent or less of the votes
  136  cast for such office, that a candidate for retention to a
  137  judicial office was retained or not retained by one-quarter of a
  138  percent or less of the votes cast on the question of retention,
  139  or that a measure appearing on the ballot was approved or
  140  rejected by one-quarter of a percent or less of the votes cast
  141  on such measure, a manual recount of the overvotes and
  142  undervotes cast in the entire geographic jurisdiction of such
  143  office or ballot measure shall be ordered unless:
  144         (a) The candidate or candidates defeated or eliminated from
  145  contention by one-quarter of 1 percent or fewer of the votes
  146  cast for such office request in writing that a recount not be
  147  made; or
  148         (b) The number of overvotes and undervotes is fewer than
  149  the number of votes needed to change the outcome of the
  150  election.
  152  The Secretary of State is responsible for ordering a manual
  153  recount for federal, state, and multicounty races. The county
  154  canvassing board or local board responsible for certifying the
  155  election is responsible for ordering a manual recount for all
  156  other races. A manual recount consists of a recount of marksense
  157  ballots or of digital images of those ballots by a person.
  158         (2)(a) Any hardware or software used to identify and sort
  159  overvotes and undervotes for a given race or ballot measure must
  160  be certified by the Department of State as part of the voting
  161  system pursuant to s. 101.015. Any such hardware or software
  162  must be capable of simultaneously counting votes.
  163         (b) Overvotes and undervotes shall be identified and sorted
  164  while recounting ballots pursuant to s. 102.141, if the hardware
  165  or software for this purpose has been certified or the
  166  department’s rules so provide. Overvotes and undervotes may be
  167  identified and sorted physically or digitally.
  168         (5) Procedures for a manual recount are as follows:
  169         (d) The Department of State shall adopt detailed rules
  170  prescribing additional recount procedures for each certified
  171  voting system which shall be uniform to the extent practicable.
  172  The rules shall address, at a minimum, the following areas:
  173         1. Security of ballots during the recount process;
  174         2. Time and place of recounts;
  175         3. Public observance of recounts;
  176         4. Objections to ballot determinations;
  177         5. Record of recount proceedings; and
  178         6. Procedures relating to candidate and petitioner
  179  representatives; and
  180         7. Procedures relating to the certification and the use of
  181  automatic tabulating equipment that is not part of a voting
  182  system.
  183         Section 8. This act shall take effect on January 1, 2019.
  185  ================= T I T L E  A M E N D M E N T ================
  186  And the title is amended as follows:
  187         Delete everything before the enacting clause
  188  and insert:
  189                        A bill to be entitled                      
  190         An act relating to voting systems; amending s. 97.021,
  191         F.S.; defining the term “automatic tabulating
  192         equipment” for purposes of the Florida Election Code;
  193         revising the definition of the term “marksense
  194         ballots” for purposes of the Florida Election Code;
  195         amending s. 101.151, F.S.; providing applicability of
  196         specified ballot requirements to a voter interface
  197         device; amending ss. 101.5603 and 101.56075, F.S.;
  198         conforming provisions to changes made by the act;
  199         amending s. 101.5614, F.S.; revising procedures
  200         governing the canvassing of returns to specify usage
  201         of a voting system’s automatic tabulating equipment;
  202         amending s. 102.141, F.S.; providing that ballots
  203         processed through automatic tabulating equipment in a
  204         recount do not need to be reprocessed in certain
  205         circumstances; amending s. 102.166, F.S.; specifying
  206         the manner by which a manual recount may be conducted;
  207         revising requirements for hardware or software used in
  208         a manual recount; authorizing overvotes and undervotes
  209         to be identified and sorted physically or digitally in
  210         a manual recount; revising minimum requirements for
  211         Department of State rules to require procedures
  212         regarding the certification and use of automatic
  213         tabulating equipment for manual recounts; providing an
  214         effective date.