Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. CS for SB 268
Ì344688\Î344688
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/07/2019 .
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The Committee on Community Affairs (Baxley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (41) of section 97.021, Florida
6 Statutes, is amended to read:
7 97.021 Definitions.—For the purposes of this code, except
8 where the context clearly indicates otherwise, the term:
9 (41) “Voter interface device” means any device that
10 communicates voting instructions and ballot information to a
11 voter and allows the voter to select and vote for candidates and
12 issues. A voter interface device may not be used to tabulate
13 votes. Any vote tabulation must be based upon a subsequent scan
14 of the marked marksense ballot or the voter-verifiable paper
15 output after the voter interface device process has been
16 completed.
17 Section 2. Section 101.56075, Florida Statutes, is amended
18 to read:
19 101.56075 Voting methods.—For the purpose of designating
20 ballot selections,
21 (1) Except as provided in subsection (2), all voting must
22 shall be by marksense ballot, using utilizing a marking device
23 or a voter interface device that produces a voter-verifiable
24 paper output and for the purpose of designating ballot
25 selections.
26 (2) Persons with disabilities may vote on a voter interface
27 device that meets the voting system accessibility requirements
28 for individuals with disabilities pursuant to s. 301 of the
29 federal Help America Vote Act of 2002 and s. 101.56062.
30 (3) By 2020, persons with disabilities shall vote on a
31 voter interface device that meets the voter accessibility
32 requirements for individuals with disabilities under s. 301 of
33 the federal Help America Vote Act of 2002 and s. 101.56062 which
34 are consistent with subsection (1) of this section.
35 Section 3. Paragraph (b) of subsection (4) of section
36 102.166, Florida Statutes, is amended to read:
37 102.166 Manual recounts of overvotes and undervotes.—
38 (4)
39 (b) The Department of State shall adopt specific rules for
40 the federal write-in absentee ballot and for each certified
41 voting system prescribing what constitutes a “clear indication
42 on the ballot that the voter has made a definite choice.” The
43 rules shall be consistent, to the extent practicable, and may
44 not:
45 1. Authorize the use of any electronic or electromechanical
46 reading device to review a hybrid voting system ballot that is
47 produced using a voter interface device and that contains both
48 machine-readable fields and machine-printed text of the contest
49 titles and voter selections, unless the printed text is
50 illegible;
51 2. Exclusively provide that the voter must properly mark or
52 designate his or her choice on the ballot; or
53 3.2. Contain a catch-all provision that fails to identify
54 specific standards, such as “any other mark or indication
55 clearly indicating that the voter has made a definite choice.”
56 Section 4. This act shall take effect January 1, 2020.
57
58 ================= T I T L E A M E N D M E N T ================
59 And the title is amended as follows:
60 Delete everything before the enacting clause
61 and insert:
62 A bill to be entitled
63 An act relating to voting methods; amending s. 97.021,
64 F.S.; revising the definition of the term “voter
65 interface device”; amending s. 101.56075, F.S.;
66 authorizing voting to be conducted using a voter
67 interface device that produces a voter-verifiable
68 paper output; amending s. 102.166, F.S.; revising
69 requirements for Department of State rules regarding
70 manual recounts of certain ballots; providing an
71 effective date.