Florida Senate - 2021                                    SB 1698
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01084-21                                           20211698__
    1                        A bill to be entitled                      
    2         An act relating to preservation of ballots and digital
    3         images of ballots; amending s. 102.166, F.S.;
    4         requiring each supervisor of elections to preserve
    5         certain ballots and digital images of ballots for a
    6         specified period following an election subject to a
    7         manual recount; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (1) of section 102.166, Florida
   12  Statutes, is amended to read:
   13         102.166 Manual recounts of overvotes and undervotes.—
   14         (1) If the second set of unofficial returns pursuant to s.
   15  102.141 indicates that a candidate for any office was defeated
   16  or eliminated by one-quarter of a percent or less of the votes
   17  cast for such office, that a candidate for retention to a
   18  judicial office was retained or not retained by one-quarter of a
   19  percent or less of the votes cast on the question of retention,
   20  or that a measure appearing on the ballot was approved or
   21  rejected by one-quarter of a percent or less of the votes cast
   22  on such measure, a manual recount of the overvotes and
   23  undervotes cast in the entire geographic jurisdiction of such
   24  office or ballot measure shall be ordered unless:
   25         (a) The candidate or candidates defeated or eliminated from
   26  contention by one-quarter of 1 percent or fewer of the votes
   27  cast for such office request in writing that a recount not be
   28  made; or
   29         (b) The number of overvotes and undervotes is fewer than
   30  the number of votes needed to change the outcome of the
   31  election.
   32  
   33  The Secretary of State is responsible for ordering a manual
   34  recount for federal, state, and multicounty races. The county
   35  canvassing board or local board responsible for certifying the
   36  election is responsible for ordering a manual recount for all
   37  other races. A manual recount consists of a recount of marksense
   38  ballots or of digital images of those ballots by a person. Each
   39  supervisor of elections shall require the preservation of all
   40  marksense ballots and digital images of those ballots for a
   41  period of at least 22 months after an election.
   42         Section 2. This act shall take effect July 1, 2021.