November 18, 2019
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Senate Bill 0962

Senate Bill sb0962c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                            CS for SB 962

    By the Committee on Ethics and Elections; and Senators
    Constantine and Justice




    582-2513-07

  1                      A bill to be entitled

  2         An act relating to voting systems; amending s.

  3         101.151, F.S.; authorizing the use of

  4         ballot-on-demand technology to produce certain

  5         marksense ballots; creating s. 101.56075, F.S.;

  6         requiring all voting to be by marksense ballot;

  7         providing an exemption for voters with

  8         disabilities; amending s. 101.5612, F.S.;

  9         requiring the use of certain marksense ballots

10         for pre-election testing; amending s. 101.591,

11         F.S.; requiring post-election, random audits of

12         voting systems; providing general audit

13         procedures; mandating that audit results be

14         reported to the Department of State;

15         prescribing requirements for audit reports;

16         granting rulemaking authority to the department

17         to adopt detailed, uniform audit procedures and

18         a standard audit reporting form; providing

19         procedures for the purchase of new voting

20         systems and ballot equipment and the

21         disposition of existing touchscreen voting

22         systems for certain counties; authorizing the

23         Department of State to purchase optical scan

24         voting equipment and ballot-on-demand equipment

25         for certain counties; appropriating funds for

26         such purpose; providing effective dates.

27  

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

29  

30         Section 1.  Effective July 1, 2008, subsection (1) of

31  section 101.151, Florida Statutes, is amended to read:

                                  1

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    Florida Senate - 2007                            CS for SB 962
    582-2513-07




 1         101.151  Specifications for ballots.--

 2         (1)(a)  Marksense ballots shall be printed on paper of

 3  such thickness that the printing cannot be distinguished from

 4  the back and shall meet the specifications of the voting

 5  system that will be used to tabulate the ballots.

 6         (b)  Early voting sites may employ a ballot-on-demand

 7  production system to print individual marksense ballots,

 8  including provisional ballots, for eligible electors pursuant

 9  to s. 101.657. Ballot-on-demand technology may be used to

10  produce marksense absentee ballots. Not later than 30 days

11  before an election, the Secretary of State may also authorize

12  in writing the use of ballot-on-demand technology for the

13  production of election-day ballots.

14         Section 2.  Effective July 1, 2008, section 101.56075,

15  Florida Statutes, is created to read:

16         101.56075  Voting methods.--

17         (1)  Except as provided in subsection (2), all voting

18  shall be by marksense ballot utilizing a marking device for

19  the purpose of designating ballot selections.

20         (2)  Persons with disabilities may vote on a voter

21  interface device that meets the voting system accessibility

22  requirements for individuals with disabilities pursuant to

23  section 301 of the federal Help America Vote Act of 2002 and

24  s. 101.56062.

25         Section 3.  Effective July 1, 2008, subsection (5) is

26  added to section 101.5612, Florida Statutes, to read:

27         101.5612  Testing of tabulating equipment.--

28         (5)  Any tests involving marksense ballots pursuant to

29  this section shall employ pre-printed ballots, if pre-printed

30  ballots will be used in the election, and ballot-on-demand

31  

                                  2

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    Florida Senate - 2007                            CS for SB 962
    582-2513-07




 1  ballots, if ballot-on-demand technology will be used to

 2  produce ballots in the election, or both.

 3         Section 4.  Effective July 1, 2008, section 101.591,

 4  Florida Statutes, is amended to read:

 5         (Substantial rewording of section. See

 6         s. 101.591, F.S., for present text.)

 7         101.591  Voting system audit.--

 8         (1)  Immediately following the certification of each

 9  election, the county canvassing board or the local board

10  responsible for certifying the election shall conduct a manual

11  audit of the voting systems used in randomly selected

12  precincts.

13         (2)  The audit shall consist of a public manual tally

14  of the votes cast in the "President and Vice President" or

15  "Governor and Lieutenant Governor" race that appears at the

16  top of the ballot or, if neither appears, the first race

17  appearing on the ballot pursuant to s. 101.151(2), or, in the

18  case of a purely municipal election, the first municipal race

19  or issue on that ballot. The tally shall include election-day,

20  absentee, early voting, provisional, and overseas ballots, in

21  at least 1 percent but no more than 2 percent of the precincts

22  chosen at random by the county canvassing board or the local

23  board responsible for certifying the election. If 1 percent of

24  the precincts is less than one entire precinct, the audit

25  shall be conducted using at least one precinct chosen at

26  random by the county canvassing board or the local board

27  responsible for certifying the election. Such precincts shall

28  be selected at a publicly-noticed canvassing board meeting.

29         (3)  The canvassing board shall post a notice of the

30  audit, including the date, time, and place, in four

31  

                                  3

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    Florida Senate - 2007                            CS for SB 962
    582-2513-07




 1  conspicuous places in the county and on the home page of the

 2  county supervisor of elections web site.

 3         (4)  The audit must be completed and the results made

 4  public no later than 11:59 p.m. on the 9th day following

 5  certification of the election by the county canvassing board

 6  or the local board responsible for certifying the election.

 7         (5)  Within 15 days after completion of the audit, the

 8  county canvassing board or the board responsible for

 9  certifying the election shall provide a report with the

10  results of the audit to the Department of State in a standard

11  format as prescribed by the department. The report shall

12  contain, but is not limited to, the following items:

13         (a)  The overall accuracy of audit.

14         (b)  A description of any problems or discrepancies

15  encountered.

16         (c)  The likely cause of such problems or

17  discrepancies.

18         (d)  Recommended corrective action with respect to

19  avoiding or mitigating such circumstances in future elections.

20         Section 5.  The Department of State shall adopt rules

21  to implement the provisions of s. 101.591, Florida Statutes,

22  as amended by section 4 which prescribe detailed audit

23  procedures for each voting system, which shall be uniform to

24  the extent practicable, along with the standard form for audit

25  reports.

26         Section 6.  (1)  Notwithstanding ss. 101.292-101.295

27  and s. 101.5604, Florida Statutes, as a condition of the state

28  purchasing optical scan voting equipment and ballot-on-demand

29  equipment to replace touchscreen equipment as provided in

30  section 7, each recipient county hereby authorizes the

31  Secretary of State to act as its agent to negotiate the

                                  4

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    Florida Senate - 2007                            CS for SB 962
    582-2513-07




 1  purchase of new equipment and the sale, exchange, or other

 2  disposition of existing touchscreen voting equipment that is

 3  not necessary to conduct voting for individuals with

 4  disabilities. Further, each such county hereby designates the

 5  Secretary of State as the authorized recipient of all proceeds

 6  realized from the sale, exchange, or other disposition of the

 7  voting equipment up to and including the state's cost to fund

 8  the county's new equipment. The secretary shall deposit the

 9  proceeds in the Grants and Donations Trust Fund within 60 days

10  after the sale, exchange, or other disposition.

11         (2)  A county commission may choose to opt out of this

12  state funding scheme by filing a notice to that effect with

13  the Department of State no later than June 30, 2007. Any

14  county choosing to opt out shall continue to be governed by

15  the provisions of ss. 101.292-101.295 and s. 101.5604, Florida

16  Statutes, with respect to the purchase of new voting systems

17  and equipment.

18         Section 7.  Effective July 1, 2007:

19         (1)  The Department of State is authorized to purchase:

20         (a)  Election-day optical scan voting equipment, for

21  the following counties:  Broward, Charlotte, Collier,

22  Hillsborough, Indian River, Lake, Lee, Martin, Miami-Dade,

23  Nassau, Palm Beach, Pasco, Pinellas, Sarasota, and Sumter.

24         (b)  Ballot-on-demand equipment for use at early voting

25  sites, including optical scan tabulators, for the following

26  counties:  Bay, Brevard, Broward, Charlotte, Clay, Collier,

27  Escambia, Hillsborough, Indian River, Jackson, Lake, Lee,

28  Levy, Marion, Martin, Miami-Dade, Nassau, Okaloosa, Orange,

29  Osceola, Palm Beach, Pasco, Pinellas, Santa Rosa, Sarasota,

30  St. Johns, Sumter, Taylor, and Washington.

31  

                                  5

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    Florida Senate - 2007                            CS for SB 962
    582-2513-07




 1         (2)  The sum of $27,861,850 is appropriated from the

 2  Grants and Donations Trust Fund to the Division of Elections

 3  within the Department of State for the purpose of implementing

 4  this section.

 5         Section 8.  Except as otherwise expressly provided in

 6  this act, this act shall take effect upon becoming a law.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                         Senate Bill 962

10                                 

11  The committee substitute substantially differs from the
    original bill in that it:  requires precinct-based optical
12  scan voting for all voters on election-day and at early
    voting, except for disabled voters who may continue to vote on
13  existing touchscreen machines; authorizes the use of
    ballot-on-demand ballot production technology for absentee and
14  early voting, and allows its use on election-day if the
    Secretary of State so authorizes; replaces an unused audit
15  provision in Florida Statutes with a post-election,
    post-certification requirement that local canvassing boards
16  audit the top race on the ballot in at least 1% but not more
    than 2% of the precincts; appropriates approximately $27.9
17  million to the Department of State to purchase new voting
    equipment for the counties, and provides for the Secretary of
18  State shall act as the buying and selling agent for the
    counties; provides various effective dates, all leading to
19  implementation of the act for the fall 2008 primary election.

20  

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