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I <br />WAY 1989 <br />BOOK 76 r,�ij,i: 76 d <br />1dProposed: Section 119.07(3)(r) applies to all software on file with the <br />Department of State. <br />Objection: None. <br />2aProposed: The•department of State may develop software for use with an <br />electronic or electromechanical voting system. <br />Objection: It will be interesting to hear the vendors' reactions when <br />they learn that they must submit copies of their software, the programs, <br />operating manuals, tabulating cards, printouts, etc. in order to get <br />their systems certified by the Department of State, only to find out that <br />the Department of State may develop software for use with an electronic <br />or electromechanical system and go into competition with the vendors. <br />NO MENTION IS MADE OF THE FISCAL IMPACT ON LOCAL GOVERNMENTS. <br />8.Section 14, HB 1529 & CS for SB 499 <br />In Section 14, there are numerous and far reaching new parts of 102.166, <br />Florida Statutes regarding manual recounts. <br />4aProposed: Any candidate whose name appeared on the ballot, any political <br />committee that'supports or opposes an issue which appeared on the ballot, <br />or any political party whose candidates' names appeared on the ballot may <br />file a written request with the county canvassing board for a manual <br />recount. <br />Objection: It would be reasonable to suppose that every losing candidate, <br />political committee, and political party would file a request for a <br />manual recount when no reason whatsoever is required and the cost is <br />paid by the local governments. There are provisions currently in this <br />statute allowing protests to be filed if error or fraud is alleged, and <br />there is no need to make wholesale changes that are so broad. <br />4bProposed: Such request must be filed with the canvassing board prior <br />to the time the canvassing board adjourns or within 5 days after mid- <br />night of the date the election was held, whichever occurs later. <br />Objection: The meaning of the entire sentence is confusing because <br />of the phrase, "whichever occurs later." However, it appears that the <br />intent is to have the canvassing board be ready to accept requests for <br />manual recounts for the five days after the election. Does this mean <br />that vote tabulations are not official for five days? <br />4cProposed: The county canvassing board may authorize a manual recount. <br />Objection: What criteria are supposed to be used by the canvassing <br />board in order for it to make a decision that is on firm legal ground? <br />I doubt if the members of the canvassing board --the judge, the county <br />commissioner, or the supervisor of elections --will accept such sweeping <br />authority with no basis whatsoever. <br />4dProposed: The manual recount must include at least three precincts and <br />at least 1 percent of the total votes cast for such candidate or issue. <br />Objection: In elections with many candidates for one office, the losers <br />could get together and each could choose three different precincts to <br />be manually recounted, so that in a municipality it would be necessary <br />to manually recount all precincts. It is a time consuming process that <br />is expensive, and it would postpone knowing the official final returns <br />until the recounts wete completed. It would be a serious interference <br />in mailing absentee ballots and in preparing for the next election if <br />the recounts were requested after the first primary or the second <br />primary. If a statewide candidate requested a manual recount, all 67 <br />counties would be affected. <br />THERE IS NO MENTION OF THE FISCAL IMPACT ON LOCAL GOVERNMENTS. <br />9. Section 15, HB 1529 & CS for SB 499 <br />Proposed: There is created a Bureau of Voting Systems Certification <br />within the Division of Elections of the Department of State which shall <br />provide technical support to the supervisors of elections and which <br />is responsible for voting system standards and certification. Sixteen <br />40 <br />