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F.S. 2012 VOTING METHODS AND PROCEDURE Ch. 101
<br /> when there is only one candidate of any political party purchase of such equipment to the extent that the
<br /> qualified for an office, the name of the candidate shall potential benefits derived from competitive sealed bids
<br /> not be printed on the primary election ballot, and such or competitive sealed proposals are outweighed by the
<br /> r.w candidate shall be declared nominated for the office. detrimental effects of a delay in the acquisition of such
<br /> (2) Any candidate for party executive committee equipment; or
<br /> member who has qualified as prescribed by law is (b) If a majority of the governing body finds that there
<br /> entitled to have his or her name printed on the primary is but a single source from which suitable equipment
<br /> election ballot. However, when there is only one may be obtained.
<br /> candidate of any political party qualified for such an
<br /> office,the name of the candidate shall not be printed on If such conditions are found to exist, the chair of the
<br /> the primary election ballot, and such candidate shall be governing body shall certify to the Division of Elections
<br /> declared elected to the state or county executive the situation and conditions requiring an exception to
<br /> committee. the competitive sealed bidding and competitive sealed
<br /> History.-s.27,ch.sass,1913;RGS 331;CGL 388;s.3,ch.26870,1951;s.1, proposal requirements of this section. Such certification
<br /> 15,ch .2005 286,65-378;s.16,ch.77-175;s.21,ch.89-338;s.561,ch.95-147;S. shall be maintained on file by the division.
<br /> Note.-Former ss.102.34,99.041. (2) The Division of Elections of the Department of
<br /> State shall establish bidding procedures for carrying out
<br /> 101.254 When nominated names to appear in the provisions and the intent of ss. 101.292-101.295,
<br /> groups or districts.-When an office requires the and each governing body shall follow the procedures so
<br /> nomination of more than one candidate, as many established.
<br /> groups or districts shall be numerically designated as History.-s.2,ch.72-303;s.18,ch.73-156;s.38,ch.73-333;s.16,ch.77-175;
<br /> there are vacancies to be filled by nomination. Each s.5,ch.84-302;s.6,ch.89-348;S.1,ch.90-268;s.566,ch.95-147.
<br /> candidate shall indicate on his or her qualifying papers
<br /> the group or district in which the candidate desires his or 101.294 Purchase and sale of voting equipment.
<br /> her name to appear on the ballot. In addition, any (1) The Division of Elections of the Department of
<br /> candidate qualifying by the petition method must State shall adopt uniform rules for the purchase, use,
<br /> indicate on his or her petition prior to circulating such and sale of voting equipment in the state. No governing
<br /> petition, which group or district for which the candidate body shall purchase or cause to be purchased any
<br /> is attempting to qualify. voting equipment unless such equipment has been
<br /> History.-s.52,ch.6469,1913;s.8,ch.6874,1915;RGS 356;CGL 413;s.3, certified for use in this state by the Department of State.
<br /> 95-14770,1951;s.6,ch.65-378;s.16,ch.77-175;s.23,ch.89-338;s.563,ch. (2) Any governing body contemplating the purchase
<br /> Note.-Former ss.102.49,99.051. or sale of voting equipment shall notify the Division of
<br /> `�"' Elections of such considerations. The division shall
<br /> 101.292 Definitions; ss. 101.292-101.295.-As attempt to coordinate the sale of excess or outmoded
<br /> used in ss. 101.292-101.295, the following terms shall equipment by one county with purchases of necessary
<br /> have the following meanings: equipment by other counties.
<br /> (1) "Governing body" means the board of county (3) The division shall inform the governing bodies of
<br /> commissioners of a county or any other governing body the various counties of the state of the availability of new
<br /> empowered by general or special act or local ordinance or used voting equipment and of sources available for
<br /> to purchase or sell voting equipment. obtaining such equipment.
<br /> (2) "Voting equipment" means electronic or electro- (4) A vendor of voting equipment may not provide an
<br /> mechanical voting systems, voting devices, and auto- uncertified voting system, voting system component, or
<br /> matic tabulating equipment as defined in s. 101.5603, voting system upgrade to a local governing body or
<br /> as well as materials, parts, or other equipment neces- supervisor of elections in this state.
<br /> sary for the operation and maintenance of such systems (5) Before or in conjunction with providing a voting
<br /> and devices, the individual or combined retail value of system, voting system component, or voting system
<br /> which is in excess of the threshold amount for CATE- upgrade, the vendor shall provide the local governing
<br /> GORY TWO purchases provided in s. 287.017. body or supervisor of elections with a sworn certification
<br /> (3) "Purchase" means a contract for the purchase, that the voting system, voting system component, or
<br /> lease, rental, or other acquisition of voting equipment. voting system upgrade being provided has been
<br /> History.-s.2,ch.72-303;s.17,ch.73-156;s.16,ch.77-175;s.4,ch.84-302; certified by the Division of Elections.
<br /> s.5,ch.89-348;s.32,ch.90-268;s.10,ch.2001-40.
<br /> History.-s.2,ch.72-303;s.19,ch.73-156;s.17,ch.77-175;s.6,ch.84.302;
<br /> s.31,ch.2005-277.
<br /> 101.293 Competitive sealed bids and proposals
<br /> required.- 101.295 Penalties for violation.-
<br /> (1) Any purchase of voting equipment,the individual (1) Any member of a governing body which pur-
<br /> or combined retail value of which is in excess of the chases or sells voting equipment in violation of the
<br /> threshold amount for CATEGORY TWO purchases provisions of ss. 101.292-101.295, which member
<br /> provided in s. 287.017, by a governing body shall be knowingly votes to purchase or sell voting equipment
<br /> by means of competitive sealed bids or competitive in violation of the provisions of ss. 101.292-101.295, is
<br /> sealed proposals from at least two bidders, except guilty of a misdemeanor of the first degree, punishable
<br /> under the following conditions: as provided by s. 775.082 or s. 775.083, and shall be
<br /> (a) If a majority of the governing body agrees by vote subject to suspension from office on the grounds of
<br /> that an emergency situation exists in regard to the malfeasance.
<br /> 53 93.6. 1.
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