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F.S. 2012 VOTING METHODS AND PROCEDURE Ch. 101
<br /> 101.5601 Short title.—Sections 101.5601- 101.56042 Punch card type systems prohibited.
<br /> 101.5614 may be cited as the "Electronic Voting Effective September 2, 2002, a voting system that uses
<br /> Systems Act." an apparatus or device for the piercing of ballots by the
<br /> History.—s.1,ch.73-156;s.9,ch.2002-17. voter may not be used in this state.
<br /> History. s.17,ch.2001-40.
<br /> 101.5602 Purpose.—The purpose of this act is to
<br /> authorize the use of electronic and electromechanical 101.5605 Examination and approval of equip-
<br /> voting systems in which votes are registered electro- ment.—
<br /> nically or are tabulated on automatic tabulating equip- (1) The Department of State shall publicly examine
<br /> ment or data processing equipment. all makes of electronic or electromechanical voting
<br /> History.—s.2,ch.73-156;s.21,ch.77-175;s.7,ch.84-302. systems submitted to it and determine whether the
<br /> systems comply with the requirements of s. 101.5606.
<br /> 101.5603 Definitions relating to Electronic Vot- (2)(a) Any person owning or interested in an electro-
<br /> ing Systems Act.—As used in this act, the term: nic or electromechanical voting system may submit it to
<br /> (1) "Automatic tabulating equipment"includes appa- the Department of State for examination. The vote
<br /> ratus necessary to automatically examine, count, and counting segment shall be certified after a satisfactory
<br /> record votes. evaluation testing has been performed according to the
<br /> (2) "Ballot" means the card, tape, or other vehicle standards adopted under s. 101.015(1). This testing
<br /> upon which the elector's choices are recorded. shall include, but is not limited to, testing of all software
<br /> (3) "Ballot information" means the material contain- required for the voting system's operation; the ballot
<br /> ing the names of offices and candidates and the reader; the rote processor, especially in its logic and
<br /> questions to be voted on. memory components; the digital printer; the fail-safe
<br /> (4) "Electronic or electromechanical voting system" operations; the counting center environmental require-
<br /> means a system of casting votes by use of voting ments; and the equipment reliability estimate. For the
<br /> devices or marking devices and counting ballots by purpose of assisting in examining the system, the
<br /> employing automatic tabulating equipment or data department shall employ or contract for services of at
<br /> processing equipment, and the term includes touchsc- least one individual who is expert in one or more fields of
<br /> reen systems. data processing, mechanical engineering, and public
<br /> (5) "Marking device"means any approved device for administration and shall require from the individual a
<br /> marking a ballot with ink or other substance which will written report of his or her examination.
<br /> enable the ballot to be tabulated by means of automatic (b) The person submitting a system for approval or
<br /> tabulating equipment. the board of county commissioners of any county
<br /> (6) "Secrecy envelope" means an opaque device, seeking approval of a given system shall reimburse
<br /> used for enclosing a marked ballot, which conceals the the Department of State in an amount equal to the
<br /> voter's choices. actual costs incurred by the department in examining
<br /> (7) "Software" means the programs and routines the system. Such reimbursement shall be made
<br /> used to employ and control the capabilities of data whether or not the system is approved by the depart-
<br /> processing hardware, including, without limitation, op- ment.
<br /> erating systems, compilers,assemblers, utilities, library (c) Neither the Secretary of State nor any examiner
<br /> routines, maintenance routines, applications, and com- shall have any pecuniary interest in any voting equip-
<br /> puter networking programs. ment.
<br /> (8) "Voting device" means an apparatus by which (d) The Department of State shall approve or dis-
<br /> votes are registered electronically. approve any voting system submitted to it within 90 days
<br /> History.—s.3,ch.73-156;s.21,ch.77-175;s.8,ch.84-302;s.8,ch.89-348;s. after the date of its initial submission.
<br /> 15,ch.2001-40. (3)(a) Within 30 days after completing the examina-
<br /> tion and upon approval of any electronic or electro-
<br /> 101.5604 Adoption of system; procurement of mechanical voting system, the Department of State
<br /> equipment; commercial tabulations The board of shall make and maintain a report on the system,
<br /> county commissioners of any county, at any regular together with a written or printed description and
<br /> meeting or a special meeting called for the purpose, drawings and photographs clearly identifying the sys-
<br /> may, upon consultation with the supervisor of elections, tem and the operation thereof. As soon as practicable
<br /> adopt, purchase or otherwise procure, and provide for after such filing, the department shall send a notice of
<br /> the use of any electronic or electromechanical voting certification and, upon request, a copy of the report to
<br /> system approved by the Department of State in all or a the governing bodies of the respective counties of the
<br /> portion of the election precincts of that county. There- state. Any voting system that does not receive the
<br /> after the electronic or electromechanical voting system approval of the department shall not be adopted for or
<br /> may be used for voting at all elections for public and used at any election.
<br /> party offices and on all measures and for receiving, (b) After a voting system has been approved by the
<br /> registering, and counting the votes thereof in such Department of State, any change or improvement in the
<br /> election precincts as the governing body directs. A system is required to be approved by the department
<br /> county must use an electronic or electromechanical prior to the adoption of such change or improvement by
<br /> precinct-count tabulation voting system. any county. If any such change or improvement does
<br /> History.—s.4,ch.73-156;s.21,ch.77-175;s.16,ch.2001-40. not comply with the requirements of this act, the
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<br /> 93 .G.a.
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