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(5) The canvassing board shall submit on forms or in formats provided by the division unofficial <br />returns to the Department of State for each federal, statewide, state, or multicounty office or ballot <br />measure no later than noon on the third day after any primary election and no Later than noon on the <br />fourth day after any general or other election. Such returns shall include the canvass of all ballots as <br />required by subsection (2). <br />(6) If the county canvassing board determines that the unofficial returns may contain a counting <br />error in which the vote tabulation system failed to count votes that were properly marked in accordance <br />with the instructions on the ballot, the county canvassing board shall: <br />(a) Correct the error and retabulate the affected ballots with the vote tabulation system; or <br />(b) Request that the Department of State verify the tabulation software. When the Department of <br />State verifies such software, the department shall compare the software used to tabulate the votes with <br />the software filed with the department pursuant to s. 101.5607 and check the election parameters. <br />(7) If the unofficial returns reflect that a candidate for any office was defeated or eliminated by <br />one-half of a percent or less of the votes cast for such office, that a candidate for retention to a judicial <br />office was retained or not retained by one-half of a percent or less of the votes cast on the question of <br />retention, or that a measure appearing on the ballot was approved or rejected by one-half of a percent <br />or less of the votes cast on such measure, a recount shall be ordered of the votes cast with respect to <br />such office or measure. The Secretary of State is responsible for ordering recounts in federal, state, and <br />multicounty races. The county canvassing board or the local board responsible for certifying the election <br />is responsible for ordering recounts in all other races. A recount need not be ordered with respect to the <br />returns for any office, however, if the candidate or candidates defeated or eliminated from contention <br />for such office by one-half of a percent or less of the votes cast for such office request in writing that a <br />recount not be made. <br />(a) Each canvassing board responsible for conducting a recount shall put each marksense ballot <br />through automatic tabulating equipment and determine whether the returns correctly reflect the votes <br />cast. If any marksense ballot is physically damaged so that it cannot be properly counted by the <br />automatic tabulating equipment during the recount, a true duplicate shall be made of the damaged <br />ballot pursuant to the procedures in s. 101.5614(5). Immediately before the start of the recount, a test <br />of the tabulating equipment shall be conducted as provided in s. 101.5612. 'f the test indicates no error, <br />the recount tabulation of the ballots cast shall be presumed correct and such votes shall be canvassed <br />accordingly. If an error is detected, the cause therefor shall be ascertained and corrected and the <br />recount repeated, as necessary. The canvassing board shall immediately report the error, along with the <br />cause of the error and the corrective measures being taken, to the Department of State. No later than <br />11 days after the election, the canvassing board shall file a separate incident report with the <br />Department of State, detailing the resolution of the matter and identifying any measures that will avoid <br />a future recurrence of the error. <br />(b) Each canvassing board responsible for conducting a recount where touchscreen ballots were used <br />shalt examine the counters on the precinct tabulators to ensure that the total of the returns on the <br />precinct tabulators equats the overall election return. If there is a discrepancy between the overall <br />election return and the cointers of rhe precinct tab'atators, the counters of the precinci: tabulators shall <br />be presumed correct. and such votes shall he canvassed accordingly. <br />(c) The cara:assing board shalt submit on forms or in formats provided 5y the division a second set of <br />unofficial returns to the Department of State for each federal, statewide, state, or mutticounty office or <br />ballot measure. The returns shall be filed no later than 3 p.m, on the 5th day after any primary election <br />and no later than 3 p.m. on the 9th day after any general election in which a recou+i t was ordered by <br />http://www.leg.state.fl.us/statutes/index.cfin?mode=View%20Statutes&SubMenu=1&App... 3/24/2015 1 24 <br />