Senate Bill sb1120c1

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    Florida Senate - 2001                           CS for SB 1120

    By the Committee on Ethics and Elections; and Senators Posey,
    Lawson, Bronson and Sebesta




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  1                      A bill to be entitled

  2         An act relating to voting systems; amending s.

  3         97.021, F.S.; modifying the definition of the

  4         term "ballot"; defining the terms "overvote"

  5         and "undervote"; amending s. 101.151, F.S.;

  6         modifying specifications for ballots; requiring

  7         the Department of State to adopt rules

  8         prescribing uniform ballots; repealing ss.

  9         101.141, 101.181, 101.191, and 101.5609, F.S.,

10         relating to the specifications and form of

11         ballots, to conform; amending s. 103.101, F.S.,

12         to conform; amending s. 101.5603, F.S.;

13         eliminating references to punchcard ballots and

14         devices; amending s. 101.5606, F.S.;

15         prohibiting the use of punchcard voting

16         systems; creating s. 101.595, F.S.; requiring

17         supervisors of elections and the Department of

18         State to report on overvotes and undervotes

19         following the general election; requiring the

20         Division of Elections to review the voting

21         systems certification standards to ensure that

22         new technologies are available and

23         appropriately certified for use; providing

24         effective dates.

25

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

27

28         Section 1.  Effective September 2, 2002, subsection (2)

29  of section 97.021, Florida Statutes, is amended to read:

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  1         97.021  Definitions.--For the purposes of this code,

  2  except where the context clearly indicates otherwise, the

  3  term:

  4         (2)  "Ballot" or "official ballot" when used in

  5  reference to:

  6         (a)  "Voting machines," except when reference is made

  7  to write-in ballots, means that portion of the printed strips

  8  of cardboard, paper, or other material that is within the

  9  ballot frames containing the names of candidates, or a

10  statement of a proposed constitutional amendment or other

11  question or proposition submitted to the electorate at any

12  election.

13         (b)  "Paper ballots" means that printed sheet of paper

14  containing the names of candidates, or a statement of proposed

15  constitutional amendments or other questions or propositions

16  submitted to the electorate at any election, on which sheet of

17  paper an elector casts his or her vote.

18         (c)  "Electronic or electromechanical devices" means a

19  ballot which is voted by the process of electronically

20  designating punching or marking with a marking device for

21  tabulation by automatic tabulating equipment or data

22  processing equipment.

23         Section 2.  Present subsections (18) through (27) of

24  section 97.021, Florida Statutes, are redesignated as

25  subsections (19) through (28) respectively, present

26  subsections (28) through (30) are redesignated as subsection

27  (30) through (32) respectively, and new subsections (18) and

28  (28) are added to that section to read:

29         97.021  Definitions.--For the purposes of this code,

30  except where the context clearly indicates otherwise, the

31  term:

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  1         (18)  "Overvote" means that the elector marks or

  2  designates more names than there are persons to be elected to

  3  an office or designates more than one answer to a ballot

  4  question.

  5         (28)  "Undervote" means that the elector does not

  6  properly designate any choice for an office or ballot

  7  question.

  8         Section 3.  Section 101.151, Florida Statutes, is

  9  amended to read:

10         101.151  Specifications for ballots general election

11  ballot.--In counties in which voting machines are not used,

12  and in other counties for use as absentee ballots not designed

13  for tabulation by an electronic or electromechanical voting

14  system, the general election ballot shall conform to the

15  following specifications:

16         (1)  Paper ballots The ballot shall be printed on paper

17  of such thickness that the printing cannot be distinguished

18  from the back.

19         (2)  Across the top of the ballot shall be printed

20  "Official Ballot, General Election," beneath which shall be

21  printed the county, the precinct number, and the date of the

22  election.  The precinct number, however, shall not be required

23  for absentee ballots.  Above the caption of the ballot shall

24  be two stubs with a perforated line between the stubs and

25  between the lower stub and the top of the ballot.  The top

26  stub shall be stub No. 1 and shall have printed thereon,

27  "General Election, Official Ballot," and then shall appear the

28  name of the county, the precinct number, and the date of the

29  election.  On the left side shall be a blank line under which

30  shall be printed "Signature of Voter."  On the right side

31  shall be "Initials of Issuing Official," above which there

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  1  shall be a blank line.  The second stub shall be the same,

  2  except there shall not be a space for signature of the

  3  elector. Both stubs No. 1 and No. 2 on ballots for each

  4  precinct shall be prenumbered consecutively, beginning with

  5  "No. 1."  However, a second stub shall not be required for

  6  absentee ballots.

  7         (3)(a)  Beneath the caption and preceding the names of

  8  candidates shall be the following words:  "To vote for a

  9  candidate whose name is printed on the ballot, place a cross

10  (X) mark in the blank space at the right of the name of the

11  candidate for whom you desire to vote.  To vote for a write-in

12  candidate, write the name of the candidate in the blank space

13  provided for that purpose."

14         (2)(a)  The ballot shall have headings under which

15  shall appear the names of the offices and names of duly

16  nominated candidates for the respective offices in the

17  following order: the heading "Electors for President and Vice

18  President" and thereunder the names of the candidates for

19  President and Vice President of the United States nominated by

20  the political party which received the highest vote for

21  Governor in the last general election of the Governor in this

22  state, above which shall appear the name of said party. Then

23  shall appear the names of other candidates for President and

24  Vice President of the United States who have been properly

25  nominated. Votes cast for write-in candidates for President

26  and Vice President shall be counted as votes cast for the

27  presidential electors supporting such candidates.  Then shall

28  follow the heading "Congressional" and thereunder the offices

29  of United States Senator and Representative in Congress; then

30  the heading "State" and thereunder the offices of Governor and

31  Lieutenant Governor, Secretary of State, Attorney General,

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  1  Comptroller, Treasurer, Commissioner of Education,

  2  Commissioner of Agriculture, state attorney, and public

  3  defender, together with the names of the candidates for each

  4  office and the title of the office which they seek; then the

  5  heading "Legislative" and thereunder the offices of state

  6  senator and state representative; then the heading "County"

  7  and thereunder clerk of the circuit court, clerk of the county

  8  court (when authorized by law), sheriff, property appraiser,

  9  tax collector, district superintendent of schools, and

10  supervisor of elections. Thereafter follows: members of the

11  board of county commissioners, and such other county and

12  district offices as are involved in the general election, in

13  the order fixed by the Department of State followed, in the

14  year of their election, by "Party Offices," and thereunder the

15  offices of state and county party executive committee members.

16  When a write-in candidate has qualified for any office, a

17  subheading "Write-in Candidate for ...(name of office)..."

18  shall be provided followed by a blank space in which to write

19  the name of the candidate. With respect to write-in

20  candidates, if two or more candidates are seeking election to

21  one office, only one blank space shall be provided.

22         (b)  Immediately following the name of each office on

23  the ballot shall be printed, "Vote for One."  When more than

24  one candidate is nominated for office, the candidates for such

25  office shall qualify and run in a group or district, and the

26  group or district number shall be printed beneath the name of

27  the office. The name of the office shall be printed over each

28  numbered group or district and each numbered group or district

29  shall be clearly separated from the next numbered group or

30  district, the same as in the case of single offices.

31  Following the group or district number shall be printed the

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  1  words, "Vote for One," and the names of the candidates in the

  2  respective groups or districts shall be arranged thereunder.

  3         (c)  If in any election all the offices as set forth in

  4  paragraph (a) are not involved, those offices to be filled

  5  shall be arranged on the ballot in the order named.

  6         (3)(a)(4)  The names of the candidates of the party

  7  which received the highest number of votes for Governor in the

  8  last election in which a Governor was elected shall be placed

  9  first under the heading for each office on the general

10  election ballot, together with an appropriate abbreviation of

11  party name; the names of the candidates of the party which

12  received the second highest vote for Governor shall be second

13  under the heading for each office, together with an

14  appropriate abbreviation of the party name.

15         (b)(5)  Minor political party candidates and candidates

16  with no party affiliation shall have their names appear on the

17  general election ballot following the names of recognized

18  political parties, in the same order as they were certified.

19         (4)(a)  The names of candidates for each office shall

20  be arranged alphabetically as to surnames on a primary

21  election ballot.

22         (b)  When two or more candidates running for the same

23  office on a primary election ballot have the same or a similar

24  surname, the word "incumbent" shall appear next to the

25  incumbent's name.

26         (5)  The primary election ballot shall be arranged so

27  that the offices of Governor and Lieutenant Governor are

28  joined in a single voting space to allow each elector to cast

29  a single vote for the joint candidacies for Governor and

30  Lieutenant Governor, if applicable.

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  1         (6)  The general election ballot shall be arranged so

  2  that the offices of President and Vice President are joined in

  3  a single voting space to allow each elector to cast a single

  4  vote for the joint candidacies for President and Vice

  5  President and so that the offices of Governor and Lieutenant

  6  Governor are joined in a single voting space to allow each

  7  elector to cast a single vote for the joint candidacies for

  8  Governor and Lieutenant Governor.

  9         (7)(6)  Except for justices or judges seeking

10  retention, the names of unopposed candidates shall not appear

11  on the general election ballot.  Each unopposed candidate

12  shall be deemed to have voted for himself or herself.

13         (8)(a)  The Department of State shall adopt rules

14  prescribing a uniform primary and general election ballot for

15  each certified voting system.  The rules shall incorporate the

16  requirements set forth in this section and shall prescribe

17  additional matters and forms which include, without

18  limitation:

19         1.  Clear and unambiguous ballot instructions and

20  directions;

21         2.  Individual race layout; and

22         3.  Overall ballot layout.

23         (b)  The department rules shall graphically depict a

24  sample uniform primary and general election ballot form for

25  each certified voting system.

26         (7)  The same requirement as to the type, size, and

27  kind of printing of official ballots in primary elections as

28  provided in s. 101.141(5) shall govern the printing of

29  official ballots in general elections.

30         (8)  Should the above directions for complete

31  preparation of the ballot be insufficient, the Department of

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  1  State shall determine and prescribe any additional matter or

  2  form.  Not less than 60 days prior to a general election, the

  3  Department of State shall mail to each supervisor of elections

  4  the format of the ballot to be used for the general election.

  5         (9)  The provisions of s. 101.141(7) shall be

  6  applicable in printing of said ballot.

  7         Section 4.  Subsections (8) and (9) of section 103.101,

  8  Florida Statutes, are amended to read:

  9         103.101  Presidential preference primary.--

10         (8)  All names of candidates or delegates shall be

11  listed as directed by the Department of State.  The ballot as

12  prescribed in this section shall be used.

13         (9)  The presidential preference primary ballot shall

14  be in substantially the following form:

15

16                 OFFICIAL PRESIDENTIAL PREFERENCE

17                          PRIMARY BALLOT

18

19  No. .... .... Party

20                       ....COUNTY, FLORIDA

21

22                        Precinct No. ....

23

24                           ...(Date)...

25

26  ...(Signature of Voter)...             ...(Initials of Issuing

27  Official)...

28

29                            Stub No. 1

30

31                 OFFICIAL PRESIDENTIAL PREFERENCE

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  1                          PRIMARY BALLOT

  2

  3  No. .... .... Party

  4                       ....COUNTY, FLORIDA

  5

  6                        Precinct No. ....

  7

  8                           ...(Date)...

  9

10                            ...(Initials of Issuing Official)...

11

12                            Stub No. 2

13

14                 OFFICIAL PRESIDENTIAL PREFERENCE

15                          PRIMARY BALLOT

16

17                            .... Party

18                       ....COUNTY, FLORIDA

19

20                        Precinct No. ....

21

22                          ...(Date)... 

23

24  Place a cross (X) in the blank space to the right of the name

25  of the presidential candidate for whom you wish to vote,

26

27  For President

28

29  ...(Name of Candidate)...

30

31  ...(Name of Candidate)...

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  1

  2  or place a cross (X) in the blank space to the right of the

  3  name of the delegate(s) for whom you wish to vote.

  4

  5  ...(Name of Delegate)...         ...(Name of Candidate)...

  6         Section 5.  Effective September 2, 2002, subsections

  7  (5) and (8) of section 101.5603, Florida Statutes, are amended

  8  to read:

  9         101.5603  Definitions relating to Electronic Voting

10  Systems Act.--As used in this act, the term:

11         (5)  "Marking device" means either an approved

12  apparatus used for the piercing of ballots by the voter or any

13  approved device for marking a ballot with ink or other

14  substance which will enable the ballot to be tabulated by

15  means of automatic tabulating equipment.

16         (8)  "Voting device" means either an apparatus in which

17  ballots are inserted and used in connection with a marking

18  device for the piercing of ballots by the voter or an

19  apparatus by which votes are registered electronically.

20         Section 6.  Effective September 2, 2002, section

21  101.5606, Florida Statutes, is amended to read:

22         101.5606  Requirements for approval of systems.--

23         (1)  No electronic or electromechanical voting system

24  shall be approved by the Department of State unless it is so

25  constructed that:

26         (a)(1)  It permits and requires voting in secrecy.

27         (b)(2)  It permits each elector to vote at any election

28  for all persons and offices for whom and for which the elector

29  is lawfully entitled to vote, and no others; to vote for as

30  many persons for an office as the elector is entitled to vote

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  1  for; and to vote for or against any question upon which the

  2  elector is entitled to vote.

  3         (c)(3)  The automatic tabulating equipment will be set

  4  to reject all votes for any office or measure when the number

  5  of votes therefor exceeds the number which the voter is

  6  entitled to cast or when the voter is not entitled to cast a

  7  vote for the office or measure.

  8         (d)(4)  It is capable of correctly counting votes.

  9         (e)(5)  It permits each voter at a primary election to

10  vote only for the candidates seeking nomination by the

11  political party in which such voter is registered, for any

12  candidate for nonpartisan office, and for any question upon

13  which the voter is entitled to vote.

14         (f)(6)  At presidential elections it permits each

15  elector, by one operation, to vote for all presidential

16  electors of a party or for all presidential electors of

17  candidates for President and Vice President with no party

18  affiliation.

19         (g)(7)  It provides a method for write-in voting.

20         (h)(8)  It is capable of accumulating a count of the

21  specific number of ballots tallied for a precinct,

22  accumulating total votes by candidate for each office, and

23  accumulating total votes for and against each question and

24  issue of the ballots tallied for a precinct.

25         (i)(9)  It is capable of tallying votes from ballots of

26  different political parties from the same precinct, in the

27  case of a primary election.

28         (j)(10)  It is capable of automatically producing

29  precinct totals in printed, marked, or punched form, or a

30  combination thereof.

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  1         (k)(11)  If it is of a type which registers votes

  2  electronically, it will permit each voter to change his or her

  3  vote for any candidate or upon any question appearing on the

  4  official ballot up to the time that the voter takes the final

  5  step to register his or her vote and to have the vote

  6  computed.

  7         (l)(12)  It is capable of providing records from which

  8  the operation of the voting system may be audited.

  9         (2)  No voting system that uses an apparatus or device

10  for the piercing of ballots by the voter shall be used in the

11  state.

12         Section 7.  Effective September 2, 2002, subsection (7)

13  of section 101.5614, Florida Statutes, is amended to read:

14         101.5614  Canvass of returns.--

15         (7)  Absentee ballots may be counted by automatic

16  tabulating equipment if they have been punched or marked in a

17  manner which will enable them to be properly counted by such

18  equipment.

19         Section 8.  Section 101.595, Florida Statutes, is

20  created to read:

21         101.595  Analysis and reports of voter error.--

22         (1)  No later than December 15 of each general election

23  year, the supervisor of elections in each county shall review

24  the ballots with overvotes and undervotes and report the

25  number of each to the Department of State, along with the

26  likely reasons for the errors and other information as may be

27  useful to evaluate the performance of the voting system and

28  identify problems with ballot design and instructions which

29  may have contributed to voter confusion.

30         (2)  The Department of State, upon receipt of such

31  information, shall prepare a public report on the performance

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  1  of each type of voting system.  The report must contain, but

  2  is not limited to, the following information:

  3         (a)  The overall error rate for each system used in the

  4  election;

  5         (b)  An identification of problems with the ballot

  6  design or instructions which may have contributed to voter

  7  confusion; and

  8         (c)  Recommendations for correcting any problems

  9  identified.

10         (3)  The Department of State shall submit the report to

11  the Governor, the President of the Senate, and the Speaker of

12  the House of Representatives by January 31 of each year

13  following a general election.

14         Section 9.  Effective upon this act becoming a law, the

15  Division of Elections shall review the voting systems

16  certification standards and ensure that new technologies are

17  available for selection by boards of county commissioners

18  which meet the requirements for voting systems and meet user

19  standards. The Division of Elections shall continuously review

20  the voting systems certification standards to ensure that new

21  technologies are appropriately certified for all elections in

22  a timely manner. The division shall also develop methods to

23  determine the will of the public with respect to voting

24  systems.

25         Section 10.  Sections 101.141, 101.181, 101.191 and

26  101.5609, Florida Statutes, are repealed.

27         Section 11.  Except as otherwise expressly provided in

28  this act, this act shall take effect January 1, 2002.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1120

  3

  4  The committee substitute prohibits the use of punchcard voting
    systems beginning with the 2002 First Primary Election.  The
  5  bill maintains current law allowing the county commission and
    supervisors of elections to determine the type of voting
  6  system to be used in the county, as long as the system has
    been certified for use.  The committee substitute requires the
  7  Division of Elections to review the voting systems
    certification standards to ensure that new technologies are
  8  appropriately certified in a timely manner. The bill requires
    the Division of Elections to adopt rules providing for a
  9  uniform ballot design for each voting system used in the
    state.  Finally, the bill requires a report on the performance
10  of the voting systems used following each general election.

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