CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for SB 618

    Amendment No. ___   Barcode 093146

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5

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10  ______________________________________________________________

11  Senators Jones and Meek moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 8, line 22, through

15            page 26, line 4, delete those lines

16

17  and insert:  that ballot was entitled to vote in the county at

18  the precinct in the election and that the person had not

19  already cast a ballot in the election.

20         (b)1.  If it is determined that the person was

21  registered in the county and entitled to vote at the precinct

22  in the election, the canvassing board shall compare the

23  signature on the provisional ballot envelope with the

24  signature on the voter's registration and, if it matches,

25  shall count the ballot. The provisional ballot of a voter who

26  is otherwise entitled to vote shall not be rejected because

27  the voter did not cast his or her ballot in the precinct of

28  his or her legal residence. However, if the voter did not vote

29  the ballot to which he or she was entitled, the canvassing

30  board shall duplicate the ballot for the races that the voter

31  was entitled to vote in his or her legal precinct and count

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 618

    Amendment No. ___   Barcode 093146





  1  the valid votes in races in which the voter was entitled to

  2  vote. The canvassing board shall use rules adopted by the

  3  division pursuant to s. 102.166(5) to determine whether an

  4  overvoted or undervoted race contains a valid vote.

  5         2.  If it is determined that the person voting the

  6  provisional ballot was not registered in the county or

  7  entitled to vote at the precinct in the election, the

  8  provisional ballot shall not be counted and the ballot shall

  9  remain in the envelope containing the Provisional Ballot

10  Voter's Certificate and Affirmation and the envelope shall be

11  marked "Rejected as Illegal."

12         (3)  The Provisional Ballot Voter's Certificate and

13  Affirmation shall be in substantially the following form:

14

15  STATE OF FLORIDA

16  COUNTY OF ....

17

18         I do solemnly swear (or affirm) that my name is ....;

19  that my date of birth is ....; that I am registered to vote

20  and at the time I registered I resided at ...., in the

21  municipality of ...., in .... County, Florida; that I am

22  registered in the .... Party; that I am a qualified voter of

23  the county; and that I have not voted in this election.  I

24  understand that if I commit any fraud in connection with

25  voting, vote a fraudulent ballot, or vote more than once in an

26  election, I can be convicted of a felony of the third degree

27  and fined up to $5,000 and/or imprisoned for up to 5 years.

28                                ...(Signature of Voter)...

29                                ...(Current Residence Address)...

30                                 ...(Current Mailing Address)...

31                                   ...(City, State, Zip Code)...

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 618

    Amendment No. ___   Barcode 093146





  1

  2  Sworn to and subscribed before me this .... day of ........,

  3  ...(year)....

  4  ...(Clerk or Inspector of Election Official)...

  5

  6  Precinct # ....                Ballot Style/Party Issued: ....

  7

  8  Additional information may be provided to further assist the

  9  supervisor of elections in determining eligibility. If known,

10  please provide the place and date that you registered to vote.

11

12         Section 8.  Paragraphs (a) and (c) of subsection (2) of

13  section 101.151, Florida Statutes, are amended to read:

14         101.151  Specifications for ballots.--

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

16  shall appear the names of the offices and the names of the

17  duly nominated candidates for the respective offices in the

18  following order:  the heading "President and Vice President"

19  and thereunder the names of the candidates for President and

20  Vice President of the United States nominated by the political

21  party that received the highest vote for Governor in the last

22  general election of the Governor in this state.  Then shall

23  appear the names of other candidates for President and Vice

24  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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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 093146





  1  Chief Financial Officer Comptroller, Treasurer, Commissioner

  2  of Education, Commissioner of Agriculture, state attorney, and

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

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

  5  the 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  In a general election, in addition to the names printed on the

17  ballot, a blank space shall be provided under each heading for

18  an office for which a write-in candidate has qualified. With

19  respect to write-in candidates, if two or more candidates are

20  seeking election to one office, only one blank space shall be

21  provided.

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

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

24  shall be omitted and the remaining offices shall be arranged

25  on the ballot in the order named.

26         Section 9.  Section 101.2512, Florida Statutes, is

27  created to read:

28         101.2512  Candidates' names on general election

29  ballots.--

30         (1)  The supervisor of elections shall print on the

31  general election ballot the names of candidates nominated by

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 618

    Amendment No. ___   Barcode 093146





  1  primary election or special primary election or the names of

  2  candidates selected by the appropriate executive committee of

  3  any political party pursuant to the requirements of this code.

  4         (2)  In addition to the names printed on the ballot as

  5  provided in subsection (1), the supervisor of elections shall

  6  print on the general election ballot the names of each

  7  nonpartisan candidate, minor party candidate, or candidate

  8  with no party affiliation who has obtained a position on the

  9  general election ballot in compliance with the requirements of

10  this code.

11         Section 10.  Section 101.475, Florida Statutes, is

12  created to read:

13         101.475  Procedure of election officials where name is

14  not on precinct register.--

15         (1)  If a person presents himself or herself to vote

16  and his or her name is not on the precinct register, the

17  pollworker shall contact the office of the supervisor of

18  elections or access a master list of registered voters in the

19  county to determine whether the person is registered to vote.

20         (2)  If the person is registered in the county and is

21  in the correct precinct, the person shall be allowed to vote.

22         (3)  If the person is registered in the county but is

23  not in the correct precinct, the pollworker shall direct the

24  person to the proper precinct to vote.

25         (4)  If the pollworker is unable to verify whether the

26  person is registered in the county, the pollworker shall issue

27  the person a provisional ballot pursuant to s. 101.048.

28         (5)  If the pollworker verifies that the person is not

29  registered in the county, but the person nonetheless maintains

30  that he or she is entitled to vote, the pollworker shall issue

31  the person a provisional ballot pursuant to s. 101.048.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 618

    Amendment No. ___   Barcode 093146





  1         Section 11.  Section 101.5601, Florida Statutes, is

  2  amended to read:

  3         101.5601  Short title.--Sections 101.5601-101.5614 may

  4  be cited 101.5601 through 101.5615 shall be known as the

  5  "Electronic Voting Systems Act."

  6         Section 12.  Effective September 2, 2002, subsections

  7  (3) and (4) of section 101.5606, Florida Statutes, as amended

  8  by section 18 of chapter 2001-40, Laws of Florida, are amended

  9  to read:

10         101.5606  Requirements for approval of systems.--No

11  electronic or electromechanical voting system shall be

12  approved by the Department of State unless it is so

13  constructed that:

14         (3)  It immediately rejects The automatic tabulating

15  equipment shall be set to reject a ballot and provide the

16  elector an opportunity to correct the ballot where the number

17  of votes for an office or measure exceeds the number which the

18  voter is entitled to cast or where the tabulating equipment

19  reads the ballot as a ballot with no votes cast.

20         (4)  For systems using paper ballots, it accepts a

21  rejected ballot pursuant to subsection (3) if a voter chooses

22  to cast the ballot, but records no vote for any office that

23  has been overvoted or undervoted. For rejected ballots that

24  voters choose to cast, the automatic tabulating equipment will

25  be set to accept the ballot and reject all votes for any

26  office or measure when the number of votes therefor exceeds

27  the number which the voter is entitled to cast or when the

28  voter is not entitled to cast a vote for the office or

29  measure.

30         Section 13.  Paragraph (b) of subsection (2) of section

31  101.5608, Florida Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 618

    Amendment No. ___   Barcode 093146





  1         101.5608  Voting by electronic or electromechanical

  2  method; procedures.--

  3         (2)  When an electronic or electromechanical voting

  4  system utilizes a ballot card or paper ballot, the following

  5  procedures shall be followed:

  6         (b)  Any voter who spoils his or her ballot or makes an

  7  error may return the ballot to the election official and

  8  secure another ballot, except that in no case shall a voter be

  9  furnished more than three ballots. If the vote tabulation

10  device has rejected a ballot, the ballot shall be considered

11  spoiled and a new ballot shall be provided to the voter unless

12  the voter chooses to cast the rejected ballot. The election

13  official, without examining the original ballot, shall state

14  the possible reasons for the rejection and shall provide

15  instruction to direct the voter to the instruction model

16  provided at the precinct pursuant to s. 101.5611. A spoiled

17  ballot shall be preserved, without examination, in an envelope

18  provided for that purpose. The stub shall be removed from the

19  ballot and placed in an envelope.

20         Section 14.  Section 101.5611, Florida Statutes, is

21  amended to read:

22         101.5611  Instructions to electors.--

23         (1)  For the instruction of voters on election day, The

24  supervisor of elections shall provide instruction at each

25  polling place regarding one instruction model illustrating the

26  manner of voting with the system.  In instructing voters, no

27  precinct official may favor any political party, candidate, or

28  issue.  Such instruction Each such instruction model shall

29  show the arrangement of candidates party rows, office columns,

30  and questions to be voted on.  Additionally, the supervisor of

31  elections shall provide instruction on the proper method of

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                                                  SENATE AMENDMENT

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  1  casting a ballot for the specific voting system utilized in

  2  that jurisdiction.  Such instruction model shall be provided

  3  located at a place which voters must pass to reach the

  4  official voting booth.

  5         (2)  Before entering the voting booth each voter shall

  6  be offered instruction in voting by use of the instruction

  7  model, and the voter shall be given ample opportunity to

  8  operate the model by himself or herself.  In instructing

  9  voters, no precinct official may show partiality to any

10  political party or candidate.

11         (2)(3)  The supervisor of elections shall have posted

12  at each polling place a notice that reads:  "A person who

13  commits or attempts to commit any fraud in connection with

14  voting, votes a fraudulent ballot, or votes more than once in

15  an election can be convicted of a felony of the third degree

16  and fined up to $5,000 and/or imprisoned for up to 5 years."

17         Section 15.  Paragraphs (a) and (d) of subsection (4)

18  of section 101.5612, Florida Statutes, are amended to read:

19         101.5612  Testing of tabulating equipment.--

20         (4)(a)1.  For electronic or electromechanical voting

21  systems configured to include electronic or electromechanical

22  tabulation devices which are distributed to the precincts, all

23  or a sample of the devices to be used in the election shall be

24  publicly tested.  If a sample is to be tested, the sample

25  shall consist of a random selection of at least 5 percent of

26  the devices for an optical scan system or 2 percent of the

27  devices for a touchscreen system or 10 of the devices for

28  either system, as applicable, whichever is greater.  The test

29  shall be conducted by processing a group of ballots, causing

30  the device to output results for the ballots processed, and

31  comparing the output of results to the results expected for

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 093146





  1  the ballots processed.  The group of ballots shall be produced

  2  so as to record a predetermined number of valid votes for each

  3  candidate and on each measure and to include for each office

  4  one or more ballots which have activated voting positions in

  5  excess of the number allowed by law in order to test the

  6  ability of the tabulating device to reject such votes.

  7         2.  If any tested tabulating device is found to have an

  8  error in tabulation, it shall be deemed unsatisfactory.  For

  9  each device deemed unsatisfactory, the canvassing board shall

10  take steps to determine the cause of the error, shall attempt

11  to identify and test other devices that could reasonably be

12  expected to have the same error, and shall test a number of

13  additional devices sufficient to determine that all devices

14  are satisfactory. Upon deeming any device unsatisfactory, the

15  canvassing board may require all devices to be tested or may

16  declare that all devices are unsatisfactory.

17         3.  If the operation or output of any tested tabulation

18  device, such as spelling or the order of candidates on a

19  report, is in error, such problem shall be reported to the

20  canvassing board.  The canvassing board shall then determine

21  if the reported problem warrants its deeming the device

22  unsatisfactory.

23         (d)  Any tabulating device deemed unsatisfactory shall

24  be recoded reprogrammed, repaired, or replaced and shall be

25  made available for retesting. Such device must be determined

26  by the canvassing board or its representative to be

27  satisfactory before it may be used in any election.  The

28  canvassing board or its representative shall announce at the

29  close of the first testing the date, place, and time that any

30  unsatisfactory device will be retested or may, at the option

31  of the board, notify by telephone each person who was present

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  1  at the first testing as to the date, place, and time that the

  2  retesting will occur.

  3         Section 16.  Subsections (5) and (9) of section

  4  101.5614, Florida Statutes, are amended to read:

  5         101.5614  Canvass of returns.--

  6         (5)  If any absentee ballot card of the type for which

  7  the offices and measures are not printed directly on the card

  8  is physically damaged or defective so that it cannot properly

  9  be counted by the automatic tabulating equipment, a true

10  duplicate copy shall be made of the damaged ballot card in the

11  presence of witnesses and substituted for the damaged ballot.

12  Likewise, a duplicate ballot card shall be made, in the

13  presence of witnesses, of an absentee ballot initially

14  rejected by the automatic tabulating equipment which contains

15  an overvoted race or a marked absentee ballot in which every

16  race is undervoted if the canvassing board determines, based

17  on rules adopted by the division pursuant to s. 102.166(5),

18  that a valid vote was cast for any overvoted or undervoted

19  race.  Such ballot shall be duplicated so that all valid votes

20  are counted by the automatic tabulating equipment.  All

21  duplicate ballots shall be clearly labeled "duplicate," bear a

22  serial number which shall be recorded on the defective ballot,

23  and be counted in lieu of the defective ballot a defective

24  ballot which shall not include the invalid votes.  All

25  duplicate ballot cards shall be clearly labeled "duplicate,"

26  bear a serial number which shall be recorded on the damaged or

27  defective ballot card, and be counted in lieu of the damaged

28  or defective ballot.  If any ballot card of the type for which

29  offices and measures are printed directly on the card is

30  damaged or defective so that it cannot properly be counted by

31  the automatic tabulating equipment, a true duplicate copy may

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 618

    Amendment No. ___   Barcode 093146





  1  be made of the damaged ballot card in the presence of

  2  witnesses and in the manner set forth above, or the valid

  3  votes on the damaged ballot card may be manually counted at

  4  the counting center by the canvassing board, whichever

  5  procedure is best suited to the system used. If any paper

  6  ballot is damaged or defective so that it cannot be counted

  7  properly by the automatic tabulating equipment, the ballot

  8  shall be counted manually at the counting center by the

  9  canvassing board.  The totals for all such ballots or ballot

10  cards counted manually shall be added to the totals for the

11  several precincts or election districts.  No vote shall be

12  declared invalid or void if there is a clear indication on the

13  ballot that the voter has made a definite choice as determined

14  by the canvassing board.  After duplicating a ballot has been

15  duplicated, the defective ballot shall be placed in an

16  envelope provided for that purpose, and the duplicate ballot

17  shall be tallied with the other ballots for that precinct.

18         (9)  Any supervisor of elections, deputy supervisor of

19  elections, canvassing board member, election board member, or

20  election employee who releases the results of any election

21  prior to the closing of the polls in that county on election

22  day commits a felony of the third degree, punishable as

23  provided in s. 775.082, s. 775.083, or s. 775.084.

24         Section 17.  Effective September 2, 2002, subsection

25  (1) of section 101.5614, Florida Statutes, as amended by

26  section 22 of chapter 2001-40, Laws of Florida, is amended to

27  read:

28         101.5614  Canvass of returns.--

29         (1)  In precincts in which an electronic or

30  electromechanical voting system is used, As soon as the polls

31  are closed, the election board shall secure the voting devices

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 093146





  1  against further voting. The election board shall thereafter,

  2  open the ballot box in the presence of members of the public

  3  desiring to witness the proceedings, verify and count the

  4  number of voted ballots, unused ballots, provisional ballots,

  5  and spoiled ballots to ascertain whether such number

  6  corresponds with the number of ballots issued by the

  7  supervisor. If there is a difference, this fact shall be

  8  reported in writing to the county canvassing board with the

  9  reasons therefor if known. The total number of voted ballots

10  shall be entered on the forms provided. The proceedings of the

11  election board at the precinct after the polls have closed

12  shall be open to the public; however, no person except a

13  member of the election board shall touch any ballot or ballot

14  container or interfere with or obstruct the orderly count of

15  the ballots.

16         Section 18.  Section 101.595, Florida Statutes, is

17  amended to read:

18         101.595  Analysis and reports of voting problems voter

19  error.--

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

21  year, the supervisor of elections in each county shall report

22  on voter errors to the Department of State the total number of

23  overvotes and undervotes in the first race appearing on the

24  ballot pursuant to s. 101.151(2), along with the likely

25  reasons for such overvotes and undervotes the errors and other

26  information as may be useful in evaluating the performance of

27  the voting system and identifying problems with ballot design

28  and instructions which may have contributed to voter

29  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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    Amendment No. ___   Barcode 093146





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

  2  is not limited to, the following information:

  3         (a)  An identification of problems with the ballot

  4  design or instructions which may have contributed to voter

  5  confusion;

  6         (b)  An identification of voting system design

  7  problems; 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 19.  Paragraph (a) of subsection (2) of section

15  101.68, Florida Statutes, is amended to read:

16         101.68  Canvassing of absentee ballot.--

17         (2)(a)  The county canvassing board may begin the

18  canvassing of absentee ballots at 7 a.m. on the fourth day

19  before the election, but not later than noon on the day

20  following the election. In addition, for any county using

21  electronic tabulating equipment, the processing of absentee

22  ballots through such tabulating equipment may begin at 7 a.m.

23  on the fourth day before the election. However,

24  notwithstanding any such authorization to begin canvassing or

25  otherwise processing absentee ballots early, no result shall

26  be released until after the closing of the polls in that

27  county on election day. Any supervisor of elections, deputy

28  supervisor of elections, canvassing board member, election

29  board member, or election employee who releases the results of

30  a canvassing or processing of absentee ballots prior to the

31  closing of the polls in that county on election day commits a

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  1  felony of the third degree, punishable as provided in s.

  2  775.082, s. 775.083, or s. 775.084.

  3         Section 20.  Section 101.69, Florida Statutes, is

  4  amended to read:

  5         101.69  Voting in person; return of absentee

  6  ballot.--The provisions of this code shall not be construed to

  7  prohibit any elector from voting in person at the elector's

  8  precinct on the day of an election notwithstanding that the

  9  elector has requested an absentee ballot for that election.

10  An elector who has received an absentee ballot, but desires to

11  vote in person, shall return the ballot, whether voted or not,

12  to the election board in the elector's precinct.  The returned

13  ballot shall be marked "canceled" by the board and placed with

14  other canceled ballots. However, if the elector does not is

15  unable to return the ballot, the election official shall

16  contact the supervisor's office to determine whether the

17  supervisor has received the elector's absentee ballot.  If the

18  election official:

19         (1)  Confirms that the supervisor has not received the

20  elector's absentee ballot, the elector shall be allowed to

21  vote in person.  The elector's absentee ballot, if

22  subsequently received, shall not be counted and shall remain

23  in the mailing envelope, and the envelope shall be marked

24  "Rejected as Illegal."

25         (2)  Confirms that the supervisor has received the

26  elector's absentee ballot, the elector shall not be allowed to

27  vote in person.  If the elector maintains that he or she has

28  not returned the absentee ballot, the elector may vote a

29  provisional ballot as provided in s. 101.048.

30         (3)  Cannot confirm whether the supervisor has received

31  the elector's absentee ballot, the elector may vote a

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  1  provisional ballot as provided in s. 101.048.

  2         Section 21.  Subsection (4) of section 102.014, Florida

  3  Statutes, is amended to read:

  4         102.014  Poll worker recruitment and training.--

  5         (4)  Each supervisor of elections shall be responsible

  6  for training inspectors and clerks, subject to the following

  7  minimum requirements:

  8         (a)  No clerk shall be entitled to work at the polls

  9  unless he or she has had a minimum of 3 6 hours of training

10  prior to each election during a general election year, at

11  least 2 hours of which must occur after June 1 of that year.

12         (b)  No inspector shall work at the polls unless he or

13  she has had a minimum of 2 3 hours of training prior to each

14  election during a general election year, at least 1 hour of

15  which must occur after June 1 of that year.

16         (c)  For the purposes of this subsection, the first and

17  second primary elections shall be considered one election.

18         Section 22.  Subsections (2), (4), and (6) of section

19  102.141, Florida Statutes, are amended to read:

20         102.141  County canvassing board; duties.--

21         (2)  The county canvassing board shall meet in a

22  building accessible to the public in the county where the

23  election occurred at a time and place to be designated by the

24  supervisor of elections to publicly canvass the absentee

25  electors' ballots as provided for in s. 101.68 and provisional

26  ballots as provided by s. 101.048.  Public notice of the time

27  and place at which the county canvassing board shall meet to

28  canvass the absentee electors' ballots and provisional ballots

29  shall be given at least 48 hours prior thereto by publication

30  once in one or more newspapers of general circulation in the

31  county or, if there is no newspaper of general circulation in

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  1  the county, by posting such notice in at least four

  2  conspicuous places in the county.  As soon as the absentee

  3  electors' ballots and the provisional ballots are canvassed,

  4  the board shall proceed to publicly canvass the vote given

  5  each candidate, nominee, constitutional amendment, or other

  6  measure submitted to the electorate of the county, as shown by

  7  the returns then on file in the office of the supervisor of

  8  elections and the office of the county court judge.

  9         (4)  The canvassing board shall submit unofficial

10  returns to the Department of State for each federal,

11  statewide, state, or multicounty office or ballot measure no

12  later than noon on the day after any primary, general,

13  special, or other election.  Such returns shall not include

14  the canvass of any provisional ballots.

15         (6)  If the unofficial returns reflect that a candidate

16  for any office was defeated or eliminated by one-half of a

17  percent or less of the votes cast for such office, that a

18  candidate for retention to a judicial office was retained or

19  not retained by one-half of a percent or less of the votes

20  cast on the question of retention, or that a measure appearing

21  on the ballot was approved or rejected by one-half of a

22  percent or less of the votes cast on such measure, the board

23  responsible for certifying the results of the vote on such

24  race or measure shall order a recount of the votes cast with

25  respect to such office or measure. A recount need not be

26  ordered with respect to the returns for any office, however,

27  if the candidate or candidates defeated or eliminated from

28  contention for such office by one-half of a percent or less of

29  the votes cast for such office request in writing that a

30  recount not be made.

31         (a)  In counties with voting systems that use ballot

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 093146





  1  cards or paper ballots, each canvassing board responsible for

  2  conducting a recount shall put each ballot through the

  3  automatic tabulating equipment for each precinct in which the

  4  office or issue appeared on the ballot and determine whether

  5  the returns correctly reflect the votes cast.  If any paper

  6  ballot is physically damaged so that it cannot be properly

  7  counted by the automatic tabulating equipment during the

  8  recount, a true duplicate shall be made of the damaged ballot

  9  pursuant to the procedures in s. 101.5614(5).  Immediately

10  before the start of the recount and after completion of the

11  count, a test of the tabulating equipment shall be conducted

12  as provided in s. 101.5612.  If the test indicates no error,

13  the recount tabulation of the ballots cast shall be presumed

14  correct and such votes shall be canvassed accordingly.  If an

15  error is detected, the cause therefor shall be ascertained and

16  corrected and the recount repeated, as necessary. The

17  canvassing board shall immediately report the error, along

18  with the cause of the error and the corrective measures being

19  taken, to the Department of State. No later than 11 days after

20  the election, the canvassing board shall file a separate

21  incident report with the Department of State, detailing the

22  resolution of the matter and identifying any measures that

23  will avoid a future recurrence of the error.

24         (b)  In counties with voting systems that do not use

25  ballot cards or paper ballots, each canvassing board

26  responsible for conducting a recount shall examine the

27  counters on the precinct tabulators to ensure that the total

28  of the returns on the precinct tabulators equals the overall

29  election return. If there is a discrepancy between the overall

30  election return and the counters of the precinct tabulators,

31  the counters of the precinct tabulators shall be presumed

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 093146





  1  correct and such votes shall be canvassed accordingly.

  2         (c)  The canvassing board shall submit a second set of

  3  unofficial returns to the Department of State for each

  4  federal, statewide, state, or multicounty office or ballot

  5  measure no later than noon on the second day after any

  6  election in which a recount was conducted pursuant to this

  7  subsection. Such returns shall not include the canvass of any

  8  provisional ballots.  If the canvassing board is unable to

  9  complete the recount prescribed in this subsection by the

10  deadline, the second set of unofficial returns submitted by

11  the canvassing board shall be identical to the initial

12  unofficial returns and the submission shall also include a

13  detailed explanation of why it was unable to timely complete

14  the recount. However, the canvassing board shall complete the

15  recount prescribed in this subsection, along with any manual

16  recount prescribed in s. 102.166, and certify election returns

17  in accordance with the requirements of this chapter.

18         Section 23.  Paragraph (a) of subsection (2) and

19  subsection (6) of section 102.166, Florida Statutes, are

20  amended to read:

21         102.166  Manual recounts.--

22         (2)(a)  If the second set of unofficial returns

23  pursuant to s. 102.141 indicates that a candidate for any

24  office was defeated or eliminated by between one-quarter and

25  one-half of a percent of the votes cast for such office, that

26  a candidate for retention to judicial office was retained or

27  not retained by between one-quarter and one-half of a percent

28  of the votes cast on the question of retention, or that a

29  measure appearing on the ballot was approved or rejected by

30  between one-quarter and one-half of a percent of the votes

31  cast on such measure, any such candidate, the political party

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 093146





  1  of such candidate, or any political committee that supports or

  2  opposes such ballot measure is entitled to a manual recount of

  3  the overvotes and undervotes cast in the entire geographic

  4  jurisdiction of such office or ballot measure, provided that a

  5  request for a manual recount is made by 5 p.m. on the second

  6  day after the election.

  7

  8

  9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 2, line 27, through page 3, line 5, delete

12  those lines

13

14  and insert:

15         102.141, F.S.; clarifying the timing for

16         reporting provisional ballot returns; providing

17         for the duplication of ballots that are damaged

18         and cannot be counted by the automatic

19         tabulating equipment during a recount;

20         eliminating obsolete provisions; amending

21         102.166, F.S.;

22

23

24

25

26

27

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31

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