Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 268
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Community Affairs (Baxley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (41) of section 97.021, Florida
    6  Statutes, is amended to read:
    7         97.021 Definitions.—For the purposes of this code, except
    8  where the context clearly indicates otherwise, the term:
    9         (41) “Voter interface device” means any device that
   10  communicates voting instructions and ballot information to a
   11  voter and allows the voter to select and vote for candidates and
   12  issues. A voter interface device may not be used to tabulate
   13  votes. Any vote tabulation must be based upon a subsequent scan
   14  of the marked marksense ballot or the voter-verifiable paper
   15  output after the voter interface device process has been
   16  completed.
   17         Section 2. Section 101.56075, Florida Statutes, is amended
   18  to read:
   19         101.56075 Voting methods.—For the purpose of designating
   20  ballot selections,
   21         (1) Except as provided in subsection (2), all voting must
   22  shall be by marksense ballot, using utilizing a marking device
   23  or a voter interface device that produces a voter-verifiable
   24  paper output and for the purpose of designating ballot
   25  selections.
   26         (2) Persons with disabilities may vote on a voter interface
   27  device that meets the voting system accessibility requirements
   28  for individuals with disabilities pursuant to s. 301 of the
   29  federal Help America Vote Act of 2002 and s. 101.56062.
   30         (3) By 2020, persons with disabilities shall vote on a
   31  voter interface device that meets the voter accessibility
   32  requirements for individuals with disabilities under s. 301 of
   33  the federal Help America Vote Act of 2002 and s. 101.56062 which
   34  are consistent with subsection (1) of this section.
   35         Section 3. Paragraph (b) of subsection (4) of section
   36  102.166, Florida Statutes, is amended to read:
   37         102.166 Manual recounts of overvotes and undervotes.—
   38         (4)
   39         (b) The Department of State shall adopt specific rules for
   40  the federal write-in absentee ballot and for each certified
   41  voting system prescribing what constitutes a “clear indication
   42  on the ballot that the voter has made a definite choice.” The
   43  rules shall be consistent, to the extent practicable, and may
   44  not:
   45         1. Authorize the use of any electronic or electromechanical
   46  reading device to review a hybrid voting system ballot that is
   47  produced using a voter interface device and that contains both
   48  machine-readable fields and machine-printed text of the contest
   49  titles and voter selections, unless the printed text is
   50  illegible;
   51         2. Exclusively provide that the voter must properly mark or
   52  designate his or her choice on the ballot; or
   53         3.2. Contain a catch-all provision that fails to identify
   54  specific standards, such as “any other mark or indication
   55  clearly indicating that the voter has made a definite choice.”
   56         Section 4. This act shall take effect January 1, 2020.
   58  ================= T I T L E  A M E N D M E N T ================
   59  And the title is amended as follows:
   60         Delete everything before the enacting clause
   61  and insert:
   62                        A bill to be entitled                      
   63         An act relating to voting methods; amending s. 97.021,
   64         F.S.; revising the definition of the term “voter
   65         interface device”; amending s. 101.56075, F.S.;
   66         authorizing voting to be conducted using a voter
   67         interface device that produces a voter-verifiable
   68         paper output; amending s. 102.166, F.S.; revising
   69         requirements for Department of State rules regarding
   70         manual recounts of certain ballots; providing an
   71         effective date.