Florida Senate - 2019                       CS for CS for SB 268
       By the Committees on Community Affairs; and Ethics and
       Elections; and Senator Baxley
       578-02723-19                                           2019268c2
    1                        A bill to be entitled                      
    2         An act relating to voting methods; amending s. 97.021,
    3         F.S.; revising the definition of the term “voter
    4         interface device”; amending s. 101.56075, F.S.;
    5         authorizing voting to be conducted using a voter
    6         interface device that produces a voter-verifiable
    7         paper output; amending s. 102.166, F.S.; revising
    8         requirements for Department of State rules regarding
    9         manual recounts of certain ballots; providing an
   10         effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Subsection (41) of section 97.021, Florida
   15  Statutes, is amended to read:
   16         97.021 Definitions.—For the purposes of this code, except
   17  where the context clearly indicates otherwise, the term:
   18         (41) “Voter interface device” means any device that
   19  communicates voting instructions and ballot information to a
   20  voter and allows the voter to select and vote for candidates and
   21  issues. A voter interface device may not be used to tabulate
   22  votes. Any vote tabulation must be based upon a subsequent scan
   23  of the marked marksense ballot or the voter-verifiable paper
   24  output after the voter interface device process has been
   25  completed.
   26         Section 2. Section 101.56075, Florida Statutes, is amended
   27  to read:
   28         101.56075 Voting methods.—For the purpose of designating
   29  ballot selections,
   30         (1) Except as provided in subsection (2), all voting must
   31  shall be by marksense ballot, using utilizing a marking device
   32  or a voter interface device that produces a voter-verifiable
   33  paper output and for the purpose of designating ballot
   34  selections.
   35         (2) Persons with disabilities may vote on a voter interface
   36  device that meets the voting system accessibility requirements
   37  for individuals with disabilities pursuant to s. 301 of the
   38  federal Help America Vote Act of 2002 and s. 101.56062.
   39         (3) By 2020, persons with disabilities shall vote on a
   40  voter interface device that meets the voter accessibility
   41  requirements for individuals with disabilities under s. 301 of
   42  the federal Help America Vote Act of 2002 and s. 101.56062 which
   43  are consistent with subsection (1) of this section.
   44         Section 3. Paragraph (b) of subsection (4) of section
   45  102.166, Florida Statutes, is amended to read:
   46         102.166 Manual recounts of overvotes and undervotes.—
   47         (4)
   48         (b) The Department of State shall adopt specific rules for
   49  the federal write-in absentee ballot and for each certified
   50  voting system prescribing what constitutes a “clear indication
   51  on the ballot that the voter has made a definite choice.” The
   52  rules shall be consistent, to the extent practicable, and may
   53  not:
   54         1. Authorize the use of any electronic or electromechanical
   55  reading device to review a hybrid voting system ballot that is
   56  produced using a voter interface device and that contains both
   57  machine-readable fields and machine-printed text of the contest
   58  titles and voter selections, unless the printed text is
   59  illegible;
   60         2. Exclusively provide that the voter must properly mark or
   61  designate his or her choice on the ballot; or
   62         3.2. Contain a catch-all provision that fails to identify
   63  specific standards, such as “any other mark or indication
   64  clearly indicating that the voter has made a definite choice.”
   65         Section 4. This act shall take effect January 1, 2020.