Florida Senate - 2020                                    SB 1840
       By Senator Powell
       30-00636A-20                                          20201840__
    1                        A bill to be entitled                      
    2         An act relating to election security measures;
    3         creating s. 101.5617, F.S.; prohibiting the use of
    4         electronic poll books that are not approved by the
    5         Department of State beginning with the 2022 primary
    6         election; requiring the department to adopt rules that
    7         meet certain minimum criteria; defining the term
    8         “risk-limiting audit”; establishing the risk-limiting
    9         audit pilot program to be administered by the
   10         department; requiring a participating county to submit
   11         a report to the department following completion of the
   12         audit; requiring the department to submit a report to
   13         the Governor and the Legislature by a specified date;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 101.5617, Florida Statutes, is created
   19  to read:
   20         101.5617 Electronic poll book approval.—
   21         (1) Beginning with the 2022 primary election and each
   22  election thereafter, an electronic poll book may not be used as
   23  a precinct register unless it is approved for such use by the
   24  department.
   25         (2) The department shall adopt rules for the approval of an
   26  electronic poll book which provide that the electronic poll
   27  book, at a minimum, must:
   28         (a) Be secure from unauthorized intrusion.
   29         (b) Contain all information required to be included in a
   30  precinct register under s. 98.461(2).
   31         (c) Be compatible with the statewide voter registration
   32  system and securely transmit changes to a voter’s voting history
   33  to the voter registration system.
   34         (d) Be compatible with a form or device provided by the
   35  supervisor to capture an elector’s signature in accordance with
   36  s. 101.5608(1).
   37         Section 2. Risk-limiting audit pilot program.—
   38         (1) As used in this section, the term “risk-limiting audit”
   39  means an audit protocol that makes use of statistical methods to
   40  manually check a sample of ballots or voter-verifiable paper
   41  output from a voter interface device and is designed to limit to
   42  acceptable levels the risk of certifying a preliminary election
   43  outcome that constitutes an incorrect outcome.
   44         (2) The Department of State shall conduct a pilot program
   45  for the 2020 general election to assess the effectiveness of
   46  risk-limiting audits as opposed to the post-election auditing
   47  methods provided under existing law. In consultation with the
   48  Florida State Association of Supervisors of Elections, the
   49  department shall designate at least five but not more than seven
   50  counties for participation in the pilot program. To the extent
   51  possible, the department shall endeavor to select counties of
   52  varying sizes that use various voting systems for participation
   53  in the pilot program. Participation by a county in the pilot
   54  program is voluntary.
   55         (3) A county that participates in the pilot program shall
   56  conduct a public risk-limiting audit following completion of the
   57  voting system audit required under s. 101.591, Florida Statutes.
   58  Within 15 days after completion of the risk-limiting audit, the
   59  supervisor of elections of a participating county shall submit a
   60  report to the Department of State detailing the results of the
   61  risk-limiting audit and the procedures and methods followed in
   62  conducting the audit.
   63         (4) By October 1, 2021, the Department of State shall
   64  submit a report detailing the results of the pilot program to
   65  the Governor, the President of the Senate, the Speaker of the
   66  House of Representatives, and the chairs of the legislative
   67  committees having jurisdiction over election law. Additionally,
   68  the report must address the effectiveness and efficiency of the
   69  risk-limiting audit as compared with the audits conducted in the
   70  same election pursuant to s. 101.591, Florida Statutes.
   71         Section 3. This act shall take effect July 1, 2020.