Florida Senate - 2021 SB 1698
By Senator Torres
15-01084-21 20211698__
1 A bill to be entitled
2 An act relating to preservation of ballots and digital
3 images of ballots; amending s. 102.166, F.S.;
4 requiring each supervisor of elections to preserve
5 certain ballots and digital images of ballots for a
6 specified period following an election subject to a
7 manual recount; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (1) of section 102.166, Florida
12 Statutes, is amended to read:
13 102.166 Manual recounts of overvotes and undervotes.—
14 (1) If the second set of unofficial returns pursuant to s.
15 102.141 indicates that a candidate for any office was defeated
16 or eliminated by one-quarter of a percent or less of the votes
17 cast for such office, that a candidate for retention to a
18 judicial office was retained or not retained by one-quarter of a
19 percent or less of the votes cast on the question of retention,
20 or that a measure appearing on the ballot was approved or
21 rejected by one-quarter of a percent or less of the votes cast
22 on such measure, a manual recount of the overvotes and
23 undervotes cast in the entire geographic jurisdiction of such
24 office or ballot measure shall be ordered unless:
25 (a) The candidate or candidates defeated or eliminated from
26 contention by one-quarter of 1 percent or fewer of the votes
27 cast for such office request in writing that a recount not be
28 made; or
29 (b) The number of overvotes and undervotes is fewer than
30 the number of votes needed to change the outcome of the
31 election.
32
33 The Secretary of State is responsible for ordering a manual
34 recount for federal, state, and multicounty races. The county
35 canvassing board or local board responsible for certifying the
36 election is responsible for ordering a manual recount for all
37 other races. A manual recount consists of a recount of marksense
38 ballots or of digital images of those ballots by a person. Each
39 supervisor of elections shall require the preservation of all
40 marksense ballots and digital images of those ballots for a
41 period of at least 22 months after an election.
42 Section 2. This act shall take effect July 1, 2021.