Title: Voting Methods

Summary: Provides that voting must be conducted using marking device or voter interface device that produces voter-verifiable paper output; revises requirements for Department of State rules regarding manual recounts of certain ballots.

Full Text:
An act relating to voting methods; amending s. 97.021, F.S.; revising the definition of the term "voter interface device"; amending s. 101.56075, F.S.; providing that voting must be conducted using a marking device or voter interface device that produces a voter-verifiable paper output; amending s. 102.166, F.S.; revising requirements for Department of State rules regarding manual recounts of certain ball ots; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (41) of section 97.021, Florida Statutes, is amended to read: 97.021 Definitions.-For the purposes of this code, except where the context clearly indicates otherwise, the term: (41) "Voter interface device" means any device that communicates voting instructions and ballot information to a voter and allows the voter to select and vote for candidates and issues. A voter interface dev ice may not be used to tabulate votes. Any vote tabulation must be based upon a subsequent scan of the marked marksense ballot or the voter-verifiable paper output after the voter interface device process has been completed. CS/HB 2019 Section 2. Section 101.5607 5, Florida Statutes, is amended to read: 101.56075 Voting methods.-For the purpose of designating ballot selections (1) Except as provided in subsection (2),all voting must shall be by marksense ballot,using utilizing a marking device or a voter inte rface device that produces a voter-verifiable paper output and for the purpose of designating ballot selections. (2) Persons with disabilities may vote on a voter interface device that meets the voting system accessibility requirements for individuals wi th disabilities pursuant to s. of the federal Help America Vote Act of 2002 and s. 101.56062. (3) By 2020, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilit ies under s. of the federal Help America Vote Act of 2002 and s. 101.56062 which are consistent with subsection (1) of this section.Section 3. Paragraph (b) of subsection (4) of section 102.166, Florida Statutes, is amended to read: 102.166 Manu al recounts of overvotes and undervotes.-(4) (b) The Department of State shall adopt specific rules for the federal write-in absentee ballot and for each certified CS/HB 2019 voting system prescribing what constitutes a "clear indication on the ballot that the vo ter has made a definite choice." The rules shall be consistent, to the extent practicable, and may not: 1. Authorize the use of any electronic or electromechanical reading device to review a hybrid voting system ballot that is produced using a voter inte rface device and that contains both machine-readable fields and machine printed text of the contest titles and voter selections, unless the printed text is illegible; 2. Exclusively provide that the voter must properly mark or designate his or her choice on the ballot; or 3.2. Contain a catch-all provision that fails to identify specific standards, such as "any other mark or indication clearly indicating that the voter has made a definite choice." Section 4. This act shall take effect January 1, 2020.