Title: Voting Systems

Summary: Authorizes counties to count ballots by hand at precinct level; prohibits DOS from approving certain voting systems; requires DOS to make certain information & materials available to public on its website; deletes public records exemption that applies to certain software on file with DOS; provides that software is public record & must be provided at actual cost of duplication.

Full Text:
An act relating to voting systems; amending s. 101.5604, F.S.; authorizing counties to count ballots by hand at the precinct level; amending s. 101.5605, F.S.; prohibiting the Department of State from approving certain voting systems; amending s. 101.5607, F.S.; requiring the department to make certain information and materials available to the public on its website; deleting a public records exemption that appli es to certain software on file with the department; providing that certain software is a public record and must be provided at the actual cost of duplication; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 101.5604, Florida Statutes, is amended to read: 101.5604 Adoption of system; procurement of equipment; commercial tabulations.-The board of county commissioners of any county, at any regular meeting or a special meeting called for the purpose, may, upon consultation with the supervisor of elections, adopt, purchase or otherwise procure, and provide for the use of any electronic or electromechanical voting system approved by the Department of State in all or a portion of the HB 2024 election pre cincts of that county. Thereafter the electronic or electromechanical voting system may be used for voting at all elections for public and party offices and on all measures and for receiving, registering, and counting the votes thereof in such election pre cincts as the governing body directs. A county may must use an electronic or electromechanical precinct-count tabulation voting system or may count ballots by hand at the precinct level.Section 2. Subsection (5) is added to section 101.5605, Florida Statutes, to read: 101.5605 Examination and approval of equipment.-(5) The Department of State may not approve any voting system that: (a) Incorporates hardware or software that is designed, produced, owned, or licensed by an entity that is owned, operated, or majority-controlled by a foreign company or a domestic company registered in another country, including a domesticated foreign corporation, or by a person who is not a United States citizen. (b) Is produced, in whole or in part, including soft ware, hardware, tabulating equipment, printers, and any other accessories, in a foreign country. Section 3. Section 101.5607, Florida Statutes, is amended to read: 101.5607 Department of State to maintain voting system HB 2024 information; prepare software.-(1)(a) Copies of the program codes and the user and operator manuals and copies of all software and any other information, specifications, or documentation required by the Department of State relating to an approved electronic or electromechanical votin gsystem and its equipment must be filed with the Department of State by the supervisor of elections at the time of purchase or implementation. Any such information or materials that are not on file with and approved by the Department of State, including a ny updated or modified materials, may not be used in an election. Such information and materials must be made available to the public on the Department of State's website at least months before an election in which it will be used. (b) Within hours after the completion of any logic and accuracy test conducted pursuant to s. 101.5612, the supervisor of elections shall send by certified mail to the Department of State a copy of the tabulation program which was used in the logic and accuracy testing. (c) The Department of State may, at any time, review the voting system of any county to ensure compliance with the Electronic Voting Systems Act. (d) Section 119.071(1)(f) applies to all software on file with the Department of State. (2)(a) The Department of State may develop software for HB 2024 use with an electronic or electromechanical voting system. The standards and examination procedures developed for software apply to all software developed by the Department of State. (b) Software prepared, and software held pursuant to paragraph (1)(a), by the Department of State is a public record pursuant to chapter and must shall be provided at the actual cost of duplication. Section 4. This act shall take effect July 1, 2024.