Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1S - Division of Elections › Chapter 1S-2 - ELECTIONS › Section 1S-2.031 - Recount Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
Procedures
. The Department of State, Division of Elections, is
				required to adopt detailed rules prescribing additional recount procedures for
				certified voting systems, which shall be uniform to the extent practicable.
				Form DS-DE 405 (effective 06/22), entitled "Recount Procedures Manual, " is
				hereby incorporated by reference and available at the following link:
https://www.flrules.org/Gateway/reference.asp?No=Ref-14411
.
				The form is also available by download from the Division of Elections' rules
				webpage at:
http://dos.myflorida.com/elections/
,
				by requesting a copy by phone (850)245-6200 or by mail from the Division of
				Elections, R.A. Gray Building, Room 316, 500 South Bronough Street,
				Tallahassee, Florida 32399-0250.
(2)
Requirements for certification and
				use of an independent recount tabulation system for recounts
. The
				Department of State, Division of Elections, is required to adopt procedures for
				certification and use of automatic tabulating equipment that is not part of a
				voting system.
(a) Certifying body. Any person
				desiring to have an independent recount tabulation system approved for use in
				Florida shall submit a letter to the Bureau of Voting Systems Certification,
				Division of Elections, Department of State, requesting certification and
				providing the independent recount tabulation system's technical data package
				and other items as deemed necessary to determine whether the system will be
				recommended for this purpose in the state.
(b) Criteria. The independent recount
				tabulation system must satisfy the following criteria prior to certification:
1. Be completely independent of any voting
				system certified in the State of Florida. The independent recount tabulation
				system must not contain any proprietary election-related hardware or software
				in common with a voting system certified for use in the State of Florida. Any
				commercially available software or hardware shared between the two systems must
				not be modified. However, information used to decode the ballot artwork and any
				barcoding schemes on ballots may be shared from the primary vote tabulation
				system to the independent recount system.
2. Be capable of tabulating ballots produced
				by the primary voting system.
3.
				Comply with the certification standards for a central count tabulator pursuant
				to Section  101.015, F.S., and Rule
				 1S-5.001, F.A.C.
4. Be fast enough to produce final, public
				recount results no later than the statutory deadline.
5. Be capable of operating without vendor
				support to use the system. If desired, however, a county may choose to use the
				independent recount tabulation system's vendor support.
6. Be capable of examining marked ballots to
				determine a valid vote, no vote, and marginal mark.
7. Be capable of physically or digitally
				segregating unreadable ballots, and physically or digitally segregating
				overvoted or undervoted ballots pursuant to Section
				 102.166, F.S.
8. Be capable of displaying or reporting
				results only for those races that are being recounted.
9. Be capable of identifying the physical
				storage location of each specific ballot based on the designated paper ballot
				image if digital images are used.
10. By January 1, 2023, all independent
				recount tabulation systems submitted for certification in the State of Florida
				must be capable of producing election results and precinct-level election
				results pursuant to Section
				 98.0981, F.S., and Rule
				 1S-2.053, F.A.C.
11. Reflect that the recount results will be
				uniform for all properly marked ballots regardless of which approved scanner is
				used.
12. All examination and
				testing of the independent recount tabulation system shall occur in
				Tallahassee, Florida, at a location provided by the vendor, unless examination
				and testing can be conducted at the Bureau of Voting Systems Certification's
				physical location. If there are associated costs beyond this, the vendor shall
				reimburse the Department of State an amount equal to the actual costs incurred
				by the department in its testing and examination of the independent recount
				tabulation system. Reimbursable actual costs of testing include reasonable
				travel costs such as lodging, car rental, parking, gas, airfare, travel-related
				fees and in the case of meals, not to exceed the per diem rate established per
				Section  112.061(6),
				F.S.
(c) Notice. Notice
				of approval or denial will be provided within 45 days after all examination and
				testing of the independent recount tabulation system is completed.
(d) Authorized sale and use. After
				certification of an independent recount tabulation system, any changes to the
				system require the new system to be submitted to the Bureau of Voting Systems
				Certification for testing and certification prior to use in the State of
				Florida. No governing body shall purchase or cause to be purchased any
				independent recount tabulation system unless such equipment has been certified
				for use in this state by the Department of State. A vendor of automatic
				independent recount tabulation systems may not provide an uncertified recount
				system, recount system component, or recount system upgrade to a local
				governing body or supervisor of elections for official use in this
				state.