5904213, 1S-5.026 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 5904213

Notice of Proposed Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Chapter:

CERTIFICATION OF ELECTRONIC OR ELECTROMECHANICAL VOTING SYSTEMS

Overview

RULE:

1S-5.026

Post-Election Certification Voting System Audit

PURPOSE:

This new rule is necessary to implement the provisions of s. 8 of Chapter 2008-95, Laws of Florida, which substantially revised Section 101.591, Florida Statutes, relating to voting system audits. Under the pre-2008 version of Section 101.591, Florida Statutes, the Legislature could, subject to appropriations, direct that an independent voting system audit be conducted at any time. An audit was deemed to include a study and evaluation of the voting system to assess and affirm that the voting system properly counted the votes and provided safeguards against unauthorized manipulation. No directive existed to adopt rules.
In 2008, the Florida Legislature substantially revised the section to require that county or local canvassing boards conduct a voting system audit after every election based on randomly selected races on the ballot and precincts. The audit is required to be conducted within 7 days of election certification. The purpose of the new rule is to provide uniform procedures to the county canvassing board or local canvassing board to conduct voting system audits. The language in the proposed rule tracks the language in emergency Rule 1SER08-4, also entitled “Post-Election Certification Voting System” that was adopted and became effective on July 1, 2008.

SUMMARY:

This new rule provides the specific procedures necessary to implement the legislative intent to conduct a voting system audit in every election by randomly selecting a race and precincts and to report on the overall accuracy of such system and to identify problems or discrepancies, if any.

RULEMAKING AUTHORITY:

20.10(3), 97.012(1), 101.591, 101.5911 FS.

LAW:

101.591 FS.

PRINT PUBLISH DATE:

7/25/2008 Vol. 34/30

COMMENTS:

From 7/25/2008 To 8/15/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.