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florida > The Florida Election Code > Voting Methods And Procedure

§ 101.294 Purchase and sale of voting equipment.

Overview of Statute

This statute governs the purchase and sale of voting equipment. The Division of Elections is responsible for adopting rules for the purchase, use, and sale of voting equipment. Governing bodies can only purchase voting equipment that has already been certified for use by the Department of State.

Statute

(1) The Division of Elections of the Department of State shall adopt uniform rules for the purchase, use, and sale of voting equipment in the state. No governing body shall purchase or cause to be purchased any voting equipment unless such equipment has been certified for use in this state by the Department of State.

(2) Any governing body contemplating the purchase or sale of voting equipment shall notify the Division of Elections of such considerations. The division shall attempt to coordinate the sale of excess or outmoded equipment by one county with purchases of necessary equipment by other counties.
(3) The division shall inform the governing bodies of the various counties of the state of the availability of new or used voting equipment and of sources available for obtaining such equipment.
(4) A vendor of voting equipment may not provide an uncertified voting system, voting system component, or voting system upgrade to a local governing body or supervisor of elections in this state.
(5) Before or in conjunction with providing a voting system, voting system component, or voting system upgrade, the vendor shall provide the local governing body or supervisor of elections with a sworn certification that the voting system, voting system component, or voting system upgrade being provided has been certified by the Division of Elections.

History:

s. 2, ch. 72-303; s. 19, ch. 73-156; s. 17, ch. 77-175; s. 6, ch. 84-302; s. 31, ch. 2005-277.

Definition [Voting System]
A method of casting and processing votes that functions wholly or partly by use of electromechanical or electronic apparatus or by use of marksense ballots and includes, but is not limited to, the procedures for casting and processing votes and the programs, operating manuals, supplies, printouts, and other software necessary for the system’s operation. Fla. Stat. § 97.021(45).
Definition [Governing Body]

As used in ss. 101.292-101.295, “governing body” means the board of county commissioners of a county or any other governing body empowered by general or special act or local ordinance to purchase or sell voting equipment. Fla. Stat. § 101.292(1).

Definition [Voting Equipment]

As used in ss. 101.292-101.295, “voting equipment” means electronic or electromechanical voting systems, voting devices, and automatic tabulating equipment as defined in s. 101.5603, as well as materials, parts, or other equipment necessary for the operation and maintenance of such systems and devices, the individual or combined retail value of which is in excess of the threshold amount for CATEGORY TWO purchases provided in s. 287.017. Fla. Stat. § 101.292(2).

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).

Definition [Purchase]

As used in ss. 101.292-101.295, “purchase” means a contract for the purchase, lease, rental, or other acquisition of voting equipment. Fla. Stat. § 101.292(3).

Cases

florida Cases

Out-of-State Cases

Federal Cases

Case Name: American Ass’n of People with Disabilities v. Harris

Citation: 647 F.3d 1093

Federal Circuit Court: 11th Circuit Court

Year: 2011

Case URL: https://www.ravellaw.com/opinions/9a1c0860c5cc9569a28ed40a52bd0a54?query=647%20F[...]

Case Summary: American Association of People with Disabilities v. Harris held that voting machines are not facilities because the structure of DOJ regulations, the DOJ's non-binding guidance, and cases defining facility all suggested that only permanent, physical structure and fixed items attached to those structures were facilities that could be altered, so it was error to grant relief on that basis.

Case Name: Wexler v. Anderson

Citation: 452 F.3d 1226

Federal Circuit Court: 11th Circuit Court

Year: 2006

Case URL: https://www.ravellaw.com/opinions/4bdc86e343b5d929a2cddfb707162b60?query=Wexler%[...]

Case Summary: Wexler v. Anderson held that Florida's manual recount procedures did not violate equal protection because, as to the possibility that should voters in touchscreen counties cast residual ballots, those ballots would receive a different and possibly inferior type of review in a manual recount was not enough of a burden to make strict scrutiny appropriate; and the procedures were justified by Florida's regulatory interests.

Case Name: Wexler v. Lepore (federal)

Citation: 342 F. Supp. 2d 1097

Federal District Court: Southern District of Florida

Year: 2004

Case URL: https://www.ravellaw.com/opinions/d62da39f2d02d9313ee18e623a681e91

Case Summary: Wexler v. Lepore held that Florida's updated standards for manual recounts in counties that used touchscreen or optical scan systems complied with the 5th and 14th Amendments' equal protection requirements because the standards were uniform and non-differential.

Regulations & Guidance

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 148, Adoption and approval of system

  • “Procurement and the Polls: How Sharing Responsibility fo Acquiring Voting Machines Can Improve and Restore Confidence in American Voting Systems” 97 Geo. L.J. 877