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florida > The Florida Election Code > Voting Methods And Procedure

§ 101.5604 Adoption of system; procurement of equipment; commercial tabulations.

Overview of Statute

This statute states that the board of county commissioners are allowed to purchase any electronic voting system approved by the Department of state, in consultation with the supervisor of elections. This voting system can then be used for voting in all elections. Note that counties must use electronic or electromechanical precinct-count tabulation voting systems.

Statute

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 election precincts 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 precincts as the governing body directs. A county must use an electronic or electromechanical precinct-count tabulation voting system.

History:

s. 4, ch. 73-156; s. 21, ch. 77-175; s. 16, ch. 2001-40.

Definition [Department]

The Department of State.

Definition [Supervisor]

The supervisor of elections.

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.
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.

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election.

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.

Cases

florida Cases

Case Name: Sarasota Alliance for Fair Elections, Inc. v. Browning

Citation: 28 So.3d 880

Year: 2010

Case URL: https://www.ravellaw.com/opinions/d7674593077064c593b61614ebd3b14a

Case Summary: Sarasota Alliance for Fair Elections, Inc. v. Browning held that the state’s Election Code does not preempt the field of election law.

Case Name: Wexler v. Lepore

Citation: 878 So.2d 1276

Year: 2004

Case URL: https://www.ravellaw.com/opinions/a64f9a0c363eae4d70f7c6981b8b7616

Case Summary: Wexler v. Lepore held that the Secretary of State had statutory authority under the Electronic Voting Rights Act to handle how recounts would be conducted. As such, Weller's suit was dismissed.

Out-of-State Cases

Federal Cases

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