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florida > The Florida Election Code > Voting Methods And Procedure

§ 101.56042 Punch card type systems prohibited.

Overview of Statute

This statute states that as of September 2, 2002, voting systems that employ the use of piercing ballots by the voter are not allowed in the state of Florida.

Statute

Effective September 2, 2002, a voting system that uses an apparatus or device for the piercing of ballots by the voter may not be used in this state.

History:

s. 17, ch. 2001-40.

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 [Ballot]

As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded. Fla. Stat. § 101.5603(2).

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.