§ 101.5605 Examination and approval of equipment.
Overview of Statute
(1) The Department of State shall publicly examine all makes of electronic or electromechanical voting systems submitted to it and determine whether the systems comply with the requirements of s. 101.5606.
s. 5, ch. 73-156; s. 21, ch. 77-175; s. 9, ch. 84-302; s. 12, ch. 85-80; s. 9, ch. 89-348; s. 577, ch. 95-147; s. 31, ch. 2011-40; s. 7, ch. 2013-57.
- voting technology
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for Voting System
3. Definition for 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).
4. Definition for 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).
5. Definition for Person
An individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term includes a political party, affiliated party committee, or political committee. Fla. Stat. § 106.011(14).
6. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
7. Definition for Software
As used in the Electronic Voting Systems Act, software means the programs and routines used to employ and control the capabilities of data processing hardware, including, without limitation, operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, and computer networking programs. Fla. Stat. § 101.5603(7).
Case Name: Wexler v. Lepore
Citation: 878 So.2d 1276
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.
Case Name: Florida Democratic Party v. Hood
Citation: 342 F.Supp.2d 1073
Federal District Court: Northern District of Florida
Case Summary: Florida Democratic Party v. Hood held that the Florida Democratic Party had standing to sue on behalf of voters who would be denied the chance to cast provisional ballots; that HAVA did not require ballots cast in wrong precincts to be counted; that HAVA did require that voters who thought they were registered be given the chance to cast provisional ballots; and that requirements for issuing a preliminary injunction requiring the distribution of provisional ballots were satisfied, after the Party sued Florida, seeking a preliminary injunction preventing election workers from denying provisional ballots to prospective voters who they believed were not registered.
Case Name: Wexler v. Lepore (federal)
Citation: 342 F. Supp. 2d 1097
Federal District Court: Southern District of Florida
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
Fla. Jur. 2d Elections s 148, Adoption and approval of system
Fla. Jur. 2d Elections s 148.50, Defects