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florida > The Florida Election Code > Voting Methods And Procedure

§ 101.5607 Department of State to maintain voting system information; prepare software.

Overview of Statute

This statute states that it is the Department of State’s responsibility to maintain voting system information. The Department of State can also review the voting system of any county at any time to make sure it complies with the Electronic Voting Systems Act. Further, the Department of State can develop its own software for electronic voting systems, and that software is a public record.

Statute

(1)

(a) Copies of the program codes and the user and operator manuals and copies of all software and any other information, specifications, or documentation required by the Department of State relating to an approved electronic or electromechanical voting system and its equipment must be filed with the Department of State by the supervisor of elections at the time of purchase or implementation. Any such information or materials that are not on file with and approved by the Department of State, including any updated or modified materials, may not be used in an election.

(b) Within 24 hours after the completion of any logic and accuracy test conducted pursuant to s.101.5612, the supervisor of elections shall send by certified mail to the Department of State a copy of the tabulation program which was used in the logic and accuracy testing.
(c) The Department of State may, at any time, review the voting system of any county to ensure compliance with the Electronic Voting Systems Act.
(d) Section 119.071(1)(f) applies to all software on file with the Department of State.
(2)
(a) The Department of State may develop software for use with an electronic or electromechanical voting system. The standards and examination procedures developed for software apply to all software developed by the Department of State.
(b) Software prepared by the Department of State is a public record pursuant to chapter 119 and shall be provided at the actual cost of duplication.

History:

s. 7, ch. 73-156; s. 21, ch. 77-175; s. 4, ch. 82-143; s. 11, ch. 84-302; s. 11, ch. 89-348; s. 25, ch. 90-344; s. 21, ch. 95-398; s. 19, ch. 2001-40; s. 32, ch. 2004-335; s. 41, ch. 2005-251.

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 [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.

Definition [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.

Cases

florida Cases

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

Regulations & Guidance

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 147, Generally

  • Fla. Jur. 2d Records and Recording Acts s 129, Trade secret and proprietary information