RULE NO.:RULE TITLE:
1S-2.031Recount Procedures
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 155, August 11, 2015 issue of the Florida Administrative Register.
Changes were made to (2)(b) as follows:
(b) Security of ballots. The Supervisor of Elections shall ensure the security of the ballots at all times during of a recount including recess and adjournment of the canvassing board.
Changes were made to (2)(g) as follows:
(g) Recording and minutes. The activities of the canvassing board in making determinations of ballots to be counted shall be recorded by either audio or audio/video tape. In addition, the minutes of a manual recount shall be made and approved by the canvassing board. All tapes and minutes are public record.
Changes were made to (3)(b)1.e. as follows:
e. The candidate or chairperson, informing them that they will have to contact the supervisor of elections in each county involved in the recount to find out the date, time, and location of the recount in that county.
Changes were made to (3)(c)(4) as follows:
4. If the recount involves only a municipal election, the notice also shall be posted on the municipal clerk’s website or through a link to the notice on the clerk’s homepage, at the public entrance to the building where the city clerk’s office is located, and in at least three other conspicuous locations in the municipality such as at a community center, public library, city park, and city hall.
Changes were made to (4)(b)1.a.-b. as follows:
1.a. The supervisor of elections shall change the election parameters so that all the ballots for the recounted race can be tabulated and all the ballots containing overvotes and undervotes in the recounted race can be outstacked from the other ballots and counted. If a race involves a contest where a voter may properly vote for more than one candidate, the overvotes and undervotes must be manually counted if the voting system’s election results report does not permit a determination of the number of overvotes and undervotes.
b. In the case of a race to be recounted that includes a contest where a voter may properly vote for more than one candidate, overvotes and undervotes must first be outstacked. Once tabulation is complete, the ballots outstacked for undervotes must then be tabulated by overriding the rejection such that valid votes can be included in the tabulation. These outstacked ballots must remain segregated in the event that a manual recount becomes necessary.
Changes were made to (4)(c)1.a.-b. as follows:
1.a. The supervisor of elections shall change the election parameters so that all the ballots for the recounted race or races can be tabulated and all the ballots containing overvotes and undervotes in the recounted race or races can be outstacked from the other ballots and counted. If a race involves a contest where a voter may properly vote for more than one candidate, the overvotes and undervotes must be manually counted if the voting system’s election results report does not permit a determination of the number of overvotes and undervotes.
b. In the case of a race to be recounted that includes a contest where a voter may properly vote for more than one candidate, overvotes and undervotes must first be outstacked. Once tabulation is complete, the ballots outstacked for undervotes must then be tabulated by overriding the rejection such that valid votes can be included in the tabulation. These outstacked ballots must remain segregated in the event that a manual recount becomes necessary.
Changes were made to (4)(d)3. as follows:
3. The canvassing board shall determine the total combined number of overvotes and undervotes ballots for each race. If the race is a statewide or multicounty race, each canvassing board shall notify the Secretary of State of the number of overvotes and undervotes in the county for the affected race.
Changes were made to (4)(f) as follows:
(f) Machine recount of hybrid voting system’s paper outputs. The procedures for a machine recount of the paper output from a hybrid voting system are identical to those as specified in subparagraphs (b), (c), and (d), above, as applicable. If the hybrid voting system’s paper output is identical to the optical scan ballot mentioned in this paragraph, the paper output may be treated as an optical scan ballot for the recount.
Changes were made to (5)(c)3.c.(i)-(ii) as follows:
(i) If a Each ballot is set aside because the team is unable to determine that there is a clear indication that the voter has made a definite choice or because a representative objected to the counting team’s decision, the ballot must be placed in one or more containers (envelopes, folders, tubs, bins, baskets, etc.) designated for undetermined ballots or ballots for which there is an objection.
(ii) The designated container envelope may each contain one or more ballots at the canvassing board’s discretion; however, if not already located on the ballot itself, the container envelope or a separate paper contained in the envelope for each ballot therein must include the precinct number, why the team is unable to make the determination, and the names of the counting team’s members. In addition, if the ballot is placed in the container because there was an objection to the counting team’s determination, the container or separate paper for each such ballot therein If a ballot is set aside because a representative objected to the counting team’s decision, must be placed in one or more envelopes, designated for undetermined ballots or ballots for which there is an objection the envelope or the separate paper contained in the envelope for each ballot therein must include the precinct number, the names of the counting team’s members, the counting team’s initial determination, the reasoning behind the challenge and the name and representative capacity of the person bringing the challenge.
Changes were made to (5)(c)7. as follows:
7. The canvassing board shall re-examine the outstacked ballots for which a determination of a voter’s choice could not be made. Based on that re-examination, the board shall notify the Division of Elections to determine if the standards for determining a voter’s choice as set forth in law or adopted by rule as mandated in sections 102.166(4), and 101.6952(2), F.S., should be revised to better determine the voter’s choice on those outstacked ballots. The notification shall occur at the same time the canvassing board files the report on the conduct of the election pursuant to section 102.141(9), F.S.
Changes were made to (5)(d)6.c.(i)-(ii) as follows:
(i) If a Each ballot is set aside because the team is unable to determine that there is a clear indication that the voter has made a definite choice or because a representative objected to the counting team’s decision, the ballot must be placed in one or more containers (envelopes, folders, tubs, bins, baskets, etc.) designated for undetermined ballots or ballots for which there is an objection.
(ii) The designated container envelope may each contain one or more ballots at the canvassing board’s discretion; however, if not already located on the ballot itself, the container envelope or a separate paper contained in the envelope for each ballot therein must include the precinct number, why the team is unable to make the determination, and the names of the counting team’s members. In addition, if the ballot is placed in the container because there was an objection to the counting team’s determination, the container or separate paper for each such ballot therein If a ballot is set aside because a representative objected to the counting team’s decision, must be placed in one or more envelopes, designated for undetermined ballots or ballots for which there is an objection the envelope or the separate paper contained in the envelope for each ballot therein must include the precinct number, the names of the counting team’s members, the counting team’s initial determination, the reasoning behind the challenge and the name and representative capacity of the person bringing the challenge.
Changes were made to (5)(d)10.a. as follows:
10. If there is another race to be manually recounted, following the first manual recount:
a. The canvassing board or its representatives shall ensure that stamp or make an identifying mark or color next to the ballot title (in an area that will not interfere with the counting of the ballot) on each sorted ballot from the first manual recount can be to indicate that the ballot was manually recounted for additional races, as necessary a particular race.
Changes were made to (5)(e)1. and (5)(e)1.a. as follows:
(e) Touchscreen ballot manual recounts.
1. The canvassing board shall apply the following standards to determine whether there is a clear indication on the ballot text image report that the voter has made a definite choice to overvote or undervote:
a. A definite choice not to cast an overvote is clearly indicated either by the presence on the ballot text image of a selection in the race or issue, or of an indication of an undervote in the manner prescribed by subparagraph b. Because Since touchscreen voting systems do not permit a voter to cast an overvote, the canvassing board shall accept the machine recount as conclusive that no overvotes were cast in the manually recounted race.
Changes were made to (5)(e)1.b.(iii) as follows:
(iii) AccuVote TSx DRE touchscreen’s ballot image is a representative ballot with a clear indication that the voter made a definite choice to undervote by the absence of an “X” within the brackets ([ ]) located next to the candidates or choices for the affected race or issue, or by the presence on the ballot image of Xs within the brackets located next to the candidates for the affected race which total a number less than the number of candidates for which the voter is permitted to cast a vote.
