RULE NO.:RULE TITLE:
1S-5.026Post-Election Certification Voting System Audit
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. 39, No. 242, December 16, 2013 issue of the Florida Administrative Register.
The original publication of this rule was approved by both Kenneth Detzner, Secretary of State, and Maria Matthews, Director of the Division of Elections.
1S-5.026 Post-Election Certification Voting System Audit.
(1) General application.
(a) through (b) No change.
(2) Definitions.
(a) through (d) No change.
(e) “Ballot type” means an early voting, election day, or absentee ballot. Provisional ballots cast in the election may are to be grouped with early voting, election day, or absentee ballots, as applicable. Overseas absentee ballots are to be grouped with other absentee ballots.
(f) through (g) No change.
(h) “Election definition” means the voting system tabulator’s code programmed for a unique election.
(i)(h) “Independent” means that the audit system is not part of the county voting system’s tabulation devices or a similar type of tabulation device using the same election definition.
(j)(i) “Indeterminate vote” means a marginal mark on a ballot where the Board believes the voting system may not have tabulated a choice in a race.
(k)(j) “Manual audit” means a public manual tally of the votes cast in one randomly selected race that appears on a ballot in one or more randomly selected precincts.
(l)(k) “Marginal mark” means a mark other than a prescribed mark (e.g., a solid dark filled oval), which the tabulator or automated independent audit system may or may not interpret as the voter’s choice in a race.
(m)(l) “Marksense ballot” has the meaning ascribed in Section 97.021(4), F.S.
(n)(m) “No vote” means that there is no mark and the voter did not make a selection for any candidate or issue in a race.
(o)(n) “Paper ballot image” means an electronic record of the content of a marksense ballot cast by a voter and recorded by the voting device.
(p)(o) “Race” means any contest for filling a candidate office or voting on an issue. Races for state or county executive committees of political parties are not included since these races do not constitute races for candidates pursuant to Section 97.021(5), F.S.
(q)(p) “Technical data package” means the automated independent audit system’s description, software source code, executables, software configuration management system, description for creating the election definition and its required input and output, and description of the scanning devices.
(r)(q) “Valid vote” means it could be determined from the mark that the voter has made a definite choice in a race.
(3) Forms.
(a) The following forms are used in this rule and are incorporated by reference:
1. Form DS-DE 105 A, entitled “Manual Audit Team Worksheet for Direct Recording Electronic Ballots” (eff. 01/2014). [insert hyperlink]
2. Form DS-DE 105 B, entitled “Manual Audit Team Worksheet for Marksense Ballots” (eff. 01/2014). [insert hyperlink]
3. Form DS-DE 106, entitled “Precinct Summary for Manual Audit” (eff. 01/2014). [insert hyperlink]
4. Form DS-DE 106A, entitled “Discrepancy Report Summary for Automated Independent Audit” (eff. 01/2014). [insert hyperlink]
5. Form DS-DE 107 entitled “Post-Election Certification Voting System Post-Election Audit Report” (eff. 01/2014). [insert hyperlink]
(b) No change.
(4) General Procedures. The following procedures apply to both a manual audit and an automated audit except to the extent that the context states otherwise:
(a) The Board shall publish at least a 24-hour advance notice of the meeting to conduct the audit including the random selection of the race(s) and precincts respective to the applicable audit. The notice may be published before the official certification of the election results but neither the random selection nor the manual audit or the review of the audit result in an automated independent audit can occur until after the certification. The notice shall include the date, time and place for each meeting. Notice shall be posted in four conspicuous places in the county and on the home page of the county supervisor of elections’ website. A link to the notice on the county supervisor of election’s homepage will satisfy the website notice requirement.
(b) through (d) No change.
(e) A majority of the Board shall be present at all times until the manual audit is completed or when a review of the automated independent audit results occurs, whichever is applicable to the audit method being used.
(f) through (k) No change.
(l) Before beginning an audit, the Board shall verify an accurate ballot count exists between the number of ballots cast in the applicable precincts and races and the number of ballots to be audited. In the event that the ballot count does not match, the Board shall determine if the difference in the ballot count is ½ of 1% or more of the total ballots, as indicated by the voting system or the audit, whichever is less. If the difference is ½ of 1% or more, the Board must investigate to determine if it can resolve the discrepancy. If the discrepancy cannot be resolved, the Board shall provide an explanation on the “Voting System Post-Election Certification Audit Report” (DS-DE 107).
(m) through (n) No change.
(5) Specific procedures-direct recording electronic voting machine ballots.
(a) through (b) No change.
(6) Specific procedures-optical scan machine ballots. The Board and the audit teams shall follow these specific audit procedures for votes cast on optical scan machines:
(a) Manual audit: The manual audit shall include a tally of the selected race for the selected precinct or precincts of ballots cast on Election Day and during the Early Voting period, absentee ballots (to include absentee ballots cast by uniformed and overseas citizens), and provisional ballots (if tabulated separately).
1. The tally shall be of the marksense ballots that were tabulated by the voting system.
2. Ballots cast at the precinct on Election Day, early voted ballots, absentee ballots, and provisional ballots (if grouped separately), for each precinct shall be audited separately.
3. through 7. No change.
(b) No change.
(7) Results Compilation.
(a) No change.
(b) Automated independent audit: After the automated independent audit system has finalized its tally, the Board or the automated independent audit system shall compile and compare the results to the official vote totals for all races in the selected precincts.
1. The results of the automated independent audit shall be produced as a summary report listing the number of ballot and vote discrepancies computed at the lowest level of aggregation reported in the election.
2. If the automated tally and official vote totals show a discrepancy in every contest of less than ½ of 1%, the Board shall list this result on the “Voting System Post-Election Certification Audit Report” (DS-DE 107).
3. If the automated tally and official totals show a discrepancy in any contest of ½ of 1% or more of the votes being audited:
a. The Board must investigate the discrepancy. This shall be done by reviewing the paper ballot images or extracts therefrom to ascertain if any voter marked a race in a manner that likely was not read by the voting system tabulator or by the automated independent audit system.
b. The Board shall prepare a completed “Discrepancy Report Summary for Automated Independent Audit” form (DS-DE 106A) or, alternatively, the automated independent audit system may print a report providing the same information required by the DS-DE 106A.
c. No change.
(8) Audit Report. The Board shall submit to the Department of State a report of the audit results within 15 days after the audit is completed. The Board shall submit its report using the “Voting System Post-Election Certification Audit Report” (DS-DE 107).
(a) For a manual audit, each audit report shall be accompanied by a completed Precinct Summary for Manual Audit form (DS-DE 106) for each precinct audited.
(b) For an automated independent audit, each audit report shall be accompanied by the summary report as specified in subparagraph (7)(b)1. or a completed Discrepancy Report Summary for Automated Independent Audit form (DS-DE 106A), as applicable, for each precinct audited.
(c) No change.
(9) Security procedures. Each county supervisor of elections pursuant to its responsibility under Section 101.015, F.S., shall ensure that its security procedures include procedures relating to ballot accountability, the security of ballots, chain of custody controls, protocols for authorized access and secure storage of ballots that may be used in an audit.
(10) Requirements for approval and use of an automated independent audit system.
(a) No change.
(b)1. through 3. No change.
4.a. For all elections on or after January 1, 2016, be capable of operating without outside manufacturer or vendor support to use the system. However, if desired, a county may decide to use the audit system’s manufacturer or vendor support.
b. No change.
5. through 9. No change.
(c) All examination and testing of the automated independent audit system shall occur at the Bureau of Voting Systems Certification in Tallahassee, Florida, unless the Department of State approves the examination and testing to occur or at the vendor’s desired location. The vendor shall reimburse the Department of State an amount equal to the actual costs incurred by the department in its testing and examination of the automated independent audit system. Reimbursable actual costs of testing include reasonable travel costs such as lodging, car rental, parking, gas, airfare, travel-related fees and in the case of meals, not to exceed the per diem rate established per Section 112.061(6), F.S. per diem when traveling outside of Tallahassee.
(d) No change.
(e)1. Notice of approval or non-approval will be provided within 30 days after all examination and testing of the automated independent audit system is completed.
2. No change.
Rulemaking Authority 20.10(3), 97.012(1), 101.591(2), 101.5911 FS. Law Implemented 101.591 FS. History–New 11-16-08, Amended_________.
Document Information
- Related Rules: (1)
- 1S-5.026. Post-Election Certification Voting System Audit