Purpose
This new rule is necessary to implement the provisions of s. 8 of Chapter 2008-95, Laws of Florida, which substantially revised Section 101.591, Florida Statutes, relating to voting system audits. Under the pre-2008 version of Section 101.591, Florida Statutes, the Legislature could, subject to appropriations, direct that an independent voting system audit be conducted at any time. An audit was deemed to include a study and evaluation of the voting system to assess and affirm that the voting system properly counted the votes and provided safeguards against unauthorized manipulation. No directive existed to adopt rules.
In 2008, the Florida Legislature substantially revised the section to require that county or local canvassing boards conduct a voting system audit after every election based on randomly selected races on the ballot and precincts. The audit is required to be conducted within 7 days of election certification. The purpose of the new rule is to provide uniform procedures to the county canvassing board or local canvassing board to conduct voting system audits. The language in the proposed rule tracks the language in emergency Rule 1SER08-4, also entitled “Post-Election Certification Voting System” that was adopted and became effective on July 1, 2008.