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HomeMy WebLinkAbout11-15-2023 Agenda12:00 p.m l INDIAN RIVER COUNTY SUPERVISOR of ELECTIONS LESLIE ROSSWAY SWAN MUNICIPAL ELECTION NOVEMBER 7, 2023 Cities of Sebastian and Vero Beach AGENDA Post -Election Audit November 15, 2023 Call to Order Public Comment and Questions (3 minutes per person) Complete Official Results, if recount Review of Audit Procedures Conduct of Audit Adjourn Post -Election Voting System Audit Procedure Summary FLORIDA�n! Reference Guidelines 0011(Updated 0612022) *D1%IS10N CA TTwse guidelines arefor reference only. They are not to be construed as legal advice or representation. For any particular set offact ELECTIONSId or circumstances, refer to the applicable state, federal law, and case law, and/or consult a private attorney before drawing any legal conclusions or relying upon this information. APPLICABLE LAW • Section 101.591, Florida Statutes (2013), and Rule SS-5.026. Fla. Admin. Code, govern the post -election voting system audit process. • This summary only represents a general overview. Please consult law and rule for specifics as they govern. WHEN IS A POST -ELECTION AUDIT CONDUCTED? Immediately following the certification of any election, to include municipal or special district elections. The audit must be completed and the results made public no later than 11:59 p.m. on the 7t' day following certification of the election by "the county canvassing board or the local board responsible for certifying the election" [hereinafter "Board"]. WHAT TYPES OF AUDITS ARE ALLOWED? • Two types are permissible: o Manual audit • Consists of a manual tally in one randomly selected race that appears on the ballot in at least 1% but no more than 2% of the precincts chosen at random by the Board at a publicly noticed Board meeting. • If 2% or less of the precincts equals less than a whole number, the number of precincts shall be rounded up the next whole number. o Automated, independent audit • Consists of a public automated tally of the votes cast across all races in at least 20% of the precincts chosen at random by the Board at a publicly noticed Board meeting. • If 20%of the precincts equals less than a whole number, the number of precincts shall be rounded up the next whole number. • Before an automated, independent audit system is used, the Division of Elections must approve the system. PRE -AUDIT PREPARATION • Prior to the audit, the Supervisor of Elections, working with the Board should: o Secure a site for the audit. The room for the audit must be large enough to at least accommodate the Board, necessary audit teams, and a maximum of 2 observers per audit team. o For a manual audit, arrange for sufficient audit teams to conduct an audit of a state or county -wide race (if the race selected is less than a state or county -wide race, even though all of the teams may not have to participate, it will be easier to be prepared with more teams than needed than to arrange others to participate on short notice). o Ensure that all ballots are sorted by precinct (this can be done at any time —the sorting does not need to wait until the election is certified). The sorted ballots should be kept separate —for example, place all election day ballots from precinct 1 in a separate stack, all vote -by -mail ballots from precinct 1 in a separate stack, and all early voting ballots from precinct 1 in a separate stack. (Provisional ballots may be grouped separately or in one of the above 3 categories, as applicable.) Repeat this process for each precinct. Once the precinct is chosen for the audit, it will be easier to gather all ballots from that precinct. The audit results will be broken down according to Election Day, vote -by -mail, and early voting ballots. Overseas vote -by -mail ballots are to be grouped with other vote -by -mail ballots. Florida Department of State DOS DE Reference Guide 0011 (06/2022) Page 1 of 4 • Public notice o Ensure public notice (time, date, and place) is provided at least 24 hours in advance of the meeting to conduct the audit, to include the random selection of the race(s) and precincts. o The notice may be published before the certification of the official election results, but neither the random selection nor the audit can occur until after the certification. o Notice shall be posted in four conspicuous places in the county and on the home page of the Supervisor of Elections' website. (A hyperlink to the notice on the website will satisfy the home page requirement.) • Board Preliminary Duties: o A majority of the Board must be present at all times during the manual audit process. o At least one Board member must be present during the processing of ballots into the automated independent audit system. o Reviews rules and statutes governing audit procedures. o Reviews Supervisor of Elections' security procedures for audits. o Ensures minutes of the audit are taken, recorded, and maintained. o Appoints as many audit teams as necessary. o May adopt rules and policies to ensure public does not interfere with audit. If room is not large enough to accommodate all public observers present, the Board must provide for the random selection of observers. o Verifies 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. • If the difference is''/a of 1% or more, the Board must investigate to determine if the discrepancy can be resolved. • If discrepancy cannot be resolved, the Board must provide an explanation on the Voting System Post -Election Audit Report, Form DS-DE 107. o Determine the method of random selection of the race and precincts to be audited in a manner that the public is assured that all races and precincts are included in the selection method. Examples of a selection method: drawing lots, ten -sided dice, and computerized random selection. • If multiple municipal or other elections are held on the same day in the county and the Board certifies the elections, only one audit is required but all elections are to be included in the random selection of race(s) and precincts. o Selection of the race occurs before selection of the precinct(s) in a manual audit. (In an automated, independent audit, all races are included.) o To the extent possible, the certified results from the selected race(s) and precincts(s) to be audited must not be disclosed in advance to the audit teams. • Handling of ballots: No person, except a member of the Board, an employee of the Supervisor of Elections, or an audit team member may handle any ballot or ballot container. MANUAL AUDIT PROCEDURES • Board makes random selection of race(s) and precinct(s). • Once begun, a manual audit continues until it is completed. A recess may occur, but security procedures established by the Supervisor of Elections, must account for the security of the ballots and tally results during the recess. • Optical scan ballots: o Election Day, early voted, and vote -by -mail ballots shall be audited separately (provisional ballots shall be audited separately if tabulated separately). o Audit team examines ballots and if in agreement places them into one of the following 4 stacks: 1) overvoted, 2) undervoted, 3) Clear voter intent), and 4) unclear voter intent (i.e. ambiguous marks). o Audit team sorts the ballots in the "should have been tabulated stack" according to the voter's choice in the audited race (e.g., all votes for Candidate A are placed in one stack, all votes for Candidate B in another stack). Florida Department of State DOS DE Reference Guide 0011 (06/2022) Page 2 of 4 o Audit team tallies the votes from each stack and records the tally on Manual Audit Team Worksheet for Marksense Ballots, DS-DE 105B. o For races with "Vote for no more than _", the audit team: • Sorts undervoted ballots with no selection made and records the count. • Sorts the remaining undervoted ballots into two stacks: A stack containing Candidate A and a stack containing the remaining candidates. The audit team records the votes for Candidate A on Manual Audit Team Worksheet for Marksense Ballots, DS-DE 105B. • Re -sorts the ballots again into two stacks: A stack containing Candidate B and a stack containing the remaining candidates. The audit team records the votes for Candidate B on the Manual Audit Team Worksheet for Marksense Ballots, DS-DE 105B. • Repeats the above two steps for each subsequent candidate until all candidates' votes are recorded on the DS- DE 105B. • Tallies the votes for each stack and records the tally on Manual Audit Team Worksheet for Marksense Ballots, DS-DE 105B. • Results Compilation: o The Supervisor of Elections prints a report from the voting system for the precincts selected which provides the group detail of the number of ballots for Election Day, early voting, vote -by -mail and provisional (unless the provisional ballots are included in one of the other ballot numbers). This report is not to be shown to the audit team members. o The Board compares the numbers listed on the report from voting system with those from the manual audit • If the manual tally and official totals match, the result is listed on the Precinct Summary for Manual Audit, DS- DE 106. • If there is a discrepancy of less than 'tY2 of 1%, the Board shall record the result, expressed as a percentage of agreement (i.e., 99.98%), on the Voting System Post -Election Audit Report, DS-DE 107. • If there is a discrepancy of more than X of 1%, the Board shall determine if it can be reconciled by further review of the official results with the audit teams' stacks. • If discrepancy is still more than Y2 of 1%, a different audit team conducts a manual re -tally. If the totals do not match, the Board will record such on the Precinct Summary for Manual Audit, DS-DE 106. o By December 15 of a general election year, the Board must provide a report of the audit results to the Department of State. AUTOMATED INDEPENDENT AUDIT (AIA) PROCEDURES • AIA software test: Before scanning ballots in any election, the Supervisor of Elections must test the tabulation accuracy of the AIA software by performing a logic and accuracy test on all scanners used for scanning ballots. • AIA system test: Before beginning an AIA, the Board shall test the AIA system to ascertain that the system will correctly count the votes cast. • Board makes random selection of precinct(s): All races in the precinct(s) chosen will be tallied. • Official paper ballots: The AIA system shall produce and print the tally for all races from the selected precincts of ballots cast by ballot type (i.e. at the lowest level of aggregation). • Results Compilation: o After the AIA system has finalized its tally, the Board or AIA system shall compile and compare the results to the official vote totals for all races in the selected precincts. • The results of the AIA 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. • If there is a discrepancy of less than % of 1%, the Board shall record the result, expressed as a percentage of agreement (i.e., 99.98%), on the Voting System Post -Election Audit Report, DS-DE 107. • If the discrepancy is Y2 of 1% or more, the Board: • Must investigate by reviewing the ballot images or extracts therefrom to ascertain if the vote was marked in a race that likely was not read by the voting system tabulator or AIA system. Florida Department of State DOS DE Reference Guide 0011 106/2022) Page 3 of 4 t" • Must prepare a Discrepancy Report for Automated Independent Audit, DS-DE 106A, or the AIA system may print a report with the same required information. • Must explain the discrepancy on the Voting System Post -Election Audit Report, DS-DE 107. o By December 15 of a general election year, the Board must provide a report of the audit results to the Department of State. AUDIT REPORT • Due to Division of Elections by December 15 of a general election year. • Content: The audit report (Voting System Post -Election Audit Report, DS-DE 107) shall include a description of: o Overall accuracy of the audit expressed as a percentage of agreement (i.e., 99.98%). o Problems/discrepancies encountered, if any. o The likely cause of any problems/discrepancies encountered, if any. o Recommended corrective or remedial actions for any problems/discrepancies encountered for future elections. • For manual audit, the report must be accompanied by the Precinct Summary for Manual Audit, DS-DE 106 for each precinct audited. • For an automated independent audit, the report must be accompanied by the summary report as specified in Rule 1S- 5.026 Fla. Admin. Code, or a Discrepancy Report for Automated Independent Audit, DS-DE 106A. Florida Department of State DOS DE Reference Guide 0011 (06/2022) Page 4 of � 11/13/23, 12:38 PM Statutes & Constitution :View Statutes : Online Sunshine Title IX Chapter 101 View Entire Chanter ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE 101.591 Voting system audit.— (1) Immediately following the certification of each election, the county canvassing board or the local board responsible for certifying the election shall conduct a manual audit or an automated, independent audit of the voting systems used in randomly selected precincts. (2)(a) A manual audit shall consist of a public manual tally of the votes cast in one randomly selected race that appears on the ballot. The tally sheet shall include election -day, vote -by -mail, early voting, provisional, and overseas ballots, in at least 1 percent but no more than 2 percent of the precincts chosen at random by the county canvassing board or the local board responsible for certifying the election. If 1 percent of the precincts is less than one entire precinct, the audit shall be conducted using at least one precinct chosen at random by the county canvassing board or the local board responsible for certifying the election. Such precincts shall be selected at a publicly noticed canvassing board meeting. (b) An automated audit shall consist of a public automated tally of the votes cast across every race that appears on the ballot. The tally sheet shall include election day, vote -by -mail, early voting, provisional, and overseas ballots in at least 20 percent of the precincts chosen at random by the county canvassing board or the Local. board responsible for certifying the election. Such precincts shall be selected at a publicly noticed canvassing board meeting. (c) The division shall adopt rules for approval of an independent audit system which provide that the system, at a minimum, must be: 1. Completely independent of the primary voting system. 2. Fast enough to produce final audit results within the timeframe prescribed in subsection (4). 3. Capable of demonstrating that the ballots of record have been accurately adjudicated by the audit system. (3) The canvassing board shall post a notice of the audit, including the date, time, and place, in four conspicuous places in the county and on the home page of the county supervisor of elections website. (4) The audit must be completed and the results made public no later than 11:59 p.m. on the 7th day following certification of the election by the county canvassing board or the local board responsible for certifying the election. (5) By December 15 of each general election year, the county canvassing board or the board responsible for certifying the election shall provide a report with the results of the audit to the Department of State in a standard format as prescribed by the department. The report must be consolidated into one report with the overvote and undervote report required under s. 101.595(1). The report shall contain, but is not limited to, the following items: (a) The overall accuracy of audit. (b) A description of any problems or discrepancies encountered. (c) The likely cause of such problems or discrepancies. (d) Recommended corrective action with respect to avoiding or mitigating such circumstances in future elections. (6) If a manual recount is undertaken pursuant to s. 102,166, the canvassing board is not required to perform the audit provided for in this section. History.—s. 14, ch. 89-348; s. 41, ch. 97-13; s. 8, ch. 2007-30; s. 36, ch. 2011-40; s. 10, ch. 2013-57; s. 14, ch. 2016-37; s. 22, ch. 2021- 1t. Copyright 01995.2023 The Florida Legislature • Privacv Statement • Contact Us www.leg.state.fl.us/Statutes/i ndex.dm?App_mode=Display_Statute&Search_Std ng=&U RL=0100-0199/0101ISections/0101.591.html 2/2 1S-5.026 Post -Election Certification Voting System Audit. (1) Procedures. (a) This rule provides the procedures for a county canvassing board or the local board responsible for certifying the election to conduct either a manual audit or an automated independent audit of a voting system after certification of an election including a municipal election. The purpose of the audit is to ensure that the voting system deployed in the election tabulated all votes properly. An audit is not required in any election in which only paper ballots are used and are not tabulated by a voting system or in which a manual recount is conducted. (b) Form DS-DE 410 (effective 06/22), entitled "Procedures Manual for Post -Election Certification Voting System Audit" is hereby incorporated by reference and available at the following link: htti)://www.flrules.org/Gateway/reference.asi)?No=Ref-14412. The form is also available by download from the Division of Elections' rules webpage at: http://dos.myflorida.com/elections/, by requesting a copy by phone (850)245-6200 or by mail from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250. (c) The following forms are incorporated by reference: 1. Form DS-DE 105 B, entitled "Manual Audit Team Worksheet for Marksense Ballots" (eff. 01/2014), httD://www.flruies.or2/Gatewav/reference.asli?No=Ref-03893. 2. Form DS-DE 106, entitled "Precinct Summary for Manual Audit" (eff. 01/2014), httD://www.tlrutes.orL,/Gatewav/reference.asD?No=Ref-03894. 3. Form DS-DE 106A, entitled "Discrepancy Report for Automated Independent Audit" (eff. 01/2014), htti)://www.flrules.orp/Gatewav/reference.ast)?N2=Ref-03895. 4. Form DS-DE 107 entitled "Voting System Post -Election Audit Report' (eff. 01/2014), htti)://www.flrules.orp/Gatewav/reference.asD?No=Ref-03896. Copies of the forms may be obtained from the Division of Elections website at: https://dos.myflorida.com/elections or by contacting the Division of Elections, at (850)245-6200, located at Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. (2) Requirements for Approval and Use of an Automated Independent Audit System. This subsection provides the requirements for testing, approval, and use of an automated independent audit system. (a) Any person desiring to have an automated independent audit system approved for use in Florida shall submit a letter to the Bureau of Voting Systems Certification, Division of Elections, Department of State, requesting approval and providing the automated independent audit system's technical data package. (b) The automated independent audit system must satisfy the following criteria prior to approval: 1. Be completely independent of any voting system certified in the State of Florida. The automated independent audit system must not contain any proprietary election -related hardware or software in common with a voting system certified for use in the State of Florida. Any commercially available software or hardware shared between the two systems must not be modified. However, information used to decode the ballot artwork and any barcoding schemes on ballots may be shared from the primary vote tabulation system to the automated independent audit system. For purposes of comparison, standardized results files may be brought into the automated independent audit system. 2. Be fast enough to produce final, public audit results no later than 11:59 p.m. (local time where the audit occurs) on the 7th day following certification of the election by the county canvassing board or the local board responsible for certifying the election. 3. Be capable of demonstrating the ballots of record have been accurately adjudicated by the audit system. 4. For all elections, 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. 5. Be capable of automatically comparing the audit results to the certified results by precinct and ballot type. If the certified results are not available by precinct and ballot type the automated independent audit system must be able to automatically compare the audit results to the certified results at the lowest level of detail reported. 6. If the independent audit system captures and retains paper ballot images, then the front and back of a single card must be viewable together either as a single file or multiple associated files. 7. Automated independent audit systems submitted for approval must be capable of automatically examining marked ballots to determine a valid vote, no vote, and marginal mark. 8. Be capable of identifying the physical storage location of each specific ballot based on the designated paper ballot image if digital images are used. 9. Reflect that the audit results will be the same using all specific auditing scanners approved for use with the system. a. 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 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 meals, not to exceed the per diem rate established per Section 112.061(6), F.S. b.(I) Notice of approval or non -approval will be provided within 45 days after all examination and testing of the automated independent audit system is completed. (II) After approval of an automated independent audit system, any changes to the approved system must be submitted to the Bureau of Voting Systems Certification for approval. The new system or new version of an existing system may not be used in Florida until approval is granted. Rulemaking Authority 20.10(3), 97.012(1), 101.59](2), 101.5911 FS. Law Implemented 101.591 FS. History -New 11-16-08, Amended 3-20-14, 6- 27-22.