HomeMy WebLinkAbout10312009CB and 11032009CBMinutes of the City of Sebastian Canvassing Board
11/3/09 General Election Special Referendum
Saturday, October 31, 2009 9:00 a.m.
and
Tuesday, November 3, 2009
Supervisor of Elections Office
4375 43rd Ave
Vero Beach, FL 32960
Present:
City of Sebastian Canvassing Board Members:
City Clerk, Sally Maio (Chair)
City Attorney, Robert A. Ginsburg
City Manager, Al Minner
City of Vero Beach Canvassing Board Members:
City Clerk, Tammy Vock
City Attorney, Charles Vitunac
City Manager, Jim Gabbard
Supervisor of Elections and Other Officials Present:
Supervisor of Elections, Kay Clem
Attorney Brian Connelly, representing the Supervisor of Elections
Deputy Supervisor of Elections, Leslie Swan
Absentee Coordinator, Marge Diehl
IT Manager, Gary Gordon
Warehouse Manager, John Blair
Sheriff's Deputies
Opener and Sorter Teams (see list attached in backup)
Call to Order
The Canvassing Board Meeting convened in the warehouse area of the Supervisor of Elections
Office and called their meeting to order at 9:05 a.m.
Approval of Sebastian Canvassing Board Minutes March 13, 2007, March 16, 2007 and
October 14, 2009
Motion by Ms. Maio, SECOND by Mr. Ginsburg to approve the Canvassing Board minutes of
March 13, 2007, March 16, 2007 and October 14, 2009 carried on a voice vote of 3 -0.
Sebastian Canvassing Board Meeting
Saturday, October 31, 2009 and
November 3, 2009
Page Two
The Supervisor of Elections provided the Canvassing Boards with the following materials and
they are attached to the minutes:
1) Absentee Ballot Opening Day Schedule
2) Municipal General Election Agenda
3) Legal Notice for Canvassing Board Meetings
4) 1 S -2.027 Standards for Determining Voter's Choice on a Ballot
5) Canvassing Criteria for 2009 Table
6) Brief Description of Procedures for Canvass of Absentee Ballots October 31, 2009
7) Diagram Depicting Room Layout for Election Day and Evening
8) Diagram Depicting Room Layout for Manual Recount if Needed
9) Priority Order for Processing Absentee Ballots by Ballot Type
10) Power Point Presentation
11) Indian River County Recount Procedures 1S-2.031
12) 1 S -5.026 Post Election Certification Voting System Audit
Adopt Standards for Voter Intent
MOTION by Mr. Ginsburg, SECOND by Mr. Minner to approve Canvassing Board Criteria table
for 2009 carried on a voice vote of 3 -0.
MOTION by Mr. Gillmor, SECOND by Mr. Minner to approve "1 S -2.027 Standards for
Determining Voter's Choice on a Ballot" carried on a voice vote of 3 -0.
Explanation of Opening and Duplicating Process
Kay Clem briefly explained the process to be used at this meeting, whereby absentee ballots
are opened and sorted by City, run through the electric letter opener, distributed to an opening
team which will remove the secrecy envelope from the outer envelope, provide them to a sorting
team which will remove ballots from the secrecy envelopes for counting. Canvassing Boards
will review all ballots with certificate abnormalities using approved standards, and either place
them in the "accepted" tray for counting or mark them with "rejected as illegal unanimously" and
place them in the "rejected" tray.
Ms. Clem advised the Canvassing Boards that although the ballots would be counted, no tally
would be entered into the tabulation system, rather the tally will be recorded on the hard drive of
the 400 -C and a disk made and stored in the sealed transfer case until 7:00 pm on election day
when it will be included in the count.
The Sebastian Canvassing Board was notified there were 614 total absentee ballots.
Of the total ballots, twelve ballots which had reverse signatures, meaning that in a household,
the spouses had signed each other's secrecy envelopes were accepted by the Canvassing
Board in accordance with approved standards, five ballots with no signature at all on the
secrecy envelope were rejected in accordance with approved standards, and one ballot with an
address outside of City limits (North Mirror Lake Drive) was rejected.
2
Sebastian Canvassing Board Meeting
Saturday, October 31, 2009 and
November 3, 2009
Page Three
Run Absentees through 400 -C
At this time Ms. Maio moved to the tabulation room to witness the count, while Mr. Ginsburg and
Mr. Minner remained in the warehouse area. The Sheriff's Deputy was also in the tabulation
room.
Ms. Maio was notified at this time that Sebastian had 94 early votes.
Upon completion of the count, seven ballots were segregated which had not been counted due
to abnormalities in voting.
Review Outstacks for Voter Intent Issues and Duplicate as Necessary
The seven ballots in question were sent out to Mr. Ginsburg and Mr. Minner to determine voter
intent using approved standards. Of the seven only one was rejected for an apparent over -vote
(four candidates marked). It was determined that the other six had appropriately voted for three
candidates but used an alternative marking method.
Run Duplicated Outstacks through 400 -C
The accepted votes were duplicated and returned to the tabulation room for counting.
Upon completion of the final count, all results and certifications were sealed in the same transfer
case as that used on October 14, 2009.
The Sebastian Canvassing Board recessed at 10:45 a.m. until Tuesday, November 3, 2009.
The Sebastian Canvassing Board reconvened their meeting on November 3, 2009 at 4:45
p.m. in the Canvassing Room. The same standards and voter intent recommendations are to
be utilized.
The Canvassing Board reviewed one ballot secrecy envelope. Per Marge Diehl, Absentee
Coordinator, a couple at the same address had requested absentee ballots, but only one ballot
was returned. The return label was marked for the husband, but the wife signed the secrecy
envelope. Accepted standards state as long as both parties made the request the ballot can be
accepted.
The Canvassing Board was notified that there had been an additional 86 absentee ballots
received since it met on October 14, 2009.
The Canvassing Board moved to the tabulation room to witness the count of the remaining
absentee ballots. Of those, three required duplication and one was sent back and run through
the counter again and was counted.
The Canvassing Board moved back to the Canvassing Room. Mr. Minner and Mr. Ginsburg
were excused for dinner provided by the Supervisor in the warehouse, and Ms. Maio stayed in
3
Sebastian Canvassing Board Meeting
Saturday, October 31, 2009 and
November 3, 2009
Page Four
the tabulating room with Vero Canvassing Member Vitunac and a Deputy Sheriff. Mr. Minner
and Mr. Ginsburg returned to the Canvassing Room and Ms. Maio was excused for dinner.
At 7 pm, one more absentee ballot was received and counted.
The Canvassing Board initialed the absentee count at 7:15 p.m. and initialed the early voting
count at 7:20 p.m.
As the precincts began to bring in ballots, in precinct 105 the numbers were off and it was
explained by the poll workers that two voters came into the precinct to cancel absentee ballots
in their possession and instead vote in the precinct, and they were allowed to do so even though
the machine did not count the votes.
In precincts 104 and 107 which were combined in one location, the poll workers reconciliation
forms showed numbers off by one, though the poll workers could not explain the reason.
Ultimately after being reviewed by Supervisor of Elections staff it was determined that in
precinct 104 there were 214 ballots counted and seven provisional ballots which will need to be
reviewed to by SOE staff to be certain that the individuals had not already voted early or
absentee or at the precinct. In precinct 107 there were 319 ballots counted and four provisional
ballots which will need to be reviewed to by SOE staff to be certain that the individuals had not
already voted early or absentee or at the precinct. Once the provisional ballots are reviewed
and it is determined that the voter did not vote by some other method, they will be counted and
added to the cumulative total.
Each run of unofficial returns was initialed by the Canvassing Board and those forms are on file
in the Supervisor of Elections office.
At 10:00 p.m. the last three of the precincts 106, 108 and 109 which were also combined in one
location, came in and were counted.
The Canvassing Board certified the unofficial result and it was sealed in the transfer box.
Following the sealing of the transfer box, one ballot was found in the paperwork for precinct 106.
At the direction of the Supervisor of Elections, the envelope was opened by Leslie Swan, was
found to be legitimate and will be duplicated and counted by Supervisor of Elections staff on
Wednesday morning at the same time as the aforementioned provisional ballots from 104 and
107 are counted.
Seal #11882 was broken by SOE staff, the transfer box opened and resealed with seal #10374.
The Canvassing Board meeting was adjourned at 10:10 p.m.
A copy of the Final Unofficial results is attached.
The Canvassing Board will certify final results on November 6, 2009 at 5 p.m.
4
Sebastian Canvassing Board Meeting
Saturday, October 31, 2009 and
November 3, 2009
Page Five
electicanvmin2 2009.doc
For of Sebastian Canvassing Board
Sally A. Mai MMC
City Cler
Chairperson
Robert A. Ginsburg
City Attorn; y
d 41
i,
e
City anager
5
Kay Clem
Supervisor of Elections
Indian River County, Florida
MUNICIPAL GENERAL ELECTIONS
Canvassing Board Agenda
October 31, 2009
9:00 a.m. Call to Order
Approve minutes and any changes to agenda
Adopt Standards for Voter Intent
Explanation of Opening and Duplicating process
Opening Absentees
Run Absentees through 400 -C
Review outstacks for voter intent issues and duplicate as necessary
Run duplicated outstacks through 400 -C
Final processing of totals from 400 -C for reconciliation
Recess until 4:45 p.m. Tuesday, November 3, 2009
4375 43rd Avenue, Unit 101 Vero Beach, Florida 32967 (772) 226 -3440 Fax (772) 770 -5367
www.voteindianriver.com
2009 MUNICIPAL GENERAL ELECTIONS
ABSENTEE BALLOT OPENING DAY SCHEDULE
Saturday, October 31, 2009
9:00 a.m. until Completion
Warehouse
Absentee Ballot Opening:
Security /Runner One Sheriffs Deputy
Canvassing Board(s) City of Sebastian: Sally Maio, Robert Ginsburg, Al Minner
City of Vero Beach: Tammy Vock, Jim Gabbard Charles Vitunac
Coordinator Marge Diehl
Assistant Coordinator Leslie Swan
Machine Operators John Blair Gary Gordon
Manual Openers /Sorters Marlene Pleie (NPA), Ray Pleie (Rep), Lionel Neidich (DEm), Rosemary Neidich (Rep),
Barbara Youmans (NPA),
Absentee Stackers
Duplicating Team
Early Voting
Marge Diehl, Leslie Swan
Leslie Swan (Rep) Tricia Verdugo (NPA)
Martha Osborne Jean Matthews
Tabulation Room to enter registration numbers and run ballots through 400 -C to detect errors
Tabulator Gary Gordon
Duplication of outstacks Duplicating team and Canvassing Board(s) in Warehouse
Run duplicated outstacks through 400 -C Tabulation Room
Make backup, check reconciliation Tabulation Room
numbers and adjourn
Kay Clem
Supervisor of Elections
Indian River County, Florida
PUBLIC MEETING OF THE CITIES OF SEBASTIAN AND VERO BEACH CANVASSING BOARDS
AND CANVASSING OF ABSENTEE BALLOTS FOR THE
NOVEMBER 3, 2009 MUNICIPAL ELECTION
The Municipal Canvassing Boards will meet at 3:00 p.m. on Wednesday, October 14, 2009 to conduct the
Pre Election Day Public and Accuracy Test of the voting equipment and tabulating equipment to be used
for early voting and Election Day. This meeting will be held at the Indian River County Supervisor of
Elections office, 4375 43 Avenue, Unit #101, Vero Beach, Florida, and is open to the public.
Sealed absentee ballots received prior to 1:00 p.m. on Friday, October 30, 2009 for the Municipal Election
will be available for public inspection from 1:00 p.m. until 3:00 p.m. on Friday, October 30, 2009, at the
office of the Supervisor of Elections.
Any absentee ballots received between 1:00 p.m. on Friday, October 30, 2009 and 7:00 p.m. Election
Day, Tuesday, November 3, 2009, will be available for public inspection at 4:00 p.m. on November 3,
2009, until opened.
Pursuant to section 101.68(2)(c)2, Florida Statues, if any elector or candidate present believes that an
absentee ballot is illegal due to a defect apparent on the voter's certificate, he or she may, at any time
before the ballot is removed from the envelope, file with the Canvassing Board a protest against the
canvass of that ballot, specifying the precinct, the ballot, and the reason he or she believes the ballot to
be illegal. A challenge based upon a defect in the voter's certificate may not be accepted after the ballot
has been removed from the mailing envelope.
The Municipal Canvassing Boards will meet at 9 a.m. on Saturday, October 31, 2009, at the office of the
Supervisor of Elections, to open and canvass absentee ballots. The Canvassing Boards will reconvene
on Tuesday, November 3 at 4:45 p.m. to continue canvassing absentee ballots and canvass precinct
returns until the results of the election are obtained. The respective Board will certify its official election
as required by their respective charter. The Municipal Canvassing Boards will reconvene Thursday,
November 5, 2009 at 5:00 p.m. to certify the final official election results if all ballots have been
canvassed in accordance with section 102.141(2), Florida Statutes and no other recount under section
102.166(1) is required.
The Canvassing Boards will randomly select races /precincts for the Post Election Audit at the November
3 Canvassing Board Meeting. The Canvassing Boards will reconvene to conduct the Post Election Audit
at 9:00 a.m. on Tuesday, November 10, 2009, which will be made public on Tuesday, November 17,
2009.
4375 43` Avenue, Vero Beach, FL 32967 -1067 (772) 226 -3440 FAX (772) 770 -5367
Page Two
Public Notice
2009 Municipal Elections
It may become necessary for the Canvassing Boards to reconvene at times or places other than those
specified above. If so, the location, date and time will be announced at the conclusion of the pertinent
meeting, posted online at www.voteindianriver.com and posted on the doors at the Indian River County
Administration Building, the Indian River County Courthouse, and the Supervisor of Elections Office.
In accordance with the Sunshine Law of Florida, all Canvassing Board meetings are open to the public.
Note: Section 286.0105, Florida Statutes, states that if a person decides to appeal any decision by a
board, agency, or commission with respect to any matter considered at a meeting or hearing, he or she
will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
In accordance with the Americans with Disabilities Act (ADA), if any person with a disability, as defined by
the ADA, needs special accommodation to participate in this proceeding, then not later than two business
days prior to the proceeding, he or she should contact the Supervisor of Elections Office at 772 -226-
3440.
Kay Clem
Supervisor of Elections
Indian River County, Florida
4375 43` Avenue, Vero Beach, FL 32967 -1067 (772) 226 -3440 FAX (772) 770 -5367
Wednesday
October 14, 2009
3:00 p.m.
Canvassing Boards meet for Public Logic and Accuracy Test for Municipal
General Election
Saturday
October 31, 2009
9:00 a.m.
Canvassing Boards meet to canvass absentee ballots
Tuesday
November 3, 2009
4:45 p.m.
Canvassing Boards continue canvassing absentee ballots and canvass
precinct returns until the results of the election are obtained. The
respective Board will certify its official election results as required by their
respective charters. Canvassing Boards to randomly select races /precincts
for the Post Election Manual Audit
Thursday
November 5, 2009
5:00 p.m.
Canvassing Boards meet to certify final official election results if all ballots
have been canvassed and no other recount is required
Tuesday
November 10, 2009
9:00 a.m.
Canvassing Boards meet to begin Post Election Manual Audit
Thursday
November 12, 2009
Post Election Manual Audit must be completed and the results made public
no later than 11:59 p.m. (7th day following certification of the election by the local
board responsible for certifying the election)
Wednesday
November 25, 2009
Post Election Manual Audit deadline for Canvassing Boards to provide a
report with the results of the audit to the DOS in a standard format as
prescribed by the department. (Deadline within 15 days after completion of the audit)
2009 Municipal General Elections
For the Public Logic and Accuracy Test, the Canvassing Boards may appoint one member to serve as a representative for the
Board. This is just a guideline and of course, if we are faced with a recount (vote of 1/2 of one percent difference)
we will have to change our schedule.
1S -2.027 Standards for DeterminingVoter's Choice on a Ballot.
(1) Application. The standards in this rule apply to determine whether the voter has clearly indicated a definite
choice for purposes of counting a vote cast on a ballot in a manual recount as provided specifically by Section 102.166,
F.S.
(2) Direct recording electronic voting system.
(a) A vote cast on this voting system is valid for a particular candidate, issue choice, or judicial retention choice
when the voter marks the ballot electronically as specified in the ballot instructions.
(b) A vote cast on this voting system is valid for a particular write -in candidate when the voter types on the touch
screen the name of a write -in candidate in accordance with the ballot instructions.
(3) Optical scan voting system.
(a) A vote cast on this voting system is valid for a particular candidate, issue choice, or judicial retention choice
when the voter marks the ballot as specified in the ballot instructions.
(b) A vote cast on this voting system is valid for a particular write -in candidate when the voter writes in the name of
a candidate in the designated write -in space and fills in the oval or arrow next to the write -in candidate's name.
(4) Manual review and tabulation.
(a) The standards under this subsection apply in all instances where a contest is not marked as specified in the ballot
instructions under subsection (2) or (3) and a manual review of the voter's markings on a ballot is required to determine
whether there is a clear indication that the voter has made a defmite choice in a contest.
(b) The canvassing board must first look at the entire ballot for consistency. Then the provisions of paragraph (c)
apply to determine whether the voter has made a definite choice in a contest, provided the voter has not marked any other
contest on the ballot, or if the voter has marked other contests, he or she has marked them in the same manner, subject to
the exceptions in subparagraphs 7., 10., and 15. The following are examples of valid votes after review for consistency:
For Attorney General
(Vote for one)
CD Lucille Ball
00 Jack Benny
Q Desi Arnaz
CD Lenny Bruce
For Commissioner of Agriculture
(Vote for one)
CD Jack Ritter
Q Audra Lindley
Francis Bavier
CD Jack Dodson
For State Representative
(Vote for one)
=‹on Nichols
Michael Ross
O Bernie West
CD Norman Fell
Ballot Situation 1: Recount in race of State Representative. The two ovals in the
first two races are filled in properly, but the voter has circled the candidate's
name in the state representative race. Since the voter did not mark the state
representative race in the same manner as in the other races, it cannot be
determined whether the voter has clearly indicated a definite choice for Don
Nichols.
1
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Amaz
Lenny Bruce
4
1
MIll
For Commissioner of
Agriculture
(Vote for one)
Jack Ritter
Audra Lindley
Francis Bavier
MI
Jack Dodson
For State Representative
(Vote for one)
Don Nichols
Michael Ross
Bernie West
Norman Fell I.1 mi
Ballot Situation 2: Recount in race of State Representative. All races on this ballot
are marked in the same manner. Since the ballot is consistently marked as in
paragraph (c), the vote cast for Michael Ross in the state representative race is a
valid vote.
2
For Attorney General
(Vote for one)
Lucille Balk..
Jack Benny
Desi Arnaz
Lenny Bruce
For Commissioner of
Agriculture
(Vote for one)
Jack Ritter
Audra Lindley
Francis Bavier
Jack Dodson
Don Nichols
Michael Ross
Bernie West
Norman 0
For State Representative
(Vote for one)
MI
MI
MIN
MI
MI
Ballot Situation 3: Recount in State Representative race. Each race is marked
differently so that no consistency in marking exists. It cannot be determined which
marking, if any, is clearly indicative of the voter's choice. Therefore, the vote cast
for Bernie West is not valid.
3
(c) Subject to the provisions of paragraph (b), the following marks constitute a valid vote as indicated for a
particular candidate, issue choice, or judicial retention choice:
1. The voter circles or underlines either the oval or arrow next to a candidate's name, issue choice, or judicial retention
choice.
Valid Vote for Ball
For Attorney General
(Vote for one)
Lucille Ball
Q Jack Benny
Q Desi Arnaz
(D Lenny Bruce
Valid Vote for Ball
For Attorney General
(Vote for one)
Cr_75"") Lucille Ball
Q Jack Benny
Q Desi Arnaz
Q Lenny Bruce
Valid Vote for Arnaz
For Attorney General
(Vote for one)
Q Lucille Ball
Q Jack Benny
Q Desi Amaz
Q Lenny Bruce
Valid Vote for Ball
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Valid Vote for Ball
G� J
sin
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce 4
2. The voter circles or underlines the name of a candidate, issue choice, or judicial retention choice.
Valid Vote for Arnaz
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
esi Arnaz
Lenny Bruce
4
3. The voter circles or underlines the party abbreviation associated with a candidate's name.
Valid Vote for Benny
For Attorney General
(Vote for one)
CD Lucille Ball
Jack Benny
0 Desi Arnaz
Q Lenny Bruce
DEM
GRN
LBT
4. The voter marks an "X," a check mark, a cross, a plus sign, an asterisk or a star, any portion of which is contained
in a single oval or within the blank space between the head and tail of a single arrow. The marking must not enter into
another oval or the space between the head and tail of another arrow.
Valid Vote for Ball
For Attorney General
(Vote for one)
Lucille Ball
CD Jack Benny
0 Desi Amaz
CD Lenny Bruce
Invalid Vote
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
0 Lenny Bruce
Valid Vote for Benny
For Attorney General
(Vote for one)
Lucille Ball DEM
Jack Benny
Desi Arnaz GRN
Lenny Bruce LIB
NM
NM
Valid Vote for Ball
For Attorney General
(Vote for one)
Lucille Ball +1
Jack Benny 4
Desi Arnaz 4
Lenny Bruce 4"
Invalid Vote
Lucille Ball
Jack Benny
Desi Amaz
Lenny Bruce
For Attorney General
(Vote for one)
5
5. The voter draws_a diagonal, horizontal, or vertical line, any portion of which intersects two points on the oval
and which does not intersect another oval at any two points. If it is a horizontal line, the line must not strike through
the name of the candidate.
Valid Vote for Ball
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Cp Desi Arnaz
0 Lenny Bruce
Invalid Vote
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
CD Desi Arnaz
Lenny Bruce
6. The voter draws a diagonal or vertical line that intersects an imaginary line extending from the center of the head
of a single arrow to the center of the tail of the same arrow, provided the diagonal or vertical line does not intersect the
imaginary line joining the head and tail of another arrow.
Valid Vote for Ball
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Treasurer
(Vote for one)
Valid Vote for Ball
For Attorney General
(Vote for one)
--CD— Lucille Ball
Jack Benny
cD Desi Arnaz
CD Lenny Bruce
Invalid Vote
For Attorney General
(Vote for one)
Jack Benny
Desi Arnaz
Lenny Bruce
Invalid Vote
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Treasurer
(Vote for one)
6
7. The voter marks all the choices for a race but further clarifies a choice for a particular candidate, issue choice or
judicial retention choice by placing an additional mark or marks showing support solely for that particular candidate, issue
or judicial retention choice.
Valid Vote for Arnaz
For Commissioner of Education
(Vote for one)
Valid Vote to Keep Justice in Office
Judicial Retention
State Supreme Court
(Vote yes or no)
Shall Justice Tom Poston be retained as Chief
Justice of the State Supreme Court
Valid Vote for Ball
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Commissioner of Education
(Vote for one)
4
8. The voter strikes through all the choices for candidates, issue, or judicial retention except for one and also leaves
the write -in candidate space blank.
Valid Vote for Bruce
For Commissioner of Agriculture
(Vote for one)
G i ,1[`illo i a.∎•
nor; A
Q Lenny Bruce
Write -In
7
9. The voter writes words such as "Vote for [candidate's name]," "Count this vote" or "Vote no on amendment or
referendum," or "I want this one provided there are no other markings in the race that would constitute a valid vote for
a different candidate, issue choice, or judicial retention choice pursuant to rule.
Valid Vote for Arnaz
For State Senator
(Vote for one)
Q Lucille Ball
Q Jack Benny
Q Desi Arnaz I OPe
Q Lenny Bruce
Valid "No" vote
Invalid Vote
Proposed Constitutional Amendment No. 1
Article section
(Popular Name)
An amendment to limit the increase in the assessed value of a taxpayer's real property after a
countywide reappraisal and to require a property tax credit.
vote n°
Q YES Proposed Constitutional Amendment No. 1
Q NO Proposed Constitutional Amendment No. 1
8
10. The voter fills in the majority of an oval, or the majority of the distance between the head and the tail of an
arrow designating a particular candidate, issue choice, or judicial retention choice regardless of how other races on the
ballot are marked.
Valid Vote for Arnaz
For School Board Member
(Vote for one)
Q Lucille Ball
Q Jack Benny
Desi Arnaz
Q Lenny Bruce
11. If a voter marks fewer candidates than there are positions to be elected for those offices, then the votes for all of
those marked candidates shall count. For example, if the voter is allowed to vote for 5 candidates in a special district
election "Vote for 5 and the voter marks 2 candidates, the votes for those two marked candidates shall count.
Valid Votes for Arnaz and Bruce
For County Commissioner
(Vote for three)
Q Lucille Ball
Q Jack Benny
Desi Arnaz
Lenny Bruce
12. The voter draws an arrow from the arrow head to a particular candidate, issue choice or judicial retention choice
or draws an arrow head on the tail end of the arrow in lieu of filling in the void between the arrow head and the tail for
the particular candidate, issue choice or judicial retention choice.
Valid Vote for Arnaz
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For U.S. Senator
(Vote for one)
IME
Valid Vote for Arnaz
For School Board Member
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
Valid Vote for Benny
For School Board Member
(Vote for two)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
Valid Vote for Bruce
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For U.S. Senator
(Vote for one)
9
13. The voter darkens or bolds the arrow head and the arrow tail but does not fill in the void between the arrow head
and the tail.
Valid Vote for Ball
14. The voter punches the oval or the void between the arrow head and tail.
Valid Vote for Ball
Valid Vote for Ball
For Attorney General
(Vote for one)
Lucille Ball
Q Jack Benny
Q Desi Arnaz
0 Lenny Bruce
15. The voter marks two or more choices similarly in one of the ways indicated in paragraphs 1.- 14. and
additionally writes in comments such as "not this," "ignore this," "don't want," or "wrong," or "Vote for [candidate's
name]" such that voter's definite choice is clearly indicated.
Lucille Ball
Jack Benny
Desi Amaz
Lenny Bruce
For Attorney General
(Vote for one)
MIN
Valid Vote for Benny
For Attorney General
(Vote for one)
Lucille Ball mu
Jack Benny
Desi Amaz N.
Lenny Bruce
Valid Vote for Arnaz
Lucille Ball
For Clerk of Court
(Vote for one)
Jack Benner
Desi Arnaz �l
Lenny e 4
10
(5) Write -in Voting.
(a) A voter is determined to have made a definite choice for a write -in vote for the joint office of PresidentNice-
President if the voter writes in either the last name of the candidate for President or the last name of the candidate for
Vice President. This standard similarly applies to constitute a valid write -in vote for the joint office of
Governor/Lieutenant Governor if the voter writes in either the last name of the candidate for Governor or the last name
of the candidate for Lieutenant Governor.
Valid Vote for Joint Qualified Write -in President and Vice President Candidates, Lenny Bruce and Sally Marr
O
For President/Vice President
(Vote for one)
Q Lucille Ball
Buster Keaton
O Jack Benny
Don Wilson
O Desi Arnaz
Xavier Cugat
O Lenny Bruce
Sally Marr
Marr
Write -in
(b) A voter is determined to have made a definite choice for a named candidate if the voter indicates a vote for a
candidate named on the ballot and also writes -in the name of that same candidate in the blank space for `write -in
candidate'.
Valid Vote for Benny
For Attorney General
(Vote for one)
O Lucille Ball
IMO Jack Benny
CD Desi Arnaz
CD Lenny Bruce
Benny
Write -In
11
(c) A voter is determined to have made a definite choice for a particular candidate if the voter either writes in the
name of a qualified write -in candidate or the name of a candidate who is named on the ballot in that race.
Valid Vote for Smith, if Smith
is a qualified write -in candidate
For Public Defender
(Vote for one)
CD Lucille Ball
CD Jack Benny
CD Desi Arnaz
CD Lenny Bruce
Write -In
(d) If a voter abbreviates, misspells or varies the form of the name of a candidate in the write -in candidate space, it
shall not affect the determination of whether the voter has made a definite choice.
(e) If a voter indicates a vote for a candidate named on the ballot and also writes in a name of a different person in
the write -in candidate space, it shall be considered an overvote and none of the votes are valid for that race.
Invalid Vote
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Sheriff
(Vote for one)
GOOFY
Write -In
Valid Vote for Bruce
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
'13 race.
Write -In
For Public Defender
(Vote for one)
Invalid Vote
For Sheriff
(Vote for one)
Lucille Ball
Jack Benny 1
Desi Amaz 1
Lenny Bruce
Chester
Write -In
12
(6) Overvotes. Except as otherwise provided in subsections (4) and (5), if the voter marks more choices than there
are positions or choices for that office or issue, it shall be considered an overvote and none of the votes are valid for that
race.
Invalid Vote
For U.S. Representative
(Vote for one)
0 Lucille Ball
CD Jack Benny
Desi Arnaz
Lenny Bruce
Invalid Vote
For U.S. Representative
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
7) Valid Vote.
(a) A vote shall not count for any particular candidate, issue choice, or judicial retention choice at issue unless
determined to be a valid vote pursuant to this rule.
(b)If a voter does not mark a candidate, judicial retention choice, or issue choice in a contest, the valid votes for
other candidates or issues on the same ballot shall still be counted.
Specific Authority 20.10(3), 97.021, 102.166(4) FS. Law Implemented 101.5614(5) 102.166(4); FS. History -New 6 -6-
02, 10 -6 -08.
13
INDIAN RIVER COUNTY CANVASSING BOARD
CRITERIA FOR 2009
1 Case by Case
SOE time /date stamp governs
Case by Case
Case by Case
pafaa
X
X
X
XX
pafay
x`
3oa(aa
x
x
x
x
x
x
x
x
;daooy
X
x
;daooy
X
Accept
Y
Y
Y
X
x
Absentees
I No Signature
'Signature does not match
Voter signed envelope that had a label for someone else and the other
person had a request on file (same ballot style)
'Voter wrong ballot card (voter has moved)
pau.miai tolleq aouls paliaoueo Jo paseaoap ia;oAI
'Late return of absentee ballot
'Voted early or at the polls
'Voter writes date on certificate
First time voters who registered by mail Special Absentees
'Voter provides proper identification or indicates exemption
Once the above is determined, ballot is canvassed as all other absentees
Provisional Ballots
'Voter is eligible, signature matches, correct precinct
'Voter is eligible but did not have proper ID Signature matches that on file
'Voter given the provisional in error should have voted a regular ballot
'Voter is eligible, signature matches, NOT the correct precinct
INot found not registered to vote
'Voter moved out of county
'Voter was cancelled as a FELON I
(Voter was cancelled for other reasons 1
'Voter registered after the books closed
'Voter's application was incomplete so not eligible to vote
Voter eligibility questioned because FVRS ID match not complete and FVRS
does confirm match prior to end of canvassing period, OR vote does show up
with acceptable evidence of eligibility
voter eligibility questioned because FVRS ID match not complete and FVRS
has not confirmed match prior to end of canvassing period. Voter does not
show up with evidence of eligibility or it was not acceptable proof of
eligibility
Voter's signature does not match and voter refuses to sign "Signature Differs"
Affidavit. If signature on Provisional matches that on file in the SOE office
INDIAN RIVER COUNTY CANVASSING BOARD
CRITERIA FOR 2009
INDIAN RIVER COUNTY CANVASSING BOARD
600Z 110d VI/13116D
'Must have signed the FWAB and the signature verified
'Must be registered voter in the county
Federal Write -In Absentee Ballot
'Wait to see if we have requests have never had one
State Write -In Ballot
'Dated and postemarked after election or dated after election with no postmark
'Dated on or before election day but postmarked later or no postmark
'Dated or postmarked on election day
No postmark or date
Absentees from Overseas Voters (10 days after the election)
'Voting hours extended voter is eligible and NOT in the correct precinct
'Voting hours extended voter is eligible and in the correct precinct
Voter has disputed party affiliation in a primary provisional ballot is the
wrong party according to SOE research
'Voter's right to vote has been challenged
Voter had been sent an absentee ballot, did not surrender it, absentee ballot
has not been received by SOE
Voter's signature does not match and voter refuses to sign "Signature
Differs" Affidavit. If signature on Provisional does not match that on file in
the SOE office
Provisional Ballots (continued)
Accept
X
X
Accept
X
X
Accept
Just the Facts
Reject
X
X
Reject
X
X
X
Reject
Case by Case
Case by Case
X
Case by Case
INDIAN RIVER COUNTY CANVASSING BOARD
600Z 110d VI/13116D
Canvass of Absentee Ballots
October 31, 2009
As per authority granted to the Municipal Canvassing Boards in Florida Statute 101.68(2)
(a), we will begin processing absentee ballots as follows:
Voted Absentee Ballots
All voted absentee ballots have been previously sorted by election staff into city order
according to the return certificate envelope that contains the precinct number. All voted
absentee ballots will be opened and sorted one city at a time.
Letter Openers
Voted absentee ballots will be run through the electric letter opener. As they are opened
they will be picked up by the Absentee Ballot Coordinator or her assistant and distributed
to the Opening Team.
Opening Team
Opening Team will remove the secrecy envelope with the ballot enclosed from the outer
certificate envelope. They will stack certificate envelopes in one stack and secrecy
envelopes with the ballot enclosed in another stack. The Absentee Ballot Coordinator or
her assistant will remove both stacks from the deck. If during the opening process the
team finds more than one ballot in an envelope they will notify the Absentee Ballot
Coordinator who will give the ballots and the certificate envelope to the Canvassing
Board for their determination.
Sorting Team
Absentee Ballot Coordinator or her assistant will distribute the secrecy envelopes with
the ballot enclosed to the sorting team. The sorting team will remove the ballots from the
secrecy envelopes stacking the secrecy envelopes in one stack and the ballots in another
stack. Both stacks will be removed from the deck by the Absentee Ballot Coordinator or
her assistant. All voted absentee ballots will be placed on a cart to be counted.
Canvassing Board
The Canvassing Board will review all ballots with certificate abnormalities which have
been set aside by election staff prior to absentee opening. Once determinations have been
made Canvassing Board will leave the ballots (in their respective certificate envelopes)
and will sort the accepted ballots into the "Accepted" tray and will be picked up by the
Absentee Ballot Coordinator and placed on the cart to be counted. Ballots to be rejected
will be stamped "rejected as illegal unanimously" (if a split vote occurs the vote will be
recorded on the certificate as to who voted for and against) and placed in the "Rejected"
tray by the Canvassing Board. Ballots with voter intent issues will be duplicated if
needed. The Canvassing Board will make its determination and highlight which
selections should be marked on the duplicated ballot and one member will initial the
ballot if the Canvassing Board agrees unanimously on the voter intent issue. If the vote is
not unanimous, each member will initial the ballot and record their vote. The
Canvassing Board will put all ballots to be duplicated in the "To Be Duplicated" tray. If a
ballot is found with a "write in" candidate it will be stamped as "rejected unanimously"
as write -in ballots are not permitted in municipal elections.
Duplicating Teams
Absentee Ballot Coordinator will provide the `To Be Duplicated" tray of ballots to the
duplication team along with unmarked ballots to be used for duplication, Duplication
team will be issued a duplication board log which has a team letter assigned. Each
original ballot will be marked "VOID" and each original ballot and "Duplicate" ballot
must be marked with a matching team letter and number. Original ballot will go into
"Voided Ballot" envelope and the Duplicate ballot will go into the "Ready to Count"
tray.
Tally
Once all ballots have been opened and sorted by city; all Canvassing Board
determinations and duplications have been processed, the cart filled with absentee ballots
to be counted will be moved to the tabulation room escorted by the Canvassing Board
Members and police officer.
The ballots will be run through the 400 -C high speed counter. All ballots will be counted
but not entered into the tabulation system. No count will be recorded or released. The
count will be on the hard drive of the 400 -C and a back up floppy disk will be made and
locked in a sealed transfer case until we begin the official count at 7:00 PM election
night.
All of these procedures will be duplicated at 4:45 PM on Election Day when we canvass
the absentees received between Saturday and Tuesday.
Canvass of Absentees2009 /doc.
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ELECTION AFTERNOON ABSENTEE BALLOT OPENING
CANVASSING BOARD ROOM LAYOUT
Letter Opener
Opening Team
Opening Team
Letter Opener
Opening Team
Opening Team
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Observers
Canvassing
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Back Hall
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Attorney
SOE
Canvassing
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IT Room
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Election Night Canvassing Board Room Layout
Results on Screen
Letter Opener
Observers
Observers
Letter Opener
Poll Worker Chairs
Canvassing
Board
Back Hall
Entry
Attorney
SOE
Canvassing
Board
IT Room
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Ballot Type
Method
Returned
Statutory/Legal Authority
Regular Absentee Ballot
Mailed
101.62 Requests
101.64 Delivery
101.68 Canvassing
101.6921 Certain 1 Time Voters
101.6925 Canvassing Special Absentees
101.694 Federal Postcard Applications
101.6952(2) From Overseas Voters
Regular Absentee Ballot
Faxed'
101.62 Requests
101.64 Delivery
101.68 Canvassing
101.697 Electronic Transmission
1S-2.030 FAC
State Write -in Ballot
Mailed
101.6951 Requests and Delivery
1 S -2.028 FAC
State Write -in Ballot
Faxed'
101.6951 Requests and Delivery
101.697 Electronic Transmission
1 S -2.028 FAC
1 S -2.030 FAC
Federal Write -in Ballot
Mailed
UOCAVA 42 USC 1973ff
Federal Write -in Ballot
Faxed'
UOCAVA 42 USC 1973ff
Section 11: FSASE Canvassing Board Manual Rev 10/2007
PRIORITY ORDER FOR PROCESSING ABSENTEE BALLOTS
BY BALLOT TYPE
Faxed ballots must be received no later than 7:00 p.m. election day.
Fax
ELECTRONIC TRANSMISSION OF ABSENTEE BALLOTS AND RELATED
MATERIALS 1S -2.030 FAC
(For Overseas Voters)
Absentee ballot request may be accepted by the supervisor of elections by fax.
Absentee ballot may be provided to the voter by fax.
Voted absentee ballot may be returned to the supervisor of elections by fax.
Email
Absentee ballot request may be accepted by the supervisor of elections by email.
Absentee ballot may be provided to the voter by email.
Voted absentee ballot may not be returned to the supervisor of elections via email.
Canvassing Absentee Ballots
119rth Pp 11 El .,.tions, November 2009
Canvassing Absentee Ballots
Prior to Counting
As ballots arrive in our office they are clocked in,
sorted, and signatures on every ballot are compared
to our voter registration system records.
Ballots with signature variations are sorted into a
separate batch for the Canvassing Board to review.
Ballots with specific errors on the certificate on the
envelope are also sorted out by the staff for
Canvassing Board review.
All ballots are stored in fireproof cabinets under
24/7 video surveillance.
Pre Election Day Processing
Authority is granted to Canvassing Boards
by Florida Statute 101.68(2)(a) to begin the
canvassing of absentee ballots not more
than six days out from an election.
Anyone who releases a total of those ballots
processed early is guilty of a third degree
felony.
We do not run a report of totals so that no
one sees a result and therefore cannot
release any totals.
10/30/2009
1
Canvassing Board Determinations
Canvassing Board will review those
ballots /certificates with certificate
issues using acceptance standards they
have reviewed and approved.
If deemed illegal, the Board shall
stamp the ballot "Rejected as Illegal"
and initial the ballot.
Those deemed "legal" will be given to
the Absentee Coordinator to add to the
proper stack of ballots to be counted.
Protests
Canvassing Board will accept any protest or
challenges brought against an absentee ballot.
Any elector or candidate may protest if they believe
the certificate has a defect.
We advertise the time that these certificates /ballots
can be reviewed in our office.
The protest must be filed before the ballot envelope
is opened.
Canvassing First Time Voters Absentees
Certain voters who registered to vote by mail and
are first time voters in the state have special
requirements that must be met.
If they have not submitted identification to the SOE
they must submit it in a separate envelope along
with the absentee ballot.
SOE staff can open the "extra" envelope to check
identification or check to see if the voter is exempt
from the requirement.
If not, the ballot is treated as a provisional until 7
PM on election day and cannot be canvassed unless
the voter complies with identification requirement.
10/30/2009
2
Canvassing Provisional Ballots
On Election Day, we will receive Certificate
Envelopes from Polling places which reflect
information about voters allowed to vote a
provisional ballot on the touch screen or the Insight.
Canvassing Board must review certificate to see if
voter was eligible and had not already voted.
We can compare the signature we have on file for
the voter with the signature on the certificate and if
they match allow the ballot to be counted.
10/30/2009
3
Public Test of Equipment
❑u-t be puSIFO t
101 .5612, Florida Statutes
Who can attend?
Public
Representatives of the Political Parties
Candidates or their representatives
Law requires 48 hour notice in
newspaper
When do we test?
At least ten days prior to the beginning
of early voting.
Early voting starts 15 days prior to the
election.
10/30/2009
1
Why test?
To determine the voting system is
properly programmed and that the
election is correctly defined, and that
all of the voting system input, output,
and communication devices are
working properly.
How do we test?
We randomly select voting machines to test. Must test 2% of
those to be used or 10 machines whichever is greater.
We make sure machines are set to zero by running a test on
them first.
Touch screens are tested and Optical scan paper ballots.
Paper ballots are premarked voting one vote for each choice
in each race. (Two votes for a Vote for One race or three
votes for a Vote for Three race, etc.).
One ballot is Overvoted to make sure the tabulating system is
rejecting the vote.
One ballot is Undervoted to make sure the tabulating
equipment is sorting it out for the Canvassing Board to look at
it to make voter intent decisions.
Public Testing
The touch screen equipment is
programmed by our staff to run a
"vote simulation script" which votes
every position in each race.
10/30/2009
2
Undervotes /Overvotes
You cannot overvote on a touch screen.
You can undervote that is the voter's
choice.
We do not test over and undervoting on
the touch screen equipment.
If you undervote on a touch screen there
is no question what your "intent" was
the vote is clearly indicated unlike a paper
ballot
Testing the tabulation
We run the "vote simulation script" on the Touch
screen equipment until it completes its program.
We "close the polls" on the machine and all totals
are copied to the cartridge which holds all the
election data for each machine.
We also make a copy of the cartridge (audit trail
cartridge). The original cartridge will go out in the
machine to the polling place (or early voting site).
Tallying the vote
Since we know how we voted all the ballots we know what the results
will be when we tabulate the vote and we check to see that it
matches the control sheet.
We open the tabulation system and run a zero proof report to show
the system is set to zero. Canvassing Board members initial this
report.
We tally all the votes from the touch screen cartridges.
We tally all the votes from the optical scan ballots using a 400 -C
machine in the tabulation room.
We transfer the totals from the paper ballots to the WinEDS
tabulation system which tallies the votes from both the touch
screens and the 400 -C.
A report is printed and all Canvassing Board members verify the
predetermined results.
10/30/2009
3
Reporting
We send a copy of all the programming and election
parameters on the tabulation system to the Department of
State after we test the equipment.
They hold a copy to make sure nothing has been tampered
with should there be a question about the election.
We send the canvassing board report to the DOS.
All original testing reports and the audit trail cartridges are
stored in a locked and sealed container to be opened when we
conduct the another public test in case there is an anomaly
reported.
The sealed container is placed in the fireproof vault in the
tabulation room which is under 24/7 video surveillance.
10/30/2009
4
INDIAN RIVER COUNTY RECOUNT PROCEDURES
Administrative Rule 1S-2.031
MACHINE RECOUNT PROCEDURES
Determination of Recount
1. State law mandates automatic recount if margin between candidates or issues in unofficial
results is one -half of a percent or less of the votes cast for such office or issue
2. If it is a multi- county contest the State Division of Elections will notify counties of
Determination of Recount
3. If it is a county contest, the County Canvassing Board will order a recount.
4. If it is a municipal contest, the Municipal Canvassing Board will order a recount.
5. Determine if contest falls one -half of a percent or less margin (Candidate A/votes cast
Candidate B /votes cast x 100). F.S. 102.141(6). Or, follow percentage rates on tabulation
report
6. Canvassing Board decides date and time of recount
7. At least 2 members of Canvassing Board shall be present during all times a machine or
manual recount is being conducted.
Notice of Recount
8. Canvassing Board notifies candidates and committees affected in the race or issue. SOE
posts notice of recount on the front door of SOE office and on website. Initial newspaper
advertisement states that we may call a meeting as required and notice will be posted.
9. Losing candidate(s) may request in writing that a recount not be made.
10. Each Canvassing Board shall provide public notice of the time place of manual recount
either in a newspaper of general circulation in the county or posed in at least 4 conspicuous
locations in the county. Our initial newspaper advertisement for this election states that we
may call a meeting if needed and notice will be posted.
Public Test of Voting Equipment
11. Backup election databases.
12. Conduct pre- recount L A.
13. Adjust election definition to count selected offices or question.
Optical Scan Ballot Machine Recounts
14. Isolate contest or issue affected from tabulation system for optical scan ballots.
15. Reset tab counters to zero.
16. Change election parameters so that the recounted race will be tabulated and that ballots
containing overvotes and undervotes in the recounted race can be sorted from the other
ballots during the machine recount.
17. Process out stacked optical scan ballots turning off overvote and undervote mechanism. The
tabulating equipment will determine the number of overvotes and undervotes in the recounted
race.
18. Sorted ballots shall be placed in sealed containers until it is determined whether a manual
recount will be conducted. Seal numbers shall be recorded at the time the ballots are placed
in the containers.
19. IT Administrator produces a second optical scan ballot results report.
20. The machine recount is compared to election night results.
Touch Screen Ballot Machine Recounts
21. Produce printed vote totals for affected race(s) for each precinct and early voting site.
22. Compare the total number of votes for affected race with total number of voters who signed in
to vote at each precinct and early voting site.
23. Canvassing Board shall verify that the total votes for recounted race taken from printed vote
totals for each precinct and early voting site are the same as the total votes shown on county
totals from election night.
24. Combine recount totals from optical scan ballots with Touch Screen vote totals to produce a
second set of unofficial results.
Post Machine Recount
25. If the margin between candidates or issues in unofficial results is 1 /4% or Tess, state law
mandates a manual recount be conducted.
26. Place all affected machine cartridges in a sealed container, if no manual recount required.
MANUAL RECOUNT PROCEDURES
Determination of Manual Recount
1. From the second set of unofficial results, the Canvassing Board determines if margin
between candidates or issues is one quarter of a percent or Tess of the votes cast for such
office or issue, which would require a manual recount. In the case of multi- county contest,
the State Division of Elections will notify counties if a manual recount is required.
Setup of Manual Recount
2. Ballots with overvotes and undervotes shall be transported to the location of the manual
recount by two members of the Canvassing Board and a sworn law enforcement officer.
3. From the time the manual recount is started until completion, ballots are to be guarded by a
sworn law enforcement officer.
4. The room for the manual recount must be large enough to accommodate the counting teams,
and representatives from candidates, parties and political committees. Members of the
public and press shall observe from a separate area. A sworn law enforcement officer shall
be in the recount area to keep order.
Notification
5. If the manual recount is ordered by the Canvassing Board, the Canvassing Board will notify
the candidates, political committees and chairmen of county executive committees of political
parties that a recount has been ordered and when and where it will take place.
6. If the manual recount is ordered by the State Elections Canvassing Commission, the
Commission shall notify the candidates and chairmen of the state executive political parties,
and political committees, that a manual recount has been ordered. The candidates or
chairmen are responsible for contacting the Supervisor of Elections in each county involved
in the manual recount to find out when and where the recount will be conducted and the
number of representatives such candidate or committee is entitled to have present during the
manual recount process.
7. If the race to be manually recounted is a federal, state or multi- county race, the Canvassing
Board shall notify the State Elections Canvassing Commission of the number of overvotes
and undervotes in the county for the affected race.
8. The Canvassing Board will provide public notice of the time and place of the manual recount
in a newspaper of general circulation in the county and posted at 4 conspicuous locations in
the county or municipality. The Canvassing Board will also notify media outlets.
Manual Recount Representatives
9. Candidates, political parties, or political committees entitled to representation must provide a
list of designated representatives.
10. Candidates are allowed one representative per counting team, plus one additional
representative for the Canvassing Board. Political parties who have candidates in recounted
partisan races are allowed only one representative to observe the Canvassing Board.
11. Political Committees are entitled to representatives if their Statement of Organization
specifically states that they support or oppose the recounted ballot issue. The Canvassing
Board shall notify each committee chairmen of the number of representatives it is entitled to
have present.
12. Political Committees are entitled to representatives if their Statement of Organization
specifically states that they oppose the retention of judicial candidates, and are entitled to one
representative per counting team, plus one additional representative for the Canvassing
Board.
13. Judicial candidates for merit retention are entitled to representatives in the same manner as
candidates for election.
14. Representatives must not interfere with or disturb the recount in any way. If a disruption
occurs, the recount will stop until the situation is corrected. If the problem continues, the
Canvassing Board may vote by majority to have the law enforcement officer remove the
person(s) causing the disruption.
Persons Allowed in Canvassing Board Area /Counting Area
15. Public and press allowed to observe process from a designated area outside the recount
area.
16. Counting Teams, Canvassing Board Members, Supervisor of Elections' staff and
representatives determined above are allowed in the recount area.
Duplicate Ballots
17. Each duplicate ballot in the affected race(s) prepared pursuant to s. 101.5614(5) (Damaged
Absentee Ballots Duplicated prior to counting) or s. 102.141 (6) (Damaged Absentee Ballots
Duplicated during recount) shall be compared with the original ballot by the Canvassing
Board prior to the manual recount to ensure the correctness of the duplicate. (102.166(6)(b)
F.S.)
Counting Teams
18. Determine number of counting teams needed for manual recount. The Canvassing Board
shall appoint as many counting teams of at least two voters as is necessary to manually
recount the ballots. A counting team must have, when possible, members of at least two
political parties. (102.166 (6)(a), F.S.)
19. Set up counting area for the manual recount.
Manual Recount Review
20. Prior to the start of the manual recount, the Canvassing Board, members of the counting
team(s), and representatives entitled to be present shall review the rules and procedures of
the manual recount. Rule 1S-2.027 "Clear Indication" will also be reviewed prior to the start of
the manual recount.
Record of Canvassing
21. 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, minutes of the manual
recount shall be made and approved by the Canvassing Board and shall be available to the
public within 2 weeks of the time the results of the election are certified.
Beginning of Manual Recount
22. Seal numbers on the containers shall be announced as they are broken and compared to the
numbers previously recorded.
23. IT Administrator will print Canvass Report.
24. The Canvassing Board will maintain a log of which precinct ballots are given to which
counting team.
Optical Scan Ballot Recount Teams
25. Each counting team shall review the overvoted and undervoted optical scan ballots to
determine if there is or is not a clear indication that the voter has made a definite choice, as
specified in Administrative Rule 1 S- 2.027. If the counting team is unable to make the
determination, or if there is an objection to the decision of the counting team by a designated
representative, the ballot shall be set aside for the Canvassing Board's determination
26. Each counting team shall place the ballots in stacks indicating:
1. Votes for each candidate or issue (separate stack for each choice);
2. Ballots which the counting team has determined there is no clear indication that the
voter made a definite choice for an office or ballot question.
3. Ballots to be set aside for the Canvassing Board's determination.
27. The counting team shall count their stacks, and shall submit those totals to the Canvassing
Board. All ballots must stay together.
28. The counting team shall place in a separate envelope each ballot which needs a Canvassing
Board determination. On the outside of the envelope the team shall note the precinct number,
why the team was unable to make the determination, and the names of the members of the
counting team.
29. If a ballot was set aside because of representative objection, the team shall note on the
envelope the precinct number, the names of the counting team, the counting team's initial
determination, the reasoning behind the challenge and the name and representative capacity
of the person bringing the challenge. The Canvassing Board shall review each ballot set
aside to determine if there is or is not a clear indication that the voter has made a definite
choice, as specified in Administrative Rule 1S- 2.027. All three members of the Canvassing
Board must be present for this determination and the determination must be by majority vote.
30. The records of the manual recount shall detail the number of votes each candidate or issue
received and the number of ballots not allocated to any candidate or issue. The Canvassing
Board shall compare the optical scan ballot totals from the manual and machine recounts.
Touch Screen Ballot Manual Recount
31. The Canvassing Board shall order the printing of one official copy of the ballot image report
from each voting machine that recorded at least one undervote for the affected race or issue.
(Form DS -DE 72, eff. 11/05)
32. Touch screen voting systems do not permit a voter to cast an overvote; therefore, the
Canvassing Board shall accept the machine recount as conclusive that there are no
overvotes in the race or issue to be manually recounted.
33. Sequoia touch screen voting system: A clear indication that the voter made a definite choice
to undervote shall be determined by the absence on the ballot image of any numeric codes
designated for the affected candidates or issues. (Form DS -DE 72, eff. 11/05)
34. The ballot image report shall be examined by the counting teams for the race or issue being
recounted to identify and highlight ballot images containing any undervotes for the affected
race or issue.
Touch Screen Recount Teams
35. For the voting machine manual recount, counting teams will highlight ballot images containing
at least one undervote.
36. Counting teams shall maintain a running tally of the number of undervotes per voting
machine.
37. Counting teams shall tabulate the number of undervotes for each precinct. Election staff will
provide each counting team the amount of undervotes recorded for each voting machine in
each precinct.
38. Counting teams shall compare the total number of undervotes manually recounted for each
precinct with the number of undervotes reported by the tabulation system.
39. If the total number of undervotes matches, the counting team shall certify the results of the
machine recount to the Canvassing Board.
40. If the total number of undervotes does not match, the counting teams shall recount the
number of undervotes for such precinct up to two additional times to resolve the discrepancy.
41. If the discrepancy remains, the Canvassing Board shall resolve the discrepancy with respect
only to such precinct.
42. All three members of the Canvassing Board must be present for any determination or
decision made regarding the touch screen Manual Recount. Any determination or decision
must be by majority vote.
43. The Canvassing Board shall confirm the voting machine totals from the manual and machine
recounts.
44. The Canvassing Board determines final voting machine recount results by reviewing and
confirming results of the machine and manual recounts. Election staff will prepare precinct
totals for the form.
Official Final Results
45. The Canvassing Board shall certify official final results for the voting machine and optical
scan ballot totals from the manual and machine recounts.
Special Circumstances
If ballots were sorted for more than one race during the machine recount, the following additional
procedures shall be used:
1. The election parameters shall be changed so that only overvoted and undervoted ballots for
one recounted race will be sorted.
2. All ballots previously sorted pursuant to subparagraph (2)(a)2, Recount Rule 1S- 2.031, shall
be put back through the tabulating equipment to sort the ballots for the first manually
recounted race.
3. If there is another race to be manually recounted, following the first manual recount, the
sorted ballots from the first manually recounted race will be combined with the other sorted
ballots.
4. The election parameters shall be changed to sort the overvoted and undervoted ballots for
the next manually recounted race.
5. All previously sorted ballots shall be put back through the tabulating equipment to sort the
ballots for the next manually recounted race.
6. The Canvassing Board shall make an identifying mark or notation on each sorted ballot, in an
area that does not interfere with the counting of the ballot, to indicate that the ballot was a
manually recounted ballot for a particular race.
Rule 1S -5.026 Post Election Certification Voting System Audit.
(1) General application. The provisions of this rule apply to a manual audit of a voting system to
be conducted after certification of an election. The purpose of the manual audit is to ensure that the voting
system deployed in the election tabulated all votes properly. A manual audit is not required in any election
in which only paper ballots are used and are not tabulated by a voting system.
(2) Definitions. For purposes of this rule only, the term:
(a) "Audit team" means a two person team that manually sorts and tallies the votes. The audit
team may consist of employees of the supervisor of elections, poll workers or other temporary personnel
acting under the direction of the county or other local canvassing board.
(b) `Ballot image" means an electronic record of the content of a ballot cast by a voter and
recorded by the voting device.
(c) `Ballot image report" means the printout of ballot images for each machine or precinct
generated.
(d) `Board" means the county canvassing board or other local board responsible for certifying the
election. The board shall be governed by the provisions of section 102141, Florida Statutes, including the
process for substitution in the event a member is unable to serve.
(e) "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.
(f) Marksense ballot" means the printed sheet of paper, used in conjunction with an electronic or
electromechanical vote tabulation voting system, containing the names of candidates, or an issue such as a
proposed constitutional amendment or other public measure submitted to the electorate at any election, on
which an elector casts his or her vote.
(g) "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 s. 97.021(4), F.S.
(3) Forms.
(a) The following forms are used in this rule and are incorporated by reference:
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1. Form DS -DE 105 A, entitled "Audit Team Worksheet for Direct Recording Electronic Ballots"
(eff. 1046 -08)
2. Form DS -DE 105 B, entitled "Audit Team Worksheet for Marksense Ballots" (eff. 10- 16 -08).
3. Form DS -DE 106, entitled "Precinct Summary" (eff.10- 16 -08).
4. Form DS -DE 107 entitled "Post- Election Certification Voting System Audit Report" (eff.10 -16-
08).
(b) Copies of the forms may be obtained from the Division of Elections, Room 316, R. A. Gray
Building, 500 South Bronough Street, Tallahassee, Florida 32399 -0250, from the Division of Elections
website at: http: /election.dos.state.fl.us, or by contacting the Division of Elections at (850)245 -6200.
(4) Board duties. The Board must:
(a) Publish at least a 24 -hour advance notice of the meeting to conduct the random race and
precinct selection and the meeting to conduct the manual audit. The notice may be published before the
official certification of the election results but neither the random selection nor the manual 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) Conduct, complete and make available the results of a manual audit of a voting system no
later than 11:59 p.m. of the 7 day following the official certification of election results.
(c) Submit to the Department of State a report of the audit results in accordance with the report
format prescribed in subsection (10) within 15 days after the manual audit is completed.
(5) Random Selection of Race and Precincts.
(a) The Board shall determine the method of random selection of the race and precincts to be
audited. The selection method must be done manually and independent of any software program, and on a
random basis using a uniform distribution in which all races have an equal chance of being selected and all
precincts in which the selected race appears have an equal chance of being selected. Examples of such
selection may include selection by drawing lots or by using a ten -sided die. However, the selection method
should be done in a way that the public is assured that all races as defined in rule that appear on the ballot
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are included in the random selection of the race, and that all precincts containing the selected race are
included in the random selection of the precinct or precincts.
(b) The Board shall first randomly select a race from all available races on the ballots. In the event
that multiple municipal or other local elections are held on the same day in a county and the county
canvassing board certifies the elections, one manual audit will cover all elections held on that day and all
races involved in the elections shall be available for selection of the race and precincts.
(c) The Board shall next randomly select two percent of the precincts in which the selected race
appears. If two percent of the precincts equals less than a whole number, the number of precincts to be
audited shall be rounded up to the next whole number.
(6) General Procedures.
(a) A majority of the Board shall be present at all times until the manual audit is completed.
(b) Prior to the beginning of the manual audit, the Board shall jointly review the rules and statutes
governing audit procedures. The Board shall also review the security procedures for manual audits
established by the Supervisor of Elections pursuant to subsection (11).
(c) The Board shall ensure that, at a minimum, the minutes of the manual audit proceedings are
taken and promptly recorded and maintained.
(d) The Board shall conduct the manual audit in a room large enough to accommodate the
following, at a minimum the board, the audit teams and, if present, two public observers per audit team. If
a large public turnout is anticipated, the Board should take reasonable steps to select the largest available
public meeting room to accommodate the turnout. In the event that the room is not large enough to
accommodate all public observers present, the Board shall provide for the random selection of the
observers from among those present just prior to the beginning of the manual audit The observers shall be
allowed to witness the audit team's activities but may not interfere with the proceedings. The Board shall
announce the procedures that will allow any departing public observers to be replaced by other observers.
(e) The Board may adopt reasonable rules and policies to ensure the public does not interfere or
otherwise disturb the manual audit, including taking whatever reasonable action is necessary to have
disruptive and unruly persons removed by law enforcement officials.
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(f) The Board shall appoint as many audit teams as necessary to assist in the manual audit. The
Board shall resolve any disagreement on the handling or processing of a ballot by an audit team in
accordance with the rule.
(g) No person except the Board, an employee of the Supervisor of Elections or a member of an
audit team shall handle any ballot or ballot container, or interfere with or obstruct the orderly manual audit.
(h) To the extent possible, the certified result from the selected race and precinct(s) to be audited
shall not be disclosed in advance to the audit teams.
(7) Specific procedures direct recording electronic voting machine ballots. The Board and the
audit teams shall follow these specific audit procedures for votes cast on direct recording electronic
machines:
(a) The Board shall order the printing of one official copy of the ballot image report from each
machine to be audited. The ballot image shall constitute the ballot for purposes of the tally in accordance
with this subsection.
(b) The Board shall differentiate among the voter's various choices in the selected race by
assigning a distinct color code to each possible choice in that race.
(c) The audit team shall highlight the voter's choice on the ballot image report in accordance with
the assigned color code.
(d) The audit team shall then tally the results and write the number of votes for each candidate or
issue choice on the Audit Team Worksheet for DRE Ballots (DS -DE 105 A).
(e) The audit team shall otherwise examine the ballot images and follow the procedures used
under subsection (8) for tallying and recording the votes.
(8) 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) 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.
(b) The tally shall be of the marksense ballots that were tabulated by the voting system.
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(c) Ballots cast at the precinct on Election Day, early voted ballots, absentee ballots and
provisional ballots for each precinct shall be audited separately.
(d) In order to distinguish between errors attributable to improper marking of the ballot versus
voting system tabulation error, each audit team shall examine a ballot and if in agreement, shall place a
ballot into one of the following stacks:
1. Ballots on which the voter overvoted in the selected race.
2. Ballots on which the voter undervoted in the selected race.
3. Ballots on which the voter marked the race in a manner that should have been read by the voting
system tabulator.
4. Ballots on which the voter marked the race in a manner that might not have been read by the
voting system tabulator (deemed questionable ballots).
(e) The audit team shall sort the ballots that were stacked in subparagraph (8)(d)3. according to the
voter's choice in the selected race. For example, all ballots with votes for Candidate A should be placed in
one stack and all ballots with votes for Candidate B should be placed in another stack. The audit team
members shall then tally the number of ballots in each of those stacks and write the number of votes for
each candidate or issue choice in the specific race on the Audit Team Worksheet for Marksense Ballots
(DS -DE 105 B).
(f) The audit team members shall also tally the number of ballots for each stack as separated in
subparagraphs (8)(d)1., 2., and 4. and write the number of ballots in each stack on the Audit Team
Worksheet for Marksense Ballots (DS -DE 105 B).
(g) The manual audit shall continue until completed. A recess may be called but procedures,
established by the supervisor of elections, -for securing the tally results and ballots shall be followed during
the recess.
(9) Results Compilation.
(a) The board shall direct the supervisor to print 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, absentee,
and provisional. The provisional number may be included in one of the other numbers. This report will
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be what the board shall compare to the audit teams' manual count. The report shall not be provided to the
audit team members.
(b) After the audit team has finalized its tally, the Board shall compile the results and compare the
manual tally under subsections (7) and (8) to the official vote totals for the selected race in the selected
precinct(s).
1. If the manual tally and official vote totals match for that precinct, this result is to be listed on
the Precinct Summary form (DS -DE 106).
2. If the manual tally and official vote totals do not match, the Board shall determine if the
difference can be reconciled by reviewing the official totals and the stack set out pursuant to paragraph
(8)(d)1., 2, and 4. If the re-tally and totals still do not match, the Board shall direct a different audit team, if
available, to conduct a manual re-tally.
3. If the re -tally and totals still do not match, the Board shall direct the audit team, to review the
paper ballot tabulator printed tapes or reports for the number of ballots cast in the selected race and
precinct(s). If the number of ballots cast in the selected race from the printed tapes or reports does not
match the number of ballots audited, the canvassing board shall take the steps necessary to resolve the
discrepancy. If that tally and official totals still do not match, that manual tally and difference are to be
noted on the Precinct Summary form (DS -DE 106).
(10) Audit Report. The Board shall submit its report to the Department of State using the "Post
Election Certification Audit Report" (DS -DE 107). Each audit report shall be accompanied by a
completed Precinct Summary form (DS -DE 106) for each precinct audited. The report shall also include a
description of:
(a) The overall accuracy of the audit.
(b) Problems or discrepancies encountered, if any.
(c) The likely cause of any problems or discrepancies encountered, if any.
(d) Recommended corrective or remedial actions for any problems or discrepancies encountered,
for purposes of avoiding or mitigating such problems or discrepancies in future elections.
(11) 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 the
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security of ballots, chain of custody controls, protocols for authorized access and secure storage of ballots
that may be used in a manual audit.
Specific Authority 20.10(3), 97.012(1), 101.591, 101.5911 FS. Law Implemented 101.591, FS. History—
New 10- 16 -08.
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