§ 101.294 Purchase and sale of voting equipment.
Overview of Statute
(1) The Division of Elections of the Department of State shall adopt uniform rules for the purchase, use, and sale of voting equipment in the state. No governing body shall purchase or cause to be purchased any voting equipment unless such equipment has been certified for use in this state by the Department of State.
(2) Any governing body contemplating the purchase or sale of voting equipment shall notify the Division of Elections of such considerations. The division shall attempt to coordinate the sale of excess or outmoded equipment by one county with purchases of necessary equipment by other counties.
(3) The division shall inform the governing bodies of the various counties of the state of the availability of new or used voting equipment and of sources available for obtaining such equipment.
(4) A vendor of voting equipment may not provide an uncertified voting system, voting system component, or voting system upgrade to a local governing body or supervisor of elections in this state.
(5) Before or in conjunction with providing a voting system, voting system component, or voting system upgrade, the vendor shall provide the local governing body or supervisor of elections with a sworn certification that the voting system, voting system component, or voting system upgrade being provided has been certified by the Division of Elections.
s. 2, ch. 72-303; s. 19, ch. 73-156; s. 17, ch. 77-175; s. 6, ch. 84-302; s. 31, ch. 2005-277.
- Voting Technology
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
3. Definition for Voting System
4. Definition for Governing Body
As used in ss. 101.292-101.295, “governing body” means the board of county commissioners of a county or any other governing body empowered by general or special act or local ordinance to purchase or sell voting equipment. Fla. Stat. § 101.292(1).
5. Definition for Voting Equipment
As used in ss. 101.292-101.295, “voting equipment” means electronic or electromechanical voting systems, voting devices, and automatic tabulating equipment as defined in s. 101.5603, as well as materials, parts, or other equipment necessary for the operation and maintenance of such systems and devices, the individual or combined retail value of which is in excess of the threshold amount for CATEGORY TWO purchases provided in s. 287.017. Fla. Stat. § 101.292(2).
6. Definition for Division
The Division of Elections of the Department of State. Fla. Stat. § 97.021(8).
7. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
8. Definition for Purchase
As used in ss. 101.292-101.295, “purchase” means a contract for the purchase, lease, rental, or other acquisition of voting equipment. Fla. Stat. § 101.292(3).
Case Name: American Ass’n of People with Disabilities v. Harris
Citation: 647 F.3d 1093
Federal Circuit Court: 11th Circuit Court
Case Summary: American Association of People with Disabilities v. Harris held that voting machines are not facilities because the structure of DOJ regulations, the DOJ's non-binding guidance, and cases defining facility all suggested that only permanent, physical structure and fixed items attached to those structures were facilities that could be altered, so it was error to grant relief on that basis.
Case Name: Wexler v. Anderson
Citation: 452 F.3d 1226
Federal Circuit Court: 11th Circuit Court
Case Summary: Wexler v. Anderson held that Florida's manual recount procedures did not violate equal protection because, as to the possibility that should voters in touchscreen counties cast residual ballots, those ballots would receive a different and possibly inferior type of review in a manual recount was not enough of a burden to make strict scrutiny appropriate; and the procedures were justified by Florida's regulatory interests.
Case Name: Wexler v. Lepore (federal)
Citation: 342 F. Supp. 2d 1097
Federal District Court: Southern District of Florida
Case Summary: Wexler v. Lepore held that Florida's updated standards for manual recounts in counties that used touchscreen or optical scan systems complied with the 5th and 14th Amendments' equal protection requirements because the standards were uniform and non-differential.
Regulations & Guidance
Fla. Jur. 2d Elections s 148, Adoption and approval of system
“Procurement and the Polls: How Sharing Responsibility fo Acquiring Voting Machines Can Improve and Restore Confidence in American Voting Systems” 97 Geo. L.J. 877