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Florida > The Florida Election Code > Voting Methods And Procedure

§ 101.56075 Voting methods.

Overview of Statute

This statute states that all voting shall be done on marksense ballots. However, people with disabilities can use voter interface devices that meet the voting system requirements for individuals with disabilities pursuant to HAVA.

Statute

For the purpose of designating ballot selections, all voting must be by marksense ballot, using a marking device or a voter interface device that produces a voter-verifiable paper output and meets the voter accessibility requirements for individuals with disabilities under s. 301 of the federal Help America Vote Act of 2002 and s. 101.56062.

History:

s. 6, ch. 2007-30; s. 5, ch. 2010-167; s. 33, ch. 2011-40; s. 9, ch. 2013-57; s. 13, ch. 2019-162.

Definition [Marking Device]

As used in the Electronic Voting Systems Act, marking device means any approved device for marking a ballot with ink or other substance which will enable the ballot to be tabulated by means of automatic tabulating equipment. Fla. Stat. § 101.5603(5).

Definition [Voter Interface Device]

Any device that communicates voting instructions and ballot information to a voter and allows the voter to select and vote for candidates and issues. Fla. Stat. § 97.021(41).

Definition [Ballot]

As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded. Fla. Stat. § 101.5603(2).

Cases

Florida Cases

Case Name: Sarasota Alliance for Fair Elections, Inc. v. Browning

Citation: 28 So.3d 880

Year: 2010

Case URL: https://www.ravellaw.com/opinions/d7674593077064c593b61614ebd3b14a

Case Summary: Sarasota Alliance for Fair Elections, Inc. v. Browning held that the state’s Election Code does not preempt the field of election law.

Out-of-State Cases

Federal Cases

Regulations & Guidance