Florida Statutes
Fla. Stat. § 101.5606 (2025)
Requirements for approval of systems.
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101.5606 Requirements for approval of systems.—No electronic or electromechanical voting system shall be approved by the Department of State unless it is so constructed that:
(1) It permits and requires voting in secrecy.
(2) It permits each elector to vote at any election for all persons and offices for whom and for which the elector is lawfully entitled to vote, and no others; to vote for as many persons for an office as the elector is entitled to vote for; and to vote for or against any question upon which the elector is entitled to vote.
(3) It immediately rejects a ballot where the number of votes for an office or measure exceeds the number which the voter is entitled to cast or where the tabulating equipment reads the ballot as a ballot with no votes cast.
(4) For systems using marksense ballots, it accepts a rejected ballot pursuant to subsection (3) if a voter chooses to cast the ballot, but records no vote for any office that has been overvoted or undervoted.
(5) It is capable of correctly counting votes.
(6) It permits each voter at a primary election to vote only for the candidates seeking nomination by the political party in which such voter is registered, for any candidate for nonpartisan office, and for any question upon which the voter is entitled to vote.
(7) At presidential elections it permits each elector, by one operation, to vote for all presidential electors of a party or for all presidential electors of candidates for President and Vice President with no party affiliation.
(8) It provides a method for write-in voting.
(9) It is capable of accumulating a count of the specific number of ballots tallied for a precinct, accumulating total votes by candidate for each office, and accumulating total votes for and against each question and issue of the ballots tallied for a precinct.
(10) It is capable of tallying votes from ballots of different political parties from the same precinct, in the case of a primary election.
(11) It is capable of automatically producing precinct totals in printed form.
(12) If it is of a type which registers votes electronically, it will permit each voter to change his or her vote for any candidate or upon any question appearing on the official ballot up to the time that the voter takes the final step to register his or her vote and to have the vote computed.
(13) It is capable of providing records from which the operation of the voting system may be audited.
(14) It uses a precinct-count tabulation system.
(15) It does not use an apparatus or device for the piercing of ballots by the voter.
History.—s. 6, ch. 73-156; s. 21, ch. 77-175; s. 10, ch. 84-302; s. 10, ch. 89-348; s. 578, ch. 95-147; s. 17, ch. 99-318; s. 18, ch. 2001-40; s. 10, ch. 2002-17; s. 35, ch. 2005-277; s. 32, ch. 2011-40.
Notes of Decisions
Cited in 7
cases, 2002–2010 · leading case: Sarasota All. for Fair Elections, Inc. v. Browning, 28 So. 3d 880 (Fla. 2010).
Sarasota All. for Fair Elections, Inc. v. Browning, 28 So. 3d 880 (Fla. 2010). “, dissenting); see also § 101.5606, Fla. Stat. (2006) (specifying that the Department of State shall not approve an electronic or electromechanical voting system unless it meets certain enumerated requirements).”
Browning v. Sarasota All., 968 So. 2d 637 (Fla. 2d DCA 2007). “Although the legislature has adopted certain requirements that limit the choices available to county commissions, see § 101.5606, the restrictions that the SAFE amendment would place on the Sarasota County Commission in choosing the type of voting machine to be used in Sarasota…”
Florida Democratic Party v. Hood, 884 So. 2d 1148 (Fla. 1st DCA 2004). “See § 101.5606, Fla. Stat. (2002). If the touch screen voting machines at the center of this controversy are incapable of producing a ballot or ballot image that can be recounted under the manual recount procedure required by section 102.”
Wexler v. Lepore, 319 F. Supp. 2d 1354 (S.D. Fla. 2004). “Section 101.5606 of the EVSA specifically sets forth certain requirements that an electronic or electromechanical system must meet in order to be approved by the Department of State.”
Am. Ass'n of People with Disabilities v. Smith, 227 F. Supp. 2d 1276 (M.D. Fla. 2002). “Section 101.5606 provides: No electronic or electromechanical voting system shall be approved by the Department of State unless it is so constructed that: (1) It permits and requires voting in secrecy.”
Wexler v. Lepore, 342 F. Supp. 2d 1097 (S.D. Fla. 2004). “Section 101.5606 of the EVSA specifically sets forth certain requirements that an electronic or electromechanical system must meet in order to be approved by the Department of State.”
Am. Ass'n of People With Disabil. v. Smith, 227 F. Supp. 2d 1276 (M.D. Fla. 2002). “[12] Section 101.5606 provides: No electronic or electromechanical voting system shall be approved by the Department of State unless it is so constructed that: (1) It permits and requires voting in secrecy.”
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