Florida Statute 101.5606 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

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F.S. 101.5606

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.

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Amendments to 101.5606

Arrestable Offenses / Crimes under Fla. Stat. 101.5606

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.5606.

Annotations, Discussions, Cases:

Cases Citing Statute 101.5606

Total Results: 6

Byrd, The Florida Senate v. Black Voters Matter Capacity Building Institute, Inc., Equal Ground Education Fund, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2023-12-01

Snippet: precincts. See §§ 98.0981(3); 101.045; 101.5604; 101.5606; 101.5610; 101.5614; 101.657(1)(a), (4)(c); 101

Sarasota Alliance for Fair Elections, Inc. v. Browning

Court: Supreme Court of Florida | Date Filed: 2010-02-11

Citation: 28 So. 3d 880, 35 Fla. L. Weekly Supp. 101, 2010 Fla. LEXIS 218, 2010 WL 455276

Snippet: 2d at 655 (Davis, J., dissenting); see also § 101.5606, Fla. Stat. (2006) (specifying that the Department

Browning v. Sarasota Alliance

Court: District Court of Appeal of Florida | Date Filed: 2007-10-31

Citation: 968 So. 2d 637, 2007 WL 3170111

Snippet: choices available to county commissions, see § 101.5606, the restrictions that the SAFE amendment would

Florida Democratic Party v. Hood

Court: District Court of Appeal of Florida | Date Filed: 2004-10-28

Citation: 884 So. 2d 1148, 2004 WL 2402451

Snippet: ensure that they comply with the Florida law. See § 101.5606, Fla. Stat. (2002). If the touch screen voting

Wexler v. Lepore

Court: District Court of Appeal of Florida | Date Filed: 2004-08-06

Citation: 878 So. 2d 1276, 2004 WL 1753408

Snippet: 5603 Fla. Stat. (2003). Sections 101.5605 and 101.5606, Florida Statutes (2003), set forth the requirements

Ago

Court: Florida Attorney General Reports | Date Filed: 1990-12-28

Snippet: the systems comply with the requirements of s. 101.5606."1 Section 101.5607(1)(a), F.S., provides: Copies