Florida Statute 101.5606 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 101.5606

Total Results: 8

Sarasota Alliance for Fair Elections, Inc. v. Browning

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

Supreme Court of Florida | Filed: Feb 11, 2010 | Docket: 1652597

Cited 15 times | Published

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

Browning v. Sarasota Alliance

968 So. 2d 637, 2007 WL 3170111

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 2531657

Cited 8 times | Published

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

Florida Democratic Party v. Hood

884 So. 2d 1148, 2004 WL 2402451

District Court of Appeal of Florida | Filed: Oct 28, 2004 | Docket: 1683027

Cited 3 times | Published

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

Wexler v. Lepore

319 F. Supp. 2d 1354, 2004 U.S. Dist. LEXIS 9820, 2004 WL 1196548

District Court, S.D. Florida | Filed: May 24, 2004 | Docket: 2184857

Cited 3 times | Published

the state. Fla. Stat. §§ 101.5601-101.5614. Section 101.5606 of the EVSA specifically sets forth certain

AMERICAN ASS'N OF PEOPLE WITH DISABIL. v. Smith

227 F. Supp. 2d 1276

District Court, M.D. Florida | Filed: Oct 16, 2002 | Docket: 2393804

Cited 3 times | Published

enacted by the 2002 Florida Legislature. [12] Section 101.5606 provides: No electronic or electromechanical

Wexler v. Lepore

342 F. Supp. 2d 1097, 2004 U.S. Dist. LEXIS 21344, 2004 WL 2421584

District Court, S.D. Florida | Filed: Oct 25, 2004 | Docket: 2225005

Cited 1 times | Published

the state. Fla. Stat. §§ 101.5601-101.5614. Section 101.5606 of the EVSA specifically sets forth certain

American Ass'n of People with Disabilities v. Smith

227 F. Supp. 2d 1276, 2002 U.S. Dist. LEXIS 21373, 2002 WL 31375631

District Court, M.D. Florida | Filed: Oct 16, 2002 | Docket: 65970968

Cited 1 times | Published

enacted by the 2002 Florida Legislature. . Section 101.5606 provides: No electronic or electromechanical

Ago

Florida Attorney General Reports | Filed: Dec 28, 1990 | Docket: 3257893

Published

General RAB/tls 1 Section 101.5605(1), F.S. Section 101.5606, F.S., sets forth the requirements for approval