Florida Statute 101.591 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

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F.S. 101.591

101.591 Voting system audit.—

(1) Immediately following the certification of each election, the county canvassing board or the local board responsible for certifying the election shall conduct a manual audit or an automated, independent audit of the voting systems used in randomly selected precincts.

(2)(a) A manual audit shall consist of a public manual tally of the votes cast in one randomly selected race that appears on the ballot. The tally sheet shall include election-day, vote-by-mail, early voting, provisional, and overseas ballots, in at least 1 percent but no more than 2 percent of the precincts chosen at random by the county canvassing board or the local board responsible for certifying the election. If 1 percent of the precincts is less than one entire precinct, the audit shall be conducted using at least one precinct chosen at random by the county canvassing board or the local board responsible for certifying the election. Such precincts shall be selected at a publicly noticed canvassing board meeting.

(b) An automated audit shall consist of a public automated tally of the votes cast across every race that appears on the ballot. The tally sheet shall include election day, vote-by-mail, early voting, provisional, and overseas ballots in at least 20 percent of the precincts chosen at random by the county canvassing board or the local board responsible for certifying the election. Such precincts shall be selected at a publicly noticed canvassing board meeting.

(c) The division shall adopt rules for approval of an independent audit system which provide that the system, at a minimum, must be:

1. Completely independent of the primary voting system.

2. Fast enough to produce final audit results within the timeframe prescribed in subsection (4).

3. Capable of demonstrating that the ballots of record have been accurately adjudicated by the audit system.

(3) The canvassing board shall post a notice of the audit, including the date, time, and place, in four conspicuous places in the county and on the home page of the county supervisor of elections website.

(4) The audit must be completed and the results made public no later than 11:59 p.m. on the 7th day following certification of the election by the county canvassing board or the local board responsible for certifying the election.

(5) By December 15 of each general election year, the county canvassing board or the board responsible for certifying the election shall provide a report with the results of the audit to the Department of State in a standard format as prescribed by the department. The report must be consolidated into one report with the overvote and undervote report required under s. 101.595(1). The report shall contain, but is not limited to, the following items:

(a) The overall accuracy of audit.

(b) A description of any problems or discrepancies encountered.

(d) Recommended corrective action with respect to avoiding or mitigating such circumstances in future elections.

(6) If a manual recount is undertaken pursuant to s. 102.166, the canvassing board is not required to perform the audit provided for in this section.

History.—s. 14, ch. 89-348; s. 41, ch. 97-13; s. 8, ch. 2007-30; s. 36, ch. 2011-40; s. 10, ch. 2013-57; s. 14, ch. 2016-37; s. 22, ch. 2021-11.

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Amendments to 101.591

Arrestable Offenses / Crimes under Fla. Stat. 101.591

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.591.

Annotations, Discussions, Cases:

Cases Citing Statute 101.591

Total Results: 5

Baker v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-07T00:00:00-08:00

Citation: 128 So. 3d 41, 2012 WL 5416449, 2012 Fla. App. LEXIS 19210

Snippet: Fla. 2d DCA 2007); see also In re Forfeiture of $101,591 in U.S. Currency, 589 So.2d 283 (Fla.1991); Loeb

Sarasota Alliance for Fair Elections, Inc. v. Browning

Court: Fla. | Date Filed: 2010-02-11T00:00:00-08:00

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

Snippet: addition to Voting System Audits allowed in F.S. 101.591, the Sarasota County Supervisor of Elections shall…independent audit of a county’s voting system. § 101.591(1), Fla. Stat. (2006).1 The statute did not establish…be submitted to the Department of State. See § 101.591, Fla. Stat. (2008). Further, the Legislature gave

Browning v. Sarasota Alliance

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-31T00:53:00-07:00

Citation: 968 So. 2d 637

Snippet: section 101.591 to dictate exactly when and how to conduct any independent audits. § 101.591(1)-(5), …addition to Voting System Audits allowed in F.S. 101.591, the Sarasota County Supervisor of Elections shall…during voting (§ 101.5613) and postelection (§§ 101.591, .595). Chapter 102 contains procedures for conducting…requirement conflicts with the version of section 101.591(1) of the Election Code that was in effect in 2006…elections and the board of county commissioners. § 101.591(1), Fla. Stat. (2006). The 2006 Election Code clearly

Howell v. Jackson

Court: Fla. Dist. Ct. App. | Date Filed: 2002-03-20T00:00:00-08:00

Citation: 810 So. 2d 1081, 2002 Fla. App. LEXIS 3536, 2002 WL 429281

Snippet: pending post-trial motions. In re Forfeiture of $101, 591, 589 So.2d 283 (Fla.1991). Appellee, however,

Kee v. Bailey

Court: Fla. Dist. Ct. App. | Date Filed: 1994-01-25T00:00:00-08:00

Citation: 634 So. 2d 654, 1994 Fla. App. LEXIS 292, 1994 WL 19163

Snippet: appeal of that judgment. In re Forfeiture of $101,591 in U.S. Currency, 589 So.2d 283, 285 (Fla.1991)