(1) Notwithstanding anything in this chapter to the contrary, each voting system certified by the Department of State for use in local, state, and federal elections must include the capability to install accessible voter interface devices in the system configuration which will allow the system to meet the following minimum standards:
(a) The voting system must provide a tactile input or audio input device, or both.
(b) The voting system must provide a method by which voters can confirm any tactile or audio input by having the capability of audio output using synthetic or recorded human speech that is reasonably phonetically accurate.
(c) Any operable controls on the input device which are needed for voters who are visually impaired must be discernible tactilely without actuating the keys.
(d) Audio and visual access approaches must be able to work both separately and simultaneously.
(e) If a nonaudio access approach is provided, the system may not require color perception. The system must use black text or graphics, or both, on white background or white text or graphics, or both, on black background, unless the office of the Secretary of State approves other high-contrast color combinations that do not require color perception.
(f) Any voting system that requires any visual perception must offer the election official who programs the system, prior to its being sent to the polling place, the capability to set the font size, as it appears to the voter, from a minimum of 14 points to a maximum of 24 points.
(g) The voting system must provide audio information, including any audio output using synthetic or recorded human speech or any auditory feedback tones that are important for the use of the audio approach, through at least one mode, by handset or headset, in enhanced auditory fashion (increased amplification), and must provide incremental volume control with output amplification up to a level of at least 97 dB SPL.
(h) For transmitted voice signals to the voter, the voting system must provide a gain adjustable up to a minimum of 20 dB with at least one intermediate step of 12 dB of gain.
(i) For the safety of others, if the voting system has the possibility of exceeding 120 dB SPL, then a mechanism must be included to reset the volume automatically to the voting system’s default volume level after every use, for example when the handset is replaced, but not before. Also, universal precautions in the use and sharing of headsets should be followed.
(j) If sound cues and audible information such as “beeps” are used, there must be simultaneous corresponding visual cues and information.
(k) Controls and operable mechanisms must be operable with one hand, including operability with a closed fist, and operable without tight grasping, pinching, or twisting of the wrist.
(l) The force required to operate or activate the controls must be no greater than 5 pounds of force.
(m) Voting booths must have voting controls at a minimum height of 36 inches above the finished floor with a minimum knee clearance of 27 inches high, 30 inches wide, and 19 inches deep, or the accessible voter interface devices must be designed so as to allow their use on top of a table to meet these requirements. Tabletop installations must include adequate privacy.
(n) Any audio ballot must provide the voter with the following functionalities:
1. After the initial instructions that the system requires election officials to provide to each voter, the voter should be able to independently operate the voter interface through the final step of casting a ballot without assistance.
2. The voter must be able to determine the races that he or she is allowed to vote in and to determine which candidates are available in each race.
3. The voter must be able to determine how many candidates may be selected in each race.
4. The voter must be able to have confidence that the physical or vocal inputs given to the system have selected the candidates that he or she intended to select.
5. The voter must be able to review the candidate selections that he or she has made.
6. Prior to the act of casting the ballot, the voter must be able to change any selections previously made and confirm a new selection.
7. The system must communicate to the voter the fact that the voter has failed to vote in a race or has failed to vote the number of allowable candidates in any race and require the voter to confirm his or her intent to undervote before casting the ballot.
8. The system must prevent the voter from overvoting any race.
9. The voter must be able to input a candidate’s name in each race that allows a write-in candidate.
10. The voter must be able to review his or her write-in input to the interface, edit that input, and confirm that the edits meet the voter’s intent.
11. There must be a clear, identifiable action that the voter takes to “cast” the ballot. The system must make clear to the voter how to take this action so that the voter has minimal risk of taking the action accidentally but, when the voter intends to cast the ballot, the action can be easily performed.
12. Once the ballot is cast, the system must confirm to the voter that the action has occurred and that the voter’s process of voting is complete.
13. Once the ballot is cast, the system must preclude the voter from modifying the ballot cast or voting or casting another ballot.
The functionalities required in this paragraph for certification may be satisfied by either the voting device or by the entire voting system.
(2) Such voting system must include at least one accessible voter interface device installed in each polling place which meets the requirements of this section, except for paragraph (1)(d).
History.—s. 12, ch. 2002-281; s. 34, ch. 2005-278; s. 1, ch. 2006-111; s. 27, ch. 2012-116.
Structure Florida Statutes
Title IX - Electors and Elections
Chapter 101 - Voting Methods and Procedure
101.001 - Precincts and Polling Places; Boundaries.
101.002 - Use of System by Municipalities.
101.015 - Standards for Voting Systems.
101.017 - Bureau of Voting Systems Certification.
101.019 - Ranked-Choice Voting Prohibited.
101.031 - Instructions for Electors.
101.043 - Identification Required at Polls.
101.045 - Electors Must Be Registered in Precinct; Provisions for Change of Residence or Name.
101.048 - Provisional Ballots.
101.049 - Provisional Ballots; Special Circumstances.
101.151 - Specifications for Ballots.
101.171 - Copy of Constitutional Amendment to Be Available at Voting Locations.
101.20 - Publication of Ballot Form; Sample Ballots.
101.21 - Official Ballots; Number; Printing; Payment.
101.23 - Election Inspector to Keep List of Those Voting.
101.24 - Ballot Boxes and Ballots.
101.2512 - Candidates’ Names on General Election Ballots.
101.2515 - Translation of Ballot Language.
101.252 - Candidates Entitled to Have Names Printed on Certain Ballots; Exception.
101.254 - When Nominated Names to Appear in Groups or Districts.
101.292 - Definitions; Ss. 101.292-101.295.
101.293 - Competitive Sealed Bids and Proposals Required.
101.294 - Purchase and Sale of Voting Equipment.
101.295 - Penalties for Violation.
101.34 - Custody of Voting System.
101.341 - Prohibited Activities by Voting System Custodians and Deputy Custodians.
101.49 - Procedure of Election Officers Where Signatures Differ.
101.51 - Electors to Occupy Booth Alone.
101.545 - Retention and Destruction of Certain Election Materials.
101.5603 - Definitions Relating to Electronic Voting Systems Act.
101.5604 - Adoption of System; Procurement of Equipment; Commercial Tabulations.
101.56042 - Punch Card Type Systems Prohibited.
101.5605 - Examination and Approval of Equipment.
101.5606 - Requirements for Approval of Systems.
101.56062 - Standards for Accessible Voting Systems.
101.56064 - Application for Federal Funds Under Ch. 2002-281.
101.56065 - Voting System Defects; Disclosure; Investigations; Penalties.
101.5607 - Department of State to Maintain Voting System Information; Prepare Software.
101.5608 - Voting by Electronic or Electromechanical Method; Procedures.
101.5610 - Inspection of Ballot by Election Board.
101.5611 - Instructions to Electors.
101.5612 - Testing of Tabulating Equipment.
101.5613 - Examination of Equipment During Voting.
101.5614 - Canvass of Returns.
101.572 - Public Inspection of Ballots.
101.58 - Supervising and Observing Registration and Election Processes.
101.591 - Voting System Audit.
101.5911 - Rulemaking Authority for Voting System Audit Procedures.
101.595 - Analysis and Reports of Voting Problems.
101.6102 - Mail Ballot Elections; Limitations.
101.6103 - Mail Ballot Election Procedure.
101.6104 - Challenge of Votes.
101.6105 - Vote-by-Mail Voting.
101.6106 - Application of Other Election Laws.
101.6107 - Department of State to Adopt Rules.
101.62 - Request for Vote-by-Mail Ballots.
101.64 - Delivery of Vote-by-Mail Ballots; Envelopes; Form.
101.65 - Instructions to Absent Electors.
101.655 - Supervised Voting by Absent Electors in Certain Facilities.
101.661 - Voting Vote-by-Mail Ballots.
101.662 - Accessibility of Vote-by-Mail Ballots.
101.663 - Electors; Change of Residence to Another State.
101.67 - Safekeeping of Mailed Ballots; Deadline for Receiving Vote-by-Mail Ballots.
101.68 - Canvassing of Vote-by-Mail Ballot.
101.69 - Voting in Person; Return of Vote-by-Mail Ballot.
101.6921 - Delivery of Special Vote-by-Mail Ballot to Certain First-Time Voters.
101.6923 - Special Vote-by-Mail Ballot Instructions for Certain First-Time Voters.
101.6925 - Canvassing Special Vote-by-Mail Ballots.
101.694 - Mailing of Ballots Upon Receipt of Federal Postcard Application.
101.6951 - State Write-in Vote-by-Mail Ballot.
101.6952 - Vote-by-Mail Ballots for Absent Uniformed Services and Overseas Voters.
101.697 - Electronic Transmission of Election Materials.
101.698 - Absentee Voting in Emergency Situations.
101.715 - Accessibility of Polling Places for People Having a Disability.
101.732 - Definitions Relating to Elections Emergency Act.
101.733 - Election Emergency; Purpose; Elections Emergency Contingency Plan.
101.74 - Temporary Change of Polling Place in Case of Emergency.