(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.
(c) The likely cause of such problems or discrepancies.
(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.
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.