FLORIDA'S "SUNSHINE LAW"
ALLOWING FOR THE EXAMINATION OF THE BALLOTS

Florida Law Regarding Automatic Recounts
in Very Close Elections

(4) If the returns for any office reflect that a candidate was defeated or eliminated by one-half of a percent or less of the votes cast for such office, ... the board responsible for certifying the results of the vote on such race or measure shall order a recount of the votes cast with respect to such office or measure. A recount need not be ordered with respect to the returns for any office, however, if the candidate or candidates defeated or eliminated from contention for such office by one-half of a percent or less of the votes cast for such office request in writing that a recount not be made. Each canvassing board responsible for conducting a recount shall examine the counters on the machines or the tabulation of the ballots cast in each precinct in which the office or issue appeared on the ballot and determine whether the returns correctly reflect the votes cast. If there is a discrepancy between the returns and the counters of the machines or the tabulation of the ballots cast, the counters of such machines or the tabulation of the ballots cast shall be presumed correct and such votes shall be canvassed accordingly.


Florida Election Law Regarding Manual Recounts

(4)(a)  Any candidate whose name appeared on the ballot, any political committee that supports or opposes an issue which appeared on the ballot, or any political party whose candidates' names appeared on the ballot may  file a written request with the county canvassing board for a manual recount. The written request shall contain a statement of the reason the  manual recount is being requested.
(b)  Such request must be filed with the canvassing board prior to the time the canvassing board certifies the results for the office being protested or within 72 hours after midnight of the date the election was held, whichever occurs later.
(c)  The county canvassing board may authorize a manual recount. If a manual recount is authorized, the county canvassing board shall make a reasonable effort to notify each candidate whose race is being recounted of the time and place of such recount.
(d)  The manual recount must include at least three precincts and at least 1 percent of the total votes cast for such candidate or issue. In the event there are less than three precincts involved in the election, all precincts shall be counted. The person who requested the recount shall choose three precincts to be recounted, and, if other precincts are recounted, the county canvassing board shall select the additional precincts.
(5)  If the manual recount indicates an error in the vote tabulation which could affect the outcome of the election, the county canvassing board shall:
(a)  Correct the error and recount the remaining precincts with the vote tabulation system;
(b)  Request the Department of State to verify the tabulation software; or
(c)  Manually recount all ballots.
(6)  Any manual recount shall be open to the public.
(7)  Procedures for a manual recount are as follows:
(a)  The county canvassing board shall appoint as many counting teams of at least two electors as is necessary to manually recount the ballots. A counting team must have, when possible, members of at least two political parties. A candidate involved in the race shall not be a member of the counting team.

2. If a counting team is unable to determine a voter's intent in casting a ballot, the ballot shall be presented to the county canvassing board for it to determine the voter's intent.
   

The ActivismHQ

E-Mail The Diva

© 2000-2001 gorewon2000.net and coup2k.com. All rights reserved. Permission is given for individuals and non-profit web sites to copy and distribute articles provided herein in their original and unaltered form, provided attribution to this site is included. For-profit or print media seeking rights to publish or reprint content should send inquiries to thediva@coup2k.com
Fair Use Notice: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. Such material is made available in an effort to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. It is believed this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 USC Section 107, the material is distributed without profit to those who have expressed a prior interest in receiving similar information for research and educational purposes.  See:  http://www.law.cornell.edu/uscode/17/107.shtml