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Florida Statute 101.294 - Full Text and Legal Analysis
Florida Statute 101.294 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 101.294 Case Law from Google Scholar Google Search for Amendments to 101.294

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 101
VOTING METHODS AND PROCEDURE
View Entire Chapter
101.294 Purchase and sale of voting equipment.—
(1) The Division of Elections of the Department of State shall adopt uniform rules for the purchase, use, and sale of voting equipment in the state. No governing body shall purchase or cause to be purchased any voting equipment unless such equipment has been certified for use in this state by the Department of State.
(2) Any governing body contemplating the purchase or sale of voting equipment shall notify the Division of Elections of such considerations. The division shall attempt to coordinate the sale of excess or outmoded equipment by one county with purchases of necessary equipment by other counties.
(3) The division shall inform the governing bodies of the various counties of the state of the availability of new or used voting equipment and of sources available for obtaining such equipment.
(4) A vendor of voting equipment may not provide an uncertified voting system, voting system component, or voting system upgrade to a local governing body or supervisor of elections in this state.
(5) Before or in conjunction with providing a voting system, voting system component, or voting system upgrade, the vendor shall provide the local governing body or supervisor of elections with a sworn certification that the voting system, voting system component, or voting system upgrade being provided has been certified by the Division of Elections.
History.—s. 2, ch. 72-303; s. 19, ch. 73-156; s. 17, ch. 77-175; s. 6, ch. 84-302; s. 31, ch. 2005-277.

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Amendments to 101.294


Annotations, Discussions, Cases:

Cases Citing Statute 101.294

Total Results: 9  |  Sort by: Relevance  |  Newest First

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Robert Wexler v. Arthur Anderson, 452 F.3d 1226 (11th Cir. 2006).

Cited 33 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 15080, 2006 WL 1685802

...for certifying electronic voting systems for use in the state. See Fla. Stat. §§ 101.5601-101.5614. Each county may then choose its own voting equipment from among those systems certified by the Department of State. Fla. Stat. § 101.5604; see also Fla. Stat. § 101.294....
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Am. Ass'n of People With Disab. v. Harris, 605 F.3d 1124 (11th Cir. 2010).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit

...§ 35.151(b). 12 Under Florida law, counties were, and still are, responsible for choosing the types of voting machines used in their precincts. Any machines a county purchased had to be manufactured by a vendor approved by the Director of the Division of Elections and certified by the Director. Fla. Stat. § 101.294....
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Am. Ass'n of People With Disabilities v. Hood, 310 F. Supp. 2d 1226 (M.D. Fla. 2004).

Cited 4 times | Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 5615, 2004 WL 626687

...See Dkt. 117, § IX, ¶ 8; Fla. Stat. § 15.13. 10. Before a Florida county may legally purchase a voting system, the voting system must be certified by the Division of Elections (DOE) of the Florida Department of State. See Dkt. 168, p. 14; Fla. Stat. § 101.294(1)....
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Wexler v. Lepore, 319 F. Supp. 2d 1354 (S.D. Fla. 2004).

Cited 3 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 9820, 2004 WL 1196548

...authority to approve or disapprove any voting system. See Fla. Stat. §§ 101.5605, 101.015. Additionally, the Department of State is responsible for adopting uniform rules for the purchase, use, and sale of voting equipment in the state. Fla. Stat. § 101.294....
...Upon approval of an electronic voting system by the Department *1357 of State, the board of county commissioners of any county, after consultation with the supervisor of elections, may approve, purchase, or procure the use of said voting system. Fla. Stat. § 101.5604; see also Fla. Stat § 101.294....
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Am. Ass'n of People With Disabilities v. Harris, 647 F.3d 1093 (11th Cir. 2011).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit

...ll are, responsible for choosing the types of voting machines used in their precincts. Any machines a county purchased had to be manufactured by a vendor approved by the Director of the Division of Elections and certified by the Director. Fla. Stat. § 101.294....
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Wexler v. Lepore, 342 F. Supp. 2d 1097 (S.D. Fla. 2004).

Cited 1 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 21344, 2004 WL 2421584

...authority to approve or disapprove any voting system. See Fla. Stat. §§ 101.5605, 101.015. Additionally, the Department of State is responsible for adopting uniform rules for the purchase, use, and sale of voting equipment in the state. Fla. Stat. § 101.294....
...may, upon consultation with the supervisor of elections, adopt, purchase or otherwise procure, and provide for the use of any electronic or electromechanical voting system approved by the Department of State in all or a portion of the election precincts of that county." Fla. Stat. § 101.5604; see also Fla. Stat § 101.294....
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Am. Ass'n of People With Disabilities Ex Rel. O'Connor v. Harris, 605 F.3d 1124 (11th Cir. 2010).

Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 9615

...§ 35.151(b). 12 Under Florida law, counties were, and still are, responsible for choosing the types of voting machines used in their precincts. Any machines a county purchased had to be manufactured by a vendor approved by the Director of the Division of Elections and certified by the Director. Fla. Stat. § 101.294....
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Am. Ass'n of People with Disabilities ex rel. O'Connor v. Harris, 647 F.3d 1093 (11th Cir. 2011).

Published | Court of Appeals for the Eleventh Circuit | 25 Am. Disabilities Cas. (BNA) 467, 2011 U.S. App. LEXIS 15455

Elections and certified by the Director. Fla. Stat. § 101.294. Prior to the issuance of the 2004 order, Die-bold
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Am. Ass'n of People With Disabilities v. Hood, 278 F. Supp. 2d 1345 (M.D. Fla. 2003).

Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 19828, 2003 WL 22025919

...responsible for selecting and purchasing voting systems for use within the county. In Florida, a voting system must be certified by the Division of Elections of the Florida Department of State before a county may purchase the system. See Fla. Stat. § 101.294(1)....
...conduct to satisfy federal requirements of the ADA. As to the State Defendants, the record demonstrates that their involvement in the purchase of voting equipment occurs only in the certification of equipment for use within the state. See Fla. Stat. § 101.294(1)....

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