CopyCited 670 times | Published | Court of Appeals for the Eleventh Circuit
...ial ticket received 2,907,351 votes, for a margin of difference of 1,784, or 0.0299% of the total Florida vote. 4 Under Florida law, county canvassing boards are responsible for determining the number of votes cast for each candidate. See Fla. Stat. § 102.141 . If a candidate for office is defeated by one-half of one percent or less of the votes cast for such office, the canvassing board must order a recount. See id. § 102.141(4)....
...Pursuant to the statute, a candidate or party can only request, not mandate, a manual recount, and the decision is made by a county canvassing board composed of three statutorily designated officials, including a county court judge, none of whom are active participants in the candidacy of any candidate. See Fla. Stat. §102.141 ....
...§
102.166(5), (7)(b); the fact that the decision is made, not by an ad hoc board, but by an existing board composed of statutorily designated officials, including a county judge, who are not active participants in the candidacy of any candidate, see id. §
102.141; the fact that canvassing board meetings and any manual recounts must be open to the public, see id....
...ates). 2 See Fl. Stat. Ann. §
102.166 (West 1989). See generally Roe v. Alabama,
43 F.3d 574 , 581-82 (11th Cir. 1995) (per curiam) (finding that the alteration of objective standards after the election disenfranchised voters). 3 See Fl. Stat. Ann. §
102.141 (providing that the County Canvassing Board shall be comprised of a county court judge, chairman of the board of county commissioners and supervisor of elections; Fl....
...138 Charts A - F, which are attached as appendices to this opinion, contain population and other demographic data, as well as relevant vote data on a county-by-county basis. 9 That vote data represents things as they stood on November 9, 2000, after the automatic machine recount required under Fla. Stat. § 102.141 (4) had been conducted....
CopyCited 54 times | Published | Court of Appeals for the Eleventh Circuit
results are completely reported." Fla. Stat. §
102.141(4)(b). I refer to the relevant Florida statutes
CopyCited 36 times | Published | Supreme Court of Florida | 2000 WL 1804707
...he voter must be discarded. Taken together, these sections suggest that "error in the vote tabulation" includes errors in the failure of the voting machinery to read a ballot and not simply *1284 errors resulting from the voting machinery. Moreover, section 102.141(4), which outlines the Board's responsibility in the event of a recount, states that the Board "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." § 102.141, Fla....
...ued this decision as expeditiously as possible under the foregoing time constraints in order to timely respond to the questions presented by the Supreme Court of the United States in the December 4, 2000, opinion and its remand instructions. [3] See § 102.141(4), Fla....
CopyCited 33 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 15080, 2006 WL 1685802
...nt procedure in certain close
elections. First, if the margin of victory is one-half of a percent or less, election
officials conduct a “machine recount,” which entails re-tabulating ballots in
precincts using optical scan ballots, Fla. Stat. § 102.141(6)(a), and, in touchscreen
voting precincts, examining “the counters on the precinct tabulators to ensure that
the total of the returns on the precinct tabulators equals the overall election return.”
3
Fla. Stat. § 102.141(6)(a)....
...Specifically, the state complaint asserted that Florida should not
have approved and certified the Sequoia AVC Edge Voting System Release 3.1 for
use in Palm Beach County because, as a paperless voting system, it does not allow
for the manual recounts provided for by §§
102.141 and
102.166 of the Florida
statutes.
The state circuit court dismissed the action on the grounds that Wexler
lacked standing to pursue the claims....
CopyCited 15 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 101, 2010 Fla. LEXIS 218, 2010 WL 455276
...Third, the Election Code provides for the county canvassing board to conduct a recount of the votes cast when the election margin is one-half of a percent or less. However, the losing candidate has the option of requesting in writing that the recount not be conducted. § 102.141(6), Fla. Stat. (2006). Section 102.141(6)(a)-(c) also specifies how recounts are to be conducted and the votes tabulated. The statute requires the Department of State to "adopt detailed rules prescribing additional recount procedures for each certified voting system, which shall be uniform to the extent practicable." Id. § 102.141(6)(d)....
CopyCited 13 times | Published | Supreme Court of Florida | 1998 WL 120219
...judge of the circuit wherein such fraud is alleged to have occurred a sworn, written protest. [2] A county canvassing board is composed of the county supervisor of elections, a county court judge, and the chair of the board of county commissioners. § 102.141(1), Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 2000 WL 1725434
...351 votes. Because the overall difference in the total votes cast for each candidate was less than one-half of one percent of the total votes cast for that office (i.e., the difference was 1,784 votes), an automatic recount was conducted pursuant to section 102.141(4), Florida Statutes....
...t of the voter must be discarded. Taken together, these sections suggest that "error in the vote tabulation" includes errors in the failure of the voting machinery to read a ballot and not simply errors resulting from the voting machinery. Moreover, section 102.141(4), which outlines the Board's responsibility in the event of a recount, states that the Board "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." § 102.141, Fla....
...16, 2000, that there was "no legal impediment" to the manual recounts continuing, we deem it unnecessary to determine if we have a separate basis of jurisdiction for entertaining the writ. Accordingly, by separate order we dismiss the petition. [2] Section 102.141(4), Florida Statutes (2000), provides in pertinent part: (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 ......
...[18] §
97.012, Fla. Stat. (2000). [19] §
98.015, Fla. Stat. (2000). [20] §
102.012(1), Fla. Stat. (2000). [21] §
102.012(1), Fla. Stat. (2000). [22] §
102.012(2), Fla. Stat. (2000). [23] §
102.012(4), Fla. Stat. (2000). [24] §
102.071, Fla. Stat. (2000). [25] §
102.141(3), Fla. Stat. (2000). [26] §
102.141(1), Fla. Stat. (2000). [27] §
102.141(2), Fla. Stat. (2000). [28] §
102.141(3), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3170111
...Specifically, sections
102.012 to
102.014 confer upon local supervisors of elections certain powers to appoint election *644 boards, recruit poll workers, and conduct training. Section
102.031 sets forth whose presence is permitted in polling rooms and voting areas. Section
102.141 dictates the duties of local county canvassing boards, as well as who shall serve on those boards....
...Most important to the issues on appeal, sections
102.071,
102.131, and
102.151 set forth detailed procedures for the canvassing and certification of election results from how to tabulate and certify votes to when election results must be submitted to the Department of State. Sections
102.141(6) and
102.166 set forth when recounts are required....
...Therefore, because compliance with the outer limits of the Election Code's timeframe leaves no time to complete the SAFE amendment's audits, the provisions of the SAFE amendment, the Election Code, and attendant regulations seem to conflict. The Appellants also point out that section 102.141(6) [12] of the Election Code sets forth when recounts are required and that the SAFE amendment conflicts by mandating its own recount procedures....
...Under section
101.048(1), Florida Statutes (2007), a person casting a provisional ballot has until 5 p.m. on the second day following election to support his or her eligibility to vote. [12] The May 2007 amendments to the Election Code moved these provisions to section
102.141(7) of the statute....
...[14] Even the trial court expressed concern about the constitutionality of this provision, stating: "Section 6.2C . . . prohibiting certification of elections prior to completion of the mandatory audits . . . does appear to be in conflict with the provisions of Section 102.141, Florida Statutes....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2004 WL 1753408
...The Board of *1279 County Commissioners, after consultation with the Supervisor of Elections, may approve, purchase or procure the use of, an approved voting system. See §
101.5604, Fla. Stat. (2003). Florida's recount procedures are governed by sections
102.141 and
102.166, Florida Statutes (2003), which contain procedures for recounts in two instances. The first instance occurs when the margin of victory is one- half of a percent or less. In this instance, a machine recount occurs. See §
102.141(6), Fla....
...electronic systems and those using paper ballots. In counties with paper ballot systems, the recount consists of putting each ballot through the automatic tabulating equipment and determining whether the returns correctly reflect the votes cast. See § 102.141(6)(a), Fla. Stat. (2003). For counties using electronic systems, the recount consists of examining the counters on the precinct tabulators to ensure the total returns on the tabulators equal the overall election return. See § 102.141(6)(b), Fla....
...This places Secretary Hood in violation of her statutorily-imposed duty to approve a system in compliance with the law. It also places Supervisor Lepore in violation of her statutorily-imposed duty to recommend a system in compliance with the law. We disagree. With regard to a recount, section 102.141(6)(a) and (b), Florida Statutes (2003), makes an express distinction between voting systems which use paper ballots and those that do not. In counties that do not use paper ballots, the counters of the precinct tabulators are presumed correct. See § 102.141(6)(b), Fla....
...abulating equipment and determine whether the returns correctly *1281 reflect the votes cast. If a ballot is physically damaged so that it cannot be properly counted, there is a procedure in place to take corrective measures to repeat the count. See § 102.141(6)(a), Fla....
...The adoption of the rules has rendered the Congressman's request for a declaratory judgment moot. He must now challenge the adopted rules. [5] Injunctive Relief The trial court also held Congressman Wexler failed to state a cause of action for injunctive relief. The court held that under sections
101.5603(2) and (8) and
102.141(6)(b), the statutory scheme did not require a voter-verified paper ballot; therefore, Congressman Wexler did not have a clear legal right to an injunction ordering the creation of such ballots....
CopyCited 7 times | Published | District Court, S.D. Florida | 29 Media L. Rep. (BNA) 1190, 2000 U.S. Dist. LEXIS 16333, 2000 WL 1687185
...Ordinarily, the board is made up of the supervisor of elections, a county court Judge, and the chair of the board of county commissioners. See Fla. Stat. §
102.131(1). The canvassing *1045 boards are responsible for counting the votes given each candidate. See Fla. Stat. §
102.141(2)....
...The Commission also issues certificates of the result of the election for federal and state officers, including presidential electors. See Fla. Stat. §
102.121. County canvassing boards are obligated to file a report with the Division of Elections at the same time the results of an election are certified. See Fla. Stat. §
102.141(6)....
...The circuit courts are authorized to provide any relief that is appropriate. See Fla. Stat. §
102.168(8). District courts of appeal and the Florida Supreme Court are available to review circuit court orders. In this case. the initial phase of election verification began automatically because Florida Statutes, §
102.141(4), compels machine recount for electoral differentials of 0.5% or less....
...As required by the statute, those requests set forth reasons, which included the extraordinary closeness of the statewide margin, as well as concern as to whether the vote totals reliably reflected the true will of the Florida voters. Broward County On November 8, 2000, pursuant to Fla. Stat. § 102.141(4), the Broward Canvassing Board conducted a statutorily mandated machine recount which is now complete....
...On November 8, 2000, Deanie Lowe, Supervisor of Elections for Volusia County, provided to the Canvassing Board the directive of the Florida Secretary of State to conduct a mandatory recount of the presidential election pursuant to Florida Statutes, § 102.141(4)....
CopyCited 4 times | Published | Supreme Court of Florida
...This section requires the secretary of state to certify the names of "qualified candidates for nomination or election" to the supervisor of elections. We note that throughout the election laws candidate for nomination and for election are used interchangeably. See § 102.141, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 2402451
...r to be of great public importance. The Department is responsible for examining and certifying electronic and electromechanical voting systems in Florida. §
101.5605, Fla. Stat. (2004). Florida's election recount procedures are governed by sections
102.141 and
102.166, Florida Statutes (2004), which create a two-stage process for recounts. A machine recount is triggered if the margin of victory is one-half of a percent or less. §
102.141(6)....
...s of touchscreen voting systems currently exist. The absence of a rule with applicable standards and procedures will have an adverse effect on the conduct of elections in the State of Florida. In the event that the results of a machine recount under section
102.141, Florida Statutes, trigger the requirement for a manual recount under section
102.166, Florida Statutes, counties with touchscreen voting systems would have to conduct a manual recount without applicable standards or procedures, unless an emergency rule is immediately adopted....
CopyCited 2 times | Published | District Court, M.D. Florida | 2000 WL 1713943
...r a temporary injunction at 2:00 p.m. today. Counsel for Plaintiffs was told to notify the Defendants of the hearing as soon as possible and to be prepared to certify at the hearing what efforts were made to inform the Defendants of the hearing. [2] Section 102.141(4), Florida Statutes, provides in relevant part, "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 ......
CopyCited 2 times | Published | Supreme Court of Florida | 1988 Fla. LEXIS 1292
...In the November 8, 1988 general election Craig James received 125,467 votes and Chappell received 124,735 in the race for Florida's Fourth Congressional District. Because less than one-half of one percent of the votes cast separated the candidates, the votes had to be recounted pursuant to section 102.141, Florida Statutes (1987)....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
...The margin of difference between the Republican and Democratic tickets was 1784 votes, or 0.0299% of the total votes cast in Florida. 10 Florida law requires an automatic recount in all races where, as here, the final differential between two candidates is 0.5% or less. Fla. Stat. 102.141(4)....
...97.012(1), but the actual conducting of elections takes place in each of the various counties of Florida under the auspices of the county supervisor of elections. 8 County canvassing boards are responsible for counting the votes given to each candidate, Fla. Stat. 102.141, and they may, sua sponte, order mechanical recounts "[i]f there is a discrepancy which could affect the outcome of an election." Fla....
...Each county supervisor employs deputy supervisors. Fla. Stat.
98.015(8). Additionally, each county has a canvassing board, which typically consists of the supervisor of elections, a county court judge, and the chair of the board of county commissioners. Fla. Stat.
102.141(1)....
...ing location, any difficulties or unusual circumstances encountered by an election board or the canvassing board, and any other additional information which the canvassing board feels should be made a part of the official election record. Fla. Stat. 102.141(6)....
...rotest of the election returns. Neither of these provisions, however, affects the baseline system. The automatic recount provision requires a recount of all votes in a race decided after the first count by one-half of one percent or less. Fla. Stat. 102.141(4)....
...didates). 2 See Fl. Stat. Ann.
102.166 (West 1989). See generally Roe v. Alabama,
43 F.3d 574 , 581-82 (11th Cir.1995) (per curiam) (finding that the alteration of objective standards after the election disenfranchised voters). 3 See Fla. Stat. Ann.
102.141 (providing that the County Canvassing Board shall be comprised of a county court judge, chairman of the board of county commissioners and supervisor of elections); Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...esentatives, District 113, null and void, and (2) ordered a new election to take place on October 2nd, between all three candidates, with a possible run-off election to be held on October 9th. The duties of the county canvassing board are set out in Section 102.141, Florida Statutes (1983)....
...Even where there is a discrepancy between the tabulation of ballots and the returns, the statute requires that tabulation of ballots be presumed correct and that the board canvass the votes accordingly. After completion of the canvassing pursuant to Section 102.141 the board is obligated, in the absence of a protest, to certify the results to the Department of State, the clerk of the circuit court, and the supervisor of elections....
CopyCited 1 times | Published | Supreme Court of Florida | 2000 WL 1867628
...Lepore,
234 F.3d 1163, 1168 (11th Cir. 2000). Because the margin of victory was less than "one-half of a percent ... of the votes cast," pursuant to Florida's Election Code, an automatic machine recount was conducted in each county in this State. [17] §
102.141(4), Fla....
...Although the Secretary of State is the chief election officer of the state, see section 97.102(1), Florida Statutes (2000), the actual conduct of elections occurs in Florida counties with the county canvassing boards in each county responsible for counting the votes given each county. See §
102.131(1), §
102.141(2), Fla.Stat....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1990 WL 223866
..., nominee, constitutional amendment, or other measure submitted to the electorate, and to examine the counters on the voting machines or the tabulation of the ballots cast in each precinct to ensure that the returns correctly reflect the votes cast. Section 102.141, Florida Statutes (1987)....
CopyPublished | Florida 5th District Court of Appeal
...Putnam County (“the office”). 1 The initial results indicated that Kinney received 18 more
votes than DeLoach, but because the margin of victory was within one half of a
percentage point, a mandatory recount of the ballots was triggered pursuant to section
102.141(7), Florida Statutes (2016)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21952
...In the September 7, 1982 primary election, Thomas Armstrong won the Democratic nomination for District 96 State Representative. The first count of the computer ballots showed that Armstrong received 18 more votes than did appellant, John Adams. The recount mandated by Section 102.141(4), Florida Statutes revealed two additional votes for Armstrong and five additional votes for appellant....
CopyPublished | District Court, N.D. Florida
SO ORDERED on November 15, 2018.
CopyPublished | Court of Appeals for the Eleventh Circuit
...to the Department of State within 30 minutes after the polls close. Thereafter, the canvassing
board shall report . . . updated precinct election results to the department at least every 45
minutes until all results are completely reported.” Fla. Stat. § 102.141(4)(b).
10
I refer to the relevant Florida statutes as the “Election Code” or “Code.”
11
Plaintiffs also asked the Court to toll the county canvassing boards’ deadline for
submitting “unoffi...
...ballot has been rejected based on a problem
with the signatures.
34
By statute, each county canvassing board consists of the supervisor of elections, a
county court judge, and the chair of the board of county commissioners. Id. § 102.141(1).
66
Case: 18-14758 Date Filed: 02/15/2019 Page: 67 of 83
books “to determine the legality of that vote-by-mail ballot.” 35 Id....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2000 WL 1781942
...date of election. Fl. Admin. Code Ann. r. 1S-2.013(2), (7).
5
Florida law requires an automatic recount in all races where, as here, the final
differential between two candidates is 0.5% or less. Fla. Stat. § 102.141(4)....
...§
97.012(1), but the actual conducting of elections takes place in each of the
various counties of Florida under the auspices of the county supervisor of elections.8
County canvassing boards are responsible for counting the votes given to each
candidate, Fla. Stat. §
102.141, and they may, sua sponte, order mechanical recounts
“[i]f there is a discrepancy which could affect the outcome of an election.” Fla....
...Each county supervisor employs
deputy supervisors. Fla. Stat. §
98.015(8). Additionally, each county has a
canvassing board, which typically consists of the supervisor of elections, a county
court judge, and the chair of the board of county commissioners. Fla. Stat. §
102.141(1).
9
County canvassing boards are required to file a report on the “conduct of
the election” with the Division of Elections at the same time that the results of an
election are certified to the Department of State....
...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
election record.
Fla. Stat.§ 102.141(6).
9
(c) Manually recount all ballots.
Fl....
...rotest of the
election returns. Neither of these provisions, however, affects the baseline system.
The automatic recount provision requires a recount of all votes in a race decided
after the first count by one-half of one percent or less. Fla. Stat. § 102.141(4).
Since this recount is a non-discretionary repeat of the initial count, I deem it to be
nothing more than a re-do of the first machine count....
...an --- and humans vote. Thus, it should not
be surprising that the voting process is subject to error. However, as demonstrated in
the recent Presidential election, the frequency, magnitude and variety of error
3
See Fl. Stat. Ann. § 102.141 (providing that the County Canvassing Board
shall be comprised of a county court judge, chairman of the board of county
commissioners and supervisor of elections; Fl....
CopyPublished | Court of Appeals for the Eleventh Circuit
...the Democratic Party presidential ticket received 2,907,351 votes, for a margin of
difference of 1,784, or 0.0299% of the total Florida vote.
Under Florida law, county canvassing boards are responsible for
determining the number of votes cast for each candidate. See Fla. Stat. § 102.141.
If a candidate for office is defeated by one-half of one percent or less of the votes
cast for such office, the canvassing board must order a recount. See id. §
102.141(4)....
... request, not mandate, a manual recount, and the decision is made by a county
canvassing board composed of three statutorily designated officials, including a
county court judge, none of whom are active participants in the candidacy of any
candidate. See Fla. Stat. §102.141....
...§
102.166(5), (7)(b); the fact that the
decision is made, not by an ad hoc board, but by an existing board composed of
statutorily designated officials, including a county judge, who are not active
participants in the candidacy of any candidate, see id. §
102.141; the fact that
canvassing board meetings and any manual recounts must be open to the public,
see id....
...However, as demonstrated
in the recent Presidential election, the frequency, magnitude and variety of error
associated with the exercise of this sacred right of citizenship is at once astounding
and deeply troubling. Morever, the media’s focus on the campaign preceding
3
See Fl. Stat. Ann. § 102.141 (providing that the County Canvassing Board shall be
comprised of a county court judge, chairman of the board of county commissioners and
supervisor of elections; Fl....
...it would count as a vote for another
candidate.
88
by-county basis.9 That vote data represents things as they stood on November 9,
2000, after the automatic machine recount required under Fla. Stat. § 102.141(4)
had been conducted....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 4499, 35 Fla. L. Weekly Fed. D 781
...February 17th (when last checked by the Supervisor's office) and 7:00 p.m. February 17, 2009." The trial court held the procedures employed by the supervisor complied with the statutes. That decision is amply supported by the law and the record on appeal. Affirmed. GROSS, C.J., and CIKLIN, J., concur. NOTES [1] See § 102.141(7), Fla....
