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Florida Statute 101.591 | Lawyer Caselaw & Research
F.S. 101.591 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 101
VOTING METHODS AND PROCEDURE
View Entire Chapter
F.S. 101.591
101.591 Voting system audit.
(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.

F.S. 101.591 on Google Scholar

F.S. 101.591 on Casetext

Amendments to 101.591


Arrestable Offenses / Crimes under Fla. Stat. 101.591
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.591.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SARASOTA ALLIANCE FOR FAIR ELECTIONS, INC. v. S. BROWNING,, 28 So. 3d 880 (Fla. 2010)

. . . In addition to Voting System Audits allowed in F.S. 101.591, the Sarasota County Supervisor of Elections . . . had the authority to determine whether to order an independent audit of a county’s voting system. § 101.591 . . . See § 101.591, Fla. Stat. (2008). . . .

S. BROWNING, v. SARASOTA ALLIANCE FOR FAIR ELECTIONS, INC. a L., 968 So. 2d 637 (Fla. Dist. Ct. App. 2007)

. . . In addition to Voting System Audits allowed in F.S. 101.591, the Sarasota County Supervisor of Elections . . . Therefore, the SAFE amendment’s mandatory audit requirement conflicted with the prior section 101.591 . . . any independent audits. § 101.591(1) — (5), Fla. . . . Section 101.591, entitled “Voting system audit,” now requires that the county canvassing board conduct . . . This new version of section 101.591 of the Election Code also grants the Department of State authority . . . Section 101.591(1) provides that “[t]he Legislature, upon specific appropriation and directive, may provide . . .