2020 FSASE CANVASSING BOARD MANUAL TABLE OF CONTENTS SECTION 1 TIMETABLE FOR CANVASSING BOARD ACTIVITIES 2-6 SECTION 2 SUMMARY OUTLINE OF DUTIES FOR CANVASSING BOARDS I Composition of the County Canvassing Board 7 II Testing of Voting Systems 8 III Canvassing the Vote-by-Mail Vote 11 IV Canvassing Special Vote-by-Mail Ballots for Certain First Time Voters 14 V Canvassing the Ballots for Early Voting 15 VI Canvassing Write-In Votes 15 VII Canvassing State Write-In Ballots 15 VIII Canvassing the Returns from the Polls 16 IX Canvassing the Provisional Ballots 16 X Canvassing the Provisional Ballots Cast in Special Circumstances 18 XI Submitting Preliminary Returns 18 XII Submitting the Unofficial Count 18 XIII Machine Recount Procedures 19 XIV Manual Recounts Procedures 20 XV Canvassing the Ballots from UOCAVA Voters 21 XVI Certifying the Returns 24 XVII Audit of Voting System 25 XVIII Contest of Election 25 SECTION 3 SECURITY PROCEDURES FOR VOTE-BY-MAIL BALLOTS 27 SECTION 4 Canvassing Guidelines for Provisional, Vote-by-Mail, FWAB, SWAB, MRG Voters 29 Orange County Canvassing Board Vote-by-Mail Ballots Criteria 37 SECTION 5 s. 119.07, FS Inspection and copying of records 40 s. 286.011, FS Public meetings and records; public inspection 43 s. 286.0114, FS Public meetings; reasonable opportunity to be heard; attorney fees 44 INDEX FOR SECTIONS 6-12 46 SECTION 6: Attorney General Opinions 50 SECTION 7: Division of Election Opinions 62 SECTION 8: Federal Law – UOCAVA 172 SECTION 9: Summary of Applicable Court Cases 281 SECTION 10: Division of Election Rules 521 SECTION 11: Mail Ballot Election 558 SECTION 12: Election Code Relevant to Canvassing 563 2020 FSE CANVASSING BOARD MANUAL 1 SECTION 1 TIMETABLE AND REQUIREMENTS FOR CANVASSING BOARD ACTIVITIES INCLUDING SUGGESTED PROCEDURES I. Several Months Prior to the Election – Section 102.141, 286.011 and 286.0114, FS. Appoint canvassing board members. No member can serve if he or she is a candidate with opposition in the election being canvassed, or is actively participating in the campaign or the candidacy of any candidate who has opposition in the election being canvassed. Actively participating means undertaking an intentional effort to demonstrate or generate public support for a candidate beyond merely making a campaign contribution. Refer to DE 08-10; 09-07. Suggestion – At least several months prior to the pre-election test of the voting equipment the newly formed canvassing board, including alternate members, should have a publicly noticed orientation meeting to discuss such issues as the calendar for the election(s) and the criteria to be used for accepting and rejecting as illegal vote-by-mail ballots. A second orientation meeting may be necessary. It is helpful to develop a chart or formally adopt a set of criteria to be used for canvassing ballots at this orientation meeting when there is less pressure on the board to make these decisions. The board can then use the pre- determined criteria to canvass ballots at election time. Pre-determining the criteria for accepting and rejecting as illegal vote-by-mail ballots makes it easier for election staff to organize the ballots for canvassing board review (subject to your canvassing board attorney’s opinion of 286.0114, FS, and whether it applies to your board - consider setting rules or policies which govern the opportunity for the public to be heard). Note: If the Canvassing Board Suspends or recesses a meeting for longer than 60 minutes, additional notification is required (102.141(2)(c)) II. Twenty-Two Days Prior to the Election – Canvass of Vote-by-Mail Ballots – Section 101.68,98.077(4)(a),(b) FS A. Publicly notice canvassing meetings - Section 102.141(2), FS. B. Conduct Logic and Accuracy test on the tabulation equipment BEFORE processing vote by mail ballots - Section 101.5612(3), FS. C. May begin canvassing and processing vote-by-mail ballots beginning at 7 a.m. on the 22nd day before the election. D. A person casting a vote-by- mail ballot with a defective or missing signature shall have the right to present a signature cure affidavit to the Supervisor by 5 p.m. on the 2nd day following the election. Signatures declared not matched must be determined by majority vote and beyond a reasonable boubt. Suggestion – When preparing your public notice for this meeting, include a time prior to the beginning of your canvass when people may inspect the vote-by-mail ballot envelopes since any challenge to a voter’s ballot must be made before it is opened. Also, include meeting for any possible recounts. 101.68(2)(c)4, FS, Rule 1S-2.031. 2020 FSE CANVASSING BOARD MANUAL 2 III. At least 15 days prior to the Commencement of Early Voting – Section 101.5612(2), FS. Written notice of date, time and location of the public pre-election test of the automatic tabulating equipment must be sent by certified mail to: A. County party chair of each political party, B. Candidates for other than statewide office whose names appear on the ballot in the county and, C. Local candidates who did not receive written notice from the SOE during qualifying. IV. Ten Days or Less Prior to the Commencement of Early Voting – Section 101.5612(2), FS. Conduct publicly noticed pre-election test of voting equipment (A second test may be conducted if the polling place ballots are not ready at the time of the first test). Suggestion – If there is a member of the public present or a candidate, allow that person to participate in the public test by choosing a machine to be tested, etc. V. One Day Prior to the Election – Section 102.141(4)(a), FS. Upload into the County’s election management system by 7 p.m. on the day before the election the results of all early voting and all vote-by-mail ballots that have been canvassed and tabulated by the end of the early voting period. VI. Election Day and the Days After – Section 102.141(4)(b), FS. A. Report all early voting and all tabulated vote-by-mail results to the Department of State within 30 minutes after the polls close. B. Report, with the exception of provisional ballot results, updated precinct election results to the department at least every 45 minutes until all results are completely reported. C. The supervisor of elections notifies the department immediately of any circumstances that do not permit periodic updates as required. D. File 1st unofficial results with the Department of State - no later than noon on the 3rd day after any primary election and no later than noon on the 4th day after any general election or other election. Such returns shall include the canvass of all ballots required by Section 102.141(2) FS, including provisional ballots. E. Submit results in a format prescribed by the department. VII. Canvass Provisional Ballots – Section 101.048; 102.141;98.077(4)(a),(b) FS and DE 14-04 A. Publicly notice the date, time and location provisional ballots will be canvassed. B. Until canvassed, all provisional ballots shall remain sealed in their envelopes for return to the supervisor of elections office. C. A person casting a provisional ballot shall have the right to present written evidence supporting his or her eligibility to vote to the supervisor by 5 p.m. on the second day following the election. D. The County canvassing board shall examine each Provisional Voters Ballot Certificate and affirmation, written evidence provided by the person, information provided and any cure affidavit and supporting documentation, and any other evidence to determine if the person voting is entitled to have their ballot count. 2020 FSE CANVASSING BOARD MANUAL 3 E. If is determined the voter is registered and otherwise eligible to vote, the canvassing board must compare the signature on the Provisional Ballot Voters Certificated in accordance with 101.048(2), and 98.077, FS. F. If the canvassing board determines by a preponderance of evidence that the person is not registered or eligible to vote or the signature is not much as determined by majority vote and beyond reasonable doubt, the provisional ballot shall remain unopened and marked “Rejected as Illegal.” G. Provisional ballots to be counted shall be opened and processed through the tabulating equipment so totals may be added to the unofficial election results to be filed with the state. Suggestion – Since all proceedings of the canvassing board must be publicly noticed and open to the public, prepare the legal notice to cover any possibility in the event the board needs additional time to canvass and there is not time to advertise any change in the schedule. VIII. Recount (if indicated) – Sections 102.141(7) and 102.166, FS; Rule 1S-2.031, FAC (Recount Procedures) and 1S-2.027, FAC (Standards for Determining Voter’s Choice on a Ballot). A. If a machine recount is triggered pursuant to Section 102.141(7), FS: 1. Order a recount before conducting a machine recount (in the case of a federal, state, or multicounty race, the Secretary of State issues the order). 2. Do not recount if the candidate(s) defeated or eliminated from contention by one-half of one percent or fewer of the votes cast for the office requests in writing that a recount not be done. 3. Refer to Recount Procedures 1S-2.031, which details procedures for the recount including changing the election parameters so only the recounted race is being counted. 4. Public notice at least 48 hours prior to the meeting of the canvassing board. The meeting is open to the public.