HomeMy WebLinkAboutElections_Post Election Audit_3/18/2021WendySartoryLin
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it Palm Beach County Supervisor of Elections
www.pbceIections.org
2021 MUNICIPAL ELECTION—Tequesta
Canvassing Board Meeting
Thursday, March 18, 2021
Post -Election Audit
10:00 AM
Call to Order
II. Roll Call
III. Review Legal Advertisement for Notice of Public Meeting
IV. Review Duties of Canvassing Board
V. Commence post -election audit for the 2021 Municipal Election
VI. Other Business
VII. Adjourn
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endySartory�ink
Beach County Supervisor of Elections
lections.oro
For Immediate Release
March 3, 2021
UPDATED CANVASSING SCHEDULE
2021 UNIFORM MUNICIPAL ELECTIONS
Wendy Sartory Link I Supervisor of Elections I Palm Beach County, Florida
Notice is hereby given that the following municipalities are participating in the March 9, 2021 Uniform
Municipal Elections:
Belle Glade
Boca Raton
Briny Breezes
Delray Beach
Haverhill
Hypoluxo
Juno Beach
Lake Worth Beach
Lantana
Loxahatchee Groves
North Palm Beach
Ocean Ridge
Pahokee
Palm Beach
Palm Beach Gardens
Riviera Beach
South Bay
Tequesta
West Palm Beach
Notice is hereby given that the Palm Beach County Supervisor of Elections, at the direction of each
Municipality's Canvassing Board, will open, duplicate, and tabulate ballots for the March 9, 2021 Uniform
Municipal Elections on the following dates and times:
Friday, March S, 2021, 9:00 a.m., until completion
Monday, March 8, 2021, 9:00 a.m., until completion
Tuesday, March 9, 2021, 4:00 p.m., until completion
Wednesday, March 10, 2021, 10:00 a.m., until completion
Thursday, March 11, 2021, 9:00 a.m., until completion
240 South Military Trail, West Palm Beach, FL 33415 I Post Office Box 22309. West Palm Beach. FL 33416
Telephone: 561.656.6200 Fax Number: 561.656.6287
MIN
A public viewing of vote -by -mail ballots will be held prior to processing on the following dates and times:
Friday, March 5, 2021, 8:30 a.m. — 9:00 a.m.
Monday, March 8, 2021, 8:30 a.m. — 9:00 a.m.
Tuesday, March 9, 2021, 3:30 p.m. —4:00 p.m.
Wednesday, March 10, 2021, 9:30 a.m. - 10:00 a.m.
Thursday, March 11, 2021, 8:30 a.m. - 9:00 a.m.
Notice is hereby given that the Municipal Canvassing Board members will meet to canvass ballots on the
following dates and times:
Tuesday, March 9, 2021, beginning at 4:00 p.m.
Wednesday, March 10, 2021, beginning at 10:00 a.m.
Thursday, March 11, 2021, beginning at 9:00 a.m.
A post -election audit will be held on Thursday, March 18, 2021 at 10:00 a.m., unless a manual recount has
been ordered.
All activities will occur at the Supervisor of Elections Voting Equipment Service Center located at 7835 Central
Industrial Drive, Riviera Beach, FL 33404, and are open to the public.
This notice is provided pursuant to F.S. 101.5612 and 101.591.
Contact: Palm Beach County Supervisor of Elections 1 (561) 656-6200 1 info@ pbcelections.org
240 South Military Trail West Patm Beach GL 33415 Post Office Box 22304 West Palm Beach FL 33416
Telephone 561 656 6200 Fax Number 561 656 6287
Voting System Post -Election Audit Report
County: Palm Beach Date of Election: March 9, 2021
Type of Audit (check applicable box): Manual �✓ Automated Independent
Precinct Number(s): All
Race (if Manual Audit):
N/A
Overall accuracy of the audit:
Any discrepancies were fewer than 0.5% of the total votes for each contest.
2. Description of any problems or discrepancies encountered:
N/A
3. Likely cause of such problems or discrepancies:
N/A
4. Recommended corrective action with respect to avoiding or mitigating such
circumstances in future elections:
N/A
Check applicable box and sign below:
® We hereby certify that the report of the voting system audit performed for the election is
accurate and that attached are precinct summary reports for each precinct audited.
❑ We hereby certify that a voting system audit was not done because a manual recount was
conducted under s. 102.166, Florida Statutes.
Signatures of County Canvassing Board members:
Wendy Sartory Linkcl�2 ij 3/18/21
Printed Name igp.ature Date
0(tro(u) IIIAW5 -4 1 P/41
Printed Name Signature Date
Printed Name Signature Date
Rule 15-5.026, F.A.C. DS-DE 107 (eff. 01/2014)
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1S-5.026 Post -Election Certification Voting System Audit.
(1) General application.
(a) This rule provides the procedures for a county canvassing board or the local board responsible for certifying the election to
conduct either a manual audit or an automated independent audit of a voting system to be conducted after certification of an election
including a municipal election. The purpose of the audit is to ensure that the voting system deployed in the election tabulated all
votes properly. An audit is not required in any election in which only paper ballots are used and are not tabulated by a voting system.
(b) An automated independent audit may not be conducted unless the independent audit system has been approved for use. The
requirements for approval and use are contained in subsection (10).
(2) Definitions. For purposes of this rule only, the term:
(a) "Audit team" means:
1. For the purposes of a manual audit, a two -person team that manually sorts and tallies the votes; and,
2. For the purposes of an automated independent audit, one or more persons, all of whom have been trained on the automated
independent audit equipment. Specialized training is not required for the scanning team (personnel scanning ballots) or duplicating
team (personnel assigned to duplicate ballots).
3. The audit, scanning, and duplicating teams may consist of employees of the supervisor of elections, poll workers or other
temporary personnel acting under the direction of the county or other local canvassing board.
(b) "Automated independent audit" means the use of hardware and software technology to independently tally the votes cast
across every race that appears on all ballots in at least twenty percent of the precincts chosen at random by the county canvassing
board or the local board responsible for certifying the election.
(c) "Ballot image" means an electronic record of the content of a ballot cast by a voter on a touchscreen device and recorded by
the voting device.
(d) "Ballot image report" means the printout of ballot images for each machine or precinct generated.
(e) "Ballot type" means an early voting, election day, or vote -by -mail ballot. Provisional ballots cast in the election may be
grouped with early voting, election day, or vote -by -mail ballots, as applicable. Overseas vote -by -mail ballots are to be grouped with
other vote -by -mail ballots.
(f) "Board" means the county canvassing board or other local board responsible for certifying the election. The Board shall be
governed by the provisions of Section 102.141, F.S., including the process for substitution in the event a member is unable to serve.
(g) "Counting segment" means that portion of the voting system and automated independent audit system which accurately
tabulates and accumulates the choices made on ballots.
(h) "Election definition" means the voting system tabulator's code programmed for a unique election.
(i) "Independent" means that the audit system is not part of the county voting system's tabulation devices or a similar type of
tabulation device using the same election definition.
0) "Indeterminate vote" means a marginal mark on a ballot where the Board believes the voting system may not have tabulated
a choice in a race.
(k) "Manual audit" means a public manual tally of the votes cast in one randomly selected race that appears on a ballot in one or
more randomly selected precincts.
(1) "Marginal mark" means a mark other than a prescribed mark (e.g., a solid dark filled oval), which the tabulator or automated
independent audit system may or may not interpret as the voter's choice in a race.
(m) "Marksense ballot" has the meaning ascribed in section 97.02 ] (4), F.S.
(n) "No vote" means that there is no mark and the voter did not make a selection for any candidate or issue in a race.
(o) "Paper ballot image" means an electronic record of the content of a marksense ballot cast by a voter and recorded by the
voting device.
(p) "Race" means any contest for filling a candidate office or voting on an issue. Races for state or county executive committees
of political parties are not included since these races do not constitute races for candidates pursuant to section 97.021(5), F.S.
(q) "Technical data package" means the automated independent audit system's description, software source code, executables,
software configuration management system, description for creating the election definition and its required input and output, and
description of the scanning devices.
(r) "Valid vote" means it could be determined from the mark that the voter has made a definite choice in a race.
(3) Forms.
(a) The following forms are used in this rule and are incorporated by reference:
1. Form DS-DE 105-A, entitled "Manual Audit Team Worksheet for Direct Recording Electronic Ballots" (eff. 01/2014),
hqp://www.flruies.or,WGatew4y/reference.asp?No=Ref-03892.
2. Form DS-DE 105-13, entitled "Manual Audit Team Worksheet for Marksense Ballots" (eff. 01/2014),
http://www.flrutes.or Gateway/reference.asp?No=Ref-03893.
3. Form DS-DE 106, entitled "Precinct Summary for Manual Audit" (eff. 01/2014),
hM2://www.flrules.or.ejGatewLLy/reference.asp?NO=Ref-03894.
4. Form DS-DE 106A, entitled "Discrepancy Report for Automated Independent Audit" (eff. 01/2014),
hgp://www.flruies.or,a-/Gatew4y/reference.asp?No=Ref-03895.
5. Form DS-DE 107 entitled "Voting System Post -Election Audit Report" (eff. 01/2014),
http://www.firuies.or,z/Gatew4y/reference.asp?No=Ref-03896.
(b) Copies of the forms may be obtained from the Division of Elections, Room 316, R. A. Gray Building, 500 South Bronough
Street, Tallahassee, Florida 32399-0250, from the Division of Elections website at: http://election.dos. state. fl. us, or by contacting the
Division of Elections at (850)245-6200.
(4) General Procedures. The following procedures apply to both a manual audit and an automated audit except to the extent that
the context states otherwise:
(a) The Board shall publish at least a 24-hour advance notice of the meeting to conduct the audit including the random selection
of the race(s) and precincts respective to the applicable audit. The notice may be published before the official certification of the
election results but neither the random selection nor the manual audit or the review of the audit result in an automated independent
audit can occur until after the certification. The notice shall include the date, time and place for each meeting. Notice shall be posted
in four conspicuous places in the county and on the home page of the county supervisor of elections' website. A link to the notice on
the county supervisor of election's homepage will satisfy the website notice requirement.
(b) The Board shall conduct, complete and make available the results of the audit of a voting system no later than 11:59 p.m.
(local time where the audit occurs) of the 7th day following the official certification of election results.
(c) Initial selection procedure for manual audit:
1. The Board shall determine the method of selection of the race and precincts to be audited. The selection method must be done
on a random basis using a uniform distribution in which all races have an equal chance of being selected and all precincts in which
the selected race appears have an equal chance of being selected. Examples of such selection may include selection by drawing lots
or by using a ten -sided die, or using a computerized random selection. However, the selection method should be done in a way that
the public is assured that all races as defined in rule that appear on the ballot are included in the random selection of the race, and
that all precincts containing the selected race are included in the random selection of the precinct or precincts.
2. The Board shall first randomly select a race from all available races on the ballots. In the event that multiple municipal or
other local elections are held on the same day in a county and the county canvassing board certifies the elections, one manual audit
will cover all elections held on that day and all races involved in the elections shall be available for selection of the race and
precincts.
3. The Board shall next randomly select at least one percent but no more than two percent of the precincts in which the selected
race appears. If two percent or less of the precincts equals less than a whole number, the number of precincts to be audited shall be
rounded up to the next whole number.
(d) Initial selection procedure for automated independent audit:
1. The Board shall determine the method of selection of the precincts to be audited in an automated independent audit. The
selection method must be done on a random basis using a uniform distribution in which all precincts have an equal chance of being
selected in an automated independent audit. Examples of such selection may include selection by drawing lots, by using a ten -sided
die, or using a computerized random selection. However, the selection method should be done in a way that the public is assured that
all precincts are included in the random selection of precincts in an automated independent audit.
2. In the event that multiple municipal or other local elections are held on the same day in a county and the county canvassing
board certifies the elections, one automated independent audit will cover all elections held on that day and all precincts involved in
the elections shall be available for selection of precincts.
3. The Board shall randomly select a minimum of 20% of the precincts. If twenty percent of the precincts equals less than a
whole number, the number of precincts to be audited shall be rounded up to the next whole number. The audit shall consist of a tally
of the votes cast across every race that appears on the ballot in those selected precincts.
(e) A majority of the Board shall be present at all times until the manual audit is completed or when a review of the automated
independent audit results occurs, whichever is applicable to the audit method being used.
(f) Prior to the beginning of the audit, the Board shall jointly review the rules and statutes governing audit procedures. The
Board shall also review the security procedures for audits established by the Supervisor of Elections pursuant to subsection (9).
(g) The Board shall ensure that, at a minimum, the minutes of the audit proceedings are taken and promptly recorded and
maintained.
(h) The Board shall conduct the audit in a room large enough to accommodate the following, at a minimum: the Board, the audit
teams and, if present, a maximum of two public observers per audit team. If a large public turnout is anticipated, the Board should
take reasonable steps to select the largest available public meeting room to accommodate the turnout. In the event that the room is
not large enough to accommodate all public observers present, the Board shall provide for the random selection of the observers
from among those present just prior to the beginning of the audit. The observers shall be allowed to witness the audit team's
activities but may not interfere with the proceedings. The Board shall announce the procedures that will allow any departing public
observers to be replaced by other observers.
(i) The Board may adopt reasonable rules and policies to ensure the public does not interfere or otherwise disturb the audit,
including taking whatever reasonable action is necessary to have disruptive and unruly persons removed by law enforcement
officials.
0) The Board shall appoint as many audit teams as necessary to assist in the manual audit or as many audit teams to use the
automated audit equipment to meet the deadline in paragraph (4)(b). The Board shall resolve any disagreement on the handling or
processing of a ballot by an audit team in accordance with the rule.
(k) No person except the Board, an employee of the Supervisor of Elections or a member of an audit team shall handle any
ballot or ballot container, or interfere with or obstruct the orderly audit.
(1) Before beginning an audit, the Board shall verify an accurate ballot count exists between the number of ballots cast in the
applicable precincts and races and the number of ballots to be audited. In the event that the ballot count does not match, the Board
shall determine if the difference in the ballot count is 1/2 of 1% or more of the total ballots, as indicated by the voting system or the
audit, whichever is less. If the difference is 1/2 of 1% or more, the Board must investigate to determine if it can resolve the
discrepancy. If the discrepancy cannot be resolved, the Board shall provide an explanation on the "Voting System Post -Election
Audit Report" (DS-DE 107).
(m) For an automated independent audit only:
1. Each day before the supervisor of elections scans ballots, the supervisor shall test each scanner to ensure that it is operating
correctly. The supervisor shall test the scanner by using procedures prescribed by the vendor of the automated independent audit
system.
2. Before scanning ballots in any election, the supervisor of elections shall test the tabulation accuracy of the automated
independent audit software by performing a logic and accuracy test on at least one of the scanners that is used for the scanning of the
ballots.
3. Before beginning an automated independent audit, the Board shall test the automated independent audit system to ascertain
that the system will correctly count the votes cast.
(n) To the extent possible, the certified result from the selected race and precinct(s) to be audited shall not be disclosed in
advance to the audit teams.
(5) Specific procedures -direct recording electronic voting machine ballots. The Board and the audit teams shall follow these
specific audit procedures for votes cast on direct recording electronic machines:
(a) Manual audit.
1. The Board shall order the printing of one official copy of the ballot image report from each machine to be audited. The ballot
image shall constitute the ballot for purposes of the tally in accordance with this subsection.
2. The Board shall differentiate among the voter's various choices in the selected race by assigning a distinct color code to each
possible choice in that race.
3. The audit team shall highlight the voter's choice on the ballot image report in accordance with the assigned color code.
4. The audit team shall then tally the results and write the number of votes for each candidate or issue choice on the Manual
Audit Team Worksheet for DRE Ballots (DS-DE 105 A).
5. The audit team shall otherwise examine the ballot images and follow the procedures used under subsection (6) for tallying
and recording the votes.
(b) Automated independent audit. The Board may use one of the following three processes:
1. The audit team shall duplicate the voter's choices on the ballot image report onto an official marksense ballot. The duplicate
ballot shall be clearly labeled "duplicate", and bear a serial number which shall be recorded on the ballot image report; or
2. The audit team may duplicate the ballot using an automatic duplication process that has been approved specifically for
auditing purposes by the Division of Elections; or
3. The audit team may compare the number of total ballots as indicated by the voting system minus the marksense ballots
counted by the automated independent audit system to determine the number of ballots voted on touchscreen machines. The audit of
the total votes in each race is accomplished by comparing the number of votes in each race as indicated by the audit of the
marksense ballots and adding the number of votes as indicated by the voting system for touchscreen ballots to ascertain the number
of total votes for each race.
(6) Specific procedures -optical scan machine ballots. The Board and the audit teams shall follow these specific audit procedures
for votes cast on optical scan machines:
(a) Manual audit. The manual audit shall include a tally of the selected race for the selected precinct or precincts of ballots cast
on Election Day and during the Early Voting period, vote -by -mail ballots (to include vote -by -mail ballots cast by uniformed and
overseas citizens), and provisional ballots (if tabulated separately).
1. The tally shall be of the marksense ballots that were tabulated by the voting system.
2. Ballots cast at the precinct on Election Day, early voted ballots, vote -by -mail ballots, and provisional ballots (if grouped
separately), for each precinct shall be audited separately.
3. In order to distinguish between errors attributable to improper marking of the ballot versus voting system tabulation error,
each audit team shall examine a ballot and if in agreement, shall place a ballot into one of the following stacks:
a. Ballots on which the voter overvoted in the selected race.
b. Ballots on which the voter undervoted in the selected race.
c. Ballots on which the voter marked the race in a manner that should have been read by the voting system tabulator.
d. Ballots on which the voter marked the race in a manner that might not have been read by the voting system tabulator.
4. The audit team shall sort the ballots that were stacked in sub -subparagraph (6)(a)3.c., according to the voter's choice in the
selected race. For example, all ballots with votes for Candidate A should be placed in one stack and all ballots with votes for
Candidate B should be placed in another stack. The audit team members shall then tally the number of ballots in each of those stacks
and write the number of votes for each candidate or issue choice in the specific race on the Manual Audit Team Worksheet for
Marksense Ballots (DS-DE 105B).
5. For a race with "Vote for no more than (enter # to be elected)," the audit team shall sort out the undervoted ballots with no
selection made and record the count. For the remaining undervoted ballots, the team shall sort the ballots into two stacks with the
first stack having candidate A and the second stack with the remaining candidates, then record votes for Candidate A on the Manual
Audit Team Worksheet for Marksense Ballots (DS-DE 105B). Then, the team shall resort the ballots again with two stacks with the
first stack having candidate B and the second stack with the remaining candidates and then record the count for Candidate B on the
Manual Audit Team Worksheet for Marksense Ballots (DS-DE 105B). This process shall be repeated for each subsequent candidate
until complete.
6. The audit team members shall also tally the number of ballots for each stack as separated in sub -subparagraphs (6)(a)3.a., b.,
and d., and write the number of ballots in each stack on the Manual Audit Team Worksheet for Marksense Ballots (DS-DE 105B).
7. The manual audit shall continue until completed. A recess may be called but procedures, established by the Supervisor of
Elections, for securing the tally results and ballots shall be followed during the recess.
(b) Automated independent audit: The automated independent audit system shall produce and print the tally for all races from
the selected precincts of ballots cast by ballot type.
(7) Results Compilation. The Board shall direct the supervisor to print a report from the voting system for the precincts selected
which provides the group detail of the number of ballots for Election Day, early voting, vote -by -mail, and provisional. The
provisional number may be included in one of the other numbers. This report will be what the Board shall compare to the audit
teams' manual count or to the automated independent audit count, as applicable. The report shall not be provided to the audit team
members. Additional specific procedures apply to the:
c
(a) Manual audit. After the audit team has finalized its tally, the Board shall compile the results and compare the manual tally
under subsections (5) and (6), to the official vote totals for the selected race in the selected precinct(s).
1. If the manual tally and official vote totals match for that precinct, this result is to be listed on the Precinct Summary for
Manual Audit form (DS-DE 106).
2. If the manual tally and official vote totals show a discrepancy in any contest of 1/2 of 1% or more of the votes being audited,
the Board must investigate the discrepancy. This shall be done by the Board determining if the difference can be reconciled by
reviewing the official totals and the stack set out pursuant to sub -subparagraphs (6)(a)3.a., b., and d. If the re -tally and totals still are
1/2 of 1% or more of the votes being audited, the Board shall direct a different audit team, if available, to conduct a manual re -tally.
(b) Automated independent audit. After the automated independent audit system has finalized its tally, the Board or the
automated independent audit system shall compile and compare the results to the official vote totals for all races in the selected
precincts.
1. The results of the automated independent audit shall be produced as a summary report listing the number of ballot and vote
discrepancies computed at the lowest level of aggregation reported in the election.
2. If the automated tally and official vote totals show a discrepancy in every contest of less than 1/2 of 1%, the Board shall list
this result on the "Voting System Post -Election Audit Report" (DS-DE 107).
3. If the automated tally and official totals show a discrepancy in any contest of 1/2 of 1 % or more of the votes being audited:
a. The Board must investigate the discrepancy. This shall be done by reviewing the paper ballot images or extracts therefrom to
ascertain if any voter marked a race in a manner that likely was not read by the voting system tabulator or by the automated
independent audit system.
b. The Board shall prepare a completed "Discrepancy Report for Automated Independent Audit" form (DS-DE 106A) or,
alternatively, the automated independent audit system may print a report providing the same information required by the DS-DE
106A.
c. The Board shall explain the discrepancy on the "Post -Election Certification Audit Report" (DS-DE 107).
(8) Audit Report. The Board shall submit to the Department of State a report of the audit results within 15 days after the audit is
completed. The Board shall submit its report using the "Voting System Post -Election Audit Report" (DS-DE 107).
(a) For a manual audit, each audit report shall be accompanied by a completed Precinct Summary for Manual Audit form (DS-
DE 106) for each precinct audited.
(b) For an automated independent audit, each audit report shall be accompanied by the summary report as specified in
subparagraph (7)(b)1., or a completed Discrepancy Report for Automated Independent Audit form (DS-DE 106A), as applicable, for
each precinct audited.
(c) The audit report shall also include a description of:
1. The overall accuracy of the audit.
2. Problems or discrepancies encountered, if any.
3. The likely cause of any problems or discrepancies encountered, if any.
4. Recommended corrective or remedial actions for any problems or discrepancies encountered, for purposes of avoiding or
mitigating such problems or discrepancies in future elections.
(9) Security procedures. Each county supervisor of elections pursuant to its responsibility under section 101.015, F.S., shall
ensure that its security procedures include procedures relating to ballot accountability, the security of ballots, chain of custody
controls, protocols for authorized access and secure storage of ballots that may be used in an audit.
(10) Requirements for approval and use of an automated independent audit system.
(a) Any person desiring to have an automated independent audit system approved for use in Florida shall submit a letter to the
Bureau of Voting Systems Certification, Division of Elections, Department of State, requesting approval and providing the
automated independent audit system's technical data package.
(b) The automated independent audit system must satisfy the following criteria prior to approval:
1. Be completely independent of the primary voting system.
2. Be fast enough to produce final, public audit results no later than 11:59 p.m. (local time where the audit occurs) on the 7th
day following certification of the election by the county canvassing board or the local board responsible for certifying the election.
3. Be capable of demonstrating the ballots of record have been accurately adjudicated by the audit system.
4.a. For all elections on or after January 1, 2016, be capable of operating without outside manufacturer or vendor support to use
the system. However, if desired, a county may decide to use the audit system's manufacturer or vendor support.
b. Any automated independent audit system used in any election on or after January 1, 2016, must be capable of providing the
county the option to operate the system without manufacturer or vendor support. If a system has been previously approved without
this capability, the system must be resubmitted for review and approval for this capability in order to continue its use in an election
on or after January 1, 2016. The extent of the approval process would depend upon the modification to the previously approved
automated independent audit system. For example, if the modification is merely a separate software module that does not contain a
counting segment, only that module would need to be examined and a regression test on its interaction with the previously approved
system would be performed.
5. Be capable of comparing the audit results to the certified results by precinct and ballot type for marksense ballots.
6. Be approved with its counting segment.
7. Be capable of examining marked ballots to determine a valid vote, no vote, and marginal mark.
8. Be capable of identifying the location of a physical marksense ballot based on the designated paper ballot image
identification.
9. Reflect that the audit results will be the same using all auditing scanners from the same manufacturer.
(c) All examination and testing of the automated independent audit system shall occur at the Bureau of Voting Systems
Certification in Tallahassee, Florida, unless the Department of State approves the examination and testing to occur at the vendor's
desired location. The vendor shall reimburse the Department of State an amount equal to the actual costs incurred by the department
in its testing and examination of the automated independent audit system. Reimbursable actual costs of testing include reasonable
travel costs such as lodging, car rental, parking, gas, airfare, travel -related fees and in the case of meals, not to exceed the per diem
rate established per section 112.061(6), F.S.
(d) For a county to use an approved automated independent audit system, the system must not include any type of tabulation
system that the county uses in its elections or a tabulation device that uses the same election definition.
(e) l . Notice of approval or non -approval will be provided within 30 days after all examination and testing of the automated
independent audit system is completed.
2. After approval of an automated independent audit system, any recommended changes to the approved software code must be
documented and provided to the Bureau of Voting Systems Certification for a desktop review; however, if the counting segment has
changed, the Bureau shall conduct a regression test to determine if approval of the automated independent audit system will
continue. Also, if any recommended changes are made to the approved scanning hardware or other scanning hardware is added, the
Bureau shall conduct a regression test on the automated independent audit system to determine if approval of the system will
continue.
Rulemaking Authority 20.10(3), 97.012(1), 101.591(2), 101.5911 FS Law Implemented 101.591 FS. History —New 11-16-08, Amended 3-2044.
Post -Election Audit Procedure Summary
F LO R I DA DE Reference Guidelines 0011 (Updated 0812014)
These guidelines are for reference only. They are not to be construed as legal advice or representation. For any particular set of facts or
ELECT10 N S circumstances, refer to the applicable state, federal law, and case law, and/or consult a private attorney before drawing any legal
io conclusions or relying upon this information.
APPLICABLE LAW
• Section 101.591, Florida Statutes (2013), and Rule 1S-5.026, Fla. Admin. Code, govern the post -election audit process.
• This summary only represents a general overview. Please consult law and rule for specifics as they govern.
WHEN IS A POST -ELECTION AUDIT CONDUCTED?
Immediately following the certification of any election, to include municipal or special district elections.
The audit must be completed and the results made public no later than 11:59 p.m. on the 7`h day following
certification of the election by "the county canvassing board or the local board responsible for certifying the election"
(hereinafter "Board"].
WHAT TYPES OF AUDITS ARE ALLOWED
• Two types are permissible:
o Manual audit
Consists of a manual tally in one randomly selected race that appears on the ballot in at least 1% but no more
than 2% of the precincts chosen at random by the Board at a publicly noticed Board meeting.
If 2% or less of the precincts equals less than a whole number, the number of precincts shall be rounded up the
next whole number.
Automated, independent audit
■ Consists of a public automated tally of the votes cast across all races in at least 20% of the precincts chosen at
random by the Board at a publicly noticed Board meeting.
■ If 20% of the precincts equals less than a whole number, the number of precincts shall be rounded up the next
whole number.
■ Before an automated, independent audit system is used, the Division of Elections must approve the system.
PRE -AUDIT PREPARATION
Prior to the election, the supervisor of elections, working with the Board should:
o Secure a site for the audit. The room for the audit must be large enough to at least accommodate the Board,
necessary audit teams, and a maximum of 2 observers per audit team.
o For a manual audit, arrange for sufficient audit teams to conduct an audit of a wide race (if the race selected is
less than a wide race, even though all of the teams may not have to participate, it will be easier to have them not
to participate than to arrange others to participate on short notice).
Ensure that all ballots are sorted by precinct (this can be done at any time — the sorting does not need to wait
until the election is certified). The sorted ballots should be kept separate — for example, place all election day
ballots from precinct 1 in a separate stack, all absentee ballots from precinct 1 in a separate stack, and all early
voting ballots from precinct 1 in a separate stack. (Provisional ballots may be grouped separately or in one of the
above 3 categories, as applicable.) Repeat this process for each precinct. Once the precinct is chosen for the
audit, it will be easier to gather all ballots from that precinct. The audit results will be broken down according to
Election Day, absentee, and early voting ballots. Overseas absentee ballots are to be grouped with other
absentee ballots.
• Public notice
o Ensure public notice (time, date, and place) is provided at least 24 hours in advance of the meeting to conduct
the audit, to include the random selection of the race(s) and precincts.
o The notice may be published before the certification of the official election results, but neither the random
selection nor the audit can occur until after the certification.
Florida Department of State Page 1 of 4
o Notice shall be posted in four conspicuous places in the county and on the home page of the Supervisor of
Elections' website. (A hyperlink to the notice on the website will satisfy the home page requirement.)
• Board Preliminary Duties
o Note: A majority of the Board must be present at all times during the audit process.
o Reviews rules and statutes governing audit procedures.
o Reviews Supervisor of Elections' Security Procedures for audits.
o Ensures minutes of the audit are taken, recorded, and maintained.
o Appoints as many audit teams as necessary.
o May adopt rules and policies to ensure public does not interfere with audit. If room is not large enough to
accommodate all public observers present, the Board must provide for the random selection of observers.
o Verifies an accurate ballot count exists between the number of ballots case in the applicable precincts and races
and the number of ballots to be audited.
■ If the difference is % of 1% o,r more, the Board must investigate to determine if the discrepancy can be
resolved.
■ If discrepancy cannot be resolved, the Board must provide an explanation on the Voting System Post -Election
Audit Report, Form
o Determine the method of random selection of the race and precincts to be audited in a manner that the public is
assured that all races and precincts are included in the selection method. Examples of a selection method:
drawing lots, ten -sided dice, and computerized random selection.
■ If multiple municipal or other elections are held on the same day in the county and the Board certifies the
elections, only one audit is required but all elections are to be included in the random selection of race(s) and
precincts.
o Selection of the race occurs before selection of the precinct(s) in a manual audit. (In an automated, independent
audit, all races are included.)
o To the extent possible, the certified results from the selected race(s) and precincts(s) to be audited must not be
disclosed in advance to the audit teams.
• Handling of ballots: No person, except a member of the Board, an employee of the Supervisor of Elections, or an
audit team member may handle any ballot or ballot container.
MANUAL AUDIT PROCEDURES
• Board makes random selection of race(s) and precinct(s).
• Once begun, a manual audit continues until it is completed. A recess may occur, but security procedures established
by the Supervisor of Elections, must account for the security of the ballots and tally results during the recess.
• Optical scan ballots:
o Election Day, early voted, and absentee ballots shall be audited separately (provisional ballots shall be audited
separately if tabulated separately).
o Audit team examines ballots and if in agreement places them into one of the following 4 stacks: 1) overvoted, 2)
undervoted, 3) should have been tabulated, and 4) might not have been tabulated.
o Audit team sorts the ballots in the "should have been tabulated stack" according to the voter's choice in the
audited race (e.g., all votes for Candidate A are placed in one stack, all votes for Candidate B in another stack).
o Audit team tallies the votes from each stack and records the tally on Manual Audit Team Worksheet for
Marksense Ballots, DS-DE 105B.
o For races with "Vote for no more than _", the audit team:
■ Sorts undervoted ballots with no selection made and records the count.
■ Sorts the remaining undervoted ballots into two stacks: A stack containing Candidate A and a stack containing
the remaining candidates. The audit team records the votes for Candidate A on Manual Audit Team Worksheet
for Marksense Ballots, DS-DE 105B.
• Re -sorts the ballots again into two stacks: A stack containing Candidate B and a stack containing the remaining
candidates. The audit team records the votes for Candidate B on the Manual Audit Team Worksheet for
Marksense Ballots, DS-DE 105B.
Florida Department of State Page 2 of 4
■ Repeats the above two steps for each subsequent candidate until all candidates' votes are recorded on the DS-
DE 105B.
■ Tallies the votes for each stack and records the tally on Manual Audit Team Worksheet for Marksense Ballots,
DS-DE 10513.
• Touchscreen ballots:
o A ballot image report is printed from each machine to be audited.
o A distinct color code is assigned to each possible choice in the race.
o Audit team highlights the voters' choice with the assigned color code.
o Audit team tallies the results and records on Manual Audit Team Worksheet for Direct Recording Electronic
Ballots, DS-DE 105A.
• Results Compilation:
o The Supervisor of Elections prints a report from the voting system for the precincts selected which provides the
group detail of the number of ballots for Election Day, early voting, absentee and provisional (unless the
provisional ballots are included in one of the other ballot numbers). This report is not to be shown to the audit
team members.
o The Board compares the numbers listed on the report from voting system with those from the manual audit
■ If the manual tally and official totals match, the result is listed on the Precinct Summary for Manual Audit, DS-
DE 106.
■ If there is a discrepancy of more than % of 1%, the Board shall determine if it can be reconciled by further
review of the official results with the audit teams stacks.
■ If discrepancy is still more than %: of 1%, a different audit team conducts a manual re -tally. If the totals do not
match, the Board will record such on the Precinct Summary for Manual Audit, DS-DE 106.
o Within 15 days after completion of the audit, the Board must provide a report of the audit results to the
Department of State.
AUTOMATED INDEPENDENT AUDIT (AIA) PROCEDURES
• Scanner test: Each day before the supervisor of elections scans ballots in preparation for the AIA, the supervisor must
test each scanner as prescribed by the AIA vendor to ensure the scanner is operating properly.
• AIA software test: Before scanning ballots in any election, the supervisor of elections must test the tabulation
accuracy of the AIA software by performing a logic and accuracy test on at least one of the scanners that is used for
scanning ballots.
• AIA system test: Before beginning an AIA, the Board shall test the AIA system to ascertain that the system will
correctly count the votes cast.
• Board makes random selection of race(s) and precinct(s).
• Touchscreen ballots: The Board may use one of 3 processes:
o Duplicate votes from the ballot image report onto a marksense ballot;
o Duplicate the ballot using a Division of Elections' approved automatic duplication process for auditing purposes;
or
o Compare the number of total ballots listed on voting system minus the marksense ballots counted by the AIA
AIA system to determine the number of ballots voted on touchscreen machines.
• Optical scan ballots: The AIA system shall produce and print the tally for all races from the selected precincts of
ballots cast by ballot type.
• Results Compilation:
o After the AIA system has finalized its tally, the Board or AIA system shall compile and compare the results to the
official vote totals for all races in the selected precincts
■ The results of the AIA shall be produced as a summary report listing the number of ballot and vote
discrepancies computed at the lowest level of aggregation reported in the election.
■ If there is a discrepancy of less than %2 of 1%, the Board shall record the result on the Voting System Post -
Election Audit Report, DS-DE 107.
■ If the discrepancy is'h of 1% or more, the Board:
Florida Department of State Page 3 of 4
• Must investigate by reviewing the ballot images or extracts therefrom to ascertain if the vote was marked
in a race that likely was not read by the voting system tabulator or AIA system.
• Must prepare a Discrepancy Report for Automated Independent Audit, DS-DE 106A, or the AIA system
may print a report with the same required information.
• Must explain the discrepancy on the Voting System Post -Election Audit Report, DS-DE 107.
0 Within 15 days after completion of the audit, the Board must provide a report of the audit results to the
Department of State.
AUDIT REPORT
• Due to Division of Elections 15 days after completion of the audit.
• Content: The audit report (Voting System Post -Election Audit Report, DS-DE 107) shall include a description of:
o Overall accuracy of the audit;
o Problems/discrepancies encountered, if any;
o The likely cause of any problems/discrepancies encountered, if any; and
o Recommended corrective or remedial actions for any problems/discrepancies encountered for future elections.
• For manual audit, the report must include must be accompanied by the Precinct Summary for Manual Audit, -)5-DE
10t for each precinct audited.
• For an automated independent audit, the report must be accompanied by the summary report as specified in Rule 13
3 u2t or a Discrepancy Report for Automated Independent Audit, DS-DE 106A.
Florida Department of State
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