102.166 Protest of election returns; procedure.--
(1) Any candidate for nomination or election, or any elector qualified
to vote in the election related to such candidacy, shall have the
right to protest the returns of the election as being erroneous by
filing with the appropriate canvassing board a sworn, written protest.
(2) Such protest shall be filed with the canvassing board prior to the
time the canvassing board certifies the results for the office being
protested or within 5 days after midnight of the date the election is
held, whichever occurs later.
(3) Before canvassing the returns of the election, the canvassing
board shall:
(a) When paper ballots are used, examine the tabulation of the paper
ballots cast.
(b) When voting machines are used, examine the counters on the
machines of nonprinter machines or the printer-pac on printer
machines. If there is a discrepancy between the returns and the
counters of the machines or the printer-pac, the counters of such
machines or the printer-pac shall be presumed correct.
(c) When electronic or electromechanical equipment is used, the
canvassing board shall examine precinct records and election
returns. If there is a clerical error, such error shall be corrected
by the county canvassing board. If there is a discrepancy which could
affect the outcome of an election, the canvassing board may recount
the ballots on the automatic tabulating equipment.
(4)(a) Any candidate whose name appeared on the ballot, any political
committee that supports or opposes an issue which appeared on the
ballot, or any political party whose candidates' names appeared on the
ballot may file a written request with the county canvassing board for
a manual recount. The written request shall contain a statement of the
reason the manual recount is being requested.
(b) Such request must be filed with the canvassing board prior to the
time the canvassing board certifies the results for the office being
protested or within 72 hours after midnight of the date the election
was held, whichever occurs later.
(c) The county canvassing board may authorize a manual recount. If a
manual recount is authorized, the county canvassing board shall make a
reasonable effort to notify each candidate whose race is being
recounted of the time and place of such recount.
(d) The manual recount must include at least three precincts and at
least 1 percent of the total votes cast for such candidate or
issue. In the event there are less than three precincts involved in
the election, all precincts shall be counted. The person who requested
the recount shall choose three precincts to be recounted, and, if
other precincts are recounted, the county canvassing board shall
select the additional precincts.
(5) If the manual recount indicates an error in the vote tabulation
which could affect the outcome of the election, the county 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
(c) Manually recount all ballots.
(6) Any manual recount shall be open to the public.
(7) Procedures for a manual recount are as follows:
(a) The county canvassing board shall appoint as many counting teams
of at least two electors as is necessary to manually recount the
ballots. A counting team must have, when possible, members of at least
two political parties. A candidate involved in the race shall not be a
member of the counting team.
(b) If a counting team is unable to determine a voter's intent in
casting a ballot, the ballot shall be presented to the county
canvassing board for it to determine the voter's intent.
(8) If the county canvassing board determines the need to verify the
tabulation software, the county canvassing board shall request in
writing that the Department of State verify the software.
(9) When the Department of State verifies such software, the
department shall:
(a) Compare the software used to tabulate the votes with the software
filed with the Department of State pursuant to s. 101.5607; and
(b) Check the election parameters.
(10) The Department of State shall respond to the county canvassing
board within 3 working days. |
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