Reply #10: From what I understand, the new law doesn't address that problem. [View All]

[eomer]

Here's the part of the new bill that relates to the machine recount (which reads the same as the corresponding part of section 102.141 of existing law):

23         (7)(6)  If the unofficial returns reflect that a
24  candidate for any office was defeated or eliminated by
25  one-half of a percent or less of the votes cast for such
26  office, that a candidate for retention to a judicial office
27  was retained or not retained by one-half of a percent or less
28  of the votes cast on the question of retention, or that a
29  measure appearing on the ballot was approved or rejected by
30  one-half of a percent or less of the votes cast on such
31  measure, the board responsible for certifying the results of
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 537, 1st Eng.
                        Barcode 952548
 1  the vote on such race or measure shall order a recount of the
 2  votes cast with respect to such office or measure. The
 3  Elections Canvassing Commission is the board responsible for
 4  ordering federal, state, and multicounty recounts. A recount
 5  need not be ordered with respect to the returns for any
 6  office, however, if the candidate or candidates defeated or
 7  eliminated from contention for such office by one-half of a
 8  percent or less of the votes cast for such office request in
 9  writing that a recount not be made.
10         (a)  Each canvassing board responsible for conducting a
11  recount shall put each marksense ballot through automatic
12  tabulating equipment and determine whether the returns
13  correctly reflect the votes cast. If any marksense ballot is
14  physically damaged so that it cannot be properly counted by
15  the automatic tabulating equipment during the recount, a true
16  duplicate shall be made of the damaged ballot pursuant to the
17  procedures in s. 101.5614(5). Immediately before the start of
18  the recount, a test of the tabulating equipment shall be
19  conducted as provided in s. 101.5612. If the test indicates no
20  error, the recount tabulation of the ballots cast shall be
21  presumed correct and such votes shall be canvassed
22  accordingly. If an error is detected, the cause therefor shall
23  be ascertained and corrected and the recount repeated, as
24  necessary. The canvassing board shall immediately report the
25  error, along with the cause of the error and the corrective
26  measures being taken, to the Department of State. No later
27  than 11 days after the election, the canvassing board shall
28  file a separate incident report with the Department of State,
29  detailing the resolution of the matter and identifying any
30  measures that will avoid a future recurrence of the error.

http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=952548.html&DocumentType=Amendments&BillNumber=0537&Session=2007

If (and only if) the results after the machine recount are within 1/4 of a percent then there is a manual recount but of only undervotes and overvotes.

Here's section 102.166 of existing law that talks about the manual recount:

(1) If the second set of unofficial returns pursuant to s. 102.141 indicates that a candidate for any office was defeated or eliminated by one-quarter of a percent or less of the votes cast for such office, that a candidate for retention to a judicial office was retained or not retained by one-quarter of a percent or less of the votes cast on the question of retention, or that a measure appearing on the ballot was approved or rejected by one-quarter of a percent or less of the votes cast on such measure, the board responsible for certifying the results of the vote on such race or measure shall order a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure. A manual recount may not be ordered, however, if the number of overvotes, undervotes, and provisional ballots is fewer than the number of votes needed to change the outcome of the election.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0102/SEC166.HTM&Title=-%3E2006-%3ECh0102-%3ESection%20166#0102.166

The new bill makes only a technical (renumbering) change to section 102.166:

29         Section 34.  Paragraph (b) of subsection (5) of section
30  102.166, Florida Statutes, is amended to read:
31         102.166  Manual recounts.--
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    Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 537, 1st Eng.
                        Barcode 952548
 1         (5)  Procedures for a manual recount are as follows:
 2         (b)  Each duplicate ballot prepared pursuant to s.
 3  101.5614(5) or s. 102.141(7) s. 102.141(6) shall be compared
 4  with the original ballot to ensure the correctness of the
 5  duplicate.

http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=952548.html&DocumentType=Amendments&BillNumber=0537&Session=2007