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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 98
REGISTRATION OFFICE, OFFICERS, AND PROCEDURES
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F.S. 98.0981
98.0981 Reports; voting history; statewide voter registration system information; precinct-level election results; book closing statistics; live turnout data.
(1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM INFORMATION.Each supervisor shall submit the reports required by this subsection to the department no later than 10 business days after the Elections Canvassing Commission certifies the results of an election.
(a) Reconciliation.For each presidential preference primary election, special primary election, special election, primary election, and general election, the supervisor shall reconcile the aggregate total of ballots cast in each precinct to the aggregate number of voters with voter history pursuant to paragraph (b) and the precinct-level election results pursuant to subsection (3) and submit a reconciliation report. The report must be submitted to the department in an electronic format pursuant to file format and specifications set forth by rule. The report must include a written explanation if the reconciliation results in a discrepancy between the voter history and the election results.
(b) Voting history.For each presidential preference primary, special election, special primary election, primary election, or general election, as applicable, supervisors of elections shall transmit completely updated voting history information for each qualified voter to the department. Such information must be provided in a uniform electronic format pursuant to file specifications adopted by the department by rule. The voting history information must include:
1. The unique identifier assigned to each qualified voter within the statewide voter registration system.
2. Each qualified voter’s unique precinct identifier, as designated by the county within the statewide voter registration system, at the time of voting. For purposes of this subparagraph, the term “unique precinct identifier” means an alphanumeric code representing the precinct name or number and containing no more than the maximum characters as specified by rule.
3. Specifics as to each qualified voter’s voting history, including whether the qualified voter voted a regular ballot during the early voting period, voted during the early voting period using a provisional ballot that was subsequently counted, voted a regular ballot at a precinct location, voted at a precinct location using a provisional ballot that was subsequently counted, voted by vote-by-mail ballot, attempted to vote by a timely received vote-by-mail ballot that was not counted, attempted to vote by a vote-by-mail ballot that was received untimely, attempted to vote by provisional ballot that was not counted, or did not vote.
(c) Precinct boundaries.For each presidential preference primary election, special primary election, special election, primary election, and general election, the supervisor shall submit to the department the geographical information system map of precinct boundaries created and maintained pursuant to s. 101.001 for the applicable election.
(2) LEGISLATIVE REPORT.
(a) Specifications.The department shall prepare an election summary compiled for a presidential preference primary election, special primary election, special election, primary election, or general election, as applicable, in an electronic format which contains the following information:
1. The voting history information as transmitted under paragraph (1)(b) and the precinct boundaries as transmitted under paragraph (1)(c).
2. All information provided by each qualified voter on his or her voter registration application pursuant to s. 97.052(2), except that which is confidential or exempt from public records requirements.
3. Each qualified voter’s date of registration.
4. Each qualified voter’s state representative district, state senatorial district, congressional district, county commission district, and school board district at the time of voting, assigned by the supervisor of elections.
(b) Submission.Within 60 days after the Elections Canvassing Commission certifies a presidential preference primary, special election, primary election, or general election, the department shall submit to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader an election summary report in electronic format that includes all information set forth in paragraph (a).
(3) PRECINCT-LEVEL ELECTION RESULTS.
(a)1. Within 10 business days after the Elections Canvassing Commission certifies a presidential preference primary election, special election, special primary election, primary election, or general election, as applicable, the supervisors of elections shall collect and submit to the department precinct-level election results for the election in a uniform electronic format specified by paragraph (c). The results must specifically include for each precinct the total of all ballots cast for each candidate or nominee to fill a national, state, county, or district office or proposed constitutional amendment, with subtotals for each candidate and ballot type. When one or more ballot types, also known as counting groups, in a race or an issue have fewer than 30 voters voting on the ballot, the ballot type must be reported as zero except for the total votes counting group for that precinct. Ballot types or counting groups include election day, early voting, vote-by-mail, provisional voting, and total votes. For purposes of this paragraph, the term “all ballots cast” means ballots cast by voters who cast a ballot, whether at a precinct location; by vote-by-mail ballot, including overseas vote-by-mail ballots; during the early voting period; or by provisional ballot.
2. Upon request from the department, a supervisor must research and address, as appropriate, any questions or issues identified by the department pertaining to the precinct-level election results. If the information as originally submitted is changed or corrected, the supervisor must provide an amended precinct-level election results file no later than 10 business days after the request from the department.
(b) The department shall make such information available online no later than 60 days after the Elections Canvassing Commission certifies the presidential preference primary election, special primary election, special election, primary election, or general election, as applicable. The website containing the information must include the file layout and codes. The information must be searchable and sortable by county, precinct, and candidate; must be downloadable in a tab-delimited format; and must be available for download county-by-county.
(c) The files containing the precinct-level election results must be created in accordance with the applicable file specification as set forth by rule. The rule must, at a minimum, provide that the data records include the following columns: County Name, Election Number, Election Date, Unique Precinct Identifier, Precinct Polling Location, Total Registered Voters, Total Registered Republicans, Total Registered Democrats, Total Registered All Other Parties, Contest Name, Candidate/Retention/Issue Name, Candidate Florida Voter Registration System ID Number, Division of Elections Unique Candidate Identifying Number, Candidate Party, District, Undervote Total, Overvote Total, Write-in Total, and Vote Total. For purposes of this paragraph, the term “unique precinct identifier” means an alphanumeric code representing the precinct name or number and containing no more than the maximum characters as specified by rule.
(4) PRECINCT-LEVEL BOOK CLOSING STATISTICS.No later than 10 days after the date of book closing for an election as defined in s. 97.021 to fill a national, state, county, or district office, or to vote on a proposed constitutional amendment, the department shall compile and make available the following precinct-level statistical data for each county:
(a) Unique precinct identifier. For purposes of this subsection, the term “unique precinct identifier” means an alphanumeric code representing the precinct name or number and containing no more than the maximum characters as specified by rule.
(b) Total number of active registered voters by party for each precinct.
(5) LIVE TURNOUT DATA.On election day, each supervisor of elections shall make live voter turnout data, updated at least once per hour, available on his or her website. Each supervisor shall transmit the live voter turnout data to the division, which must create and maintain a real-time statewide turnout dashboard that is available for viewing by the public on the division’s website as the data becomes available.
(6) REPORTS PUBLICLY AVAILABLE.The department shall also make publicly available the reports and results required in subsections (1)-(4).
(7) RULEMAKING.The department shall adopt rules and prescribe forms to carry out the purposes of this section.
History.s. 25, ch. 2005-278; s. 8, ch. 2008-95; s. 3, ch. 2010-167; s. 11, ch. 2011-40; s. 6, ch. 2016-37; s. 4, ch. 2019-162; s. 10, ch. 2021-11; s. 12, ch. 2023-120.