Voting System Audits

After the certification of all elections, the local canvassing board is required to immediately conduct a manual audit of the voting systems for one randomly selected race in at least 1% but no more than 2% of randomly selected precincts.  The manual audit must occur in public.  The manual audit is not required if a recount of over/undervotes has already occurred in any given race. See F.S. 101.591.
The local canvassing board must report the results of the audit to the Secretary of State.  The report must address:
  1. The overall accuracy of the audit;
  2. A description of any problems or discrepancies encountered;
  3. The likely cause of such problems or discrepancies; and
  4. Recommended corrective action with respect to avoiding or mitigating the problems or discrepancies in the future.
The results of the audit have no legal effect on the outcome or certification of the election, although the results likely could be used as evidence in an election challenge or contest suit. Read how the limited nature of these audits have raised concerns.
Thomas D. Shults, Esq.

About Thomas D. Shults, Esq.

Tom Shults is the senior litigator in the law firm of Kirk-Pinkerton P.A. He represents clients in a range of matters including election law issues,complex business and commercial disputes and probate and trust suits. Mr. Shults is a Board Certified Civil Trial Lawyer. Board certification is the highest level of evaluation by The Florida Bar of competency and experience within a specific area of law. Mr. Shults also holds the highest peer rating possible (AV) from the independent attorney rating agency, Martindale Hubbell. He was recently appointed chair of the Code and Rules of Evidence Committee of the Florida Bar and is a recipient of the Distinguished Community Service Award of the Sarasota County Bar Association. He is an Army veteran and was admitted to the Bar in 1983.
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  1. Pingback: Concerns Over Limited Ballot Audits in Florida | Florida Election Law Issues

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