Know Your Florida Recount Procedures: 2018 Election Recount May Begin Monday, November 11 Here in St. Johns County

Election recounts will likely begin Monday, November 11, 2018, in Senate and Governor races. 

As United States Supreme Court Justice Felix Frankfurter wrote that the history of liberty is largely the history of procedural safeguards.  

Here in St. Johns County the recount may begin on Monday, November 11, 2018 (Veterans Day, normally a holiday) before the Canvassing Board:  Judge Charles Tinlin, Supervisor of Elections Vicky Oakes and former St. Augustine City Attorney Ronald Wayne Brown, whose job it is to protect the integrity of the process.

To St. Johns County Canvassing Board members:  thank you for your service.

• Be not afraid.  
• Ignore  pressures from bullies, e.g., conflicted Governor RICHARD LYNN SCOTT and President DONALD JOHN TRUMP.
• Do your jobs without fear or favor.

To St. Johns County and Florida Citizens:

• Know your procedures.   
• Recounts are open to the public.. 
• Fom the SJC SoE, here's the timeline, rules summary and instructions, best practices and Frequently Asked Questions from our Florida Secretary of State, subject of a conference call at 10 AM this morning with the 67 Florida Supervisors of Elections:

General Election 2018

Recount Timeline

General Election

Preliminary election

returns must be filed

with the Department

of State beginning

within 30 minutes

after polls closing

and in 45-minute

increments thereafter

until all results are

completely reported.

November 6

Secretary of State

orders any recount,

once triggered, for

federal, state or

multicounty races as

determined by

statutory thresholds.

November 10

Machine Recount

must occur if the 1st

set of unofficial

returns indicates that

a candidate/issue was

defeated or eliminated

by ó of 1% or less of

the total votes cast.

No Later Than Noon

November 15

No Later Than 3:00 p.m.

November 18

Official Returns

due to Department of

State from County

Canvassing Boards.

No Later Than Noon

November 20

Elections

Canvassing

Commission

meets to certify

official returns at

9:00 a.m.

November 30

Contest of Election

deadline.

Midnight

MARIA MATTHEWS

Director of Elections

1st Unofficial Returns

due to Department of State

from County Canvassing

Boards.

2nd Unofficial Returns

due to Department of State

from County Canvassing

Boards.

Manual Recount

must occur if the 2nd set of

unofficial returns indicates that

a candidate/issue was

eliminated or defeated by . of

1% or less of the votes cast

AND the number of overvotes

and undervotes is more than

needed to change the outcome.

Public Notice must be

provided as soon as possible.

Recounts are open to the

public.

APPLICABLE LAW Recount Procedure Summary DE Reference Guidelines 0010 (Updated 07/2016) These guidelines are for reference only. They are not to be construed as legal advice or representation. For any particular set of facts or circumstances, refer to the applicable state, federal law, and case law, and/or consult a private attorney before drawing any legal conclusions or relying upon this information.   Sections 102.141(7) and 102.166, Florida Statutes (2013), and Rules 1S-2.027, 1S-2.031, and 1S-2.051Fla. Admin. Code, govern recounts.   This summary only represents a general overview. Please consult law and rule for specifics as they govern. ORDERING OF A RECOUNT  Who orders the recount?o The Secretary of State orders any recount for federal, state, or multicounty races involving candidates for office, candidates for judicial retention, and measures appearing on the ballot. o For all other races, the board certifying the results orders the recount.  A recount may not begin until it has been ordered to occur by the proper authority. A candidate or political committee has no authority to request a recount. A recount at a minimum consists of a machine recount; it may also include a manual recount. RACES NOT SUBJECT TO A RECOUNT (based upon the races not having “candidates” for office) Presidential Preference Primary. Political party executive committee (i.e., state, district, and precinct committeemen and committeewomen). PUBLIC NOTICE  Public notice must be provided as soon as possible given the circumstances and the limited time schedule.  Machine and manual recounts are open to the public. MACHINE RECOUNT (S. 102.141(7), F.S.)   A machine recount must be ordered if the 1st set of unofficial returns indicates that a candidate was defeated or eliminated by 1⁄2 of 1% or less of the total votes cast for an office or if an issue was approved or rejected by 1⁄2 of 1% or less of the total votes cast on the issue.   Exception to a machine recount: o If a candidate or candidates who is defeated or eliminated from contention for the office by 1⁄2 of 1% or less requests in writing that a machine recount not be conducted.   The canvassing board must follow the procedures in Rule 1S-2.031.   The machine recount constitutes a retabulation of all ballots.   Before the machine recount occurs, a new election definition must be created for the race(s) to be recounted. Parameters must be set to reject all overvotes and undervotes.   Before the start of the recount, a public test of the tabulating equipment must occur.     STATUTORY DEADLINE TO REPORT 1ST SET OF UNOFFICIAL RETURNS (S. 102.141(5), F.S.)  After a Primary Election: No later than noon on the 3rd day after the Primary Election. After a General Election: No later than noon on the 4th day after the General Election. After a Special Primary or Special Election: No later than noon on 4th day after the election. (Laws governing general elections are applicable to special primary and special elections – s. 100.191, F.S.)

Florida Department of State Page 1 of 3

 Optical scan ballots and hybrid voting system paper outputs: The canvassing board must run each ballot with the affected race(s) through tabulator. All overvotes (optical scan ballots only) and undervotes (optical scan/hybrid voting system paper outputs) are outstacked to be used in the manual recount if one becomes necessary.  Touchscreen ballots: The canvassing board must produce the printed vote totals from each of the touchscreen machines where the recounted race(s) appeared. The canvassing board tests the accuracy of the printed vote totals by comparing them against the totals from election night and shall resolve any discrepancy.  Results: The results of the machine recount are included in the 2nd set of unofficial returns. MANUAL RECOUNT (S. 102.166, F.S.)   A manual recount must be ordered if the 2nd set of unofficial returns indicates that a candidate was eliminated or defeated by 1⁄4 of 1% or less of the votes cast for the office or an issue was approved or rejected by 1⁄4 of 1% or less.   Exceptions to a manual recount: o If the candidate or candidates defeated or eliminated from contention for the office by 1⁄4 of 1% or less request in writing that it not be conducted; oro If the number of overvotes and undervotes is fewer than the number of votes needed to change the outcome of the election.   The manual recount is only a recount of overvotes and undervotes as outstacked from the machine recount.   The canvassing board must use the procedures in Rule 1S-2.031.   A vote for a candidate or issue must be counted if there is a clear indication on the ballot that a voter made a definite choice. See Rule 1S-2.027 and Rule 1S-2.051. • Optical scan ballots and hybrid voting system paper outputs: o The canvassing board assigns counting teams to review the overvotes (optical scan ballots only) and undervotes (optical scan/hybrid voting system paper outputs). Authorized representatives are permitted to be present and object to any decision of the counting team, but they may not otherwise disturb or interfere with the recount. o Each counting team sorts the ballots into 3 stacks for the recounted race: 1) ballots determined to contain a valid vote; 2) ballots determined to contain no clear indication of choice; and 3) ballots set aside for canvassing board determination. • Touchscreen ballots:o Touchscreen machines do not permit overvotes; thus, only undervotes are reviewed.o The canvassing board orders the printing of an official copy of the ballot image report from each touchscreen voting machine that has recorded an undervote for the recounted race.o The ballot image report is reviewed to determine if there is a clear indication on the ballot that a voter made a definite choice.• Results: The results from the manual recount are contained in the certification of the official returns. STATUTORY DEADLINE TO REPORT 2ND SET OF UNOFFICIAL RETURNS (S. 102.141(7)(C), F.S.)  After a Primary Election: No later than 3 p.m. on the 5th day after the Primary Election. After a General Election: No later than 3 p.m. on the 9th day after the General Election. After a Special Primary or Special Election: No later than 3 p. m. on the 9th day after the election. (Laws governing general elections are applicable to special primary and special elections – s. 100.191, F.S.)   STATUTORY DEADLINE TO REPORT OFFICIAL RETURNS (S. 102.112(2), F.S.)  After a Primary Election: No later than 5 p. m. on the 7th day after the Primary Election. After a General Election: No later than Noon on the 12th day after the General Election. After a Special Primary or Special Election: No later than Noon on 12th day after the election. (Laws governing general elections are applicable to special primary and special elections – s. 100.191, F.S.) If the results are not received by the time specified, such returns are ignored and the results on file at the specified time shall be certified by the Department of State.

Florida Department of State Page 2 of 3

NOTE: Although the Presidential Preference Primary (PPP) is not subject to recount procedures, the deadlines for submission of the 1st set of unofficial returns and the official returns for the PPP are the same as for the General Election. EXAMPLES OF RECOUNT CALCULATIONS RACE WITH 2 CANDIDATES (PRIMARY OR GENERAL ELECTION BALLOT)  Candidate A: 9,755 votes – 49.77% Candidate B: 9,845 votes – 50.23% Total: 19,600 votes – 100% Calculation: 50.23% - 49.77% = .45%; therefore, Candidate A was defeated by .45% of votes cast.  If this scenario was based upon the 1st set of unofficial returns, a machine recount is required because .45% ≤ .5%. (Note: ≤ .5% is the threshold for a machine recount.)  If this scenario was based upon the 2nd set of unofficial returns, a manual recount is not required because .45% ≥ .25%. (Note: ≤ .25% is the threshold for a manual recount.) NONPARTISAN SCHOOL BOARD RACE WITH 3 CANDIDATES WHERE ONE CANDIDATE HAS RECEIVED A MAJORITY OF THE VOTES CAST (PRIMARY BALLOT, ONLY)   Candidate A: 3,260 votes – 35.58%   Candidate B: 4,583 votes – 50.02%   Candidate C: 1,319 votes – 14.40%   Total: 9,162 votes – 100%   Per s. 105.051(1)(b), Fla. Stat., if two or more candidates, neither of whom is a write-in candidate, qualify for such office in the primary election, then the name of the candidate who receives the majority of the votes cast shall not appear on the general election ballot unless there is a write-in candidate. If no candidate receives a majority of the votes cast, the names of the two candidates receiving the highest number of votes for the office will be placed on the general election ballot.   Calculation: In the above race, Candidate A was eliminated as a candidate for the general election by .02% even though he finished 14.44 percentage points behind Candidate B. To avoid the recount in this scenario, the person receiving the majority vote must have won by more than 50.5% of the votes cast.  If this scenario was based upon the 1st set of unofficial returns, a machine recount is required because .02% ≤ .5%. (Note: ≤ .5% is the threshold for a machine recount.)  If this scenario was based upon the 2nd set of unofficial returns, a manual recount is required because .02% ≤ .25%. (Note: ≤ .25% is the threshold for a manual recount.) NONPARTISAN SCHOOL BOARD RACE WITH 3 CANDIDATES WITH NO CANDIDATE RECEIVING A MAJORITY OF THE VOTES CAST (PRIMARY ELECTION) OR ANY RACE INVOLVING “VOTE FOR NO MORE THAN 2” CANDIDATES (GENERAL ELECTION)  Candidate A: 4,010 votes – 26.04% Candidate B: 7,315 votes – 47.50% Candidate C: 4,075 votes – 26.46% Total: 15,400 votes – 100% Calculation: In the above race, Candidate A was eliminated as a candidate behind Candidate C by .42% (26.46% - 26.04% = .42%).  If this scenario was based upon the 1st set of unofficial returns, a machine recount is required because .42% ≤ .5%. (Note: ≤ .5% is the threshold for a machine recount.) If this scenario was based upon the 2nd set of unofficial returns, a manual recount is not required because .42% ≥.25%. (Note: ≤ .25% is the threshold for a manual recount.)

Florida Department of State Page 3 of 3

   

Recommended Best Practices Ahead of a Potential Recount

Voters

• Educate voters how to and why is it important to:

• Properly fill out ballots so the tabulation system can read the marks, the ballot can be counted if subject to canvass review, overvotes and undervotes are minimized, and errors are avoided.
• Feed their ballots into the voting system and what to do if the ballot is initially rejected.
• Submit their vote-by-mail ballots early to minimize late or untimely delivery and receipt. 

Supervisors 

• Plan ahead - strategize and plan logistics and resource allocation - staff, time, notice, location, etc.
• Consult with your colleagues with past experiences and best practices for recounts.
• Select appropriate sized location that will allow adequate public attendance and observation.
• Provide advance notices whenever canvassing board will be meeting (i.e., canvassing of vote-by-mail and provisional ballots, post-election certification voting system audit, recount).
• Re-test ballot tabulators for re-tabulation 
• Remind canvassing board of their duties.
• Account for all voted ballots (early, vote-by-mail, election day, provisional), spoiled, blank.
• Refresh on recount procedures.

Pollworkers and Election Staff

• Properly train:

• To minimize ballot issues that may result in spoiled or provisional ballot voting.
• To return all ballots to the office (e.g., search beforehand in closets, bags, car trunks, bins, trash, boxes, under table, etc. for any errant or misplaced ballots).
• To follow secure chain of custody when handling ballots.
• To timely close polling places so that preliminary returns can be submitted and returns posted.
• To properly duplicate spoiled or physically damaged ballots.

Canvassing board

• Ensure that chief justices and chairs of county commission have designated members including alternates and procedure for substitution.
• Refresh on triggers for and who orders machine and manual recount on federal, state, multi-county, county, special district, municipal offices, etc.
• Remind the board about its duties to canvass (through early voting and election night) and report periodically preliminary returns and continuous activity–stagger shifts (members-alternatives).
• Timely complete and report election results as due (e.g., preliminary returns, 1^st unofficial, 2n^d unofficial if applicable, and official results)
• Review procedures and rules –Voter intent (R1S-2.027), and Recount (R1S-2.031) 
• Canvass vote-by-mail ballots as early as possible (earliest start date –15 days before the election) and continuously.
• Maintain consistency, transparency, and impartiality in processing, handling, canvassing, and counting ballots to garner public confidence in the process.

Statewide Recount

• Role of Public, Public Perception and Transparency
• Develop message –who, what, when, where, why, how
• Stick to message –simple and consistent
• Communicate message – stay ahead of story

• Relationships
• Media
• Other elected officials
• Party chairs/party
• Candidates
• Political committee in support or opposition to ballot issue or judicial retention issue
• Community leaders/stakeholders
• Voters

• Preparations

• Staffing/schedule
• Employees
• Temps
• Volunteers
• Legal

• Notices

• Advance/Immediately after Recount ordered
• Opportunity for defeated or eliminated candidate to request ‘no recount’
• Purpose, Date, Time, and Location, When and where 
• Publish/Post

• Tabulation equipment
• Storage
• Security
• Testing

• Ballots
• Storage
• Sorting
• Security
• Chain of custody

• Facilities

• Adequate space and demarcation for process, press, representative(s) for candidate(s) or political committee, and public
• Adequate heating/air

• Security 

• Crowd control
• After Hours

• Basic needs

• Food/Water
• Restrooms
• Comfortable clothing/footwear

-------------------------

Frequently Asked Questions - Recount Procedures  for General Election (rev. 9.2018) What is the Applicable Law for Recounts? Sections 102.141(7) and 102.166, Fla. Stat. (2013), and Rule 1S-2.031, Fla. Admin. Code.

What does a Recount consist of? (s. 102.141(7), F.S.; and s. 102.166, F.S.)

• A recount may consist only of a machine recount or both a machine and manual recount. 
• The Machine Recount means all ballots are retabulated (“re-fed”) through the machine. Ballots with overvotes and undervotes in the affected race(s) are subsequently “set-aside” in case a manual recount is triggered. 
• The Manual Recount is solely a hand recount of overvotes and undervotes in the affected race “set-aside” from the machine recount. 
• Overvote = where the voter designated more choices than allowed in the recounted race(s).
• Undervote = where the voter made no choice or less than number of allowable choices in the recounted race(s).
• The canvassing board designates counting teams to manually review the ballots and determine the voters’ intent in the recounted race(s).  If the counting team is unable to decide or if a representative files an objection to the team’s decision, the canvassing board decides the matter by majority vote. 

What triggers a Recount?

• A Machine Recount is triggered if the 1^st set of unofficial returns indicates that by a margin of < ½ of 1% of the total votes cast for the affected contest, a candidate for office was defeated or eliminated, a judicial candidate for retention was retained or not retained, or a public measure (e.g., constitutional amendment) was approved or rejected. 
• Exception to conducting a machine recount:  A candidate(s) defeated or eliminated by such contention may ask that the recount not be conducted. 
• Results:  The results of the machine recount are included in the 2^nd set of unofficial returns.
• A Manual Recount is triggered if the 2^nd set of unofficial returns indicates that by a margin of < ¼ of 1% of the total votes cast for the affected contest, a candidate for office was defeated or eliminated, a judicial candidate for retention was retained or not retained, or a public measure (e.g., constitutional amendment) was approved or rejected.
• Exceptions to conducting a manual recount:  

• If a candidate(s) defeated or eliminated by such contention asks that no recount be held; OR 
• If the number of overvotes and undervotes is less than the number of votes needed to change the elections’ outcome.

Results:  The results of the manual recount are included in the official returns.

Who orders a Recount?

• Once statutory thresholds are met, an order must be entered before a recount can begin. 
• The Secretary of State orders any recount, once triggered, for federal, state, or multicounty or district contest.
• For all other contests on the ballot, the county canvassing board orders the recount.  
• No one, not even a candidate, political party, or political committee can request a recount. 

Who conducts a Recount?

• The local canvassing board(s) with the assistance of staff from the Supervisor(s) of Elections’ office conducts recounts.

What notice is Required? 

• Public notice of a recount must be provided as soon as possible given the circumstances and limited time schedule.
• Machine and manual recounts are open to the public.
• Before the start of a machine recount, a public test of the tabulating equipment must occur. 
• Notice must be specifically provided to affected candidates involved in the race(s) to be recounted.   

• Candidate/political party representatives.  Each candidate in the affected race may designate one representative per counting team, plus one representative for the canvassing board to observe the recount.  If it is a partisan race, each political party involved in the recount is entitled to one representative.

When are Elections Returns for 2018 General Election Due?

• The 1^st set of Unofficial Returns is due no later than Noon, Saturday, November 10, 2018. (s. 102.141(5), F.S.) 
• The 2^nd set of Unofficial Returns is due no later than 3 PM, Thursday, November 15, 2018. (s. 102.141(7)(c), F.S.)
• The Official returns are due no later than Noon, Sunday, November 18, 2018. (s. 102.112(2), F.S.)
• The Elections Canvassing Commission certifies the Official Returns, 9 AM, Tuesday, November 20, 2018. (s. 102.111, F.S.)