State Summary
Florida statute requires an automatic recount for a contest if the margin of victory is less than or equal to 0.5%. The recount must be completed by 3 p.m. on the ninth day after the election; recounts not completed by this deadline require a second certification of election results after the recount is completed. Recounts are conducted by retabulating all ballots by machine, however, if retabulation results in a margin of victory less than or equal to 0.25%, a full hand recount is conducted.
Counting Method
Mix of hand count and retabulation
Paper ballots are retabulated in the event of an automatic recount triggered by the close vote margin. Section 102.141(7) & (7)(a). If the initial retabulation shows that the close vote margin is less than or equal to 0.25%, a manual recount is conducted. However, the manual recount applies only to those ballots sorted by the automatic tabulating equipment as having either undervotes or overvotes for the office or measure in question; and the manual count cannot be held if "The number of overvotes and undervotes is fewer than the number of votes needed to change the outcome of the election." A manual recount consists of a recount of paper ballots or ballot images. Section 102.166(1)(b).
Initiating Mechanisms
Close vote margin
A close vote margin of less than or equal to 0.5% initiates a machine recount.
Close Vote Margin Options
Less than or equal to 0.5%
Initiated automatically
The close vote margin for Florida elections is less than or equal to 0.5% of the total votes cast for a given office or measure. These recounts are initiated automatically by election officials. The law specifies that candidates, including candidates for retention to a judicial office, and ballot measures are all subject to recounts. Both primary and general elections are eligible for recounts. The candidate or candidates who are defeated by the close-vote margin may waive the recount if a request is made in writing to the canvassing board. Section 102.141(7).
The close-vote margin first initiates a retabulation of the paper ballots, if the retabulation results in a vote margin that is less than or equal to 0.25%, a hand recount is conducted. However, the hand recount is only for those ballots containing undervotes or overvotes, and is required only if the candidate or candidates decline to waive the manual count and the collective total of undervotes and overvotes is enough to alter the result of the election. Section 102.166(1).
The presidential preference primary and political party executive committee positions are not subject to the close-vote-margin recount. Recount Procedure Summary (p.1).
Timing: "The returns shall be filed no later than 3 p.m. on the 5th day after any primary election and no later than 3 p.m. on the 9th day after any general election in which a recount was ordered by the Secretary of State." Section 102.141(7)(c).
Candidate-Initiated Options
Florida statute does not provide for candidate-initiated recounts.
Voter-Initiated Options
Florida statute does not provide for voter-initiated recounts.
Cost for Candidate-Initiated Recounts
Florida statute does not provide for candidate-initiated recounts.
Cost for Voter-Initiated Recounts
Florida statute does not provide for voter-initiated recounts.
Challengers and Observers
Retabulations and hand recounts are open to the public. Section 102.166, (3) and Rule 1S-2.031(2)(e).
The Department of State determines the rules regarding both public observers of the manual recount as well as “procedures relating to candidate and petitioner representatives.” Candidates whose “ultimate success or failure in the race” could be impacted by a recount are entitled to representatives at the recount, and if it is a partisan contest, the political parties for the affected candidate are also entitled to one representative each. All representatives must be placed on a list for election officials. Section 102.166(5)(d)
For ballot measures and issues, political committees may be entitled to have a representative if they have filed before the election support for or against the measure. Rule 1S-2.031(3)(d) and (e).
Rules for Determining Voter Intent
Florida statute specifies that "A vote for a candidate or ballot measure shall be counted if there is a clear indication on the ballot that the voter has made a definite choice." The Department of State determines the specific rules for each certified voting system and prescribes what constitutes a "clear indication on the ballot that the voter has made a definite choice." Section 102.166(4)(a) and (b). See also Rule 1S-2.027.
Resources
Florida Statutes 102.141
Florida Statutes 102.166
Fla. Admin. Code Rule 1S-2.031
Fla. Admin. Code Rule 1S-2.027
Recount Procedure Summary
Recount Procedure Manual