In Florida, recounts are ordered by the County Canvassing Board for races fully within the county and the Secretary of State for multicounty, statewide, and federal races. A recount may not be requested. “Recount Procedure Summary (12/23)” at 1. If election returns are within the specified margin of 0.5%, then a machine recount is required of all ballots. If, after the machine recount, the second unofficial returns are within the designated margin of 0.25%, then there must be a manual recount of the overvotes and undervotes from the machine recount. The results from the manual recount must then be included in the certification of the official results, which must be reported by noon on the 13th day after a general election. This year that date is Monday, November 18, 2024. Fla. Stat. § 102.112(2).
Florida statute prescribes procedures for machine and hand recounts in the state. Fla. Stat. §§ 102.141(7), 102.166. In addition, the Secretary of State is required to adopt more detailed recount rules for each certified voting system. Fla. Stat. § 102.141(7)(d); Fla. Admin. Code r. 1S-2.031.
A recount cannot begin until the proper authority orders it. “Recount Procedure Summary (12/23)” at 1. **The Secretary of State orders recounts for federal, state, or multicounty races involving candidates for office and measures appearing on the ballot. Fla. Stat. §§ 102.141(7), 102.166(1). For all other races, the County Canvassing Board certifying the results orders the recount. “Recount Procedure Summary (12/23)” at 1. Neither candidates nor political committees may request a recount. “Recount Procedure Summary (12/23)” at 1.
Recounts are conducted by the Canvassing Board responsible for certifying the election results for the race undergoing a recount. Fla. Admin. Code r. 1S-2.031 § (2)(c). At least two members of the relevant Canvassing Board must be present during all recount procedures. Fla. Admin. Code r. 1S-2.031 § (3)(a).
All three members of the County Canvassing Board must be present for the resolution of a discrepancy during a recount. Fla. Admin. Code r. 1S-2.031 § (3)(a). Any decision by the Canvassing Board must be by a majority vote. Fla. Admin. Code r. 1S-2.031 § (3)(a). If an issue arises during a recount that is not addressed by statute or administrative rule, the Canvassing Board must decide the issue by a majority vote. Fla. Admin. Code r. 1S-2.031 § (9).
A machine recount must be ordered if the first set of unofficial returns indicates that a candidate was defeated by 0.5% or less of the total votes cast for the office or if an issue was approved or rejected by 0.5% or less of the total votes cast. Fla. Stat. § 102.141(7).
If the second set of unofficial returns indicates that a candidate was defeated by 0.25% or less of the votes cast for the office or an issue was approved or rejected by 0.25% or less of the votes cast, then a manual recount must be ordered. Fla. Stat. § 102.166(1).
The results of a machine recount are included in the second set of unofficial returns. Fla. Stat. § 102.141(7)(c). The County Canvassing Board must file the second set of unofficial returns by 3 p.m. on the 9th day after the General Election, or Thursday, November 14, 2024. Fla. Stat. § 102.141(7)(c).
The results of a manual count are included in the official returns. The official returns must be reported no later than noon on the 13th day after the General Election, or Monday, November 18, 2024. “Recount Procedures Manual” at 6.
All procedures related to recounts must be open to the public. “Recount Procedures Manual” at 6. Reasonable efforts must be made to conduct a recount in a room large enough to accommodate the necessary counting teams, the County Canvassing Board members, and representatives of each candidate, political party, or political committee involved in the recount. “Recount Procedures Manual” at 6. **There must be a designated observation space for members of the public, including the media. “Recount Procedures Manual” at 6.
Observers may not interfere with or disturb the recount, except that representatives entitled to be present may make reasonable objections to a counting team’s decision during a manual recount. “Recount Procedures Manual” at 9. **The County Canvassing Board, by majority vote, may have a person removed for interfering with or disturbing the process. “Recount Procedures Manual” at 9.
The Supervisor of Elections must ensure the security of ballots at all times during a recount. “Recount Procedures Manual” at 5. The Supervisor of Elections may employ law enforcement to provide security and maintain order during the recount. “Recount Procedures Manual” at 6.