What happens if there's another razor thin vote?

By DAVID ROYSE
Associated Press 31 October 2004

TALLAHASSEE, Fla.
The state that gave the nation a glimpse into the nitty gritty of counting votes four years ago is conducting elections differently this time around, embarrassed into overhauling its machinery, its rules and hopefully its image.

But one thing is still the same going into Election Day - it's far from clear who is going to win the state's electoral votes, and the prospect of another recount remains.

Floridians only hope that another difference from 2000 is that on Wednesday, it is clear who won.

The most obvious change that Florida has made since 2000 is its voting machinery - the infamous punch-card ballots with their hanging and pregnant chads are gone, replaced by two different types of voting.

In most of Florida, voters now use optical scan systems that proved to work pretty well four years ago. On those, voters fill in an oval or complete an incomplete line on a paper ballot to indicate their choice.

In 15 counties there are touch-screen machines, where voters touch a computer screen to indicate their ion. On those, there's no paper ballot.

Lawmakers also added provisional ballots to let people vote even if they're told they're not on voter lists. Elections officials will later verify if the ballots are legal and count them if they are. Some voters complained in 2000 of being turned away from the polls when they insisted they were legally allowed to vote.

The rules for recounts also are a little different - this time, there are standards for what equals a vote and what doesn't. One thing that's not clear, however, is what will happen in touch-screen counties if a recount is needed - the state's never had to recount votes on so many machines.

Here are the general rules for recounts if one is needed:

If the first returns from election night indicate the margin of victory in a particular race is one-half of 1 percent or less, local elections officials automatically must order a machine recount, unless the losing candidate says in writing they don't want one.

In the 52 counties that use optical scan voting machines, a machine recount is done by simply running the ballots back through the counters. If officials find a ballot that's damaged and can't be read, then a duplicate is made and run back through the counting machine. That tabulation will then be presumed correct.

In the 15 counties with touch-screen machines, officials will compare the precinct-level results with the county election return. If there is a discrepancy between the county's returns and the precinct returns, the precinct-level counts are presumed to be correct.

Those results must be reported to the state no later than noon on the third day after the election - Friday.

If after that machine recount the margin of victory is less than one quarter of 1 percent, local officials must do a manual recount of all the ballots that weren't counted because the counters registered more than one vote - an overvote - or no votes, known as an undervote.

If the machine recount margin of victory is more than one quarter of 1 percent but still less than one half of 1 percent, the losing candidate or the candidate's party can request a manual recount as long as they do it by 5 p.m. on Friday, and officials are required to then perform the manual recount.

Manual recounts are open to the public.

In counties using optical scan machines, the ballots will be looked at and counted if "there is a clear indication on the ballot that the voter has made a definite choice." This time around, there are state rules spelling out just how you determine that.

In touch-screen counties, there won't be any overvotes because the machines don't allow voters to choose two candidates.

There may be undervotes - where a voter didn't choose a candidate in a race. People doing the recount will then have to determine that a voter made a "definite choice" to skip the race. They'll first create ballot images, an electronic record of how each voter voted. For some types of touchscreen machines, the ballot images will say "undervote," for some they simply won't have a number code for a particular candidate, or won't have a mark for a candidate.

Essentially, if someone didn't vote in a race, it's generally assumed they skipped it on purpose - and there's no real way to know otherwise. So the recount is meant to make sure the number of undervotes seen in the manual recount matches the number reported in the results. If not, any discrepancy must be resolved before the results are certified.

"The touchscreen machines ensure "undervotes" are intentional on the voters part by prompting a voter multiple times to cast a vote," the Division of Elections says in its materials explaining touch-screen machines. "Undervotes occur when voters exercise their right to withhold their vote and often do for a number of reasons that include: maintaining a perfect voting record, as a protest vote, or for reasons known only to the voter. An undervote is not a 'lost vote' or 'error.'"

Official results are due to the state by the 11th day following the election, which this year is Saturday, Nov. 13.

In addition to recounts, unsuccessful candidates may also contest the results of a race in circuit court. Any voter qualified to vote in an election can also contest the results with a lawsuit.

And if there's a tie?

Well, that's unlikely in the presidential race, even in a state where President Bush beat Al Gore by fewer than 600 votes last time. But just in case, the law contemplates it:

"In case two or more persons receive an equal and highest number of votes for the same office, such persons shall draw lots to determine who shall be elected to the office," the law says.