Resolution 059-2010
RESOLUTION NO. 059 - 2010
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
ADOPTING THE "POSITION PAPER" OF THE FLORIDA
ASSOCIATION OF SUPERVISORS OF ELECTIONS TO
DELAY THE STATE'S UNFUNDED MANDATE
REQUIRING COUNTIES TO PURCHASE AND DEPLOY
AN AMERICAN WITH DISABILITIES ACT (ADA)-
ACCESSIBLE OPTICAL SCAN PAPER-BASED SYSTEM
FROM THE YEAR 2012 TO 2016.
WHJEREAS, in 2007, the Florida Legislature voted to make Florida a "Paper Ballot"
state; and
WHJEREAS, this change in the law will require all counties to purchase and deploy an
Americans ~Nith Disabilities Act (ADA)-accessible optical scan paper-based system, of which
there is cUIT1ently only one State-certified system which meets this requirement - the AutoMark;
and
WHJEREAS, in accordance with the 2002 Federal Help America Vote Act (HA V A),
Monroe COlmty purchase upgrades to their tabulation system which included forty-eight (48)
Accu-Vote 'TSX (touch screen) tabulators at a cost of over $185,000 to comply with this
legislation; alnd
WH]~REAS, the sixty-three (63) counties that currently use touch screens to comply
with HA V A will now be required to purchase the AutoMark or another similar certified system;
and
WHl8:REAS, the Florida State Association of Supervisors of Elections (FSASE) has
conducted a survey of the counties required to make the voting system change, and it is
estimated that the cost will be in excess of $35 million statewide, which does not include any
existing debt that many counties have incurred as a result of voting equipment changes made
during this decade; and
WH)~REAS, the voting system change represents an unfunded mandate form the State of
Florida that 'will cost the taxpayers of Monroe County in excess of $336,000 for the 2010-2011
budget; and
WHI~REAS, numerous county commIssIons, the disability community and many
professional organizations have joined the FSASE in adopting the Association's "Position
Paper" (atta(:hed hereto as "Exhibit A") which supports the extension of this requirement to be
delayed froIn 2012 until 2016 due to the economic pressures on the Boards of County
Commissionters around the state, the operation impact to Supervisor of Elections' budgets, and
the fact that 11ew technology has not been developed to allow any person, regardless of disability,
to vote indep,endently; now therefore,
Page 1 of 2
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
1 : The Board of County Commissioners of Monroe County, Florida does hereby adopt the
"Position Paper" of the Florida Association of Supervisors of Elections (FSASE) to delay
the :State's unfunded mandate requiring Counties to purchase and deploy an ADA-
accessible optical scan paper-based system from the year 2012 to 2016.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a regular meeting on said Board on the 17th day of February , A.D., 2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
-;"',:~::~:,C;~lmissioner George Neugent
. '<3!~~~ssioner Mario DiGennaro
, '0cr ~T:eo~ioner Kim Wigington
"~'-~1~~'\ .. i. t ",.,.~:' '. .' J.
"1f~ .~, BOARD OF COUNTY COMMISSIONERS
-~::-- ~Ir OF MONROE COUNTY, FLORIDA
~" . .:z ~/Dl~ny L. Kolhage, CLERK
""~-""'J~
'~c;'~"~/ #
By: ~
Ikputy Clerk
Yes
Yes
Yes
Yes
Yes
By:
· - May -r Sylvia Murphy
u
-y
~~~
~~=~: r'll ~~~~:
I ..
(.--~) ..-.-",
~~.~~? CJ ::~
~~~= ~~~:; i=2
-..:; 0 :T~
~"..... ~-lJ:>
-q C)
1-- rTl
Page 2 of 2
~
c:;,
c::::t
."
,."
o:J
N
.&:-
."
:z
-.,
,-
fT1
o
-"
C)
::0
:::::J
,."
CJ
<::)
;;0
o
-
..
en
\D
Position Paper on Why We Want the Extension to 2016
In 2007 the Florida Legislature, at the request of Governor Charlie Crist and Secretary of
State KUlrt Browning, voted to make Florida a "paper ballot" state. For thirteen counties
in Floridla, this 2007 legislation resulted in the second voting system purchase since 2001
(punch cards to touch screens and then to optical scan). Part of the legislation (F.S.
101.56075) required the conversion of the ADA voting equipment to a "paper ballot"
based sy'stem by 2012. The hope was that by 2012 additional ADA voting systems would
be developed and certified in the state.
The Fedleral2002 Help America Vote Act (HA V A) required all counties to purchase a
voting s~ystem for each voting location that would be accessible to persons with any
disabilit:V. The majority of the counties purchased touch screens with audio ballots. At the
time, tOlLch screens were the only certified accessible voting system in the state.
Currentl:y, there is only one certified optical scan (paper) system that meets this
requirerrlent - the AutoMark. Today sixty-three (63) counties use touch screens and four
( 4) counties use the AutoMark.
The Florida State Association of Supervisors of Elections has conducted a survey of the
counties required to make the voting system change by 2012. The estimated cost will be
nearly $35 million dollars. This does not include existing debt that many counties have
incurred from the 2001 and 2007 voting equipment changes. The Association has been
working with the disability community on accessible voting equipment since the
enactmellt of HA V A, voter education on the accessible voting systems used on Election
Day, andl with concerns associated with the 2012 requirement. The disability community
is disapp.ointed that development of new technology, especially to encompass all types of
disabilities, has not occurred since this legislation passed and that the AutoMark is
currentl:y the only "paper based" option available to election officials. Given the choice
between continuing to use the touch screens or convert statewide to the AutoMark, the
preference is to stay with the current systems in the counties and focus on encouraging
voting S)Tstem vendors and the Department of State to focus on development of a system
that would serve persons with any type of disability during the voting process, especially
with absentee ballots.
The follctwing believe that due to the economic pressures on Boards of County
Commissioners around the state; the operational impact to Supervisors of Elections
budgets; the fact that new technology has not developed to allow any person with any
disabilit)T to vote independently; that an extension of this requirement be delayed from
2012 until 2016.
Florida State Association of Supervisors of Elections
A.ssociation Legislative position since 2008
Florida Plssociation of Counties
Irlcluded in the 2009 F AC Policy Statement
EXHIBIT
I A
Family ~~etwork on Disabilities of Florida
~~ichard La Belle, Executive Director and member of the State HA V A Plan
C:ommittee
disAbility Solutions for Independent Living, Inc.
Julie Shaw, Executive Director and former Executive ADA Administrator,
Ciovemor's Working Group on the ADA
66 County Commissions have agreed with this statement.
Updated 9/17/09