Item N1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 17. 2010
Division: Supervisor of Elections
Bulk Item: Yes ~
No
Department: Supervisor of Elections
Staff Contact PersonlPhone #:Harry Sawyer #3416
Suzanne Hutton. #3473
AGENDA ITEM WORDING:
Approval of a resolution adopting the "Position Paper" of the Florida Association of Supervisors of
Elections (FSASE) to delay the State's urrfunded mandate requiring Counties to purchase and deploy an
ADA-accessible optical scan paper-based system from the year 2012 until 2016.
ITEM BACKGROUND:
In 2002, Monroe County purchased upgrades to their tabulation system at a cost of over $185,000 in
compliance with the 2002 Federal Help America Vote Act (HA V A). In 2007, the Florida Legislature
voted to make Florida a "Paper Ballof' state requiring all counties to purchase and deploy an ADA
accessible optical scan paper-based system. There is only one State-certified system which meets this
requirement - the AutoMark. This urrfunded mandate from the State of Florida will cost the taxpayers
of Monroe County in excess of $336,000 for the 2010-2011 budget and statewide costs estimated in
excess of $35 million. The Florida Association of Supervisors of Elections (FSASE) issued a "Position
Paper" supporting this requirement be delayed from 2012 to 2016 due to the economic pressures
currently impacting Counties around the State and the fact that new technology has not yet been
developed to allow any person, regardless of disability, to vote independently. The disability community
and many professional organizations have also adopted the FSASE "Position Paper" in support of the
delay to 2016.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACVAGREEMENTCHANGES:N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty~ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
x
Not Required_
DISPOSITION:
Revised 7/09
AGENDA ITEM #
RESOLUTION NO.
- 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)-
ACCESSmLE OPTICAL SCAN PAPER-BASED SYSTEM
FROM THE YEAR 2012 TO 2016.
WHEREAS, in 2007, the Florida Legislature voted to make Florida a "Paper Ballot"
state; and
WHEREAS~ this change in the law will require all counties to purchase and deploy an
Americans with Disabilities Act (ADA)-accessible optical span paper-based system, of which
there is currently only one State-certified system which meets this requirement - the AutoMark;
and
WHEREAS~ in accordance with the 2002 Federal Help America Vote Act (HA V A)~
Monroe County 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; and
WHEREAS, 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
WHEREAS, 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
WHEREAS, 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
WHEREAS, numerous county commISSIons, the disability community and many
professional organizations have joined the FSASE in adopting the Association's "Position
Paper" (attached hereto as "Exhibit A") which supports the extension of this requirement to be
delayed from 2012 until 2016 due to the economic pressures on the Boards of County
Cormnissioners around the state, the operation impact to Supervisor of Elections' budgets, and
the fact that new teclmology has not been developed to allow any person, regardless of disability,
to vote independently; now therefore,
Page lof2
BE IT RESOL YED 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 _ day of , A.D., 2010,
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner George Neugent
Commissioner Mario DiGennaro
Commissioner Kim Wigington
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST: Danny L. Kolhage, CLERK
By:
By:
Deputy Clerk
Mayor Sylvia Murphy
Page 2 of 2
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 Kurt Browning, voted to make Florida a "paper ballot" state. For thirteen counties
in Florida, this 2007 legislation resulted in the second voting system purchase since 2001
(punch cards to touch screens and then to optical scan). Part ofthe legislation (F.S.
101.56075) required the conversion of the ADA voting equipment to a "paper ballot"
based system by 2012. The hope was that by 2012 additional ADA voting systems would
be developed and certified in the state.
The Federal 2002 Help America Vote Act (HA V A) required all counties to purchase a
voting system for each voting location that would be accessible to persons with any
disability. The majority of the counties purchased touch screens with audio ballots. At the
time, touch screens were the only certified accessible voting system in the state.
Currently, there is only one certified optical scan (paper) system that meets this
requirement - 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
enactment ofHA V A, voter education on the accessible voting systems used on Election
Day, and with concerns associated with the 2012 requirement. The disability community
is disappointed that development of new technology, especially to encompass all types of
disabilities, has not occurred since this legislation passed and that the AutoMark is
currently 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 system 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 following 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 teclmology has not developed to allow any person with any
disability to vote independently; that an extension of this requirement be delayed from
2012 until 2016.
Florida State Association of Supervisors of Elections
Association Legislative position since 2008
Florida Association of Counties
Included in the 2009 F AC Policy Statement
EXHIBIT
I A
Family Network on Disabilities of Florida
Richard La Belle, Executive Director and member of the State HA V A Plan
Committee
disAbility Solutions for Independent Living~ Inc.
Julie Shaw, Executive Director and former Executive ADA Administrator,
Governor's Working Group on the ADA
66 County Commissions have agreed with this statement.
Updated 9/17/09