SB834,,5595599.01 (6) (a) Within 5 business days after completion of the recount determination by the board of canvassers in all counties concerned, or within 5 business days after completion of the recount determination by the commission chairperson secretary of state or the chairperson’s secretary’s designee whenever a determination is made by the chairperson secretary or designee, any candidate, or any elector when for a referendum, aggrieved by the recount may appeal to circuit court. The appeal shall commence by serving a written notice of appeal on the other candidates and persons who filed a written notice of appearance before each board of canvassers whose decision is appealed, or in the case of a statewide recount, before the commission chairperson secretary of state or the chairperson’s secretary’s designee. The appellant shall also serve notice on the commission secretary of state if the commission chairperson secretary or the chairperson’s secretary’s designee is responsible for determining the election. The appellant shall serve the notice by certified mail or in person. The appellant shall file the notice with the clerk of circuit court together with an undertaking and surety in the amount approved by the court, conditioned upon the payment of all costs taxed against the appellant.

SB834,,5615619.01 (7) (a) The court with whom an appeal is filed shall forthwith issue an order directing each affected county, municipal clerk, or board, and the commission secretary of state, to transmit immediately all ballots, papers and records affecting the appeal to the clerk of court or to impound and secure such ballots, papers and records, or both. The order shall be served upon each affected county, municipal clerk, or board, the commission secretary of state, and all other candidates and persons who filed a written notice of appearance before any board of canvassers involved in the recount.

SB834,,5635639.01 (8) (a) Unless the court finds a ground for setting aside or modifying the determination of the board of canvassers or the commission chairperson secretary of state or chairperson’s secretary’s designee, it shall affirm the determination.

SB834,,5655659.01 (8) (c) The court may not receive evidence not offered to the board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee except for evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount, and except that the court may receive evidence not offered at an earlier time because a party was not represented by counsel in all or part of a recount proceeding. A party who fails to object or fails to offer evidence of a defect or irregularity during the recount waives the right to object or offer evidence before the court except in the case of evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount or evidence received by the court due to unavailability of counsel during the recount.

SB834,,5675679.01 (8) (d) The court shall set aside or modify the determination of the board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee if it finds that the board of canvassers or the chairperson secretary or chairperson’s secretary’s designee has erroneously interpreted a provision of law and a correct interpretation compels a particular action. If the determination depends on any fact found by the board of canvassers or the commission chairperson secretary of state or the chairperson’s secretary’s designee, the court may not substitute its judgment for that of the board of canvassers or the chairperson secretary or designee as to the weight of the evidence on any disputed finding of fact. The court shall set aside the determination if it finds that the determination depends on any finding of fact that is not supported by substantial evidence.

SB834,,5695699.01 (10) Standard forms and methods. The commission secretary of state shall prescribe, by rule, standard forms and procedures for the making of recounts under this section. The procedures prescribed by the commission secretary shall require the boards of canvassers in recounts involving more than one board of canvassers to consult with the commission staff office of the secretary of state prior to beginning any recount in order to ensure that uniform procedures are used, to the extent practicable, in such recounts.

SB834,,57157110.01 (1) The form of the various election notices shall be prescribed by the commission secretary of state to standardize election notices. To accomplish this purpose, the commission secretary shall make rules and draft whatever forms it the secretary considers necessary. Notification or certification lists of candidates or referenda questions sent to the county clerks shall prescribe the form in which the county clerks shall publish the relevant portions of the notice and any additional county offices and referenda questions. The commission secretary of state shall also prescribe the provisions for municipal notices which shall be sent to each county clerk who shall immediately forward them to each municipal clerk.

SB834,,57357310.01 (2) (intro.) For election purposes there shall be 5 basic types of notices, modified as necessary to apply to the various elections, which shall be published in substantially the same form as prescribed by the commission secretary of state. The 5 types of notices are:

SB834,,57557510.02 (1) Before any election an appropriate type B notice shall be published in substantially the form prescribed by the commission secretary of state at the times prescribed in s. 10.06. The type B notice shall include the following relevant sections and be within the guidelines established in this section.

SB834,,57757710.02 (2) (c) The facsimile ballots shall follow the voting instructions. The size and style of type and the general display of the facsimile ballots shall be prescribed by the commission secretary of state and shall conform to the form prescribed by the commission secretary under s. 7.08 (1) (a). The party columns shall not exceed 2-1/6 inches in width and the ballot size may be reduced. Voting machine facsimile ballots shall show a reduced diagram of the front of the voting machine and instructions to electors on how to vote on the machine. If the ballots in the wards or election districts within a county or municipality are identical but for the names of different candidates, districts or seats, the facsimile ballot may show the ballot for one ward or election district, accompanied by a list of candidates, districts and seats to be voted upon in the other wards or election districts.

SB834,,57957910.02 (3) (intro.) The notice shall contain the following:

SB834,,580580FACSIMILE BALLOT NOTICE

SB834,,581581OF .... ELECTION

SB834,,582582Office of .... [County] [Municipal] Clerk.

SB834,,583583To the Electors of .... [County] [Municipality]:

SB834,,584584Notice is hereby given of a .... election to be held in the several wards in the [county] [municipality] of ...., on the .... day of ...., .... (year), at which the officers named below shall be chosen. The names of the candidates for each office to be voted for, whose nominations have been certified to or filed in this office, are given under the title of the office and under the appropriate party or other designation, each in its proper column, together with the questions submitted to a vote, in the sample ballot below.