No wonder the lawyer isn't interested in this. The question has been addressed in the 2006 petition to the U.S. Supreme Court that Joan points to.

pdf Page 79 (Appendix C-39a)

Thus, in the context of touchscreen voting machines, the "definite choice" standard entails determining whether the voter has made a definite selection rather than ascertaining a voter's intent, i.e., did a voter intend not to make a selection or did the voter unintentionally make a mistake in using the equipment. The Court finds that by pressing the button to cast his or her ballot on the touchscreen machines, the voter is making a definite selection. In warning the voter of an undervote and allowing for a review process before the ballot is cast, touchscreen machines provide sufficient safeguards to ensure that a voter's undervote is intentional. As a result, the ballot images printed during a manual recount pursuant to the Emergency Rule reflect a voter's choices under the statutory scheme adopted by the Florida legislature. [FN18]

So, the requirement of the standard is that the voter be required to confirm intent. SCOTUS says pushing the vote button confirms intent, as long as the voter has an opportunity to review, despite what the Florida standard says. Are those the same things? Not to me, they aren't?