10244575, 1S-2.051 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10244575

Notice of Development of Rulemaking

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Chapter:

ELECTIONS

Overview

RULE:

1S-2.051

Standards for Determining Voter's Choice on a Federal Write-In Absentee Ballot

PURPOSE:

The purpose of the proposed new rule is to implement the requirements of Chapter 2011-162, Laws of Florida, which expanded the use of federal write-in absentee ballots (which is a back-up ballot to the state absentee ballot) beyond federal elections to include a state or local election involving two or more candidates. The new law takes effect July 1, 2011. The new law requires the Department of State to adopt directions and criteria for determining voter intent on a federal write-in absentee ballot in the event of a recount. No statement of estimated regulatory cost is triggered and therefore no statement is prepared. Since no SERC is required or prepared, and no information exists other than past experiences associated with this subject matter, the proposed rule is not expected to require legislative ratification pursuant to Section 120.541(3), Florida Statutes, or any other statute, in order to become effective.

SUBJECT:

Federal Write-in Absentee Ballots.

RULEMAKING AUTHORITY:

20.10(3), 97.012(1), 102.166(4) FS.

LAW:

101.6952, 101.5614, 102.166 FS.

PRINT PUBLISH DATE:

7/29/2011 Vol. 37/30

RELATED STATUTES
AND LAWS:

20.10(3), 97.012(1), 102.166(4) FS., 101.6952, 101.5614, 102.166 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=1S-2.051&PDate=7/29/2011&Section=1

REFERENCE MATERIALS:

No reference(s).

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