11449412, 1S-2.049 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11449412

Notice of Development of Rulemaking

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Chapter:

ELECTIONS

Overview

RULE:

1S-2.049

Vote-By-Mail Ballots - Absent Stateside Uniformed Services Voters (Repealed)

PURPOSE:

This rule deals exclusively with the request delivery and return of absentee ballots for absent stateside (but not overseas) uniformed services voters and their dependent children and spouses who are absent from county as a result of that active duty. The proposed revisions are made to the ballot instructions to conform to new absentee ballot instruction language in sections 38 and 39 of chapter 2011-40, Laws of Florida, which became effective May 19, 2011. The new instructions in law put the voter on notice as to what was already the law which says that if a signature on the certificate does not match the signature on record at the time of canvassing, the ballot will not count. The instructions in the rule are also changed to reflect what is now in law that says canvassing of absentee ballots can begin as early as 15 days in lieu of 6 days before election day. The revisions also clarify that a blank absentee ballot can be delivered or transmitted to an absent stateside uniformed services voter via electronic means other than by mail. This conforms to federal law in s. 578 of the Military Overseas Voter Empowerment Act. No statement of estimated regulatory cost is triggered and therefore statement is prepared. No legislative ratification is required for this rule revision to become effective.

SUBJECT:

Absentee ballot process for absent stateside military voters.

RULEMAKING AUTHORITY:

20.10(3), 97.012(1), 101.69 FS.

LAW:

101.62, 101.64, 101.65, 101.6923, 101.69 FS.

PRINT PUBLISH DATE:

5/4/2012 Vol. 38/18

RELATED STATUTES
AND LAWS:

20.10(3), 97.012(1), 101.69 FS., 101.62, 101.64, 101.65, 101.6923, 101.69 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-2.049&PDate=5/4/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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