4286350, 1S-2.030 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4286350

Notice of Proposed Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Chapter:

ELECTIONS

Overview

RULE:

1S-2.030

Vote-by-Mail Ballots for Absent Stateside Uniformed Services and Overseas Voters

PURPOSE:

The purpose of the proposed rule amendments is to update the rule to reflect legislative changes in Chapter 2005-277, Laws of Florida, relating to the oath in the voter’s certificate, and to provide procedures for the acceptance of voter absentee ballots via secure electronic transmission means approved by the Division of Elections. Effective January 1, 2006, Section 101.64, Florida Statutes, was revised to specify the use of a different oath to be placed on a voter’s certificate for absentee ballots for voters under the federal Uniformed and Overseas Citizens Absentee Voting Act. The law dictates that the standard oath prescribed by the presidential designee is to be used in lieu of the state statutory oath. This conforms with federal law under 42 U.S.C. s. 1973ff which provides that the presidential designee shall prescribe a standard oath for use with any document under this subchapter affirming that a material misstatement of fact in the completion of such a document may constitute grounds for conviction for perjury.” Also effective January 1, 2006, Section 101.697, Florida Statutes, was revised to establish the option for electronic transmission other than via e-mail of absentee ballots for overseas voters provided such transmission can be made secured.

SUMMARY:

The proposed rule amendment revises the oath to be placed on voter’s certificates for overseas voters, and provides the parameters under which overseas voters may vote absentee ballots via secure remote electronic access.

RULEMAKING AUTHORITY:

20.10(3), 97.012(1), 101.697 FS.

LAW:

101.64, 101.65, 101.697 FS.

PRINT PUBLISH DATE:

6/22/2007 Vol. 33/25

COMMENTS:

From 6/22/2007 To 7/13/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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