7893198, 1S-2.037 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7893198

Notice of Development of Rulemaking

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Chapter:

ELECTIONS

Overview

RULE:

1S-2.037

Provisional Ballots

PURPOSE:

The proposed changes are intended to clarify the notice to certain provisional ballot voters as to their right to provide evidence of eligibility and their right to access information as to whether the provisional ballot was counted. The proposed changes specifically reflect procedures evolving from a 2008 change in law to Section 97.053(6), Florida Statutes. The proposed changes primarily addresses the notice to be given to someone who now under current law votes a provisional ballot because his or her Florida driver’s license, Florida identification card or social security number was unverified by the time he or she presented to vote and what he or she can do to provide evidence in order have the provisional ballot count. The evidence can be submitted in person or by copy through the mail, fax, or email to the Supervisor of Elections. The proposed change removes reference to procedures applicable prior to January 1, 2008, clarify when and whether a voter should be brining in further evidence of eligibility based on the reason for having voted a provisional ballot, requires the Supervisor of Elections’ Office contact information to be available, and makes nonsubstantive organizational changes to the rule.

SUBJECT:

Provisional ballot voters and procedures.

RULEMAKING AUTHORITY:

20.10(3), 97.012(1), 101.048 FS.

LAW:

97.053(6), 101.048 FS.

PRINT PUBLISH DATE:

11/6/2009 Vol. 35/44

RELATED STATUTES
AND LAWS:

20.10(3), 97.012(1), 101.048 FS., 97.053(6), 101.048 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-2.037&PDate=11/6/2009&Section=1

REFERENCE MATERIALS:

No reference(s).

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