8185168, 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: 8185168

Notice of Proposed Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Chapter:

ELECTIONS

Overview

RULE:

1S-2.037

Provisional Ballots

PURPOSE:

The purpose of the proposed changes is to clarify the content of the notice of rights to provisional ballot voters as relates to their right to present evidence of eligibility in order to have their ballot counted and their right to find out if their provisional ballot was counted, and if not, why. The proposed changes will make the notice consistent with the procedures implemented in response to 2008 legislative changes to Section 97.053(6), Florida Statutes.

SUMMARY:

Specifically, the proposed changes highlight what evidence must be presented by a specific class of voters who may vote provisionally, i.e., those who vote provisionally solely because their Florida driver’s license number, Florida identification card number, or social security number was unverified by the time they presented to vote. Such provisional ballot voter can either present identification in person or provide a copy of such identification by mail, fax or email to the Supervisor of Elections. The identification must still be presented to or received by Supervisor of Elections no later than 5 pm. of the second day following the election if the voter wants the evidence to be considered by the county canvassing board for purposes of counting the provisional ballot. The proposed changes also eliminate reference to the procedures that were applicable prior to January 1, 2008 and also make non-substantive organizational changes to the rule.

RULEMAKING AUTHORITY:

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

LAW:

97.053(6), 101.048 FS.

PRINT PUBLISH DATE:

1/22/2010 Vol. 36/03

COMMENTS:

From 1/22/2010 To 2/12/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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