85280, 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: 85280

Notice of Development of Rulemaking

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Chapter:

ELECTIONS

Overview

RULE:

1S-2.037

Provisional Ballots

PURPOSE:

The purpose of the proposed rule amendments is to incorporate the text of the emergency rule 1SER06-1 which became effective on January 29, 2006, to address an issue relating to protecting the secrecy of provisional ballots cast by voters using the Sequoia Touch Screen Voting System. Prior to the Division’s last filing of Rule 1S-2.037, F.A.C., for adoption, the Bureau of Voting Systems Certification had identified a significant obstacle with the application of the proposed rule and the forms during the Bureau’s testing of the Sequoia Voting System for compliance with the disability accessibility requirements of Title III of the Help America Vote Act and Section 101.56062, Florida Statutes. It was determined that the proposed rule and incorporated forms as applied to the Sequoia Touch Screen Voting System could not ensure the secrecy of the provisional ballot as required under state and federal law. If the provisional ballot procedures for touch screen voting systems and form DS DE 49 TS, entitled “Touch Screen, Provisional Ballot Voter’s Certificate and Affirmation,” or form DS DE 49 OT/TS, entitled “Optical Scan/Touch Screen, Provisional Ballot Voter’s Certificate and Affirmation” are used for the provisional ballot voter using the Sequoia Touch Screen Voting System, the provisional ballot identification number included on the certificate and affirmation will reveal a link between the identity of the voter and the vote cast when ballot image reports are generated. This problem was confirmed by the vendor for the Sequoia Touch Screen Voting System. In the interim, the Department had also learned that at least one county, Pinellas County that uses the Sequoia Touch Screen Voting System, was scheduled to hold municipal elections in March 2006. At least three other counties (Indian River, Palm Beach and Hillsborough) were potentially at risk if an election were to be scheduled within the next two to three months
The timing of the discovery occurred at a point in which the Department could not toll Rule 1S-2.037, F.A.C., for adoption because of the administrative rulemaking deadlines. The Division proceeded with the adoption of the emergency rule with the intent to amend Rule 1S-2.037, F.A.C., to incorporate permanently the text of the emergency rule.

SUBJECT:

Provisional Ballots.

RULEMAKING AUTHORITY:

20.10(3) FS., 97.012(1),(2) FS., 101.048 FS.

LAW:

97.053(6) FS., 101.043 FS., 101.048 FS., 101.111 FS.

PRINT PUBLISH DATE:

2/10/2006 Vol. 32/06

RELATED STATUTES
AND LAWS:

20.10(3) FS., 97.012(1),(2) FS., 101.048 FS., 97.053(6) FS., 101.043 FS., 101.048 FS., 101.111 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=2/10/2006&Section=1

REFERENCE MATERIALS:

No reference(s).

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