Notice of Proposed Rule

DEPARTMENT OF STATE
Division of Elections
RULE NO.: RULE TITLE:
1S-2.040: Statewide Uniform Voter Registration Application
PURPOSE AND EFFECT: The primary purpose of the proposed rule revision is to conform to law that impacted the instructions but not the substantive content of the statewide voter registration application.. The law eliminated 2 forms of identification for persons who registered by mail for the 1st time and who are 1st time voters in Florida. This change was made to conform to a change in the prior year to the list of acceptable identification forms that persons could present before voting at the polls. The law also changed the earliest that a person could preregister from a 15 year old with a driver’s license to simply anyone who is 16 years old. Other format and non-substantive changes are made to streamline the form, DS-DE #39, which is incorporated by reference into the rule.
SUMMARY: Updating the instructions and form for the statewide voter registration application.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 20.10(3), 97.012(2), 97.052 FS.
LAW IMPLEMENTED: 97.051, 97.052, 97.053, 97.1031, 98.077, 101.045(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 3, 2011, 2:00 p.m.
PLACE: Florida Heritage Hall, R.A. Gray Building, Florida Department of State, 500 S. Bronough Street, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Eddie Phillips, elphillips@dos.state.fl.us, administrative assistant, Office of General Counsel, Department of State, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399-0250, telephone: (850)245-6536. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Maria Matthews, Assistant General Counsel, Office of General Counsel, Florida Department of State, 500 S. Bronough Street, Tallahassee, Florida 32399-0250, (850)245-6536, mimatthews@dos.state.fl.us or Dr. Gisela Salas, Director, Division of Elections, Gsalas@dos.state.fl.us, (850)245-6200

THE FULL TEXT OF THE PROPOSED RULE IS:

1S-2.040 Statewide Uniform Voter Registration Application.

(1) The Department of State, Division of Elections, is required to adopt by rule a uniform statewide voter registration application for use in this state. Form DS DE 39, entitled “Florida Voter Registration Application” (eff.__/__01/08), is hereby incorporated by reference. The form consists of two parts: instructions and information, and a detachable application.

(2) This application is available upon by request from the Division at Room 316, R. A. Gray Building, Tallahassee, Florida 32399-0250, or by contacting the Division of Elections at (850)245-6200, by contacting any supervisor of elections’ office, or by download from the Division of Elections’ website under the voter registration link “For the Voters” at: http://election.dos.state.fl.us/ index.html, or by contacting any supervisor of elections’ office.

Rulemaking Specific Authority 20.10, 97.012(1), (2), 97.052 FS. Law Implemented 97.051, 97.052, 97.053, 97.1031, 98.077, 101.045(2) FS. History–New 11-29-05, Amended 1-1-08,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Gisela Salas, Director, Division of Elections
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kurt S. Browning, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 16, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 1, 2011