1S-2.034: Polling Place Procedures Manual
PURPOSE AND EFFECT: This rule pertains to the Polling Place Procedures Manual which is incorporated by reference (DS-DE 11). This manual is used by election officials and poll workers to implement elections laws and processes during early voting and on Election Day. The proposed revisions are necessary to conform to changes in Chapter 2011-40, Laws of Florida, which became effective on May 19, 2011, and amended Sections 101.131 (pollwatchers), 101.043 (identification at the polls), and 101.045 (address changes at the polls), Florida Statutes.
SUMMARY: Update on the polling place procedures manual used by elections officials and poll workers during voting activities on Election Day and during the early voting period.
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.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) no requirement for SERC was triggered under Section 120.541(1), Florida Statutes, and 2) based on past experiences with election-related activities and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.
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(1), 102.014(5) FS.
LAW IMPLEMENTED: 102.014 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 31, 2011, 2:00 p.m.
PLACE: Room 307, R.A. Gray Building, Florida Department of State, 500 S. Bronough Street, Tallahassee, Florida 32399
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT: 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 hearing 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)245-6224. 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, at (850)245-6536, mimatthews@dos.myflorida.com or Dr. Gisela Salas, Director, Division of Elections, Gisela.Salas@dos.state.fl.us, (850)245-6200.
The full text of the proposed rule is accessible via the Division of Elections’ webpage for proposed rules at: http://election.dos.state.fl.us/rules/proposed-rules/index.shtml, or upon request, by contacting one of the named persons listed above.
THE FULL TEXT OF THE PROPOSED RULE IS:
1S-2.034 Polling Place Procedures Manual.
The Department of State, Division of Elections, is required to establish a polling place procedures manual to guide election officials and poll workers in the proper implementation of election procedures and laws. Form DS-DE 11 (eff. __/__08/10), entitled “Polling Place Procedures Manual,” is hereby incorporated by reference and available from the Division of Elections, R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at (850)245-6200, or by download from the Division of Elections’ rules webpage at: http://election.dos.state.fl.us/index.html.
Rulemaking Authority 20.10(3), 97.012(1), 102.014(5) FS. Law Implemented 102.014(5) FS. History–New 7-4-02, Amended 1-25-04, 3-16-06, 1-1-08, 8-13-08, 8-25-10,________.