Notice of Development of Rulemaking

DEPARTMENT OF STATE
Division of Elections
RULE NO.: RULE TITLE:
1S-2.030: Absentee Ballots for Overseas Voters
PURPOSE AND EFFECT: This rule deals exclusively with the request, delivery and return of absentee ballots for overseas voters (uniformed services members and civilian U.S. citizens who are overseas). The changes focus on updating the rule in four ways. The title of the rule is changed to read as “Absentee Ballots for Overseas Voters (Uniformed Services and Civilian).” Proposed revisions conform the rule to the Military and Overseas Voter Empowerment Act (Public law 111-84) which facilitated voting for military voters and overseas civilian including allowing e-mail to be used to communicate and transmit absentee ballot requests and blank ballots to voters subject to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The proposed revisions contemplate allowing for the possibility of returning a voted absentee ballot by e-mail provided procedures for seeking and obtaining state-approval for using a secure remote electronic transmission program as authorized by section 101.697, F.S., are followed. The ballot instructions are also amended to conform to sections 38 and 39 of chapter 2011-40, Laws of Florida, which became effective May 19, 2011, and required notice to voters regarding the importance of the signature match for an absentee ballot to count. This is a second workshop. No statement of estimated regulatory cost is needed or prepared.
SUBJECT AREA TO BE ADDRESSED: Absentee ballots for voters who are overseas uniformed services members and overseas civilian U.S. citizens.
RULEMAKING AUTHORITY: 20.10(3), 97.012(1), 101.697 FS.
LAW IMPLEMENTED: 101.62, 101.64, 101.65, 101.6923, 101.697 FS.
A RULE DEVELOPMENT WORKSHOP 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
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, 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.state.fl.us or David Drury, Chief, Bureau of Voting Systems Certification, drdrury@dos.state.fl.us.; (850)245-6200

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.