Notice of Development of Rulemaking

DEPARTMENT OF STATE
Division of Elections
RULE NO: RULE TITLE
1S-2.042: Third-Party Voter Registration Organizations
PURPOSE AND EFFECT: The primary purpose of the proposed new rule is to implement law regarding third-party voter registration organizations consistent with the requirements of Chapters 2005-278 and 2007-30, Laws of Florida.
SUBJECT AREA TO BE ADDRESSED: Third-party voter registration organizations.
SPECIFIC AUTHORITY: 20.10(3), 97.0575(1), (4), (8) FS.
LAW IMPLEMENTED: 97.021(36), 97.0575 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Monday, May 12, 2008, 2:00 p.m.
PLACE: Room 307, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250
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: Gary J. Holland, Assistant General Counsel, Office of General Counsel, Department of State, R. A. Gray Building, 500 S. Bronough Street, Tallahassee, FL 32399-0250; telephone: (850)245-6536; e-mail: gjholland@dos.state.fl.us. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Gary J. Holland, Assistant General Counsel, Office of General Counsel, Department of State, R. A. Gray Building, 500 S. Bronough Street, Tallahassee, FL 32399-0250; telephone: (850)245-6536; e-mail: gjholland@dos.state.fl.us

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

1S-2.042 Third-Party Voter Registration Organizations.

(1) Forms. The following forms are 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:

(a) Form DS DE 106 (eff. ___/____), entitled “Third-Party Voter Registration Organization Registration Form.”

(b) Form DS DE 107 (eff. ___/____), entitled “Quarterly Report Form for Organized Voter Registration Drives by Third-Party Voter Registration Organization.”

(c) Form DS DE 108 (eff. ___/____), entitled “Form for Complaint Against Third-Party Voter Registration Organization.”

(2) Registration.

(a) A third-party voter registration organization shall complete and file Form DS DE 106 with the Division of Elections prior to conducting any voter registration activities. If the third-party voter registration organization is an affiliate of another organization (e.g., state or national), the third-party voter registration organization shall file Form DS DE 106 even if its affiliated organization filed a separate form for its own voter registration activities.

(b) The registered agent of a third-party voter registration organization must satisfy the requirements of a registered agent specified in Section 617.0501(1)(b), F.S.

(c) The Division of Elections shall assign a unique identification number to the third-party voter registration organization and shall provide the identification number to the organization’s registered agent.

(d) A third-party voter registration organization shall use Form DS DE 106 to update or withdraw its registration. The third-party voter registration organization shall submit the updated DS DE 106 within 10 days of the effective date of any change.

(3) Voter Registration Drive Quarterly Report.

(a) A third-party voter registration organization shall use Form DS DE 107 to file a report with the Division of Elections at the end of each calendar quarter providing the date and location of any organized voter registration drives conducted in the preceding calendar quarter. If the third-party voter registration organization did not conduct an organized voter registration drive in the preceding calendar quarter, the organization need not file Form DS DE 107 for that quarter.

(b) “Organized voter registration drive” means any voter registration activity that is coordinated with, or directed by, a third-party voter registration organization and where one or more persons solicit or collect voter registration applications on behalf of the third-party voter registration organization.

(c) The quarterly reports shall be filed no later than April 15, July 15, October 15, and January 15 to cover the preceding calendar quarter, respectively. If a due date falls on a Saturday, Sunday or legal holiday, the report is due on the next day which is not a Saturday, Sunday or legal holiday.

(4) Voter Registration Applications Submitted by a Third-Party Voter Registration Organization. The following procedures apply in processing voter registration applications submitted by a third-party voter registration organization:

(a) When submitting a completed voter registration application by hand-delivery, mail, or other means, a third-party voter registration organization shall clearly indicate its identification number (or for a third-party voter registration organization that fails to register in accordance with Section 97.0575(1), F.S., its name and complete mailing address) on each voter registration application in the right hand side of the bottom margin on either Form DS-DE 39, entitled, “Florida Voter Registration Application,” incorporated by reference in Rule 1S-2.040, F.A.C.; on the National Mail Voter Registration Form; or on the Federal Post Card Application, as applicable. The third-party voter registration organization shall preface its identification number on the form with “3d PVRO #,” which stands for Third Party Voter Registration Organization Number.

(b) The Division of Elections or the voter registration official, as applicable, shall stamp or mark the front of the voter registration application submitted by or on behalf of the third-party voter registration organization with the registration date as determined by Section 97.053, F.S.

(5) Complaints, Investigations, and Fines.

(a) Any person claiming to have been registered by a third-party voter registration organization but whose name does not appear as an active voter on the voter registration rolls shall use Form DS DE 108 to file the complaint.

(b) A supervisor of elections may report to the Division of Elections any potential violation of Section 97.0575(3), F.S. The supervisor of elections shall submit the report using Form DS-DE 34, entitled “Elections Fraud Complaint” incorporated by reference in Rule 1S-2.025, F.A.C., and attach copies of all supporting documentation. The supervisor of elections shall retain the original voter registration documentation in his or her office records.

(c) Following its investigation, the Division of Elections shall determine if the third-party registration organization is liable for a civil fine pursuant to the provisions of Section 97.0575, F.S. The Division, acting on behalf of the Secretary of State, shall waive the imposition of any applicable fine upon a showing that the third-party voter registration organization’s failure to deliver the application by the applicable deadline was due to force majeure or impossibility of performance. The Division shall also determine if the third-party voter registration organization is entitled to a fine reduction in accordance with Section 97.0575(3), F.S. A fine reduction shall occur if the organization was properly registered and submitted a timely report for the quarterly report period corresponding to the voter registration application that is the subject of the investigation.

(d) If the Division of Elections determines that a fine should be imposed on a third-party voter registration organization, the Division shall serve an administrative complaint pursuant to Rule 28-106.2015, F.A.C., upon the registered agent of the third-party voter registration organization by personal delivery or certified mail, return receipt requested. If the third-party voter registration organization did not designate a registered agent under Section 97.0575(1), F.S., the Division shall serve the administrative complaint upon the mailing address for the third-party voter registration organization by personal delivery or certified mail, return receipt requested. Within 21 days from receipt of the administrative complaint, the third-party registration organization may request a hearing in accordance with Sections 120.569 and 120.57, F.S., or within 30 days from receipt of the administrative complaint, the third-party voter registration organization shall pay the designated fine. When submitting a request for a hearing, the third-party voter registration organization shall comply with the requirements of subsection 28-106.2015(5), F.A.C.

Specific Authority 20.10(3), 97.0575(1), (4), (8), FS. Law Implemented 97.021(36), 97.053, 97.0575, FS. History–New _________.