RULE NO: RULE TITLE
1S-2.037: Provisional Ballots
PURPOSE AND EFFECT: The proposed changes are intended to clarify the notice to certain provisional ballot voters as to their right to provide evidence of eligibility and their right to access information as to whether the provisional ballot was counted. The proposed changes specifically reflect procedures evolving from a 2008 change in law to Section 97.053(6), Florida Statutes. The proposed changes primarily addresses the notice to be given to someone who now under current law votes a provisional ballot because his or her Florida driver’s license, Florida identification card or social security number was unverified by the time he or she presented to vote and what he or she can do to provide evidence in order have the provisional ballot count. The evidence can be submitted in person or by copy through the mail, fax, or email to the Supervisor of Elections. The proposed change removes reference to procedures applicable prior to January 1, 2008, clarify when and whether a voter should be brining in further evidence of eligibility based on the reason for having voted a provisional ballot, requires the Supervisor of Elections’ Office contact information to be available, and makes nonsubstantive organizational changes to the rule.
SUBJECT AREA TO BE ADDRESSED: Provisional ballot voters and procedures.
SPECIFIC AUTHORITY: 20.10(3), 97.012(1), 101.048 FS.
LAW IMPLEMENTED: 97.053(6), 101.048 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 30, 2009, 3:00 p.m.
PLACE: Room 307, 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, Executive Office Assistant, Office of General Counsel, Florida Department of State at: ELPhillips@dos.state.fl.us or (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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Maria Matthews, Assistant General Counsel, Florida Department of State at: mimatthews@dos.state.fl.us or (850)245-6536, or Donald Palmer, Director, Division of Elections, Florida Department of State at: DLPalmer@dos.state.fl.us or (850)245-6200

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