RULE NO: RULE TITLE
1S-2.037: Provisional Ballots

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 3, January 22, 2010 issue of the Florida Administrative Weekly.

The changes are made in response to public comment and are as follows:

Subsection (1) is revised to read:

(1) Notice of Rights to Provisional Ballot Voters. A wWritten notice, entitled “Notice of Rights for Provisional Ballot Voters” must are to be provided to each person who casts a provisional ballot. and shall be entitled “Notice of Rights to Provisional Ballot Voters.” The notice must include the following: instructions shall contain.

(a) Contact information for the Supervisor of Elections including phone number, facsimile number, e-mail address, mailing address and office address. Information on how to access the respective county supervisor of election’s free access system and the information the voter will need to provide to obtain information on whether his or her provisional ballot was counted, and if not, the reason it was not counted.

(b) The following statements: statement

1. “If this is a primary election, you should contact the supervisor of elections’ office immediately to confirm that you are registered and can vote in the general election.”

(c)1. Applicable before January 1, 2008. The statement “You may provide written evidence supporting your eligibility to vote to the Supervisor of Elections at (provide address of the Supervisor) by no later than 5:00 p.m. of the third day following the election.

2. Applicable on or after January 1, 2008. The statement “You have the right to may provide written evidence supporting your eligibility to vote to the Supervisor of Elections at (provide address of the Supervisor) by no later than 5:00 p.m. of the second day following the election.”

3. “ATTENTION: If you voted this ballot because we could not verify your Florida driver’s license number, Florida state identification card number or the last four digits of your social security card number, bring your card in person or provide a copy via mail, fax or email to the Supervisor by the deadline.

(d) The statement “If you voted this a provisional ballot solely because you did not have the proper photo and signature identification, you do not have to provide any further evidence. Yyour ballot will be counted if your signature on the provisional ballot Voter’s Certificate and Affirmation matches the signature on your registration record and if you voted in the proper precinct. You will not need to provide further written evidence to the Supervisor of Elections.

4. “You have the right to find out if your ballot was counted, and if not, the reason why. [Insert instructions on how voter can access that information].”

Subsection (3) is also revised to remove reference to the activator card which is no longer used as a functioning part of the provisional ballot process for the Sequoia Touchscreen Voting System.