1SER10-1: Absentee Ballot Request Information-Reporting
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Pursuant to Section 120.54(4)(b), Florida Statutes, this emergency rule is a rule pertaining to the public health, safety, and welfare as it involves the interpretation and implementation of the requirements of Chapters 97-102 and 105 of the Florida Election Code. On May 28, 2010, House Bill 131 was signed into law and became effective immediately. See Chapter 2010-167, Laws of Florida. Section 7 of the bill amended Section 101.62, Florida Statutes. Specifically, it imposed a timeframe in which Supervisors of Elections must update and make available absentee ballot request information to those persons and entities authorized by statute and to the Department of State through electronic upload. Up until the new law, the law was silent and the timeframe for providing the absentee ballot request information was prescribed in rule. Rule 1S-2.043, F.A.C., required the information be updated daily and made available for a period to start 45 days before an election or from the time the first absentee ballots are mailed, whichever was earlier, and to end 10 days after an election. The new law requires absentee ballot request information to be made available daily for a continuous period beginning 60 days before a primary election and ending 15 days after the general election. The emergency rule is needed to ensure that the Supervisors of Elections’ comply uniformly, consistently and timely with the requirements of the new law for reporting absentee ballot request information for primary and general elections. This rule is also necessary because the Supervisors of Elections are also required to provide absentee ballot request information through an electronic upload to the Florida Department of State who in turn makes it available on a statewide basis through a protected site to those persons and entities authorized under Section 101.62(3), F.S. to access this information. This emergency rule establishes the timeframe for compiling, making available and transmitting absentee ballot request information to conform with the timeframe in state law pending formal rule adoption to the existing Rule 1S-2.043, F.A.C. This will ensure that specified political entities, election officials and political candidates will be able to access information for elections and campaign purposes.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The Division of Elections is aware of the rulemaking procedures prescribed by Section 120.54, Florida Statutes. That process requires advance notice to the public of intended rules and the opportunity to submit comments on the intended rule, prior to the agency’s adoption of the rule. The time period for general rulemaking takes at least 60 days and will prevent the timely amendment and adoption of a rule needed to apply to upcoming elections. In the interim, the provisions of this emergency rule will ensure that interested or affected persons and entities who are entitled to access absentee ballot request information are able to fulfill their election duties or to be able to conduct their political activities or campaigns. The Department of State will be initiating rulemaking on Rule 1S-2.043, F.A.C., to incorporate the text of the emergency rule permanently.
SUMMARY: This emergency rule ensures that Supervisors of Elections make absentee ballot request information available uniformly, consistently and timely to those persons or entities entitled to receive this information to fulfill election duties and to conduct political activities or campaigns.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Maria Matthews, Assistant General Counsel, Florida Department of State, 500 S. Bronough Street, Tallahassee, Florida 32399; mimatthews@dos.state.fl.us; (850)245-6536
THE FULL TEXT OF THE EMERGENCY RULE IS:
1SER10-1 Absentee Ballot Request Information – Reporting.
(1) Absentee ballot request information files.
(a) General application. This rule establishes file format specifications, timelines and other content requirements for the electronic compilation, transmission and reporting of absentee ballot request information. The Supervisors of Elections shall ensure that the files required under this rule transmit successfully and timely to the Division of Elections. For purposes of this rule, the term:
1. “FVRS” refers to the Florida Voter Registration System.
2. “Supervisor” refers to the county Supervisor of Elections.
3. “Division” refers to the Division of Elections.
4. “Primary election” means an election held preceding the general election for the purpose of nominating a party nominee to be voted for in the general election to fill a national, state, county, or district office.
5. “General election” means an election held in the first Tuesday after the first Monday in November in the even-number years, for the purpose of filling national, state, county, and district offices and for voting on constitutional amendments not otherwise provided for by law.
(b) Compilation. For the primary and general election, the Supervisor shall compile daily an electronic file that contains information related to receiving and processing absentee ballot requests. Each day’s file shall be a complete replacement of the previous day’s file. The Supervisor shall create a separate file for each election.
(c) File Transmission, The Supervisor shall transmit to the Division the electronic file compiled under paragraph (b) no later than noon Eastern Standard Time of the day after the day being reported. The file shall be sent daily on a continuous basis beginning 60 days before the primary election and ending 15 days after the general election. The daily file shall be sent even if there is no new information to report. The file shall be in the format specified in paragraph (d).
(d) File specifications.
1. Each file shall be created or converted into a tab-delimited text file.
2. Quotes shall not be used to enclose alphanumeric data.
3. For each registered voter’s record, the address included shall be the address to which the voter has requested the ballot to be sent. However, information shall not be included for any voter who has requested in writing an exemption from public disclosure pursuant to Section 119.071(2)(j), (4)(d) or (5)(i), F.S.
4. Each record in the file must contain the following information in the specified format:
|
Table 1 Absentee Ballot Request Information File Layout | |||
|
Data Element Name |
|
TranRead |
Data Format Rules |
|
RecordType |
AbStat |
Y |
“AbStat” |
|
CountyId |
County providing summary |
|
Char(3) Use FVRS county codes |
|
FVRSVoterIdNumber |
FVRS Voter Id Number |
Y |
Numeric (10) |
|
FVRSElectionNumber |
FVRS Election identifier |
Y |
Numeric (10) |
|
ElectionDate |
Date of the election |
Y |
MM/DD/YYYY |
|
ElectionName |
Name of Election |
Y |
Char(35) |
|
LastAbsRecordChangeDate |
Date the absentee summary record was last updated |
Y |
MM/DD/YYYY |
|
AbsenteeRequestStatus |
|
Y |
Char(1) C: Cancelled E: Voter Error M: Mailed R: Requested U:Returned Undeliverable V: Voted |
|
AbsReqDate |
|
Y |
MM/DD/YYYY |
|
AbsDelivery Date |
|
|
MM/DD/YYYY |
|
AbsReturnDate |
|
|
MM/DD/YYYY |
|
AbsReqCanceledDate |
|
|
MM/DD/YYYY |
|
AbsMilitary |
|
|
Char(1) Y, N |
|
AbsOverseasFlag |
|
|
Char(1) Y, N |
|
AbsMilitary Dependent |
|
|
Char(1) Y, N |
|
Precinct |
|
|
Char (6) |
|
Abs Party |
|
|
Char (3) |
|
Voter Name |
|
|
Char (99) |
|
AbsReqMailingAddressLine 1 |
|
|
Char (40) |
|
AbsReqMailingAddressLine 2 |
|
|
Char (40) |
|
AbsReqMailingAddressLine 3 |
|
|
Char (40) |
|
AbsReqMailingAddress City |
|
|
Char (40) |
|
AbsReqMailingAddress State |
|
|
Char (2) |
|
AbsReqMailingAddressZip |
|
|
Char (15) |
|
AbsReqMailingAddressCountry |
|
|
Char (40) |
|
AbsReqE-mail Address |
|
|
Char (100) |
|
AbsReqFaxnumber |
|
|
Char (20) |
(d) Public access.
1. Persons or entities authorized under Section 101.62, F.S., may access absentee ballot request information from the Supervisor pursuant to his or her established procedures or from the Division as specified in subparagraph 2.
2. The Division shall post on its website (http://election.dos.state.fl.us) links to the daily county files of absentee ballot request information as directly received from the Supervisor. In order to access this information, a person or entity authorized under Section 101.62, F.S., must first submit form DS DE #70, entitled “Access Application for Absentee Ballot Request Information” (eff. 2/10). The Division shall then assign a username and password. Authorization for access is only valid for one general election cycle. All passwords for access expire at the end of the calendar year in which issued. An access application must be resubmitted annually. Form DS DE #70 is incorporated by reference and is available by contacting the Florida Department of State, Division of Elections, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, (850)245-6200, or by access to the Division website at: http://election.dos.state.fl.us.
3. An individual voter requesting access to his or her personal absentee ballot request information must obtain such information directly from the Supervisor of his or her county of residence.
THIS EMERGENCY RULE TAKES EFFECT ON JUNE 25, 2010.
Rulemaking Authority 20.10(3), 97.012(1), 101.62(3) FS. Law Implemented 101.62 FS. History–New 6-25-10.