1S-2.0001: Designation of Division of Elections as Filing Office for Department of State
PURPOSE AND EFFECT: The rule will require all qualifying papers filed by candidates with a qualifying office to be an original document, except the full and public disclosure or statement or financial interests as permitted by statute. Currently, only those documents filed under oath with the Division of Elections must be an original. The rule is expanded to include supervisors of elections as a qualifying office within the purview of the rule. The rule incorporates by reference candidate qualifying forms. The rule makes clarifying changes to the title, text, and organization of the rule.
SUMMARY: The rule designates the Division of Elections as the qualifying office for candidates qualifying with the Department of State. Except as noted in the rule, all qualifying papers filed by candidates must be an original; the rule establishes when qualifying papers are filed; forms are incorporated by reference into the rule to satisfy required statutory qualifying papers; and the rule further provides how a candidate may withdraw his or her candidacy.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 20.05(1)(e), 20.10(3), 97.012(1), 99.061(10), 103.022 FS.
LAW IMPLEMENTED: 20.05(1)(b), 99.061, 99.095, 103.022, 105.031(1), 105.035 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 7, 2010, 11:30 a.m.
PLACE: Heritage Hall (Auditorium), Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida
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 Assistant, Department of State, at (850)245-6536; email: elphillips@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 IS: Gary J. Holland, Assistant General Counsel, Department of State, at (850)245-6536; email: gjholland@dos.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
1S-2.0001 Designation of Division of Elections as Filing Office for Department of State; Requirements for Candidate Qualifying Papers; Withdrawal of Candidacy.
(1) The Division of Elections, Room 316, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250 is hereby designated on behalf of the Department of State as the filing or qualifying office, that is, the official address and the location for candidates seeking to qualify for nomination or election to any federal, state, legislative, multicounty or judicial office with the exception of county court judge. Candidates for the office of county court judge shall qualify with the supervisor of elections for that county.
(2) All qualifying papers material required to be filed with the Department of State as the office where the candidate is required to qualify shall be filed with the Division of Elections.
(3)(a) Except as noted herein, any qualifying paper material filed with a qualifying office, whether the Division of Elections or a supervisor of elections, under oath must be an original.
(b) A facsimile, email, photocopy, scanned copy or any type of electronically transmitted document shall not be accepted as a qualifying paper, except a candidate who has filed a current full and public disclosure or statement of financial interests with the Commission on Ethics or the supervisor of elections prior to qualifying for office may file a copy of that disclosure at the time of qualifying. A current full and public disclosure or statement of financial interests is one that covers the immediately preceding calendar or tax year. For example, for a qualifying period that occurs in 2014, the current full and public disclosure or statement of financial interests form would be one that covers the 2013 calendar or tax year.
(4) Qualifying papers Material shall be deemed filed by the qualifying office Division of Elections upon the date of actual receipt by the qualifying office, except for those qualifying papers accepted and held during the 14-day period before the beginning of the qualifying period to be processed and filed during the qualifying period pursuant to Section 99.061(8), F.S Division of Elections. The qualifying papers that are received and intended to be held during the 14-day period before the beginning of the qualifying period shall not be deemed filed until the beginning of the qualifying period.
(5)(a) The following qualifying forms for candidates required by Sections 99.061, 103.022, and 105.031, F.S., are hereby incorporated by reference:
1. DS-DE 9 (Rev.___/10), entitled, “Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates.”
2. DS-DE 24 (Rev.___/10), entitled, “Loyalty Oath Candidate with Party Affiliation.”
3. DS-DE 24A (Rev.___/10), entitled, “Loyalty Oath Write-In Candidate.”
4. DS-DE 24B (Rev.___/10), entitled, “Loyalty Oath Candidate with No Party Affiliation.”
5. DS-DE 25 (Rev.___/10), entitled, “Loyalty Oath Nonpartisan Office.”
6. DS-DE 26 (Rev.___/10), entitled, “Judicial Office Loyalty Oath.”
7. DS-DE 26A (Rev.___/10), entitled, “Judicial Office Loyalty Oath Write-In Candidate.”
8. DS-DE 27 (Rev.___/10), entitled “Federal Candidate Oath Candidate with Party Affiliation.”
9. DS-DE 27A (Rev.___/10), entitled “Federal Candidate Oath Write-In Candidate.”
10. DS-DE 27B (Rev.___/10), entitled “Federal Candidate Oath Candidate with No Party Affiliation.”
11. DS-DE 85 (Rev.___/10), entitled, “Oath of Candidate Write-In for President and Vice President.”
(b) The forms in subparagraph (a) are 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’s webpage at: http://election.dos.state.fl.us/forms/index.shtml.
(6) A candidate may withdraw his or her candidacy by submitting a document specifying the candidate’s withdrawal from the particular public office he or she seeks to the qualifying office before which he or she qualifies (or has qualified) by mail, facsimile, email, photocopy, scanned copy or other type of electronic transmission that contains the signature of the candidate. The withdrawal is not effective until it is received by the qualifying office.
(7) Qualifying papers filed by a candidate with the qualifying office before the effective date of this rule that satisfy the requirements of applicable qualifying statutes, but which are not on the prescribed forms incorporated by reference in this rule, remain valid as qualifying papers after the effective date of the rule.
Rulemaking Specific Authority 20.05(1)(e), 20.10(3), 97.012(1), 99.061(10), 103.022 FS. Law Implemented 20.05(1)(b), (5), 99.061, 99.095, 103.022, 105.031(1), 105.035 FS. History–New 12-6-84, Formerly 1C-7.001, 1C-7.0001, Amended 2-13-90,________.