1SER11-01: Third-Party Voter Registration Organization
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 19, 2011, House Bill 1355 was signed into law and became effective immediately. While regular rulemaking will soon occur for Rule 1S-2.042, F.A.C., this emergency rule is necessary to implement the law in a timely manner and ensure uniformity across the state in the procedures for voter registration applications provided to and received from third-party voter registrations organizations. The law amended the requirements for the registration of third-party voter registrations organizations; instituted new requirements for an accounting of voter registrations forms provided to and received from third-party voter registrations organizations; deleted quarterly reports by the organizations; and revised the enforcement provisions for violations of the statute. The emergency rule implements the statutory requirement for registration in an electronic format, adopts forms for use by organizations and supervisors of elections to account for an organization’s voter registration applications, and removes now outdated language from existing Rule 1S-2.042, F.A.C. The emergency rule will provide third-party voter registration organizations and supervisors of elections the direction they need until Rule 1S-2.042, F.A.C., can complete its normal rulemaking cycle.
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 ongoing registration activities conducted by third-party voter registrations organizations. In the interim, the provisions of this emergency rule will ensure that organizations and supervisors of elections will be able to comply with the requirements of law. The Department of State will soon file a notice of proposed rule development for Rule 1S-2.042, F.A.C., with the intent to incorporate the text of this emergency rule permanently.
SUMMARY: This emergency rule implements the statutory requirement for registration in an electronic format, adopts forms for use by organizations and supervisors of elections to account for an organization’s voter registration applications, and removes now outdated language from existing Rule 1S-2.042, F.A.C. The emergency rule is necessary to ensure that third-party voter registration organizations and supervisors of elections are able to comply with a law that became effective on the Governor signing it into law.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Gary J. Holland, Assistant General Counsel, Florida Department of State, 500 S. Bronough Street, Tallahassee, Florida 32399, gjholland@dos.state.fl.us, (850)245-6536
THE FULL TEXT OF THE EMERGENCY RULE IS:
1SER11-01 (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,
(a) Form DS-DE 119 (eff. 05/2011 05/2010), entitled “Third-Party Voter Registration Organization Registration Form.”
(b) Form DS-DE 120 (eff. 05/2011 05/2010), entitled “Quarterly Report Form for Organized Voter Registration Drives by Third-Party Voter Registration Organization Registration Agent’s Sworn Statement.”
(c) Form DS-DE 121 (eff. 05/2010), entitled “Form for Complaint Against Third-Party Voter Registration Organization.”
(d) Form DS-DE 123 (eff. 05/2011), entitled “Third-Party Voter Registration Organization’s Accounting of Voter Registration Applications,”
(e) Form DS-DE 124 (eff. 05/2011), entitled “Supervisor of Elections’ Accounting of Third-Party Voter Registration Organization’s Voter Registration Applications.”
(2) Definitions. For purposes of Section 97.0575, F.S., the following definitions apply:
(a) “Affiliate organization” of a third-party voter registration organization means any person, as defined in Section 1.01(3), F.S., that is associated with the third-party voter registration organization as a subordinate, subsidiary, member, branch, chapter, as a central or parent organization, or through direct or indirect ownership or control. Ownership or control means substantial and effective, though not necessarily predominant, ownership or control.
(b) “Force majeure” means any event or occurrence of societal significance beyond the reasonable control and without the fault of the third-party voter registration organization which could not have been prevented, avoided, or overcome by the exercise of reasonable care, diligence, or foresight of the third-party voter registration organization, including, but not limited to, civil disturbances or acts of war; extraordinarily severe weather, such as hurricanes, floods, or tornadoes; or shortages of food, electric power, or fuel.
(c) “Impossibility of performance” means an actual impossibility or impracticability of compliance as the result of a condition or circumstance which the third-party voter registration organization did not create and could not reasonably have anticipated.
(d) “Registration agent” means any individual who is employed by or volunteers for a third-party voter registration organization and who solicits or collects voter registration applications from “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.
(3) Registration.
(a) A third-party voter registration organization (hereinafter “organization”) shall complete and file Form DS-DE 119 with the Division by submitting the form as an attachment in pdf format in an email to 3PVRO@dos.state.fl.us or transmitting the form to the Division’s facsimile machine at (850)245-6291 before engaging in prior to conducting any voter registration activities. A third-party voter registration organization shall also use Form DS-DE 119 to update or withdraw its registration and submit it in the required manner of transmission as the original Form DS-DE 119.
(b) Upon the organization’s initial and complete registration, the Division shall provide the organization its third-party voter registration organization identification number, which number shall begin with “3P.” An organization is not deemed registered as a third-party voter registration organization until the Division issues the organization its identification number.
(c) An organization shall submit any change in information previously submitted to the Division within 5 days following the change by submitting the change on an amended Form DS-DE 119 in the required manner of transmission as the original Form DS-DE 119. A change is not considered filed until the Division receives the change.
(d) After receiving its third-party voter registration organization identification number and before a registration agent may solicit or collect voter registrations applications on its behalf, the organization shall have the registration agent complete and submit Form DS-DE 120 to the Division as an attachment in pdf format included in an email to 3PVRO@dos.state.fl.us or transmitting the form to the Division’s facsimile machine at (850)245-6291.
(4) Voter Registration Applications Provided to Third-Party Voter Registration Organizations. Voter Registration Drive Quarterly Report. A third-party voter registration organization shall use Form DS-DE 120 to file quarterly reports with the Division as required by Section 97.0575(1), F.S. 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.
(a) Voter registration applications provided by the Division and each supervisor of elections to an organization shall include the third-party voter registration organization identification number in the “Official Use Only” space on the statewide voter registration application, Form DS-DE 39, incorporated by reference in Rule 1S-2.040, F.A.C.
(b) The registration agent or the organization shall print the date and time that the voter registration applicant completed the application in a conspicuous space on the front side of any voter registration application it collects from a voter registration applicant in a manner that does not obscure any of the applicant’s entries. The date and time printed by the registration agent or the organization shall be in the following format: mo/dy/yr; ##:##a (or p) with the month being printed in numerical format. For example, if the voter registration applicant completed the application on
(c) Each organization shall ensure that its third-party voter registration organization identification number is recorded in the “Official Use Only” space on Form DS-DE 39 or in another conspicuous space on any voter registration application it submits to the Division or a supervisor of elections.
(d) Each organization is responsible for accounting for all voter registration applications provided to it by the Division or a supervisor of elections. By the 10th day of each month, the organization shall submit to the Division a Form DS-DE 123 as an attachment in pdf format in an email to 3PVRO@dos.state.fl.us or transmit the form to the Division’s facsimile machine at (850)245-6291 to report its accounting of the number of state and federal voter registration application forms provided to and received from each of its registration agents for the preceding month.
(e) Whenever a registration agent terminates his or her employment from, or volunteer services for, the organization, the organization shall retrieve all state and federal voter registration applications in the possession of the registration agent. The organization shall file notice of the terminated status of the registration agent by amending its DS-DE 119.
(f) If an organization terminates its status as a third-party voter registration organization, it shall return all voter registration applications issued to it by the Division or any supervisor of elections to whomever issued the applications to the organization within 5 days of the termination of its status. The address for the Division is Bureau of Voter Registration Services, Division of Elections,
(g) The Division and supervisors of elections shall record the date and time of each voter registration application they receive from an organization on the front side of the application in a manner that does not obscure any of the applicant’s or organization’s entries.
(h) The Division and supervisors of elections shall record the number of voter registration applications they provide to, and receive from, each organization. Each supervisor of elections shall report by noon, each day to the Division the number of voter registration applications provided to and received from each organization the previous day on Form DS-DE 124, which shall be submitted as an attachment in pdf format in an email to 3PVRO@dos.state.fl.us or transmit the form to the Division’s facsimile machine at (850)245-6291. If the supervisor of elections’ office is closed on the day a report is due, the supervisor shall submit Form DS-DE 124 for the preceding business day on the next business day the office is open. Supervisors of Elections are required to submit Form DS-DE 124 even when no voter registration applications were provided to, and received from, a third-party voter registration organization.
(5) Complaints and Fines.
(a) Any person claiming to have provided a completed voter registration application to 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 121 to file the complaint with the Division.
(b) Any other person may report allegations of elections fraud, which includes irregularities or fraud involving voter registration, by filing a written complaint with the Division using Form DS-DE 34, entitled “Elections Fraud Complaint,” incorporated by reference in Rule 1S-2.025, F.A.C.
(c) Fines. If the Division 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 third-party voter registration organization by personal delivery or certified mail, return receipt requested. A third-party voter registration organization upon which the Division serves an administrative complaint may request a hearing in accordance with Sections 120.569 and 120.57, F.S., and subsection 28-106.2015(5), F.A.C.
Rulemaking Authority 20.10(3), 97.012(1), 97.012(2), 97.012(15), 97.0575(1), (2), (5) (4), (8) FS. Law Implemented 97.012(2), 97.012(15), (37) (36), 97.053, 97.0575 FS. History–New