8786471, 1SER10-2 - Florida Administrative Rules, Law, Code, Register

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Notice: 8786471

Notice of Emergency Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Overview

RULE:

1SER10-2

Absentee Ballots-Absent Stateside Uniformed Services Members

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. Parts of the bill complemented provisions in the federal Military and Overseas Voting Empowerment Act adopted in October 2009. Both state and federal law contained provisions to facilitate absentee ballot requests and tracking, and to enhance the timely delivery and return of absentee ballots from absent uniformed services members and overseas United States citizens. Specially, the law now expressly allows uniformed services members who are absent stateside due to military duty or assignment to be able to receive an absentee ballot via e-mail or fax. Unlike their overseas colleagues, they have no other option but to return their ballot by mail or have it delivered. In light of the MOVE Act and in anticipation of successful state legislation, the Department of State initiated rulemaking in April 2010. Proposed Rule 1S-2.049, F.A.C., provides the processes for absentee ballot requests, and for delivery and return of such ballot from a uniformed services member or spouse or dependent thereof who is absent from county of residence due to the military duty or assignment. The emergency rule ensures that the Supervisors of Elections all use the same procedures, same format, and same instructions. Moreover, the Supervisors of Elections are required by federal and state law to send out absentee ballots to absent uniformed services members and overseas U.S. no later than 45 days before the primary. However, they additionally need time to send instructions and ballots to the printer beforehand and to develop or redevelop any online absentee ballot request processes to reflect required information. Until proposed Rule 1S-2.049, F.A.C., completes its rulemaking cycle, this emergency rule (which is based upon the same exact language as is in Rule 1S-2.049, F.A.C.) will provide the Supervisors the direction they need.

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 will be able to comply with the requirements of law and receive the rights they are due as relates to absentee ballot voting. The Department of State will be filing a notice of proposed rule and scheduling Rule 1S-2.049, F.A.C., for public hearing to incorporate the text of the emergency rule permanently.

SUMMARY:

This emergency rule is necessary to ensure that Supervisors of Elections are able to provide uniform procedures and send absentee ballots as is permitted under law to absent stateside uniformed services members.

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

PRINT PUBLISH DATE:

6/25/2010 Vol. 36/25

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=1SER10-2&PDate=6/25/2010&Section=4

REFERENCE MATERIALS:

No reference(s).

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