9988883, 1SER11-01 - Florida Administrative Rules, Law, Code, Register

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Notice: 9988883

Notice of Emergency Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Overview

RULE:

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and supervisors of elections to account for an organization’s voter registration applications, and removes now outdated language from existing Rule 1S-2.042, F.A.C. The emergency rule will provide third-party voter registration organizations and supervisors of elections the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

PRINT PUBLISH DATE:

6/3/2011 Vol. 37/22

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=1SER11-01&PDate=6/3/2011&Section=4

REFERENCE MATERIALS:

No reference(s).

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