8837784, 1SER10-3 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8837784

Notice of Emergency Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Overview

RULE:

1SER10-3

Polling Place Procedures Manual

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, the Governor signed House Bill 131 signed into law and became effective immediately. See Chapter 2010-167, Laws of Florida. Section 4 of the bill amended Section 101.111, Florida Statutes. Specifically, section 4 carved out an exception to voter challenges whereby a voter who has been challenged on the basis of his or her legal residential address still has an opportunity to vote a regular ballot in lieu of a provisional ballot. The poll worker must first give the challenged voter the opportunity to update his or her legal residential address. Then if the voter is in the proper precinct corresponding to the updated address, or directed to the proper precinct, the voter may then vote a regular ballot in lieu of a provisional ballot. Otherwise, the challenged voter will be allowed to vote a provisional ballot. Although the Division of Elections anticipated the passage of HB 131 and incorporated this particular provision as part of the proposed revision for DS-DE #11, Polling Place Procedures Manual, which is incorporated by reference in Rule 1S-2.034, F.A.C., the Division could not move to finalize the proposed rule until the bill became law. Consequently, the effective date of the law fell between the date of the notice of proposed rule on May 21, 2010, and the date of the public hearing on June 22, 2010.
The emergency rule contains the same language as the proposed revisions for Rule 1S-2.034, F.A.C. Since this polling place procedures manual is an essential tool used by poll workers at the polls during the early voting period and on Election Day to conduct procedures, the emergency rule is needed to ensure that the Supervisors of Electionsâ€™ are able to make this manual available in a timely manner for training and for use during early voting and on Election Day for the Primary Election, and to ensure that poll workers comply uniformly, consistently and timely with the requirements of the new law and other revised procedures relating to voter intake, the handling of overvoted ballots, and persons with disabilities.

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 the upcoming Primary Election in August 2010. In the interim, the provisions of this emergency rule will ensure that poll workers and election officials all follow the same procedures as applied to voters. The Department of State will work to complete rulemaking on Rule 1S-2.043, F.A.C., to incorporate the text of the emergency rule permanently.

SUMMARY:

This emergency rule is necessary to ensure that Supervisors of Elections and poll workers all apply procedures at the polling place uniformly, consistently and timely and to ensure that all voters are treated equitably and fairly and able to vote.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Donald Palmer, Director, Division of Elections, Florida Department of State, R. A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399, (850)245-6200, or Maria Matthews, Assistant General Counsel, Office of General Counsel, Florida Department of State, (850)245-6536, mimatthews@dos.state.fl.us

PRINT PUBLISH DATE:

7/9/2010 Vol. 36/27

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=1SER10-3&PDate=7/9/2010&Section=4

REFERENCE MATERIALS:

No reference(s).

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