1S-2.043. Electronic File Reporting Relating to Vote-by-Mail Ballot Request Information and Early Voting Activity

(1) General applicable provisions. This rule establishes file format specifications, timelines and other content requirements for the electronic compilation, transmission and reporting of vote-by-mail ballot request information and early voting activity. The Supervisors of Elections are responsible for ensuring that the files required under this rule are created or converted into a tab-delimited text file and that the files are transmitted successfully and timely to the Division of Elections.

(2) Definitions. For purposes of this rule:

(a) “FVRS” refers to the Florida Voter Registration System.

(b) “Supervisor” refers to the county Supervisor of Elections.

(c) “Division” refers to the Division of Elections.

(d) “Election,” except as otherwise expressly stated, means primary and general elections (held in even-numbered years), presidential preference primary elections, and special elections held pursuant to Section 100.101, F.S. This rule does not apply to municipal, local referendum, or special district elections.

(e) “Standing request” means a vote-by-mail ballot request on file from a voter that serves as a request to receive a vote-by-mail ballot for all elections occurring from the date of the initial request through the end of the calendar year for the next regularly scheduled general election, and for which the supervisor has yet to determine if the voter is eligible to vote a vote-by-mail ballot in the election.

(3) Vote-by-mail ballot request information files.

(a) Compilation. For each election as defined in paragraph (2)(d), the Supervisor shall compile daily an electronic file that contains the most current information and vote-by-mail ballot request status for each eligible voter in the applicable election. The file shall contain all vote-by-mail ballot requests, but only one record per voter. Each day’s file shall be a complete replacement of the previous day’s file as it relates to the vote-by-mail ballot status for each voter who has requested a vote-by-mail ballot for the applicable election (i.e., the latest status of the voter’s vote-by-mail ballot request shall replace an earlier status of the request). The Supervisor shall create a separate file for each election. The file shall be in the format specified in paragraph (c).

(b) File Transmission. The Supervisor shall electronically transmit the vote-by-mail ballot request information file described in paragraph (a) to the Division on a continuous daily basis including weekends no later than 8 a.m., in the time zone of the Supervisor’s office of the day after the day being reported. The daily file shall be transmitted even if there is no new information or activity to report for the applicable election during the required transmission period.

1. For the presidential preference primary election, the first file shall be transmitted 60 days before the election and the last file transmitted on the 15th day after the election.

2. For the primary and general elections, the first file shall be transmitted 60 days before the primary election and the last file transmitted on the 15th day after the general election.

3. For a special election, by operation of Section 100.191, F.S., the first file shall be transmitted 60 days before the special primary or if the order calling for the special election occurs less than 60 days before the special primary, no later than two business days after the Division provides the Supervisor the election identifications for the special primary and special election, and the last file transmitted on the 15th day after the special election.

(c) File specifications.

1. Each file shall be created or converted into a tab-delimited text file.

2. Quotes shall not be used to enclose alphanumeric data.

3. For each registered voter’s record, the address included shall be the mailing address on the voter’s record to which the voter has requested the ballot to be sent.

4. The file shall not contain any information protected from public disclosure under federal or state law including any information protected pursuant to Section 97.0585, F.S., relating to Florida driver license, state identification and/or social security number, Sections 119.071(4)(d)1.-2., F.S., relating to high-risk professionals, and Section 119.071(5), F.S., relating to social security numbers. An * shall be placed in any field within the file where the information is not included due to it being protected from public record disclosure.

5. The Supervisor shall provide the information for each record as specified in Form DS-DE 145 (http://www.flrules.org/Gateway/reference.asp?No=Ref-14393, eff. 06/2022).

6. File names shall adhere to the following convention:

a. Three character county identifier followed by underscore.

b. Followed by three character file type identifier followed by an underscore (‘VBM’ = Vote-by-Mail Request List).

c. Followed by FVRS election ID followed by an underscore.

d. Followed by Date Created (format YYYYMMDD) followed by an underscore.

e. Followed by Time Created (format HHMMSS).

f. Followed by ‘.txt’.

g. Example: LEO_VBM_10217_20140810_001000.txt.

(d) Public access.

1. Any person or entity authorized under Section 101.62, F.S., may access online daily county files of vote-by-mail ballot request information as directly received from the Supervisor and posted on the Division’s website. In order to access this information, a person or entity authorized under Section 101.62, F.S., must first submit an online request application at: https://countyballotfiles.floridados.gov/Account/Register, Form DS-DE 146, Application to Obtain Vote-by-Mail Ballot Request Information (http://www.flrules.org/Gateway/reference.asp?No=Ref-14394), eff. 06/2022.

a. The Division shall then assign a login account. Authorization for access is only valid through the earlier of the end of the general election year in which authorization was initially granted or until the person or entity is no longer statutorily entitled to the information, whichever is applicable.

b. All login accounts for access automatically expire at the end of each general election year and if the person or entity remains eligible and wishes to receive the information for future elections, the person or entity must reapply.

2. An individual voter requesting access to his or her personal vote-by-mail ballot request information must obtain such information directly from the Supervisor of his or her county of residence.

(4) Early voting activity files.

(a) Compilation.

1. Early voting summary file. During each day of the early voting period, the Supervisor shall make available the total number of voters casting a ballot at each early voting location during the previous day.

2. Early voting voters list file. For each election as defined in subsection (2), the Supervisor shall compile and make available an electronic file that contains in accordance with the specifications in paragraph (c), a list of the individual voters who cast a ballot at each early voting location for the election up through the last day being reported.

(b) File transmission. The Supervisor shall transmit to the Division the early voting voters list file in subparagraphs (a)1. and 2., by 8 a.m., if practicable, but no later than 12:00 noon in the time zone of the Supervisor’s office of the day after the day being reported. The files shall be sent daily even if there is no new information or activity to report. The first files shall be sent the day after the early voting period begins and the last files shall be sent the day after the early voting period ends for that respective election in that county.

(c) File specifications.

1. The files shall be created in or converted into a tab-delimited text file format.

2. Alphanumeric data shall not be enclosed in quotes.

3. The files shall not contain any information protected pursuant to an exemption requested under Sections 119.071(4)(d)1.-2., F.S. An * shall be placed in any field within the file where the information is not included due to it being protected from public record disclosure.

4. Information required by statute and any other information for the each record shall be submitted in the format specified in Form DS-DE 147 (eff. 12/13/2015) (https://www.flrules.org/Gateway/reference.asp?No=Ref-06151).

5. File names shall adhere to the following convention:

a. Three character county identifier followed by underscore.

b. Followed by three character file type identifier followed by an underscore (‘EVL’ = Early Voting List).

c. Followed by FVRS election ID followed by an underscore.

d. Followed by Date Created (format YYYYMMDD) followed by an underscore.

f. Followed by Time Created (format HHMMSS).

g. Followed by ‘.txt’.

h. Example: LEO_EVL_10217_20140810_001000.txt.

(d) Public access. The Division shall post the files as received during the requisite reporting period to its public website.

(5) All forms mentioned in this rule are incorporated by reference and are available by contacting the Florida Department of State, Division of Elections, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, [phone], or by access to the Division website.

Rulemaking Authority 20.10(3), 97.012(1), 101.62(3), 101.657(2) FS. Law Implemented 101.62, 101.657 FS. History–New 2-4-10, Amended 10-27-10, 12-13-15, 6-23-22.