The updates are needed to conform the rule and the affidavit to changes in law including chapter 2023-120, Laws of Florida which streamlined and enhanced the vote-by-mail ballot request and delivery process including requirements ....

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.052Election Day Delivery of Vote-by-Mail Ballot

PURPOSE AND EFFECT: The updates are needed to conform the rule and the affidavit to changes in law including chapter 2023-120, Laws of Florida which streamlined and enhanced the vote-by-mail ballot request and delivery process including requirements for delivery of vote-by-mail ballots after the scheduled send-out for ballots based on requests already on file for an upcoming election.

SUMMARY: The rule updates the affidavit to conform to changes in law.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based on this information, the department determined there will be no adverse impact to small businesses and the potential regulatory costs of the proposed rule chapter does not exceed any of the criteria established in Section 120.541(2)(a), F.S. Additionally, no interested party submitted additional information regarding the economic impact.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Upon completion of a checklist, it was determined that this rule amendment will not have a direct or indirect adverse impact on small businesses.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 20.10, 97.012(1)-(2), 101.62(3), FS

LAW IMPLEMENTED: 101.62, FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Tuesday, February 20, 2024, 11:00 a.m.

PLACE: Heritage Hall (Department of State Auditorium), R.A. Gray Building, 500 S. Bronough St., Tallahassee, FL 32399

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Jenna McLanahan at [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Genevieve McNalis at [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1S-2.052 Election Day Delivery of Vote-by-Mail Ballot

(1)(a) Requirements for affidavit. The Department of Sstate is required to adopt a rule that prescribes an affidavit that must be used before for delivery of a vote-by-mail ballot once vote-by-mail ballots have been sent pursuant to Section 101.62(3)(a), F.S. 

(b) Form. Form DS-DE 162 (effective 2024), entitled “Affidavit for Delivery of Vote-by-Mail Ballot” is hereby incorporated by reference and available at: (DOS Link). The form is also available by download from the Division of Elections’ webpage under the link for Forms at: https://www.dos.fl.gov/election, or by contact at 850-245-6200, or the R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250.

(2) Delivery. A vote-by-mail ballot can be provided upon request, subject to execution of Form DS-DE 162, once vote-by-mail ballots have been sent pursuant to Section 101.62(3), F.S., under each of the following circumstances. Form DS-DE 136 (effective 1/2014), entitled “Election Day Vote-by-Mail Ballot Delivery Affidavit,” is hereby incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-03509. The form is also available R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at [phone], or by download from the Division of Elections’ rules webpage at: http://election.dos.state.fl.us/index.html.

(a) To voter’s designee pursuant to Section 101.62(3)(d)4, F.S., on behalf on a voter.

(b) To a voter or a voter’s designee during the mandatory early voting period and up to 7 p.m. on Election Day due to an emergency, to the extent that the voter will be unable to go to a designated early voting site in his or her county or to his or her assigned polling place on election day, as set forth Section 101.62(3)(d)5, F.S.

(3) Additional requirements. The voter or the voter’s designee shall execute Form DS-DE 136 before a vote-by-mail ballot may be delivered on the day of an election. Form DS-DE 136 is not required for supervised voting under Section 101.655, F.S.

(a) A vote-by-mail ballot request must already be on file and/or submitted in accordance with Section 101.62(1), F.S. contemporaneously with the request for delivery.

(b) An affidavit is not required for a ballot to be delivered to the voter except as provided in paragraph (b) of subsection (2).

(c) The voter or designee, as is applicable, must provide a photo identification for personal delivery.

(4) Special provisions.

(a) A designee may serve as a designee for a voter with a disability other than his or her immediate family member and two other voters.

(b) Form DS-DE 162 is not required for supervised voting under section 101.655, F.S.

Rulemaking Authority 20.10(3), 97.012(1), 101.62(4) FS. Law Implemented 101.62 FS. History‒New 1-1-14, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Maria Matthews

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cord Byrd

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 18, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 29, 2024