Absentee Ballots for Overseas (Uniformed Services and Civilian) Voters

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.030Absentee Ballots for Overseas (Uniformed Services and Civilian) Voters

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 245, December 19, 2013 issue of the Florida Administrative Register.

 

1S-2.030 Absentee Ballots for Absent Stateside Uniformed Services and Overseas (Uniformed Services and Civilian) Voters.

(1) Application. This rule applies solely to the request, delivery and return of absentee ballots for uniformed services voters who are absent stateside and overseas voters as defined in Section 97.021, F.S. Absent stateside uniformed services voters are those absent uniformed services voters as defined in Section 97.021, F.S., who are absent but are not overseas from the place of residence where the voter is otherwise qualified to vote.

(2) Requests. A request for an absentee ballot shall be submitted in accordance with Section 101.62(1), F.S., which may be by phone or in writing (such as mail, fax, e-mail or online). In addition to the information required by Section 101.62(1), F.S., the request for an absentee ballot must also include the following information:

(a) The voter’s requested method of delivery for the blank absentee ballot (by mail or electronic means such as fax, e-mail or online).

(b) The corresponding destination, whichever is applicable, to either mail, transmit the blank ballot or communicate how to access the blank ballot electronically by some other means:

1. For mail delivery: An applicable out-of-county mailing address or an APO/FPO or other deliverable overseas mailing address,.

2. For fax delivery: A fax machine number and an applicable out-of-county address or overseas out-of-country address (only for purposes of affirming absence from the county or the United States), or affirmation of overseas location.

3. For email or online delivery: An e-mail address and an applicable out-of-county address or overseas out-of-country address (only for purposes of affirming absence from the county or the United States), or affirmation of overseas location.

(3) Processing requests. When a supervisor receives an absentee ballot request from an absent stateside uniformed services voter or overseas voter, the supervisor shall:

(a) Verify the information provided to determine if the voter is a qualified and registered voter for the election.

(b) Provide, in accordance with the timeframes in Section 101.62, F.S., the appropriate absentee ballot, the instructions for voting and returning the ballot, and the Voter’s Certificate by the means requested by the voter in subsection (2).

(c) Record the receipt date of the request, the date and manner in which the absentee Supervisor of Elections made the absentee ballot was made available to the voter, and the corresponding delivery destination or manner mailing address, email address, fax number or other delivery destination to which the blank ballot was provided to the voter.

(d) Ensure that the Supervisor of Elections’ office’s transmitting and receiving equipment is in a secure location with access limited to the supervisor’s employees and that the absentee ballot is sent directly to the specified delivery destination requested by the voter. It is the voter’s responsibility to ensure the security of the receiving equipment (e.g., facsimile machine, or computer, or receiving unit).

(4) Return of Voted Absentee Ballot.

(a) An overseas voter has the option to return the voted ballot and signed certificate by mail, by fax, in person (if he or she returns to county of residence) or through someone else on behalf of the voter pursuant to the ballot instructions in subsection (7). If the overseas voter returns the ballot by fax, the ballot and Voter’s Certificate must be sent directly to the fax number provided by the Ssupervisor of Eelections or to a fax number provided by Federal Voting Assistance Program of the Department of Defense.

(b) An absent stateside uniformed services voter may return the voted ballot and signed Voter’s Certificate only by mail, in person (if he or she returns to the county of residence), or have it returned in person by someone else pursuant to the ballot instructions in subsection (7).

(c) No voted absentee ballot returned by email shall be counted. A voted ballot by fax from an absent stateside uniformed voter shall not be counted.

(5) Deadline to Return Absentee Ballot.

(a) To be accepted and counted, a voted absentee ballot from an absent stateside uniformed services voter must be received by the Ssupervisor of Elections no later than 7:00 p.m. election day in the time zone for the county in which the voter is registered.

(b) For Ooverseas voters only casting ballots in a presidential preference primary or and general elections, are allowed a 10-day extension exists. The ballot must be postmarked or dated no later than election day and received by the Ssupervisor of Eelections of the county in which the voter is registered no later than 10 days after election day.

(6) Voter’s Certificate. The Voter’s Certificate for absentee ballots to all absent stateside uniformed services and overseas voters shall be substantially as follows:

Note: Please Read Instructions Carefully Before Marking Ballot and Completing Voter’s Certificate.

VOTER’S CERTIFICATE

I, ______________________, swear or affirm, under penalty of perjury, that I am:

Print Name

1. A member of the Uniformed Services or Merchant Marine on active duty; or an eligible spouse or dependent of such a member; or a U.S. citizen temporarily residing outside the U.S.; or other U.S. citizen residing outside the U.S.; and

2. I am a U.S. citizen, at least 18 years of age (or will be by the date of the election), and I am eligible to vote in the requested jurisdiction; and

3. I have not been convicted of a felony or other disqualifying offense or been adjudicated mentally incompetent, or if so, my voting rights have been reinstated; and

4. I am not registering, requesting a ballot, or voting in any other jurisdiction in the U.S.

In voting, I have marked and sealed my ballot in private and have not allowed any person to observe the marking of the ballot, except for those authorized to assist voters under State or Federal law. I have not been influenced.

My signature and date below indicate when I completed this document.

The information on this form is true and complete to the best of my knowledge.

I understand that a material misstatement of fact in completion of this document may constitute grounds for a conviction for perjury.

Signed: _____________________________Date: ________________

(7) Ballot Instructions. The instructions to be sent with the absentee ballot to all absent stateside uniformed services and overseas voters shall substantially contain the following statements:

 

INSTRUCTIONS

READ THESE INSTRUCTIONS CAREFULLY

BEFORE MARKING BALLOT

VERY IMPORTANT

(a) In order to ensure that your absentee ballot will be counted, complete, sign, date and return the ballot and Voter’s Certificate as soon as possible to the Ssupervisor of Eelections of the county in which you are registered. Overseas voter only: It must be received no later than 7:00 p.m. on election day in the time zone for the county in which you are registered. If you are an overseas voter casting a ballot in a presidential preference primary or general election, an 10-day extension applies, provided your absentee ballot is postmarked or dated no later than election day and received no later than 10 days after the election by the Ssupervisor of Eelections of the county in which you are registered to vote no later than 10 days after election.

(b) Mark your ballot in secret as instructed on the ballot. You must mark your own ballot unless you are unable to do so because of blindness, disability, or inability to read or write.

(c) Mark only the number of candidate or issue choices for a race as indicated on the ballot. If you are allowed to “Vote for One” candidate and you vote for more than one candidate, your vote in that race will not be counted.

(d) Sign and date the Voter’s Certificate. If you do not sign or date the Certificate, your ballot may not count. If your signature on the Voter’s Certificate does not match your signature on record, your ballot will not count. If you need to update your signature for this election, you must send your signature update on a voter registration application to your Ssupervisor of Eelections so that it is received before absentee ballots are canvassed which could start as early as 15 days before election day.

(e) Mail, deliver, or have delivered the completed mailing envelope with the voted absentee ballot and the Voter’s Certificate. To mail or have your voted absentee ballot and Voter’s Certificate delivered to the Ssupervisor of Eelections:

1. Place your marked ballot in the secrecy envelope or sleeve provided to you. If the ballot was provided to you other than by mail, use an unmarked envelope as a secrecy envelope. Seal the envelope. Do not seal the Voter’s Certificate in the secrecy envelope or sleeve with the ballot.

2. Insert the secrecy envelope or sleeve or unmarked envelope into a inside the separate mailing envelope or the provided return envelope. and Ccompletely fill out the Voter’s Certificate on the back of that mailing envelope. Or iIf you received the ballot and certificate other than by mail, place the sealed secrecy envelope or sleeve or unmarked envelope and the completed Voter’s Certificate in a separate mailing envelope. Clearly mark the mailing envelope “Absentee Ballot Enclosed”.

3. Mail the ballot to the Ssupervisor of Eelections. If using your own envelope: To mail your ballot free of postage, use the template and printing instructions provided at the following link: http://www.fvap.gov/eo/overview/materials/forms http://www.fvap.gov/resources/media/returnenvelope.pdf. Print directly onto the mailing envelope or otherwise affix to the mailing envelope. Otherwise, provide sufficient postage. If you are an overseas voter, be sure you include your overseas address on the return envelope.

(f) If you are an overseas voter, you have the option to fax your absentee ballot and Voter’s Certificate. Fax your voted ballot and signed and dated certificate to the Ssupervisor of Eelections at (fax phone number) or to a fax number provided by the Federal Voting Assistance Program (FVAP) of the Department of Defense. If you faxing your ballot and certificate to FVAP, ensure make sure that FVAP has sufficient time to get the ballot and certificate to the Ssupervisor of Eelections by the 7:00 p.m. or 10-day deadline, whichever is applicable. If your fax your voted ballot, you will be voluntarily waiving your right to a secret ballot.

(g) Voted ballots returned by regular electronic mail (email) will not be counted. A voted ballot returned by fax from an absent stateside uniformed services voter will not be counted.

(h) No change.

(8) Processing Returned Absentee Ballots.

(a) For each voted absentee ballot received, tThe Ssupervisor of Elections must record for each voted absentee ballot received the date of receipt and the manner of return.

(b) Upon receipt by mail of a voted absentee ballot in an envelope other than an absentee ballot mailing envelope provided by the supervisor, the canvassing board is authorized to open the mailing envelope to determine if the Voter’s Certificate is enclosed in the mailing envelope. If the Voter’s Certificate is not enclosed, the secrecy envelope containing the ballot shall not be opened and the envelope shall be marked “Rejected as Illegal.” If the Voter’s Certificate is enclosed, the supervisor of elections shall verify the overseas voter’s eligibility, and once verified, the ballot shall be processed as other absentee ballots. tThe Voter’s Certificate shall be reviewed and processed in accordance with Section 101.68, F.S.

(c) No change.

(d) Upon receipt by fax of a voted absentee ballot from an overseas voter, the Ssupervisor of Eelections shall enclose the ballot in an envelope and seal it in order to preserve secrecy. The Voter’s Certificate shall be attached to the envelope, and later reviewed, and processed in accordance with Section 101.68, F.S. Upon a determination by the canvassing board that the voter was eligible to vote, the ballot shall be removed from the envelope and duplicated so that it can be processed through the tabulating equipment.

(9) Confidentiality. The Ssupervisor of Eelections and the supervisor’s staff shall take the steps necessary to keep the voted absentee ballots received by fax as confidential as possible.

Rulemaking Authority 20.10(3), 97.012(1), 101.697 FS. Law Implemented 101.62, 101.64, 101.65, 101.6923, 101.697 FS. History–New 5-27-02, Amended 11-26-03, 9-13-04. 9-6-07, 7-1-12,___________.