RULE NO.:RULE TITLE:
1S-2.051Federal Write-In Absentee Ballot
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. 171, September 3, 2013 issue of the Florida Administrative Register.
(1) Application. The standards in this rule apply to determine whether the voter has clearly indicated a definite choice for purposes of counting during a recount a vote cast on a Federal Write-in Absentee Ballot, issued by the Federal Voting Assistance Program (FVAP), and available by download from the FVAP’s webpage at: http://www.fvap.gov/reference/forms.html. Standard Form 186 (Rev. 08-2013), incorporated by reference, http://election.dos.state.fl.us/pdf/FWABwithOMBFinal.pdf, and available from the Division of Elections, R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at (850)245-6200, or by download from the Division’s webpage at: http://election.dos.state.fl.us/forms/index.shtml.
(2) Use. Section 101.6952(2), F.S., governs who may use and when a federal write-in absentee ballot may be used in an election and by whom it may be used.
(3) Manual review and tabulation. Subject to Section 102.166(4)(b) and (c), F.S., a vote shall not count for any particular candidate, unless when it is determined to be a valid vote pursuant to this rule.
(4) Standards. The following standards supplement the applicable standards already set out in Section 101.6952(2)(b)-(e), F.S, for determining when whether there is a clear indication that the voter has made a definite choice, in a particular race and when the valid vote shall be counted: whether the vote shall be counted, and for whom or what issue. The canvassing board shall first look at the entire ballot for consistency to make the determination.
(a) Unless the consistency of the ballot clearly indicates otherwise, the following standards apply and will constitute clear indications of a definite choice for which the vote shall count: For state and local office election races, the voter must write in the non-federal designated part of the ballot. If the voter writes under the column “Office/Ballot Initiative,” the title of the applicable state or local candidate’s office and under the column marked “Candidate Name, Party Affiliation, or Initiative Vote,” the candidate’s name or party affiliation, the voter has made a definite choice. If the voter designates the candidate name or party in the box that is directly opposite of the office designated by the voter, the vote shall be counted. Otherwise, the vote shall not be counted.
1. If the voter writes the candidate’s local or state office under the column “Office/Ballot Initiative,” and in close proximity either on the same line, directly below or above the line, or on the line directly opposite in the next column, the voter writes a qualified candidate’s name or party, the vote shall count for the qualified candidate regardless of party affiliation, or for the qualified candidate associated with the party written, whichever is applicable.
2. If the voter writes the qualified candidate’s first or last name and no other qualified candidate in the race or on the ballot has the same or similar first or last name, the vote shall count for that qualified candidate regardless of proper or improper office designation.
3. If the voter uses symbols, marks, or words, such as “same” or “ditto,” or arrows, or quotation marks to indicate the same political party for all offices voted, the vote shall count for each qualified candidate of that political party, except in those races in which more than one candidate of the same political party may properly be nominated or in which two or more candidates may properly be elected.
4. If the voter fails to include any district or other numbered designation associated with the office but designates the correct office name, the vote shall count for that office.
5. If the voter writes a candidate’s partial or full name, but incorrectly writes the political party, the vote shall count for that candidate.
(b) Unless the consistency of the ballot clearly indicates otherwise, the following standards apply and will constitute instances where clear indications of a definite choice cannot be determined and for which the vote shall not count: When no other candidate in the race has the same or a similar name, the last name of a candidate shall be sufficient for determining a definite choice.
1. If the voter writes a candidate’s first or last name, or both, but incorrectly designates the office for which the candidate has qualified.
2. If the voter writes in a candidate’s name that is not on the official primary ballot of any political party.
3. If the voter designates a qualified candidate’s partial or full name that is the same or similar to an opposing candidate’s partial or full name in the same race without some additional mark or wording to indicate clearly that the voter has made a definite choice. (Such additional marks or wording may consist of a candidate’s nickname, first name and first initial, middle name(s) and middle initial(s), other commonly known name or names, generational suffix, or professional title such as doctor, professor, counselor or judge).
(c) Unless the consistency of the ballot or the writing of the candidate’s or political party’s name clearly indicates otherwise (e.g., the voter writes the first and last name of the candidate or the full name of the political party on the ballot), the following standards apply when the abbreviation, initials, or name of a candidate is the same as the abbreviation or name of a political party: If the voter uses marks, symbols, or language, such as arrows, quotation marks, or the word “same” or “ditto,” to indicate the same political party for all offices voted, the mark, symbol or language shall constitute a clear indication of a definite choice and the vote shall count.
1. If the political party does not have a candidate in the applicable race, the vote shall count for the candidate.
2. If the political party has only one candidate in the applicable race and the candidate is a member of the political party whose abbreviation or name is the same as the candidate, the vote shall count for the candidate.
3. If the political party has more than one candidate on the ballot, the vote shall not count for either the candidate or the party.
(d) If the voter writes in or otherwise indicates more choices than there are positions or choices for that office, it shall be considered an overvote and none of the designations by the voter are valid for that race. Failure to properly list the district or other numbered designation associated with the state or local office candidate’s name does not invalidate an otherwise valid vote.
(e) If a candidate’s last name or initials are the same as a political party’s name or party abbreviated party code, the vote shall count for the candidate and not the political party, regardless of whether the candidate belongs to that party or the party has another candidate in the race. However, in order to count, the voter must designate the candidate’s office and first and last names properly. If under this scenario, the voter only designates the candidate’s last name, the vote shall not be counted.
(f) If the voter writes a candidate’s first or last name, but does not designate or incorrectly designates the office for which the candidate has qualified, no definite choice can be determined and the vote shall not be counted.
(g) If the voter writes in both a qualified candidate’s name and an incorrect political party for that candidate, no definite choice can be determined and the vote shall not be counted, regardless of whether there is an opposing candidate in the race.
(h) The designation of a candidate’s first or last name when an opposing candidate has the same or similar name in the same office contest shall not constitute a clear indication of a definite choice, unless the voter has made additional marks demonstrating a clear indication of a definite choice. Such additional marks may be a nickname, another commonly known name by which the candidate is called, a generational suffix, or title associated with the candidate (e.g., doctor, professor, counselor, judge, etc.) In a general election, if the voter has also marked the candidate’s party affiliation, this shall constitute a voter’s definite choice and the vote shall be counted.
(i) If the voter writes in a candidate’s name that is not on the official primary ballot of any political party, the vote cast shall not count.
(j) If unable to otherwise determine whether a voter has clearly indicated a definite choice, the canvassing board shall consider the entire ballot page for consistency in making such determination.
(5) Overvotes. Except as otherwise provided herein, if the voter writes in or otherwise indicates more choices than there are positions or choices for that office, it shall be considered an overvote and none of the designations by the voter are valid for that race.
Rulemaking Authority 20.10(3), 97.012, 102.166(4)(b) FS. Law Implemented 101.6952, 102.166(4)(c) FS. History–New ___________.
