The purpose of these amendments are to update the procedures that counties and municipalities must follow in order to respond to emergency elections situations, cut redundancy, and remove references to terms that are outdated.

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-9.005Comprehensive Emergency Suspension of Election Plan

PURPOSE AND EFFECT: The purpose of these amendments are to update the procedures that counties and municipalities must follow in order to respond to emergency elections situations, cut redundancy, and remove references to terms that are outdated.

SUBJECT AREA TO BE ADDRESSED: Elections emergency contingency plan

RULEMAKING AUTHORITY: 101.733(3), FS.

LAW IMPLEMENTED: 101.733, 101.5612, FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: November 8, 2017: 3:00 p.m.

PLACE: Room 307, R.A. Gray Building, 500 S. Bronough Street, Florida Department of State, Tallahassee, Florida 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 5 days before the workshop/meeting by contacting: Ashley Black, Department of State, [phone], [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Gary Holland, Assistant General Counsel, at [e-mail] or [phone].

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

1S-9.005 Comprehensive Emergency Suspension of Election Plan.

(1) Notice of suspended or delayed election Notification. (a) After a regularly scheduled election including special an election has been suspended or delayed pursuant to Section 101.733, F.S., the supervisor of elections from an affected county or the municipal clerk from an affected municipality must provide public notice ensure that the public receives prompt notification of the suspension or delay of an election. The notice (b) Such notification must be through public service announcements in the print,  and electronic media, and any other means available.

(2) Conduct of rescheduled election.

(a) As soon as possible after a suspended or delayed election has been rescheduled an election has been suspended or delayed, the supervisor of elections from an affected county or the municipal clerk from an affected municipality shall coordinate with the members of the governing body holding the rescheduled election for the orderly conduct of such election, where applicable.

(b) If the suspended or delayed election involves a countywide, multicounty, or statewide election, each supervisor of elections from the affected area shall provide as soon thereafter as possible the following information to the Division of Elections to faciliate coordination and assistance as needed:

1. Contact information for Continuity of Operations Plan (COOP) using Form DS-DE XXX, entitled “COOP Contact Information Form,” (Rev. XX/XX) which is hereby incorporated by reference. This form is available by request from the Division at Room 316, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contacting the Division at [phone], or by download from the Division’s webpage at: http://dos.myflorida.com/elections/forms-publications/forms/.

2. Any changes to early voting locations, days and hours as reported pursuant to Section 101.657, F.S.

3. Any changes to the number of precincts and/or polling places pursuant to Section 101.71, F.S..

4. Any loss, destruction, or unavailability of voting equipment, precinct registrars, poll workers and ballots.

5. Whether the county has established or will establish temporary vote-by-mail sites pursuant to subsection (5) and if so, how many.

6. A copy of the designation of the Supervisor of Elections’ Office Emergency Interim Successors designated pursuant to Section 22.06, F.S.

(3) Polling places. The supervisor of elections from an affected county or the municipal clerk from an affected municipality shall:

(a) Iidentify the number of previously established polling places sites that are functional; the number of previously established polling places sites that can be repaired or restored to functionality and safety; and the number of previously established polling places sites that have been destroyed or cannot otherwise be repaired, restored, or safely used.

(b) A supervisor of elections from an affected county or the municipal clerk from an affected municipality must, in coordination with federal, state, and local emergency management agency officials, Ddetermine the safety and ability to use utilize existing polling places sites and the need and availability of alternate new polling places sites.

1. Such determination and efforts to establish new temporary polling places shall be made in coordination

(c) When the supervisor of elections from an affected county or the municipal clerk from an affected municipality determines that new polling sites are required as a result of an emergency, new polling sites shall be established by the supervisor.

(d) The supervisor of elections from an affected county or the municipal clerk from an affected municipality should coordinate efforts with federal, state, and local emergency management agencies as needed to permit the orderly establishment of new polling sites.

2. Only the Supervisor of elections is authorized to establish new temporary polling places sites.

3.(e) Tents or other temporary structures may be utilized as new temporary polling places sites. and staffed by any elector in the state. The supervisor of elections from an affected county or the municipal clerk from an affected municipality will appoint all poll workers for purposes of this provision.

(c)(f) Coordinate with the county and city law enforcement and the National Guard in an effort to provide:

1. Security for existing polling places, including securing salvageable voting equipment, precint registers (electronic or paper) and other election materials from destroyed or damaged polling places to prevent them from further damage and looting and providing security for voting equipment, precinct registers and election materials at existing, destroyed, and newly established temporary polling places.

2. Where possible, adequate lighting must be provided at all polling places sites.

(g) The suspended or delayed election must be rescheduled by the Governor, upon consultation with the Secretary of State, to be held within 10 days after the date of the suspended or delayed election or as soon as practicable.

(h) The orderly conduct of a rescheduled election by the supervisor of elections from an affected county or the municipal clerk from an affected municipality must be coordinated with the members of the governing body holding the election, where applicable.

(4) Poll workers. The supervisor of elections from an affected county or the municipal clerk from an affected municipality shall:

(a) Appoint poll workers as needed.

(b) Determine the appropriate credential for identifying poll workers who will assist in the rescheduled election process:

1. Any credentialing shall be done with the support and technical assistance of the local emergency management agency as appropriate in both pre- and post-emergency situation.

2. Any qualified registered elector in the State of Florida may be recruited, trained and serve as a poll worker in the county or municipality for such purpose if there is a shortage of poll workers able to serve in the respective jurisdiction.

(i) The supervisor of elections from an affected county or the municipal clerk from an affected municipality may recruit and train as poll workers for a rescheduled election any elector in the State of Florida.

3.(j) The supervisor of elections from an affected county must train all poll workers except where municipal clerks from affected municipalities are authorized to train poll workers pursuant to municipal charter or municipal ordinance.

(k) The supervisor of elections from an affected county or the municipal clerk from an affected municipality will determine the appropriate credential for identifying poll workers who will assist in the rescheduled election process, with the local emergency management agency providing support and technical assistance as appropriate in both a pre- and post-disaster situation.

(5)(3) Vote-by-mail ballots. (a) The supervisor of elections from an affected county or the municipal clerk from an affected municipality:

(a) May establish temporary vote-by-mail ballot sites in the affected areas or at any place in the county or city, and, if established, must publicize those sites through public service announcements in the print and electronic media and any other means:.

1. Such sites must be supervised and under the direct control of the supervisor of elections or the municipal clerk.

2. All vote-by-mail ballots shall be distributed and collected at such sites under the supervision and direct control of the supervisor of elections or the municipal clerk.

(b) Any registered voter who is a resident of elector residing in the affected area, or any elector of the state who is in the affected area providing emergency assistance including emergency responders, may request and obtain vote using a vote-by-mail ballot on election day without having to execute an Election Day Vote-by-Mail Ballot Delivery Affidavit. Such ballot must still be received by 7 p.m. by supervisor of elections or the municipal clerk in the county in which the voter is registered.

(c) All vote-by-mail ballot sites shall be supervised and under the direct control of the supervisor of elections or the municipal clerk.

(d) All vote-by-mail ballots shall be distributed and collected at such sites under the supervision and direct control of the supervisor of elections or the municipal clerk.

(6)(4) Voting and tabulation equipment.(a) Supervisors of elections from affected counties or municipal clerks from affected municipalities:

(a) Follow established procedures for securing voting equipment, ancillary equipment and election materials where power outages and evacuations exist and ensure back-up power.

(b) Mmay borrow or lease certified voting and tabulation equipment or voting systems which have been certified pursuant to Section 101.015(1), F.S., and rule Chapter 1S-5, F.A.C., for use in the rescheduled election. Where a central or regional counting center cannot be established within the area affected by the emergency disaster, ballots may be tabulated in other counties.

(c) Shall conduct a logic and accuracy test pursuant to Section 101.5612(1), F.S., on the tabulation equipment which will be used in the election.

(d) Shall comply with the requirements of Section 101.5607(1)(b), F.S., which are otherwise applicable to elections conducted utilizing the voting systems being used.

(e) Coordinate with election equipment vendors as needed to ensure properly functioning and sufficient voting and tabulation equipment and support are available for the rescheduled election.

(7)(b) Other public notices.

(a) Any notice relating to offices or issues which will appear on the ballot that have been published prior to the suspension or delay of an election need not be republished, even if those notices are date specific.

(b) However, Ccanvassing board meetings; logic and accuracy tests conducted pursuant to Section 101.5612(1), F.S.; and tabulating equipment tests conducted pursuant to Section 101.5612, F.S., which have been previously noticed but are affected by the suspension or delay of an election must be renoticed through public service announcements in the print and electronic media and any other means available to provide the public reasonable notice of any meetings or tests.

(c) The supervisor of elections from an affected county or the municipal clerk from an affected municipality shall conduct a logic and accuracy test pursuant to Section 101.5612(1), F.S., or a pre-election test pursuant to Section 101.35, F.S., on the tabulation equipment which will be used in the election. Notification of such testing must be publicized through public service announcements in the print and electronic media and any other means available.

(d) The supervisor of elections from an affected county or the municipal clerk from an affected municipality shall comply with the filing requirements of Section 101.5607(1)(b), F.S. and paragraph 1S-2.015(5)(f), F.A.C., which are otherwise applicable to elections conducted utilizing the voting systems being used.

(5) Safety of existing polling places. The supervisor of elections from an affected county or the municipal clerk from the affected municipality should coordinate with the county and city police and the National Guard in an effort to provide security for existing polling sites, including securing salvageable voting equipment from destroyed or damaged polling sites to prevent them from further damage and looting and providing security for voting equipment at existing, destroyed, and newly established polling sites.

(8)(6) Ballots Release and certification of election returns. (a) The supervisor of elections from an affected county or the municipal clerk from an affected municipality:

(a) Mmust ensure the security of all ballots.

(b) May utilize lLaw enforcement officers, the National Guard, and poll workers may be utilized by the affected supervisor of elections or municipal clerk to transport or secure ballots.

(c) May, in coordination with law enforcement officers or the National Guard, deliver ballots to other counties for tabulation when Where a central or regional counting center cannot be established within the area affected by the disaster, an affected supervisor of elections or municipal clerk may, in coordination with law enforcement officers or the National Guard, deliver ballots to other counties for tabulation. However, any ballot transportation or tabulation must be done under the supervision and control of the affected supervisor of elections or municipal clerk who shall at all times have the responsibility to ensure the safety and safekeeping of the ballots and election results.

(9)(d) Election returns.

(a) Where a multicounty or statewide election is suspended or delayed pursuant to Section 101.733, F.S., all supervisors of elections must withhold returns for affected races until the supervisors of elections in those counties where an election has been suspended or delayed have conducted rescheduled elections and are able to certify returns to the Division. The Division will notify the supervisors of elections when returns are to be delayed and when returns shall be certified to the Division.

(b)(e) Where a county or municipal election, or any part of a county or municipal election, is suspended, no results from an affected race may be released by the supervisor of elections or municipal clerk until after the polls have closed in those jurisdictions with delayed elections.

(c)(f) Where a supervisor of elections or municipal clerk is required to either withhold or certify previously withheld returns, a logic and accuracy test shall be conducted pursuant to Section 101.5612(1), F.S., or a pre-election test pursuant to Section 101.35, F.S., if parameters used within the voting system to define the tabulation and reporting instructions are changed in any way as a result of the requirement to withhold returns. Notification of such testing must be publicized through public service announcements in the print and electronic media and any other means available. The supervisor of elections or municipal clerk shall comply with the filing requirements of Section 101.5607(1)(b), F.S. and paragraph 1S-2.015(5)(f), F.A.C.

Rulemaking Authority 101.733(3) FS. Law Implemented 101.733(3) FS. History–New 3-13-94, Amended         .