Uniform Primary and General Election Ballot

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.032Uniform Primary and General Election 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. 41 No. 192, October 2, 2015 issue of the Florida Administrative Register.

 

(1) changed as follows:

(1) Purpose. This rule prescribes a uniform ballot design for primary and general elections for each type of certified voting system. Prior to January 1, 2017, a supervisor of elections may comply with all standards to be set forth in this rule effective January 1, 2017, in lieu of complying with the existing standards in this rule, as amended on July 13, 2004, which will be effective until January 1, 2017.

 

(4)(a)3. changed as follows:

 

3. All fonts on a ballot shall be within the same sans-serif font family (a narrow version of the same font is considered within the same font family). Sans-serif font means a typeface that does not have small projecting features (serifs) at the end of characters.  Recommended fonts are: Arial, Helvetica, Tahoma or Univers. All fonts shall be black. Colored text, however, may be used on the ballot to differentiate between precincts or ballot type (e.g., early voting, absentee ballot, or election day ballot); in the ballot footer to direct the voter to vote both sides of the ballot page as specified in paragraph (10)(g), below; and on a visual display ballot as specified in paragraph (11)(a), below.

 

(4)(b) changed as follows:

(b) Alignment.  Unless otherwise indicated herein, all type on a ballot shall be aligned to the left of the page or column, as applicable.  The ballot title and may be centered on the page or column while the ballot instructions may shall be centered or aligned to the left on the page or column.

 

(4)(c)1. changed as follows:

(c) Columns. 

1. A paper ballot page shall contain no more than four three columns.

 

(5) changed as follows:

(5) Ballot Title. The ballot title shall be printed single-spaced, flush left or centered across the top of the first page of a paper ballot and on the first ballot screen of a visual display ballot. The date of the election within the ballot title shall list the full name of the month, the numeric day, and full numeric year (for example, November 8, 2016). The ballot title, in bold upper and lower case letters, shall be printed on the ballot for each election in no less than two and not more than four lines for each language in which the ballot is printed, for example:

 

(7)(a)1.-7. & (7)(b)1.-8. changed as follows:

(7) Listing of election contests. Under each ballot title, the ballot shall list the contests in the order specified in Sections 101.151 and 105.041, F.S., and as further specified herein as follows:

(a) Partisan offices.

1. Federal office.

2. State office.

3. County office.

4. Municipal office.

5. District and sSpecial district office.  The order of district and special district offices on a ballot shall be:  multi-county, county, municipal, and districts covering a geographical area less than municipal.  The special districts within each listing shall be listed alphabetically.

7.  Party offices.  The order of placement shall be state, district, and precinct committeemen and committeewomen.

(b) Nonpartisan offices.

1. Justice of the Supreme Court (judicial merit selection and retention).

2. Judge of a District Court of Appeal (judicial merit selection and retention).

3. Circuit Judge (election or merit selection and retention).

4. County Judge (election or merit selection and retention).

5. School Board Member.

6. Nonpartisan county office.  If a county elects other county officers listed in s. 101.151, F.S., on a nonpartisan basis, the order of those offices shall be the same as the order in s. 101.151, F.S. for partisan offices and shall appear beforeafter the contest for school board member.

6.  School Board Member.

7. Nonpartisan municipal office.

8. Nonpartisan district and special district office.  The order of district and special district offices on a ballot shall be:  multi-county, county, municipal, and districts covering a geographical area less than municipal.  The district and special districts within each listing shall be listed alphabetically, with district offices listed before special district offices.

 

(8)(a)-(b) changed as follows:

(a) In contests for office in which the voter may make only one choice, including offices with paired or joint candidates, the instruction shall read: (Vote for 1) or it may be spelled out as (Vote for One).

(b) In contests for office in which the voter may make more than one choice, the instruction shall read: (Vote for up to [enter number to be elected]).   The number may be written numerically or spelled out.

 

(9)(a)2.a.-d. changed as follows:

 

a. First name or a shortened form as provided by the candidate or nominee (e.g., Rob, instead of Robert, or J. instead of James). A period shall immediately follow any designation of a first initial.

b. Middle initial or middle name, and if applicable, a bona fide nickname by which the candidate or nominee is commonly or customarily known. If the oath includes both the first and last names and the nickname of a candidate, the nickname shall be enclosed in quotation marks (e.g., Garrett R. “Gator” Cane) on the ballot.  If the candidate does not indicate on the oath that the nickname should be included with the candidate's first name (e.g., Ted Davis printed on the oath for a candidate named Thomas Eugene Davis; or Dottie Smith printed on the oath for a candidate named Doris Smith), the nickname shall not be in quotation marks on the ballot (e.g., Ted Davis, not "Ted" Davis; or Dottie Smith, not "Dottie" Smith).  A period shall immediately follow any designation of any middle initial(s).  

c. Surname (last name).

d. Suffix such as Sr. or Jr., or II or sequential numbers.  No comma shall be included in the name before any suffix and no period shall be included after a suffix; for example, the name on the ballot shall appear as John O. Doe Jr without further punctuation.

 

(9)(b)1.-3. changed as follows:

1. In a contest in which one or more write-in candidates have qualified, the phrase “Write-in” or “Write-in Candidate” shall appear directly after the end of the list of candidate names printed or displayed on the ballot for that contest.  A blank line shall be placed after or immediately over Write-in or Write-in Candidate, and a corresponding vote target shall be associated with the blank line.  In a contest with joint candidacies, no second write-in line is required.

2. In a contest in which multiple candidates may be selected and more than one write-in candidate has qualified, the phrase “Write-in” or “Write-in Candidate” shall be added and a blank line for each number of selections, or for each number of qualified write-in candidates, whichever is less, shall appear on the ballot. The write-in option shall be added directly below the list of candidate names printed on the ballot for that contest and a corresponding vote target shall be associated with each blank line with the word Write-in (or the words Write-in Candidate) immediately preceding the blank line or over it. For example, when a contest is “Vote for up to 2,” and three write-in candidates have qualified, the contest would reflect the phrase “Write-in” or “Write-in Candidate(s)” and have two blank lines placed after or immediately over the word Write-in or words Write-in Candidate(s) with a corresponding vote target associated with each blank line to ensure that voters could write in the names of two of the three qualified write-in candidates if they so choose.

3. To familiarize a voter with the location of write-in positions on the ballot, all sample ballots produced or distributed pursuant to Section 101.20, F.S., shall show the location where a voter will write in or input the name of a write-in candidate in any race in which a write-in candidate has qualified.

 

(9)(e) changed as follows:

(e) Multiple contests under one contest title.  When there are multiple contests under one contest title (e.g., judicial retention or party office (committeemen and committeewomen) contests), the contests shall be separated by a solid line across the column in which the contest appears.

 

(10)(b) changed as follows:

(b) Paper color.  The ballot color shall be white.  Color markings may be on the white-colored ballot.

 

(10)(d)1.-3. changed as follows:

(d) Ballot Instructions.

1. Ballot instructions shall appear flush left or centered in normal or bold font with a minimum size of 10-point type (3.5mm) immediately below the ballot title either across the page or in the first column. The following instructions or substantially similar instructions shall appear:

a. If the vote target is an oval, square, or rectangle:

• Instructions: To vote, fill in the (oval) (square) (rectangle) completely (insert picture of either filled oval, filled square or filled rectangle) next to your choice. Use (insert type(s) of appropriate marking device).
• If you make a mistake, ask for a new ballot. Do not cross out or your vote may not count.

Where a write-in candidate has qualified, add an additional instruction to read:

• To vote for a write-in candidate, fill in the (oval) (square) (rectangle) and print the name clearly on the blank line provided for the write-in candidate.

b. If the vote target is a broken arrow:

• Instructions: To vote, connect the head and tail of the arrow pointing to your choice (insert picture of a completed arrow) next to your choice.  Use (insert type(s) of appropriate marking device) black roller-ball pen or felt pen.
• If you make a mistake, ask for a new ballot. Do not cross out or your vote may not count.

Where a write-in candidate has qualified, add an additional instruction to read:

• To vote for a write-in candidate, complete the arrow and print the name clearly on the blank line provided for the write-in candidate.

2. The space for marking the vote target shall comply with the voting system’s specifications.  In contests for retention, constitutional amendments or other public measures, the choices Yes and No shall follow appear beneath the ballot question, in upper and lower case letters on separate lines.

3. Additional instructions for absentee ballots. The following instructions or substantially similar instructions, along with other instructions as deemed necessary by the supervisor of elections, shall be printed on the secrecy sleeve or on a separate sheet as follows:

a. An applicable illustration depending on whether the system uses ovals, squares, rectangles, or broken arrows as vote targets.  For example, the following represent depictions for oval and broken arrow vote targets:

 

 

 

 

 

 

 

b. The statement: IMPORTANT: If you make a mistake on your ballot, contact the Supervisor of Elections’ office for instructions.

Regarding the above images: All images will be deleted.

 

(10)(e) changed as follows:

(e) Vote target. The vote target may be an oval, square, rectangle, or broken arrow icon. The oval, square, and rectangle shall be in dark black outline.  The broken arrow’s head and tail shall be black and the broken area of the arrow shall have a narrow gray or black line between the arrow’s head and tail. The alignment of the vote target shall be at an available location that allows it to be flush or indented from the left margin for an oval, square, or rectangle and from the right margin for a broken arrow.

 

(10)(j) changed as follows:

(j) Contest designation.  Each contest title on the paper ballot shall be in a box outlined in black type or, in the absence of an outline box, each contest title shall have a straight black line above the top of the contest title.

 

(11)(g) changed as follows:

(g) Undervoted contest.  The visual display ballot shall have a method to indicate to the voter when the voter did not select the total number of all allowable vote(s) in a contest and the consequence for not fully selecting votes within a contest.

 

(11)(h)1. changed as follows:

1. The visual display shall indicate to the voter if the voter is about to cast a blank ballot and that no vote on the ballot will be counted the consequences of casting a blank ballot.

 

(12)(b) changed as follows:

(b) Paper output requirements.   The font of the paper output must be no less than 10 9-point type and the paper output itself may be of any size and format so long as it includes all contests and selections and the output can be properly tabulated.  The paper output must contain:

 

(13)(a)4. changed as follows:

4. The audio ballot shall have the capability for a voter to use either a headphone or tactile interface device handset to listen to the audio.

 

(13)(d)4. changed as follows:

4. When the voter has not made a selection in a contest or has selected less than the allowable number of choices for the contest and the consequences for not fully selecting the available choices within a contest.

 

(14) changed as follows:

(14) Deviation from the rule.

(a) A supervisor of elections may reasonably seek approval to deviate from the requirements of this rule to the extent necessary for any of the following reasons:

(a)1. There are more candidates for a contest than will fit in one column or screen.

(b)2. The candidate’s name is longer than will allow the party abbreviation to fit to the right of the candidate’s name.

(c)3. A candidate’s name is too long to fit on one line in the minimum font size.

(d)4. The party abbreviation cannot be printed in the minimum font size without going onto a second line.

(e)5. Printing the (Vote for 1) or (Vote for up to [enter number to be elected]) designations in the minimum font size will require an additional ballot card.

(f)6. The voting system will not permit the suppression of party abbreviations on ballots when a universal primary contest exists. 

(g)7. Any other extraordinary circumstances which cannot reasonably be accommodated except by deviation from the requirements of the rule that dictate deviation.

(b) A supervisor must certify the basis for the request, and submit the request and copy of the proposed ballot for approval to the Division of Elections. Approval must be obtained prior to printing or distributing the ballot.

(c) The Division shall verify the facts and circumstances that justify deviation from the rule prior to giving its approval.

 

(16) was deleted:

(16) Effective date. This rule applies to any election scheduled to be held on or after January 1, 2016.

 

The following “proposed effective date” and “editor’s note” have been added:

 

PROPOSED EFFECTIVE DATE: Subsections (1), (2)(f), (12), (14), and (15)(a)9. are effective 20 days following adoption. All remaining provisions shall be effective on January 1, 2017.

 

EDITOR’S NOTE [to be placed above the text proposed for adoption and below the current version of the rule]: The above-listed version of this rule, as amended on July 13, 2004, will be effective until January 1, 2017. The below-listed version, as amended on __ 2015, will be effective on January 1, 2017, except for (1), (2)(f), (12), (14), and (15)(a)9., which will be effective 20 days following adoption (said provisions concern new voting technology and will not conflict with the prior rule).

 

The following changes were made to the rulemaking authority:

 

Rulemaking Authority 20.10(3), 97.012(1), 101.151(8), 101.151(9), 103.101(6), 105.041(2), FS. Law Implemented 103.021, 103.101, 101.151, 101.161, 101.5608(3),(4), 105.041, FS. History–New 6-6-02, Amended 9-8-02, 07-13-04, __________.

 

Twenty (20) days following adoption of the new version of rule 1S-2.032, the following changes will be made to the current version of rule 1S-2.032, which otherwise will remain effective until January 1, 2017:

 

(14) will change as follows:

 

(14)(a) If in any election there are more candidates than will fit in one column or screen, or a candidate’s name is so long that the party abbreviation will not fit to the right of the candidate’s name, or a candidate’s name is too long to fit on one line in the minimum font size, the supervisor of elections shall certify that fact and provide a copy of the proposed ballot to the Division of Elections for approval prior to the printing or distribution of the ballot. The Division shall verify that the facts and circumstances provided by the supervisor require deviation from the rule prior to giving its approval.

(b) Likewise, if circumstances dictate that a supervisor of elections must deviate from the rule in any other respect, the supervisor must certify the facts of the circumstances and obtain the approval of the Division of Elections prior to the printing or distribution of the ballot. The Division shall verify that the facts and circumstances provided by the supervisor require deviation from the rule prior to giving its approval.

(14) Deviation from the rule.

A supervisor of elections may reasonably deviate from the requirements of this rule to the extent necessary for any of the following reasons:

(a) There are more candidates for a contest than will fit in one column or screen.

(b) The candidate’s name is longer than will allow the party abbreviation to fit to the right of the candidate’s name.

(c) A candidate’s name is too long to fit on one line in the minimum font size.

(d) The party abbreviation cannot be printed in the minimum font size without going onto a second line.

(e) Printing the (Vote for 1) or (Vote for up to [enter number to be elected]) designations in the minimum font size will require an additional ballot card.

(f) The voting system will not permit the suppression of party abbreviations on ballots when a universal primary contest exists.

(g) Any other extraordinary circumstances which cannot reasonably be accommodated except by deviation from the requirements of the rule.