This rule incorporates changes to the return date of voted absentee ballots of overseas voters in any presidential preference primary or general election made by s. 17, Ch. 2013-57, Laws of Fla.

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: This rule incorporates changes to the return date of voted absentee ballots of overseas voters in any presidential preference primary or general election made by s. 17, Ch. 2013-57, Laws of Fla.

SUMMARY: Rule 1S-2.030, F.A.C., needs to be amended to conform to the new requirements of s. 17, Ch. 2013-57, Laws of Florida, amending Section 101.6952(5), Florida Statutes, which is effective on January 1, 2014. In addition, the substance of Rule 1S-2.049, F.A.C., will be absorbed by Rule 1S-2.030, F.A.C., and Rule 1S-2.049, F.A.C., will be repealed.

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 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: This rule will not require legislative ratification pursuant to Section 120.541(3), F.S., because the rule applies only to election-related activities. Based upon past experiences with rules of this nature, this rule will not have an adverse effect on businesses or private-sector economic growth, job-creation, employment or investment; it is not likely to have an adverse impact on business competitiveness nor innovation in excess of the statutory threshold; nor will it increase regulatory costs in excess of the threshold mandating legislative ratification. No other statute requires legislative ratification for this rule.

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(3), 97.012(1), 101.697 FS.

LAW IMPLEMENTED: 101.62, 101.64, 101.65, 101.6923, 101.6952, 101.697 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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Monday, January 13, 2014, 1:00 p.m.

PLACE: Room 307, R.A. Gray Building, 500 S. Bronough Street, 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 3 days before the workshop/meeting by contacting: Brandy Hedges, 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 IS: Jordan Jones, Assistant General Counsel at [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1S-2.030 Absentee Ballots for 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 overseas 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 transmit the blank ballot or communicate how to access the blank ballot electronically by some other means:

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

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

3. An e-mail address and an applicable out-of-county address or out-of-country address (only for purposes of affirming absence from the county or the United States).

(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 overseas 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 overseas voter in subsection (2).

(c) Record the receipt date of the request was received, the date and manner in which the Supervisor of Elections made the absentee ballot was made available to the voter, and the corresponding mailing cooresponding 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 his or her 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 overseas voter. It is the overseas voter’s responsibility to ensure the security of the receiving facsimile machine, computer, or receiving unit.

(4) Return of Voted Absentee Ballot.

(a) A voted ballot returned by e-mail shall not be accepted. An overseas voter has the option to may 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 supervisor of elections 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.

(5) Deadline to Return Absentee Ballot.

(a) To be accepted and counted, a voted absentee ballot must be received by the supervisor no later than 7:00 p.m. election day in the time zone for the county in which the overseas voter is registered.

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

(a) If returned by fax, the ballot and Voter’s Certificate must be sent directly to the fax number provided by the supervisor of elections or to a fax number provided by Federal Voting Assistance Program of the Department of Defense.

(b) If returned by mail, the ballot and Voter’s Certificate must be returned to the supervisor of elections’ office in the manner described in the ballot instructions under subsection (6).

(6)(5) 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 Mmerchant Mmarine 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 oOther 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., except the jurisdiction cited in this voting form.

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, accurate 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)(6) Ballot Instructions. The instructions to be sent with the absentee ballot to all absent stateside uniformed services and overseas voters shall be in substantially contain the following statements form:

 

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 supervisor of elections of the county in which you are registered. It must be so they are 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 extension applies, provided your absentee ballot is postmarked or dated no later than election day and received by the supervisor of elections 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. VERY IMPORTANT: In order for your ballot to be counted, complete the Voter’s Certificate, which must include your signature and date signed. Failure to include a signature or a date means your ballot may not be counted. Your absentee ballot will not be counted if your signature on the Voter’s Certificate does not match your signature on record. If you need to update your signature for this election, you must send your signature update on a voter registration application to your supervisor of elections so that it is received before absentee ballots are canvassed which could start as early as 15 days before election day.

(e) Mail, deliver, fax or have delivered the completed mailing envelope with the voted absentee ballot and the Voter’s Certificate. Voted ballots returned by regular electronic mail will not be counted.

(f) To mail or have your voted absentee ballot and Voter’s Certificate delivered to the supervisor of elections:

1. Place your marked ballot in the a secrecy envelope or sleeve as 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 inside the a separate mailing envelope provided to you and completely fill out the Voter’s Certificate on the back of that mailing envelope. If 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 supervisor of elections. To mail your ballot free of postage, use the template provided at the following link: 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) (g) If you are an overseas voter, you have the option to fax your absentee ballot and Voter’s Certificate. Fax To fax your voted absentee ballot and the Voter’s Certificate, fax the ballot and signed and dated certificate to the supervisor of elections at (fax phone number) or to a fax number provided by the Federal Voting Assistance Program (FVAP) of the Department of Defense. If you fax your ballot and certificate to make sure that FVAP has sufficient time to get the ballot and certificate to the supervisor of elections by the 7:00 p.m. or 10-day deadline, whichever is applicable. If you 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.

(h) FELONY NOTICE. It is a felony under Florida law to accept any gift, payment, or gratuity in exchange for your vote for a candidate. It is also a felony under Florida law to vote in an election using a false identity or false address, or under any other circumstances making your ballot false or fraudulent.

(8)(7) Processing Returned Absentee Ballots.

(a) The supervisor must record for each voted absentee ballot received the date of receipt and the manner of return. For each voted absentee ballot received from an overseas voter, the supervisor shall record the date such ballot was received and the means by which the ballot was returned.

(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. The Voter’s Certificate shall be reviewed and processed in accordance with Section 101.68, F.S.

(c) Upon determination by the canvassing board that the voter was eligible to vote, the ballot shall be processed as other absentee ballots. If the returned absentee ballot was originally faxed, e-mailed or accessed electronically by some other means, the ballot shall be removed from the envelope and duplicated pursuant to Section 101.5614, F.S., so that it can be processed through the tabulating equipment.

(d)(c) Upon receipt by fax of a voted absentee ballot from an overseas voter, the supervisor of elections 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)(8) Confidentiality. The supervisor of elections 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), 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,___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jordan Jones, Assistant General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth W. Detzner

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 6, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 10, 2013