The purpose of this rule is to implement the style and requirements for initiative petition forms used to change the method of selection for circuit and county court judges. The rule further provides the procedures for obtaining approval of the ...

DEPARTMENT OF STATE
Division of Elections

RULE NO: RULE TITLE
1S-2.046: Initiative Process for Method of Selection for Circuit or County Court Judges
PURPOSE AND EFFECT: The purpose of this rule is to implement the style and requirements for initiative petition forms used to change the method of selection for circuit and county court judges. The rule further provides the procedures for obtaining approval of the initiative petition forms and the requirements for signature verification of the forms. The effect of the rule is to implement the constitutional and statutory provisions that provide a mechanism for Florida voters to change the method of selection for circuit or county court judges.
SUMMARY: The proposed rule establishes the requirements, procedures, and forms for using an initiative petition to change the method of selection for circuit and county court judges. The rule also sets forth the signature verification requirements for such petitions.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 20.10(3), 97.012(1), 105.036 FS.
LAW IMPLEMENTED: Art V, Fla. Const., 101.161, 105.036 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, March 9, 2009, 1:00 p.m.
PLACE: Room 307, R. A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399-0250
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: Amber Barrett, Division of Elections, Department of State, R. A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399-0250; telephone: [phone]. 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). 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: Amber Barrett, Division of Elections, Department of State, R. A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399-0250; telephone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

1S-2.046 Initiative Process for Method of Selection for Circuit or County Court Judges.

(1) Submission of  Petition Initiative.

(a) Any proposed intitiative to change the method of selection of circuit court judges for placement on the ballot shall be submitted by the sponsoring political committee to the Division of Elections for approval as to format.

(b) Any proposed intitiative to change the method of selection of county court judges for placement on the ballot shall be submitted by the sponsoring political committee to the Supervisor of Elections in the affected county for approval as to format.

(c) The submission of the proposed initiative shall be in writing and shall include a copy or a facsimile of the proposed form to be circulated.

(d) No initiative petition form may be circulated for signatures unless first approved by the Division of Elections or the Supervisor of Elections, as applicable.

(2) Requirements and Approval of Petition Form. The Division of Elections or Supervisor of Elections, as applicable, shall review the petition form solely for sufficiency of the format and shall render a decision within seven (7) days following receipt. The Division of Elections or Supervisor of Elections, as applicable, shall not review the petition form for legal sufficiency. The format of the petition form is deemed sufficient only if the petition form corresponds to the following:

(a)1. The format of an initiative petition submitted for review and approval by the Division of Elections shall be substantially in accordance with Form DS-DE 112 (eff.12/08), entitled “Circuit Court Judge Selection Initiative Form.”

2. The format of an initiative petition submitted for review and approval by a Supervisor of Elections shall be substantially in accordance with Form DS-DE 113 (eff.12/08), entitled “County Court Judge Selection Initiative Form.”

(b) Is printed on separate cards or individual sheets of paper. The minimum size of such forms shall be 3 inches by 5 inches and the maximum shall be 8 1/2 inches by 11 inches. The petition shall be contained on only one-side of the card or paper.

(c) Is clearly and conspicuously entitled at the top of the form “Circuit Court Judge Selection Initiative Form” or “County Court Judge Selection Initiative Form,” as applicable.

(d) Includes adequate space for the voter’s name, residential street address, city, county, voter registration number, date of birth, signature, and date of signature.

(e) Contains the ballot language in Section 101.161(3), F.S., for circuit or county court judges, as applicable. One form may not be used as a petition to change the method of selection for both circuit and county court judges.

(f) Contains space for only one voter’s signature to be located below the applicable ballot language. Petition forms providing for multiple signatures per page will not be approved.

(g) Is marked, in accordance with Section 106.143, F.S., governing political disclaimers, with “paid political advertisement” or contains the abbreviation “pd. pol. adv.” and identifies the name and address of the sponsoring political committee, and the name of the entity paying for the production or distribution of the petition form if different from the name of the sponsoring political committee.

(3) Forms DS-DE 112 and 113 are hereby incorporated by reference and are available from the Division of Elections, Room 316, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, [phone], or by download from the Division of Elections’ rules webpage at: http://election.dos.state.fl.us.

(4) Additional Information or Materials. Other than providing information or a method by which the petition form may be returned by mail to the sponsoring committee, no additional information or materials shall be printed directly on the form.

(5) Assignment of a Serial Number.

(a) The Division of Elections or Supervisor of Elections, as applicable, shall assign a serial number as noted herein to each approved petition form. The serial number assigned must be printed in the lower right hand corner of the petition form.

(b) The serial number assigned by the Division of Elections shall begin with the capital letter “C,” followed by the last two digits of the calendar year in which the petition form is approved and by a number in numerial sequence. For example, the first petition form approved by the Division of Elections in 2009 would be assigned the serial number C09-1.

(c) The serial number assigned by a Supervisor of Elections shall begin, except as noted herein, with the first three letters of county’s name, followed by the last two digits of the calendar year in which the petition form is approved and by a number in numerial sequence. Instead of the first three letters in the county’s name, the following counties will use these letters: Collier – CLR and Martin – MRT. For example, the first petition form approved in 2009 by Palm Beach County would be assigned the serial number PAL09-1 and the first petition form approved in 2010 by Collier County would be assigned the serial number CLR10-1.

(6) Changes. Any change to a previously approved petition form shall be submitted to the Division of Elections or Supervisor of Elections, as applicable, for review. No person or entity other than the sponsoring political committee of the previously approved petition form can submit a change to a previously approved petition form. The Division of Elections or Supervisor of Elections must approve any material change to a previously approved petition form. A material change constitutes a change in the wording of the text of the proposed ballot language, a change in punctuation or layout, or a change in the name of the sponsoring political committee. A translation into another language does not constitute a material change to an initiative petition form. Any material change submitted for approval to a previously approved initiative petition constitutes a request for approval of a new petition form and shall be assigned a different serial number upon approval by the Division of Elections or Supervisor of Elections, as applicable.

(7) Reproduction. A petition form may be reproduced in newspapers, magazines, and other forms of printed mass media or made available through the internet for download printing, provided the form is reproduced in the same format as approved by the Division of Elections or Supervisor of Elections, as applicable. The petition form may be included within a larger advertisement, provided the form is clearly defined by a solid or broken line border.

(8) Submission of Signed Petition Forms. All signed petition forms shall be returned to the sponsoring political committee. Only the sponsoring political committee shall submit the signed petition forms for verification of signatures to the Supervisor of Elections and the submission shall be in the county in which the signer is a registered voter. It is the responsibility of the sponsoring political committee to ensure that the signed petition form is properly filed with, or if misfiled forwarded to, the Supervisor of Elections of the county in which the signee is a registered voter. In the case of a misfiled petition, the filing date of the petition is the date such petition is filed with the proper county.

(9) Signature Verification.

(a) The Supervisor of Elections shall promptly verify the signatures on each petition form to ensure that each person signing the petition form:

1. Was, at the time of signing and verification of the petition, a registered voter in the county in which the petition is submitted,

2. Had not signed the petition form more than two years prior to the date the Supervisor of Elections verified the petition, and

3. Had not ever previously signed a petition form containing the identical initiative.

(b) The Supervisor of Elections shall not verify a signature on the petition form unless all of the following information is contained on the petition form:

1. The voter’s name,

2. The voter’s address (including city and county),

3. The voter’s date of birth or voter registration number,

4. The voter’s original signature, and

5. The date the voter signed the petition, as recorded by the voter.

(10) Limitation on Use of Verified Signatures. Verified signatures used successfully to place a proposed initiative petition on the ballot that subsequently fails to be approved by the electors at the general election shall not be used again in support of any future initiative petition.

Specific Authority 20.10(3), 97.012(1), 105.036 FS. Law Implemented Art V, Fla. Const., 101.161, 105.036 FS. History–New ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Gary J. Holland, Assistant General Counsel, Department of State
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kurt S. Browning, Secretary of State
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 28, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 12, 2008