To implement the Florida Supreme Court's holding that the initiative revocation process violates the state constitution. The effect on this proposed rule is that the supervisors of elections and Division of Elections no longer must determine if ...

DEPARTMENT OF STATE
Division of Elections

RULE NO: RULE TITLE
1S-2.0091: Constitutional Amendment Initiative Petition; Submission Deadline; Signature Verification
PURPOSE AND EFFECT: To implement the Florida Supreme Court's holding that the initiative revocation process violates the state constitution. The effect on this proposed rule is that the supervisors of elections and Division of Elections no longer must determine if voters had signed a revocation petition before verifying a voter’s signature on an initiative petition.
SUMMARY: The proposed rule eliminates any reference to revocations of voter signatures concerning the signature verification process for initiative petitions. It also clarifies that a supervisor may verify a voter’s signature unless the voter had signed the identical initiative which was already verified. To comply with the implementing statute, the rule requires only the voter’s street address, not a residential street address, on the petition.
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), 100.371(7) FS.
LAW IMPLEMENTED: Art. XI, Fla. Const., 100.371 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: May 24, 2010, 1:00 p.m.
PLACE: Room 307, R. A. Gray Building, Department of State, 500 S. Bronough Street, Tallahassee, Florida
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 hours before the workshop/meeting by contacting: Eddie Phillips, Executive Assistant, Department of State, at [phone]; email: [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: Gary J. Holland, Assistant General Counsel, Department of State, at [phone]; email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

1S-2.0091 Constitutional Amendment Initiative Petition; Submission Deadline; Signature Verification.

(1) Submission. Signed initiative petition forms proposing amendments to the Florida Constitution shall be submitted solely by the sponsoring political committee to the Supervisor of Elections in the county in which the petition forms were circulated. 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.

(2) Signature Verification.

(a) In accordance with the signature verification fee provisions in Section 99.097(4), F.S., the Supervisor of Elections shall verify the signatures on each initiative petition form within 30 days of receipt of the form to ensure that each person signing the petition form:

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

2. Had not previously revoked his or her signature on the petition,

2.3. Had not signed the petition form more than four years prior to the date the Supervisor verified the petition, and

3.4. Had not ever previously signed a petition form containing the identical initiative which had been verified.

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

1. The voter’s name,

2. The voter’s residential street 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.

(3) Random Sampling Not Permitted. Supervisors of Elections may not use random sampling as a method for verifying signatures on constitutional amendment initiative petitions.

(4) Recordation of Verification. The appropriate supervisor of elections for each respective voter whose signature is verified as valid shall record the date the form was received, the date of the signature, the date the signature was verified, and the assigned serial number for the applicable initiative petition. Upon completion of the verifications as set forth in subsection (2), the Supervisors of Elections shall submit to the Division of Elections a certificate indicating the total number of signatures verified and the distribution by congressional district. In conjunction with each certificate submitted, each Supervisor shall submit a copy of one petition showing the text of the constitutional amendment to which the verified signatures relate. Certificates may be submitted by the Supervisor via facsimile in order to meet the filing deadline, followed by the original certificates sent by mail.

(5) Filing Deadline. In order for the initiative petition to be timely filed for appearance on the ballot for the next general election, the constitutionally requisite number of verified signatures must be verified and reported to the Division no later than 5:00 p.m. on February 1 of the year in which the general election is held.

(6) Effective of Revocation Petition. Prior to any determination that the constitutionally requisite number of signatures has been obtained for purposes of placing an amendment by initiative on the ballot, the Division shall determine in accordance with Rule 1S-2.0095, F.A.C., the number of verified petition revocations reported to the Division no later than 5:00 p.m. on February 1 of the same year. The Division shall then deduct that number from the number of verified signatures reported for the underlying applicable constitutional initiative amendment. Upon a determination that the constitutionally requisite number of signatures has been obtained, the Secretary of State shall issue a certificate of ballot position in accordance with Section 100.371, F.S., to the appropriate sponsoring political committee and assign a designating ballot number.

(6)(7) Limitation on Use of Verified Signatures. Verified signatures used successfully to place a proposed amendment by initiative 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.

Rulemaking Specific Authority 20.10(3), 97.012(1), 100.371(7) FS. Law Implemented Art. XI, Fla. Const., 100.371 FS. History–New 1-6-80, Amended 12-20-83, Formerly 1C-7.091, 1C-7.0091, Amended 2-13-90, 3-5-96, 1-5-04, 3-16-06, 10-15-07, 10-13-08,_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Gary J. Holland
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kurt S. Browning
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 21, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 2, 2010