To conform to statutory changes in 2021-11 and 2019-71. Amends and creates oaths for candidates with party affiliation and without party affiliation, respectively. Allows candidate oaths to be notarized online and dispenses ....

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.0001Designation of Division of Elections as Filing Office for Department of State; Requirements for Candidate Qualifying Papers; Withdrawal of Candidacy

PURPOSE AND EFFECT: To conform to statutory changes in 2021-11 and 2019-71. Amends and creates oaths for candidates with party affiliation and without party affiliation, respectively. Allows candidate oaths to be notarized online and dispenses with requirement that qualifying papers be originals.

SUMMARY: Updates candidate oaths and dispenses with requirement that qualifying papers be originals.

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.

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: 20.05(1)(e), 20.10(3), 97.012(1), 99.061(10), 103.022 F.S.

LAW IMPLEMENTED: 20.05(1)(b), 99.021, 99.061, 99.095, 103.022, 105.031(1), 105.035 F.S.

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: Tuesday, June 29, 2021 at 1:00 p.m.

PLACE: Heritage Hall, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, FL 32399, or; 1(888)-585-9008, 659-459-077 (pin)

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: Ashley E. Davis. 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: Ashley E. Davis at [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1S-2.0001 Designation of Division of Elections as Filing Office for Department of State; Requirements for Candidate Qualifying Papers; Withdrawal of Candidacy.

(1) Designation of Division of Elections as a Qualifying filing Ooffice.

(a) The Department of State has designated the Division of Elections as the filing or qualifying office for candidates who must qualify with the Department of State seeking to qualify for nomination or election to any federal, state, legislative, multicounty or judicial office with the exception of county court judge. Candidates for the office of county court judge shall qualify with the supervisor of elections for that county. All qualifying items required to be filed with the Department of State shall be filed with the Division of Elections. The Division of Elections’ official address and official physical location is Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250.

(b) Each supervisor of elections and other qualifying officer shall designate one or more specific official physical locations that will serve as a qualifying office and publish the address of each office on the qualifying officer’s website. All qualifying items required to be filed with the Department of State as the office where the candidate is required to qualify shall be filed with the Division of Elections.

(2) Filing Timeline.

(a) Timely filing is of the essence in qualifying as a candidate. In order to be deemed timely filed with the qualifying office, qualifying items must actually be present at the qualifying office’s official physical location by the close of the qualifying period. Candidates who file with the Division of Elections are advised that the U.S. Postal Service does not deliver mail directly to the Division and the U.S. Postal Service’s designated hours for mail pick-up by the Division do not correspond to the qualifying deadline. While delivery of qualifying items to a qualifying office may occur by any means, to ensure that the items are timely submitted, it is advisable for candidates or someone on their behalf to hand-deliver directly to the qualifying office Division or use a delivery service that timely delivers directly to the qualifying office.

(b) Each supervisor of elections and other qualifying officer shall designate one or more specific official physical locations that will serve as a qualifying office and publish the address of each office on the qualifying officer’s website.

(b)(c) Qualifying items shall be deemed filed with the qualifying office upon the date of actual receipt by the qualifying office, except for those qualifying items accepted and held during the 14-day period before the beginning of the qualifying period pursuant to sections 99.061(8) and 105.031(6), F.S. The qualifying items that are received and held during the 14-day period before the beginning of the qualifying period shall not be deemed filed until the beginning of the qualifying period.

(3) Qualifying Iitems.

(a) Except as noted herein, any qualifying item filed with a qualifying office must be an original and signatures thereon must be made in ink. Qualifying items do not need to be originals.

(b) A facsimile, email, photocopy, scanned copy or any type of electronically transmitted document shall not be accepted as a qualifying item, except a candidate who has filed a current full and public disclosure or statement of financial interests with the Florida Commission on Ethics or the Supervisor of Elections prior to qualifying for office may file a copy of that disclosure at the time of qualifying. A current full and public disclosure or statement of financial interests is one that covers the immediately preceding calendar or tax year and is on the applicable Florida Commission on Ethics’ form for that year. For example, for a qualifying period that occurs in 2018, the current full and public disclosure or statement of financial interests form would be one that covers the 2017 calendar or tax year.

(4) Forms.

(c)(a) The following qualifying forms for candidates required by Sections 99.061, 103.022 and 105.031, F.S., are hereby incorporated by reference and are available by hyperlink below, or from the Division of Elections at: R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, or [phone]; or by download from the Division’s webpage at: http://dos.myflorida.com/elections/forms-publications/forms/:

1. DS-DE 9 (Rev. 10/10) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00292), entitled, “Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates.”

2. DS-DE 301A 301SL(Rev. _/21 11/17) (___http://www.flrules.org/Gateway/reference.asp?No=Ref-08925), entitled, “Candidate Oath – State and Local Partisan Office –With Party Affiliation.”

3. DS-DE 301B (_/21) (__), entitled, “Candidate Oath – State and Local Partisan Office –Without Party Affiliation.”

4. DE-DE 301C (_/21) (_), entitled, “Candidate Oath-State and Local Partisan Office-Write-In Candidate.”

5. 3.DS-DE 305CM (Rev. _/21 11/17) (___http://www.flrules.org/Gateway/reference.asp?No=Ref-08929), entitled, “Candidate Oath – Committeemen and Committeewomen.”

6. 4. DS-DE 302NP (Rev. _/21 11/17) (___http://www.flrules.org/Gateway/reference.asp?No=Ref-08926), entitled, “Candidate Oath – Nonpartisan Office.”

7. 5. DS-DE 304SB (Rev. _/21 11/17) (___http://www.flrules.org/Gateway/reference.asp?No=Ref-08928), entitled “Candidate Oath – School Board Nonpartisan Office.”

8. 6. DS-DE 303JU (Rev. _/21 11/17) (___http://www.flrules.org/Gateway/reference.asp?No=Ref-08927), entitled, “Candidate Oath – Judicial Office.”

9. 7. DS-DE 300A 300FO (Rev. _/21 11/17) (___http://www.flrules.org/Gateway/reference.asp?No=Ref-08924), entitled “Candidate Oath – Federal Office – With Party Affiliation.”

10. DS-DE 300B (_/21) (_), entitled, “Candidate Oath – Federal Office – Without Party Affiliation.”

11. DE-DE 300C (_/21) (_), entitled, “Candidate Oath – Federal Office –Write-In Candidate.”

12. 8. DS-DE 306WP (Rev. _/21 11/17) (___http://www.flrules.org/Gateway/reference.asp?No=Ref-08930), entitled, “Candidate Oath – Write-In for President and Vice President.”

(b) The forms in paragraph (4)(a), are available from the Division of Elections, R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at [phone], or by download from the Division’s webpage at: http://dos.myflorida.com/elections/forms-publications/forms/.

(4) (5) Candidate withdrawal. A candidate may withdraw his or her candidacy by submitting a document specifying the candidate’s withdrawal from the particular public office he or she seeks to the qualifying office before which he or she qualifies (or has qualified) by mail, facsimile, email, photocopy, scanned copy or other type of electronic transmission that contains the signature of the candidate. The withdrawal is not effective until it is received by the qualifying office.

Rulemaking Authority 20.05(1)(e), 20.10(3), 97.012(1), 99.061(10), 103.022 FS. Law Implemented 20.05(1)(b), 99.021, 99.061, 99.095, 103.022, 105.031(1), 105.035 FS. History–New 12-6-84, Formerly 1C-7.001, 1C-7.0001, Amended 2-13-90, 11-7-10, 9-7-11, 1-1-14, 1-2-18, ___.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Maria Matthews

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Laurel M. Lee

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 4, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 28, 2021