The proposed rule implements the provisions of Chapter 2011-40, ss. 13 and 51, Laws of Florida, which changed the oaths for candidates seeking to qualify for office. The rule incorporates candidate oath forms to comply with statutory changes.

DEPARTMENT OF STATE
Division of Elections

RULE NO.: RULE TITLE:
1S-2.0001: Designation of Division of Elections as Filing Office for Department of State; Requirements for Candidate Qualifying Papers; Withdrawal of Candidacy
PURPOSE AND EFFECT: The proposed rule implements the provisions of Chapter 2011-40, ss. 13 and 51, Laws of Florida, which changed the oaths for candidates seeking to qualify for office. The rule incorporates candidate oath forms to comply with statutory changes.
SUMMARY: The proposed rule incorporates revised candidate oath forms to reflect the deletion of the reference to the oath required by Section 876.05, F.S. The rule also deletes the Section 876.05, F.S., oath as a required qualifying paper for candidates, except for judicial and school-board candidates, which is still required by Section 105.031, F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An 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 FS.
LAW IMPLEMENTED: 20.05(1)(b), 99.061, 99.095, 103.022, 105.031(1), 105.035 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: August 8, 2011, 10:00 a.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 days before the workshop/meeting by contacting: Eddie Phillips, Executive Assistant, Department of State, [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, [phone], email: [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) The Division of Elections, Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250 is hereby designated on behalf of the Department of State as the filing or qualifying office, that is, the official address and the location for candidates 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.

(2) All qualifying papers 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.

(3)(a) Except as noted herein, any qualifying paper filed with a qualifying office, whether the Division of Elections or a supervisor of elections, must be an original.

(b) A facsimile, email, photocopy, scanned copy or any type of electronically transmitted document shall not be accepted as a qualifying paper, except a candidate who has filed a current full and public disclosure or statement of financial interests with the 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. For example, for a qualifying period that occurs in 2014, the current full and public disclosure or statement of financial interests form would be one that covers the 2013 calendar or tax year.

(4) Qualifying papers shall be deemed filed by the qualifying office upon the date of actual receipt by the qualifying office, except for those qualifying papers accepted and held during the 14-day period before the beginning of the qualifying period to be processed and filed during the qualifying period pursuant to Section 99.061(8), F.S. The qualifying papers that are received and intended to be 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.

(5)(a) The following qualifying forms for candidates required by Sections 99.061, 103.022 and 105.031, F.S., are hereby incorporated by reference:

1. DS-DE 9 (Rev. 10/10), entitled, “Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates.”

2. DS-DE 24 (Rev. 5/11 10/10), entitled, “Loyalty Oath Candidate Oath – Candidate with Party Affiliation.”

3. DS-DE 24A (Rev. 5/11 10/10), entitled, “Candidate Oath – Loyalty Oath Write-In Candidate.”

4. DS-DE 24B (Rev. 5/11 10/10), entitled, “Candidate Oath – Loyalty Oath Candidate with No Party Affiliation.”

5. DS-DE 24C (Rev. 5/11), entitled, Candidate Oath – Precinct Committeemen and Committeewomen.”

6. DS-DE 24D (Rev. 5/11), entitled, Candidate Oath – District Committeemen and Committeewomen.”

7. DS-DE 24E (Rev. 5/11), entitled, Candidate Oath – State Committeemen and Committeewomen.”

8. DS-DE 24F (Rev. 5/11), entitled, “Candidate Oath – School Board Write-In Candidate.”

9.5. DS-DE 25 (Rev. 5/11 10/10), entitled, “Candidate Oath – Loyalty Oath Nonpartisan Office.”

10. DS-DE 25A (Rev. 5/11), entitled “Candidate Oath – School Board Nonpartisan Office.”

11.6. DS-DE 26 (Rev. 5/11 10/10), entitled, “Judicial Office Candidate Loyalty Oath.”

12.7. DS-DE 26A (Rev. 5/11 10/10), entitled, “Judicial Office Candidate Loyalty Oath – Write-In Candidate.”

13.8. DS-DE 27 (Rev. 5/11 10/10), entitled “Federal Candidate Oath - Candidate with Party Affiliation.”

14.9. DS-DE 27A (Rev. 5/11 10/10), entitled “Federal Candidate Oath - Write-In Candidate.”

15.10. DS-DE 27B (Rev. 5/11 10/10), entitled “Federal Candidate Oath – Candidate with No Party Affiliation.”

16.11. DS-DE 85 (Rev. 10/10), entitled, “Oath of Candidate Write-In for President and Vice President.”

(b) The forms in paragraph (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://election.dos.state.fl.us/forms/index.shtml.

(6) 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.

(7) Qualifying papers filed by a candidate with the qualifying office before the effective date of this rule that satisfy the requirements of applicable qualifying statutes, but which are not on the prescribed forms incorporated by reference in this rule, remain valid as qualifying papers after the effective date of the rule.

Rulemaking Authority 20.05(1)(e), 20.10(3), 97.012(1), 99.061(10), 103.022 FS. Law Implemented 20.05(1)(b), 99.061, 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,_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Gary Holland
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kurt S. Browning
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 5, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 10, 2011