Rule 1S-2.043 is being amended to delete language relating to post-election electronic reporting requirements. New rule 1S-2.053 will include the post-election requirements which would otherwise have been included (and amended) in rule 1S-2.043.

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.053Election Results and Precinct-Level Reporting

PURPOSE AND EFFECT: Rule 1S-2.043, F.A.C., is being amended to delete language relating to post-election electronic reporting requirements. New Rule 1S-2.053 will include the post-election requirements which would otherwise have been included (and amended) in Rule 1S-2.043.

SUMMARY: This rule relates to elections and electronic file reporting by the supervisors of elections.

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: Legislative ratification will not be required 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; 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), 98.0981(5), 101.141(4), (10) FS.

LAW IMPLEMENTED: 98.0981, 102.141 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, September 15, 2014, 12:00 Noon

PLACE: Room 307, R.A. Gray Building, Department of State, 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 at [e-mail] or [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).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jordan Jones, Assistant General Counsel, at [e-mail] or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1S-2.053 Election Results and Precinct-Level Reporting.

(1) General provisions. This rule establishes file format specifications, timelines and other content requirements for the electronic compilation, transmission, and reporting of election results and precinct-level election results. The Supervisors of Elections are responsible for ensuring that the files required under this rule are created or converted into the prescribed format and that the files are transmitted successfully and timely to the Division of Elections.

(2) Definitions. For purposes of this rule:

(a) “All ballots cast” means cast by voters who cast a ballot whether at a precinct location, by absentee ballot including overseas absentee ballots, during the early voting period, or by provisional ballot.

(b) “Supervisor” refers to the county Supervisor of Elections.

(c) “Division” refers to the Division of Elections.

(d) “Election” means primary and general elections (held in even-numbered years), presidential preference primary elections, and special primary and special elections held pursuant to Section 100.101, F.S. This rule does not apply to municipal, local referendum, or special district elections.

(e) “General election” has the meaning set forth in Section 97.021(15), F.S.

(f) “Primary election” has the meaning set forth in Section 97.021(28), F.S.

(3) Election results reporting. 

(a)  Compilation. For each election as defined in subsection (2), the Supervisor may use the supplemental export utility for the county’s voting system to create the summary election results in an XML format.  If a supplemental export utility has not been created for the voting system used by the county, then the county can use the voting systems export function to create the summary election results. 

(b) Submission. After the polls close on the day of the election, the county canvassing board shall submit the election results to the Division at the times set forth in Section 102.141, F.S., by entering the results at the website, https://enightsoe.elections.myflorida.com, or uploading the file via the Division’s enight SOE web service after obtaining user credentials from the Division.  For all voting systems that have XML capability via a supplemental export utility, the election results reported to the Division must be in the format prescribed by this rule.

(c) XML File specifications.

1. For any election before July 1, 2015, the county canvassing board may use the specifications for reporting election results defined in DS-DE 137 (eff. 07/2014) (insert hyperlink), entitled, “Florida Election Results XML Schema Reference, Version 2.1.” The election results may  be reported in the XML format as specified in DS-DE 138 (eff. 07/2014) (insert hyperlink), entitled, “XML Schema for Election Results Reporting, Version 2.1” or may be reported in the format used to report the election results for the 2012 general election. 

2. For any election on or after July 1, 2015, the specifications for reporting election results are defined in DS-DE 137 (eff. 07/2015) (insert hyperlink), entitled, “Florida Election Results XML Schema Reference, Version 3.0.” The election results shall be reported in the XML format as specified in DS-DE 138 (eff. 07/2015) (insert hyperlink), entitled, “XML Schema for Election Results Reporting, Version 3.0.”

(4)  Elections results database export file.

(a) Compilation. For each election as defined in subsection (2), the Supervisor shall use the file export function in the county’s voting system to create a file that includes the results from the database of the county’s voting system used in the election.

(b) Submission. The Supervisor shall file with the Division a copy of the results export file for the applicable election by transmitting the file at the same time that the official results of the election are certified. The file shall be submitted using the file transfer utility website at https://soefileutil.elections.myflorida.com/. If the site is not available, then the file may be uploaded to the secure file transfer protocol (SFTP) at: sftp2.dos.state.fl.us or emailed to: [e-mail].

(5) Precinct-level election results reports.

(a) Compilation. For each election as defined in subsection (2), the Supervisor shall use the supplemental export utility for the county’s voting system to create the precinct-level results in the prescribed format. If a supplemental export utility has not been created for the voting system used by the county, then the county can use the voting systems export function to create the precinct-level results. The Supervisor shall aggregate and record for each precinct the total number of ballots cast by all voters voting in the election, with subtotals for each candidate and ballot type. If a precinct has a group with less than 10 votes, the Supervisor shall report zero votes in all groups except in the “Total Votes” group for that precinct.  For results submitted in XML, the Division, as a courtesy, will transform the XML results file into the ASCII file format prescribed by statute for the legislature. If the county’s system does not have the capability of producing the XML results, then they shall submit the results in the ASCII file format prescribed by statute and the Division will supply the county with the any data items needed to create the file.

(b) Submission. The Supervisor shall electronically submit precinct-level election results, including summary results, to the Division no later than noon Eastern Time on the 30th day after certification of the election by the Elections Canvassing Commission by entering the results at the website: https://soefileutil.elections.myflorida.com.

(c) XML File specifications.

1. For any election before July 1, 2015, the Supervisor may use the specifications for reporting election results defined in DS-DE 137 (eff. 07/2014) (insert hyperlink), entitled, “Florida Election Results XML Schema Reference, Version 2.1.” The election results may be reported in the XML format as specified in DS-DE 138 (eff. 07/2014) (insert hyperlink), entitled, “XML Schema for Election Results Reporting, Version 2.1” or may be reported in the format used to report the precinct-level election results for the 2012 general election. 

2. For any election on or after July 1, 2015, the specifications for reporting election results are defined in DS-DE 137 (eff. 07/2015) (insert hyperlink), entitled, “Florida Election Results XML Schema Reference, Version 3.0.” The election results shall be reported in the XML format as specified in DS-DE 138 (eff. 07/2015) (insert hyperlink), entitled, “XML Schema for Election Results Reporting, Version 3.0.”

(6) The forms mentioned in this rule are hereby incorporated by reference and 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 of Elections’ rules webpage at: http://election.dos.state.fl.us/index.html.

Rulemaking Authority 20.10(3), 97.012(1), 98.0981(5), 102.141(4), (10) FS. Law Implemented 98.0981, 102.141 FS. History–New__________.

 

Editorial Note: This rule originated from former 1S-2.043(5) and (6), dated 10-27-10.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jordan Jones

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 22, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 27, 2014