Clear Indication of Voter's Choice on a Ballot  

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    DEPARTMENT OF STATE
    Division of Elections

    RULE NO: RULE TITLE
    1S-2.027: Clear Indication of Voter's Choice on a Ballot

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34, No. 24, June 13, 2008 issue of the Florida Administrative Weekly.

    The changes are made in response to an Amended Petition for a Determination of Invalidity submitted to the Division of Administrative Hearing on July 18, 2008 (Florida Democratic Party v. Department of State/Division of Elections, Case No. 08-3485RP) which is now closed as of August 4, 2008, due to a settlement. The summary of the substantive changes made to the proposed rule text is as follows:

    (1) Subsection (1) is revised to re-insert existing language that states that the standards in the rule apply in a manual recount as provided specifically by Section 102.166, F.S.

    (2) Subsection (6) is revised to clarify that except as otherwise provided in subsections (4) and (5) of the proposed rule, an overvote will not count as valid.