This new proposed rule is required to incorporate by reference a new form DS-DE 136 entitled “Election Day Absentee Ballot Delivery Affidavit” that the Department of State is required to adopt pursuant to Chapter 2013-57, Laws of Florida. In order ...

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.052Election Day Delivery of Absentee Ballot

PURPOSE AND EFFECT: This new proposed rule is required to incorporate by reference a new form DS-DE 136 entitled “Election Day Absentee Ballot Delivery Affidavit” that the Department of State is required to adopt pursuant to Chapter 2013-57, Laws of Florida. In order for an absentee ballot to be delivered on Election Day, a voter or voter’s designee must first execute this affidavit stating the emergency situation that prevents him or her from voting at his or her polling place on Election Day.

SUMMARY: This rule incorporates form DS-DE 136, which is the affidavit required to be completed when a designee picks up a voter's absentee ballot on election day.

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: This rule will not require legislative ratification 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; it is not likely to have an adverse impact on business competitiveness nor innovation in excess of the statutory threshold; 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), 101.62 FS.

LAW IMPLEMENTED: 101.62(4)(c)5. 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:

DATE AND TIME: Tuesday, November 26, 2013, 11:00 a.m.

PLACE: Room 307, R.A. Gray Building, 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, Department of State, [phone], [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: Jordan Jones, Assistant General Counsel, at [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1S-2.052 Election Day Delivery of Absentee Ballot.

(1) The Department of State is required to adopt a rule for delivery of an absentee ballot on the day of an election.

(2) Form DS-DE 136 (effective 1/2014), entitled “Election Day Absentee Ballot Delivery Affidavit,” is hereby incorporated by reference and available at: (hyperlink to be inserted here). The form is also 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.

(3) The voter or the voter’s designee shall execute Form DS-DE 136 before an absentee ballot may be delivered on the day of an election. Form DS-DE 136 is not required for supervised voting under Section 101.655, F.S.

Rulemaking Authority 20.10(3), 97.012(1), 101.62(4) FS. Law Implemented 101.62 FS. History–New___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jordan Jones, Assistant General Counsel

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 1, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 6, 2013