The proposed changes are to update the rule to conform to the changes in chapter 2022-109, Laws of Florida, which removed the limitation on specific types of vote target in s. 101.151, FS, to eliminate examples of vote targets ....

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.027Standards for Determining Voter’s Choice on a Ballot

PURPOSE AND EFFECT: The proposed changes are to update the rule to conform to the changes in chapter 2022-109, Laws of Florida, which removed the limitation on specific types of vote target in s. 101.151, FS, to eliminate examples of vote targets not currently certified as part of voting systems, and to clarify circumstances for determining voter intent in ballot duplication and recounts based on feedback from county canvassing boards.

SUMMARY: Standards for Determining Voters’ Choice on a Ballot

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 Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based on this information, the department determined there will be no adverse impact to small businesses and the potential regulatory costs of the proposed rule chapter does not exceed any of the criteria established in Section 120.541(2)(a), F.S. Additionally, no interested party submitted additional information regarding the economic impact.

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: Upon completion of a checklist, it was determined that this rule amendment will not have a direct or indirect adverse impact on small businesses.

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, 97.012(1)-(2), 101.62(3), FS

LAW IMPLEMENTED: 101.62, FS

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: 10:00 a.m., May 30, 2024

PLACE: Heritage Hall (Department of State Auditorium), R.A. Gray Building, 500 S. Bronough St., Tallahassee, FL 32399. Call-in also available at: 1(888)585-9008; Conference Room # 201-297-717.

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: Jenna McLanahan at [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: Genevieve McNalis at [e-mail] or at [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 1S-2.027 follows. See Florida Administrative Code for present text.

1S-2.027 Standards for Determining Voter's Choice on a Ballot Intent

(1) The Department of State, Division of Elections, is required to adopt by rule standards for determining a voter’s choice on a ballot under prescribed circumstances for ballot duplication under section 101.5614 and recounts under section 102.166, F.S.   Form DS-DE 420(effective MM/YYYY), entitled “Standards for Determing Voter’s Intent,” contains the standards to be applied and is hereby incorporated by reference and available at the following link: (Link).

(2)  Form DS-DE 420 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: https://dos.fl.gov/elections/.

Rulemaking Authority 20.10(3), 97.012, 101.5614, 102.141(7)(d), 102.166, 102.166(4) FS. Law Implemented 101.5614(4),(5),(6), 102.166(4), FS. History–New 6-6-02, Amended 10-6-08, ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Maria Matthews

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cord Byrd

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 7, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 12/13/23