This rule will amend the incorporated polling place procedures manual to require statewide Spanish-language assistance at the polls because the state's Puerto Rican American population has increased since the devastation of Hurricane Maria in ...

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.034Polling Place Procedures Manual

PURPOSE AND EFFECT: This rule will amend the incorporated polling place procedures manual to require statewide Spanish-language assistance at the polls because the state's Puerto Rican American population has increased since the devastation of Hurricane Maria in September 2017, but there is currently no uniformity in Spanish-language assistance. The manual will also be updated to reflect statutory changes, including additional forms of identification at polling places and substitution of the term “vote-by-mail ballot” for the term “absentee ballot,” and address circumstances encountered by voters and poll workers in past elections.

SUMMARY: Updating the polling place procedures manual.

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. Based on a SERC checklist prepared by the agency, 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), 102.014(5), FS.

LAW IMPLEMENTED: : 97.055, 97.061, 98.461, 100.011, 100.061, 101.021, 101.031, 101.043, 101.045, 101.048, 101.049, 101.051, 101.111,101.131, 101.23, 101.49, 101.5601, 101.5608, 101.5610, 101.5611, 101.5614, 101.56062, 101.56075, 101.69, 102.012, 102.014, 102.031, 104.20, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ashley E. Davis at [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1S-2.034 Polling Place Procedures Manual.

 The Department of State, Division of Elections, is required to create a polling place procedures manual to guide election officials and poll workers in the proper implementation of election procedures and laws. Form DS-DE 11 (effective XX/2020 06/2014), entitled “Polling Place Procedures Manual,” is hereby incorporated by reference and available at the following link: [insert new hyperlink]https://www.flrules.org/Gateway/reference.asp?No=Ref-04186. 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://dos.myflorida.com/elections/ ttp://election.dos.state.fl.us/index.html.

Rulemaking Authority 20.10(3), 97.012(1), 102.014(5) FS. Law Implemented 97.055, 97.061, 98.461, 100.011, 100.061, 101.021, 101.031, 101.043, 101.045, 101.048, 101.049, 101.051, 101.111, 101.131, 101.23, 101.49, 101.5601, 101.5608, 101.5610, 101.5611, 101.5614101.5617, 101.56062, 101.56075, 101.69, 102.012, 102.014, 102.031, 104.20 FS. History–New 7-4-02, Amended 1-25-04, 3-16-06, 1-1-08, 8-13-08, 8-25-10, 1-18-12, 6-19-14, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Maria Matthews

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Laurel M. Lee

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 1/10/2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 25, 2019 and July 23, 2019