The revisions are proposed to conform to requirements in Chapter 2021-11, Laws of Florida pertaining to new requirements for vote-by-mail ballot requests and contents for reports from the county to the State, and to clarify ....

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.043Electronic File Reporting Relating to Vote-by-Mail Ballot Request Information and Early Voting Activity

PURPOSE AND EFFECT: The revisions are proposed to conform to requirements in Chapter 2021-11, Laws of Florida pertaining to new requirements for vote-by-mail ballot requests and contents for reports from the county to the State, and to clarify file specifications and code descriptions.

SUMMARY: This rule sets forth in detail the reporting specifications for activities relating to vote-by-mail requests and early voting

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(3), 101.657(2) FS

LAW IMPLEMENTED: 101.62, 101.657 FS.

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

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: Stephanie Buse at [phone] or [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: Colleen O'Brien at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1S-2.043 Electronic File Reporting Relating to Vote-by-Mail Ballot Request Information and Early Voting Activity.

(1) General applicable provisions. This rule establishes file format specifications, timelines and other content requirements for the electronic compilation, transmission and reporting of vote-by-mail ballot request information and early voting activity. The Supervisors of Elections are responsible for ensuring that the files required under this rule are created or converted into a tab-delimited text file and that the files are transmitted successfully and timely to the Division of Elections.

(2) Definitions. For purposes of this rule:

(a) “FVRS” refers to the Florida Voter Registration System.

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

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

(d) “Election,” except as otherwise expressly stated, means primary and general elections (held in even-numbered years), presidential preference primary elections, 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 ascribed in Section 97.021(16)(15), F.S.

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

(g) “Standing request” means a vote-by-mail ballot request on file from a voter that serves as a request to receive a vote-by-mail ballot for all elections occurring from the date of the initial request through the end of the calendar year for the next second ensuing regularly scheduled general election, and for which the supervisor has yet to determine if the voter is eligible to vote a vote-by-mail ballot in the election.

(3) Vote-by-mail ballot request information files.

(a) Compilation. For each election as defined in paragraph (2)(d), the Supervisor shall compile daily an electronic file that contains the most current information and vote-by-mail ballot request status for each eligible voter in the applicable election. The file shall contain all vote-by-mail ballot requests, but only one record per voter. Each day’s file shall be a complete replacement of the previous day’s file as it relates to the vote-by-mail ballot status for each voter who has requested a vote-by-mail ballot for the applicable election (i.e., the latest status of the voter’s vote-by-mail ballot status shall replace an earlier status of the request). The Supervisor shall create a separate file for each election. The file shall be in the format specified in paragraph (c).

(b) File Transmission. The Supervisor shall electronically transmit the vote-by-mail ballot request information status file described in paragraph (a) to the Division on a continuous daily basis including weekends the electronic file compiled under paragraph (a) no later than 8 a.m., in the time zone of the Supervisor’s office of the day after the day being reported. The daily file shall be transmitted even if there is no new information or activity to report for the applicable election during the required transmission period.

1. For the presidential preference primary election, the first file shall be transmitted 60 days before the election and the last file transmitted on the 15th day after the election.

2. For the primary and general elections, the first file shall be transmitted 60 days before the primary election and the last file transmitted on the 15th day after the general election.

3. For a special election, by operation of Section 100.191, F.S., the first file shall be transmitted 60 days before the special primary, or if the order calling for the special election occurs less than 60 days before the special primary, no later than two business days after the Division provides the Supervisor the election identifications for the special primary and special election, and the last file transmitted on the 15th day after the special election.

(c) File specifications.

1. Each file shall be created or converted into a tab-delimited text file.

2. Quotes shall not be used to enclose alphanumeric data.

3. For each registered voter’s record, the address included shall be the mailing address on the voter’s record to which the voter has requested the ballot to be sent.

4. The file shall not contain any information protected from public disclosure under federal or state law including any iInformation protected pursuant to Section 97.0585, F.S., relating to Florida driver license, state identification and/or social security number, Section 119.071(4)(d)1.-2.,F.S., relating to high-risk professionals, and Section 119.071(5), relating to social security numbers.from public record disclosure shall not be included for any voter who has a valid exemption from public disclosure under Florida law. An * shall be placed in any field within the file where the information is not included due to it being protected from public record disclosure.

5. Information required by statute and other information deemed necessary by Tthe Supervisor shall provide the information for each record as shall be submitted in the format specified in Form DS-DE 145 (eff. ___/____11/2015) (insert new hyperlink https://www.flrules.org/Gateway/reference.asp?No=Ref-06150).

6. File names shall adhere to the following convention:

a. Three character county identifier followed by underscore.

b. Followed by three character file type identifier followed by an underscore (‘ABL’ = Vote-by-Mail Request List).

c. Followed by FVRS election ID followed by an underscore.

d. Followed by Date Created (format YYYYMMDD) followed by an underscore.

e. Followed by Time Created (format HHMMSS).

f. Followed by ‘.txt’.

g. Example: LEO_ABL_10217_20140810_001000.txt.

(d) Public access.

1. Any person or entity authorized under Section 101.62, F.S., may access online daily county files of vote-by-mail ballot request information as directly received from the Supervisor and posted on the Division’s website. In order to access this information, a person or entity authorized under Section 101.62, F.S., must first submit an online request application at:  https://countyballotfiles.floridados.gov/Account/Register, Form DS-DE 146, Application to Obtain Vote-by-Mail Ballot Request Information (eff. __/____11/2015 (insert new hyperlink  (https://www.flrules.org/Gateway/reference.asp?No=Ref-06176).

a. The Division shall then assign a login account. Authorization for access is only valid through the earlier of the end of the general election year in which authorization was initially granted or until the person or entity is no longer statutorily entitled to the information, whichever is applicable.

b. All login accounts for access automatically expire at the end of each general election year and if the person or entity remains eligible and wishes to receive the information for future elections, the person or entity must reapply.

2. An individual voter requesting access to his or her personal vote-by-mail ballot request information must obtain such information directly from the Supervisor of his or her county of residence.

(4) Early voting activity history files.

(a) Compilation.

1. Early voting summary file. During each day of the early voting period, the Supervisor shall make available the total number of voters casting a ballot at each early voting location during the previous day.

2. Early voting voters list file. For each election as defined in subsection (2), the Supervisor shall compile and make available an electronic file that contains in accordance with the specifications in paragraph (c), a list of the individual voters who cast a ballot at each early voting location for the election up through the last day being reported.

(b) File transmission. The Supervisor shall transmit to the Division the early voting voters list electronic file in subparagraphs subparagraph (a)1. and 2., by 8 a.m., if practicable, but no later than 12:00 noon in the time zone of the Supervisor’s office of the day after the day being reported. The files shall be sent daily even if there is no new information or activity to report. The first files shall be sent the day after the early voting period begins and the last files shall be sent the day after the early voting period ends for that respective election in that county.

(c) File specifications.

1. The files shall be created in or converted into a tab-delimited text file format.

2. Alphanumeric data shall not be enclosed in quotes.

3. The files shall not contain any iInformation protected pursuant to an exemption requested under Section 119.071(4)(d)1.-2., F.S..from public record disclosure shall not be included for any voter who has a valid exemption from public disclosure under Florida law. An * shall be placed in any field within the file where the information is not included due to it being protected from public record disclosure.

4. Information required by statute and any other information for the each record shall be submitted in the format specified in Form DS-DE 147 (eff. 12/13/2015)(insert new link) (https://www.flrules.org/Gateway/reference.asp?No=Ref-06151).

5. File names shall adhere to the following convention:

a. Three character county identifier followed by underscore.

b. Followed by three character file type identifier followed by an underscore (‘EVL’ = Early Voting List).

c. Followed by FVRS election ID followed by an underscore.

d. Followed by Date Created (format YYYYMMDD) followed by an underscore.

f. Followed by Time Created (format HHMMSS).

g. Followed by ‘.txt’.

h. Example: LEO_EVL_10217_20140810_001000.txt.

(d) Public access. The Division shall post the files as received during the requisite reporting period to its public website.

(5) All forms mentioned in this rule are incorporated by reference and are available by contacting the Florida Department of State, Division of Elections, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, [phone], or by access to the Division website.

Rulemaking Authority 20.10(3), 97.012(1), 101.62(3), 101.657(2) FS. Law Implemented 101.62, 101.657 FS. History–New 2-4-10, Amended 10-27-10, 12-13-15, ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Maria Matthews, Director, Division of Elections

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Laurel M. Lee, Secretary of State

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 8, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 29, 2021