The proposed changes are to conform to statutory changes requiring three separate affirmation boxes relating to felony conviction status for purposes of voter registration eligibility on Form DS-DE 39. An additional box is added for completeness. ...

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.040:Statewide Uniform Voter Registration Application

PURPOSE AND EFFECT: The proposed changes are to conform to statutory changes requiring three separate affirmation boxes relating to felony conviction status for purposes of voter registration eligibility on Form DS-DE 39. An additional box is added for completeness. Other changes are also made in response to comments provided in rulemaking and to accommodate the additional wording. Rule text is updated to reflect various ways to obtain a voter registration application.

SUMMARY: Makes necessary changes to form regarding felon affirmations, as well as changes based on comments and formatting. Updates where to locate an application.

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.

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.

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, 97.012(1), (2), 97.052

LAW IMPLEMENTED: 97.051, 97.052, 97.053, 97.0535, 97.1031, 98.077, 101.045(2)

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: Candice Edwards at [e-mail] or [phone]. 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: Ashley E. Davis at [e-mail] or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1S-2.040 Statewide Uniform Voter Registration Application.

(1) The Department of State, Division of Elections, is required to adopt by rule a uniform statewide voter registration application for use in this state. Form DS-DE 39, entitled “Florida Voter Registration Application” (eff. 04/2020 10/2013; http://www.flrules.org/Gateway/reference.asp?No=Ref-11950 https://www.flrules.org/Gateway/reference.asp?No=Ref-03171, is hereby incorporated by reference. The form consists of two parts: instructions and information, and a detachable application.

(2) This application is available by request from the Division of Elections at Room 316, R.A. Gray Building, Tallahassee, Florida 32399-0250 or by contacting the Division of Elections at [phone], by download from the Division’s website under the votervotor registration link “For the Voters” at: https://www.dos.myflorida.com http://election.dos.state.fl.us, or by fillable and printable .pdf  at www.registertovoteflorida.gov. or The application is also available at by contacting any supervisor of elections’ office, any tax collector’s office that issues driver licenses, any voter registration agency office, or any entity that issues fishing or hunting licenses.

Rulemaking Authority 20.10, 97.012(1), (2), 97.052 FS. Law Implemented 97.051, 97.052, 97.053, 97.1031, 98.077, 101.045(2) FS. History–New 11-29-05, Amended 1-1-08, 1-2-12, 10-24-13, _____.

 

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: April 22, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 7/23/2019