Purpose


Pursuant to Section 120.54(4)(b), Florida Statutes, this emergency rule is a rule pertaining to the public health, safety, and welfare as it involves the interpretation and implementation of the requirements of Chapters 97-102 and 105 of the Florida Election Code. On May 28, 2010, House Bill 131 was signed into law and became effective immediately. Parts of the bill complemented provisions in the federal Military and Overseas Voting Empowerment Act adopted in October 2009. Both state and federal law contained provisions to facilitate absentee ballot requests and tracking, and to enhance the timely delivery and return of absentee ballots from absent uniformed services members and overseas United States citizens. Specially, the law now expressly allows uniformed services members who are absent stateside due to military duty or assignment to be able to receive an absentee ballot via e-mail or fax. Unlike their overseas colleagues, they have no other option but to return their ballot by mail or have it delivered. In light of the MOVE Act and in anticipation of successful state legislation, the Department of State initiated rulemaking in April 2010. Proposed Rule 1S-2.049, F.A.C., provides the processes for absentee ballot requests, and for delivery and return of such ballot from a uniformed services member or spouse or dependent thereof who is absent from county of residence due to the military duty or assignment. The emergency rule ensures that the Supervisors of Elections all use the same procedures, same format, and same instructions. Moreover, the Supervisors of Elections are required by federal and state law to send out absentee ballots to absent uniformed services members and overseas U.S. no later than 45 days before the primary. However, they additionally need time to send instructions and ballots to the printer beforehand and to develop or redevelop any online absentee ballot request processes to reflect required information. Until proposed Rule 1S-2.049, F.A.C., completes its rulemaking cycle, this emergency rule (which is based upon the same exact language as is in Rule 1S-2.049, F.A.C.) will provide the Supervisors the direction they need.