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. See Chapter 2010-167, Laws of Florida. Section 7 of the bill amended Section 101.62, Florida Statutes. Specifically, it imposed a timeframe in which Supervisors of Elections must update and make available absentee ballot request information to those persons and entities authorized by statute and to the Department of State through electronic upload. Up until the new law, the law was silent and the timeframe for providing the absentee ballot request information was prescribed in rule. Rule 1S-2.043, F.A.C., required the information be updated daily and made available for a period to start 45 days before an election or from the time the first absentee ballots are mailed, whichever was earlier, and to end 10 days after an election. The new law requires absentee ballot request information to be made available daily for a continuous period beginning 60 days before a primary election and ending 15 days after the general election. The emergency rule is needed to ensure that the Supervisors of Elections’ comply uniformly, consistently and timely with the requirements of the new law for reporting absentee ballot request information for primary and general elections. This rule is also necessary because the Supervisors of Elections are also required to provide absentee ballot request information through an electronic upload to the Florida Department of State who in turn makes it available on a statewide basis through a protected site to those persons and entities authorized under Section 101.62(3), F.S. to access this information. This emergency rule establishes the timeframe for compiling, making available and transmitting absentee ballot request information to conform with the timeframe in state law pending formal rule adoption to the existing Rule 1S-2.043, F.A.C. This will ensure that specified political entities, election officials and political candidates will be able to access information for elections and campaign purposes.