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, the Governor signed House Bill 131 signed into law and became effective immediately. See Chapter 2010-167, Laws of Florida. Section 4 of the bill amended Section 101.111, Florida Statutes. Specifically, section 4 carved out an exception to voter challenges whereby a voter who has been challenged on the basis of his or her legal residential address still has an opportunity to vote a regular ballot in lieu of a provisional ballot. The poll worker must first give the challenged voter the opportunity to update his or her legal residential address. Then if the voter is in the proper precinct corresponding to the updated address, or directed to the proper precinct, the voter may then vote a regular ballot in lieu of a provisional ballot. Otherwise, the challenged voter will be allowed to vote a provisional ballot. Although the Division of Elections anticipated the passage of HB 131 and incorporated this particular provision as part of the proposed revision for DS-DE #11, Polling Place Procedures Manual, which is incorporated by reference in Rule 1S-2.034, F.A.C., the Division could not move to finalize the proposed rule until the bill became law. Consequently, the effective date of the law fell between the date of the notice of proposed rule on May 21, 2010, and the date of the public hearing on June 22, 2010. The emergency rule contains the same language as the proposed revisions for Rule 1S-2.034, F.A.C. Since this polling place procedures manual is an essential tool used by poll workers at the polls during the early voting period and on Election Day to conduct procedures, the emergency rule is needed to ensure that the Supervisors of Elections’ are able to make this manual available in a timely manner for training and for use during early voting and on Election Day for the Primary Election, and to ensure that poll workers comply uniformly, consistently and timely with the requirements of the new law and other revised procedures relating to voter intake, the handling of overvoted ballots, and persons with disabilities.