Purpose


Pursuant to Section 120.54(4)(b), Florida Statutes, and its provisions regarding chapters in the Florida Election, 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 Election Code. On May 19, 2011, House Bill 1355 was signed into law and became effective immediately. While regular rulemaking has been ongoing for Rule 1S-2.042, F.A.C., since the enactment of HB1355, this emergency rule is necessary to replace what Emergency Rule 1SER11-01 implemented in response to the law changes until Rule 1S-2.042 is finally adopted. This emergency rule is not a renewal of Rule 1SER11-01. Changes have been made in the rule and its incorporated forms based upon comments received at a workshop held for Rule 1S-2.042, F.A.C. This emergency rule is identical to the contents of Proposed Rule 1S-2.042, F.A.C., which was noticed on July 15, 2011. This emergency rule ensures uniformity across the state in the statutory-mandated procedures for voter registration applications provided to and received from third-party voter registrations organizations. House Bill 1355 amended the requirements for the registration of third-party voter registrations organizations; instituted new requirements for an accounting of voter registration forms provided to and received from third-party voter registrations organizations; deleted quarterly reports by the organizations; and revised the enforcement provisions for violations of the statute. The emergency rule implements the statutory requirement for registration in an electronic format, adopts forms for use by organizations and supervisors of elections to account for an organization’s voter registration applications, and removes now outdated language from existing Rule 1S-2.042, F.A.C. The emergency rule will provide third-party voter registration organizations and supervisors of elections the direction they need until Rule 1S-2.042, F.A.C., completes its rulemaking process. Absent this emergency rule, an adverse effect will exist on the conduct of the voter registration process because the registration process by third-party voter registration organizations will not be as mandated by Florida law. For the foregoing reasons, the Department of State finds that the adoption of this emergency rule is necessary to prevent an immediate danger to the public health, safety, and welfare.