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Section I Notices of Development of Proposed Rules and Negotiated

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Section I Notices of Development of Proposed Rules and Negotiated Florida Administrative Weekly Volume 34, Number 17, April 25, 2008 Section I workers during the early voting period and election day. The Notices of Development of Proposed Rules changes are necessary to effectuate the changes to the Florida Election Code with the enactment of Chapter 2007-30, Laws of and Negotiated Rulemaking Florida, that affect provisions in the manual relating to but not limited to ballot accounting, voting by persons with DEPARTMENT OF STATE disabilities, and provisional ballot voters. Division of Elections SUBJECT AREA TO BE ADDRESSED: Polling Place RULE NO.: RULE TITLE: Procedures. 1S-2.027 Clear Indication of Voter’s Choice on SPECIFIC AUTHORITY: 20.10(3), 97.012(1), 102.014(5) FS. a Ballot LAW IMPLEMENTED: 102.014(5) FS. PURPOSE AND EFFECT: The purpose of the amendments to A RULE DEVELOPMENT WORKSHOP WILL BE HELD the rule is to clarify the criteria or standards for determining AT THE DATE, TIME AND PLACE SHOWN BELOW: whether a voter has clearly indicated his or her choice on a DATE AND TIME: Monday, May 12, 2008, 2:00 p.m. ballot for purposes of a manual recount or other event requiring PLACE: Room 307, R. A. Gray Building, Florida Department such determination. The amendments to the rule add samples of State, 500 S. Bronough Street, Tallahassee, Florida 32399 of the votes that will or will not count to facilitate the Pursuant to the provisions of the Americans with Disabilities determination by the county or local canvassing board. Act, any person requiring special accommodations to SUBJECT AREA TO BE ADDRESSED: Clear Indication of a participate in this workshop/meeting is asked to advise the Voter Choice on a Ballot. agency at least 5 days before the workshop/meeting by SPECIFIC AUTHORITY: 20.10(3), 97.012(1), 102.166 FS. contacting: Nolah Shotwell, Office of General Counsel, LAW IMPLEMENTED: 102.166 FS. Florida Department of State at: [email protected] or A RULE DEVELOPMENT WORKSHOP WILL BE HELD (850)245-6536. If you are hearing or speech impaired, please AT THE DATE, TIME AND PLACE SHOWN BELOW: contact the agency using the Florida Relay Service, DATE AND TIME: Monday, May 12, 2008, 2:00 p.m. 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). PLACE: Room 307, R.A. Gray Building, Florida Department THE PERSON TO BE CONTACTED REGARDING THE of State, 500 S. Bronough Street, Tallahassee, Florida 32399 PROPOSED RULE DEVELOPMENT AND A COPY OF Pursuant to the provisions of the Americans with Disabilities THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Maria Act, any person requiring special accommodations to Matthews, Assistant General Counsel, Florida Department of participate in this workshop/meeting is asked to advise the State at: [email protected] or (850)245-6536, or agency at least 5 days before the workshop/meeting by Donald Palmer, Director, Division of Elections, Florida contacting: Nolah Shotwell, Office of General Counsel, Department of State at: [email protected] or Florida Department of State at: [email protected]; (850)245-6200 (850)245-6536. If you are hearing or speech impaired, please THE PRELIMINARY TEXT OF THE PROPOSED RULE contact the agency using the Florida Relay Service, DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE CONTACT PERSON LISTED ABOVE. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF DEPARTMENT OF STATE THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Maria Division of Elections Matthews, Assistant General Counsel, Florida Department of RULE NO.: RULE TITLE State at [email protected]; (850)245-6536, or 1S-2.042 Third-Party Voter Registration Donald Palmer, Director, Division of Elections at: DL Organizations [email protected] or (850)245-6200 PURPOSE AND EFFECT: The primary purpose of the THE PRELIMINARY TEXT OF THE PROPOSED RULE proposed new rule is to implement law regarding third-party DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM voter registration organizations consistent with the THE CONTACT PERSON LISTED ABOVE. requirements of Chapters 2005-278 and 2007-30, Laws of Florida. DEPARTMENT OF STATE SUBJECT AREA TO BE ADDRESSED: Third-party voter Division of Elections registration organizations. RULE NO.: RULE TITLE: SPECIFIC AUTHORITY: 20.10(3), 97.0575(1), (4), (8) FS. 1S-2.034 Polling Place Procedures Manual LAW IMPLEMENTED: 97.021(36), 97.0575 FS. PURPOSE AND EFFECT: The changes proposed are to the A RULE DEVELOPMENT WORKSHOP WILL BE HELD polling place procedures manual, DS-DE 11, incorporated by AT THE DATE, TIME AND PLACE SHOWN BELOW: reference in the rule, and which is used as a guide for poll Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 2183 Florida Administrative Weekly Volume 34, Number 17, April 25, 2008 DATE AND TIME: Monday, May 12, 2008, 2:00 p.m. (c) The Division of Elections shall assign a unique PLACE: Room 307, R. A. Gray Building, 500 South Bronough identification number to the third-party voter registration Street, Tallahassee, Florida 32399-0250 organization and shall provide the identification number to the Pursuant to the provisions of the Americans with Disabilities organization’s registered agent. Act, any person requiring special accommodations to (d) A third-party voter registration organization shall use participate in this workshop/meeting is asked to advise the Form DS DE 106 to update or withdraw its registration. The agency at least 5 days before the workshop/meeting by third-party voter registration organization shall submit the contacting: Gary J. Holland, Assistant General Counsel, Office updated DS DE 106 within 10 days of the effective date of any of General Counsel, Department of State, R. A. Gray Building, change. 500 S. Bronough Street, Tallahassee, FL 32399-0250; (3) Voter Registration Drive Quarterly Report. telephone: (850)245-6536; e-mail: [email protected]. (a) A third-party voter registration organization shall use If you are hearing or speech impaired, please contact the Form DS DE 107 to file a report with the Division of Elections agency using the Florida Relay Service, 1(800)955-8771 at the end of each calendar quarter providing the date and (TDD) or 1(800)955-8770 (Voice). location of any organized voter registration drives conducted in THE PERSON TO BE CONTACTED REGARDING THE the preceding calendar quarter. If the third-party voter PROPOSED RULE DEVELOPMENT AND A COPY OF registration organization did not conduct an organized voter THE PRELIMINARY DRAFT IS: Gary J. Holland, Assistant registration drive in the preceding calendar quarter, the General Counsel, Office of General Counsel, Department of organization need not file Form DS DE 107 for that quarter. State, R. A. Gray Building, 500 S. Bronough Street, (b) “Organized voter registration drive” means any voter Tallahassee, FL 32399-0250; telephone: (850)245-6536; registration activity that is coordinated with, or directed by, a e-mail: [email protected] third-party voter registration organization and where one or more persons solicit or collect voter registration applications THE PRELIMINARY TEXT OF THE PROPOSED RULE on behalf of the third-party voter registration organization. DEVELOPMENT IS: (c) The quarterly reports shall be filed no later than April 1S-2.042 Third-Party Voter Registration Organizations. 15, July 15, October 15, and January 15 to cover the preceding (1) Forms. The following forms are hereby incorporated calendar quarter, respectively. If a due date falls on a Saturday, by reference and available from the Division of Elections, R.A. Sunday or legal holiday, the report is due on the next day Gray Building, Room 316, 500 South Bronough Street, which is not a Saturday, Sunday or legal holiday. Tallahassee, Florida 32399-0250, by contact at (850)245-6200, (4) Voter Registration Applications Submitted by a or by download from the Division of Elections’ rules webpage Third-Party Voter Registration Organization. The following at: http://election.dos.state.fl.us/index.html: procedures apply in processing voter registration applications (a) Form DS DE 106 (eff. ___/____), entitled “Third-Party submitted by a third-party voter registration organization: Voter Registration Organization Registration Form.” (a) When submitting a completed voter registration (b) Form DS DE 107 (eff. ___/____), entitled “Quarterly application by hand-delivery, mail, or other means, a Report Form for Organized Voter Registration Drives by third-party voter registration organization shall clearly indicate Third-Party Voter Registration Organization.” its identification number (or for a third-party voter registration (c) Form DS DE 108 (eff. ___/____), entitled “Form for organization that fails to register in accordance with Section Complaint Against Third-Party Voter Registration 97.0575(1), F.S., its name and complete mailing address) on Organization.” each voter registration application in the right hand side of the bottom margin on either Form DS-DE 39, entitled, “Florida (2) Registration. Voter Registration Application,” incorporated by reference in (a) A third-party voter registration organization shall Rule 1S-2.040, F.A.C.; on the National Mail Voter Registration complete and file Form DS DE 106 with the Division of Form; or on the Federal Post Card Application, as applicable. Elections prior to conducting any voter registration activities. The third-party voter registration organization shall preface its If the third-party voter registration organization is an affiliate identification number on the form with “3d PVRO #,” which of another organization (e.g., state or national), the third-party stands for Third Party Voter Registration Organization voter registration organization shall file Form DS DE 106 even Number. if its affiliated organization filed a separate form for its own (b) The Division of Elections or the voter registration voter registration activities.
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