23111528, 1SER20-2 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 23111528

Notice of Emergency Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Overview

RULE:

1SER20-2

Candidate Petition Process

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

A public health emergency and state of emergency have been ordered or declared by the Governor in Executive Orders No. 20-51 and 20-52 for the entire state in response to the COVID-19 virus.  These and other orders and guidance limit person-to-person contact in various ways to prevent the spread of the virus, which makes it more difficult to collect original signed petitions in order to access the ballot by the petition method pursuant to section 99.095, Fla. Stat., and Rule 1S-2.045, F.A.C.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Division has received comments and concerns from candidates currently circulating petitions for ballot access.  The state of emergency, orders, and guidance are quickly evolving over time.  Permitting circulation and collection of candidate petitions by means other than personal contact prevents spread of the virus, while maintaining the petition method of ballot access for candidates, and supporting the state’s important interests in the process as well.  The Division of Elections is aware of the rulemaking procedures prescribed by Section 120.54, Florida Statutes, but due to the immediate and evolving nature of the state of emergency, regular rulemaking is too lengthy in both adoption and effect.

SUMMARY:

Removes the requirement that the voter’s signature on a candidate petition be an “original, ink signature” so that signed petitions can be collected without person-to-person contact.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Ashley E. Davis at (850) 245-6536 or ashley.davis@dos.myflorida.com.

PRINT PUBLISH DATE:

4/3/2020 Vol. 46/66

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=1SER20-2&PDate=4/3/2020&Section=4

REFERENCE MATERIALS:

No reference(s).

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