Notice of Proposed Rule

DEPARTMENT OF STATE
Division of Elections
RULE NO.: RULE TITLE:
1S-2.002: Placement of Races on Primary Ballots
PURPOSE AND EFFECT: This rule, last amended in 2003, is obsolete as a result of 2004 changes made to Rule 1S-2.032, Florida Administrative Code, relating to the uniform content and style layout standards for primary and general election ballots, and subsequent legislative changes to elections results reporting under Sections 98.0981, F.S., and 102.141, F.S. If adopted, no legislative ratification is triggered.
SUMMARY: Repeal of obsolete rule relating to placement of races on primary ballots and tabulation requirements for universal primary contests.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. An SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 20.10(3), 97.012, 101.015(3), 101.151(8) FS.
LAW IMPLEMENTED: 101.015, 101.151 FS., Art. VI, Section 5(b) of the Florida Constitution.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: July 25, 2011, 1:00 p.m.
PLACE: Room 307, R.A. Gray Building, Florida Department of State, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: David Drury, Chief, Bureau of Voting System Certification, Division of Elections, Florida Department of State, R.A. Gray Building, Tallahassee, Florida 32399, (850)245-6200, e-mail at: drdrury@dos.state.fl.us, or Maria Matthews, Assistant General Counsel, Florida Department of State, General Counsel’s Office, R.A. Gray Building, Tallahassee, Florida 32399, (850)245-6536, e-mail: mimatthews@dos.state.fl.us. The preliminary text is available upon request, by contacting one of the named persons listed above, or is also accessible via the Division of Elections’ webpage at: http://election.dos.state.fl.us/rules/rules-index.shtml. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David Drury, Chief, Bureau of Voting System Certification, Division of Elections, Florida Department of State, R.A. Gray Building, Tallahassee, Florida 32399, (850)245-6200; e-mail at: drdrury@dos.state.fl.us, or Maria Matthews, Assistant General Counsel, Florida Department of State, General Counsel’s Office, R.A. Gray Building, Tallahassee, Florida 32399, (850)245-6536, e-mail: mimatthews@dos.state.fl.us. The preliminary text is available upon request, by contacting one of the named persons listed above, or is also accessible via the Division of Elections’ webpage at: http://election.dos.state.fl.us/rules/rules-index.shtml

THE FULL TEXT OF THE PROPOSED RULE IS:

1S-2.002 Placement of Races on Primary Ballots.

Rulemaking Specific Authority 101.015 FS. Law Implemented Article VI, Section 5(b) of the Florida Constitution. History–New 10-22-00, Amended 10-29-03, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Gisela Salas, Division of Elections
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kurt S. Browning, Secretary of State, Florida Department of State
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 20, 2011