111082, 1S-2.037 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 111082

Notice of Proposed Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Chapter:

ELECTIONS

Overview

RULE:

1S-2.037

Provisional Ballots

PURPOSE:

The purpose of the proposed rule amendment is to adopt permanently the provisions of emergency rule 1SER06-1, entitled, “Exception for Provisional Ballots-Sequoia Touch Screen” which was adopted on January 29, 2006, and expires on April 27, 2006.  The emergency rule had been adopted subsequent to a finding by the Bureau of Voting Systems Certification that identified a significant obstacle with the application of Rule 1S-2.037, F.A.C., and the incorporated forms during the Bureau’s testing of the Sequoia Voting System for compliance with the disability accessibility requirements of Title III of the Help America Vote Act and Section 101.56062, Florida Statutes. Rule 1S-2.037, F.A.C., and the incorporated forms as applied to the Sequoia Touch Screen Voting System could not ensure the secrecy of the provisional ballot as required under state and federal law. If the forms were used, the provisional ballot identification number included on the certificate and affirmation would reveal a link between the identity of the voter and the vote cast when ballot image reports are generated. This problem was confirmed by the vendor for the Sequoia Touch Screen Voting System. At least four counties Pinellas, Indian River, Palm Beach and Hillsborough were potentially at risk but the adoption of the emergency rule.
The proposed rule amendment are necessary to continue to ensure that procedures and forms protect the secrecy of provisional ballots cast by voters in those counties using the Sequoia Touch Screen Voting System beyond the expiration date of the emergency rule.
The proposed rule contains the same text as the emergency rule which provides specific procedures and forms to be followed and used for provisional ballots in counties that use the Sequoia Touch Screen Voting System.

SUMMARY:

The proposed rule amendment provides the procedures and forms to be used for provisional ballots in counties that use the Sequoia Touch screen Voting System.

RULEMAKING AUTHORITY:

101.048 FS.

LAW:

101.049 FS.

PRINT PUBLISH DATE:

3/10/2006 Vol. 32/10

COMMENTS:

From 3/10/2006 To 3/31/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.