11791240, 1SER12-01 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 11791240

Notice of Emergency Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Overview

RULE:

1SER12-01

Third-Party Voter Registration Organizations

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

Pursuant to section 120.54(4)(b), Florida Statutes, 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 Florida Election Code. A federal court preliminarily enjoined certain aspects of section 97.0575, Florida Statutes, concerning third-party voter registration organizations.  While regular rulemaking will soon occur for Rule 1S-2.042, this emergency rule is necessary to implement the provisions of the court’s ruling in a timely manner.  The emergency rule removes those procedures that have been enjoined and makes additional clarifications to conform the rule to the court’s decision. The emergency rule will provide third-party voter registration organizations and supervisors of elections the direction they need until Rule 1S-2.042 can complete its normal rulemaking cycle.

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

The Division of Elections is aware of the rulemaking procedures prescribed by Section 120.54, Florida Statutes. That process requires advance notice to the public of intended rules and the opportunity to submit comments on the intended rule, prior to the agency’s adoption of the rule. The time period for general rulemaking takes at least 60 days and will prevent the timely amendment and adoption of a rule needed to apply to ongoing registration activities conducted by third-party voter registrations organizations. In the interim, the provisions of this emergency rule will ensure that organizations and supervisors of elections will be able to comply with the requirements of law based upon a federal court ruling preliminarily enjoining certain provisions of Section 97.0575, Florida Statutes. The Department of State will soon file a notice of proposed rule development for Rule 1S-2.042 with the intent to incorporate the text of this emergency rule through regular rulemaking.

SUMMARY:

This emergency rule revises the procedures used by third-party voter registration organizations to align them a preliminary injunction issued by a federal court.  It restricts the registration requirement to only those organizations who actually collect voter registration applications from voters; eliminates the organization’s registration agent sworn statement form, DS-DE 120;  deletes the requirement for an organization to list its volunteer registration agents on the registration form, DS-DE 119; deletes the requirement for an organization to file a monthly report, DS-DE 123, accounting for voter registration applications; changes the time period from 48 hours to 10 days for the organization to deliver a completed voter registration application to the Division or to a supervisor of elections' office after an applicant delivers the application to the organization; and further refines the procedures for supervisors of elections regarding untimely filed voter registration applications and the procedures for the Secretary of State’s referral of a violation to Florida’s Attorney General.   The emergency rule is necessary to ensure that third-party voter registration organizations and supervisors of elections have the necessary guidance to comply with the preliminary injunction issued by the U.S. District Court.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Gary J. Holland, Assistant General Counsel, Florida Department of State, 500 S. Bronough Street, Tallahassee, Florida 32399; Gary.Holland@dos.myflorida.com; 850-245-6536

PRINT PUBLISH DATE:

8/17/2012 Vol. 38/33

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=1SER12-01&PDate=8/17/2012&Section=4

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.