Notice of Development of Rulemaking

DEPARTMENT OF STATE
Division of Elections
RULE NO.: RULE TITLE:
1S-2.030: Absentee Ballots for Overseas Voters
PURPOSE AND EFFECT: This rule deals exclusively with the request, delivery and return of absentee ballots to overseas military and other U.S. citizens who are overseas. The changes focus on updating the rule in four ways. The title of the rule is changed to read as “Absentee Ballots for Overseas Military and Civilian Voters.” Proposed revisions conform to the Military and Overseas Voter Empowerment Act (Public law 111-84) which facilitated voting for military voters and overseas civilian including allowing e-mail to be used to communicate and transmit absentee ballot requests and blank ballots to voters subject to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The proposed revisions also allow an overseas military or civilian registered voter to return via e-mail voted absentee ballots and remove outdated approval process for pilot programs for secured transmission of ballots. The ballot instructions are also amended to conform to sections 38 and 41 of Chapter 2011-40, Laws of Florida, which became effective May 19, 2011. If adopted, these revisions to this rule will not require legislative ratification in order to become effective. No statement of estimated regulatory cost is triggered; therefore none is prepared.
SUBJECT AREA TO BE ADDRESSED: Absentee ballots for overseas (military and civilian) voters.
RULEMAKING AUTHORITY: 20.10(3), 97.012(1), 101.697 FS.
LAW IMPLEMENTED: 101.62, 101.64, 101.65, 101.6923, 101.697 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 18, 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: Eddie Phillips, elphillips@dos.state.fl.us, Administrative Assistant, Office of General Counsel, Department of State, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399-0250, telephone: (850)245-6224. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Maria Matthews, Assistant General Counsel, Office of General Counsel, Florida Department of State, 500 S. Bronough Street, Tallahassee, Florida 32399-0250, (850)245-6536, mimatthews@dos.state.fl.us or David Drury, Chief, Bureau of Voting Systems Certification, drdrury@dos.state.fl.us, (850)245-6200

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.