Notice of Proposed Rule

DEPARTMENT OF STATE
Division of Elections
RULE NO: RULE TITLE
1S-2.034: Polling Place Procedures Manual
PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to revise the polling place procedures manual (that is incorporated by reference) to reflect changes regarding election procedures at the polls as set forth in chapter law 2007-30, Laws of Florida. The proposed manual provides guidance to election officials and poll workers on voting activities. The manual is used both for voting and election administration activities during the early voting period and on election day. The proposed revisions to the manual includes clarification on the set up of accessible voting equipment, photography, exit polling exception to the no-solicitation provision, elimination of an employee’s badge and a buyer’s card to satisfy the identification requirements at the polls, proper precinct for voting, the timeframe in which a provisional ballot voter has to present evidence of eligibility, and touch screen devices with optical scan ballot marking and printing capability. Reformatting changes are also made.
SUMMARY: The amendments are made to Form DS-DE #11, entitled “The Polling Place Procedures Manual,” which is incorporated by reference in the rule. The changes conform the manual to recent legislative changes affecting voting and election procedures at the polls on election day and during the early voting period.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 20.10, 97.012, 102.014(5) FS.
LAW IMPLEMENTED: 102.014(5) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Monday, August 20, 2007, 2:00 p.m.
PLACE: Florida Heritage Hall, Plaza Level, R.A. Gray Building, Tallahassee, Florida
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 hours before the workshop/meeting by contacting: Maria I. Matthews, Assistant General Counsel. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, (800)955-8771 (TDD) or (800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Maria I. Matthews, Assistant General Counsel, Office of the General Counsel, Division of Elections, Department of State, 500 S. Bronough Street, Tallahassee, Florida 32399-0250
Copies of the proposed rule and the draft Forms DS DE #11 are also available for viewing and downloading off the Division of Elections’ website at: http://election.dos.state.fl.us/index.html or by contacting the above-named person at (850)245-6536. Copies of the proposed rule are also available by contacting the Division of Elections at 1(850)245-6536, or by accessing online from the Division of Elections’ rules webpage at: http://election.dos.state.fl.us/index.html or through the Department of State’s E-rulemaking program at: www.flrules.org. Comments regarding the rule may also be submitted online via the E-rulemaking program.

THE FULL TEXT OF THE PROPOSED RULE IS:

1S-2.034 Polling Place Procedures Manual.

The Department of State, Division of Elections, is required to establish a polling place procedures manual to guide election officials and poll workers in the proper implementation of election procedures and laws. Form DS-DE 11 (eff.______ 01/06), entitled “Polling Place Procedures Manual,” is hereby incorporated by reference and available from the Division of Elections, R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at (850)245-6200, or by download from the Division of Elections’ rules webpage at: http://election.dos.state.fl.us/index.html.

Specific Authority  20.10(3), 102.014(5) FS. Law Implemented 102.014(5) FS. History–New 7-4-02, Amended 1-25-04, 3-16-06, ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Sarah Jane Bradshaw, Assistant Director of Division of Elections
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Amy Tuck, Director, Division of Elections
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 18, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 15, 2007