1S-2.0091: Constitutional Amendment Initiative Petition; Submission Deadline; Signature Verification
PURPOSE AND EFFECT: To implement statutory changes to the constitutional amendment initiative process brought about by Ch. 2011-40, s. 23, Laws of Florida.
SUMMARY: The proposed rule reduces the validity of a signature on a petition from 4 to 2 years. The rule also specifies how the supervisor of elections is to treat a petition when the petition signer is not a registered voter in the supervisor’s county and specifies the requirements for signature verification.
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(1), 100.371(6) FS.
LAW IMPLEMENTED: Art XI, Fla. Const., 100.371 FS.
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: August 8, 2011, 10:45 a.m.
PLACE: Room 307, R.A. Gray Building, Department of State, 500 S. Bronough Street, 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 days before the workshop/meeting by contacting: Eddie Phillips, Executive Assistant, Office of General Counsel, Department of State, telephone: (850)245-6536, email: elphillips@dos.state.fl.us. 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: Gary J. Holland, Assistant General Counsel, Florida Department of State, (850)245-6536, email: gjholland@dos.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
1S-2.0091 Constitutional Amendment Initiative Petition; Submission Deadline; Signature Verification.
(1) Submission. Signed initiative petition forms proposing amendments to the Florida Constitution shall be submitted solely by the sponsoring political committee to the Supervisor of Elections for in the county of residence listed by the person signing the form in which the petition forms were circulated. If the Supervisor of Elections determines that the signer of the petition is a registered voter in another county, the Supervisor of Elections shall notify the petition sponsor that the petition has been misfiled. It is the responsibility of the sponsoring political committee thereafter to ensure that the misfiled signed petition form is properly filed with, or if misfiled forwarded to, the Supervisor of Elections for of the county in which the signee is a registered voter. In the case of a misfiled petition, the filing date of the petition is the date such petition is filed with the proper county.
(2) Signature Verification.
(a) In accordance with the signature verification fee provisions in Section 99.097(4), F.S., the Supervisor of Elections for the county in which the signee is a registered voter shall verify the signatures on each initiative petition form within 30 days after of receipt of the form to ensure that each person signing the petition form:
1. Was, at the time of signing and verification of the petitions, a registered voter in the state county in which the petition is submitted,
2. Except as provided in paragraph (4)(b) below, hHad not signed the petition form more than two four years prior to the date the Supervisor verified the petition, and
3. Had not ever previously signed a petition form containing the identical initiative which had been verified as valid.
(b) The Supervisor shall not verify as valid a signature on an initiative petition form unless all of the following information is contained on the petition form:
1. The voter’s name,
2. The voter’s street address (including city and county),
3. The voter’s date of birth or voter registration number,
4. The voter’s original signature, and
5. The date the voter signed the petition, as recorded by the voter.
(3) Random Sampling Not Permitted. Supervisors of Elections may not use random sampling as a method for verifying signatures on constitutional amendment initiative petitions.
(4)(a) Recordation of Verification. The appropriate supervisor of elections for each respective voter whose signature is verified as valid shall record the date the form was received, the date of the signature, the date the signature was verified, and the assigned serial number for the applicable initiative petition. Upon completion of the verifications as set forth in subsection (2), the Supervisors of Elections shall submit to the Division of Elections a certificate indicating the total number of signatures verified and the distribution by congressional district. In conjunction with each certificate submitted, each Supervisor shall submit a copy of one petition showing the text of the constitutional amendment to which the verified signatures relate. Certificates may be submitted by the Supervisor via facsimile in order to meet the filing deadline, followed by the original certificates sent by mail.
(b) Notwithstanding the provisions of subparagraph (2)(a)2., above, a signature on a petition by a registered voter who signed the petition on or before May 19, 2011, is valid for four years. The Supervisor of Elections shall separately certify to the Division of Elections any signatures on a petition that were signed on or before May 19, 2011 by clearly annotating that the certification represents signatures on or before May 19, 2011.
(5) Filing Deadline. In order for the initiative petition to be timely filed for appearance on the ballot for the next general election, the constitutionally requisite number of verified signatures must be verified and reported to the Division no later than 5:00 p.m. on February 1 of the year in which the general election is held.
(6) Limitation on Use of Verified Signatures. Verified signatures used successfully to place a proposed amendment by initiative on the ballot that subsequently fails to be approved by the electors at the general election shall not be used again in support of any future initiative petition. An identical initiative petition means an initiative petition that is circulated on an initiative petition form which contains the same serial number assigned to it pursuant to Rule 1S-2.009, F.A.C.
(7) Nothing in this rule prohibits a voter from signing a successive initiative petition form containing the text of a former petition if the successive petition form has a different serial number assigned to it pursuant to Rule 1S-2.009, F.A.C.
Rulemaking Authority 20.10(3), 97.012(1), 100.371(6)(7) FS. Law Implemented Art. XI, Fla. Const., 100.371 FS. History–New 1-6-80, Amended 12-20-83, Formerly 1C-7.091, 1C-7.0091, Amended 2-13-90, 3-5-96, 1-5-04, 3-16-06, 10-15-07, 10-13-08, 7-18-10,________.