Notice of Change/Withdrawal

Division of Elections
1S-2.034: Polling Place Procedures Manual
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 40, October 7, 2011 issue of the Florida Administrative Weekly.

In response to public comments and comments from the Joint Administrative Procedures Committee, the following changes have been made to the Polling Place Procedures Manual (DS-DE 11) which is incorporated by reference in the rule:

1. The second paragraph of subsection E (Poll watchers) of Section II (The Polling Place) is revised to clarify that although designated poll watchers may roam through polling locations throughout the county, only one poll watcher from each political party, candidate, or political committee may be present at any one time in each polling room between polling hours.

2. Subsection B. (Voter who requested an absentee ballot now wants to vote at the polls) of Section III (Voter Eligibility) is reworded to clarify that the voter may get to vote a regular ballot at the polls, provided it can be confirmed or verified that he or she has not already voted an absentee or that the voter has not already exceeded the limit for replacement ballots.

3. Subsection E. (Voter’s Address Changes/Differs) of Section III. (Voter Eligibility) is revised to clarify that an out-of-county move-in voter are permitted to vote a provisional ballot upon executing an address change but that if the new address places the voter in a different corresponding precinct or polling place, the poll worker should direct the voter there to vote. Additionally it is clarified that the provisional ballot certificate affirmation may satisfy the requirement for a change of address affirmation such that the out-of-county move-in voter is not required to fill out two out-of-county address affirmation.

4. Subsection F. (Voter Leaves the Booth Without Casting His or Her Ballot) of Section IV (The Voting Process) is revised to clarify that a blank ballot or overvoted ballot that a voter has left in the booth without casting should be cast and that only rejected ballots that are damaged or whose coding cannot be read should be marked as unscanned and sent to the canvassing board.

5. Section VIII (Interacting with Voters) is revised to add reference to other types of impairments such as emotional or intellectual as may result from brain injury, accident, or genetic condition and how to accommodate these voters at the polls.