Current through Reg. 50, No. 249, December 24, 2024
(1) Notice of
Rights. A written notice, entitled "Notice of Rights for Provisional Ballot
Voters" must be provided to each person who casts a provisional ballot during
early voting or on election day. Notices and forms shall be made available in
English and Spanish. The notice must include the following:
(a) Contact information for the Supervisor of
Elections including phone number, facsimile number, e-mail address, mailing
address, website address, and office address.
(b) The following statements:
1. If this is a primary election, you should
contact your supervisor of elections' office immediately to confirm that you
are registered and can vote in the general election.
2. You have the right to provide written
evidence supporting your eligibility to vote to the Supervisor of Elections no
later than 5:00 p.m. of the second day following the election.
3. If you voted a provisional ballot because
your Florida driver license card number, Florida state identification card
number or the last four digits of your social security card number could not or
has not yet been verified, bring your card in person or provide a copy via
mail, fax or e-mail to the Supervisor no later than 5:00 p.m. (local time) of
the second day following the election.
4. If you voted this ballot solely because
you did not have the proper photo and signature identification, you do not have
to provide any further proof of your eligibility, provided you are otherwise
registered and entitled to vote in the precinct where you cast your ballot, and
the signature on your ballot certificate and affirmation or the provisional
ballot cure affidavit matches the signature on your voter registration
record.
5. If you forgot to sign
your ballot certificate or your signature does not match the one we have on
record, you have the right to cure that omission or mismatch. Your Supervisor
of Elections will try to reach by email, text or phone to notify you of the
problem with your signature and how to fix the problem. The form for the
signature cure affidavit is available online on your county Supervisor of
Elections' website and the Division of Elections' website at:
https://dos.myflorida.com/elections/
under Forms. The deadline to submit your cure is 5:00 p.m. (local time) on the
second day following the election.
6. You have the right to find out no later
than 30 days following the election if your ballot was counted, and if not, the
reason why. [Insert instructions on how voter can access that information
including a phone number for the Supervisor of Elections' office]. The
canvassing board is required to canvass and count a provisional ballot in
accordance with Section
101.048,
F.S.
(2) Free
access system. In accordance with Section 101.048(7), and the Help America Vote
Act, 52 U.S.C. section
21082, the Supervisor of Elections must
establish and maintain reasonable procedures to protect the security,
confidentiality and integrity of personal information collected, stored and
otherwise used to access information as to whether the provisional ballot was
counted and to ensure that access to the individual provisional ballot is
restricted to the individual who cast the ballot.
(3) Form. The provisional ballot certificate
and affirmation shall be substantially in accordance with Form DS DE 209 (eff.
04/2022), entitled "Universal Template for Provisional Ballot Voter's
Certificate and Affirmation." This form is hereby incorporated by reference and
available by searching the rule online at the Florida Administrative Code's
website at: https://www.flrules.org. The form is
available as follows:
(a) Online at the
Division of Elections' website at:
https://dos.myflorida.com/elections/
under Forms, or
(b) By request to
the Division of Elections, R. A. Gray Building, Room 316, 500 South Bronough
Street, Tallahassee, Florida 32399-0250, or by contacting the Division at
(850)245-6200.
Rulemaking Authority
20.10(3),
97.012(1), (2),
101.048 FS. Law Implemented
97.053(6),
101.043,
101.048,
101.049,
101.111
FS.
New 2-2-04, Amended 1-29-06, 6-1-06, 11-18-07, 5-19-10,
4-13-22.
