Florida Regulations 1S-2.030: Vote-by-Mail Ballots for Absent Stateside Uniformed Services and Overseas Voters
Current as of: 2024 | Check for updates
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(1) Application. This rule applies solely to the request, delivery and return of vote-by-mail ballots for uniformed services voters who are absent stateside and overseas voters as defined in Florida Statutes § 97.021 For purposes of this rule, the following definitions apply:
(a) “”Overseas voter”” means:
1. An absent uniformed services voter who, by reason of active duty or service is absent from the United States as defined herein, on the date of the election involved;
2. A person who resides outside the United States, as defined herein and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or
3. A person who resides outside the United States as defined herein and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States.
(b) “”State”” means a State of the United States as defined herein.
(c) “”Uniformed services”” means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.
(d) “”United States””, where used in the territorial sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, and American Samoa.
(2) Requests. A request for a vote-by-mail ballot shall be submitted in accordance with Florida Statutes § 101.62(1) In addition to the information required by Florida Statutes § 101.62(1), the request for a vote-by-mail ballot must also include the following information:
(a) The voter’s requested method of delivery for the blank vote-by-mail ballot (by mail or electronic means such as fax, email or online).
(b) The corresponding destination, whichever is applicable, to either mail, transmit the blank ballot or communicate how to access the blank ballot electronically by some other means:
1. For mail delivery: An applicable out-of-county mailing address or other deliverable overseas mailing address.
2. For fax delivery: A fax number and an applicable out-of-county address or overseas address (only for purposes of affirming absence from the county or the United States), or affirmation of overseas location.
3. For email or online delivery: An e-mail address and an applicable out-of-county address or overseas address (only for purposes of affirming absence from the county or the United States), or affirmation of overseas location.
(3) Processing requests. When a supervisor receives a vote-by-mail ballot request from an absent stateside uniformed services or overseas voter, the supervisor shall:
(a) Verify the information provided to determine if the voter is a qualified and registered voter for the election.
(b) Provide, in accordance with the timeframes in Florida Statutes § 101.62, the appropriate vote-by-mail ballot, the instructions for voting and returning the ballot, and the Voter’s Certificate by the means requested by the voter in subsection (2).
(c) Record the receipt date of the request, the date and manner the vote-by-mail ballot was made available to the voter, and the corresponding delivery destination or manner the blank ballot was provided to the voter.
(d) Ensure that the Supervisor of Elections’ office transmitting and receiving equipment is in a secure location with access limited to the supervisor’s employees and that the vote-by-mail ballot is sent directly to the specified delivery destination requested by the voter. It is the voter’s responsibility to ensure the security of the receiving equipment (e.g. facsimile machine or computer).
(4) Return of Voted Vote-by-Mail Ballot.
(a) An overseas voter has the option to return the voted ballot and signed certificate by mail, by fax, in person or through someone else on behalf of the voter pursuant to the ballot instructions in subsection (8). If the overseas voter returns the ballot by fax, the ballot and Voter’s Certificate must be sent directly to the fax number provided by the Supervisor of Elections or to a fax number provided by Federal Voting Assistance Program of the Department of Defense.
(b) An absent stateside uniformed services voter may return the voted ballot and signed Voter’s Certificate only by mail, in person or have it returned in person by someone else pursuant to the ballot instructions in subsection (8).
(c) No voted vote-by-mail ballot returned by email shall be counted. A voted ballot by fax from an absent stateside uniformed voter shall not be counted.
(5) Deadline to Return Vote-by-Mail Ballot.
(a) To be accepted and counted, a voted vote-by-mail ballot from an absent stateside uniformed services voter must be received by the Supervisor of Elections no later than 7 P.M. election day in the time zone for the county in which the voter is registered.
(b) Overseas voters casting ballots in a presidential preference primary or general election are allowed a 10-day extension. The ballot must be postmarked or dated no later than election day and received by the Supervisor of Elections of the county in which the voter is registered no later than 10 days after election day.
(6) Voter’s Certificate. The Voter’s Certificate for vote-by-mail ballots to all absent stateside uniformed services and overseas voters shall be substantially as follows:
Note: Please Read Instructions Carefully Before Marking Ballot and Completing Voter’s Certificate.
VOTER’S CERTIFICATE
I, ______________, swear or affirm, under penalty of perjury, that I am:
Print Name
1. A member of the Uniformed Services or Merchant Marine on active duty; or an eligible spouse or dependent of such a member; or a U.S. citizen temporarily residing outside the U.S.; or other U.S. citizen residing outside the U.S.; and,
2. I am a U.S. citizen, at least 18 years of age (or will be by the date of the election), and I am eligible to vote in the requested jurisdiction; and,
3. I have not been convicted of a felony, or other disqualifying offense or been adjudicated mentally incompetent, or if so, my voting rights have been reinstated; and,
4. I am not registering, requesting a ballot, or voting in any other jurisdiction in the U.S., except the jurisdiction cited in this voting form.
In voting, I have marked and sealed my ballot in private and have not allowed any person to observe the marking of the ballot, except for those authorized to assist voters under State or Federal law. I have not been influenced.
My signature and date below indicate when I completed this document.
The information on this form is true and complete to the best of my knowledge. I understand that a material misstatement of fact in completion of this document may constitute grounds for conviction for perjury.
Voter’s Signature: _____________________________
Terms Used In Florida Regulations 1S-2.030
- Conviction: A judgement of guilt against a criminal defendant.
- Dependent: A person dependent for support upon another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. An absent uniformed services voter who, by reason of active duty or service is absent from the United States as defined herein, on the date of the election involved;
2. A person who resides outside the United States, as defined herein and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or
3. A person who resides outside the United States as defined herein and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States.
(b) “”State”” means a State of the United States as defined herein.
(c) “”Uniformed services”” means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.
(d) “”United States””, where used in the territorial sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, and American Samoa.
(2) Requests. A request for a vote-by-mail ballot shall be submitted in accordance with Florida Statutes § 101.62(1) In addition to the information required by Florida Statutes § 101.62(1), the request for a vote-by-mail ballot must also include the following information:
(a) The voter’s requested method of delivery for the blank vote-by-mail ballot (by mail or electronic means such as fax, email or online).
(b) The corresponding destination, whichever is applicable, to either mail, transmit the blank ballot or communicate how to access the blank ballot electronically by some other means:
1. For mail delivery: An applicable out-of-county mailing address or other deliverable overseas mailing address.
2. For fax delivery: A fax number and an applicable out-of-county address or overseas address (only for purposes of affirming absence from the county or the United States), or affirmation of overseas location.
3. For email or online delivery: An e-mail address and an applicable out-of-county address or overseas address (only for purposes of affirming absence from the county or the United States), or affirmation of overseas location.
(3) Processing requests. When a supervisor receives a vote-by-mail ballot request from an absent stateside uniformed services or overseas voter, the supervisor shall:
(a) Verify the information provided to determine if the voter is a qualified and registered voter for the election.
(b) Provide, in accordance with the timeframes in Florida Statutes § 101.62, the appropriate vote-by-mail ballot, the instructions for voting and returning the ballot, and the Voter’s Certificate by the means requested by the voter in subsection (2).
(c) Record the receipt date of the request, the date and manner the vote-by-mail ballot was made available to the voter, and the corresponding delivery destination or manner the blank ballot was provided to the voter.
(d) Ensure that the Supervisor of Elections’ office transmitting and receiving equipment is in a secure location with access limited to the supervisor’s employees and that the vote-by-mail ballot is sent directly to the specified delivery destination requested by the voter. It is the voter’s responsibility to ensure the security of the receiving equipment (e.g. facsimile machine or computer).
(4) Return of Voted Vote-by-Mail Ballot.
(a) An overseas voter has the option to return the voted ballot and signed certificate by mail, by fax, in person or through someone else on behalf of the voter pursuant to the ballot instructions in subsection (8). If the overseas voter returns the ballot by fax, the ballot and Voter’s Certificate must be sent directly to the fax number provided by the Supervisor of Elections or to a fax number provided by Federal Voting Assistance Program of the Department of Defense.
(b) An absent stateside uniformed services voter may return the voted ballot and signed Voter’s Certificate only by mail, in person or have it returned in person by someone else pursuant to the ballot instructions in subsection (8).
(c) No voted vote-by-mail ballot returned by email shall be counted. A voted ballot by fax from an absent stateside uniformed voter shall not be counted.
(5) Deadline to Return Vote-by-Mail Ballot.
(a) To be accepted and counted, a voted vote-by-mail ballot from an absent stateside uniformed services voter must be received by the Supervisor of Elections no later than 7 P.M. election day in the time zone for the county in which the voter is registered.
(b) Overseas voters casting ballots in a presidential preference primary or general election are allowed a 10-day extension. The ballot must be postmarked or dated no later than election day and received by the Supervisor of Elections of the county in which the voter is registered no later than 10 days after election day.
(6) Voter’s Certificate. The Voter’s Certificate for vote-by-mail ballots to all absent stateside uniformed services and overseas voters shall be substantially as follows:
Note: Please Read Instructions Carefully Before Marking Ballot and Completing Voter’s Certificate.
VOTER’S CERTIFICATE
I, ______________, swear or affirm, under penalty of perjury, that I am:
Print Name
1. A member of the Uniformed Services or Merchant Marine on active duty; or an eligible spouse or dependent of such a member; or a U.S. citizen temporarily residing outside the U.S.; or other U.S. citizen residing outside the U.S.; and,
2. I am a U.S. citizen, at least 18 years of age (or will be by the date of the election), and I am eligible to vote in the requested jurisdiction; and,
3. I have not been convicted of a felony, or other disqualifying offense or been adjudicated mentally incompetent, or if so, my voting rights have been reinstated; and,
4. I am not registering, requesting a ballot, or voting in any other jurisdiction in the U.S., except the jurisdiction cited in this voting form.
In voting, I have marked and sealed my ballot in private and have not allowed any person to observe the marking of the ballot, except for those authorized to assist voters under State or Federal law. I have not been influenced.
My signature and date below indicate when I completed this document.
The information on this form is true and complete to the best of my knowledge. I understand that a material misstatement of fact in completion of this document may constitute grounds for conviction for perjury.
Voter’s Signature: _____________________________