R9C-Discuss- Exempt From Public Records Disclosure Absentee Ballot Requests -WeIBE
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Ms. Kathie Brooks, Interim City Manager
Mr. Rafael Granado, City Clerk
Commissioner Deede Weithorn
September 7, 2012
MEMORANDUM
SUBJECT: Exempting Absentee Ballot information from the Public Record
On September 6, 2012 the Miami-Dade County Commission passed a resolution sponsored by Chairman
Joe A. Martinez urging the Florida Legislature to exclude from public records information pertaining to
absentee ballot requests.
Section 101.62 in the Florida Statutes requires that absentee ballot requests be "generally" maintained
confidential and exempt from public disclosure. However, this section ofthe Florida Statutes does make
absentee ballot requests available to political parties and party officials; registered political committees;
committees of continuous existence; candidates who have filed qualification papers and are opposed in
an upcoming election; election officials; canvassing boards; and the voter, who is only entitled to access
his or her own absentee ballot request information.
Florida Administrative Code Rule 15-2.043 requires that each absentee voter's record {available to those
listed in FSS 101.62) include the voter's name, address to which the voter has requested the absentee
ballot is to be sent, phone number, email address if provided, party affiliation and precinct, with certain
limited exceptions such as for law enforcement. Those individuals and entities listed in FSS 101.62 can
immediately learn which voters have requested an absent ballot by making public records requests for
this information either to a Supervisor of Elections or to the State Division of Elections.
Given the recent cases of alleged fraud in Miami-Dade County, exempting from public disclosure
absentee ballot and personal information included on absentee ballot requests would be an
important step against enabling absentee ballot fraud,
It is Commissioner Dee de Weithom's hope that this Commission will follow the lead of the Miami-Dade
County Commission in urging the Florida to from public records disclosure absentee
ballot requests and personal information included on absentee ballot requests.
Alex J. Fernandez,
Commissioner Deede Weithorn's Office
669
RESOLUTION NO. 2012-__ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO EXEMPT FROM PUBLIC
RECORDS DISCLOSURE ABSENTEE BALLOT REQUESTS
AND PERSONAL INFORMATION INCLUDED ON SUCH
REQUESTS.
WHEREAS, absentee ballot requests are generally confidential and exempt from public
disclosure pursuant to Section 101 .62, Florida Statutes; and
WHEREAS, Section 101 .62(3), however, provides that certain persons and entities may
obtain and use absentee ballot requests for political purposes, including:
* Political parties and party officials;
*Registered political committees;
* Committees of continuous existence;
* Candidates who have filed qualification papers and are opposed in an upcoming
election;
* Election officials;
* Canvassing boards; and
* The voter, who is only entitled to access his or her own absentee ballot request
information; and
WHEREAS, Section 101 .62 requires each Supervisor of Elections to update and make
available information on absentee ballot requests no later than 8 a.m. of each day, including
weekends, beginning 60 days before the primary election until 15 days after the general
election; and
WHEREAS, Section 1 .62 also requires each Supervisor of Elections to transmit to the
State Division of Elections absentee ballot request information on a daily basis; and
WHEREAS, Rule 1 S-2.043, Florida Administrative Code, sets forth in detail the
electronic format to be used for Supervisors of Elections to provide absentee ballot request
information to the State Division of Elections; and
WHEREAS, Rule 1 S-2.043 requires that each absentee voter's record include the
voter's name, address to which the voter has requested the absentee ballot is to be sent, phone
number, email address if provided, party affiliation and precinct, with certain limited exceptions
such as for law enforcement; and
670
WHEREAS, candidates, political committees, political parties and committees of
continuing existence immediately can learn which voters have requested an absent ballot by
making pubHc records requests for this information either to a Supervisor of Elections or to the
State Division of Elections; and
WHEREAS, the State Division of Elections posts absentee ballot request information by
county on its website, and candidates, political committees, political parties and committees of
continuing existence can access such information on a daily basis once the State Division of
Elections assigns them a user name and password; and
WHEREAS, candidates, political committees, political parties and committees of
continuing existence then can contact voters who have made an absentee ballot request; and
WHEREAS, information on a voter's decision whether to vote by absentee ballot, by
early voting, or on the day of the election should not be subject to ready access by these groups
and individuals; and
WHEREAS, Miami-Dade County recently has experienced examples of alleged
absentee ballot fraud and, on September 6, 2012, the Miami-Dade County Board of County
Commissioners passed a Resolution urging the Florida legislature to exempt from public
disclosure absentee ballot requests and personal information included on such requests; and
WHEREAS, exempting from public disclosure absentee ballot requests and personal
information included on absentee ballot requests would be an important step in curbing
absentee ballot fraud.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby urge
the Florida legislature to exempt from public records disclosure absentee ballot requests and
personal information included on absentee ballot requests, and further directs the City
Administration to include this item in the City's 2013 State legislative Agenda.
PASSED AND ADOPTED this_ day of September, 2012.
ATTEST:
Rafael Granado
City Clerk
F:\ATTO\TURN\RESOS\Absentee Ballot Reso.docx
Matti Herrera Bower
Mayor
671
THIS PAGE INTENTIONALLY LEFT BLANK
672