Florida Department of State Division of Elections Bureau of Voter Registration Services Overview FSASE Winter 2013 Conference Ken Detzner Secretary of State Maria Matthews, Esq. Director, Division of Elections Toshia Brown, Senior Supervisor January 29, 2013
»BVRS STRUCTURE AND ROLE
BVRS Organizational Chart Division of Elections Alex Mosca NVRA VRAs, Monthly Voter Extracts & Book closing & Statistical Reports Maria Matthews, Esq. Director Virgie Madrigal 3 rd party voter registration organizations Jason Merrick Voter registration applications, out-ofstate cancellations, voting- and election-related reporting Toshia Brown, Sr. Mgmt. Supervisor Terry Raines Mental Incompetence files, jury list address/non-u.s. citizen notices, tech database and office automation Full-time staff (20) Allen Taylor Felon file, HSMV verifications, deceased processing OPS Staff (30-60 depending on project/election cycle) J.C. Fishbough Special projects, public/voter inquiries, OPS management
BVRS Primary Functions Voter registration services-new registrations & updates, HSMV verifications, etc. Investigation of voters' eligibility status-convicted felons, mental incapacitated persons, deceased, etc. Statistical and summary reports relating to voter registration, voting and election results Public inquiries and voter assistance
Administrative rules Rule 1S-2.025 Elections Fraud Complaint Rule 1S-2.036 NVRA Complaint Rule 1S-2.038 HAVA Violations Complaint Rule 1S-2.039 FVRS Voter Registration Processes Rule 1S-2.040 State Voter Registration Form Rule 1S-2.041 Address and Eligibility Records Maintenance Rule 1S-2.042 Third-Party Voter Registration Organizations Rule 1S-2.043 Electronic Reporting Requirements-absentee ballot request Info, early voting, precinct-level election results Rule 1S 2048 State & Federal Designated NVRA Voter Registration Agencies
»BVRS Election-Related Reporting Oversight Responsibilities
Book closing statistical reports Between book closing & election day (in practice, pulled on the 10-11 th day after book closing and before early voting) Section 98.0981(3), Fla. Stat.). Absentee ballot request info reports 60 days before primary and ends 15 days after general (for PPP-60 days before to 15 days after) Section 101.62(3), Fla. Stat. Early voting reports Day after 1 st EV day and end day after last EV day Section 101.657, Fla. Stat. Election night results Coordinate election results reporting from 7 pm (EST) Election Day until all EV and tabulated absentee ballot results tabulated are reported by each of the 67 counties Section 102.141(4), Fla. Stat.) Legislative Election Recap SOEs report voting history w/in 30 days of certification of results in PPP, primary, general and special elections DOE reports to Legislature 15 days later & include voter information Section 98.0981, Fla. Stat.
»Address List and Records (Eligibility) Maintenance Activities Under State and Federal Laws
Governing Laws: National Voter Registration Act of 1993 (NVRA) (42 U.S.C. 1973gg-6 (a)(3), (a)(4), (b)(2)) (aka section 8 of NVRA) Help America Vote Act of 2002 (HAVA) (Public Law 107-252), Title III, Section 303) Sections 98.065, 98.0655 and 98.075, Fla. Stat. Objective: Maintain accurate and current rolls triggered by activities that indicate either a change in a voter s address of legal residence or a change in the voter s eligibility.
» Once registered, a voter s name can only be removed IF the voter: Requests it in writing. Is ineligible (convicted of a felony without civil rights restored; found by a court to be mentally incapacitated as to voting rights and has not had them restored, non voting age, non U.S. citizen, listed with a false residence address, fictitious person). Is placed on the inactive voter list and after two consecutive general (federal) elections, and has not voted or attempted to vote, requested an absentee ballot or otherwise updated his or her registration records during that time. Is registered in another state and you receive official word from the out-of-state election official.
How a voter s name is removed Voter requests removal in writing. Voter is ineligible (convicted of a felony without civil rights restored; found by a court to be mentally incapacitated as to voting rights and has not had them restored, non voting age, non U.S. citizen, listed with a false residence address, fictitious person). Voter is placed on the inactive voter list and after two consecutive general (federal) elections, and has not voted or attempted to vote, requested an absentee ballot or otherwise updated his or her registration records during that time. Voter is registered in another state and you receive official word from the out-of-state election official.
»FVRS Address List Maintenance A change in a registered voter s legal residence
Bi-ennial Program for Address List Maintenance (s. 98.065(2)-(3), F.S.) Conduct at least every odd-numbered years. Incorporate at least 1 of 3 general address program targets: All registered voters bounced against U.S. Postal Service NCOA All registered voters All registered who have not voted in the last 2 years AND who did not make a written request that their registration records be updated (NOTE: these voters who are likely to end up becoming inactive voters) Use feedback to make address changes, send notices, and trigger status change for registered voter. 90-day moratorium before federal election.
1. United States Postal Service (USPS)/NCOA) change of address information. You run the registered voter database list for your county against USPS database under a license. If the information you get suggests that voter s legal residence has changed... You make appropriate change in record and send either an Address Change Notice or Address Confirmation Final Notice depending on change. 14
CAUTION: Be sure that you are running a comparison of residential address in the voter database against residential address in the USPS database. If the address change pertains to mailing address information, NCOA may be only the start for triggering address list maintenance before you can change a voter s address of legal residence. You may have to send an address confirmation request (if in-state mailing address) or address confirmation final notice (if out-of-state mailing address) first and then based on the information you get back from that, initiate address change notice or address confirmation final notice. 15
2. Countywide mailing to all registered voters. You send out some election related mailing (return if undeliverable nonforwardable mailing) to all registered voters in your county. (e.g., absentee ballots) If the information you get back suggests that voter s legal residence has changed... You make appropriate change in record and send either an Address Change Notice or Address Confirmation Final Notice depending on change. 16
3. Targeted countywide mailing. You send mail (return if undeliverable nonforwardable) solely to registered voters in your county who have not voted or updated their registration records in the last 2 years. If the information you get back suggests that voter s legal residence has changed... You make appropriate change in record and send either an Address Change Notice or Address Confirmation Final Notice depending on change. 17
Address List Maintenance 3 rd Party Sources that may trigger notices to voter» USPS/NCOA» Other sources: Any returned undeliverable or non-forwardable» USPS ( yellow sticky ) mailing you sent out to the» Jury notice lists registered voter such as any returned/ undeliverable address» HSMV Out-of-state DL lists confirmation requests, absentee ballot, mail ballot, notice to registered voter that he is potentially ineligible per s. 98.075(7), F.S., address change notice to newly recorded address 18
Address List Maintenance (s. 98.0655, F.S.) FORMS: Address confirmation request (ACR)-asking voter to confirm if address on Address change notice (CAN) Address confirmation FINAL notice (ACFN) Sent after address change request or notice undeliverable. Triggering event to make voter inactive if he or she does not respond within 30 days or notice comes back as undeliverable. PROCESS for 3 rd party source address changes: Rule 1S-2.041(3), Florida Administrative Code
»FVRS Eligibility Records Maintenance
Florida Department of Law Enforcement (automated run) Florida Parole Commission/Clemency (notice by email or letter) Florida Department of Corrections (web service access) Section 98.093, F.S. FVRS Registration Records BVRS Manual Review Creation of Credible/Reliable File SOE Notice Determination of Ineligibility Removal (s. 98.075(7), Fla. Stat.) U.S. Attorneys or federal clerks (email, fax or mailed reports) Out-of-state local and federal court clerks and election officials (email, fax or mailed reports) 21
DOS Identification of Potentially Convicted Felon/Voters (No Rights Restored) How DOS receives notice, reviews and transfers valid files to SOEs: FDLE felons: electronic through FVRS DOC identified felons: paper Federal felons: paper Sexual offenders who are felons: paper Interstate court felons: paper Florida Parole Commission: paper
Removal of Felons (cont d) Source: Other than FVRS Example: Felony conviction information direct from state attorney, U.S. attorneys, out-of-state election official or law enforcement agency, big-story in the papers, etc. Take action if you find information is credible and reliable. Follow process under section 98.075(3)(a), F.S., and initiate and follow notice procedures. NOTE: Contact BVRS regarding creation of file. BVRS will crosscheck for pending matches, and retain information only for 120 days.
Clerk of Courts Notices/Lists of Adjudications and Restorations FVRS Registration Records BVRS Manual Review Creation of Credible/Reliable File SOE Notice Determination of Ineligibility Removal (s. 98.075(7), Fla. Stat.) 24
DOS Identification of Voters Who Are Potentially Adjudicated Mentally Incapacitated Source: Circuit court clerk of courts Daily or Ad hoc notices (depending on county clerk) Manual review and the creation of case file BVRS notifies Supervisor via mail (not automated process) Initiate voter notice and removal processes within 7 days of receipt of file to determine ineligibility (section 98.075(7), Fla. Stat.) Entire process should take no longer than 120 days Note: If court has not specifically removed right to vote, mentally incapacitated person and criminally insane are still eligible to vote (s. 744.3215(2), F.S. s. 916.107(7), F.S.)
Florida Department of Health/Bureau of Vital Statistics Daily automated run In-state deaths and deaths from states sharing deceased data through the National Association for Public Health Statistics & Information Systems (NAPHSIS) Steve Database Potential Matches BVRS Manual Review FVRS Registration Records Exact Matches Social Security Master Death File Index Daily automated run Nationwide death database Automated notice to SOE through FVRS Streamline removal process (s. 98.075(2), Fla. Stat.) No later than 7 days No notice to the voter 26
Removal of Deceased (cont d) Source: Death Certificates and Other Sources Death certificate: Upon presentation of certificate, remove voter s name immediately under process in section 98.075(3)(b), F.S. Any other credible and reliable source: Obituary, witness to the death, or attendance at funeral, you still must follow process under section 98.075(3)(a), F.S., and initiate and follow notice procedures. NOTE: You may contact BVRS to confirm a deceased voter. If we receive credible and reliable information directly from the DOH s BVS, we will confirm the information with you and certify notice for expedited removal. Contact BVRS regarding creation of file. BVRS will cross-check for pending matches, and retain information only for 120 days against future matches.
Identification of Voters Who May Be Non-U.S. Citizens -On Hold Pending Litigation DOS FVRS Registration Records BVRS Manual Review- Re-verification of: 1) Identity and 2) legal status using DHSMV s DAVE and US Dept. of Homeland Security s SAVE SOE Action: 1) Initiate notice and removal process under s. 98.075(7), Fla. Stat. for voters identified by the State as potentially non-u.s. citizens, 2) Make determination of eligibility or ineligibility, 3) If ineligible, conduct final SAVE verification prior to removal 28 Automated match Based on 1 of 3 match criteria sets & legal status indicator and REAL ID Compliant DHSMV/DAVE Driver Licensee Records U.S. Department of Homeland Security- SAVE/VIS Database: Initial verification, initial retry, & additional verification. Possible responses: a) Voter verified as U.S. citizen, b) Voter potentially verified as not U.S. citizen, and c) SAVE unable to complete verification of alien record or current legal status of voter.
Jury List/Excusal Notices BVRS receives periodic jury excusal notices or lists from clerks of court relating to jurors who have made address changes. o Made address changes o Claimed to be convicted felons without civil rights restored o Claimed to be non-u.s. citizens o BVRS forwards to appropriate county.
Due Process under Notice and Removal Procedures in s. 98.075(7), F.S. Notice to Voter (Within 7 days of receipt of information and created file, send actual notice by certified return receipt or other verified method of receipt.) o Actual notice (Include information required by law): Statement + copy of documentation underlying potential ineligibility. Statement that failure to respond within 30 days after receipt of the notice may result in a determination of ineligibility and in removal of the registered voter s name from the statewide voter registration system. Return form for voter to admit or deny the accuracy of the information. Notice of right to request hearing only if denying ineligibility. Instructions for contact and assistance, and seeking restoration of civil rights following a felony conviction, if applicable.
Due Process under Notice and Removal Procedures in s. 98.075(7), F.S. (cont d) o Published notice (If the mailed notice undeliverable, publish notice once in a newspaper of general circulation in the county in which the voter was last registered, to include: Voter s name and address. Statement of voter s potential ineligibility. Statement that failure to respond within 30 days after the notice is published may result in a determination of ineligibility by the supervisor and removal of the registered voter s name from the statewide voter registration system. Instructions for contact, assistance and procedure to resolve the matter.
Due Process under Notice and Removal Procedures in s. 98.075(7), F.S. (cont d)» Allow 30 days for Voter Response from date of actual verified receipt notice or published notice, whichever is applicable.» Provide voter a Hearing only in those cases in which voter denies ineligibility and requests a hearing.» Review evidentiary documentation (file received from BVRS and information, if any, provided by voter such as return form or evidence in support of eligibility). In some cases, voter may need to time to get copy of document to be offered as proof or to get federal or state agency records updated to reflect eligibility. Thirty days doesn t mean that determination has to be made.
Due Process under Notice and Removal Procedures in s. 98.075(7), F.S. (cont d) Make Final determination of eligibility or ineligibility. Record determination in FVRS: Eligible or ineligible and record applicable removal reason code. Send notice to the voter regarding determination of eligibility, or ineligibility and removal Retain ineligibility record permanently. See item #158, GS-3 (registration record) http://dlis.dos.state.fl.us/barm/genschedules/gs3.pdf
In-state Duplicate Registration Record Crosscheck Source: FVRS (s. 98.075(2), F.S.) Criteria: Name, date of birth. Recently expanded (last FVRS maintenance window) to identify voters with the same last name, date of birth and same driver s license number. Daily process: automated notification through FVRS. SOEs review to determine if identified records are truly duplicates or not. Coordination required between SOEs to reconcile records in different counties.
Interstate Voter Registration Cross-check Program (aka Kansas Project ) Source: 21 states are participating for 2013
Interstate Voter Registration Cross-check Program (aka Kansas Project ) (cont d) Annual process per Interstate Memorandum of Agreement (between Chief Election Official and Kansas Secretary of State s Office) Upload, Match and Download: Each state uploads registration data by January 15 in prescribed format to secure Kansas FTP site (hosted by Arkansas). Kansas IT department runs uploads match results to FTP site (then deletes all other states individually obtained data). Projected date: February 2013. Results available for download by each state. BVRS will reformat & conduct secondary match filter for all matches with SSN4 or SSN9. Those matches will be made available to SOEs via SOE Utility Site.
Interstate Voter Registration Cross-check Program (aka Kansas Project ) (cont d) Criteria
Interstate Voter Registration Cross-check Program (aka Kansas Project ) (cont d) Reformat and secondary match filter: BVRS will reformat & conduct secondary match filter for all matches with SSN4 or SSN9. Those matches will be made available to SOEs via SOE Utility Site. Manual review and reconciliation process: SOEs will have to coordinate and communicate with voter and/or out-of-state election official to determine and reconcile voter s intended state of registration. Refer any potential cases of voting fraud to state attorney.
Voter Registration Cancellations Source: o o o FVRS for in-state registration cancellations (i.e., registered voters with prior state registrations) Weekly automatic run and notices mailed to other state election officials. Out-of-state election officials for out-of-state registration cancellations (via mail, fax, and email) Daily notices received. BVRS searches FVRS for possible voter match. Notice to SOE via mail (Future: Posting to SOE Utility Site). SOE makes determination and removes voter automatically (treated like voter requests to be removed) Section 98.045(2), Fla. Stat. BVRS will no longer distribute statewide lists of names that cannot be found on FVRS.
Removal of Inactive Voters Inactive voters should be removed from rolls: 2 general (federal) election cycles AFTER made inactive AND No voting No attempt to vote No request for absentee ballot No voter initiated registration record update Timing of removal: AFTER voting history uploaded deadline but BEFORE January 1 of the year following the general election for reporting purposes. per NVRA/s. 98.065(4), F.S.
Pointers: Erroneous/Illegal Removal and Right to Appeal Voter may be restored at any time for erroneous or illegal removal even after book closing. See s. 98.081(2), F.S. Voter has right to appeal in circuit court within 30 days for reasons of ineligibility. See s. 98.0755, F.S.
Pointers: Eligibility Records Maintenance Ongoing requirement of federal and state law. Not subject to the 90-day moratorium preceding a federal election (In contrast--address list maintenance programs must be completed no later than 90 days before federal election). Voter may be removed for reasons of ineligibility at any time subject to applicable and appropriate notice and removal processes.
Quality Control Invalid DOS identified matches (e.g., identity, administrative input errors, etc.) NOTIFY the chief of the Bureau of Voter Registration Services. Timing of eligibility information or circumstances. Information or circumstances establishing a potentially ineligible voter s eligibility that exists: Before a match was made invalidates the match. If the file was created by BVRS, notify BVRS so that it can pull the match record back and correct the file and reach out to proper agency source and have their records corrected. After a match is made does not invalidate a match. It simply means that you will determine the person to be eligible and close the file out. Notify BVRS so it reach out to proper agency source and have their records corrected. BVRS will no longer invalidate matches and pull those matches.
Accounting-Eligibility Records Maintenance Conduct daily report run of move-in and move-outs of potential felons and deceased files within county: If potential ineligible file originated from BVRS, contact BVRS so match can be re-evaluated for continuing validity. If still valid, BVRS will be re-assigned to the new county of residence. Do not transfer file yourself. If you created the potential ineligible file, then you MUST notify the new county and coordinate transfer of file. Do not involve BVRS. BVRS aged felon and deceased reports (monthly) FDLE felon match files more than 120 days old DOH/BVS and SSA deceased matched files more than 7 days old Work the files and contact BVRS if not notice not received.
Accounting-Eligibility and Address Records Maintenance 3. Bi-annual 6-month certification of activities reports (due June 30 and January 31 every year-documents SOEs maintenance record activities relating to address changes, updates and requests for confirmations, and eligibility)
Contact Information Supervisor: Maria Matthews- Maria.Matthews@dos.myflorida.com ; 850-245-6520 Administrative Assistant Katie Gamertsfelder- Katherine.Gamertsfelder@dos.myflorida.com ; 850-245-6519 Senior Management Leader Toshia Brown- Toshia.Brown@dos.myflorida.com ; 850-245-6225 Questions regarding: Voter registration DHSMV Verifications and suspense queue Potential ineligibility notice and removal processes Out-of-state and in-state cancellations Absentee ballots request information and early voting reporting matters NVRA voter registration agencies and third-party voter registration organization Florida Fish and Wildlife Commission Voter Shooter Act /Bait & Tackle Shops Election Dates including reporting deadlines and requirements