florida department of state division of elections · 1/29/2013 · upon presentation of...

Florida Department of StateDivision of Elections

Bureau of Voter Registration Services Overview

FSASE Winter 2013 Conference

Maria Matthews, Esq. Director, Division of Elections

Toshia Brown, Senior Supervisor January 29, 2013

Ken Detzner Secretary of State

»BVRS STRUCTURE AND ROLE

Special projects, public/voter

inquiries, OPS management

J.C. Fishbough

Toshia Brown, Sr. Mgmt. Supervisor

Jason Merrick

Voter registration applications, out-of-state cancellations,

voting- and election-related

reporting

Full-time staff (20)

Maria Matthews, Esq. Director

Allen Taylor

Felon file, HSMV verifications,

deceased processing

Division of Elections

OPS Staff (30-60 depending on project/election cycle)

Virgie Madrigal Alex Mosca

3rd party voter registration organizations

NVRA VRAs, Monthly Voter Extracts & Book closing & Statistical Reports

Terry Raines

Mental Incompetence files, jury list

address/non-U.S. citizen notices, tech database and office automation

BVRS Organizational Chart

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

Rule 1S-2.039 FVRS Voter Registration

Processes

Rule 1S-2.041 Address and Eligibility

Records Maintenance

Rule 1S-2.040 State Voter Registration Form

Rule 1S-2.043 Electronic Reporting

Requirements-absentee ballot request Info,

early voting, precinct-level election results

Rule 1S-2.025 Elections Fraud Complaint

Rule 1S-2.038 HAVA Violations Complaint

Rule 1S—2048 State & Federal Designated

NVRA Voter Registration Agencies

Rule 1S-2.036 NVRA Complaint

Rule 1S-2.042 Third-Party Voter Registration

Organizations

Administrative rules

»BVRS Election-Related Reporting Oversight Responsibilities

Book closing statistical reports

•Between book closing & election day (inpractice, pulledon the 10-11th day after book closing and before early voting) •Section 98.0981(3), Fla. Stat.).

Absentee ballot request info reports

• 60 days beforeprimary 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 1st 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.

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.

How a voter’s name is removed

»FVRS Address List Maintenance A change in a registered voter’s legal residence

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.

Bi-ennial Program for Address List

Maintenance (s. 98.065(2)-(3), F.S.)

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.

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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.

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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. . .


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3. Targeted countywide mailing.

You send mail (return if undeliverable nonforwardable) solely to registered voters in yourcounty 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. . .


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» USPS/NCOA »

» USPS (“yellow sticky”)

» Jury notice lists

» HSMV Out-of-state DL lists

Other sources: Any returned undeliverable or non-forwardable mailing you sent out to the registered voter such as any returned/ undeliverable address 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

Address List Maintenance 3rd Party Sources that may trigger notices to voter

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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 3rd party source address changes:

Rule 1S-2.041(3), Florida Administrative Code

Address List Maintenance (s. 98.0655, F.S.)

»FVRS Eligibility Records Maintenance

SOE Notice

Determination of Ineligibility Removal (s. 98.075(7), Fla. Stat.)

BVRS Manual Review

Creation of Credible/Reliable File

Florida Department of Corrections (web

service access)

FVRS Registration Records

U.S. Attorneys or federal clerks (email, fax or mailed reports) Florida Department of Law

Enforcement (automated run)

Out-of-state local and federal court clerks

and election officials (email, fax or mailed

reports)

Florida Parole Commission/Clemency

(notice by email or letter)

Section 98.093, F.S.

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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

DOS Identification of Potentially Convicted

Felon/Voters (No Rights Restored)

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 cross-

check for pending matches, and retain information only for 120

days.

Removal of Felons (cont’d)

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SOE Notice

Determination of Ineligibility Removal (s. 98.075(7), Fla. Stat.)

BVRS Manual Review

Creation of Credible/Reliable File


Clerk of Courts Notices/Lists of Adjudications and Restorations

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.)

DOS Identification of Voters Who Are Potentially

Adjudicated Mentally Incapacitated

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

Potential Matches

BVRS Manual Review

Social Security Master Death File Index • Daily automated run • Nationwide death database


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

Exact Matches

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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.

Removal of Deceased (cont’d)

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

BVRS Manual Review- Re-verification of: 1) Identity and 2) legal status using DHSMV’s DAVE and US Dept. of Homeland Security’s SAVE

DOS FVRS Registration Records

Automated match Based on 1 of 3 match

criteria sets & legal status indicator and REAL ID Compliant

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.

DHSMV/DAVE Driver Licensee

Records

Identification of Voters Who May Be Non-U.S.

Citizens -On Hold Pending Litigation

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.

Jury List/Excusal Notices

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.

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.


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.



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



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.

In-state Duplicate Registration Record Cross-

check

• Source:

21 states are participating for 2013

Interstate Voter Registration Cross-check

Program (aka “Kansas Project”)

• 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.


Program (aka “Kansas Project”) (cont’d)

Criteria



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.



Source:

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.

o 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.

o BVRS will no longer distribute statewide lists of names that cannot be found on FVRS.

Voter Registration Cancellations

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.

Removal of Inactive Voters

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: Erroneous/Illegal Removal and Right to Appeal

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.

Pointers: Eligibility Records Maintenance

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.

Quality Control

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 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)

Accounting-Eligibility and Address Records Maintenance

Supervisor:

Maria Matthews- [email protected] ; 850-245-6520

Administrative Assistant

Katie Gamertsfelder- [email protected] ; 850-245-6519

Senior Management Leader

Toshia Brown- [email protected] ; 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

Contact Information

florida department of state division of elections · 1/29/2013 · upon presentation of...

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