Florida Department of State Division of Elections Bureau of Voter Registration Services Overview Ken Detzner Secretary of State Maria Matthews, Esq. Director, Division of Elections Toshia Brown, Chief, BVRS •BVRS Structure and Role BVRS Organizational Chart Alex Mosca, Governmental Operations Mgr Maria Matthews, Director, Gary Holland, Assistant Director Governmental OperationsNVRA, Statistical Reporting/Voter Extracts Division of Elections Toshia Brown, Chief, and Amber Marconnet, BVRS Senior Mgr Bureau of Voter Registration Services Voter Registration Ineligibility Reporting 3rd party voter registration organizations, FVRS Quality Control Full-time staff (21) and OPS Staff (20-60 depending on project/election cycle) Out-of-State Cancellations Mental Incapacity Early voting dates/hours and locations Voter Application Entry Non U.S. citizen (future) Early voting history summary and detail files HSMV Verifications Felon (in-State, Outof-State, Federal, Registered Sexual Offenders) Absentee ballot request files Deceased 3PVRO Registrations Duplicate Registration Records 3 PVRO Complaints Aged Felon and Deceased File Reports Inactive Registered Voters Administrative Input Errors-Date of Birth, DL BVRS Primary Functions Public inquiries and voter assistance Voter registration services-new registrations & updates, HSMV verifications, etc. Statistical and summary reports relating to voter registration, voting and election results Investigation of voters' eligibility statusconvicted felons, mental incapacitated persons, deceased, etc. •BVRS Election-Related Reporting Oversight Responsibilities Absentee ballot request info reports • 60 days before primary, special primary, special election and ends 15 days after general (for PPP-60 days before to 15 days after) • Sections 100.191 and 101.62(3), Fla. Stat. Early voting reports Election night results • Day after 1st EV day and end day after last EV day • Early voting reports are available before a primary, special primary, special election and general elections • 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 • Sections 100.191 and 101.657, Fla. Stat. • Section 102.141(4), Fla. Stat.) •Address List and Records (Eligibility) Maintenance Activities Under State and Federal Laws Governing Laws: National Voter Registration Act of 1993 (NVRA) (52 U.S.C. § 20507(a)(3), (a)(4), (b)(2)) Help America Vote Act of 2002 (HAVA) (52 U.S.C. § 21083) 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. How a voter’s name is removed NVRA Voting/Record Inactivity Voter’s Written Request to be Removed Voter does not vote or attempt to vote, request an absentee ballot or otherwise update record during the 2 general election cycle period after becoming ‘inactive’. Out-of-state cancellation notices Out-0f-state election official provides notice that voter is registered in another state –we do the same for other states Ineligibility 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). •FVRS Address List Maintenance A change in a registered voter’s legal residence Biennial Program for Address List Maintenance (s. 98.065(2)-(3), F.S.) Minimum every odd-numbered years. 1 or more program targets: 1. NCOA Mailing-All registered voters against U.S. Postal Service National Change of Address 2. Countywide mailing –All registered voters 3. NVRA inactivity -Only registered voters with no voting activity or written request for record updates (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. STOP or WRAP-UP by 90 days 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. 12 Pointers Run 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. 13 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. 14 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. 15 3rd Party Sources USPS/NCOA USPS (Yellow Sticky) 3rd Party Source Information (triggers notice to voter) Other Returned Mailings Jury Lists/Clerks 16 ACR- Address Confirmation Request Types of Notices Notice to Voter Address Confirmation Final Notice S. 98.065, 98.0655, 97.071, F.S.; R1S-2.041, F.A.C. Voter Information Card Address Change Notice Voter Registration Cancellations Source: 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 SOE makes determination and removes voter automatically (treated like voter requests to be removed) Section 98.045(2), Fla. Stat. 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 Undeliverable confirmation received 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. •FVRS Eligibility Records Maintenance A change in registered voter’s eligibility status Information Sources, File Creation and Transfer Methods Identifying Potentially Convicted Felon/Voters without Rights Restored Information sources s. 98.093, F.S. BVRS manual review Credible and Reliable Files FVRS BVRS manual review -Invalid matches SOE Notice to Voter (within 7 days) Determination of Ineligibility Removal (s. 98.075(7), F.S.) if applicable (entire process should take no more than 120 days) 21 Felon Information: Sources and File Transfer Method: Florida Department of Law Enforcement Enforcement Florida Department of Corrections State felons Automated Run Electronic thru FVRS/BVRSA FelonsRegistered Sexual Offenders Secured FTP site SOE Portal/Transfer Utility State felons/outof-state felons Webservice Access Electronic thru FVRS/BVRSA SOE Portal/Transfer Utility U.S. Attorneys/Clerks of Court (fed felons) Fed felons Paper (mail, email, fax) Out-of-state Federal and State Court Clerks Out-of-state and fed felons Paper (mail, email, fax) SOE Portal/Transfer Utility All felons Paper (mail, email SOE Portal/Transfer Utility Florida Commission on Offender Review 22 Other sources (cont’d) You can also act directly and immediately on you get (clerk of court reports, big story in the paper, etc.) Must be credible and reliable Must still follow notice and removal process under section 98.075(3)(a), F.S., Do not have to wait to get a file from the State BUT by rule CONTACT BVRS when creating a felon file from a source other than from BVRS. BVRS will crosscheck for pending matches –avoid duplicate files. Identifying Potentially Adjudicated Mentally Incapacitated Persons W/O Voting Rights Clerk of Courts Notices/Lists of Adjudications and Restorations BVRS manual review Credible and Reliable Files FVRS BVRS manual review -Invalid matches SOE Notice to Voter (within 7 days) Determination of Ineligibility Removal (s. 98.075(7), F.S.) if applicable (entire process should take no more than 120 days) 24 Additional Points Record notices and determination –Required by R1S-2.041, F.S. Process should take no longer than 120 days (If still waiting for hearing or quarterly newspaper publication that process could exceed 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.) Identifying Potentially Deceased Voters Social Security Master Death File Index Weekly 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 FVRS Potential Matches BVRS Manual Review 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: For information regarding potential death matches. Jury List/Excusal Notices BVRS receives periodic jury excusal notices or lists from clerks of court relating to jurors who have: o Made address changes o Claimed to be convicted felons without civil rights restored o Claimed to be non-U.S. citizens BVRS forwards to appropriate county. •FVRS Eligibility Records Maintenance Notice and Removal Removal for Ineligibility –Due Process under Notice and Removal Procedures for Ineligibility (s.98.075(7), F.S.) Notice to Voter (Verified mail or if undeliverable, published notice) Opportunity to Respond (30 days from notice) Hearing, if requested Review of evidence Final Determination Wrap up 120 days Record determination in FVRS Notice to Voter Records retention -permanent Notice to the Voter Within 7 days of receipt of information and created file: • Actual Notice (certified return receipt or other verified method of receipt and must include: • o o Statement + copy of documentation underlying potential ineligibility o o o Return form for voter to admit or deny the accuracy of the information. 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. 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. Published notice (if actual notice undeliverable, publish once in a newspaper of general circulation in the county where voter registered to include: o o o Voter’s name and address. o Instructions for contact, assistance and procedure to resolve the matter. 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. Response from the Voter 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 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 Law 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 Ongoing ineligibility records requirement- required by federal and state law all the time. 90-day moratorium inapplicable to felony and mental incomp and deceased ineligibility files (In contrast-Address list maintenance programs must be completed no later than 90 days before federal election). Removal for ineligibility may occur anytime subject to applicable and appropriate notice and removal processes. •FVRS Records – Quality Control/Accounting In-state Duplicate Registration Records Source: FVRS (s. 98.075(2), F.S.) Daily process: automated notification through FVRS. Criteria: Name, date of birth. Recently expanded to identify voters with the same last name, date of birth and same driver’s license number. SOEs review: Determine if identified records are truly duplicates or not. Coordination required between SOEs to reconcile records in different counties. Quality Control –Expanded Reports: Duplicate registration record runs by type and criteria: Type Criteria FN-DB-SSN+ First name, DoB, SSN4 + (Last Name partial; Same Address or same DL number) FN-DB-SSN First name, DoB, SSN4 DL-LN-FN-DB DL number + Last name , First name and DOB DL-FN-DB+ DL number, First name, DoB + (Last Name partial or Same Address) DL-FN-DB DL number, First name, DoB DL-FN+ DL number, First name + (Last Name partial or Same Address) DL-FN DL number, First name MBDLERROR= DL number + Last name , First name and DOB –matches exist for both voter ID’s MXDLERROR= DL number + Last name , First name and DOB – match exists for Voter ID 1 MZDLERROR= DL number + Last name , First name and DOB – match exists for Voter ID 2 DLERROR+ DL number – match on partial name or same address DLERROR- DL number – Birth Year does NOT match so the DL number should not be the same DLERROR DL number Cross-checks –Periodic Reports Feedback from SOEs regarding invalid DOS identified ineligible matches (e.g., identity, administrative input errors, etc.) o NOTIFY the chief of the Bureau of Voter Registration Services. o File reviewed and corrected as needed Cross-checks –BVRS quarterly reports (cont’d) Inactive voters for longer than 2 general election cycles Incomplete driver’s licenses Incomplete voter status for 2 + years Voters with birth years older than 115 Voters with future and pre-1900 registration dates Incorrect SSN information. Example SSN appears in voter record as 082-02-0000 or a five digit SSN 08202. o Date of birth less than registration date o Age in DL is different than voters DOB Cross-checks –BVRS quarterly reports (cont’d) NONE fields o All VID’s with the first and last name of NONE or (NONE). o All where VID’s last name is NONE or (NONE) o All where VID’s first name is listed as NONE or (NONE). o All where VID records have blanks in the first/last name fields as well as the word ‘Unknown’. Protected records o Compare of this report to the prior generated report to determine if the protected flag on any of these records have been removed and are no longer protected in FVRS. o Administrative data input cr0ss-checks [ongoing and/or future] Accounting-Eligibility Records Maintenance BVRS aged felon and deceased reports (monthly) o o FDLE felon match files –more than 120 days old o Work the files and contact BVRS if notice not received. DOH/BVS and SSA deceased matched files –more than 7 days old Move-in/move-outs of potential felons within county: o o If file created in BVRS, contact BVRS so match can be reevaluated for continuing validity. If still valid, BVRS will be reassigned to the new county of residence. Do not transfer file yourself. If file created in county, then SOE MUST notify the new county and coordinate file transfer. Do not involve BVRS. Accounting-Eligibility and Address Records Maintenance 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 Bureau Chief: Toshia Brown [email protected] ; 850-245-6225 Senior BVRS Manager Amber Marconnet [email protected] ; 850-245-6224 Administrative Assistant Katie Gamertsfelder [email protected]; 850-245-6209 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 reports Third-party voter registration organization
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