Florida Department of State Division of Elections

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.)



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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:

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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.)

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

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

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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