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
Maria Matthews, Esq.
Director
NVRA VRAs, Monthly Voter Extracts &
Book closing & Statistical Reports
Virgie Madrigal
3rd party voter registration
organizations
Toshia Brown, Sr. Mgmt. Supervisor
Jason Merrick
Voter registration
applications, out-ofstate cancellations,
voting- and
election-related
reporting
Terry Raines
Mental Incompetence
files, jury list
address/non-U.S. citizen
notices, tech database
and office automation
Allen Taylor
J.C. Fishbough
Felon file, HSMV
verifications,
deceased
processing
Special projects,
public/voter
inquiries, OPS
management
Full-time staff (20)
OPS Staff (30-60 depending on
project/election cycle)
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 10-11th
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 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.
How a voter’s name is removed


Voter requests removal in writing.

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.
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).
»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.
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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. . .
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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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.
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Address List Maintenance
3rd Party Sources that may trigger notices to voter
» Other sources: Any returned
undeliverable or non-forwardable
» USPS (“yellow sticky”)
mailing you sent out to the
registered voter such as any
» Jury notice lists
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
» USPS/NCOA
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 3rd 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.)
21
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)
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.)
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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
Social Security Master Death
File Index
• Daily automated run
• Nationwide death database
FVRS Registration
Records
Potential
Matches
BVRS
Manual Review
Exact Matches
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
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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
Automated match
Based on 1 of 3 match
criteria sets
& legal status indicator
and REAL ID Compliant
BVRS Manual ReviewRe-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
DHSMV/DAVE
Driver Licensee
Records
U.S. Department of
Homeland SecuritySAVE/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 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.
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- [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