Florida Department of State Division of Elections

Bureau of Voter Registration Services Overview

Toshia Brown, Chief, BVRS Ken Detzner Secretary of State Maria Matthews, Esq. Director, Division of Elections

•BVRS Structure and Role

Governmental Operations-NVRA, Statistical

Reporting/Voter Extracts Division of Elections

Bureau of Voter Registration Services

Voter Registration

Out-of-State Cancellations

Voter Application Entry

HSMV Verifications

Ineligibility

Mental Incapacity

Non U.S. citizen (future)

Felon (in-State, Out-of-State, Federal, Registered Sexual

Offenders)

Deceased

Reporting

Early voting dates/hours and

locations

Early voting history -summary and detail

files

Absentee ballot request files

3rd party voter registration

organizations,

3PVRO Registrations

3 PVRO Complaints

FVRS Quality Control

Duplicate Registration Records

Aged Felon and Deceased File

Reports

Inactive Registered Voters

Administrative Input Errors-Date of Birth,

DL

Maria Matthews, Director, Gary Holland, Assistant Director

Toshia Brown, Chief, and Amber Marconnet, BVRS Senior Mgr

Alex Mosca, Governmental Operations Mgr

Full-time staff (21) and OPS Staff (20-60 depending on project/election cycle)

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

•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

• 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

• Sections 100.191 and 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.)

•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.

NVRA Voting/Record

Inactivity

Voter’s Written Request to be

Removed

Out-of-state cancellation

notices

Ineligibility

How a voter’s name is removed

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).

Out-0f-state election official provides notice that voter is registered in another state –we do the same for other states

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’.

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

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.

Biennial Program for Address List Maintenance (s. 98.065(2)-(3), F.S.)

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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1

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.

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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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2

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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3

16

3rd Party Source

Information (triggers notice to

voter)

USPS/NCOA

Other Returned Mailings

Jury Lists/Clerks

USPS (Yellow Sticky)

3rd Party Sources

Types of Notices

Notice to Voter

S. 98.065, 98.0655,

97.071, F.S.; R1S-2.041,

F.A.C.

ACR- Address Confirmation

Request

Address Change Notice

Voter Information

Card

Address Confirmation Final Notice

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.

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

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.

Removal of Inactive Voters

•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

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FVRS

Information sources

s. 98.093, F.S.

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)

BVRS manual review

Credible and

Reliable Files

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Florida Department of Law

Enforcement

State felons Automated

Run Electronic thru FVRS/BVRSA

Florida Department of Law

Enforcement Felons-Registered

Sexual Offenders

Secured FTP site

SOE Portal/Transfer

Utility

Florida Department of

Corrections

State felons/out-

of-state felons

Webservice Access

Electronic thru FVRS/BVRSA

U.S. Attorneys/Clerks of

Court (fed felons) Fed felons

Paper (mail, email, fax)

SOE Portal/Transfer

Utility

Out-of-state Federal and State

Court Clerks

Out-of-state and fed felons

Paper (mail, email, fax)

SOE Portal/Transfer

Utility

Florida Commission on Offender

Review All felons

Paper (mail, email

SOE Portal/Transfer

Utility

Felon Information: Sources and File Transfer Method:

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 cross-

check for pending matches –avoid duplicate files.

Other sources (cont’d)

Identifying Potentially Adjudicated Mentally Incapacitated Persons W/O Voting Rights

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FVRS

Clerk of Courts

Notices/Lists of Adjudications and

Restorations

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)

BVRS manual review

Credible and

Reliable Files

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.)

Additional Points

Identifying Potentially Deceased Voters

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FVRS

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

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

Exact Matches

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.

Removal of Deceased (cont’d)

BVRS receives periodic jury excusal notices or lists from clerks of court relating to jurors who have:

oMade address changes

oClaimed to be convicted felons without civil rights restored

oClaimed to be non-U.S. citizens

BVRS forwards to appropriate county.

Jury List/Excusal Notices

•FVRS Eligibility Records Maintenance

Notice and Removal

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

Removal for Ineligibility –Due Process under Notice

and Removal Procedures for Ineligibility (s.98.075(7), F.S.)

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 Statement + copy of documentation underlying potential ineligibility

o 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.

o Return form for voter to admit or deny the accuracy of the information.

o Notice of right to request hearing only if denying ineligibility.

o 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 Voter’s name and address.

o Statement of voter’s potential ineligibility.

o 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.

o Instructions for contact, assistance and procedure to resolve the matter.

Notice to 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

Response from the Voter

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.

Law

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.

Pointers

•FVRS Records –

Quality Control/Accounting

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.

In-state Duplicate Registration Records

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

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 –Periodic Reports

Inactive voters for longer than 2 general election cycles

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.

Incomplete driver’s licenses

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]

Cross-checks –BVRS quarterly reports (cont’d)

BVRS aged felon and deceased reports (monthly)

o FDLE felon match files –more than 120 days old

o DOH/BVS and SSA deceased matched files –more than 7 days old

o Work the files and contact BVRS if notice not received.

Move-in/move-outs of potential felons within county:

o If file created in 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.

o If file created in county, then SOE MUST notify the new county and coordinate file transfer. Do not involve BVRS.

Accounting-Eligibility 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)

Accounting-Eligibility and Address Records Maintenance

Bureau Chief: Toshia Brown Toshia.Brown@dos.myflorida.com ; 850-245-6225 Senior BVRS Manager Amber Marconnet

Amber.Marconnet@dos.myflorida.com ; 850-245-6224 Administrative Assistant Katie Gamertsfelder

Katherine.Gamertsfelder@dos.myflorida.com; 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

Contact Information