Florida Voter Registration System Address List Maintenance Records (Eligibility) Maintenance

1. Florida Department of State Division of Elections January 2011 Florida Voter Registration System Address List MaintenanceRecords (Eligibility) Maintenance

2. Governing LawNational 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.

3. Objective of Address List and Records (Eligibility) Maintenance Activities Under State and Federal LawsMaintain accurate and current rolls triggered by activities that indicate either a change in a voter’s address of legal residenceor a change in the voter’s eligibility.

4. A registered voter’s name may only be removed IF the voter : • Requests it in writing. • Is ineligible (felony conviction without civil rights restored; mentally incapacitated without voting rights restored, non voting age, non U.S. citizen, listed a false residence address or address that is not his or hers, fictitious person) • Is inactive voter (which happens if voter does not respond to or there is undeliverable address confirmation final notice) and then only after period of voter inactivity (i.e., does not vote or attempt to vote, request an absentee ballot or otherwise update voter registration record for two consecutive general (federal) elections) • Is registered in another state per notice from the out-of-state election official

5. Proposed Rule 1S-2.041 • 7 Subsections • Applicability • Definitions • Address list maintenance activities/process • Eligibility list maintenance activities/process • Removal of voters for other reasons (not specifically addressed in rules) • Availability of Forms (notices and certification of activities forms) • Effective date

6. Address List Maintenance ActivitiesSubsection (3)A change in a registered voter’s LEGAL residence ...

7. Address List Maintenance • Programmatic: Incorporate at least 1 of 3 general address maintenance activities program to be conducted at least every odd-numbered (note: non-general (federal) election year) • Ongoing: Continuous address change feedback from other third-party address sources and from the voter.

8. Address List Maintenance • Key definition • “Third-party address source” refers to information triggered by a source other than from the active voter that his or her residence address has changed • Enter address change first, then contact the active voter (Typically this will include feedback from address list maintenance program activities and other mailings you send out. )

9. Address List Maintenance (cont’d) • 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

10. Address List Maintenance (cont’d) • 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.

11. Address List Maintenance (cont’d) 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. . . Then you make appropriate change in record and send either an Address Change Notice or Address Confirmation Final Notice depending on change.

12. Address List Maintenance 3rd Party Address Sources that may trigger notices to voter • Any returned undeliverable or nonforwardable 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 • USPS/NCOA • USPS (“yellow sticky”) • Jury notice lists • HSMV Out-of-state DL lists

13. Address List Maintenance: Notices—3 Types Address Confirmation Request (ACR) • Sent by non-forwardable if undeliverable mail • Does not include a return form • Asks voter to CONTACT supervisor regarding address verification and name change (any address or name change has to be done in accordance with s. 97.1031, F.S.) • Use anytime you want to the voter verify or correct his name or address • Does not require response by voter • Must include contact information for SOE office

14. Address List Maintenance: Notices—3 Types Address Change Notice (ACN) • Send by forwardable mail • Includes a pre-paid postage pre-addressed return form to be completed • Asks voter to verify or correct new residential address change that has been made based on 3rd party address source information • Does not require voter to respond • Must include contact information for SOE office

15. Address List Maintenance: Notices—3 Types Address Confirmation Final Notice (ACFN) • Send by forwardable mail • Includes prepaid postage preaddressed return form • Requires voter to verify or confirm current address within 30 days • Use when residential address is no longer valid based on prior notices without forwarding info • Triggers voter inactive status if voter does not respond or notice is undeliverable within 30 days • Must include SOE office contact information and link to U.S. EAC for out-of-state registration info

16. Address List Maintenance: What to do if the 3rd party source indicates an in-countyaddress change for legal residence?

17. Address List Maintenance: What to do if the 3rd party source indicates an out-of-countyaddress change for legal residence?

18. Address List Maintenance: What to do if the 3rd party source indicates out-of-stateaddress change for legal residence?

19. Address List Maintenance: What to do if the 3rd party address source indicates non-residential address change?

20. Address List Maintenance: What to do if the 3rd party source indicates change in legal residence but provides no forwarding address?

21. Address List Maintenance: Voter Feedback to Address Confirmation Request

22. Address List Maintenance: Voter Feedback to Address Change Notice (voter does not have to reply)

23. Address List Maintenance: Undeliverable Address Confirmation Request or Address Change Notice (voter does not have to reply)

24. Address List Maintenance: Voter Feedback to Address Confirmation Final Notice (ACFN)

25. Address List Maintenance: Feedback to Address Confirmation Final Notice(ACFN)

26. Address List Maintenance: Pre-registered voters

27. Address List Maintenance Inactive Voter Status (s. 98.065, F. S.) • Voter has not responded to the Address Confirmation Final Notice (i.e. returned postage pre-paid postage, preaddressed return form ) within 30 days, or • Address Confirmation Final Notice is returned as undeliverable with no forwarding address.

28. Address List MaintenanceRestore Inactive Voter to Active Status (s. 98.065, F.S.) ONLY IF: • Once voter is placed in inactive status, you do not keep making 3rd party address source changes to residential record field. At that point, it is up to the voter to change his or her status to active by: • Updating his or her registration record (party change, name change, signature, address, etc.) • Requesting an absentee ballot • Voting or attempting to vote

29. Address List Maintenance How to handle third-party address source change on potentially ineligible voters • Until officially removed, they are to be processed the same way as any other registered voter • SOE must run daily reports of potential ineligible voters who have been moved out-of-county by way of address change • If file did not originate from BVRS, prior county of residence notifies new county of residence and transfers file within 1 week for processing.

30. Address List Maintenance Third-party address source change on potentially ineligible voters (cont’d) • If ineligible case file originated from BVRS, SOE must notify BVRS immediately and return case within 1 week after identifying out-of-county –notice must include voter’s name, FVRS ID # and match record ID # • BVRS will re-process file and redirect to new county of residence • New county of residence must initiate new Notice of Potential Ineligibility

31. Address List MaintenanceRemove Registered Voter WHEN 1. Voter confirms in writing out-of-state residence change, OR 2. Voter has failed to respond to Address Confirmation Final Notice), and then 2 consecutive federal general elections have gone by in which the inactive voter has not tried to vote, requested an absentee ballot or updated his or her voter registration record OR 3. You receive information from an out-of-state election official that person has registered in new jurisdiction.

32. Address List MaintenanceExamples of when to remove inactive voters

33. Address List MaintenanceRemoval of Inactive Registered Voters ATTENTION: A general election in which a federal office is on the ballot occurs every even-numbered year (every 2 years)

34. Address List MaintenanceTimeliness • No specific statutory timeframe to begin address list maintenance program other than bi-ennial but should be ongoing • Process is time-consuming and procedurally intensive. • Should be wrapped up no later than 90 days before primary election of general election year in which federal office on ballot. • Don’t wait. ‘Begin as soon as possible. ’

35. Address List MaintenanceRestrictions to Removal • ‘90-Day Quiet Period’ • Any official address list maintenance program activities or removal of inactive voters should not be initiated or should be completed within the last 90 days before a primary or general election for federal office. – 42 U.S.C. Section 1973gg-6(c)(2)(A) • For 2012, the deadline to wrap up address list maintenance is around end of October 2011

36. Address List MaintenanceExceptions to 90-day Restriction • Deceased voters automatically if based on information from the State or if from some other source, after you follow the steps in section 98.075(7), F.S. • Ineligible voters (e.g., convicted felons without rights restored, persons adjudged mentally incapacitated without voting rights restored  after you follow the steps in section 98.075(7), F.S. • A registered voter asks to be removed • Notice from out-of-state election official of out-of-state registration

37. Registration (Eligibility) Record Maintenance Activities Subsection (4) A change in a registered voter’s eligibility status . . .

38. Records (Eligibility) Maintenance Records compared within FVRS system and against other governmental records to identify: • Ineligible persons (deceased persons, felons without rights restored, persons adjudged mentally incapacitated without voting rights restored. • Duplicate registration records for the same voter.

39. External Links Security Module County Voter Registration System FVRS System Design

40. Registration (Eligibility) Record MaintenanceDuplicate Registrations(section 98.075(2), F.S.) • Front-end (refer to proposed rule 1S-2.039) • Cross-check for existing registration record before creating new one. If one is found, process application as an update to existing record-only one active record per voter. • Back-end (proposed rule 1S-2.041): • Review duplicate record matches (automated) or the same voter as identified by the Department (and noticed through FVRS). • Determine whether records match or not. There should only be one active record per voter. • Determination must be made and entered no later than 2 weeks after receipt of information

41. Registration (Eligibility) Record MaintenanceDeceased Persons (Section 98.075(3), Fla. Stat.) • FVRS data compared again Department of Health’s Office of Vital Statistics. • Confirmed matches automatic through FVRS. Remove voter’s name upon notice. • Potential matches are 1st worked by BVRS. If still unresolvable, notice sent through FVRS to SOEs who must work to determine if match is valid, not valid or indeterminate. • Option to evaluate further but determination must be made and entered no later than 2 weeks after receipt

42. Registration (Eligibility) Maintenance:Persons Adjudged Mentally Incapacitated Without Voting Rights Restored (s. 98.075,(4) & (7), Fla. Stat.) • Department of State’s BVRS compares clerk of court data against FVRS. (should only include persons whose voting rights removed or restored as part of mental incompetence matter). • State creates ‘credible and reliable file’, notice through FVRS , and express mails file overnight. • SOE must send Notice of Voter within 7 days of notice and follow process in subsection (7) before removal from FVRS. • Determination must be made and entered no later than 120 days after receipt of match

43. Registration (Eligibility) Maintenance:Convicted Felons Without Civil Rights Restored (s. 98.075,(5) & (7), Fla. Stat.) • Department of State’s BVRS reviews initial FDLE data against other sources (court records, clemency data, DHSMV David system, etc.) • State creates ‘credible and reliable file’ and express mails file overnight. • SOE sends Notice of Potential Ineligibility to voter within 7 days and follow process in subsection (7) before removal of voter from FVRS. • Determination must be made and entered no later than 120 days after receipt of match

44. Registration (Eligibility) MaintenanceNotice and Removal-Section 98.075(7), Fla. Stat. Notification letter (certified with return receipt) to voter MUST include: • Include copy of supporting document as to basis for ineligibility (redact confidential and exempt information) • Statement that voter must respond within 30 days or be removed from rolls • Return form (pre-paid postage, self-addressed) for voter to admit or deny potential ineligibility • Statement of right to request a hearing. (only available if voter is denying ineligibility) • SOE Contact information. Voter can ask supervisor for help to resolve the matter. • Civil rights restoration instructions (if applicable)

45. Registration (Eligibility) MaintenanceNotice and Removal-Section 98.075(7), Fla. Stat. Mail Notice of Potential Ineligibility to registered voter w/in 7 days of receiving information/documentation Actual notice undeliverable Voter does not respond w/in 30 days Voter admits ineligibility Voter denies ineligibility Publish notice (as legal ad in newspaper) (Constructive notice- 30 days to respond) No hearing requested Hearing requested Determine eligibility of voter Voter INELIGIBLE. Record action in FVRS. Remove voter from FVRS. Voter ELIGIBLE Record action in FVRS. Notice to Voter (Entire process must be completed within 120 days)

46. Registration (Eligibility) Records Maintenance • Act on other information sources of ineligibility • Do not wait for State • Initiate notice and removal procedures under section 98.075(7), Florida Statutes • Notify state in cases of felon or mental incapacity cases that you initiate and send notice to the voter. (some of them may be in the Department’s queue already and we can eliminate from our queue)

47. Registration (Eligibility) Records MaintenanceOther Triggers

48. Address and Eligibility Records MaintenanceCertification of Activities Reports • Submit timely and thorough bi-annual certification of activities reports (forms #117 and #118, simplified) • Due January 31 and July 31 of each year for prior 6 months • Activities relating to address list maintenance (section 98.065, Fla. Stat.) • Activities relating to identifying and removing ineligible registered voters (section 98.075, Fla. Stat.)

49. Address and Eligibility Records MaintenanceAddress List Maintenance Certification • Report aggregated data (DE #117) • How many address confirmation requests, address change notices and address confirmation final notices did you send out? • How many voters did you change to inactive status? • How many inactive voters did you remove from FVRS because general (federal) general elections had gone without any voter-initiated activity (i.e., no voting or attempt to vote, no request for absentee ballot or no update to voter record

50. Address and Eligibility Records MaintenanceEligibility Records Maintenance Certification • Report aggregated data (DE #118) • How many notices of potential ineligibility did you mail out and how many did you publish during the prior 6 months? • How many registered voters responded to the notice? • How many of those notices came back as undeliverable? • How many hearings were requested? • How many voters did you remove from FVRS because they were ineligible?