Florida Department of StateDivision of ElectionsJanuary 2011

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Governing Law

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.

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Objective of Address List and Records (Eligibility) Maintenance Activities Under State and Federal Laws

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.

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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

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Proposed Rule 1S-2.0417 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

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Address List Maintenance Activities

Subsection (3)

A change in a registered voter’s LEGAL residence ...

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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.

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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. )

Address List Maintenance

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Address List Maintenance (cont’d)

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

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Address List Maintenance (cont’d)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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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.

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USPS/NCOA USPS (“yellow

sticky”) Jury notice lists HSMV Out-of-

state DL lists

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

Address List Maintenance3rd Party Address Sources that may trigger notices to voter

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Address List Maintenance: Notices—3 TypesAddress 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

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Address List Maintenance: Notices—3 TypesAddress 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

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Address List Maintenance: Notices—3 TypesAddress 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

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

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

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

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

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

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Address List Maintenance: Voter Feedback to Address Confirmation Request

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

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

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

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

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Address List Maintenance: Pre-registered voters

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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.

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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

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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.

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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

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Address List MaintenanceRemove Registered Voter WHEN1. Voter confirms in writing out-of-state

residence change, OR2. 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.

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Address List MaintenanceExamples of when to remove inactive voters

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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)

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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. ’

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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

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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 registration36

Registration (Eligibility) Record

Maintenance ActivitiesSubsection (4)

A change in a registered voter’s eligibility

status . . .37

Records (Eligibility) MaintenanceRecords 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.

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FVRS

App

licat

ion

Inte

rface

External Links

Security Module

FVRS

Reg

istra

tions

Pet

itons

Vot

er H

isto

ry

Add

ress

ing

Abs

ente

e B

allo

ts

Rep

orts

Dat

a E

xtra

ctio

n

Con

tact

Tra

ckin

g

HSMV

Driver’s License

Voter Registration

FDLE

Felonies

Vital Stats

Deaths

Clemency

Rights Restoration

FVRS System Design

FVRS Application Interface

County Voter Registration System

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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 40

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 41

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

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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

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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)44

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Mail Notice of Potential Ineligibility to registered

voter w/in 7 days of receiving information/documentation

Voter does not respond w/in 30 days

Voter admits ineligibility

Voter denies ineligibility

No hearing requested

Determine eligibility of voter

Voter ELIGIBLERecord action

in FVRS. Notice to Voter(Entire process

must be completed within 120 days)

Voter INELIGIBLE.

Record action in FVRS.

Remove voter from FVRS.

Hearing requested

Actual notice undeliverabl

e

Publish notice (as legal ad in

newspaper) (Constructive

notice- 30 days to respond)

Registration (Eligibility) MaintenanceNotice and Removal-Section 98.075(7), Fla. Stat.

Registration (Eligibility) Records Maintenance Act on other information sources of

ineligibilityDo not wait for State Initiate notice and removal procedures

under section 98.075(7), Florida StatutesNotify 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)

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Registration (Eligibility) Records Maintenance Other Triggers

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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.)

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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

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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?

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Address and Eligibility Records MaintenanceTwo Distinct Maintenance Activities Reports If a person is removed after being on inactive

status through 2 general election cycles, then only report it on the Certification of Activities Report for Address List Maintenance.

If a person is removed from FVRS because of ineligibility, then only report it on the Certification of Activities Report for Records (Eligibility) Maintenance.

For all other activities associated with address list or eligibility regarding the same voter, report the activities separately as aggregated data.

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Address and Eligibility Records MaintenanceSummary Focus efforts and actively conduct list

maintenance in off-Election years Expect increased attention from public,

political committees sponsoring petitions (initiatives, recall), political parties, media and DOJ regarding accurate and current rolls.

Anticipate more oversight from Division of Elections to follow up on removal of deceased, duplicates, and felons –Shall include tracking status and providing reminders to SOEs.

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Questions?

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