1IdentificationProcess ofPotentialNon-U.S.Citizens andSAVEVerificationand Access                   Ken Detzner          Ma...
DOS revet of “2600” list originally sent in April 2012 DOS Access to DHS SAVE (Department of State’s Access  to Departme...
 Originally sent in April 2012 via disks Consisted of registered voters initially identified as  non-U.S. citizens per F...
Automated match        DOS                              Based on 1 of 3 match                     DHSMV        FVRS       ...
   Automated match process involving data from the Florida    Department of State’s Florida Voter Registration System    ...
   Criteria 1: DLDOS = 100% match on DOS/FVRS full 13-digit    driver license number with DHSMV full 13-digit driver lice...
   Re-verification of identity: Is the person identified in the FVRS    file the same person as the person identified in ...
   Re-verification of legal status (if identity verified)in DAVID:        U.S. Citizen: Native-born in U.S. or U.S. terr...
   Verification of legal status in DAVID:        Non-immigrant (Temporary (legal) status in U.S. –i.e. limited         t...
 Temporary visitor for business or pleasure Diplomat or other foreign government official Students: academic, vocationa...
 Invalid match for non U.S. citizen:    Already removed from rolls (e.g., ineligibility reasons—deceased,     felon, men...
Department of State’s Division of Elections’Access/Use of SAVE to Verify Legal Status                          12
DOS Access and Use of SAVE   DOS entered into agreement with DHS on August      14, 2012     Staff trained to use SAVE s...
Initial verification –Field entries Alien registration number (or in extremely few cases I-94    admissions number) as o...
   Initial verification(3-5 second response time):   Possible Responses:   U.S. citizen, or     Non-U.S. citizen (e.g....
   Additional verification (3-5 day response time):     U.S. citizen     Non-U.S. citizen (e.g., lawful permanent resid...
   Third-level/Additional Verification (10-20 day response    time/by mail (not electronic) which requires immigration   ...
For those voters whose identity misidentified orindeterminate, who are documented U.S. citizen inDAVID, or who are SAVE ve...
Certified list ofregistered voters who areSAVE verified U.S. citizensto include: FVRS IDnumber of, associatedAlien ID Num...
For SAVE verified Not-U.S. citizensCover letter from Division of Elections’ Bureau of VoterRegistration ServicesCertifie...
Supporting Document 1: FVRS Screen Shot ofRegistration Record Associated with RegisteredVoter                             ...
Supporting Document 2: DAVE Screen Shot Associated with RegisteredVoter’s DL and SSN and Alien Registration Number        ...
SupportingDocument 3:DHS SAVECase DetailReport basedon associatedalienregistrationnumber, votername, anddate of birth     ...
DOS notices on updatedverifications of 2600 will go out toSOEs no later than October 15,2012                              ...
       For registered voters whose legal status determined        to be U.S. citizens through DAVID or verified by       ...
   For registered voters verified by SAVE as not U.S. citizens,    resume notice and removal procedures under section    ...
 For registered voters whose identity was mismatched or indeterminate or whose legal status is indeterminate (and no alie...
How the Department of State will grant SOEs   Access to SAVE                         28
   Access: Granted through DOS authority as Superuser under    DHS-DOS Memorandum of Agreement   Memorandum of agreement...
   Oversight: Strict monitoring, auditing and recordkeeping    required   Termination: Any time, with or without cause....
Notice and RemovalProcess                     31
   Initiate notice (send by certified mail, return receipt    requested, or by some other verified receipt). By law,    n...
   The following three slides show the letter and    attachments that satisfy the statutory notice    requirements (and h...
34
35
36
 Allow voter 30 days to respond (if you receive   verification that mail delivered) –voter can send response   or provide...
U.S. PASSPORT   CERTIFICATE OF CITIZENSHIP                                             38
CERTIFICATE OF   CONSULAR REPORT OF BIRTHNATURALIZATION   ABROAD                                            39
U. S. BIRTH CERTIFICATE   U.S. BIRTH CERTIFICATESAMPLE -FLORIDA           SAMPLE -TEXAS                                   ...
   Name change: If current name and the name on the    primary identity document are different, you may need    additiona...
   Birth in certain U.S. territories: Person may be U.S. citizen    even if born in U.S. territories such asPuerto Rico, ...
   Determine eligibility of person based on available    information/documentation   Verify with DHS’ SAVE: In those cas...
   Send notice to the voter regarding determination and/or    removal   Retain ineligibility record permanently. See ite...
   Eligibility records maintenance is an ongoing    requirement of federal and state law and is not subject    to the 90-...
    If a registered voter initially identified as not a U.S. citizeno    Is not yet removed but shows he or she was or be...
Voter may be restored at any time for erroneousor illegal removal even after book closing. See s.98.081(2), F.S.Voter has ...
   If potentially ineligible registered voter (not yet removed) votes    provisionally     And shows eligibility (i.e., ...
   Although not required for continuing registration purposes,    encourage voter who is U.S. citizen to correct or updat...
1.   NOTIFY the chief of the Bureau of Voter     Registration Services of all cases in which file match     was identity m...
   SAVE Access Webinar: September 12, 2012, 10-11:30    am (hosted by Department of Homeland Security)   Follow-up webin...
Questions or comments?           Contact Information:           Maria Matthews, Esq.Chief, Bureau of Voter Registration Se...
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  1. 1. 1IdentificationProcess ofPotentialNon-U.S.Citizens andSAVEVerificationand Access Ken Detzner Maria Matthews, Esq. September 2012 Secretary of State Chief, Bureau of Voter Registration Services Division of Elections
  2. 2. DOS revet of “2600” list originally sent in April 2012 DOS Access to DHS SAVE (Department of State’s Access to Department of Homeland Security’s (DHS) database “Systematic Alien Verification for Entitlements (SAVE) Program Verification Information System (VIS)Information)Supervisors of Elections’ Access to DHS’ SAVE through Grant of Authority from DOSFuture webinars (SAVE and DOS long-term identification of potential ineligible non U.S. citizens) 2
  3. 3.  Originally sent in April 2012 via disks Consisted of registered voters initially identified as non-U.S. citizens per FVRS/DHSMV match: Non-immigrants (All counties) Immigrants (Only Bay, Baker, Bradford counties and part of Miami-Dade County) 3
  4. 4. Automated match DOS Based on 1 of 3 match DHSMV FVRS criteria sets & legal status Driver Licensee Registration indicator Records Records BVRS Manual Review- Re-verification of identity Re-verification of legal status U.S. Department SAVE verification: 1) Initiate verification, and 2) Review response: of Homeland a) Voter verified as U.S. citizen, b) Voter verified as not U.S. citizen, and c) SAVE unable to verify alien record or current legal status of Security- voter. SAVE/VIS Database:SOE Action: 1) Mail letter to SAVE verified U.S. citizens to disregard Initialprior notice/re-affirm registration status, 2) Mail notice to unverifiablenon-U.S. citizens re prior notice and reminder about eligibility verification,requirements penalties for false registration and voting & 3) Resume initial retry, &notice and removal process under s. 98.075(7), F.S. for SAVE verified additionalnon U.S. citizens and include one last SAVE verification prior to verificationdetermination of ineligibility and removal in cases where voter has notadmitted ineligibility. 4
  5. 5.  Automated match process involving data from the Florida Department of State’s Florida Voter Registration System (FVRS) was compared against data from the Florida Department of Highway Safety and Motor Vehicles’ Driver’s License and Vehicle Information Database (DAVID) based on 3 different sets of data criteria plus a flag of whether person was U.S. citizen, not U.S. citizen or indeterminate: 5
  6. 6.  Criteria 1: DLDOS = 100% match on DOS/FVRS full 13-digit driver license number with DHSMV full 13-digit driver license number Criteria 2: SSDOS = 100% match between a full 9-digit DOS/FVRS SSN and 100% DOS/FVRS Last Name to DHSMV full 9-digit SSN and last name Criteria 3: DL12 = 100% match on DL generated number using an algorithm incorporating FVRS registration data (last name, first name, middle name, birthdate, gender) and main the calculated DL number) against DL in DAVID Next Step: BVRS Manual Review 6
  7. 7.  Re-verification of identity: Is the person identified in the FVRS file the same person as the person identified in the DAVID? Invalid match:  Identity mismatch-not the same person in FVRS & DAVID  Insufficient demographics to determine identity match Valid match:  Last name, first name, date of birth, & SSN9 or SSN4  Last name, first name, date of birth, & DL as entered in system and as provided on application)  Secondary: Signature array, address array, photo 7
  8. 8.  Re-verification of legal status (if identity verified)in DAVID:  U.S. Citizen: Native-born in U.S. or U.S. territories, derived citizenship through parents, or naturalized:  DAVID lists “U.S. Citizen” status on DAVID summary page or on associated application page  Available documentary proof: U.S. Birth Certificate, U.S. Passport (Booklet or Card), U.S. Consular Certificate of Birth, Certificate of Naturalization or Certificate of Citizenship  Birthplace listed as U.S. or U.S. territories (less reliable without documentary proof). 8
  9. 9.  Verification of legal status in DAVID:  Non-immigrant (Temporary (legal) status in U.S. –i.e. limited time and/or specific purpose/activity (DL-state ID issued annually)) or immigrant (Lawful permanent resident-indefinite stay to live/work):  Not a U.S. Citizen written on DAVID summary page (next to conditional messages) or on associated application page  Foreign country of birth listed  Alien registration number  Available documentary proof: Foreign passport, foreign birth certificate, INS document (e.g., I-551, I-776, I-485, etc.) 9
  10. 10.  Temporary visitor for business or pleasure Diplomat or other foreign government official Students: academic, vocational Researcher Person in special or highly skilled occupation Temporary agricultural or seasonal worker Exchange Visitor Religious worker Entertainer Media, journalist Au pair Victim of human trafficking or other criminal activity A person seeking safe haven from dire homeland situations like civil war, natural disaster or other extraordinary conditions 10
  11. 11.  Invalid match for non U.S. citizen:  Already removed from rolls (e.g., ineligibility reasons—deceased, felon, mental incapacity; voter’s request; registered out-of-state; or inactive voter after period of voting or voter registration record inactivity)  Listed as U.S. citizen (with or without documentation in DAVID) Indeterminate match for non U.S. citizen:  Listed as not U.S. citizen but no supporting documentation or alien number in DAVID  Insufficient information-(e.g., expired DAVID record, no information Valid match for non U.S. citizen:  Listed with alien registration number (with or without supporting documentation) next step 3: SAVE verification 11
  12. 12. Department of State’s Division of Elections’Access/Use of SAVE to Verify Legal Status 12
  13. 13. DOS Access and Use of SAVE  DOS entered into agreement with DHS on August 14, 2012  Staff trained to use SAVE system—online training and hands-on training  Staff directed to rework the 2600 list which involved at a minimum, re-verifying identity, re-verifying legal status and in those cases, when available, retrieving the alien registration number and collecting documentary date from DHSMV’s DAVID  Staff still working 2600 list-excel spreadsheet (no established automated process yet) 13
  14. 14. Initial verification –Field entries Alien registration number (or in extremely few cases I-94 admissions number) as obtained from DHSMV’s DAVID Last name and first name Date of birth INS document (expiration date, type (if available) and other information such as name variation, date of birth variation, other alien registration number in DAVID record. DL and SSN not useful in SAVE verification.SAVE may prompt for initial retry if it finds wrong alien number associated with name,or different name or date of birth associated with alien number entered 14
  15. 15.  Initial verification(3-5 second response time): Possible Responses: U.S. citizen, or  Non-U.S. citizen (e.g. lawful permanent resident/immigrant, non-immigrant (specific temporary authorization or pending authorization request) (go to Step 2 for reconfirmation of non U.S. citizen status), or  Institute additional verification (proceed to Additional Verification)(i.e., DHS unable to verify immigration status with information provided)-Responses are not standardized/uniform) 15
  16. 16.  Additional verification (3-5 day response time):  U.S. citizen  Non-U.S. citizen (e.g., lawful permanent resident/immigrant, non-immigrant (specific temporary authorization or pending authorization request)  Unable to verify (request submission of additional documentation, etc.)(go to Third Level Additional Verification). Responses are not standardized or uniform. 16
  17. 17.  Third-level/Additional Verification (10-20 day response time/by mail (not electronic) which requires immigration documentation):  Florida’s statutory notice and removal process will serve as the replacement for DHS SAVE’s Third-Level Verification (Per DOS/DHS SAVE agreement, if DOS intends to identify someone as potentially ineligible for purposes of removal based on response provided), 17
  18. 18. For those voters whose identity misidentified orindeterminate, who are documented U.S. citizen inDAVID, or who are SAVE verified U.S. citizens:Cover letter from Division of Elections’ Bureau of VoterRegistration Services to Supervisor of Elections with:  Attached certified list of registered voters misidentified or indeterminate or who have U.S. citizen document in DAVID  Attached certified list of registered voters who are verified by SAVE as U.S. citizens (to include FVRS ID number, Alien ID Number by which verification was done, SAVE case number and Final Verification Status) 18
  19. 19. Certified list ofregistered voters who areSAVE verified U.S. citizensto include: FVRS IDnumber of, associatedAlien ID Number used forSAVE verification, SAVEcase number and FinalVerification Status (i.e.,U.S. citizen in this case) 19
  20. 20. For SAVE verified Not-U.S. citizensCover letter from Division of Elections’ Bureau of VoterRegistration ServicesCertified list of registered voters who were initiallyidentified as non-U.S. citizens and now verified as not U.S.citizens by SAVESupporting documentation (cont’d) 20
  21. 21. Supporting Document 1: FVRS Screen Shot ofRegistration Record Associated with RegisteredVoter 21
  22. 22. Supporting Document 2: DAVE Screen Shot Associated with RegisteredVoter’s DL and SSN and Alien Registration Number 22
  23. 23. SupportingDocument 3:DHS SAVECase DetailReport basedon associatedalienregistrationnumber, votername, anddate of birth 23
  24. 24. DOS notices on updatedverifications of 2600 will go out toSOEs no later than October 15,2012 24
  25. 25.  For registered voters whose legal status determined to be U.S. citizens through DAVID or verified by SAVE, send letter to registered voters to re-affirm registration status (DOS will provide sample letter to be used)  If voter removed for reason of non-U.S. citizen, restore voter to rolls.  Record determination of eligibility in FVRS 25
  26. 26.  For registered voters verified by SAVE as not U.S. citizens, resume notice and removal procedures under section 98.075(7), F.S., at whatever stage you stopped: If voter already provided actual and/or published notice, resume whatever stage of notice and removal process remains. Record final determination of eligibility or ineligibility/removal in FVRS, whichever is applicable. “K” is the removal reason code for non-U.S. citizen. If person requests to be removed without admitting or denying U.S. citizenship, record removal reason as “L“. If voter already removed, no further action required. Retain record in case of voter appeal. 26
  27. 27.  For registered voters whose identity was mismatched or indeterminate or whose legal status is indeterminate (and no alien number through DAVID), or who SAVE was unable to verify:  Mail letter to registered voters to re-affirm registration status (DOS will provide sample letter to be used) but remind them of eligibility requirements and that it is illegal to be registered and vote when someone is not a U.S. citizen.  Record determination of eligibility in FVRS. If registered voter was already removed based on admission of ineligibility, request to be removed or for other reason of ineligibility, no further action is required. 27
  28. 28. How the Department of State will grant SOEs Access to SAVE 28
  29. 29.  Access: Granted through DOS authority as Superuser under DHS-DOS Memorandum of Agreement Memorandum of agreement: Pre-requisite for authorized access by each of 67 counties. Transactions: Unlimited access Cost: Monthly billing per transaction (up to $1.50 per full transactional search (DOS will solely cover the cost of one full verification transaction at the juncture at which SOE is going to make a final determination of ineligibility and remove a voter other than one who has admitted to being not a U.S. citizen.) 29
  30. 30.  Oversight: Strict monitoring, auditing and recordkeeping required Termination: Any time, with or without cause. Notice to Voter: Use of template for Notice to registrant (with DHS attachment) that he or she may not be U.S. citizen and Return Form (will be provided also in Spanish) 30
  31. 31. Notice and RemovalProcess 31
  32. 32.  Initiate notice (send by certified mail, return receipt requested, or by some other verified receipt). By law, notice must include:  A statement of basis for ineligibility  A copy of any supporting documentation  A statement that failure to respond within 30 days may result in removal from rolls  A return form that requires voter to admit or deny accuracy of information  A statement that a person denying ineligibility has a right to a hearing  Contact information for Supervisor of Elections  Instructions for seeking restoration of civil rights (if applicable) 32
  33. 33.  The following three slides show the letter and attachments that satisfy the statutory notice requirements (and have been mutually agreed by DOS and DHS): 33
  34. 34. 34
  35. 35. 35
  36. 36. 36
  37. 37.  Allow voter 30 days to respond (if you receive verification that mail delivered) –voter can send response or provide documentary proof by mail, e-mail, fax, or in person. Publish notice ONLY if notice undeliverable (s. 98.075(7) (a)2.a.-e., F.S. (30-day clock starts again) Provide hearing ONLY if person denies ineligibility AND requests hearing 37
  38. 38. U.S. PASSPORT CERTIFICATE OF CITIZENSHIP 38
  39. 39. CERTIFICATE OF CONSULAR REPORT OF BIRTHNATURALIZATION ABROAD 39
  40. 40. U. S. BIRTH CERTIFICATE U.S. BIRTH CERTIFICATESAMPLE -FLORIDA SAMPLE -TEXAS 40
  41. 41.  Name change: If current name and the name on the primary identity document are different, you may need additional document: court order for name change, marriage certificate, divorce decree or other document showing link between current name and other name. Dual citizenship: A person with dual citizenship (U.S. and other country) is still eligible to register and vote as a U.S. citizen. 41
  42. 42.  Birth in certain U.S. territories: Person may be U.S. citizen even if born in U.S. territories such asPuerto Rico, island of Guam, Panama Canal, Virgin Islands, etc. Opportunity to obtain documents: In some cases, voter may need time to get a copy of record or correct federal or state agency record. As long as voter has responded in 30 days from date of notice, allow voter opportunity to get copy or have governmental records corrected or updated. Monitor periodically for follow-through.  State or local government agency for copy of birth certificate  Department of State: U.S. Passport or U.S. consular certificate of birth  Department of Homeland Security: Naturalization Certificate or Certificate of Citizenship 42
  43. 43.  Determine eligibility of person based on available information/documentation Verify with DHS’ SAVE: In those cases in which you are determining that voter is ineligible (and other has not otherwise admitted to being not U.S. Citizen), verify with DHS’ SAVE to determine if legal status has changed to U.S. citizen. If no change, enter final determination of ineligibility and remove ineligible voter’s name from rolls. Record determination in FVRS: Eligible or ineligible (“K” for removal reason code—Not U.S. citizen). If person requests to be removed without admitting or denying U.S. citizenship, record removal reason as “L“. 43
  44. 44.  Send notice to the voter regarding determination and/or removal Retain ineligibility record permanently. See item #158, GS-3 (registration record) http://dlis.dos.state.fl.us/barm/genschedules/GS3.pdf 44
  45. 45.  Eligibility records maintenance is an ongoing requirement of federal and state law and is not subject to the 90-day moratorium preceding a federal election (in contrast to address list maintenance which is). Therefore a voter may be removed for reasons of ineligibility at any time subject to applicable and appropriate notice and removal processes. 45
  46. 46.  If a registered voter initially identified as not a U.S. citizeno Is not yet removed but shows he or she was or became a U.S. citizen at any time before removal, voter should not be removed from the rolls.o Is removed for non-citizenship but shows he or she was or became U.S. citizen before removal, voter should be restored to rolls.o Is removed for non-citizenship but shows he or she became U.S. citizen after removal from rolls, voter must re-register.See s. 98.075(7)(b)6., F.S.).NOTE: SOEs have authority to investigate and refer fraudulent registrations or illegal voting to the state attorney’s office. See Section 104.42, F.S. 46
  47. 47. Voter may be restored at any time for erroneousor illegal removal even after book closing. See s.98.081(2), F.S.Voter has right to appeal in circuit court within 30days for reasons of ineligibility. See s. 98.0755,F.S.. 47
  48. 48.  If potentially ineligible registered voter (not yet removed) votes provisionally  And shows eligibility (i.e., proof of U.S. citizenship), canvassing board shall count ballot per s. 101.048 (2), F.S. Use documentary proof to close out potential ineligible registration match record. If voter (removed for ineligibility) votes a provisional ballot: And shows eligibility (i.e., U.S. citizenship) existed/acquired any time before removal, voter’s name should be restored per s. 98.081(2), F.S. and canvassing board shall count ballot per s. 101.048 (2), F.S. And shows eligibility (i.e., U.S. citizenship) acquired after removal, the canvassing board shall not count the provisional ballot because the voter has to re-register and therefore was not entitled to vote per s. 101.048(2), F.S. 48
  49. 49.  Although not required for continuing registration purposes, encourage voter who is U.S. citizen to correct or update legal status on DHSMV record and/or DHS record as soon as possible.  Refer person to DHSMV’s in-person contact at 850-617-2000 or to DHSMV’s website www.GatherGoGet.com for documentation instructions www.flhsmv.gov to locate driver license or tax collector offices convenient to the person  Refer voter to Florida Department of Homeland Security’s USCIS (Attachment B to Notice of Potential Ineligibility). 49
  50. 50. 1. NOTIFY the chief of the Bureau of Voter Registration Services of all cases in which file match was identity mismatch, administrative error, U.S. citizenship existed or acquired anytime before removal.2. PROVIDE the registered voter’s name and FVRS No.This will help to improve the quality and integrity of the process. 50
  51. 51.  SAVE Access Webinar: September 12, 2012, 10-11:30 am (hosted by Department of Homeland Security) Follow-up webinar : To discuss long-term process for identifying existing and future newly registered voters who are not U.S. citizens.NOTE: The “180,000 list” is obsolete, will not be re- vetted and will not be the basis for any further action by DOS. 51
  52. 52. Questions or comments? Contact Information: Maria Matthews, Esq.Chief, Bureau of Voter Registration Services Florida Department of State 850-245-6520 52

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