Identification Process of Potential Non-U.S. Citizens and SAVE Verification and Access

September 2012(updated

9.28.2012)

1

Ken Detzner Maria Matthews, Esq.Secretary of State Chief, Bureau of Voter Registration Services

Division of Elections

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

Originally sent in April 2012 via disks

Consisted of registered voters initially identified as potential non-U.S. citizens per FVRS/DHSMV match:

Non-immigrants (All counties)

Immigrants (Bay, Baker, Bradford counties and part of Miami-Dade County)

3

4

SOE Action: 1) Mail letter to verified U.S. citizen voters previously identified to disregard prior notice/re-affirm registration status, 2) Mail letter to indeterminate potential non-U.S. citizen voters re prior notice and reminder about eligibility requirements penalties for false registration and voting & 3) Re-initiate notice and removal process under s. 98.075(7), F.S. for voters still showing status of non-U.S. citizen and conduct one last SAVE verification in cases other than where voter has proven U.S. citizenship or admitted to not being a U.S. citizen.

BVRS Manual Review: Re-verification of 1) identity and 2) Re-verification of legal status

DHSMV

FVRS Registration

Records

Automated match

Based on 1 of 3 match criteria

sets& legal status

indicator

DOS

U.S. Department of Homela

nd Security-SAVE/V

IS Database: Initial verification, initial retry, &

additional

verification

SAVE verification: 1) Initiate verification, and 2) Review response: a) U.S. citizen, b) Potential not a U.S. citizen, and indeterminate legal status due to alien number or identity associated with number.

Driver Licensee Records

BVRS Case File Prep/SOE Notice: Send Case File(s) to SOE re Re-determination of Voters Legal Status

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

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) against DL in DAVID

Next Step: BVRS Manual

Review6

Re-verification of identity: Is the person in FVRS the same person as 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, etc.7

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, adoption:

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, or

Birthplace listed as U.S. or U.S. territories (less reliable without documentary proof).

8

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

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

Invalid match for potential non U.S. citizen status: Already removed from rolls (e.g., deceased, felon, mental

incapacity; voter’s request; registered out-of-state; or removed as inactive voter after NVRA 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 info or doc)

Valid match for potential non U.S. citizen status:Listed with alien registration number (with or without

supporting documentation) Next Step: SAVE verification

11

Department of State’s Division of Elections’

Access/Use of SAVE to Verify Legal Status

12

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 and legal status and in those cases, when available, retrieving the alien registration number and collecting documentary data from DHSMV’s DAVID

All manual process

13

DOS Access and Use of SAVE

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

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)

If DHS SAVE still indicates a not-U.S. Citizen status, DOS will proceed to Step 4: Create potential ineligibility file

15

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

Third-level/Additional Verification (10-20 day response time/by mail (not electronic) which requires immigration documentation): Per DOS/DHS SAVE agreement (if DOS intends to

identify someone as potentially ineligible), Florida’s statutory notice and removal process WILL SERVE as the replacement for DHS SAVE’s Third-Level Verification

17

For those voters whose identity misidentified or indeterminate, who are documented U.S. citizen in DAVID, or who are SAVE verified U.S. citizens: Cover letter from Division of Elections’ Bureau of Voter Registration 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

Certified list of registered voters who are SAVE verified U.S. citizens to include: FVRS ID number of, associated Alien ID Number used for SAVE verification, SAVE case number and Final Verification Status (i.e., U.S. citizen in this case)

19

For SAVE verified as potential not-U.S. citizens

Cover letter from Division of Elections’ Bureau of Voter Registration Services

Certified list of registered voters who were initially identified as potential non-U.S. citizens and now re-confirmed as still potential not U.S. citizens

Supporting documentation (cont’d)

20

21

Supporting Document 1: FVRS Screen Shot of Registration Record Associated with Registered Voter

22

Supporting Document 2: DAVE Screen Shot Associated with Registered Voter’s DL and SSN and Alien Registration Number

23

Supporting Document 3: DHS SAVE Case Detail Report based on associated alien registration number, voter name, and date of birth.

Case detail report may not be disclosed to public. This document may be disclosed only to the voter upon written request.

24

DOS notices on updated re-examination and outcome of 2600 will be mailed out to SOEs over the span of next few weeks but no later than October 15, 2012

CATEGORY 1: Registered voters whose legal status confirmed to be U.S. citizens through DAVID and/or SAVE

Upon receipt of list, send letter to registered voters to re-affirm their registration status

(DOS will provide sample letter to be used)

If voter had been removed for reason of non-U.S. citizen restore voter to rolls.

Record determination of eligibility in FVRS

25

Category 2: Registered voters re-identified as potential not U.S. citizens based on available information

Upon receipt of case file, re-initiate actual notice under section 98.075(7), F.S., [Regardless how far you got with last go-round (exceptions: voters who already proved citizenship or affirmed in writing not to be U.S. citizen]

▪ Use DOS templates for Notice to Voter, Return Form, and attachments.

▪ Record final determination of eligibility, or ineligibility & removal in FVRS.

“K” is the removal reason code for non-U.S. citizen.

“L“ as the removal reason code for voter request to be removed (without denial of U.S. citizenship) 26

Category 3: Registered voters whose identity (mismatch or insufficient demographics) or legal status is indeterminate through DAVE (no alien number or INS doc), or SAVE

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 final determination of eligibility in FVRS.

27

If registered voter already proved citizenship or was already removed (based on admission of not being a U.S. citizen, request to be removed or for other reason of ineligibility), no further action is required upon receipt of notice from FDOS other than to be sure that final determination is recorded in FVRS .

28

How the Department of State will grant SOEs Access to

SAVE

29

Access: As Superuser under DHS-DOS Memorandum of Agreement, DOS will grant access to SOEs

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.)

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 potentially not be a U.S. citizen and Return Form (will be provided also in Spanish)

31

32

Notice and Removal Process

Initiate notice (send by certified mail, return receipt requested, or by some other verified receipt). By law, notice must include (use Template letter by DOS): 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)

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):

34

35

36

37

38

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

U.S. PASSPORT CERTIFICATE OF CITIZENSHIP

39

CERTIFICATE OF NATURALIZATION

CONSULAR REPORT OF BIRTH ABROAD

40

U. S. BIRTH CERTIFICATE SAMPLE -FLORIDA

U.S. BIRTH CERTIFICATE SAMPLE -TEXAS

41

42

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.

43

Birth in certain U.S. territories: Person may be U.S. citizen even if born in U.S. territories such as Puerto Rico, island of Guam, Panama Canal, U.S. Virgin Islands, etc.

Opportunity to obtain documents: A voter may need time to replace or correct federal or state agency record:

State or local government agency birth certificate, court record of adoption, etc.

U.S. Department of State U.S. Passport or U.S. consular certificate of birth

U.S. Department of Homeland SecurityNaturalization Certificate or Certificate of Citizenship

As long as voter responds within 30 days, give time to voter who asks and monitor periodically for voter follow-through.

Determine eligibility of person based on available information

Verify with DHS’ SAVE: In those cases in which you are determining that voter is ineligible (other than those who have proven U.S. citizenship, or who have otherwise admitted to being not U.S. Citizen), verify with DHS’ SAVE to determine if last recorded 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 final determination of not U.S. citizen, either through voter affirmation or available documentation/information

“L” for person requests to be removed without denying U.S. citizenship.

44

Send notice to the voter regarding determination of eligiblity, 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

45

Ongoing requirement of federal and state law

Not subject to the 90-day moratorium preceding a federal election (in contrast to address list maintenance which is).

Voter may be removed for reasons of ineligibility at any time subject to applicable and appropriate notice and removal processes.

46

If a registered voter initially identified as not a U.S. citizen

o 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 but shows he or she was or became U.S. citizen

o Before removal, voter is to be restored to rolls.

o After removal, voter must re-register

See s. 98.075(7)(b)6., F.S.). NOTE: Regardless of the above, voter registration and/or voting fraud should reported to state

attorney’s office per your authority under section 104.42, F.S.

47

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..48

If voter is flagged as potentially ineligible registered voter, votes provisionally for whatever reason AND voter shows eligibility, 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 is removed but votes provisionally: 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.

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).

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.

51

SAVE Access Webinar: September 12, 2012, 10-11:30 am (hosted by Department of Homeland Security) (copy available upon request)

Follow-up webinar : To discuss long-term process for identifying existing and future newly registered voters who are not U.S. citizens.

NOTE: The original “180,000 list” is obsolete, will not be re-vetted and will not be the basis for any further action by DOS. However, existing registered voter records will be vetted in near future.

52

Questions or comments?

Contact Information:

Maria Matthews, Esq.

Chief, Bureau of Voter Registration Services

Florida Department of State

850-245-652053