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

September 2012

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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)

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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)

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SOE Action: 1) Mail letter to SAVE verified U.S. citizens to disregard prior notice/re-affirm registration status, 2) Mail notice to unverifiable non-U.S. citizens re prior notice and reminder about eligibility requirements penalties for false registration and voting & 3) Resume notice and removal process under s. 98.075(7), F.S. for SAVE verified non U.S. citizens and include one last SAVE verification prior to determination of ineligibility and removal in cases where voter has not admitted ineligibility.

BVRS Manual Review-Re-verification of identity

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. Departme

nt of Homeland Security-SAVE/VIS Database:

Initial verification

, initial retry, &

additional verification

SAVE verification: 1) Initiate verification, and 2) Review response: 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 voter.

Driver Licensee Records

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:

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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

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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, photo7

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).

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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.)

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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 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

Department of State’s Division of Elections’

Access/Use of SAVE to Verify Legal Status

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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)

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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

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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

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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.

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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),

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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)

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For SAVE verified 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 non-U.S. citizens and now verified as not U.S. citizens by SAVE

Supporting documentation (cont’d)

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

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

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

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DOS notices on updated verifications of 2600 will go out to SOEs no later than October 15, 2012

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

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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

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.

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How the Department of State will grant SOEs Access to

SAVE

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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.)

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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)

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Notice and Removal Process

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)

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The following three slides show the letter and attachments that satisfy the statutory notice requirements (and have been mutually agreed by DOS and DHS):

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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

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CERTIFICATE OF NATURALIZATION

CONSULAR REPORT OF BIRTH ABROAD

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U. S. BIRTH CERTIFICATE SAMPLE -FLORIDA

U.S. BIRTH CERTIFICATE SAMPLE -TEXAS

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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.

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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

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“.

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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

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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.

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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 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.

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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..

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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.

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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).

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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.

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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.

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Questions or comments?

Contact Information:

Maria Matthews, Esq.

Chief, Bureau of Voter Registration Services

Florida Department of State

850-245-652052