Rules UpdateFSASE 2010 Summer

ConferencePresented by Maria Matthews

Assistant General CounselFlorida Department of State/Division of Elections

Dawn K. Roberts, Interim Florida Secretary of State

Donald L. Palmer, Director, Division of Elections

Rule 1S-2.037• Revisions to ‘Provisional ballot’ rule Changes content of Notice of Rights that is given to a person

when he or she votes provisionally: Clarifies what SOE contact info must be included (no. for

phone and fax, and addresses for e-mail, mailing and office) Removes pre-2008 instructions Adds specific instructions about what ‘unverified voters’

have to bring in as evidence by 5 pm of 2 days after election day

Removes reference ‘activator card’ for Sequoia Voting Systems

• Filed for Adoption/Effective May 18, 2010

• Proposed revisions to Electronic transmission of absentee ballots to UOCAVA Voters (applies only to overseas voters (absent uniformed services members and spouses/children thereof, and other U.S. Citizens)

• In response to federal MOVE Act (2009) and HB 131 (2010)(if signed into law)

• Rule workshop held April 19, 2010• Public hearing to be held in June 2010

Rule 1S-2.030

Primary proposed revisions to existing rule

• Return of voted ballot by e-mail: return by e-mail subject to specific encryption -decryption program designated by county

• Ballot instructions: revises instructions to reflect e-mail transmission and encryption procedures and return of absentee ballots by secured e-mail transmission

• Secured remote transmission: cleans-up language in secured transmission pilot program part of rule to be more clear about public and private key encryption

Rule 1S-2.030

• Available encryption/decryption programs – HUSHMAIL– PICO CRYPT

Not exclusive list

Rule 1S-2.030

Available encryption program-Hushmail

• Voter signs up for a free email account at hushmail.com• Voter signs in to his/her email account• Voter creates email and passphrase, and attaches ballot to the message • Ballot and email message are automatically encrypted by Hushmail

encryption engine• Ballot is automatically digitally signed by Hushmail encryption engine • Voter sends encrypted email with all of its attachments to the appropriate

email address (Election Official, Supervisor of Election)• Voter waits for a minute to make sure that no error messages are received

from Hushmail serviceNote:    County and the voter must have a method for providing the password/passphrase.

Rule 1S-2.030

Available encryption program-Pico Crypt• Voter downloads encryption software PicoCrypt 0.1.1 from

http://download.cnet.com/PicoCrypt/3000-2092_4-10407404.html#rateit

• Voter saves software to his/her USB memory storage device

• Voter executes program from USB memory storage device• Voter uses the program interface to set a password and

encrypt the ballot• Voter attaches ballot to his/her email and sends it to

Election OfficialNote:    County and the voter must have a method for providing the password/passphrase.

Rule 1S-2.030

• Proposed new rule re electronic transmission of absentee ballot solely for uniformed services members (and spouses/children thereof) who are absent stateside

• In response to federal MOVE Act • Workshop held on April 19, 2010• Public hearing to be held in June 2010

Rule 1S-2.049

• Primary provisions– Allows absentee ballot to be delivered via mail,

fax or e-mail to absent stateside military member (and spouse/children absent due to military member’s absence)

– Only allows absentee ballot to be returned by mail --NO RETURN BY FAX or E-MAIL

Rule 1S-2.049

• E-mail communications with UOCAVA voters (if HB 131 is signed into law): This is not a part of R1S-2.030 or R1S-2.049.

• SOEs will have to communicate by e-mail with UOCAVA voters (absent stateside and overseas military and other overseas U.S. citizens who gives e-mail address)to: – Confirm receipt of absentee ballot request– Provide estimated transmission/delivery date– Confirm receipt of voted ballot.

Reminder

• Proposed new rule: FVRS statewide uniform procedures for voter registration

• Workshop held May 3, 2010

• Public hearing to be held in June 2010

Rule 1S-2.039

• Existing record search

– Search for existing application or registration record before you create new one.

– Duplicate registration is one which the name, residence address, date of birth, SSN or DL, and political party on the application form are the same as what are in FVRS. If any of the information in these fields are different then it should be considered an update.

Rule 1S-2.039

• Data Entry• Enter all information from valid or invalid applications• Do not complete an otherwise blank field for

applicant/registrant– A person cannot purposely leave a field blank as way of

‘replacing’ currently record information except in the context of a political party change provided there is an indication of intent.

• Enter only last SSN4• Enter printed name version versus signature version• Require original signature on applications (new, update or

supplemental application)

Rule 1S-2.039

• Verification of personal identifying number– Verified by DHSMV or SSA, voter registered– Unverified by DHSMV or SSA, BVRS to review

• Data input error-corrected-resubmitted for verification• No data input error

– BVRS able to resolve-override-voter registered– BVRS unable to resolve-suspended to SOE for

resolution

Rule 1S-2.039

• Notice to unverified voter: Pre-cleared template for notice is incorporated by reference (DS-DE form #122). Notice tells unverified voter:– That number on application unverifiable– What, when, how, and to whom to present

evidence (SSN, DL, or State ID card to SOE in person, by mail, by fax, or by e-mail no later than 5 p.m. of 2nd day following election in order for provisional ballot to count)

Rule 1S-2.039

• Political party affiliation• Register with party affiliation using party codes designated by

Division of Elections

• Register person as NPA if person marks “no party” affiliation, or designates party that is non-existent, not registered in Florida or no longer registered in Florida

• Register person as UNK if party field left blank. This is necessary to trigger NPA notice under s. 97.053(5)(b), F.S. that he or she may designate party. (Otherwise UNK will convert to NPA or must be recognized by FVRS as NPA after 30 days if no response from person.)

Rule 1S-2.039

• Source code assignment– To satisfy bi-ennial NVRA/EAC Survey

requirements– Codes 1-8– Codes entered into local systems must be

programmed in way that reflects the FVRS code assignment

Rule 1S-2.039

• Code 1: DHSMV/Tax collector offices issuing DLs

• Code 2: Any application that arrives through postal service or other mail delivery service that cannot otherwise fall into any of the other source codes listed.

• Code 3: Offices providing public assistance

• Code 4: Offices servicing persons with disabilities

• Code 5: Armed forces recruitment offices and armed forces installation offices (pay, personnel or ID offices)

• Code 6: Public libraries

• Code 7: SOEs/Division of Elections(completed in person or hand-delivered)

• Code 8: Third-party voter registration organizations

Rule 1S-2.039

Scan Applications-Within 3 days of inputNotices/Types• Incomplete, i.e., missing one of mandatory fields• Ineligible, i.e., person is ineligible (e.g., convicted felon, adjudicated

mentally incapacitated, not a U.S. citizen, not listing a Florida legal residence, nonlegal age, etc.)

• Unverified voter, i.e. unverifiable personal identifying number; must provide personal proof

• Voter information card, i.e., application accepted/registered• Duplicate, i.e., duplicate application—if no data element

differences between application and registration record as to name, date of birth, residential address, SSN/DL or State ID, political party

Rule 1S-2.039

Special Applicants• Victims of domestic violence and (if HB7079

signed into law), stalking victims are to processed manually

• Do not input information into FVRS• Must be Attorney General ACP participants and show

certificate thereof • Send redacted application to BVRS to verify against

DHSMV/SSA and conduct periodic eligibility check (FDLE felon database, DOH vital stats database, clerk of courts’ court orders of mental incapacity)

• Keep protected only for 4 years unless renewed --otherwise input into FVRS

Rule 1S-2.039

• Two distinct ‘address’ confidentiality laws

1. Violence victims (domestic violence (and stalking victims if HB 7079 is signed into law)). Special Attorney General Address Confidentiality Program (ACP)(s. 741.465, F.S). They are never inputted into FVRS but registered manually. They vote absentee.

2. High-risk professionals and spouse/children. Applies only if requested in writing per Section 119.071(4)(d) and (5)(i), F.S. If they want to register, they must still provide information but it will be redacted in a public records request.

Reminder

• Street index update required by s. 98.045(4), F.S.

Batch method. Replace entire index with update

Change method. Replace as changes occur

Rule 1S-2.039

• Proposed new rule re Uniform Procedures for Address and Eligibility Records Maintenance

• Rulemaking is suspended pending further revisions to address questions by JAPC and public comments

• Next step: Public Hearing (TBD)• 7 major subsections

Rule 1S-2.041

Address list maintenance• Notices• Address change notice (person to use return form

regarding any address change)• Address confirmation request (person to notify SOE if

name or address has changed)• Address confirmation final notice (30-day response

period). If returned undeliverable or no response, make voter inactive. Inactive voter removed only after no voting or voter registration record activity through 2 general elections after placement on inactive list.

Rule 1S-2.041

Address list maintenance• Process

– In-county residence change (same residential and mailing address, different residential and mailing address)

– Out-of-county residence change (same residential and mailing address, different residential and mailing address)

– Out-of-state residence change

– Non-residential address change

Rule 1S-2.041

Address list maintenance• Response to Address Confirmation Request

– ACR asks voter to NOTIFY SOE if name or address is incorrect

– If voter responds-make change. For name change, it must be completed on voter registration application per s. 97.1031, F.S.

– If voter does not respond-no further action– If ACR returned undeliverable, send address

confirmation final notice.

Rule 1S-2.041

• Address list maintenance• Response to Address Change Notice or Address

Confirmation Final NoticeIn-state change. Make change. If response on

form other than return form, change must be submitted per section 97.1031, F.S.

Out-of-state change, remove voter.

Rule 1S-2.041

Address list maintenance

• Response to Address Confirmation Final Notice (ACFN)and ‘Inactive List’

• If ACFN not returned or voter does not respond, make voter inactive

• Keep voter on inactive list through 2 general election cycles thereafter

• If inactive voter does not initiate any voting activity (i.e., presents to vote, requests absentee ballot) or any registration update, during those two cycles, remove the voter.

Rule 1S-2.041

Address list maintenance• Preregistered voters. Update mailing address field. Send

letter of acknowledgment. Upon legal age, change to active registration status. Issue voter information card.

• Inactive voters

• Restoration to active status. Voter must do something (i.e., present to vote, request absentee ballot or update record). 3rd party address change source activities do not trigger restoration.

• Removal of inactive voter. Remove only after voter fails to vote, request absentee ballot or make voter registration record change.

Rule 1S-2.037

90-day moratorium before an election

• No notices can be issued resulting from 3rd party address change activities under s. 98.065, F.S. (cf s. 98.065(5), F.S.)

• No removal of inactive voters scheduled for removal until after election.

Exception:

• Address changes or requests for removal by voter

• Notice of out-of-state registration from out-of-state election official (treat as request to be removed).

• Ineligible voter (felony conviction without civil rights restored, adjudicated mentally incapacitated without voting rights restored, death, nonlegal age, not a U.S. citizen, not listing a legal Florida residence)

Reminder

Address list maintenance• Recording and reporting

• Record transactions in way that the codes and contact types are captured in FVRS

• Do not scan third-party address change source documents.

• Bi-annual certification of address list maintenance activities (DS-DE #117), no later than July 1 for prior 6 months, no later than January 31 for prior 6 months

Rule 1S-2.041

• Eligibility maintenance activities-to ensure that only one active registration record exists for eligible voter and that ineligible registered voters are removed from the FVRS rolls.

Grounds for ineligibility: felony conviction without civil rights restored, adjudication of mental incapacity without civil rights restored, nonlegal age, not a U.S. citizen, fictitious person, listing a residential address that is not the person’s Florida legal residence.

Rule 1S-2.041

• Eligibility maintenance-Duplicate records

• Identified periodically by the Department of State

• Records in the same county update to reflect only one active registration record for the voter.

• Records in different counties

– If registration date on newer duplicate record is before January 1, 2006 Remove the older registration record, and retain latest record as voter’s active record

– If registration date on newer duplicate record is after January 1, 2006 Update older registration record with newer duplicate record info which becomes active record

• Records-invalid or indeterminate Record determination and assign code that reflects determination.

Rule 1S-2.041

• Eligibility maintenance—registered voter who moves out and back into state without removal and submits registration

• If person not already been removed pursuant to processes under law, update record only. Do not register as new. Do not assign new FVRS number.

Rule 1S-2.041

Eligibility records maintenance-death records

• Identified by Department of State or receipt of death certificate from Department of Health’s local office.

• Remove voter’s name. • Option to conduct further review prior to removal

• Identified by SOE through other source.• Follow process under s. 98.075(7), F.S.- notice and

opportunity for hearing.

Rule 1S-2.041

• Eligibility records maintenance-felony conviction and mental incapacity records– Identified by state or identified by SOE, follow process

under section 98.075(7), F.S. upon receipt or creation of case file. Record determination and record code for removal if determined to be ineligible.

• Eligibility records maintenance—other grounds for ineligibility– Follow procedures for actual and constructive notice and

opportunity to be heard under section 98.075(7), F.S.

Rule 1S-2.041

• If a someone is convicted of a misdemeanor after registering, is the person still eligible to be registered?

• If a registered voter is charged with a capital felony offense and requests an absentee ballot from jail, would you send him or her the ballot?

• If a registered voter is adjudicated mentally incapacitated and removed from the rolls and later has voting rights are restored, would you restore the person or require re-registration?

Questions

Eligibility records maintenance—address changes on potentially ineligible registered voters• Inactive voter– If 3rd party address change source-no address

change required– If voter provides address change, restore to active

status, send notice of potential ineligibility to new address

Rule 1S-2.041

Eligibility records maintenance—address changes on potentially ineligible registered voters

• Active voter– If 3rd party address change source-make changes in accordance

with process set out in rule for 3rd party address changes– If in-county change, send notice of potential ineligibility– If out-of-county change, notify new county of file and coordinate

transfer of information. Notify BVRS if file originated with BVRS.– If out of state change, process as request to remove unless you

have already determined ineligibility, then remove as ineligible

Rule 1S-2.041

Eligibility records maintenance

• Recording and reporting– Record transactions so that determinations of

ineligibility, codes for removal and date of removal are reflected in FVRS.

– Bi-annual certification of activities reports (DS-DE #118), no later than July 31 for prior 6 months, no later than January 1 for prior 6 months

Rule 1S-2.041

• Proposed new rule re NVRA Voter Registration Agencies (VRAs) and obligations

• Applies to all federally and state-designated voter registration agencies responsible for administering NVRA and s. 97.058, F.S.

• Rule workshop scheduled for June 1, 2010

Rule 1S-2.048

• Designation of coordinator-requires each VRA to designate NVRA coordinator to oversee agency’s NVRA activities, to ensure local staff are trained and to act as liaison to statewide NVRA coordinator

• Notice of rights-requires notice of rights to be incorporated into manual or electronic process for each client/patron

• ‘Preference form’-combination notice of rights/voter registration form (DS-DE #77 ENG and #77 SPN)(exploring which app to incorporate)

Rule 1S-2.048

• Data collection-requires VRAs(with special provisions for public libraries) to report annually regarding NVRA agency activities– # of declinations

– # of clients/patrons seeking services/help in person, by mail, via online or web service, electronic remote location, by telephone, through home site visit

– # of registration applications mailed

– # of voter registration applications completed onsite and/or turned in (including by mail)

– # of voter registration applications forwarded to SOE

Rule 1S-2.048

• NVRA Statewide Coordinator is Nolah Shotwell

• Statewide training revamped for 2010

• Webinar NVRA training sessions– SOE-specific training sessions held May 11 (small counties),

12 (medium counties), and 13 (large counties); 80%+ county participation

– DHSMV training sessions and other VRAs webinar training summer sessions are forthcoming

– Public library training session scheduled for July 12, 2010.

Reminder

• Proposed revisions to existing rule/form re Polling place procedures manual (DS-DE #11) governs procedures at the polling place during early voting and on Election Day

Voter intake at the polling place Override of voting system to allow voter to vote over

voted or under voted ballots Assistance for persons with disabilities

• Rule workshop held May 3, 2010

• Public hearing- June 22, 2010 only if requested

Rule 1S-2.034

• Proposed repeal to petition revocation ruleRepeal is based upon the Florida Supreme Court's

opinion in Browning v. Florida Hometown Democracy, Inc., No. SC08-884, (Fla. Feb. 18, 2010), that the revocation provisions of Section 100.371, Florida Statutes, and this rule violate the Florida Constitution and are void and without effect.

• Filed for Adoption/Effective May 25, 2010

Rule 1S-2.0095

• Proposed revisions to existing rule-Constitutional Amendment Ballot PositionWill reflect Florida Supreme Court holding that the

initiative revocation law violated state constitution

Back to the way it was: initiative petition sponsors no longer have to wait until February 1 of the election year to obtain a designating number for ballot position; ballot position obtained when initiative petition filed.

• Public hearing for May 24, 2010 (only IF requested)

Rule 1S-2.0011

• Proposed revisions to existing rule-Constitutional Amendment Initiative Petition

Eliminates any reference to revocation of voter signatures (which was declared unconstitutional)

Clarifies that voter’s signature may be verified unless SOE has previously verified signature on identical initiative.

Requires only street address; not residential address (conforms with state law)

• Public hearing for May 24, 2010 (only IF requested)

Rule 1S-2.00091

• Proposed revisions to existing rule-Regulation of third-party voter registration organization

Assigns new form numbers for incorporated forms

Requires registered agent to accept appointment by signing 3rd Party voter registration organization's registration form

• Filed for Adoption/Effective May 31, 2010

Rule 1S-2.042

• http://election.dos.state.fl.us/rules/rules-index.shtml (link to rules’ index--adopted rules, emergency rules, proposed rules and repealed rules)

• http://www.dos.state.fl.us/notices.cfm (link to each DOS Division including Elections regarding upcoming meetings and hearings)

• www.flrules.org (link to DOS statewide agency e-rulemaking program; free subscription to receive notice and submit comments electronically)

How do I find out about active rulemaking?