FLORIDA DEPARTMENT OF STATE

FLORIDA DEPARTMENT OF STATE 2008 National Voter Registration Act Training Workshopfor Voter Registration Agencies Kurt S. Browning Secretary of State Donald L. Palmer, Director Division of Elections Final Version: April-June 2008

NVRA Training Workshops Presented by: Maria I. Matthews- Assistant General Counsel, Florida Department of State Peggy J. Taff- Chief, Bureau of Voter Registration Services, Florida Division of Elections 7 Regional Workshops (April –June 2008) and DHSMV May Conference (Orlando)

Training Overview • History of the NVRA • Purposes • Statutory Responsibilities • General Procedures • Points to Remember • Election Year 2008-Key Dates • Communication • Conclusion-Questions/Evaluation

Quiz

Question 1: What year was NVRA enacted? 2002 15 years ago 1865 Last year Answer: B. The year was 1993.

Question 2 • Which one of these entities is NOT a designated voter registration agency under state or federal law? • An office that offers public assistance • A military recruitment office • The clerk of circuit court office • A center for independent living • An office that issues driver’s licenses. • Answer: C

Question 3 • The youngest age a person can pre-register to vote is: • 16 years old • 17 years old • 15 years old • None of the above Answer: D. As of January 2008, the youngest age a person could pre-register is 15 years old if he or she has been or is being issued a driver’s license (includes ‘permit’). This law will change in January 2009. The youngest age someone can be and pre-register will be 16 years old even he or she has never been issued a Florida driver’s license, state identification or social security card number. See s. 2, chapter 2008-95, Laws of Florida, amending s. 97.041, F.S. Note: A pre-registered voter however cannot vote until turning 18 on Election Day.

Question 4 • If someone says “please register me as an ‘independent’, which of the following would be entered in the political party field on an application? • Independence Party of Florida • No party affiliation • Independent Party of Florida • Independent Democrats of Florida • None of the above Answer: E.You must ask the person for further clarification. You cannot assume he or she meant a particular political party or no party affiliation.

Question 5: A parent or guardian has to approve or sign before a 17 year old or younger can pre-register to vote. True or False? Answer: False. Although state law requires parental or guardian approval for a 17 year old or younger to obtain his/her a driver’s license permit or possibly other public assistance services, no such co-approval is required to pre-register to vote. The right to pre-register lies exclusively with the 17 year old or younger. See s. 97.041, F.S.

Question 6 • If someone hand-delivers a paper voter registration application to you that is incomplete and/or filled out somewhere other than your office, do you . . .? • Reject it. • Accept it and file it away. • Direct the person to the local supervisor of elections’ office. • Accept it. Answer: D.Do not reject, file away or toss (it is a public record). Whether incomplete or filled out somewhere other than your office, you must accept the application. Stamp date of receipt (as it may become person’s registration date), enclose in agency-marked envelope or courier bag and forward to local supervisor of elections no later than 5 days of receipt.

Question 7 • What is the purpose of the voter registration preference form (or recording a declination)? • Serves as compliance record of your agency’s registration activities under NVRA and state law. • Serves as program evaluation record in order to report to Congress if and how people are taking advantage of the many opportunities to register or update a registration record in locations other than just through the supervisor of elections’ office. • All of the above • A & B. • Answer: C or D, trick answers. • State and federal laws require voter registration agencies to keep a record of when someone declines to register or update his or her voter registration record. The declination is recorded electronically or on a “preference form.”

Question 8 • A person who is registered to vote in a Florida county and moves to another Florida county has to re-register as a new voter in the other county in order to vote. True or False? Answer: False. Prior to January 2006, a person was required to re-register as a new registered voter whenever changing his or her home from one Florida county to another. As of January 2006, when the State launched the statewide Florida Voter Registration System as required by the Help America Vote Act of 2002, a person who moves between Florida counties does not have to re-register in his or her new county. The person simply updates his or her address. Any county supervisor of elections or the Division of Elections’ registration official can enter the information into FVRS as received, regardless in which county the person actually resides.

Question 9 • Your office or other voter registration agency determines whether someone is eligible to register. True or False? Answer: False. Only the Supervisor of Elections determines ultimately whether someone is eligible to register and continues to be eligible as a registered voter.

Question 10 Florida is a closed primary election state which means… • You must be registered either with a major or minor political party in order to vote for your party’s candidate nominees in partisan races on the ballot in a Primary Election or Presidential Preference Primary Election (PPP Election). • Regardless of your party affiliation or no party affiliation, you can vote for non-partisan office or issue contests that appear on a ballot in a Primary Election or PPP Election. • Regardless of your party affiliation or no party affiliation, you can vote for a partisan office if all the candidate nominees for that office belong to the same party and the winner of the contest faces no opposition in the General Election. • A only. • All of the above. Answer: D.

Question 11 • An eligible person cannot register or update his or her registration record after book closing. True or False? Answer: True and False • Registration can occur at any time. The application will be entered if complete. • However, in order to vote in an upcoming election, a person must be registered or have submitted a complete and valid voter registration application by book closing. • After book closing, a person can still change or update a voter registration record except he/she can not change political party affiliation in order for it to apply to upcoming election. However, effective January 2009, a person will be able to change his/her political party after the book closing date for a general election. See s.5, ch. 2008-95, Laws of Florida, amending s. 97.055, F.S.

Question 12 • True or False? All of the following fields are required to be filled on a voter registration application. • Name • Date of Birth • Residential Address • ‘Check the boxes’ - felony conviction, mental incapacity, and citizenship • Personal Identifying Number (i.e., DL, State ID or last 4 digits of SSN) • Political party affiliation • Original Signature and Date Answer: False. Political party affiliation is not a required field but it is a very important one.

Question 13 • A person’s political party affiliation information in a voter registration record is confidential and exempt from public disclosure. True or False? Answer: False. In Florida, voter registration records are public records and have been open to the public since at least 1913. However, before 2006, these records could be inspected but not copied. Only certain government and political persons or entities could copy the records. After January 2006, the law changed. These records are still public record but they can now be inspected and copied. The only confidential and exempt information is: 1. Information as to whether a person declined to register or update his/her registration record, 2. The location where a person registered or updated his/her record, and 3. A person’s social security number, Florida driver's license number, and Florida state ID card number. A person’s signature cannot be copied but can be viewed. (See section 97.0585, Florida Statutes)

Question 14: You should not offer someone help to fill out a voter registration application form as filling out an application is private under the law. True or false? Answer: False. A voter registration agency is required to ask and if the person accepts, provide the same level of assistance as you provide in helping the person obtain new or renewal of public assistance or services from your agency.

End of Quiz

History of NVRA • Congress enacted the National Voter Registration Act (42 U.S.C. 1973) in 1993 in response to declining years of voter turnout.

History-Federal Law Requirements • NVRA 42 U.S.C. 1973gg-5 • Enacted in 1993 • Designated and directed government or public service agencies offices to provide simultaneous services of public assistance/government services AND voter registration services (apply or update a voter registration record) • Help America Vote Act of 2002 (s. 303) • Added more requirements to facilitate voter registration including the creation of a single centralized statewide voter registration database (Florida Voter Registration System-FVRS) • As of 01/06, all 67 individual county voter registration systems and DHSMV electronic voter registration intake information interface to create the basis for FVRS (Bureau of Voter Registration Services acts as 68th county) • A person can register from anywhere in the state. • A person moving from one Florida county to another only has to make an address update. He/she does not have to re-register as a new voter.

History-State Law Requirements • Most states adopt implementing law by 1995. • Florida enacts Florida Voter Registration Act “FVRA” in January 1995 (ss. 97.057,97.058, Florida Statutes)) to implement the NVRA requirements. • Section 97.058, Florida Statutes specifically sets out voter registration requirements that apply to designated voter registration agencies.

To make it easier and more convenient for persons to register to vote or update their records- By increasing the number of locations, other than Supervisors of Elections’ offices, where eligible citizens can apply for or update voter registration information (42 U.S.C. 1973gg-5) By requiring the creation of a national mail-in voter registration application (42 U.S.C. 1973gg-4) One of the Primary Purposes:

Who Are the Voter Registration Agencies? • Any Office that Provides Public Assistance (specifically): • Department of Children and Families: • Any office offering assistance through food stamp programs • The Medicaid Program • The WAGES Program • Department of Health: • The Special Supplemental Food Program for Women, Infants, and Children (WIC program) • Any provider with whom either of these agencies contracts

Who are the Voter Registration Agencies (cont’d)? • Any Office that Primarily Serves Persons with Disabilities • Agency for Persons with Disabilities • Educational Institutes with Offices Serving Persons with Disabilities • Department of Education- • Division of Blind Services • Division of Vocational Rehabilitation • Centers for Independent Living • Public Libraries • Military Recruitment Offices

(cont’d) • Educational Institutes (under Higher Education Act of 1998) are also required to: • Make a good faith effort to distribute mail voter registration forms to enrolled students and to make forms generally available. (see also s. 97.0583, Fla. Stat.) • Coordinate annual drives and other activities with Supervisors of Elections

General ProceduresWhat Are You Required to Do? Each time someone applies in or through your office for • . . . New services or assistance • . . . Renewal/re-certification of such services or assistance • . . . Change of residential address . . . offer that person the opportunity to also apply for new voter registration in (Florida) or to update (current Florida) registration record.

General Procedures To Whom Do You Offer Voter Registration Services? Anyone who is 18 years or older (assuming otherwise eligible) Anyone who is 17 years or older Anyone who is younger than 17 years old and has been issued a driver’s license NOTE: The opportunity to register or update is to the person who applies for assistance, not to others on whose behalf the person might be applying. When in doubt, offer the opportunity to the person to register or update his or her voter registration records.

Special Class of Applicants Pre-registrants (Means the person is on the registration rolls but cannot vote until he or she turns 18 on the Election Day. Registration system automatically converts to full-fledged registered voter on birthday.) Anyone who is 17 years old or older Anyone who is younger than 17 years old who is being issued or has been issued a driver’s license (includes “license permit”)(became effective January 2008) Parental or guardian co-approval is not required to pre-register to vote. Statutory right belongs to pre-registrant. Effective January 2009, the law will change so that only 16 years or older will be able to pre-register. See s. 2, chapter 2008-95, Laws of Florida, amending s. 97.041, F.S. If the electronic intake system does not allow you to input voter registration information on an applicant, offer the person a paper application to complete and assist them in completing the application.

Special Class of Applicants 2.Persons with Protective Orders Against Violence. • Do not intake or otherwise take their voter registration information. • Refer these persons immediately to the county supervisor of elections for registration. Special registration process applies. • Person must register (subject to 4-year renewal) with the Attorney General’s Address Confidentiality Program to obtain substitute mailing address for voter registration and voting. (Address Confidentiality Program, Attorney Genera/Victim’s Compensation Office, The Capitol PL-01, Tallahassee, Florida 32399-1050, Toll Free 1-800-226-6667) • Person’s voter registration is not ever stored in FVRS. • Person can only vote by absentee ballot.

Special Class of Applicants 3. Persons Who May Request Address Confidentiality • Who Are They? Judges, state attorneys, guardians ad litem, child abuse investigators, law enforcement officers, correction officers, firefighters, human resource personnel, etc. including their spouses and children. • Why?The Florida Legislature found that these to be high-risk professions based on decisions made. • What is protected? Residential address, phone number, photos, etc. may be exempted from public disclosure. See section 119.071(4)(d), Fla. Stat. • When Does it Apply? ONLY AFTER written request is submitted. An applicant is still required to submit residential address for proper precinct assignment. The exemption to records in each agency to which a person submits a written request for exemption. E.g., a request to DHSMV for DL information and a request to supervisor of elections for voter registration information. • How Will it Be Done? The agency custodian is responsible for ensuring that the residential address and other protected information in the public record are redacted and not released in a subsequent public records request.

General Procedures- Providing Someone the Opportunity to Apply to Register or Update a Current Voter Registration Record

GENERAL PROCEDURES 1. Face-to-face. Offer the person the opportunity to register or update a record by giving him/her the preference form and an application form. 2. Over the phone. Offer the person the opportunity to register or update a record. Record the response electronically or on a paper preference form. Send the client a preference form (for informational purposes) and registration application. 3. Over the Internet/computer (no face-to-face). Ensure the computer program or process, offers the client the opportunity to register or update a registration record. Ensure that the preference form and the registration application are made available to the client via direct computer link or printing.

Preference Forms: Exception, Copying • Public libraries are the only voter registration agencies that are not required to use preference forms . However, if a public library is acting as an agent for another voter registration agency, it must use and record declinations on the preference forms. • Preference forms can be photocopied and written notations made on them to document what you do.

Purpose 1: To provide the person with the following statutorily required voter registration information such as: Preference (Declination) Forms: Purposes • Right to apply or decline to apply to register or update a voter registration record through your office. • Right to ask and receive the same level of assistance in filling out the voter registration application as you provide that person in seeking other agency services or assistance. • Right to privacy under the law as to information such as whether the person declined to register or update his or her records or information as to the office where he or she did apply to register. • Right not to have the amount or nature of government services or public assistance be affected, influenced or otherwise dependent by one’s decision to apply or decline to apply to register to vote or otherwise update one’s voter’s records.

Preference Forms: Purposes(Cont’d) Purpose 2: To track voter registration agency activities under NVRA It is a record of whether you are complying with the law by asking persons if they want to apply to register to vote/update their voter registration records. It is a record of whether and how persons are taking the opportunity to register/update their voter registration records through your agency or office (other than Supervisors of Elections’ offices).

General Procedures: What Do You Do If Someone Says . . . ‘No I don’t want to register or update my record?’ 1. Accept the person’s decision and record it on preference form. Person may decline orally and/or by refusing to complete or otherwise sign an application. 2. Retain the original preference (declination) form for two years as required by law (refer also to any federal law requirements applicable to your agency or office that may require that these records be kept longer). 3. Forward any submitted incomplete/unsigned voter registration applications to the supervisor of elections no later than 5 days of receipt.

General Procedures: What Do You Do If Someone Says . . . ‘Yes, I want to apply to register or I need to update my voter registration record?’ • Intake • If face-to-face (in office or home) provide person with copy voter registration application to complete or direct the person to a computer to fill out online form (available at Division of Elections’ website at: http://election.dos.state.fl.us/regtovote/regform.shtml) • If over the phone, fill out preference form and retain in file. Send person a blank preference form and voter registration application. • If electronic process, collect additional voter registration information not already obtained as part of the services for which the person came in and complete the intake.

General Procedures: What Do You Do If Someone Says ‘Yes, I want to apply to register or I need to update my voter registration record?’ (cont’d) 2. Assistance: • If face-to-face, offer to help fill out the application and if help is accepted, provide the same level of help you would give in helping the person get services through your office. (s.97.058(3)(b), Fla. Stat.) • If electronic, be sure that whoever or whatever resource is available to assist the person for other services is also available to help complete the application.

General Procedures: What Do You Do If Someone Says ‘Yes, I want to apply to register or I need to update my voter registration record?’ (cont’d) 3. Review and verification: • If face-to-face, give the person the opportunity and time to review (visually or if someone is visually impaired by reading out-loud the application to that person) and to verify and/or correct the accuracy of the information he or she wrote or that you inputted for him or her before accepting the application (which the person may or may not hand-in). • If electronic intake and submission, be sure that there is an opportunity and time for the person to review and verify as provided above.

Focus on helping the applicant complete at a minimum the required (marked in red or black) fields on an application form. Be sure the person reads any instructions/information on the application form. Do not attempt to verify or determine someone’s eligibility. However, assist the person to the extent possible to information regarding eligibility requirements. Only the Supervisor of Elections determines eligibility. You are not responsible for an applicant’s choice to leave a required or optional field blank but if it is an oversight and the applicant is there, try to let the applicant know. Otherwise, send the application “as is” to the local supervisor of elections. Assistance-Points to Remember

Assistance: Required Application Fields (con’td) (refer to statewide voter registration application DS-DE #39) • Name (field #7)(first and last name minimum) • Date of Birth (field #5)(Month, day and year) • ‘Check the Boxes’ (fields #2, 3, 4) • U.S. Citizenship (permanent legal resident is not a U.S. Citizen) • Non-felon or felon with rights restored • Non-adjudication of mental incapacity or mentally adjudicated incapacitated as to rights but rights restored. • Personal identifying number (field# 6) • Florida Driver’s License Number • Florida State Identification Card Number • Last 4 digits of the Social Security Number, or • If none of the above issued, person must write “NONE”

Assistance-Required Application Fields (cont’d)(refer to statewide voter registration application DS-DE #39) • Legal Residence (field #8)(no mailing or business address) • Current physical presence at address someone intends to make as his or her permanent residence. • Shelter where a homeless person resides. • Address of a place where a person docks his/her river or houseboat. • Address of student’s parent where university student is staying for indefinite period. • Address where someone receives mail regularly.

It must contain the original signature of the applicant (It attests that person read the OATH and affirms truth of information on application.) No one can sign for the applicant ---no parent, no person under authority of power of attorney, no guardian, etc. can sign or otherwise register for another person. A person can sign with an “X” or other mark if that is all his or she is capable of due to a physical disability or that is the way the person always signs his or her signature. Signature and Date (field #16) Assistance-Required Application Fields (cont’d) (refer to statewide voter registration application DS-DE #39)

Assistance: What does not have to be completed on an application? • Phone number (field #11) • Former name (field #11) • Former address (field #10) • Gender (field #14) • Race/ethnicity (field #13) • State or country of birth (field #14) • Political party affiliation (#12) • All other fields that are not highlighted as required (poll worker, assistance to vote, military service, etc.) However, all this information is important. It may be used identify duplicate registration records in the system, to contact an applicant or registrant regarding a question about his or her incomplete application or existing record, to ensure that a person receives assistance at the polls, or to determine whether someone may be able to vote in the Primary or Presidential Preference Primary Election and for which ballot contests based on his or her political party affiliation.

Assistance-Important Field:Political Party Selection (cont’d) Political Party Affiliation is an optional field but person’s choice or lack of choice affects if he/she may vote in certain contests and for whom in Primary Election or Presidential Preference Primary Election (PPP). Why is important to pick a party? Florida is a closed Primary Election state. What does that mean? Voters registered with one political party can not vote for candidates of another political party in a contest in a primary election or the PPP. There are 3 exceptions: 1) All voters can vote for non-partisan candidate races. 2) All voters can on issues like constitutional amendments. 3) All voters can vote for partisan candidate races if all the candidates are from the same party and the winner of the primary race faces no opposition in the General Election (known as Universal Primary)

Political Party Field Selection(cont’d) What if someone says “I want to register __?” . . . As an Independent. Do you input “No-party” “Independent Democrats of Florida” “Independent Party of Florida” or “Independence Party of Florida?” . . . As a Democrat. Do you input “Florida Democratic Party (aka Democratic Party)” or “Independent Democrats of Florida?” . . . As a Socialist. Do you input “Florida Socialist Workers” “Socialist Party of Florida” or “Party for Socialism and Liberation-Florida?” . . . As a Libertarian. Do you input “Libertarian Party of Florida” “Progressive Libertarian Party” or “Party for Socialism and Liberation?” . . . With the America Party. Do you input “The Real Food Party of the United States of America” “American Poor People Party” “American Reform Party of Florida” “Surfers Party of America” “Veterans Party of America” “America First Party of Florida” or “America Party of Florida?” . . . With the Reform Party. Do you input “American Reform Party of Florida” “British Reformed Sectarian Party” or “Reform Party?” Note that all parties mentioned are legitimately registered parties in Florida.

Political Party Field Selection (cont’d) Ask for clarification as to which political party the person intended or whether he or she not want to register with any party at all. As of July 2008, there are 2 major political parties and 30 minor political parties registered in Florida. DOS sends party list updates to DHSMV for immediate implementation in system and current list of all registered parties is always available at: http://election.dos.state.fl.us/online/parties.shtml)

Assistance-Points to Remember • Do notinfluence or try to influence someone to pick a particular political party affiliation. • Do notdisplay any political party affiliation or party allegiance. • Do notsay or do anything that discourages someone from registering to vote. • Do notreveal any person’s registration information for any purpose other than administration of voter registration

Let person know that he or she can submit the new application or an update through your office and that you will forward it to supervisor of elections for further processing. Tell the person to call the supervisor of elections office within 2 weeks if he/she has not heard from the that office or otherwise received a voter information card by that time. Assistance(cont’d)

FLORIDA DEPARTMENT OF STATE