Voter Registration Entities Overview KATRINIA FERGUSON, NVRA COORDINATOR ALEXANDER MOSCA, DIRECTOR S OFFICE MARIA MATTHEWS, DIVISION DIRECTOR LAST UPDATED APRIL 29, 2014 1
Table of Contents 1. Voter Registration Agencies (VRAs) 2. 3 rd Party Voter Registration Organizations (3PVROs) 3. Other Voter Registration Entities A. Florida Fish and Wildlife Conservation Commission B. Educational Institutes 2
Part One: Voter Registration Agencies ak a V RAs 3
Why do we Have Voter Registration Agencies? NVRA passed by U.S. Congress in 1993 Also known as Motor Voter Law Designated government entities as voter registration agencies Made broad changes to voter registration laws throughout U.S. Can register while getting driver s license Can register through mail Can register at Voter Registration Agencies (generally public offices/agencies who must also offer voter registration opportunities) Enabled in Florida with passage of 1995 Florida Voter Registration Act 4
What is a Voter Registration Agency? All offices that provide public assistance All offices that provide state funded programs for persons with disabilities Department of Health s Special Supplemental Food Program for Women, Infants, and Children Department of Children and Families programs Supplemental Nutrition Assistance Program Medicaid/Kidcare Medicaid Program Temporary Cash Assistance Program Agency for Persons with Disabilities Department of Veteran s Affairs Department of Education Division of Blind Services Division of Vocational Rehabilitation Department of Financial Services Division of Workers Compensation Disability offices at public colleges and universities 5
What is a Voter Registration Agency? (cont d) Armed Forces Recruitment Offices Army Navy Marines Coast Guard National Guard Centers for Independent Living 17 CILs Umbrella organization Florida Association of Centers for Independent Living Federally mandated under s. 725, 1973 Rehabilitation Act Public Libraries Operate under slightly different rules than other VRAs See special Library version of this document for details Includes County libraries and Municipal libraries 6
VRA Regulations Although VRAs primary function is not voter registration, they are required by federal and state law to provide certain voter registration services These requirements are fully described in: o Federal Law National Voter Registration Act o State Law Florida Statute 97.058 o Florida Administrative Code Division of Elections Rule 1S 2.048 7
VRA Responsibilities Accept voter registration applications in person or by mail Provide each applicant for services the opportunity to register to vote or update registration Must be proactive effort by agency Making voter registration forms available is not enough Provide access to voter registration form paper or online Can use statewide form (DS DE 39) (Preferred version for libraries) Can use NVRA Preference form (DS DE 77) (Preferred version for non library VRAs) 8
VRA Responsibilities (cont d) Inform applicants of certain voter registration rights Can use combined application and notice of rights NVRA Preference form (DS DE 77) If agency contracts with a private provider, agency must also contract for voter registration services Agency is responsible for ensuring providers comply 9
DS DE 77 NVRA Preference Form Preference form combines: Federal mail in voter registration application Notice of Rights Space to record declinations to register Available in English and Spanish Form was created to assist VRAs in meeting requirements of law and rule By incorporating this form into agency s application materials, VRAs will comply with several requirements at the same time 10
DS DE 77 NVRA Preference Form 11
VRA Responsibilities: Accommodations Degree of help Offer the same degree of assistance with voter registration as the agency offers for its own services At home services If agency provides services to a person with disabilities at the person s home, must also provide voter registration services at homes Telephone services Provide procedures for providing voter registration services to telephone applications 12
VRA Responsibilities: Administration Forward all complete and incomplete voter registration applications to the Supervisor of Elections office within 5 days Important to ensure application processed by book closing/registration deadline Retain declinations to register (or preference form activities) for 2 years o Can be recorded on Form DS DE 77 Collect data For DOS to report to the U.S. Elections Assistance Commission For VRAs to confirm compliance with federal and state law 13
Rule 1S 2.048 Sets out specific responsibilities for each VRA: 1. Designate a coordinator for voter registration services 2. Train staff either in house, or with assistance of county supervisor of elections or DOS 3. Offer opportunity to register or update voter registration records & notice of rights 4. Provide assistance same degree as for core agency services 5. Track and report voter registration activities to DOS Use reporting form DS DE 131 14
How Public Libraries Are Different VRAs Simplified paperwork: Not required to develop or use preference form or notice of rights Not required to record declinations to register Can use standard voter registration application Simplified reporting: Only report number of registration applications forwarded by each library in the county to the Supervisor of Elections Office No need to use reporting form All other provisions still apply 15
What SOEs can do to help Conduct outreach/training to designated VRAs in county Including making voter registration applications available Recommend VRAs use DS DE 77 Libraries should use statewide form Coordinate, if possible, 5 day pickup for applications in high volume offices Incorporate VRAs roles into voter education programs Assign proper application source code into FVRS so that system reflect number of applications coming from VRAs Check envelope to see if it is from a VRA Some VRAs may include a cover letter 16
Questions & Answers? 17
Part Two: 3 rd Party Voter Registration Organizations ak a 3 PVR O s 18
What is a Third Party Voter Registration Organization (3PVRO)? Any person, entity, or organization that COLLECTS any voter registration application (section 97.021 (37), Florida Statutes) Persons or organizations that SOLELY distribute applications do not need to register as 3PVRO Governed initially by section 97.0575, Florida Statutes HOWEVER, Rule 1S 2.042, Florida Administrative Code, supersedes statute at this time (based on court case) 19
Exceptions to 3PVRO A person who collects a voter registration application from that person s spouse, child, or parent; or A person engaged in registering to vote or collecting voter registration applications as an employee or agent of: Division of Elections Supervisor of Elections Department of Highway Safety and Motor Vehicles (includes Tax Collectors) Voter Registration Agencies 20
What are the Responsibilities of a 3PVRO? Register with State before collecting: Form DS DE 119 3PVRO Unique ID # Assigned Untimely submission of voter app: Fined Timely submission of all voter apps to: Division of Elections Supervisor of Elections Print date applicant delivered app to 3PVRO agent on reverse side of app Acts as fiduciary for applicant when app collected Write/Stamp 3PVRO ID # on reverse side of application 21
Delivery of Voter Registration Applications Within 10 calendar days of collection hand delivered or mailed to the DOE or SOE. Roll over to next business day if the 10th day falls on a weekend, holiday, or other day on which DOE or SOE office is closed hand delivered or postmarked. No later than book closing if book closing deadline for any given election for federal or state office falls within the 10 day period described above. 22
SOE Responsibilities Record the number of state or federal voter registration applications provided to and received from each 3PVRO by: Report to DOE on Form DS DE 124 by noon of the following business day. Null reports not required. Submit form DS DE 124 as an attachment in pdf format in an email to 3PVRO@dos.myflorida.com, or faxed to (850) 245 6291. All voter application forms provided to 3PVRO by DOE or SOE MUST have 3PVRO ID# on them. Assign source code 8 in FVRS to all 3PVRO voter registration applications mailed or hand delivered 23
Form DS DE 124 24
Untimely Filing of Voter Applications SOE Response SOEs staff shall report to DOE any untimely filed voter registration application submitted by 3PVROs: Send in copies of these applications Copy both sides to show the 3PVRO number as well as the date stamp by the organization. Explain when they were received and if they were hand delivered or mailed. If mailed, include a copy of the envelope. If hand delivered, include what action the SOE staff took to inform the organization of their infraction. Contact the applicant to confirm that the application was delivered to the organization. If available, submit additional information: Name and address of the person delivering the applications to the SOE office. Name and address of the registration agent who collected the applications. These applications should still be processed and voters registered / voter information updated 25
Untimely Filing of Voter Applications (Enforcement) Possible fines: $50 per application received by DOE or SOE more than 10 days after the applicant delivered the application to the 3PVRO. Willful violation = $250 fine. $100 per application collected from the applicant by the 3PVRO before book closing and received by DOE or SOE after book closing. Willful violation = $500 fine. $500 per application collected by a 3PVRO and not submitted to DOE or a SOE. Willful violation = $1000 fine. A 3PVRO s aggregate fine in a calendar year cannot exceed $1000. Enforcement: Upon a reasonable belief that a violation occurred, the Secretary of State refers the matter to the Attorney General for enforcement. 26
3PVRO General Information Resources: 3PVRO Webpage: http://election.dos.state.fl.us/voterregistration/third party.shtml Includes list of all current 3PVROs Presentation on 3PVROs: http://election.dos.state.fl.us/pdf/third_party_voter_registrat ion_organizations_02 14.pdf 3PVRO Coordinator: Virgie Korte: Virgie.Korte@DOS.MyFlorida.com 850 245 6409 27
Questions & Answers? 28
Part Three: Other Voter Registration Entities FFW C & EDUCAT IONAL INS T ITUTIONS 29
Florida Fish and Wildlife Conservation Commission Not a VRA or a 3PVRO Commission and sub agents specific responsibilities under 379.352(8 12), Florida Statutes: Must offer a voter registration application to any person applying for services (hunting or fishing permit) Must have voter registration forms available at sub agent offices Must offer to mail forms to telephone applicants Shall NOT provide assistance or collect applications from voters 30
FFWC (cont d) SOE Responsibilities: Ensure subagent offices are supplied with voter registration application forms List of locations on FTP site, updated when subagents change Mail voter registration forms to voters in your county who have requested them Voter information posted on FTP Site, updated weekly Information on how to access FFWC FTP Site can be found here: http://soe.dos.state.fl.us/ 31
FFWC FTP Site List of Subagent Offices by county List of voters requesting apps 32
Educational Institutes Not a VRA or 3PVRO Definition under section 97.0583, Florida Statutes : Public or private educational institution Receives state funds Focused on educating or training students at least 18 years old 200 or more students Student government has requested designation 33
Educational Institutes (cont d) Institutes responsibilities under 97.0583, Florida Statutes : Must provide each student the opportunity to register on campuses at least once a year Encouraged to offer voter registration at other places and times SOE Responsibilities: Provide voter registration applications upon request Consider assisting with required annual voter registration drive 34
Educational Institutes (cont d) Additional SOE Responsibilities under R1S 2.033(3), Florida Administrative Code: Conduct at least once a year voter registration/education program on high school and college campuses Provide workshops for individuals and organizations sponsoring voter registration drives 35
Questions & Answers? 36