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

Ken Detzner Maria Matthews, Esq.

September 2012 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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 Automated match
DOS Based on 1 of 3 match DHSMV
FVRS criteria sets
& legal status Driver Licensee
Registration
indicator Records
Records
BVRS Manual Review-
Re-verification of identity
Re-verification of legal status U.S.
Department
SAVE verification: 1) Initiate verification, and 2) Review response:
of Homeland
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 Security-
voter. SAVE/VIS
Database:
SOE Action: 1) Mail letter to SAVE verified U.S. citizens to disregard
Initial
prior notice/re-affirm registration status, 2) Mail notice to unverifiable
non-U.S. citizens re prior notice and reminder about eligibility verification,
requirements penalties for false registration and voting & 3) Resume initial retry, &
notice and removal process under s. 98.075(7), F.S. for SAVE verified additional
non U.S. citizens and include one last SAVE verification prior to verification
determination of ineligibility and removal in cases where voter has not
admitted ineligibility. 4
 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, photo
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 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 Access and Use of SAVE

 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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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)

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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

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 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.
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 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. 27
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

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 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

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U.S. PASSPORT CERTIFICATE OF CITIZENSHIP

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CERTIFICATE OF CONSULAR REPORT OF BIRTH
NATURALIZATION ABROAD

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U. S. BIRTH CERTIFICATE U.S. BIRTH CERTIFICATE
SAMPLE -FLORIDA 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 42
 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
850-245-6520
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