to the extent that such disclosure is necessary to enable [them] to make decisions related to …any legal purpose, such as … voter registration.”
Notice of Revision and Republication of Privacy Act System of Records
, 76 Fed. Reg. 58525, 58528 (Sept. 21, 2011). Accordingly,FDOS, by and through Secretary of State Ken Detzner, seeks a declaratory judgment thatDefendants are required by federal law to grant FDOS access to the SAVE Program andinjunctive relief compelling Defendants to give FDOS immediate access to the SAVE Program.
1. FDOS is an agency of the State of Florida. FDOS is “suffering legal wrongbecause of agency action” and is “adversely affected or aggrieved by agency action within themeaning” of 8 U.S.C. § 1373(c), which provides that DHS “shall respond to an inquiry by aFederal, State, or local government agency, seeking to verify or ascertain the citizenship orimmigration status of any individual within the jurisdiction of the agency for any purposeauthorized by law, by providing the requested verification or status information.” FDOS is thusa proper plaintiff under the Administrative Procedure Act, 5 U.S.C. § 702.2. Ken Detzner, in his official capacity as the Secretary of State of Florida, isFlorida’s Chief Elections Officer and the head of the Department of State. Fla. Stat. §§ 20.10(1),97.012. In his capacity as Secretary of State and Chief Elections Officer, Secretary Detzner hasa responsibility under both state and federal laws to ensure that Florida’s voter registration rollsare current and accurate.
Fla. Stat. § 98.075 (providing that FDOS “shall protect theintegrity of the electoral process by ensuring the maintenance of accurate and current voterregistration records”); Fla. Stat. § 98.093 (requiring FDOS to access information from state andfederal officials “[i]n order to identify ineligible registered voters and maintain accurate andcurrent voter registration records in the statewide voter registration system”); 42 U.S.C. §2