Michael Hagihara

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Matthews, Maria I. < Maria.Matthews@DOS.MyFlorida.com> Tuesday, March 20, 2012 7:31'AM Michael Hagihara Secretary of State Gessler asks Homeland Security to ID noncitizens on Colorado voter rolls - The Denver Post

Hi Michael, I didn't realize that the Secretary had already sent a letter to the Department of Homeland Security when I spoke with you. Can you provide me with a copy of the letter that the Secretary sent? I take it YOll haven't gotten a response-oral or written from them, perhaps even an acknowledgment? If so, could you share that as well. Thanks. Respectfully,

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Assistant General Counsel Florida Department of State 850.245.6520 (direct line) 850.245.6127 (fax)
From: Kennedy, Jennifer L. Sent: Monday, March 19, 2012 4:24 PM To: Matthews, Maria I. Subject: Fwd: Secretary of State Gessler asks Homeland Security to ID noncitizens on Colorado voter rolls - The Denver
Post

Begin forwarded message: From: "Detzner, Kenneth W." <Kenneth.Detzner@,dos.myflorida.com> Date: March 19,20124:17:12 PM EDT To: "Jennifer Kennedy" <Jennifer.Kennedy@,DOS.MyFlorida.com>, <mar> Subject: Fwd: Secretary of State Gessler asks Homeland Security to ID noncitizens on Colorado voter rolls - The Denver Post

Begin forwarded message: From: vdavis@,martinvotes.com Date: March 19,20124:05:50 PM EDT To: Kenneth.Detzner@dos.myflorida.com Subject: Secretary of State Gessler asks Homeland Security to ID noncitizens on Colorado voter rolls - The Denver Post
1

FYI http://\vww.denverpost.com/recommended/ci 20192007#. T2eRnjtgy YE.email

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The Department of State is leading the commemoration of Florida's 500th anniversary in 2013. For more information, please go to www.fJa500.com. The Department of State is committed to excellence. Please take our Customer Satisfaction Survey.

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Michael Hagihara
From: Matthews, Maria L <Maria.Matthews@DOS.MyFlorida.com> Tuesday, September 06, 2011 3:58 PM Michael Hagihara RE:Contact Information

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Thank you very much Michael, Respectfully,

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Assistant General Counsel Florida Department of State R.A. Gray Building 500 S. Bronough Street Tallahassee, Florida 32399 850.245.6536 (office) 850.245.6127 (fax)

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The Department of State is leading the commemoration of Florida's SOOthanniversary in 2013. For more information. please go to

www.flaSOO.com. Secretary of State Kurt Browning is committed to maintaining a high level of service in all areas of the Department of State. If you have feedback on your service. please take the department's Customer Satisfaction Survey. Thank you in advance for your participation. DOS Customer Satisfaction Survey

From: Michael Hagihara [mailto:MichaeI.Hagihara@SOS.STATE.CO.USl

Sent: Tuesday, September 06, 2011 5:31 PM
To: Matthews, Maria 1. Subject: Contact Information Dear Ms. Matthews: Below are email addresses for Howard Roth, counsel with the Department counsel for the North Carolina State Board of Elections: Howard Roth - howard.roth@dhs.gov Don Wright - don.wright@ncsbe.gov If you have any questions or obtain information contact me at 303-894-2200 ext 6331. Sincerely, Michael Hagihara

of Homeland Security, and Don Wright,

that you would be willing to share with our office please feel free to

Michael Hagihara 1

Voter Registration and Elections Management Colorado Department of State 1700 Broadway, Ste. 200 Denver, CO 80290 p: 303-894-2200 ext 6331 f: 303-869-4861

Manager

2

Michael Hagihara
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Matthews, Maria I. < Maria.Matthews@DOS.MyFlorida.com> Tuesday, March 20, 2012 9:32 AM Michael Hagihara RE:Secretary of State Gessler asks Homeland Security to ID noncitizens on Colorado voter rolls - The Denver Post

Michael, Thanks for the call-back. I don't know how I missed the embedded link in the article. I will keep you posted how we decide to proceed and would appreciate likewise.

-Maria
From: Matthews, Maria I. Sent: Tuesday, March 20, 2012 9:31 AM
To: Michael Hagihara (MichaeI.Hagihara@SOS.STATE.CO.US) Subject: Secretary of State Gessler asks Homeland Security to ID noncitizens on Colorado

voter rolls - The Denver Post

Hi Michael, I didn't realize that the Secretary had already sent a letter to the Department of Homeland Security when 1 spoke with you. Can you provide me with a copy of the letter that the Secretary sent? I take it you haven't gotten a response-oral or written from them, perhaps even an acknowledgment? If so, could you share that as well. Thanks. Respectfully, .

~ Ctvi.cv ~ o.ttheMJ ~
Assistant General Counsel Florida Department of State 850.245.6520 (direct line) 850.245.6127 (fax)
From: Kennedy, Jennifer L. Sent: Monday, March 19, 2012 4:24 PM To: Matthews, Maria I. Subject: Fwd: Secretary of State Gessler asks Homeland Security to ID noncitizens on Colorado voter rolls - The Denver
Post

Begin forwarded message: From: "Detzner, Kenneth W." <Kelmeth.Detzner(mdos.myfiorida.com> Date: March 19,20124:17:12 PM EDT To: "Jennifer Kennedy" <Jennifer.Kennedv@DOS.MyFlorida.com>, <mar> Subject: Fwd: Secretary of State Gessler asks Homeland Security to ID noncitizens on Colorado voter rolls - The Denver Post
1

Begin forwarded message: From: vdavis@matiinvotes.com Date: March 19,20124:05:50 PM EDT To: Kenneth.Detzner(a),dos.mvflorida.com Subject: Secretary of State Gessler asks Homeland on Colorado voter rolls - The Denver Post FYI http://www.denverpost.com/recommended/ci 20192007#.T2eRnjtgvYE.email

Security to ID noncitizens

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The Department of State is leading the commemoration of Florida's 500th anniversary in 2013. For more information, please go to 'IiUIIUl~ www.fla500.com.

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Suzanne Staiert
From: Kennedy, Jennifer L. <Jennifer.Kennedy@DOS.MyFlorida.com> Tuesday, July 17, 2012 12:09 PM Gary Zimmerman Suzanne Staiert RE: DHS/MOA

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Cc: Subject:

Hi Gary, I apologize but I did not receive a voicemail message. I will be happy to share information am also available if you would like to chat about it. My contact information is below: with you all as we receive it. I

Jennifer Kennedy Assistant Secretary of State/Chief of Staff Florida Department of State 500 South Bronough Street Tallahassee, FL 32399-0250 850-245-6525 Florida is headed in the right direction!
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\~ The Department of State is leading the commemoration of Florida's _)IIIL, 500th anniversary in 2013. For more information, please go to tlil.lllUl www.fla500.com. The Department of State is committed to excellence. Please take our Customer Satisfaction Survey.

From: Gary Zimmerman [mailto:Garv.Zimmerman@SOS.STATE.CO.US]

Sent: Tuesday, July 17, 2012 1:51 PM
To: Kennedy, Jennifer L. Cc: Suzanne Staiert

Subject: DHSjMOA
Hi Jennifer, Following-up to my vmail: Please forward

a copy of the DHS/FL MOA when available to CO Deputy Secretary of State

Suzanne Staiert and me. If a draft version is available and permissible to forward, we'd like to see the language and Ts&Cs as soon as possible. My vcard is attached. Suzanne is cc'd. Thank you! Sincerely, Gary Zimmerman Chief of Staff Department of State/Office of the Secretary of State 1700 Broadway, Suite 200 Denver CO 80290 303.860.6900 Gary.zimmerman@sos.state.co.us
1

Dana Williams
From: Sent:
To: Bishop, Shelby L. <Shelby.Bishop@DOS.MyFlorida.com> Wednesday, June 20, 2012 7:39 AM rj@tir.com; Scott Gessler; gary.bartlett@ncsbe.gov; don.wright@ncsbe.gov Letter form 50S Detzner to DHS Honorable Janet Napolitano.pdf High

Subject: Attachments: Importance:

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Florida is headed in the right direction!
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The Department of State is leading the commemoration of Florida's ~ 500th anniversary in 2013. For more information, please go to rltAlllUnll. www.fla500.com. The Department of State is committed to excellence. Please take our Customer Satisfaction Survey.

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1

~LORIDA DEPARTl\1ENT
RICK SCOTT

of STAT~
KEN O.ETZNER

Governor

Secretary of State

June 19,2012 The Honorable Janet Napolitano U.S. Department of Homeland Security Washington, D.C. 2052~ Dear Secretary Napolitano: I write in response to a June 12 letter received from Alejandro Mayorkas, Director of U.S Citizenship and Immigration Services (USCIS), regarding the longstanding request by the Florida Department of State (FDOS) for access to the Systematic Alien Verification for Entitlements Program (SAVE Program). The uscrs letter continns our understanding that the SAVE Program can be used for voter registration purposes and would allow Florida to verify the citizenship status of naturalized u.S. citizens and the immigration status of defined categories of non-citizens. The June 12 letter also states that USelS is willing to work with my Department to "achieve Florida's participation in the SAVE Program." We accept this offer and respectfully reiterate our request for immediate access to the SAVE Program. Unfortunately, the USCIS letter indicates a lack of familiarity with Florida's procedures to identify potential non-citizens on its voter registration rolls, FDOS's intended use of the SAVE Program, andmost significantly-the data fields that FDOS offered to provide to useIS, severalmonths ago, to verify the current legal status of potential non-citizens. As previously stated, the Florida Department of State has access to alien registration numbers and other immigration-related documents for many potential non-citizens on its voter rolls and remains willing to provide this information to USCIS for verification purposes. Other information regarding Florida's efforts to identify potential non-citizens on its voter rolls, much of which has been previously provided or explained to uscrs, is summarized below. Automated Match Process [<'DOShas an obligation under both state and federal law to protect the integrity of the electoral process by identifying ineligible registered voters and otherwise ensuring the accuracy of Florida's voter registration system. In the Spring of2011, FDOS was informed that Florida's Department of Highway Safety and Motor Vehicles (DHSMV) maintains a record of citizenship/immigration-status information for individuals who have obtained a state driver license or identification card. FDOS believed DHSMV's legal-status information could be helpful in identifying non-citizens who have registered to vote.
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 Telephone: (850) 245-6500 • Facsimile: (850) 245-6125 www.dos.state.fl.us Commemorating 500 years of Florida history www.tla500.com

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FDOS worked with DHSMV to identify potential non-citizens who were registered to vote by identifying records common to DHSMV's Drivers and Vehicle Information Datahase (DAVID) and the Florida Voter Registration System (FVRS). The matching criteria used for this initial, automated match were (1) exact match on a driver's license number; (2) exact match on a nine-digit social security number; or (3) exact match on a generated driver's license number (derived from name (first and last), date of birth, and gender as contained in FVRS) with existing driver's licenses in DAVID. This final matching criterion was used because there are registered voters for whom there is no driver's license number or social security number. as they registered prior to that identification requirement. The return file only contained information on automated matches in which the DAVID system indicated that the person was a non-citizen based on documents produced to obtain a driver's license or state ID card. DHSMV's automated match process was able to identify roughly 11 million common records, of which approximately 180,000 were identified by DHSMV as potential non-citizens.

Secondary Review of Automated Matches
Following the automated match process, the Florida Department of State manually reviews each automated match. The two-step process involves a verification of both identity and legal status. First, the Florida Department of State verifies that the registered voter is the same person as the driver licensee by reviewing the name and date of birth under the driver's license and/or social security number, along with a review of other common fields such as address and signature comparison. Identification must be verified on a minimum of three secondary match criteria (firstllast name, date of birth, and driver's license number and/or social security number).

If the identity is verified, the Department of State verifies that the legal status information in
DAVID indicates "non-citizen" by reviewing the country/state of birth, the alien registration number or legal permanent resident numher (if available), documentation indicating legal status (citizen or noncitizen), and reconciling any inconsistencies in DAVID between data fields and available scanned documentation. If DAVID has available documentation as to legal status, the match record is deemed "REAL ID compliant." Only a record that is verified as to both identity and non-citizen legal status is deemed a "potential ineligibility" match, valid for subsequent determination and possible removal by county Supervisors of Elections WIder the process prescribed by section 98.075(7), Florida Statutes. FDOS soon recognized that the most significant limitation in its process was outdated citizenshipstatus information contained in a person's DAVID record, which is only as current as the person's last interaction with DHSMV. To obtain the most current and reliable information on a person's citizenship status, narrow the list of potential non-citizens on Florida's voter TO lis, and ensure that persons who have become citizens since their last contact with DHSMV would not be inconvenienced, FDOS would need direct access to the SAVE Program. FDOS first contacted USeIS regarding access to the SA VE Program on August 1,2011. In April 20 12, at the urging of several members of the Executive Board of the Florida State Association of Supervisors of Elections, FDOS forwarded a sample of roughly 2,700 persons identified as potential non-citizens to Supervisors of Elections for their additional review. Because DHS has blocked Florida's access to the SAVE Program, FDOS has been unable to send additional information to Supervisors of Elections since April 30,2012.

Notice, Hearing, and Removal Procedures After receiving information that a registered voter may be ineligible for any reason: Florida law (§ 98_(175(7), Florida Statutes) requires a Supervisor of Elections to take the following actions before any person's name may be considered for removal from the Florida Voter Registration System:
1. Initiate notice to the registered voter of his or her potential ineligibility by certified mail, return

receipt requested (or by some other means that allows verification of receipt). The notice must include (by law):
o

o
o

o
o o o

A statement of basis for ineligibility A copy ofany supportiug 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 the Supervisor of Elections Instructions for seeking restoration of civil Tights (if applicable)

2. Allow voter 30 days to respond (if the Supervisor of Elections receives verification that the notice was delivered). 3. If the mailed notice is returned as undeliverable, publish notice in a newspaper of general circulation in the county where the voter was last registered. 4. Allow voter 30 days to respond after newspaper publication. 5. Provide a hearing if requested by a registered voter denying the accuracy of the information underlying the potential ineligibility. 6. Determine eligibility of person based on a preponderance of the information and documentation before the Supervisor of Elections regarding eligibility or ineligibility.
If a registered voter identified as a potential non-citizen has become a citizen at any time

before the Supervisor's determination of eligibility, the voter shall be deemed eligible for purposes of continuing registration and should not be removed from the rolls. 8. If determinedineligible, remove voter's name from FVRS.

9. Send notice to the voterregarding the Supervisor's determination and action. The United States Department of Justice has granted preclearance to florida's notice, hearing, and removal process outlined above. Florida law also provides a right to appeal the Supervisor's determination of ineligibility to a court. Any voter whose name has been removed from the rolls can, at any time, present evidence that removal was erroneous and be restored to the rolls without having to reregister, even if the registration period for that election has closed. And even on Election Day itself, any person who has been removed from the voter rolls is entitled to cast a provisional ballot that wilJ be counted if a preponderance of the evidence shows the person was eligible. Florida Has Offered to Provide the Unique Identifiers Required by the SAVE Program According to the June 12 letter, DHS is prepared to grant Florida access to the SAVE Program for voter registration purposes provided Florida complies with the SAVE Program's "mandates" and "conditions." For nearly a year, Florida has been prepared to comply with all of the generally applicable

conditions of the SA VE Program. Nonetheless, USeIS has been generally non-responsive and has failed to specifically identify any conditions that Florida has not satisfied. These delays have significantly prejudiced Florida's ability to fulfill its legal obligatiun to verify that its voter registration rolls are current and accurate. The June 12 letter identifies only a single condition that Florida has allegedly failed to meet. USCIS claims that Florida "has not been able to provide the required information to USCIS" needed to verify current status-specifically, an alien registration number or other "unique identifiers" found on immigration documents. This is simply incorrect. As explained to several months ago, the Florida Department of State has access to the alien registration numbers and immigration-related documents contained in DHSMV"s database. Indeed, DHSMV itselfis a registered user of the SAVE Program and uses legal status information to verify eligibility for state driver's licenses. If these "unique identifiers" are sufficient for DHSMV's use of the SAVE Program, the same information should be sufficient for FDOS's use of the SAVE Program.

users

Moreover, by stating that the SAVE Program "does not allow verification based on name andlor date of birth alone," users implies that Florida has offered only those two data fields. This, too, is simply false. In addition to the alien registration numbers and other identifiers obtained from DHSMV, Florida has specifically offered to provide the following identifying information to USeIS for verification of legal status: • • first name; middle name;


• • • • • • • •

last name;
date of birth; personal identifying number (Florida driver's license number, Florida identification or last 4 digits of the Social Security Number); race (where available); state or country of birth (where available); telephone number (where available); residential address (Street, Apt/Lot/Unit, City, County, ZIP code); mailing address (including Street'P.O. Box, City, State, ZIP code); and signature. card number,

users

FDOS has gone well beyond offering only "name andlor date of birth" to USCIS for verification of the legal status of potential non-citizens. Indeed. FDOS has offered to provide the very information the letter now states is sufficient. FDOS's

Intended Use of the SAVE Program

If provided access to the SA VE Program, FDOS would use the immigration and citizenship-status information contained in the database as an additional check in its secondary review of the records identified through the automated match process. After manually confirming the automated identity match. FDOS would submit any alien registration number or other "unique identifier" contained on immigrationrelated documents obtained from DHSMV to the SAVE Program. lfthe SAVE Program indicates that the registered voter associated with the alien registration number remains a non-citizen, that information could, consistent with law, be provided to Supervisors of Elections to initiate the notice, hearing, and removal procedures outlined above. If the SA VB Program indicates that the non-citizen has since become a United States citizen, the updated legal-status information would simply be transmitted to DHSMV and-clearly-no action would be taken to remove the voter from the FVRS.

Conclusion
Access to the SA VEProgram is critical to ensuring that Florida can uphold its legal obligation to

maintain a current and accurate voter registration system, while at the same time minimizing any inconvenience to eligible voters. I respectfully reiterate Florida's request for immediate access to the SAVE Program and a response to this letter no later than June 26, 2012.

Sincerely,

Ken Detzner Secretary of State
cc: Alejandro Mayorkas

Dana Williams
From: Sent: To: SUbject:
Bishop, Shelby L. <Shelby.Bishop@DOS.MyFlorida.com> Monday, June 11, 2012 3:19 PM Scott Gessler; gary.bartlett@ncsbe.gov; don.wright@ncsbe.gov; rj@tir.com FW: Secretary of State Ken Detzner Files Lawsuit Against U.s. Department of Homeland Security, Seeks Access to Database of Non-Citizens to Ensure Accuracy of Florida Voter Rolls 6.11.2012 DOS vs. DHS, re SAVE Database.pdf High

Attachments: Importance:

From: DOS Press Office

Sent: Monday, June 11, 2012 4:49 PM Subject: Secretary of State Ken Detzner Files Lawsuit Against U.S. Department of Homeland Security, Seeks Access to
Database of Non-Citizens to Ensure Accuracy of Florida Voter Rolls

fLORIDA DEPARTMENT OJ·STAT~
FOR IMMEDIATE RELEASE: June 11, 2012 CONTACT: Chris Cate, (850) 245-6522

Secretary of State Ken Detzner Files Lawsuit Against U.S. Department of Homeland Security, Seeks Access to Database of Non-Citizens to Ensure Accuracy of Florida Voter Rolls
- Federal government agency preventing Florida from fulfilling statutory requirement -

TALLAHASSEE - Secretary of State Ken Detzner and the Florida Department of State today filed a lawsuit against the U.S. Department of Homeland Security for failing to meet its statutory obligation to provide access to the Systematic Alien Verification for Entitlements Program (SAVE) database, a database of information necessary to confirm the status of potential non-citizens and help ensure the integrity of Florida elections. "For nearly a year, the U.S. Department of Homeland Security has failed to meet its legal obligation to provide us the information necessary to identify and remove ineligible voters from Florida's voter roils," said Secretary Detzner. "We can't let the federal government delay our efforts to
1

uphold the integrity of Florida elections any longer. We've filed a lawsuit to ensure the law is carried out and we are able to meet our obligation to keep the voter rolls accurate and current." In 2011, the Florida Department of State received information from the Florida Department of Highway Safety and Motor Vehicles indicating that non-citizens may be registered to vote in Florida. However, while processing the new information, it became evident that the Department of State's ability to validate a person's legal status as up-to-date was limited. In order to validate such information, the department began seeking access to the SAVE database. After nearly a year of requests for access to the SAVE database, the federal government has shown no signs of meeting their legal requirement to provide access. However, federal law expressly requires the Department of Homeland Security (DHS) to respond to state inquiries seeking to verify or ascertain the citizenship or immigration status of any individual within its jurisdiction for any purpose authorized by law. Additionally, DHS recently stated that the SAVE database could be used for voter registration purposes in a document published September 21, 2011. ATTACHED: Complaint for Declaratory Judgment and Injunctive Relief: Florida Department of State vs. U.S. Department of Justice, et al,

###

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The Department of State is leading the commemoration of Florida's 500th anniversary in 2013. For more information, please go to IIi'Ull11m: www.f1a500.com.

---1~

_11k.

The Department of State is committed to excellence. Please take our Customer Satisfaction Survey.

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