Voter Registration and Early Voting Overview for Libraries; Includes Training for Rule 1S-2.048

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2 Voter Registration and Early Voting Overview for Libraries; Includes Training for Rule 1S KATRINIA FERGUSON, NATIONAL VOTER REGISTRATION ACT (NVRA) COORDINATOR PAM THOMPSON, DIVISION OF LIBRARY AND INFORMATION SERVICES MARIA MATTHEWS, DIVISION DIRECTOR LAST UPDATED MARCH 11, 2014

3 Table of Contents: 1. Public library as a Voting site. 2. Public library as a Voter Registration (VRA) Agency. 3. Rule 1S-2.048, NVRA Voter Registration Agencies. 4. How to Process a Voter Registration Application: This section can be used to satisfy training requirements. 3

4 Part One: Voting at Libraries: 4 REQUIREMENTS & BEST PRACTICES

5 Early Voting (EV) Dates and Times: Voters have the option to vote early before an election: Mandated minimum eight day EV period: 10 th through third day before election (state or federal races). There are different schedules for municipalities and special districts, if the local elections are being held separately from state or county elections. Minimum eight hours per day; maximum 12 hours per day. Optional additional EV period: The Supervisor can add one or more of the following days: 15 th through 11 th days, and the Sunday before election day. 5

6 Mandated Sites: Early Voting Sites: Main or branch office of the Supervisor of Elections (SOE). Public library as an optional early voting site: Other optional sites that the Supervisor may select: city hall, fairgrounds, civic center, courthouse, county commission building, stadium, convention center, government owned senior center, or a government owned community center. Site must be geographically located to provide voters equal opportunity to cast ballots (insofar as it is feasible). Site must be selected at least 30 days in advance of election day. If you are interested in becoming an early voting site, please contact your local Supervisor of Elections office. 6

7 Best Practices-Memoranda of Agreement: Execution of contract or agreement: o Spell out: duties; staffing; security; dates; times of operation; and respective responsibilities, of the SOE and the library. o Facilitate communication and minimize misunderstandings. o Establish good working relationships from the start. 7

8 Best Practices- Library Operations During Early Voting: Limit or exclude library services from the polling room during voting hours, or for the entire length of early voting, depending on the room s regular function (i.e. access to a book drop). Do not schedule meetings, events or other gatherings, during the early voting period. Otherwise, continue regular operations and hours during early voting. 8

9 Best Practices- Library Staffing During Early Voting: Always have a library staff member present while election workers are on site, including times beyond the staff s regular hours/days. The library s regular cleaning service should not be permitted in the area during voting hours: 9 Election workers are responsible for keeping the polling room clean and orderly. Only authorized persons may be in the polling rooms during voting. This includes: voters and caregivers (if assistance is required by the voter); someone the voter is caring for; poll watchers; poll workers; Supervisor of Elections staff; and with permission only, law enforcement and emergency service personnel.

10 Best Practices-Library Cost Reimbursement: The Library Director and the Supervisor of Elections Office, should coordinate to determine appropriate reimbursement, if any, for costs associated with library staff activities beyond regular hours/days. 10

11 Best Practices-Voting Security: Replacement of locks: Friday, prior to early voting, locks to early voting rooms are replaced with locks owned by the Elections Office, and stored in the Supervisor of Elections vault during non-election years. Library owned locks are replaced the day after the election, once the equipment is picked up and returned to the Elections office. Key access: 11 Polling place, Clerk and Elections officials are the only persons with key access. Unlocking/locking building: o This is the library s responsibility.

12 Best Practices- SOE Early Voting Preparation Timeline: months: Notify County Manager, Public Service Administrator and Library Director, of facility use, dates and times. 1-2 months: Notify individual library contacts of election phone line activation and testing. Give reminders of dates and times. 1 week: Notify individual library contacts of equipment delivery and changing of locks. 3-4 days: Direct locksmith to change locks on doors to early voting rooms. Coordinate delivery of equipment to polling rooms, or storage areas with library staff. 1-2 days: Coordinate access to polling rooms for limited room setup with library staff, as applicable. During EV: Discuss any challenges or issues that arise during EV.

13 Library as Polling Place: In addition to early voting, many libraries also function as polling places on election day. If your library is a public, tax supported building, you may be asked by your local Supervisor of Elections to act as a polling place. 13

14 No Solicitation Zone: 14 Florida Statutes , creates a no solicitation zone around polling places and early voting sites: No person, or group, may solicit voters inside the polling place, or within 100 feet of the entrance. The Supervisor of Elections is solely responsible for designating boundaries. Soliciting includes: Seeking, or attempting to seek, any vote, fact, opinion or contribution. Distributing political or campaign materials. Seeking a signature on a petition Selling any items. Solicitation does not prohibit exit polling.

15 No Solicitation Zone, continued: The Supervisor may take reasonable action to ensure order in the polling places, early voting sites, or in no solicitation zones: This can include having disruptive and unruly persons removed by law enforcement. Always refer, and defer, to the SOE on this matter: 15 If you receive a complaint or see any suspicious activity, refer the person to the SOE, or inform SOE staff.

16 Questions? 16

17 Part Two: Public Library as a Voter Registration Agency: 17 VOTER REGISTRATION AGENCIES

18 What is a Voter Registration Agency? NVRA passed 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: Voters can register while getting a driver s license. Voters can register by mail. Voters can register at voter registration agencies. Enabled in Florida with the passage of the 1995 Florida Voter Registration Act. Federal law (NVRA) designated and defines a Voter Registration Agency as: All offices that provide public assistance, such as: Department of Children and Families programs and Department of Health s Special Supplemental Food Program for Women, Infants and Children. 18 Supplemental Nutrition Assistance Program. Medicaid / Kidcare Medicaid Program. Temporary Cash Assistance Program.

19 What is Voter Registration Agency?- continued: All offices that provide state funded programs for persons with disabilities: Agency for Persons with Disabilities. Department of Veteran s Affairs. Department of Education: 19 Division of Blind Services. Division of Vocational Rehabilitation. Department of Financial Services, Division of Workers Compensation. Disability offices at public colleges and universities. Armed forces recruitment offices: Army. Navy. Marines. Coast Guard. National Guard.

20 What is Voter Registration Agency?- continued: Public Libraries*: A library established under state law or regulation that serves a community, district or region, and provides at least the following: 20 An organized collection of printed or other library materials, or a combination thereof. Apaid staff. An established schedule during which staff services are available to the public. Has the facilities necessary to support collections, staff and schedules. Is supported in whole, or in part, with public funds. County. Municipal. *The Institute of Museum and Library Services definition does not include academic libraries. Centers for Independent Living. Other offices selected by state.

21 VRA Regulations: Although a 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: Federal Law National Voter Registration Act. State Law Florida Statute Florida Administrative Code Division of Elections Rule 1S

22 Library as a VRA, and its Responsibilities: Offer the same degree of help to complete voter applications as you provide for completing library card applications, renewals, or updates. Establish procedures for providing voter registration services by telephone. If the library provides services to a person with disabilities at the person s home, it must also provide voter registration services at a voter s home. Provide access to both paper and online voter registration applications. Use statewide form (DS-DE 39) (next slide). 22

23 Form DS- DE 39 Statewide Voter Registration Application: 23

24 Library VRA Responsibilities: Administration: Accept all applications, dropped off in person or by mail. Forward all applications (complete and incomplete) to the Supervisor of Elections within five (5) days. Report to the Department of State the number of applications forwarded to the Supervisor of Elections (required by rule 1S-2.048). 24 Data from voter registration agency activities are used to report to the U.S. Election Assistance Commission every two years (general election years). The U.S. EAC then reports to Congress on the effectiveness of NVRA activities throughout the country. For example, see: eac.gov/registration-data

25 NVRA Preference Form: Preference form combines: Federal mail-in voter registration applications. Notice of rights. Space to record refusal to register. Only used if library is acting in place of another voter registration agency (i.e., WIC). Libraries that enter into agreements with Access Florida must refer to their agreement to determine if Preference Forms must be used. 25

26 Form DS-DE 77 NVRA Preference Form: 26

27 Questions? 27

28 Part Three: Rule 1S NVRA Voter Registration Agencies: 28 SPECIFIC RESPONSIBILITIES/REQUIREMENTS

29 Requirements: Each Voter Registration Agency must: 1. Designate a coordinator for voter registration services Train staff (either directly or through assistance from the county Supervisor of Elections or Department of State). 3. Offer opportunities to register or update voter registration records (state and federal law). 4. Provide assistance (offer help to the same degree as core agency services). 5. Track voter registration activities, and report data to the Department of State.

30 #1: Coordinators: Designate an agency coordinator, who must: Notify the Division of Elections of the agency s contact information. 30 VRA.Reporting@DOS.MyFlorida.com The highest level administrative unit that oversees, or monitors, activities of jurisdictional, district or regional offices, is responsible for designating a coordinator.

31 #2: Training Staff: 31 Provide voter registration training for all agency staff whose duties involve: Offering new agency services. Renewal or recertification of agency services. Address changes for receipt of services. By Whom: In-house agency coordinator. By local Supervisor of Elections office. By DOS NVRA Coordinator. Scope of training: How and when Voter Registration services must be provided. How to assist applicants in completing Voter Registration forms. How to inform applicants of their rights. How to submit applications. It is recommended that you incorporate voter registration training into new staff training materials. The final portion of this presentation can be used to satisfy these requirements.

32 #3: Offering the Opportunity to Register or Update Registration: Offer an opportunity to register, or update registration records, whenever a person: applies; renews; reapplies; recertifies for agency s core services; benefit assistance; or updates address. Examples of agency core services, benefits and assistance: 32 Library card (Public Library). Food, medical and temporary cash assistance (DCF). Health and nutrition services (DOH/WIC). Personal assistant or personal care services, and nursing home transition services (CIL). Disability services (any state office that serves persons with disabilities, or any state office that provides state funded programs primarily to persons with disabilities). Blind services (Dept. of Education).

33 #4: Providing Assistance: Must be offered regardless of the manner in which the applicant interacts with the library to obtain a library card: In person. By mail. Over the phone. Online. Proactive effort by agency: 33 It is not sufficient to just have voter registration applications available for clients. You must make an affirmative attempt to offer services. The best way to comply is to incorporate voter registration forms into your agency s own application materials.

34 #4: Providing Assistance, continued: 34 Provide the same level of assistance for voter registration processasisprovidedfor theagency score services: o For example, filling out the application for a new library card. A person can refuse assistance: o If assistance is declined, the person can complete a form on his or her own, at the library, or at home.

35 #5: Tracking, Recording and Reporting Data: Each coordinator must complete quarterly reports: 35 Report data to the Division of Elections: o o o o Report the number of applications forwarded by each public library to the local Supervisor of Elections office. information to: VRA.Reporting@DOS.MyFlorida.com No specific form is required for libraries. Each individual branch library does not report to the Division of Elections, but instead, reports to its regional office, which will then report to the Division.

36 Questions? 36

37 Part Four: How to Process a Voter Registration Application: 37 THIS SECTION CAN BE USED TO SATISFY THE TRAINING REQUIREMENTS OF RULE 1S-2.048

38 When to Offer Voter Registration Services and to whom? Each time an applicant applies for your agency s services: Initially applies for agency core services/benefits/assistance. Applies for renewal of agency core services/benefits/assistance. Submits a change of address in order to obtain, or continue to obtain, core services/benefits/assistance. Applicant must be offered the opportunity to register to vote/update registration. There is no need to offer voter registration every time a person calls or comes in: o Only when a client is applying; renewing; re-applying; recertifying; or updating address for core agency services. 38

39 Who do you offer voter registration services to? 39 Anyone who is 18 years or older (assuming they are otherwise eligible). Anyone who is 16 years or older may pre-register: o Parental, or guardian, approval is not required to pre-register. o No one but the applicant may sign the application.

40 Special Class of Applicants: Victims of Domestic Violence or Stalking: What do you do? o Do not intake, or otherwise take, their voter registration information. o Refer these persons immediately to the county Supervisor of Elections office. o Special registration process applies (Attorney General s Address Confidentiality Program). 40

41 Who Are They? o Special Class of Applicants: Address Confidentiality Request: 41 Judges and quasi-judicial officers; state and U.S. attorneys; guardians ad litem; child abuse investigators; law enforcement officers; correction officers; firefighters; human resource personnel, including their spouses and children; victims of certain aggravated violent crimes; and other designated classes whose physical safety is at issue because of their profession or victim status. What is protected? o Specified identification and location information for specific categories (typically, residential address, date of birth, phone numbers and photos).

42 Special Class of Applicants: Address Confidentiality Request, continued: What do you do? Process as you would any other applicant. The exemption applies to protect disclosure of information later, if or when, a public records request is made. How will it be done? 42 The Supervisor of Elections, as the agency s custodian, is responsible for ensuring that the residential address and other protected information in the public record are redacted and not released, or otherwise made publicly available or accessible.

43 Options in Providing Voter Registration Services? IN PERSON OPTION: Give the person a paper voter registration form at the same time you give him or her the application for your agency, or Direct the person to a computer with a link to the online voter registration application, and the capability to print the form. You can not charge for this. ELECTRONIC OPTION: Offer to input voter registration information at the same time you would input your agency s information, and print out the form for the client s signature. PHONE OPTION: If the application to receive agency services is processed over the phone, offer to mail the person a voter registration application. 43

44 How to Offer Help in Completing the Form: Be sure the person reads all instructions and information. Help the applicant complete, at a minimum, the required fields. 44 Do not attempt to verify or determine someone s eligibility; only the Supervisor of Elections determines eligibility: You are not responsible for an applicant s choice to leave a required, or optional, field blank. However, if you see a blank mandatory field, tell the applicant in case it was an oversight. Otherwise, forward the application as is to the local Supervisor of Elections.

45 Required Fields: 45 Check box for U.S. Citizenship: Permanent Resident status is not a U.S. citizen. Check box for affirming no felony conviction, or if convicted, right to vote restored Not on DS-DE 77 Check box for affirming no mental incapacitation with respect to voting, or if adjudicated, right to vote restored Not on DS-DE 77 Date of birth: Must have month, day and year. Name: Must have first and last name. Personal identification number: Florida Driver s License number. State of Florida Identification Card number. If none of the above have been issued, than the last four digits of the Social Security number, OR If none of the above have been issued, the person must write NONE.

46 Legal Residence: Required Fields, continued: May NOT be a mailing or business address. 46 MUST be their current address, and is intended to be his or her permanent residence, including: Home street address. Address of a place where a person lives and docks a houseboat. Address of student s parent where university student is staying for an indefinite period. Address where someone receives mail regularly, if homeless or no permanent residence.

47 Required Fields, continued: Signature and Date: 47 The original signature of the applicant. No one else can sign for the applicant. A person can sign with an X, or other mark, if that is all he or she is capable of due to a physical disability, or if that is the way the person always signs his or her signature.

48 Phone number. Mailing address. Optional Fields: address. Former Address (if making an address change). Former Name (If making a name change). Gender. Racial or Ethnic Group. Political Party Affiliation. 48

49 Political Party Affiliation: Political Party Affiliation is an optional field: Failure to select an officially registered party, or leaving it blank, means the person will be registered with No Party Affiliation. Florida is a Closed Primary State: Voters with No Party Affiliation CANNOT vote in those races in the primary election, or the Presidential Preference Primary Election. Voters registered with one political party CANNOT vote for candidates of another political party in that party s primary election, or the Presidential Preference Primary. All voters, regardless of affiliation or no affiliation, can vote on any issue, and nonpartisan race, or any race in which a partisan candidate will face no opposition in the general election. 49

50 Political Party Affiliation, continued: Two Major Parties: Florida Democratic Party. Republican Party of Florida. 13 Minor Parties: Example, Green Party of Florida. Example, Independent Party of Florida. A person may register without any political party affiliation (by writing none or NPA on the form). Further information on the political parties in Florida: election.dos.state.fl.us/candidate/parties.shtml 50

51 Points to Remember: Do not influence, or try to influence, someone to pick a particular political party affiliation. Do not display any political party affiliation or party allegiance. Do not say or do anything that discourages someone from registering to vote. Do not publicly disclose any person s registration information, for any purpose other than the administration of the voter registration. 51

52 General Points on Receiving and Transmitting Voter Registration Applications: If someone drops off or mails in, a paper Voter Registration Application to your library: Accept it no matter what. If hand delivered, stamp the date of receipt on the application. Do not include the agency name or address in the date stamp. If mailed in, keep the envelope with the mailed in application. Do not discard the postmarked envelope, regardless of whether the postmark date is clear or not. Enclose ALL applications in an envelope or courier bag: 52 This includes both applications completed at your agency and applications mailed to your agency. Include a cover letter in the envelope to help the SOE office properly code the source of the applications. Mark the exterior of the envelope, or courier bag, clearly with your agency name and location.

53 General Points on Receiving and Transmitting Voter Registration Applications, continued: 53 Forward ALL applications within five (5) days to the local county Supervisor of Elections office, (or be sure that the courier service picks up no later than five (5) days): Mail all applications to your local SOE office, even if voter uses an out of county address (the SOE will forward to the appropriate county). If registration deadline is within five (5) days of receipt, forward ASAP.

54 How to Obtain Voter Registration Applications: Download and print, or copy, them at your office: Florida Voter Registration Application English. Florida Voter Registration Application Spanish. Use preference forms only if you are a library acting in capacity of another voter registration agency: NVRA Preference form with Voter registration Application English. NVRA Preference form with Voter Registration Application Spanish. Order forms from the Division of Elections: The NVRA Coordinators can assist you with this. 54

55 Complaints: Who: Any person can lodge a complaint against a voter registration agency. How: By filing a NVRA Complaint with the Department of State: election.dos.state.fl.us/rules/adopted-rules/pdf/dsde18.pdf What happens: A hearing must be held. When: 55 Within 30 days of the filed complaint. Within 20 days if the violation occurs within 120 days of an upcoming election. If the violation is within 30 days of a state or federal election, and the person s rights have been affected, the person may bypass the administrative process and file directly with the court.

56 Resources: Division of Elections NVRA Webpage. Text of Rule 1S Election Laws of Florida. Information on Political Parties. NVRA Complaint Form. 56

57 Who Can I Contact if I Have Questions? Division of Elections: Contact: Katrinia Ferguson: NVRA Coordinator Division of Elections Katrinia.Ferguson@DOS.MyFlorida.com Back up: Alexander Mosca Alexander.Mosca@DOS.MyFlorida.com For submitting Quarterly Reports use: VRA.Reporting@DOS.MyFlorida.com Your Local Supervisor of Elections: election.dos.state.fl.us/soe/supervisor_elections.asp 57

58 Questions? 58

59 Rick Scott, Governor Ken Detzner, Secretary of State Florida Department of State Division of Library and Information Services This publication has been funded under the provisions of the Library Services and Technology Act, from the Institute of Museum and Library Services, administered by the Florida Department of State s Division of Library and Information Services.