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Third-Party Voter Registration Frequently Asked Questions Ann McFall Supervisor of Elections Historic Courthouse 125 West New York Avenue DeLand, FL 32720-5415 www.volusia.org/elections Revised: September 2011 What is a Third-Party Voter Registration Organization (3PVRO)? Any person, entity, or organization that solicits or collects any voter registration application, except: • A person who seeks only to register to vote or collect a voter registration application from that person’s spouse, child, or parent; or • An employee or agent who registers or collects voter registration applications on behalf of the Division of Elections (hereinafter “Division”), Supervisor of Elections, Department of Highway Safety and Motor Vehicles, or an official voter registration agency. What are the Responsibilities of a 3PVRO? A 3PVRO must comply with all statutory (see s. 97.0575, Fla. Stat.) and regulatory (see Rule 1SER11-02) requirements. Some specific requirements: • Timely submit all voter registration applications to the Division or the Supervisor of Elections, including incomplete applications (see question “Are There Penalties?” below, for timeliness requirements). • Serve as a fiduciary for the applicants from which it collects voter registration applications. • Ensure its assigned ID # is on every voter registration application provided to and received by the 3PVRO. • Keep its registration and registration agents’ information updated within 10 days of any change. • File monthly reports on Form DS-DE 123 with the Division NLT the 10th of each month reflecting an accounting of all registration forms provided to and received from its registration agents during the preceding month. The form must be e-mailed as an attachment in pdf format to 3PVRO@dos.state.fl.us or transmitted to the Division’s facsimile machine at 850-245-6291. How Do I Register? Prior to engaging in any voter registration activities, (defined in Rule 1SER11-02 as meaning when an organization solicits for collection or collects voter registration applications from persons), a 3PVRO must register by submitting Form DS-DE 119 as an e-mail attachment in pdf format to 3PVRO@dos.state.fl.us or transmitting it to the Division’s facsimile machine at 850-245-6291. The Division must approve the registration and assign the 3PVRO an ID # before the 3PVRO can conduct voter registration activities. Also, before any of its registration agents engages in voter registration activities, the registration agent must complete Form DS-DE 120. The 3PVRO must ensure that Form DS-DE 120 is submitted to the Division within 10 days of the registration agent beginning his or her duties with the 3PVRO. Should I Register if I am Only “Handing Out” Voter Registration Applications? Distributing voter registration applications by itself does not make a person a 3PVRO. An organization must only register when it solicits a person to return voter registration applications to the organization or if the organization collects the voter registration applications from the applicants. Must Each Person “Helping” Me Register as a Third-Party Voter Registration Organization? No, as long as the entity registered as a 3PVRO is actually controlling those persons (registration agents) helping to solicit for collection or collect voter registration applications and the voter registration applications are returned to the controlling entity for delivery to the applicable Supervisor of Elections or Division. However, again, each registration agent must complete Form DS-DE 120 before engaging in voter registration activities on behalf of a 3PVRO. Must a Candidate, Political Committee, or Political Party Register as a Third-Party Voter Registration Organization? Any candidate, political committee, or political party (or anyone else) who solicits for collection or collects voter registration applications must register as a 3PVRO. Must Affiliates or Subsidiaries of a Third-Party Voter Registration Organization Register? Each subsidiary or affiliate of a registered 3PVRO that also solicits for collection or collects voter registration applications must also register as a 3PVRO. Affiliate organization means any person, group, or entity associated with the 3PVRO as a subordinate, subsidiary, member, branch, chapter, as a central or parent organization, or through direct or indirect ownership or control. Ownership or control means substantial and effective, though not necessarily predominant, ownership or control. Is a Registered Agent Required and What is a Registered Agent? 3PVROs must designate on Form DS-DE 119 an agent (person or entity) that the organization authorizes as its agent to accept service of legal process on its behalf. The registered agent must accept the appointment by signing Form DS-DE 119; forms without the designated registered agent’s signature will be considered incomplete. The Division interprets “registered agent” of a 3PVRO to mean an individual resident in the state or a domestic or foreign corporation or a not-for-profit corporation authorized to transact business in the state with such person or corporation being authorized to accept legal service of process for the 3PVRO. How Does a 3PRVO Update or Withdraw its Registration? A 3PVRO must submit Form DS-DE 119 reflecting the update or withdrawal. The form must be submitted as an e-mail attachment in pdf format to 3PVRO@dos.state.fl.us or transmitted to the Division’s facsimile machine at 850-245-6291. Note: If a 3PVRO’s registration agent terminates his or her employment or volunteer service, the agent must immediately notify the 3PVRO, which must file an amended Form DS-DE119 or send an email or fax to the Division reflecting the termination. Are There Penalties? A 3PVRO which collects voter registration applications serves as a fiduciary to the applicant, ensuring that any application entrusted to the 3PVRO shall be promptly delivered to the Division or the Supervisor of Elections. If a voter registration application collected by any 3PVRO is not promptly delivered to the Division or the Supervisor of Elections, the organization shall be liable for the following fines: • $50 for each voter registration application received by the Division or the Supervisor of Elections more than 48 hours after the applicant delivered the completed application to the 3PVRO or any person, entity, or agency acting on its behalf. The fine increases to $250 per application if the act was willful. • $100 for each voter registration application collected by a 3PVRO or any person, entity, or agent acting on its behalf, before book closing for any given election for federal or state office and received by the Division or the Supervisor of Elections after the book closing deadline. The fine increases to $500 per application if the act was willful. • $500 for each voter registration application collected by a 3PVRO or any person, entity, or agent acting on its behalf, which is not submitted to the Division or the Supervisor of Elections. The fine increases to $1000 for any application if the act was willful. - The date the applicant signed the voter registration application is presumed to be the date the 3PVRO received the application. However, the 3PVRO is responsible for printing the date and time the applicant completed the application in a conspicuous space on the bottom portion of the reverse side of any voter registration application in a manner that does not obscure any other entry. - The aggregate fine which may be assessed against a 3PVRO, including affiliate organizations, for violations committed in a calendar year is capped at $1,000. What Can a 3PVRO Do to Make the Voter Registration Process Easier? Ensure applicants filling out the voter registration form: Writes clearly and legibly. Provides their first and last names. Provides their “physical” residence address. Provides their date of birth. Provides their Florida Driver’s License or Florida identification card number. If none, the last four digits of their Social Security Number, or checks or writes “None”. • Signs the voter registration form with an original signature. • Make sure all appropriate boxes are marked, such as citizenship, party affiliation, felony, or mental incompetency information. • • • • • Relevant Forms • Form DS-DE 39, Uniform Statewide Voter Registration Application • Form DS-DE 119, Third-Party Voter Registration Organization Registration Form • Form DS-DE 120, Third-Party Voter Registration Organization Registration Agent’s Sworn Statement • Form DS-DE 121, Form for Complaint Against Third-Party Voter Registration Organization • Form DS-DE 123, Third-Party Voter Registration Organization’s Accounting of Voter Registration Applications Who Do I Contact for More Information? Florida Department of State Division of Elections Phone: 850-245-6286 or 850-245-6290 Fax: 850-245-6291 Email: 3PVRO@dos.state.fl.us Web Site: http://election.dos.state.fl.us/voterregistration/third-party.shtml The information included in this pamphlet was provided by the Florida Department of State, Division of Elections. The Volusia County Supervisor of Elections office is eager to assist those who wish to conduct a voter registration drive by providing the knowledge necessary to have a successful event. For further information, please contact the Department at: Area Code for all numbers is (386) 736-5930 423-3311 254-4690 574-0598, ext 5930 Email: elections@co.volusia.fl.us