Dear Ashley E. Davis:

We are writing to provide comments on the proposed changes to Rule 1S-2.048: State and Federal- Designated NVRA Voter Registration Agencies – Responsibilities published on August 14, 2024. In addition, we request remote access to the hearing for the reasons identified below.

While we appreciate the recent inclusion of the requirement for printing of forms for individuals who cannot complete the application online, the new version of the proposed rule contains numerous concerning changes that threaten the accuracy of the voter registration list specifically as it relates to the ability of naturalized citizens to register and remain registered free of barriers and intimidation. We request the following changes to the proposed rule:

On Wednesday, April 17, 2024, a new uniform vote-by-mail request form (DS-DE 160) for the state of Florida went into effect, and the state has made it available in English and Spanish. However, we would like to call attention to the need for broader resources to assist voters whose primary language is not English during the electoral process; in particular, we would like to call attention to the needs of Haitian voters, which in Polk County, we have estimated the number to be at least 4,197 voters, based on the latest Target Smart¹ data by way of Civis Analytics.²

Currently, only the county of Miami-Dade has a local ordinance that requires electoral materials to be available in Haitian Creole. As such, the county has made available a new vote-by-mail request form in the language. Broward County has also voluntarily adopted a similar form. Given the growth of Haitian voters in your county, we kindly ask that your office accept vote-by-mail requests that are made using the Haitian Creole translated version of the form, make printed forms available at the SOE main and branch offices, and establish procedures to ensure voters know how to obtain the form and that the requests are processed.

While dis- and misinformation about our elections have circulated for many years, the 2020 election acted as the impetus for sowing doubt regarding the safety and security of our voting systems, particularly in relation to falsehoods perpetuated around the safety and reliability of vote-by-mail ballots. All election disinformation is dangerous; according to POLITICO, “disinformation alone has now become the single biggest threat to electoral integrity in many countries around the world, meaning that what election authorities have traditionally seen as their biggest obligation — organizing technically competent free and fair elections — is no longer enough.”¹

Our organizations want to stress the critical role you play in combating dis- and misinformation. Your role requires you to avoid the amplification of false claims and share accurate and reliable information from trusted sources such as the Supervisor of Elections Office about the election process through all available means.

We want to reaffirm that there are systems in place that guarantee the safety and accuracy of our elections. These include:

All Voting is Local Action and the below-signed organizations are deeply concerned about the attached email sent by Director Maria Mathews to supervisors of elections on May 15, 2024, directing them to conduct voter registration list maintenance under Sections 98.045(2), 98.065, or 98.075(6)-(7) of Florida Statutes, using data produced by a private citizen affiliated with EagleAI. Such action would likely violate state and possibly federal law and improperly jeopardize the voting status of thousands of Floridians.

According to the email sent by Director Matthews, a concerned citizen shared a list of approximately 10,000 Florida voters who they asserted should be examined for list maintenance. The email’s sender said the list was generated with the assistance of EagleAI. EagleAI is a list-matching database that relies exclusively on publicly available information, all of which is insufficient to determine whether a voter is eligible to vote at their registration address. According to Georgia Elections Director Blake Evans, “EagleAI draws inaccurate conclusions and then presents them as if they are evidence of wrongdoing.”¹