JACKSONVILLE, Fla. -- Duval Supervisor of Elections Jerry Holland knows there are 3,600 names of non-citizens on his voters' roll but said when it comes to purging those names, his hands are tied by state and federal laws.
"With the removing of voters, there are certain state and federal requirements of who can be removed 90 days prior to an election," he said.
Holland said he is less than 90 days from the primary elections in August, and under those State and Federal laws, there are only four reasons to purge the list.
A. The voter has been adjudicated mentally ill.
B. The voter is deceased.
C. The voter is a felon.
D. The voter wants his/her name removed.
"There's nothing in there that allows you to remove non-U.S. citizens in the 90-day window and that really becomes the question," said Holland.
Lawyers for the Florida State Association of Supervisors of Elections sent a memo to all supervisors telling them to stop processing the list.
Holland said the Florida Department of State identified 3,600 non-citizen voters in Duval County, but he has yet to see the names on the list.
"We have never received the list, that has been placed on hold, so we do not have a list to work with regardless if we got it or not," he said.
Holland said the names are considered potential until they have been vetted because some were registered while getting a drivers license, others may have become U.S. citizens since the list was generated.
The list was created last April and Holland said the Governor's staff took too long to verify the names with U.S. Homeland Security.
Now that the August election is near, the list of voters will likely remain unchanged.
"I don't see any being removed in this list maintenance," he said.
Florida Department of State had until June 6 to respond to the U.S. Justice Departments order to stop the purging.
In a letter to the DOJ, Secretary of State Ken Detzner objected to the DOJ.
"The department of State respectfully disagrees with DOJ's Position," wrote Detzner.
"No person has been or will be removed from the voter rolls without the fundamentals of due process," Detzner wrote.
Detzner asked what steps should Florida take to identify and remove non-citizens from its voter registration rolls between today's date and the date of the November 6 General Election.
First Coast News