16-165
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16-165. Causes for cancellation A. The county recorder shall cancel a registration: 1. At the request of the person registered. 2. When the county recorder knows of the death of the person registered. 3. If the person has been adjudicated an incapacitated person as defined in section 14-5101. 4. When the person registered has been convicted of a felony, and the judgment of conviction has not been reversed or set aside. The county recorder shall cancel the registration on receipt of notice of a felony conviction from the court or from the secretary of state or when reported by the elector on a signed juror questionnaire that is completed pursuant to section 21-314. 5. Upon production of a certified copy of a judgment directing a cancellation to be made. 6. Promptly after the election if the person registered has applied for a ballot pursuant to section 16-126. 7. When a person has been on the inactive voter list and has not voted during the time periods prescribed in section 16-166, subsection C. 8. When the county recorder receives written information from the person registered that the person has a change of residence within the county and the person does not complete and return a new registration form within twenty-nine days after the county recorder mails notification of the need to complete and return a new registration form with current information. 9. When the county recorder receives written information from the person registered that the person has a change of address outside the county. B. If the county recorder cancels a registration pursuant to subsection A, paragraph 8 of this section, the county recorder shall send the person notice that the registration has been cancelled and a registration form with the information described in section 16-131, subsection C attached to the form. C. When proceedings in the superior court or the district court result in a person being declared incapable of taking care of himself and managing his property, and for whom a guardian of the person and estate is appointed, result in such person being committed as an insane person or result in a person being convicted of a felony, the clerk of the superior court in the county in which those proceedings occurred shall file with the secretary of state an official notice of that fact. The secretary of state shall notify the appropriate county recorder and the recorder shall cancel the name of the person upon the register. Such notice shall name the person covered, shall give the person's date and place of birth if available, the person's social security number, if available, the person's usual place of residence, the person's address and the date of the notice, and shall be filed with the recorder of the county where the person last resided. D. Each month the department of health services shall transmit to the secretary of state without charge a record of the death of every resident of the state sixteen years of age and older reported to the department within the preceding month. This record shall include only the name of the decedent, the decedent's date of birth, the decedent's social security number, if available, the decedent's usual legal residence at the time of death and, if available, the decedent's father's name or mother's maiden name. The record shall be used by the secretary of state for the sole purpose of canceling the names of deceased persons from the statewide voter registration database. Public access to the records is prohibited. Use of information from the records for purposes other than those required by this section is prohibited. The name of each deceased person shall promptly be canceled from the statewide voter registration database and the secretary of state shall notify the appropriate county recorder and the recorder shall cancel the name of the person from the register. |