CHAPTER 38.2. VOTER LIST MAINTENANCE PROGRAMS
IC 3-7-38.2
Chapter 38.2. Voter List Maintenance Programs
IC 3-7-38.2-1
Removal of ineligible voters from lists
Sec. 1. As required under 42 U.S.C. 1973gg-6(a)(4), each county
voter registration office shall conduct a general program that makes
a reasonable effort to remove the names of ineligible voters from the
official lists of eligible voters due to a change of residence of the
voter.
As added by P.L.3-1997, SEC.104.
IC 3-7-38.2-2
Requirements for voter list maintenance programs; county voter
registration office voter list maintenance programs
Sec. 2. (a) A voter list maintenance program conducted under this
chapter must:
(1) be uniform, nondiscriminatory, and in compliance with the
Voting Rights Act of 1965 (42 U.S.C. 1973);
(2) not result in the removal of the name of a person from the
official list of voters solely due to the person's failure to vote;
and
(3) be completed not later than ninety (90) days before a
primary, general, or municipal election.
(b) A county voter registration office may conduct a voter list
maintenance program that complies with subsection (a). In
conducting a voter list maintenance program, the county voter
registration office shall mail a notice described in subsection (d) to
each registered voter at the residence address:
(1) listed in the voter's registration record; and
(2) determined by the county voter registration office not to be
the voter's current residence address.
(c) A county voter registration office may use information only
from the following sources to make the determination under
subsection (b)(2):
(1) The United States Postal Service National Change of
Address Service.
(2) A court regarding jury duty notices.
(3) The return of a mailing sent by the county voter registration
office to all voters in the county.
(4) The bureau of motor vehicles concerning the surrender of a
voter's Indiana license for the operation of a motor vehicle to
another jurisdiction.
(d) The notice described in subsection (b) must:
(1) be sent by first class United States mail, postage prepaid, by
a method that requires the notice to be forwarded to the voter;
and
(2) include a postage prepaid return card that:
(A) is addressed to the county voter registration office;
(B) states a date by which the card must be returned or the
voter's registration will become inactive until the
information is provided to the county voter registration
office; and
(C) permits the voter to provide the voter's current residence
address.
(e) If a voter returns the card described in subsection (d)(2) and
provides a current residence address that establishes that the voter
resides:
(1) in the county, the county voter registration office shall
update the voter's registration record; or
(2) outside the county, the county voter registration office shall
cancel the voter's registration.
(f) If a voter does not return the card described in subsection
(d)(2) by the date specified in subsection (d)(2)(B), the county voter
registration office shall indicate in the voter's registration record that
the voter's registration is inactive.
(g) A voter's registration that becomes inactive under subsection
(f) remains in inactive status from the date described in subsection
(d)(2)(B) until the earlier of the following:
(1) The date the county voter registration office updates or
cancels the voter's registration under subsection (e) after the
voter provides a current residence address.
(2) The day after the second general election in which the voter
has not voted or appeared to vote.
(h) After the date described in subsection (g)(2), the county voter
registration office shall remove the voter's registration from the voter
registration records.
As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003,
SEC.63; P.L.14-2004, SEC.49; P.L.164-2006, SEC.33; P.L.1-2007,
SEC.1.
IC 3-7-38.2-3
Removal of name from registration record during 90 day period
before election
Sec. 3. As provided under 42 U.S.C. 1973gg-6(c)(2)(B)(i), this
chapter does not prevent the removal of a voter's name from the voter
registration record during the final ninety (90) day period before a
primary, general, or municipal election due to any of the following
in accordance with this article:
(1) The written request of the voter.
(2) Disenfranchisement due to criminal conviction and
incarceration.
(3) The death of the voter.
As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003,
SEC.64; P.L.164-2006, SEC.34.
IC 3-7-38.2-4
Correction of registration records
Sec. 4. As provided under 42 U.S.C. 1973gg-6(c)(2)(B)(ii), this
chapter does not prevent the correction of voter registration records
under this article.
As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003,
SEC.65; P.L.164-2006, SEC.35.
IC 3-7-38.2-5
Submission of names to change of address service
Sec. 5. To assist in performing voter list maintenance under this
chapter, the NVRA official may submit the names of all registered
voters in Indiana to the United States Postal Service National Change
of Address Service. The submission under this chapter shall be
compiled from the county voter registration information submitted
to the election division under IC 3-7-26.3.
As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003,
SEC.66; P.L.164-2006, SEC.36.
IC 3-7-38.2-6
Voters who no longer reside at submitted address
Sec. 6. If the names of voters are submitted under section 5 of this
chapter, the NVRA official shall request that the United States Postal
Service indicate the voters who no longer reside at the submitted
address. However, the NVRA official shall also request that a voter
who:
(1) has a temporary forwarding order in effect;
(2) is an absent uniformed services voter; or
(3) is an overseas voter;
not be included in the list of voters who no longer reside at the
submitted address.
As added by P.L.3-1997, SEC.104.
IC 3-7-38.2-7
Use of postal service's change of address information
Sec. 7. As permitted under 42 U.S.C. 1973gg-6(c)(1), the NVRA
official (or a contractor retained by the election division under this
chapter) shall use change of address information supplied by the
United States Postal Service through the Postal Service's licensee to
identify a voter whose residence may have changed.
As added by P.L.3-1997, SEC.104.
IC 3-7-38.2-8
Notice to county voter registration offices of changes in residence
Sec. 8. The NVRA official shall notify each county voter
registration office whose residences may have changed according to
information supplied under this chapter.
As added by P.L.3-1997, SEC.104.
IC 3-7-38.2-9
Registration records for overseas or uniformed services voters
Sec. 9. (a) This section applies to an absent uniformed services
voter or an overseas voter with an address in the county's voter
registration record that does not include an "APO" designation.
(b) If a county voter registration office:
(1) is advised under this chapter that the voter's residence may
have changed; and
(2) determines that the voter is subject to this section;
the voter registration office may disregard the notification of change
of residence and is not required to act under this chapter concerning
the voter's registration.
As added by P.L.3-1997, SEC.104.
IC 3-7-38.2-10
Change in registration record
Sec. 10. (a) As provided in 42 U.S.C. 1973gg-6(c)(1)(B)(i), if the
county voter registration office determines from information
provided under this chapter that a voter has moved to an address
different from the address where voter is currently registered, the
voter registration office shall:
(1) change the registration record to show the new address; and
(2) send the voter a notice of the change;
if the information provided under this chapter includes a forwarding
address.
(b) If the information provided under this chapter:
(1) indicates that a voter has moved to an address different from
the address where the voter is currently registered; and
(2) does not include a forwarding address;
the county voter registration office shall indicate on the registration
record that the voter is an inactive voter at that address and shall
remove the voter's name from the registration rolls under the
procedures of this chapter if the voter has not voted, appeared to
vote, or has failed to correct the voter registration record within the
period described in section 14(2)(B) of this chapter.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999,
SEC.15.
IC 3-7-38.2-11
Notice to county voter registration offices of change in residence;
requirements
Sec. 11. The notice under section 8 of this chapter must be:
(1) a postage prepaid pre-addressed return form that permits the
voter to verify or correct the address information; and
(2) sent by forwardable mail.
As added by P.L.3-1997, SEC.104.
IC 3-7-38.2-12
Change of address to residence outside county
Sec. 12. As provided in 42 U.S.C. 1973gg-(6)(c)(1)(B)(ii), if the
county voter registration office determines from information
provided under this chapter that a voter has moved to a different
residence address that is not located in the same county in which the
voter is currently registered, the voter registration office shall cancel
the voter's registration if the change of address to a residence outside
the county is confirmed.
As added by P.L.3-1997, SEC.104.
IC 3-7-38.2-13
Notice to voter after change in residence
Sec. 13. After the county voter registration office has determined
under this chapter that a voter's residence may have changed, the
election division shall send a notice to the voter that sets forth
substantially the following statements as provided in 42 U.S.C.
1973gg-6(d)(2):
(1) If the voter did not change the voter's residence or changed
the residence but remained in the same county where the voter
was listed on the voter registration record, the voter must return
the card enclosed with the notice in person to the county voter
registration office not later than twenty-nine (29) days before
the election or by regular United States mail:
(A) with a postmark not later than twenty-nine (29) days
before the election; or
(B) if a postmark is missing or illegible, to the county voter
registration office not later than twenty-one (21) days before
the election.
(2) If the card is not returned under subdivision (1), the voter
must affirm or confirm the voter's address before the voter is
permitted to vote in an election during the period:
(A) beginning on the date of the notice; and
(B) ending on the day after the date of the second general
election scheduled to occur after the date of the notice.
(3) If the voter does not vote in an election described in
subdivision (2), the voter's name will be removed from the
voter registration list.
(4) If the voter changed residence to a place outside the county
in which the voter is included on the voter registration list,
information concerning how the voter can continue to be
eligible to vote in the county where the voter currently resides.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999,
SEC.16; P.L.14-2004, SEC.50.
IC 3-7-38.2-14
Removal of name from registration records due to change in
address or failure to vote or respond to notice
Sec. 14. As required under 42 U.S.C. 1973gg-6(d)(1), a county
voter registration office shall not remove the name of a voter from
the voter registration records due to the voter's change of residence
unless the voter:
(1) confirms in writing that the voter has changed residence to
a location outside the county in which the voter is currently
registered; or
(2) has:
(A) failed to respond to a notice sent under section 13 of this
chapter; and
(B) not voted (or appeared to vote or to correct the
registration record stating the voter's address) in an election
during the period:
(i) beginning on the date of the notice; and
(ii) ending on the day after the date of the second general
election that occurs after the date of the notice.
As added by P.L.3-1997, SEC.104.
IC 3-7-38.2-15
Cancellation of registration
Sec. 15. At the expiration of the period ending thirty (30) days
after the second general election following the date on which notices
are mailed to a voter described in section 14(2) of this chapter, the
county voter registration office shall cancel the registration of a voter
who has not responded to the notice sent under section 13 of this
chapter.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999,
SEC.17.
IC 3-7-38.2-16
Residency confirmation and outreach procedure
Sec. 16. The NVRA official may also conduct an annual residency
confirmation and outreach procedure under this chapter. The NVRA
official (or a contractor acting on behalf of the NVRA official) may
send a mailing by U.S. mail, postage prepaid, to each voter in Indiana
who has not received a mailing under any other provision of this
chapter.
As added by P.L.3-1997, SEC.104.
IC 3-7-38.2-17
Residency confirmation and outreach procedure; removal of name
from registration records
Sec. 17. The mailing sent under section 16 of this chapter must
inquire whether the voter still resides at the residence address
indicated on the person's voter registration. If the postcard is
returned as undeliverable and the voter does not vote in either of the
two (2) general elections following the mailing of the postcard, the
county voter registration office shall remove the voter's name from
the list of registered voters at the expiration of the period ending
thirty (30) days after the second general election following the date
on which notices are mailed to a voter under section 16 of this
chapter.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999,
SEC.18.