CHAPTER 46. REMOVAL FROM REGISTRATION RECORDS DUE TO CRIMINAL CONVICTION AND INCARCERATION
IC 3-7-46
Chapter 46. Removal From Registration Records Due to Criminal
Conviction and Incarceration
IC 3-7-46-1
Removal of disfranchised voters
Sec. 1. As permitted under 42 U.S.C. 1973gg-6(a)(3)(B) and in
the manner required under 42 U.S.C. 15483, a county voter
registration office shall remove from the official list of registered
voters the name of a voter who is disfranchised under this chapter
due to a criminal conviction.
As added by P.L.12-1995, SEC.56. Amended by P.L.209-2003,
SEC.84.
IC 3-7-46-2
Imprisoned voter disfranchised
Sec. 2. A person imprisoned following conviction of a crime is
disfranchised during the person's imprisonment.
As added by P.L.12-1995, SEC.56.
IC 3-7-46-3
Removal of name if disfranchisement due to felony conviction
Sec. 3. (a) This section applies to a person convicted of a felony
in a district court of the United States.
(b) As required by 42 U.S.C. 1973gg-6(g)(5), the NVRA official
shall notify the county voter registration office of the county in
Indiana in which the person resides of the information provided by
the United States attorney under 42 U.S.C. 1973gg-6(g)(2), 42
U.S.C. 1973gg-6(g)(3), and 42 U.S.C. 1973gg-6(g)(4).
(c) If the information provided under subsection (b) indicates that
the person is disfranchised under section 2 of this chapter, the county
voter registration office shall remove the name of the person from the
voter registration records on an expedited basis as required by 42
U.S.C. 15483.
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.77;
P.L.209-2003, SEC.85.
IC 3-7-46-4
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-7-46-4.1
Coordination of statewide voter registration list with department
of correction
Sec. 4.1. (a) As required under 42 U.S.C. 15483, the election
division shall coordinate the computerized list generated by the
statewide voter registration system under IC 3-7-26.3 with the
department of correction to permit a county voter registration office
to cancel the registration records of disfranchised individuals on an
expedited basis.
(b) The department of correction shall provide the NVRA official
with a list identifying each person who:
(1) is a resident of Indiana;
(2) has been convicted of a crime; and
(3) has been placed in a department of correction facility during
the previous month.
(c) The department of correction shall provide the information
required by this section electronically in a format prescribed by the
election division.
As added by P.L.209-2003, SEC.87. Amended by P.L.164-2006,
SEC.50.
IC 3-7-46-5
Notice by NVRA official
Sec. 5. The NVRA official shall notify the county voter
registration office of each county where a person on the report
resides for processing under section 8 of this chapter.
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.79;
P.L.209-2003, SEC.88.
IC 3-7-46-6
County sheriff to provide list of residents
Sec. 6. (a) Not later than:
(1) January 31;
(2) April 30;
(3) July 31; and
(4) October 31;
of each year, a county sheriff shall provide the county voter
registration office with a report containing the information set forth
in subsection (b) for processing under section 8 of this chapter.
(b) The list required by subsection (a) must identify each person
who:
(1) is a resident of Indiana;
(2) has been convicted of a crime; and
(3) has been placed in a county correctional facility during the
previous quarter.
As added by P.L.12-1995, SEC.56. Amended by P.L.8-1995, SEC.35;
P.L.66-2003, SEC.9; P.L.209-2003, SEC.89.
IC 3-7-46-7
Notice by county voter registration office
Sec. 7. The county voter registration office shall notify the county
voter registration office of each county where a person on the list
resides that a voter registered in that county has been listed on the
report described in section 6 of this chapter.
As added by P.L.12-1995, SEC.56. Amended by P.L.209-2003,
SEC.90.
IC 3-7-46-7.5
Cancellation of registration of disfranchised person
Sec. 7.5. If the information provided under section 5 or 6 of this
chapter indicates that the person is disfranchised under section 2 of
this chapter, the county voter registration office shall:
(1) remove the name of the person from the voter registration
records; and
(2) enter the date and other information regarding the
cancellation into the computerized list under IC 3-7-26.3;
on an expedited basis, as required under 42 U.S.C. 15483.
As added by P.L.209-2003, SEC.91. Amended by P.L.164-2006,
SEC.51.
IC 3-7-46-8
Notice to disfranchised persons
Sec. 8. Each county voter registration office shall prepare a notice
to be mailed to the names and last known addresses of all persons
within the county who have been disfranchised.
As added by P.L.12-1995, SEC.56. Amended by P.L.3-1997,
SEC.108; P.L.209-2003, SEC.92; P.L.164-2006, SEC.52.
IC 3-7-46-9
Notice to disfranchised person; procedure
Sec. 9. After preparation of the notice under section 8 of this
chapter, the county voter registration office shall mail the notice to
the alleged disfranchised person not later than the day following the
day that the voter's registration has been canceled under this chapter.
The notice must be mailed to each alleged disfranchised person at the
person's last known address using a form prescribed by the
commission under this article.
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.80;
P.L.209-2003, SEC.93; P.L.164-2006, SEC.53.