§ 163-82.14. List maintenance.
§ 163‑82.14. Listmaintenance.
(a) Uniform Program. TheState Board of Elections shall adopt a uniform program that makes a reasonableeffort:
(1) To remove the namesof ineligible voters from the official lists of eligible voters, and
(2) To update theaddresses and other necessary data of persons who remain on the official listsof eligible voters.
That program shall benondiscriminatory and shall comply with the provisions of the Voting Rights Actof 1965, as amended, and with the provisions of the National Voter RegistrationAct. The State Board of Elections, in addition to the methods set forth in thissection, may use other methods toward the ends set forth in subdivisions (1)and (2) of this subsection, including address‑updating services provided bythe Postal Service. Each county board of elections shall conduct systematicefforts to remove names from its list of registered voters in accordance withthis section and with the program adopted by the State Board. The county boardsof elections shall complete their list maintenance mailing program by April 15of every odd‑numbered year, unless the State Board of Elections approvesa different date for the county.
(b) Death. TheDepartment of Health and Human Services shall furnish free of charge to theState Board of Elections every month, in a format prescribed by the State Boardof Elections, the names of deceased persons who were residents of the State.The State Board of Elections shall distribute every month to each county boardof elections the names on that list of deceased persons who were residents ofthat county. The Department of Health and Human Services shall base each listupon information supplied by death certifications it received during thepreceding month. Upon the receipt of those names, each county board ofelections shall remove from its voter registration records any person the listshows to be dead. The county board need not send any notice to the address ofthe person so removed.
(c) Conviction of aFelony.
(1) Report of ConvictionWithin the State. The State Board of Elections, on or before the fifteenthday of every month, shall report to the county board of elections of thatcounty the name, county of residence, and residence address if available, ofeach individual against whom a final judgment of conviction of a felony hasbeen entered in that county in the preceding calendar month.
(2) Report of FederalConviction. The Executive Director of the State Board of Elections, uponreceipt of a notice of conviction sent by a United States Attorney pursuant tosection 8(g) of the National Voter Registration Act, shall notify theappropriate county boards of elections of the conviction.
(3) County Board's DutyUpon Receiving Report of Conviction. When a county board of electionsreceives a notice pursuant to subdivision (1) or (2) of this subsectionrelating to a resident of that county and that person is registered to vote inthat county, the board shall, after giving 30 days' written notice to the voterat his registration address, and if the voter makes no objection, remove theperson's name from its registration records. If the voter notifies the countyboard of elections of his objection to the removal within 30 days of thenotice, the chairman of the board of elections shall enter a challenge underG.S. 163‑85(c)(5), and the notice the county board received pursuant tothis subsection shall be prima facie evidence for the preliminary hearing thatthe registrant was convicted of a felony.
(d) Change of Address. A county board of elections shall conduct a systematic program to remove fromits list of registered voters those who have moved out of the county, and toupdate the registration records of persons who have moved within the county.The county board shall remove a person from its list if the registrant:
(1) Gives confirmationin writing of a change of address for voting purposes out of the county."Confirmation in writing" for purposes of this subdivision shallinclude:
a. A report to thecounty board from the Department of Transportation or from a voter registrationagency listed in G.S. 163‑82.20 that the voter has reported a change ofaddress for voting purposes outside the county;
b. A notice ofcancellation received under G.S. 163‑82.9; or
c. A notice ofcancellation received from an election jurisdiction outside the State.
(2) Fails to respond toa confirmation mailing sent by the county board in accordance with thissubdivision and does not vote or appear to vote in an election beginning on thedate of the notice and ending on the day after the date of the second generalelection for the United States House of Representatives that occurs after thedate of the notice. A county board sends a confirmation notice in accordancewith this subdivision if the notice:
a. Is a postage prepaidand preaddressed return card, sent by forwardable mail, on which the registrantmay state current address;
b. Contains or isaccompanied by a notice to the effect that if the registrant did not changeresidence but remained in the county, the registrant should return the card notlater than the deadline for registration by mail in G.S. 163‑82.6(c)(1);and
c. Contains or isaccompanied by information as to how the registrant may continue to be eligibleto vote if the registrant has moved outside the county.
Acounty board shall send a confirmation mailing in accordance with thissubdivision to every registrant after every congressional election if thecounty board has not confirmed the registrant's address by another means.
(3) Any registrant whois removed from the list of registered voters pursuant to this subsection shallbe reinstated if the voter appears to vote and gives oral or writtenaffirmation that the voter has not moved out of the county but has maintainedresidence continuously within the county. That person shall be allowed to voteas provided in G.S. 163‑82.15(f). (1953, c. 843; 1955, c. 800; 1963, c. 303, s. 1;1965, c. 1116, s. 1; 1967, c. 775, s. 1; 1973, c. 793, ss. 25, 28; c. 1223, s.4; 1975, c. 395; 1977, c. 265, s. 3; 1981, c. 39, s. 1; c. 87, s. 1; c. 308, s.1; 1983, c. 411, ss. 1, 2; 1985, c. 211, ss. 1, 2; 1987, c. 691, s. 1; 1993(Reg. Sess., 1994), c. 762, s. 2; 1997‑443, s. 11A.117; 1999‑453,s. 7(a), (b); 2001‑319, ss. 8(a), 11; 2005‑428, s. 14; 2007‑391,ss. 18, 32; 2008‑187, s. 33(a).)