16-166

16-166. Verification of registration

(Caution: 1998 Prop. 105 applies)

A. Except for the mailing of sample ballots, a county recorder who mails an item to
any elector shall send the mailing by nonforwardable first class mail marked with the
statement required by the postmaster to receive an address correction notification. If
the item is returned undelivered, the county recorder shall send a follow-up notice to
that elector within three weeks of receipt of the returned notice. The county recorder
shall send the follow-up notice to the address that appears in the general county
register or to the forwarding address provided by the United States postal service. The
follow-up notice shall include a registration form and the information prescribed by
section 16-131, subsection C and shall state that if the elector does not complete and
return a new registration form with current information to the county recorder within
thirty-five days, the elector's registration status shall be changed from active to
inactive.

B. If the elector provides the county recorder with a new registration form, the
county recorder shall change the general register to reflect the changes indicated on the
new registration. If the elector indicates a new residence address outside that county,
the county recorder shall forward the voter registration form to the county recorder of
the county in which the elector's address is located. If the elector provides a new
residence address that is located outside this state, the county recorder shall cancel
the elector's registration.

C. The county recorder shall maintain on the inactive voter list the names of
electors who have been removed from the general register pursuant to subsection A or E of
this section for a period of four years or through the date of the second general
election for federal office following the date of the notice from the county recorder
that is sent pursuant to subsection E of this section.

D. On notice that a government agency has changed the name of any street, route
number, post office box number or other address designation, the county recorder shall
revise the registration records and shall send a new verification of registration notice
to the electors whose records were changed.

E. The county recorder on or before May 1 of each year preceding a state primary
and general election or more frequently as the recorder deems necessary may use the
change of address information supplied by the postal service through its licensees to
identify registrants whose addresses may have changed. If it appears from information
provided by the postal service that a registrant has moved to a different residence
address in the same county, the county recorder shall change the registration records to
reflect the new address and shall send the registrant a notice of the change by
forwardable mail and a postage prepaid preaddressed return form by which the registrant
may verify or correct the registration information. If the registrant fails to return the
form postmarked not later than thirty-five days after the mailing of the notice, the
elector's registration status shall be changed from active to inactive. If the notice
sent by the recorder is not returned, the registrant may be required to provide
affirmation or confirmation of the registrant's address in order to vote. If the
registrant does not vote in an election during the period after the date of the notice
from the recorder through the date of the second general election for federal office
following the date of that notice, the registrant's name shall be removed from the list
of inactive voters. If the registrant has changed residence to a new county, the county
recorder shall provide information on how the registrant can continue to be eligible to
vote.

F. The county recorder shall reject any application for registration that is not
accompanied by satisfactory evidence of United States citizenship. Satisfactory evidence
of citizenship shall include any of the following:

1. The number of the applicant's driver license or nonoperating identification
license issued after October 1, 1996 by the department of transportation or the
equivalent governmental agency of another state within the United States if the agency
indicates on the applicant's driver license or nonoperating identification license that
the person has provided satisfactory proof of United States citizenship.

2. A legible photocopy of the applicant's birth certificate that verifies
citizenship to the satisfaction of the county recorder.

3. A legible photocopy of pertinent pages of the applicant's United States passport
identifying the applicant and the applicant's passport number or presentation to the
county recorder of the applicant's United States passport.

4. A presentation to the county recorder of the applicant's United States
naturalization documents or the number of the certificate of naturalization. If only the
number of the certificate of naturalization is provided, the applicant shall not be
included in the registration rolls until the number of the certificate of naturalization
is verified with the United States immigration and naturalization service by the county
recorder.

5. Other documents or methods of proof that are established pursuant to the
immigration reform and control act of 1986.

6. The applicant's bureau of Indian affairs card number, tribal treaty card number
or tribal enrollment number.

G. Notwithstanding subsection F of this section, any person who is registered in
this state on the effective date of this amendment to this section is deemed to have
provided satisfactory evidence of citizenship and shall not be required to resubmit
evidence of citizenship unless the person is changing voter registration from one county
to another.

H. For the purposes of this section, proof of voter registration from another state
or county is not satisfactory evidence of citizenship.

I. A person who modifies voter registration records with a new residence ballot
shall not be required to submit evidence of citizenship. After citizenship has been
demonstrated to the county recorder, the person is not required to resubmit satisfactory
evidence of citizenship in that county.

J. After a person has submitted satisfactory evidence of citizenship, the county
recorder shall indicate this information in the person's permanent voter file. After two
years the county recorder may destroy all documents that were submitted as evidence of
citizenship.