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 countyvoter registration office shall conduct a general program that makesa reasonable effort to remove the names of ineligible voters from theofficial lists of eligible voters due to a change of residence of thevoter.
As added by P.L.3-1997, SEC.104.
IC 3-7-38.2-2
Requirements for voter list maintenance programs; county voterregistration office voter list maintenance programs
Sec. 2. (a) A voter list maintenance program conducted under thischapter must:
(1) be uniform, nondiscriminatory, and in compliance with theVoting Rights Act of 1965 (42 U.S.C. 1973);
(2) not result in the removal of the name of a person from theofficial list of voters solely due to the person's failure to vote;and
(3) be completed not later than ninety (90) days before aprimary, general, or municipal election.
(b) A county voter registration office may conduct a voter listmaintenance program that complies with subsection (a). Inconducting a voter list maintenance program, the county voterregistration office shall mail a notice described in subsection (d) toeach 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 bethe voter's current residence address.
(c) A county voter registration office may use information onlyfrom the following sources to make the determination undersubsection (b)(2):
(1) The United States Postal Service National Change ofAddress Service.
(2) A court regarding jury duty notices.
(3) The return of a mailing sent by the county voter registrationoffice to all voters in the county.
(4) The bureau of motor vehicles concerning the surrender of avoter's Indiana license for the operation of a motor vehicle toanother jurisdiction.
(d) The notice described in subsection (b) must:
(1) be sent by first class United States mail, postage prepaid, bya 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 theinformation is provided to the county voter registrationoffice; and
(C) permits the voter to provide the voter's current residenceaddress.
(e) If a voter returns the card described in subsection (d)(2) andprovides a current residence address that establishes that the voterresides:
(1) in the county, the county voter registration office shallupdate the voter's registration record; or
(2) outside the county, the county voter registration office shallcancel 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 voterregistration office shall indicate in the voter's registration record thatthe 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 orcancels the voter's registration under subsection (e) after thevoter provides a current residence address.
(2) The day after the second general election in which the voterhas not voted or appeared to vote.
(h) After the date described in subsection (g)(2), the county voterregistration office shall remove the voter's registration from the voterregistration 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 periodbefore election
Sec. 3. As provided under 42 U.S.C. 1973gg-6(c)(2)(B)(i), thischapter does not prevent the removal of a voter's name from the voterregistration record during the final ninety (90) day period before aprimary, general, or municipal election due to any of the followingin accordance with this article:
(1) The written request of the voter.
(2) Disenfranchisement due to criminal conviction andincarceration.
(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), thischapter 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 thischapter, the NVRA official may submit the names of all registeredvoters in Indiana to the United States Postal Service National Changeof Address Service. The submission under this chapter shall becompiled from the county voter registration information submittedto 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 thischapter, the NVRA official shall request that the United States PostalService indicate the voters who no longer reside at the submittedaddress. However, the NVRA official shall also request that a voterwho:
(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 thesubmitted 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 NVRAofficial (or a contractor retained by the election division under thischapter) shall use change of address information supplied by theUnited States Postal Service through the Postal Service's licensee toidentify 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 voterregistration office whose residences may have changed according toinformation 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 servicesvoter or an overseas voter with an address in the county's voterregistration 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 mayhave changed; and
(2) determines that the voter is subject to this section;
the voter registration office may disregard the notification of changeof residence and is not required to act under this chapter concerningthe 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 thecounty voter registration office determines from informationprovided under this chapter that a voter has moved to an addressdifferent from the address where voter is currently registered, thevoter 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 forwardingaddress.
(b) If the information provided under this chapter:
(1) indicates that a voter has moved to an address different fromthe address where the voter is currently registered; and
(2) does not include a forwarding address;
the county voter registration office shall indicate on the registrationrecord that the voter is an inactive voter at that address and shallremove the voter's name from the registration rolls under theprocedures of this chapter if the voter has not voted, appeared tovote, or has failed to correct the voter registration record within theperiod 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 thevoter 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 thecounty voter registration office determines from informationprovided under this chapter that a voter has moved to a differentresidence address that is not located in the same county in which thevoter is currently registered, the voter registration office shall cancelthe 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 determinedunder this chapter that a voter's residence may have changed, theelection division shall send a notice to the voter that sets forthsubstantially 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 changedthe residence but remained in the same county where the voterwas listed on the voter registration record, the voter must returnthe card enclosed with the notice in person to the county voterregistration office not later than twenty-nine (29) days beforethe election or by regular United States mail:
(A) with a postmark not later than twenty-nine (29) daysbefore the election; or
(B) if a postmark is missing or illegible, to the county voterregistration office not later than twenty-one (21) days beforethe election.
(2) If the card is not returned under subdivision (1), the votermust affirm or confirm the voter's address before the voter ispermitted 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 generalelection scheduled to occur after the date of the notice.
(3) If the voter does not vote in an election described insubdivision (2), the voter's name will be removed from thevoter registration list.
(4) If the voter changed residence to a place outside the countyin which the voter is included on the voter registration list,information concerning how the voter can continue to beeligible 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 inaddress or failure to vote or respond to notice
Sec. 14. As required under 42 U.S.C. 1973gg-6(d)(1), a countyvoter registration office shall not remove the name of a voter fromthe voter registration records due to the voter's change of residenceunless the voter:
(1) confirms in writing that the voter has changed residence toa location outside the county in which the voter is currentlyregistered; or
(2) has:
(A) failed to respond to a notice sent under section 13 of thischapter; and (B) not voted (or appeared to vote or to correct theregistration record stating the voter's address) in an electionduring the period:
(i) beginning on the date of the notice; and
(ii) ending on the day after the date of the second generalelection 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) daysafter the second general election following the date on which noticesare mailed to a voter described in section 14(2) of this chapter, thecounty voter registration office shall cancel the registration of a voterwho has not responded to the notice sent under section 13 of thischapter.
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 residencyconfirmation and outreach procedure under this chapter. The NVRAofficial (or a contractor acting on behalf of the NVRA official) maysend a mailing by U.S. mail, postage prepaid, to each voter in Indianawho has not received a mailing under any other provision of thischapter.
As added by P.L.3-1997, SEC.104.
IC 3-7-38.2-17
Residency confirmation and outreach procedure; removal of namefrom registration records
Sec. 17. The mailing sent under section 16 of this chapter mustinquire whether the voter still resides at the residence addressindicated on the person's voter registration. If the postcard isreturned as undeliverable and the voter does not vote in either of thetwo (2) general elections following the mailing of the postcard, thecounty voter registration office shall remove the voter's name fromthe list of registered voters at the expiration of the period endingthirty (30) days after the second general election following the dateon which notices are mailed to a voter under section 16 of thischapter.
As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999,SEC.18.