CHAPTER 45. REMOVAL FROM REGISTRATION RECORDS DUE TO DEATH
IC 3-7-45
Chapter 45. Removal From Registration Records Due to Death
IC 3-7-45-1
Removal of name
Sec. 1. The name of a voter who dies shall be removed from theregistration records as provided in this chapter.
As added by P.L.12-1995, SEC.55.
IC 3-7-45-2
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-7-45-2.1
Coordination of statewide voter registration list with statedepartment of health to remove names of deceased voters
Sec. 2.1. (a) As required under 42 U.S.C. 15483, the electiondivision shall coordinate the computerized list generated by thestatewide voter registration system under IC 3-7-26.3 with the statedepartment of health to permit a county voter registration office tocancel the registration records of deceased individuals on anexpedited basis.
(b) The state department of health shall report to the electiondivision, by county, the names, ages, and known residence addressesof all persons who:
(1) died within Indiana but outside the county of residence; and
(2) maintained a residence address within the county during thetwo (2) years preceding the date of death.
(c) Each county health officer and municipal health officer shallreport to the state department of health the names, ages, and knownvoting addresses in the county of all persons:
(1) who have died within the jurisdiction of the officer; or
(2) for whom burial permits have been issued by the officer.
The state department of health shall report this information to theelection division.
(d) The state department of health shall report to the electiondivision, by county, the names, ages, and known residence addressesof all persons:
(1) who died outside Indiana;
(2) who maintained a residence address within the countyduring the two (2) years preceding the date of death; and
(3) whose names were supplied to the state department of healthunder an agreement made under section 5 of this chapter.
As added by P.L.209-2003, SEC.77. Amended by P.L.164-2006,SEC.45.
IC 3-7-45-3
Cancellation of registration
Sec. 3. As required by 42 U.S.C. 15483, after receipt of thereports required by section 2.1 of this chapter, each county voter
registration office shall cancel the registration of each deceasedperson listed in the reports.
As added by P.L.12-1995, SEC.55. Amended by P.L.209-2003,SEC.78; P.L.164-2006, SEC.46.
IC 3-7-45-4
Cancellation after receipt of death certificate
Sec. 4. (a) Except as provided in subsection (b), a county voterregistration office shall cancel the registration of a deceased personafter receiving a copy of the deceased person's death certificate on anexpedited basis, as required under 42 U.S.C. 15483. The county voterregistration office shall enter the date and other informationregarding the cancellation into the computerized list underIC 3-7-26.3.
(b) A county voter registration office may require additionalwritten information before canceling the registration of a personunder subsection (a) if the information contained in the deathcertificate is insufficient to identify the person whose registration isto be canceled. If:
(1) additional written information is not given to the countyvoter registration office; or
(2) the additional written information is insufficient to identifythe person whose registration is to be canceled;
the county voter registration office is not required to cancel theperson's registration.
As added by P.L.4-1996, SEC.23. Amended by P.L.209-2003,SEC.79; P.L.164-2006, SEC.47.
IC 3-7-45-5
Acquiring information from other states
Sec. 5. (a) The state department of health shall negotiate withappropriate agencies in each state other than Indiana to acquireinformation regarding the deaths of Indiana residents occurring ineach of the other states. The state department of health may offer toshare with each other state information regarding the deaths of theother state's residents in Indiana.
(b) If an agreement is made with the agency of another state underthis section, the agreement must provide for acquisition ofinformation about the deaths of Indiana residents in the other state sothat the state department of health can forward that information asprovided in section 2.1 of this chapter.
As added by P.L.4-1996, SEC.24. Amended by P.L.209-2003,SEC.80; P.L.164-2006, SEC.48.
IC 3-7-45-6
Repealed
(Repealed by P.L.164-2006, SEC.143.)
IC 3-7-45-6.1
Information regarding deceased voters; cancellation of
registrations
Sec. 6.1. (a) The election division shall obtain informationregarding Indiana residents identified as deceased by the federalSocial Security Administration as required by 42 U.S.C. 15483 andin conformity with IC 3-7-26.3.
(b) The election division shall provide each county voterregistration office with a report identifying the deceased individualswho are shown as residing in the county.
(c) Except as provided in section 7 of this chapter, the countyvoter registration office shall cancel the registration of each deceasedperson listed in the report provided under subsection (b).
As added by P.L.209-2003, SEC.82. Amended by P.L.164-2006,SEC.49.
IC 3-7-45-7
Voter erroneously identified as deceased
Sec. 7. (a) If a county voter registration office determines that:
(1) a voter has been identified as deceased in a list or reportdescribed by this chapter; and
(2) the identification is in error;
the voter registration office may decline to cancel the registration andshall note the apparent error on the voter registration record.
(b) If a county voter registration office determines that aregistration has been previously canceled in error due to a report thatthe voter is deceased, the voter registration office shall reinstate theregistration by:
(1) correcting the registration record before a certified list ofvoters is prepared under IC 3-7-29-1; or
(2) issuing a certificate of error under IC 3-7-48.
As added by P.L.38-1999, SEC.20.
IC 3-7-45-8
Notice of names of deceased voters
Sec. 8. The NVRA official shall notify each county voterregistration office of the names of deceased persons obtained underthis chapter.
As added by P.L.199-2001, SEC.13. Amended by P.L.209-2003,SEC.83.