(a) Removal of elector's registration record.--Commissions
shall institute a program to protect the integrity of the
electoral process and to ensure the maintenance of accurate and
current registration records. The program shall be uniform,
nondiscriminatory and in compliance with the Voting Rights Act
of 1965 (Public Law 89-110, 42 U.S.C. § 1973 et seq.). An
elector's registration shall not be canceled except as follows:
(1) At the request of the elector.
(2) Upon the death of the elector under section 1505
(relating to death of registrant).
(3) Upon confirmation that the elector has moved to a
residence outside the county.
(4) Under a voter removal program as provided for under
subsection (b), and in compliance with the National Voter
Registration Act of 1993 (Public Law 103-31, 42 U.S.C. §
1973gg et seq.).
(b) Voter removal program.--
(1) Each commission shall establish a program to
identify registered electors whose address may have changed
by establishing one of the following programs:
(i) National change of address. The secretary shall
establish by regulation a program whereby information
supplied by the United States Postal Service through its
licensees is used on a periodic basis, but not less than
once every calendar year, to identify registered electors
who may have changed addresses. The information shall
be incorporated in the SURE system and shall be forwarded
to the commissions in a manner determined by the
secretary by regulation.
(A) If it appears from the information provided
through the United States Postal Service that a
registered elector has moved to a different residence
address within the same county as the elector is
currently registered, the commission shall change
the registration records to show the new address and
shall send the elector, to the address recorded on
the elector's registration, a notice of the change
of address by forwardable mail and a postage prepaid,
preaddressed return form by which the elector may
verify or correct the address information.
(B) If it appears from the information provided
through the United States Postal Service that a
registered elector has moved to a different residence
address outside the county, the commission shall use
the notice procedure described in clause (A).
(ii) Confirmation mailing:
(A) A commission may establish a program by
sending a direct, nonforwardable first class "return
if undeliverable - address correction requested"
mailing to all registered electors in the county.
(B) If this program is established, the
commission shall use the notice procedure described
in subparagraph (i)(A) for any registered elector
whose mailing is returned undeliverable.
(2) In conjunction with and not as an alternative to a
program established under paragraph (1), a commission may
use a canvass as follows:
(i) The commission may, by commissioners or by
inspectors of registration, verify the registration in
an election district by visiting the building from which
an elector is registered and other buildings as the
commission deems necessary.
(ii) The commission shall make a record of the name
and address of each registered elector who is found not
to reside at the registered address or who for any other
reason appears to be not qualified to vote in the
registered election district.
(iii) The commission shall leave at the address of
each registered elector referred to in subparagraph (ii)
a notice requiring him to communicate with the commission
on or before a date which the commission shall designate,
and which shall be not less than seven days and not more
than 15 days from the date of the notice and in any case
not later than the 15th day preceding the election next
ensuing, and satisfy the commission of his qualifications
as an elector. The commission shall cause a confirmation
of each such notice to be sent by mail promptly to the
registered elector at the address from which he is
registered. The envelope containing such information is
to be plainly marked that it is not to be forwarded. At
the expiration of the time specified in the notice, the
commission shall cancel the registration of the
registered elector who has not communicated with the
commission and proved his qualifications as a registered
elector.
(iv) To facilitate the canvass under this section,
a commission may, when necessary, appoint special
inspectors of registration in number not exceeding double
the number of election districts being canvassed.
(v) Special inspectors must be registered electors
of the county. They shall be appointed without reference
to residence in election districts or to political
affiliations or beliefs. The commission shall instruct
special inspectors in their duties. Special inspectors
have the powers conferred by this part upon inspectors
of registration.
(3) In conjunction with and not as an alternative to a
program established under paragraph (1), a commission shall
send a notice pursuant to subsection (d) to any registered
elector who has not voted nor appeared to vote during the
period beginning five years before the date of the notice
and ending on the date of the notice and for whom the board
of elections did not during that period in any other way
receive any information that the elector still resides in
the election district.
(4) A commission shall complete, not later than 90 days
before each municipal or general election, at least once per
year the voter removal programs under this section and shall
promptly update information contained in its registration
records. This paragraph shall not be construed to preclude
any of the following:
(i) Cancellation of an elector's registration as
provided for under subsection (a)(1) or (2).
(ii) Correction of registration records in
accordance with this part.
(c) Identification of inactive electors.--A commission shall
mark an "I" on the registration records of each registered
elector who has been mailed a form under subsection (b)(1) or
(3) and has failed to respond, which shall be included with all
other registration records for that polling site and located
at the elector's polling site on the day of the election. The
commission shall promptly update the information contained in
its registration records.
(d) Cancellation of registration.--
(1) A commission shall not cancel the registration of
a registered elector on the ground that the registered
elector has changed residence unless any of the following
apply:
(i) The registered elector confirms in writing that
the elector has changed residence to a location outside
the county in which the elector is registered.
(ii) The registered elector:
(A) has failed to respond to a notice described
in paragraph (2); and
(B) has not voted nor appeared to vote and, if
necessary, corrected the commission's record of the
elector's address in an election during the period
beginning on the date of the notice and ending on
the day after the date of the second general election
for Federal office that occurs after the date of the
notice.
(2) A notice as required in paragraph (1)(ii) is
acceptable if it is a postage prepaid and preaddressed return
card, sent by forwardable mail, on which the registered
elector may state the elector's current address, if it
contains a notice as follows:
(i) The notice must state all of the following:
(A) If the registered elector did not change
residence or changed residence but still resides in
the county, the elector must return the card not
later than 30 days prior to the next election. If
the card is not returned, affirmation or confirmation
of the elector's address may be required before the
elector is permitted to vote in an election during
the period beginning on the date of the notice and
ending on the day after the date of the second
general election for Federal office that occurs after
the date of the notice. If the elector does not vote
in an election during that period, the elector's
registration shall be canceled.
(B) If the registered elector has changed
residence to a place outside the county in which the
elector is registered, information shall be provided
concerning how the elector can register in the new
county of residence.
(ii) The notice must state the date of the notice,
the date of the next election and the date of the second
general election for Federal office occurring after the
date of the notice.
(3) The commission shall correct registration records
in accordance with change of residence information obtained
in conformance with this subsection. The commission shall
also promptly update its registration records.
Cross References. Section 1901 is referred to in sections
1106, 1222, 1323 of this title.§ § 1901Removal of electors
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.