§ 3-7-38.2-17 — Residency confirmation and outreach procedure; second mailing; inactive voters, criteria for determining; removal of voter registration record from registration records

Indiana § 3-7-38.2-17

• Jurisdiction: Indiana
• Art. 7: VOTER REGISTRATION
• Ch. 38.2: Voter List Maintenance Programs

Text

(a) If the mailing to a voter sent under
section 16.1 of this chapter is returned by the United States Postal
Service because of an unknown or insufficient address, the NVRA
official shall mail a second notice to the voter. The notice must meet
the following requirements:
(1) Be sent by first class, United States mail, postage prepaid, by
a method that requires the notice to be forwarded to the voter.
(2) Include a postage prepaid return card that:
(A) is addressed to the NVRA official;
(B) states a date (which must be at least thirty (30) days after
the date the notice was mailed) by which the card must be
returned or the voter's registration will become inactive until
the information is provided to the county voter registration
office; and
(C) permits the voter to provide the voter's current residence
address.
(b) If a voter returns the card described in subsection (a)(2) and
provides a current residence address that establishes that the voter
resides:
(1) in the same county, the county voter registration office shall
update the voter's registration record; or
(2) outside the county, the county voter registration office shall
cancel the voter's registration.
(c) If a voter returns the card described in subsection (a)(2) with a
request that the voter's registration record at an address be canceled, the
county voter registration office shall proceed to cancel the registration
under section 3 of this chapter.
(d) If a card is returned not later than the date specified in
subsection (a)(2)(B) as undeliverable because of an unknown or
insufficient address, the county voter registration office shall designate
the voter as inactive.
(e) If a card is returned by the United States Postal Service after the
date specified in subsection (a)(2)(B) as undeliverable because of an
unknown or insufficient address, the county voter registration office
shall, when registration reopens after the next primary, general, or
municipal election, determine whether the voter voted or appeared to
vote from the address set forth in the registration record at any election
occurring after the final day for completing voter list maintenance
activities, and if not, designate the voter as inactive.
(f) If a voter does not return the card described in subsection (a)(2)
by the date specified in subsection (a)(2)(B), the county voter
registration office shall indicate in the voter's registration record that
the voter's registration is inactive.
(g) A voter's registration that becomes inactive under subsections
(d) through (f) remains in inactive status from the date described in
subsection (a)(2)(B) until the earlier of the following:
(1) The date the county voter registration office updates or
cancels the voter's registration under subsection (b) after the voter
provides a current residence address.
(2) The day after the second general election in which the voter
has not voted or appeared to vote.
(h) After the day described in subsection (g)(2), the county voter
registration office shall remove the voter's registration from the voter
registration records not later than thirty (30) days after the second
general election following the date on which notices are mailed to a
voter under section 16.1 of this chapter.

Legislative History

As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.18; P.L.64-2014, SEC.24; P.L.74-2017, SEC.16; P.L.201-2017, SEC.6.