This text of Indiana § 3-7-38.2-2 (Requirements for voter list maintenance programs; county voter
registration office voter list maintenance programs; inactive voters,
criteria for determining; removal of voter registration record) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Except as provided in subsection (b) or (c),
a voter list maintenance program conducted under this chapter must:
(1)be uniform, nondiscriminatory, and in compliance with the
Voting Rights Act of 1965 (52 U.S.C. 10101); (2)not result in the removal of the name of a person from the
official list of voters solely due to the person's failure to vote; and
(3)be completed not later than ninety (90) days before a primary
or general election.
(b)A voter list maintenance program conducted under this chapter
in a year other than a year in which a general election is conducted
must:
(1)comply with the requirements set forth in subsection (a)(1)
and (a)(2); and
(2)be completed not later than twenty-nine (29) days before a
municipal election or special election (other than for a federal
offic
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(a) Except as provided in subsection (b) or (c),
a voter list maintenance program conducted under this chapter must:
(1) be uniform, nondiscriminatory, and in compliance with the
Voting Rights Act of 1965 (52 U.S.C. 10101);
(2) not result in the removal of the name of a person from the
official list of voters solely due to the person's failure to vote; and
(3) be completed not later than ninety (90) days before a primary
or general election.
(b) A voter list maintenance program conducted under this chapter
in a year other than a year in which a general election is conducted
must:
(1) comply with the requirements set forth in subsection (a)(1)
and (a)(2); and
(2) be completed not later than twenty-nine (29) days before a
municipal election or special election (other than for a federal
office) is conducted.
(c) If a special election is required for a vacancy in a federal office
in a year in which a general election is not conducted, the voter list
maintenance program conducted under this chapter must:
(1) comply with the requirements of subsection (a)(1) and (a)(2);
and
(2) be completed not later than ninety (90) days before the date
that the special election is conducted.
A voter list maintenance program may also be conducted under this
section in a calendar year following the date of the special election if
the program is completed no later than the deadline set forth in
subsection (a).
(d) A county voter registration office shall conduct a voter list
maintenance program that complies with subsection (a) within
forty-eight (48) hours of receiving information that requires voter list
maintenance activity. In conducting a voter list maintenance program,
the county voter registration office shall mail a notice described in
subsection (f) to each voter whose registration has not previously been
canceled or designated as inactive under this chapter at the mailing
address:
(1) listed in the voter's registration record; and
(2) determined by the county voter registration office not to be the
voter's current residence address.
(e) A county voter registration office may use information only from
the following sources to make the determination under subsection
(d)(2):
(1) The United States Postal Service National Change of Address
Service.
(2) A court regarding jury duty notices returned because of an
unknown or insufficient address.
(3) The return of a mailing sent by the county voter registration
office to all active voters (as defined in IC 3-11-18.1-2) in the
county because of an unknown or insufficient address.
(4) The bureau of motor vehicles concerning the surrender of a
voter's Indiana license for the operation of a motor vehicle to
another jurisdiction.
(5) The return by the United States Postal Service after the
expiration of the seven (7) day pending period of a notice
regarding the disposition of a voter registration application under
IC 3-7-33-5 because of an unknown or insufficient address.
(6) The return of a mailing sent to voters of a precinct advising
voters of a change of precinct boundary or the precinct polling
place because of an unknown or insufficient address, if the county
sends a similar mailing to the voters of each precinct when a
boundary or polling place is changed.
(7) Information received from the election division under section
5 of this chapter or section 16 of this chapter.
(8) A declination to register by the voter stating that the voter
resides at an address different from the address on the voter's
registration record.
(9) Information received from the election division as a result of
a comparison between:
(A) a voter registration address; and
(B) commercially available data, such as data from a credit
agency.
(10) Information received from the secretary of state under
section 19(d)(2) of this chapter.
(11) Information received by the county voter registration office
indicating that a voter has moved to another state.
(12) The return of an absentee ballot sent by the county election
board to a voter because of an unknown or insufficient address.
(f) The notice described in subsections (d) and (l) must:
(1) be sent by first class United States mail, postage prepaid, by
a 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 (which must be at least thirty (30) days after
the date the notice is 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.
(g) If a voter returns the card described in subsection (f)(2) and
provides a current residence address that establishes that the voter
resides:
(1) in the 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.
(h) If a card is returned as undeliverable due to an unknown or
insufficient address by the United States Postal Service after the date
specified in subsection (f)(2)(B), 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, then designate the voter as inactive.
(i) If a voter does not return the card described in subsection (f)(2)
by the date specified in subsection (f)(2)(B), the county voter
registration office shall indicate in the voter's registration record that
the voter's registration is inactive.
(j) A voter's registration that becomes inactive under subsection (h)
or (i) remains in inactive status from the date described in subsection
(f)(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 (g) 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.
(k) After the date described in subsection (j)(2), the county voter
registration office shall remove the voter's registration from the voter
registration records.
(l) A county voter registration office shall conduct a voter list
maintenance program under this section for each voter who has not cast
a vote in the two (2) most recent general elections. The county voter
registration office shall mail a notice described in subsection (f) to the
mailing address listed in the voter's registration record.