Current through February, 2024
(a) The clerk
shall, in accordance with Section 8(a)(4) of the National Voter Registration
Act of 1993, as amended, conduct a general program that makes a reasonable
effort to remove the names of ineligible voters by reason of death or change in
residence, in accordance with Section 8 (b), (c), and (d), from the lists of
eligible voters.
(b) The clerk may
meet the requirements of subsection (a) of this rule by establishing a program
under, which
(1) Change-of-address
information supplied by the U.S. Postal Service through its licensees is used
to identify registrants whose addresses may have changed; and
(2) If it appears from information provided
by the U.S. Postal Service that-
(A) A
registrant, has moved to a different, residence address in the same county in
which the registrant is currently registered, the clerk changes the
registration record to show the new address and sends the registrant a notice
of the change by forwardable mail. and a postage prepaid preaddressed return
form by which the registrant may verify or correct the address information;
or
(B) The registrant has moved to
a different residence address not. in the same county, the clerk, uses the
notice procedure described in Section 8(d)(2) of the National Voter
Registration Act of 1993, as amended, to confirm the change of
address.
(c)
The clerk's use of change-of-address information supplied by the U.S. Postal
Service through its licensees to identify registrants whose addresses may have
changed, as described in subsection (b), to meet the requirements of subsection
(a), does not preclude the clerk from using a different program to meet the
requirements of subsection (a). The clerk may use other bases to justify using
the notice procedure described in Section 8(d)(2) of the National Voter
Registration Act of 1993, as amended, to remove registrants due to a change in
residence including, but not limited to, the following:
(1) Sending a notice to every registered
voter at specified intervals (e.g. once a year or before an
election);
(2) Sending a notice to
those who have turned in their driver licenses;
(3) Sending a notice to those who have not
voted or engaged in any voter activity for a period of two years. "Voter
activity" means casting a ballot in any election, filing a voter registration
form, making a written request for an absentee ballot, updating a voting
address, or otherwise initiating contact with election officials that results
in a notation in the voter's registration record; or
(4) Sending a notice to those that a
government agency has informed election officials have moved out of the
county.
(d) The clerk
shall not remove the name of a registrant from the voter registration rolls on
the ground that the registrant has changed residence unless the registrant-
(1) Confirms in writing that the registrant
has changed residence to a place outside the county in which the registrant is
registered; or
(2) Has failed to
respond to a notice described in subsection (i) of this rule and has not voted
or appeared to vote (and, if necessary, correct the clerk's record of the
registrant'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.
(e) A "confirmation notice" is a
postage prepaid and pre-addressed return card, sent by forwardable mail, on
which the registrant may state his or her current address, together with a
notice to the following effect:
(1) If the
registrant did not change his or her residence, or changed residence but
remained in the county, the registrant should return the card not later than
the time provided for mail registration under Section 8(a)(1)(B) of the
National Voter Registration Act of 1993, as amended. If the card is not
returned, affirmation or confirmation of the registrant's address may be
required before the registrant 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, and if the registrant, does not vote in an election during
that period the registrant's name will be removed from the list of eligible
voters; and
(2) If the registrant
has changed residence to a place outside the county in which the registrant is
registered, information concerning how the registrant can continue to be
eligible to vote.
