Current through September 24, 2024
(1)
Program participation shall be cancelled if any of the following occurs:
(a) The Office of the Secretary of State
finds or determines that the participant's application contained one or more
false statements;
(b) The program
participant fails to relocate to a new residential address, or fails to provide
documentary evidence of the new residential address to the Office of the
Secretary of State, within ninety (90) days from the date of application,
unless the Secretary of State determines that the program participant is
currently residing at a shelter, as defined by T.C.A. §
71-6-202, or a
similar facility;
(c) The program
participant obtains a name change, unless the program participant provides the
Office of the Secretary of State with documentation of a legal name change
within ten (10) business days of the name change;
(d) The program participant's certification
has expired and the program participant has not submitted a renewal application
prior to the expiration of the current four (4) year term;
(e) The Office of the Secretary of State
finds or determines that the program participant is unreachable for a period of
twenty (20) business days or more;
(f) The Office of the Secretary of State
finds or determines that circumstances have changed such that the participant
no longer meets the criteria outlined by statute or by Rule 1360-11-01-.02 for
program participation; or
(g) The
program participant submits to the Office of the Secretary of State a request
to withdraw from the program.
(2) A program participant will be found to be
unreachable when the Office of the Secretary of State has determined that any
materials forwarded to the program participant at the designated address have
been returned to the Office of the Secretary of State by the United States
Postal Service, or other mail carrier, as either undeliverable or refused and
the Office of the Secretary of State has been unable to reach the program
participant by phone or electronic mail for a period of at least twenty (20)
business days.
(3) A program
participant may request to withdraw from program participation by submitting a
written and notarized Withdrawal form to the Office of the Secretary of State.
The Withdrawal form must include the following:
(a) The program participant's name,
residential address and participant identification number;
(b) A statement that the participant wishes
to cease being a program participant;
(c) An acknowledgement that the participant's
address(es) will no longer be kept confidential, the Secretary of State will no
longer accept or process mail received on their behalf, and participant's voter
registration will no longer be kept confidential; and,
(d) A statement that the administrator of
election should either treat the participant's voter registration in the same
manner as other voter registration forms, or purge the participant's voter
registration.
(4) Upon
finding that a program participant's participation should be cancelled, either
by means of cancellation or withdrawal, the Office of the Secretary of State
shall mail a notice of cancellation to the program participant at the last
known address by certified mail. This notice shall set out the reason(s) for
cancellation, the program participant's right to appeal the cancellation, and
the procedures for appealing the notice of cancellation before an
administrative law judge.
(a) In the event
that cancellation occurs because the Office of the Secretary of State has found
the program participant to have been unreachable for a period of twenty (20)
business days or more and the notice of cancellation sent to the program
participant by certified mail is returned to the Office of the Secretary of
State as either undeliverable or refused, the program participant shall not
have the right to appeal the cancellation of program participation.
Authority: T.C.A. §§
40-38-601, et
seq; and Public Chapter 577, enacted March 19, 2020.
