1901 - Removal of electors.
CHAPTER 19 PROVISIONS CONTINGENT ON FEDERAL LAW Sec. 1901. Removal of electors. 1902. Procedure for voting following failure to return notification card. 1903. Incorrect records. 1904. Files. 1905. Errors in cancellation. 1906. Termination of chapter. Enactment. Chapter 19 was added January 31, 2002, P.L.18, No.3. Effective Date. Section 7(2) of Act 3 of 2002 provided that Chapter 19 shall take effect upon the publication of the notice under section 1513(a). Section 7(2) of Act 3 is subject to section 1906. Cross References. Chapter 19 is referred to in section 1513 of this title. § 1901. Removal of electors. (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.