Ind. Code § 3-7-38.2-17

Current through P.L. 171-2024
Section 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
(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.

IC 3-7-38.2-17

Amended by P.L. 201-2017,SEC. 6, eff. 7/1/2017.
Amended by P.L. 74-2017,SEC. 16, eff. 7/1/2017.
Amended by P.L. 64-2014, SEC. 24, eff. 3/24/2014.
As added by P.L. 3-1997, SEC.104. Amended by P.L. 38-1999, SEC.18.