Senate Bill No. 520
(By Senators Wooton, Wagner, Holliday, Grubb, Dittmar,
Macnaughtan and Claypole)
__________
[Originating in the Committee on the Judiciary;
reported February 25, 1994.]
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A BILL to amend and reenact article two, chapter three of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, relating to the registration of voters;
providing for a permanent and uniform system of
registration; setting forth eligibility requirements;
authorizing the secretary of state to supervise voter
registration procedures, practices and the maintenance of
records, to coordinate the state implementation of the
"National Voter Registration Act of 1993" and to promulgate
rules applicable thereto; designating the clerk of the
county commission as the chief registration authority of the
respective counties; setting forth certain duties and
authority of county commission; requiring secretary of state
to prescribe forms for registration and providing contents
thereof; establishing a statewide bidding procedure for mail
registration forms; setting forth the time limits for
registration prior to election; providing for registration
at the office of the clerk of the county commission;
authorizing the establishment of registration outreach
services; providing for the appointment of temporary and
volunteer registrars to perform such services; prescribing
procedures for registration by mail; prescribing procedures
for registration in conjunction with motor vehicle driver
licensing services; providing for the combined voter
registration and driving licensing fund and authorized uses
thereof; designating certain agencies to provide voter
registration services; requiring such agencies to appoint
supervisors to administer registration programs; requiring
secretary of state to prescribe appropriate form for agency
registration; prohibiting certain activities; requiring
confidentiality; prescribing procedures for registration at
agencies; prescribing procedures for registration at
marriage license offices; setting forth duties of clerk upon
receipt of registration application; establishing
verification procedure and notice of disposition; mandating
the denial of certain applications and prescribing an appeal
procedure upon such denial; providing for the establishment
and maintenance of certain registration records and files by
the clerk of the county commission; providing for
maintenance of active and inactive files in precinct record
books and county alphabetical registration files; when
municipal precinct books may be maintained; requiring
municipalities to file boundary information with clerks;
establishing a state uniform voter data system for theelectronic storage of registration records; establishing
procedures for the entry and transfer of voter information
into the data system; authorizing the correction of voter
records and establishing procedures therefor; requiring
clerks to cancel the registrations of deceased and
ineligible voters; providing a systematic purging program
for removal of ineligible voters from active files in manual
and electronic data systems; when confirmation notices to be
mailed; setting forth procedures to be followed by clerk
after mailing of confirmation notices; providing for the
challenge of a registration; when clerk to cancel
registration or remove challenge; providing for the custody
of registration records and voter registration data files;
when records may be destroyed; requiring records be made
available for public inspection; providing for the purchase
of voter lists for noncommercial use; requiring the
confidentiality of certain information; establishing
procedure for voting after registration or change of address
within the county; providing for the unlawful registration
or rejection of a voter and for the unlawful registration or
application by any person; setting forth criminal penalties;
criminalizing willful neglect of duty by registration
officers and providing a criminal penalty therefor; making
it a crime to wrongfully alter or destroy records, to
withhold information, to provide certain false information
or to allow unlawful registration and providing criminal
penalties therefor; and establishing effective dates.
Be it enacted by the Legislature of West Virginia:
That article two, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-1. Permanent voter registration law; uniform system of
voter registration.
(a) This article, providing a permanent and uniform system
for the registration of the voters of the state of West Virginia,
may be cited as the "Permanent Voter Registration Law".
(b) A permanent voter registration system is hereby
established which shall be uniform in its requirements throughout
the state and all of its subdivisions. No voter so registered
shall be required to register again for any election while
continuing to reside within the same county, unless the voter's
registration is canceled as provided in this article.
(c) A person who is not eligible or not duly registered to
vote shall not be permitted to vote at any election in any
subdivision of the state, except that such a voter may cast a
"provisional" or "challenged" ballot as provided in this chapter
if the voter's eligibility or registration is in question, and
such "provisional" or "challenged" ballot may be counted only if
a positive determination of the voter's eligibility and proper
registration can be ascertained.
§3-2-2. Eligibility to register to vote.
(a) Any person who possesses the constitutional
qualifications for voting may register to vote. Such a personshall be a citizen of the United States and a legal resident of
West Virginia and of the county where he or she is applying to
register, shall be at least eighteen years of age, except that a
person who is at least seventeen years of age and who will be
eighteen years of age by the time of the next ensuing general
election may also be permitted to register, and shall not be
otherwise legally disqualified:
Provided, That a registered
voter who has not reached eighteen years of age may vote both
partisan and nonpartisan ballots in a state, county or municipal
primary election, but is not eligible to vote in a municipal
general election or special election.
(b) Any person who has been convicted of a felony, treason
or bribery in an election, under either state or federal law, is
disqualified and shall not be eligible to register or to continue
to be registered to vote during the term of any sentence for such
conviction, including any period of incarceration, probation or
parole related thereto. Any person who has been determined to be
mentally incompetent by a court of competent jurisdiction is
disqualified and shall not be eligible to register or to continue
to be registered to vote for as long as that determination
remains in effect.
§3-2-3. State authority relating to voter registration; chief
election officer.
(a) The secretary of state, as chief election official of
the state as provided in section six, article one-a of this
chapter, shall have general supervision of the voter registration
procedures and practices and the maintenance of voterregistration records in the state, and shall have authority to
require reports and investigate violations to insure the proper
conduct of voter registration throughout the state and all of its
subdivisions.
(b) The secretary of state is hereby designated as the chief
election official responsible for the coordination of this
state's responsibilities under the "National Voter Registration
Act of 1993" (42 U.S.C. 1973gg). The secretary of state shall
have general supervision of voter registration procedures and
practices at agencies and locations providing services as
required by the provisions of this article and shall have the
authority to propose procedural, interpretive and legislative
rules for promulgation in accordance with the provisions of
chapter twenty-nine-a of this code, for application for
registration, transmission of applications, reporting and
maintenance of records required by the provisions of this article
and for the development, implementation, and application of other
provisions of this article.
§3-2-4. Authority and responsibility of the clerk of the county
commission and of the county commission relating to voter
registration.
(a) Subject to the authority of the secretary of state, the
clerk of the county commission shall be the chief registration
authority in each respective county and all subdivisions therein,
and shall supervise their deputies, employees and registrars in
the performance of their respective duties.
(b) The county commission of each county shall allocatesufficient resources for the proper and efficient performance of
duties relating to voter registration as required by law, and
shall provide for temporary clerical assistance necessary for
systematic purging procedures or other duties of short duration
required by the provisions of this article.
(c) The county commission shall have authority on its own
motion to summon and examine any person concerning the
registration of voters, to investigate any irregularities in
registration, to summon and examine witnesses, to require the
production of any relevant books and papers and to conduct
hearings on any matters relating to the registration of voters.
(d) The clerk of the county commission shall be responsible
for the administration of voter registration within the county
and shall establish procedures and practices which insure the
full implementation of the requirements of federal and state laws
and rules relating to voter registration, and which insure
nondiscriminatory practices.
§3-2-5. Forms for application for registration; information
required and requested; types of application forms; notices.
(a) (1) All state forms for application for voter
registration shall be prescribed by the secretary of state and
shall conform with the requirements of the "National Voter
Registration Act of 1993" (42 U.S.C. 1973gg) and the requirements
of the provisions of this article. Separate application forms
may be prescribed for voter registration conducted by the clerk
of the county commission, registration by mail, registration in
conjunction with an application for motor vehicle driver'slicense and registration at designated agencies. These forms may
consist of one or more parts, may be combined with other forms
for use in registration by designated agencies or in conjunction
with driver licensing, and may be revised and reissued as
required by the secretary of state to provide for the efficient
administration of voter registration. After the first day of
January, one thousand nine hundred ninety-five, all state forms
issued for the purpose of voter registration shall be those
prescribed pursuant to the provisions of this article, and no
form used or issued for voter registration pursuant to laws in
effect before that date shall be provided to any person for the
purpose of registration.
(2) Notwithstanding any provisions of subdivision (1) of
this subsection to the contrary, the federal postcard application
for voter registration issued pursuant to the "Uniformed and
Overseas Citizens Absentee Voting Act of 1986" (42 U.S.C. 1973 et
seq.), and the mail voter registration application form
prescribed by the Federal Election Commission pursuant to the
"National Voter Registration Act of 1993" (42 U.S.C. 1973gg)
shall be accepted as a valid form of application for registration
pursuant to the provisions of this article.
(b) Each application form for registration shall include:
(1) A statement specifying the eligibility requirements for
registration and an attestation that the applicant meets each
eligibility requirement;
(2) Any specific notice or notices required for a specific
type or use of application by the "National Voter RegistrationAct of 1993" (42 U.S.C. 1973gg);
(3) A notice that a voter may be permitted to vote the
partisan primary election ballot of a political party only if the
voter has designated that political party on the application for
registration, unless the political party has determined
otherwise; and
(4) Any other instructions or information essential to
complete the application process.
(c) Each application form shall require that the following
be provided by the applicant, under oath, and any application
which does not contain each of the following shall be considered
incomplete:
(1) The applicant's legal name, including the first name,
middle or maiden name and last name;
(2) The month, day and year of the applicant's birth;
(3) The applicant's gender; and
(4) The applicant's residence address, including the number
and street or route and city and county of residence except:
(A) In the case of a person eligible to register under the
provisions of the "Uniformed and Overseas Citizens Absentee
Voting Act", (42 U.S.C. 1973ff), the address at which he or she
last resided before leaving the United States or entering the
uniformed services, or if a dependent child of such a person, the
address at which his or her parent last resided; and
(B) In the case of a homeless person having no fixed
residence address who nevertheless resides and remains regularly
within the county, the address of a shelter, assistance center orfamily member with whom he or she has regular contact, or other
specific location approved by the clerk of the county commission
for the purposes of establishing a voting residence;
(5) The applicant's signature, under penalty of perjury, as
provided in section thirty-six of this article, to the
attestation of eligibility to register to vote and to the truth
of the information given; and
(6) The date the application is signed.
(d) The applicant shall be requested to provide the
following information, but no application shall be rejected for
lack of this information:
(1) An indication whether the application is for a new
registration, change of address, change of name or change of
party affiliation;
(2) The applicant's choice of political party affiliation,
if any, or an indication of no affiliation:
Provided, That any
applicant who does not enter any choice of political party
affiliation shall be listed as having no party affiliation on the
voting record;
(3) The applicant's home mailing address, if different than
the residence address;
(4) The applicant's social security number;
(5) The applicant's telephone number; and
(6) The address at which the applicant was last registered
to vote, if any, for the purpose of canceling or transferring the
previous registration.
(e) The secretary of state shall prescribe the printingspecifications of each type of voter registration application and
the voter registration application portion of any form which is
part of a combined agency form.
(f) Application forms prescribed in this section may refer
to various public officials by title or official position, but in
no case may the actual name of any officeholder be printed on the
voter registration application or on any portion of a combined
application form.
(g) No later than the first day of July of each odd numbered
year, the secretary of state shall submit the specifications of
the voter registration application by mail for statewide bidding
for a contract period beginning the first day of September of
each odd numbered year and continuing for two calendar years.
The successful bidder shall produce and supply the required mail
voter registration forms at the contract price to all purchasers
of the form for the period of the contract.
§3-2-6. Time of registration application before an election.
(a) Voter registration for an election shall close on the
thirtieth day before the election, or on the first day thereafter
which is not a Saturday, Sunday or legal holiday.
(b) An application for voter registration, transfer of
registration, change of name or change of political party
affiliation submitted by an eligible voter by the close of voter
registration shall be effective for any subsequent primary,
general or special election if the following conditions are met:
(1) The application contains the required information as set
forth in subsection (c), section five of this article:
Provided,That incomplete applications for registration containing
information which are submitted within the required time may be
corrected within four days after the close of registration if the
applicant provides the required information; and
(2) The application is received by the appropriate clerk of
the county commission no later than the hour of the close of
registration or is otherwise submitted by the following
deadlines:
(A) If mailed, the application shall be addressed to the
appropriate clerk of the county commission and postmarked by the
postal service no later than the date of the close of
registration:
Provided, That if the postmark is missing or
illegible, the application shall be presumed to have been mailed
no later than the close of registration if it is received by the
appropriate clerk of the county commission no later than the
third day following the close of registration;
(B) If accepted by a designated agency or motor vehicle
licensing office, the application shall be received by that
agency or office no later than the close of registration;
(C) If accepted through a registration outreach program, the
application shall be received by the clerk, deputy clerk or
registrar no later than the close of registration; and
(3) The verification notice required by the provisions of
section sixteen of this article mailed to the voter at the
residence indicated on the application is not returned as
undeliverable.
§3-2-7. Hours and days of registration in the office of the
clerk of the county commission; in person application for
voter registration; identification required.
(a) The clerk of the county commission shall provide voter
registration services at all times when the office of the clerk
is open for regular business. In addition, the office of the
clerk shall remain open for voter registration from 9:00 a.m.
until 8:00 p.m. on the Friday and Monday, and from 9:00 a.m.
until 5:00 p.m. on the Saturday, prior to the close of
registration for statewide primary and general elections.
(b) Any eligible voter who desires to apply for voter
registration in person at the office of the clerk of the county
commission shall complete a voter registration application on the
prescribed form and shall sign the oath required on that
application in the presence of the clerk of the county commission
or his or her deputy. The applicant shall then present valid
identification and proof of age, except that the clerk may waive
the proof of age requirement if the applicant is clearly over the
age of eighteen.
(c) The clerk shall attempt to establish whether the
residence address given is within the boundaries of an
incorporated municipality and, if so, make the proper entry
required for municipal residents to be properly identified for
municipal voter registration purposes.
(d) Upon receipt of the completed registration application,
the clerk shall either:
(1) Provide a notice of procedure for verification and
notice of disposition of the application and immediately beginthe verification process prescribed by the provisions of section
sixteen of this article; or
(2) Upon presentation of a current driver's license or state
issued identification card containing the residence address as it
appears on the voter registration application, issue the receipt
of registration.
§3-2-8. Registration outreach services by the clerk of the
county commission; challenge of voter's registration.
(a) Registration outreach services, including application
for registration, change of address, name or party affiliation
and correction or cancellation of registration, may be provided
at locations outside the office of said clerk of the county
commission by the clerk, one or more of his or her deputy clerks,
or by temporary registrars or volunteer registrars appointed in
accordance with the provisions of section nine of this article.
(b) (1) The clerk of the county commission may establish
temporary registration offices to provide voter registration
services to residents of the county. The clerk shall file a list
of the scheduled times and locations of any temporary
registration offices with the county commission at least fourteen
days prior to opening the temporary office and shall solicit
public service advertising of the location and times for any
temporary registration office on radio, television and newspapers
serving that county.
(2) The clerk of the county commission shall establish an
approved program of voter registration services for eligible high
school students at each high school within the county and shallconduct that program of voter registration at an appropriate time
during each school year, but no later than forty-five days before
a statewide primary election held during a school year. The
secretary of state shall issue guidelines for approval of
programs of voter registration for eligible students, and all
such programs shall include opportunities for students to
register in person and present identification at the high school
where the student is enrolled. Official school records shall be
accepted as identification and proof of age for eligible
students.
(c) When the boundaries of precincts are altered requiring
the transfer of a portion of the voters of one precinct to
another precinct, the clerk of the county commission or temporary
registrars appointed for the purpose may conduct door-to-door
registration services in the areas affected by the boundary
changes and may register, alter or transfer the registration of
voters found to reside in those areas. Upon a determination that
a voter who previously registered in the area canvassed no longer
resides at that address, except for those persons who are
qualified to maintain a legal residence at the address, the clerk
of the county commission shall challenge the registration of the
voter in accordance with the provisions of section twenty-eight
of this article.
(d) The procedures required upon receipt of an application
for registration as prescribed in subsection (b), section seven
of this article shall also be performed by the authorized persons
conducting the registration outreach services.
§3-2-9. Appointment of temporary and volunteer registrars for
registration outreach services.
(a) Temporary registrars and volunteer registrars may be
appointed to perform registration outreach services as provided
in section eight of this article. Whenever registration outreach
services are conducted by temporary registrars or volunteer
registrars, two persons of opposite political parties shall serve
together. All temporary registrars and volunteer registrars
shall be trained by the clerk of the county commission before
beginning their duties and shall thereafter be supervised by said
clerk.
(b) Temporary registrars and volunteer registrars shall have
the same eligibility qualifications as required of election
officials and shall be subject to suspension by the same
procedures as prescribed for election officials as provided in
section twenty-eight, article one of this chapter. Eligibility
may be suspended for the following reasons:
(1) Failure to appear at the required time and place or to
perform the duties of a registrar as required by law;
(2) Alteration or destruction of a voter registration
application;
(3) Improper influence of the choice of party affiliation of
a voter, or other improper interference or intimidation relating
to the voter's decision to register or not to register to vote;
or
(4) Being under the influence of alcohol or drugs, or having
anything wagered or bet on an election.
(c) Each temporary or volunteer registrar, before beginning
the duties of the office, shall take an oath to perform the
duties of the office according to law and the oath shall be filed
with the clerk of the county commission.
(d) (1) The county commission may appoint temporary
registrars to conduct registration as provided in section eight
of this article. An equal number of such registrars shall be
selected from the two major political parties. The county
commission shall notify each county executive committee, in
writing, specifying the number of registrars to be appointed, the
general schedule of registration activities to be performed, and
the date by which the nominations must be received, which date
shall be not less than twenty-eight days following the date of
the notice. Each executive committee, by majority vote of the
committee, may nominate the number of persons needed to serve as
registrars and shall submit the nominations in writing to the
county commission by the date specified in the notice. The clerk
of the county commission shall notify those persons so nominated
and appointed. If any person declines to serve or fails to
appear, the clerk of the county commission shall fill the vacancy
with a qualified person of the same political party.
(2) Temporary registrars shall be compensated at a rate not
less than the federal minimum wage and may be reimbursed for
mileage traveled between the county courthouse and any temporary
registration site.
(e) The clerk of the county commission may appoint volunteer
registrars to conduct registration outreach services as providedin section eight of this article. Volunteer registrars shall
serve without compensation. At least fourteen days before
beginning any registration outreach service to be conducted by
volunteer registrars, the clerk shall notify the county
commission in writing listing the proposed schedule for all
registration outreach activities and the name and party
affiliation of each volunteer registrar appointed.
§3-2-10. Application for registration by mail.
(a) Any qualified person may apply to register, change,
transfer or correct his or her voter registration by mail.
Application shall be made on a prescribed form as provided by
section five of this article, and the voter shall not be required
to pay postage to mail the completed application.
(b) To the extent possible with funds allocated annually for
such purpose, the secretary of state shall make state mail
registration forms available for distribution through
governmental and private entities and organized voter
registration programs. The secretary of state shall make a
record of all requests by entities or organizations for ten or
more forms with a description of the dates and locations in which
the proposed registration drive is to be conducted. The
secretary of state may limit the distribution to a reasonable
amount per group.
(c) The clerk of the county commission shall provide up to
four mail registration forms to any resident of the county upon
request. To the extent possible with funds allocated annually
for the purpose, the clerk of the county commission shall makestate mail registration forms available for distribution through
organized voter registration programs within the county. The
clerk of the county commission shall make a record of all
requests by entities or organizations for ten or more forms with
a description of the dates and locations in which the proposed
registration drive is to be conducted. The clerk may limit the
distribution to a reasonable amount per group.
(d) The applicant shall provide all required information and
only after completing the information, sign the prescribed
applicant's oath under penalty of perjury, as provided in section
thirty-six of this article. No person may alter or add any entry
or make any mark which would alter any material information on
the voter registration application after the applicant has signed
the oath:
Provided, That the clerk of the county commission may
correct any entry upon the request of the applicant provided the
request is properly documented and the correction is dated and
initialed by the clerk.
(e) Completed applications shall be mailed or delivered to
the clerk of the county commission of the county in which the
voter resides. If a clerk receives a completed mail application
form from a voter whose residence address is located in another
county, the clerk shall forward that application within three
days to the clerk of the county commission of the county of the
applicant's residence.
(f) Upon receipt of the application for registration by the
appropriate clerk of the county commission, the clerk shall:
(1) Attempt to establish whether the residence address givenis within the boundaries of an incorporated municipality and, if
so, make the proper entry required for municipal residents to be
properly identified for municipal voter registration purposes;
and
(2) Immediately begin the verification process required by
the provisions of section sixteen of this article.
(g) Any person who registers by mail pursuant to this
section shall be required to make his or her first vote in person
at the polls or in person at the office of the clerk of the
circuit court to vote an absentee ballot in order to make the
registration valid:
Provided, That any person who has applied
for an absentee ballot pursuant to the provisions of subdivision
(1), subsection (d), section one, article three of this chapter
or paragraph (B), subdivision (2) of said subsection or
subdivision (3) of said subsection or of subsection (e) of said
section shall not have his or her ballot in that election
challenged for failure to appear in person or for failure to
present identification.
(h) Any person required by this section to make his or her
first vote in person shall present valid identification and proof
of age to the clerks at the poll or at the office of the clerk of
the circuit court or the clerk of the county commission of the
county in which he or she is registered before casting the first
ballot.
(i) Any person who submits a state mail voter registration
application to the clerk of the county commission in the county
in which he or she is currently registered for the purpose ofentering a change of address within the county, making a change
of party affiliation or recording a change of legal name shall
not be required to make his or her first vote in person or to
present identification or proof of age.
§3-2-11. Registration in conjunction with driver licensing.
(a) Beginning on the first day of January, one thousand nine
hundred ninety-five, the division of motor vehicles and the
department of public safety, or such other division or department
as may be established by law to perform motor vehicle driver
licensing services, shall provide each qualified voter, as an
integral and simultaneous part of every process of application
for the issuance, renewal or change of address of any motor
vehicle driver's license or official identification card,
pursuant to the provisions of article two, chapter seventeen-b of
this code, a voter registration application form as prescribed in
section five of this article.
(b) Any person who fails to sign the voter registration
application or who fails to return the voter registration
application to a driver licensing facility or to an appropriate
voter registration office shall be deemed to have declined to
register. Information regarding any person's failure to sign the
voter registration application shall be confidential and shall
not be used for any purpose other than to determine voter
registration.
(c) Any qualified voter who submits the application for
registration pursuant to the provisions of subsection (a) of this
section in person at a driver licensing facility at the time ofapplying for, obtaining, renewing or transferring his or her
driver's license or official identification card and who presents
identification and proof of age at that time shall not be
required to make his or her first vote in person or to again
present identification in order to make that registration valid.
(d) Any qualified voter who submits by mail or by delivery
by a third party an application for registration on the form used
in conjunction with driver licensing shall be required to make
his or her first vote in person and present identification as
required for other mail registration in accordance with the
provisions of subsection (g), section ten of this article:
Provided, That if the applicant has been previously registered in
the jurisdiction and the application is for a change of address,
change of name, change of political party affiliation or other
correction, the presentation of identification and first vote in
person shall not be required.
(e) Any application for voter registration submitted
pursuant to the provisions of this section shall be considered as
updating any previous voter registration by the applicant and
shall authorize the cancellation of registration in any other
county or state in which the applicant was previously registered.
(f) Any change of address from one residence to another
within the same county which is submitted for driver licensing
purposes in accordance with applicable law shall also serve as a
notice of change of address for voter registration purposes
unless the individual indicates on the form that the change of
address is not for voter registration purposes.
(g) Completed applications for voter registration or change
of address for voting purposes received by any office providing
driver licensing services shall be forwarded to the secretary of
state within five days of receipt. The secretary of state shall
remove and file any forms which have not been signed by the
applicant and shall forward completed, signed applications to the
clerk of the appropriate county commission within five days of
receipt.
(h) Voter registration application forms containing voter
information which are returned to a driver licensing office
unsigned shall be collected and maintained for two years
according to procedural rules promulgated by the secretary of
state.
§3-2-12. Combined voter registration and driver licensing fund.
(a) Fifty cents of each license fee collected pursuant to
the provisions of section one, article three, chapter seventeen
of this code shall be paid into the state treasury to the credit
of a special revenue fund to be known as the "Combined Voter
Registration and Driver Licensing Fund". The moneys so credited
to such fund may be used by the secretary of state for the
following purposes:
(1) Printing and distribution of combined driver licensing
or other agency applications and voter registration forms, or for
the printing of voter registration forms to be used in
conjunction with driver licensing or other agency applications;
(2) Printing and distribution of mail voter registration
forms for purposes of this article;
(3) Supplies, postage and mailing costs for correspondence
relating to voter registration for agency registration sites and
for the return of completed voter registration forms to the
appropriate state or county election official;
(4) Reimbursement of postage and mailing costs incurred by
clerks of the county commissions for sending a verification
mailing, confirmation of registration or other mailings directly
resulting from an application to register, change or update a
voter's registration through a driver licensing or other agency;
(5) Reimbursement to state funded agencies designated to
provide voter registration services under this chapter for
personnel costs associated with the time apportioned to voter
registration services and assistance;
(6) The purchase, printing and distribution of public
information and other necessary materials or equipment to be used
in conjunction with voter registration services provided by state
funded agencies designated pursuant to the provisions of this
article;
(7) The development of a statewide program of uniform voter
registration computerization for use by each county registration
office and the secretary of state, purchase of uniform voter
registration software, payment of software installation costs and
reimbursement to the county commissions of not more than fifty
percent of the cost per voter for data entry or data conversion
from a previous voter registration software program;
(8) Payment of up to fifty percent of the costs of
conducting a joint program with participating counties toidentify ineligible voters by using the United States postal
service information as provided in section twenty-five of this
article:
Provided, That such assistance shall be available only
to counties which maintain voter registration lists on the
statewide uniform voter data system; and
(9) Payment or reimbursement of other costs associated with
implementation of the requirements of the "National Voter
Registration Act of 1993" (42 U.S.C. 1973gg):
Provided, That
revenue received by the fund in any fiscal year shall first be
allocated to the purposes set forth in subdivisions (1) through
(8) of this subsection.
(b) The secretary of state shall promulgate rules pursuant
to the provisions of chapter twenty-nine-a of this code to
provide for the administration of the fund established in
subsection (a) of this section.
§3-2-13. Agencies to provide voter registration services;
designation of responsible employees; forms; prohibitions;
confidentiality.
(a) For the purposes of this article, "agency" means a
department, division or office of state or local government, or
a program supported by state funds, which is designated under
this section to provide voter registration services, but does not
include departments, divisions or offices required by other
sections of this article to provide voter registration services.
(b) Beginning on the first day of January, one thousand nine
hundred ninety-five, the following agencies shall provide voter
registration services pursuant to the provisions of this article:
(1) Those state agencies which administer or provide
services under the food stamp program, the "Aid to Families with
Dependent Children" (AFDC) program, the "Women, Infants and
Children" (WIC) program and the medicaid program;
(2) Those state funded agencies primarily engaged in
providing services to persons with disabilities;
(3) County marriage license offices; and
(4) Armed services recruitment offices, as required by
federal law.
(c) No later than the first day of October, one thousand
nine hundred ninety-four, the secretary of state shall, in
conjunction with a designated representative of each of the
appropriate state agencies, review those programs and offices
established and operating with state funds which administer or
provide public assistance or services to persons with
disabilities, and shall promulgate an emergency rule pursuant to
the provisions of chapter twenty-nine-a of this code designating
the specific programs and offices required to provide voter
registration services in order to comply with the requirements of
this section and the requirements of the "National Voter
Registration Act of 1993" (42 U.S.C. 1973gg). The offices and
programs so designated shall begin providing voter registration
services on the first day of January, one thousand nine hundred
ninety-five.
(d) No later than the first day of July, one thousand nine
hundred ninety-six, and each even-numbered year thereafter, the
secretary of state shall, in conjunction with the designatedrepresentatives of the appropriate state agencies, perform the
review as required by the provisions of subsection (c) of this
section and the secretary of state shall promulgate a legislative
rule pursuant to the provisions of chapter twenty-nine-a of this
code designating the specific agencies required to provide voter
registration services beginning on the first day of July of the
following year.
(e) Each state agency required to provide services pursuant
to the provisions of this article shall designate a current
employee of that agency to serve as a state supervisor to
administer voter registration services required in all programs
under their jurisdiction. Each state supervisor shall be
responsible for coordination with the secretary of state, overall
operation of the program in conjunction with services within the
agency, designation and supervision of local coordinators and for
the review of any complaints filed against employees relating to
voter registration as provided in this chapter.
(f) The state supervisor shall designate a current employee
as a local coordinator for voter registration services for each
office or program delivery center who shall be responsible for
the proper conduct of voter registration services, timely return
of completed voter registration applications, proper handling of
declinations and reporting requirements. Notice of the
designation of these persons shall be made upon request of the
secretary of state, and within five days following any change of
such designation.
(g) The registration application forms used for agencyregistration shall be issued pursuant to the provisions of
section five of this article.
(h) The secretary of state, in conjunction with those
agencies designated to provide voter registration services
pursuant to the provision of this section, shall prescribe the
form or portion of the appropriate agency form required by the
provisions of Section 7(a)(6)(B) of the "National Voter
Registration Act of 1993" (42 U. S. C. 1973gg), containing the
required notices and providing boxes for the applicant to check
to indicate whether the applicant would like to register or
decline to register to vote. Such form or portion of form is
designated the "declination form".
(i) A person who provides voter registration services shall
not:
(1) Seek to influence an applicant's political preference or
party registration;
(2) Display to any applicant any political preference or
party allegiance;
(3) Make any statement to an applicant or take any action
the purpose or effect of which is to discourage the applicant
from registering to vote; or
(4) Make any statement to an applicant or take any action
the purpose or effect of which is to lead the applicant to
believe that a decision to register or not to register has any
bearing on the availability of services or benefits.
(j) No information relating to the identity of a voter
registration agency through which any particular voter isregistered or to a declination to register to vote in connection
with an application made at any designated agency, may be used
for any purpose other than voter registration.
§3-2-14. Registration procedures at agencies.
(a) For the purpose of this section, "applicant" means a
person who applies in person, whether at an agency office or
other site of direct contact with an agency employee responsible
for accepting applications, seeking services or assistance for
himself or herself or for a member of his or her immediate
family.
(b) No later than the first day of December, one thousand
nine hundred ninety-four, the secretary of state shall promulgate
procedural rules governing the duties and training of agency
employees responsible for providing voter registration services,
including the distribution, handling, transmittal and retention
of voter registration applications and other forms used in
conjunction with agency registration, and any reporting necessary
to comply with the "National Voter Registration Act of 1993" (42
U.S.C. 1973gg).
(c) Beginning on the first day of January, one thousand nine
hundred ninety-five, or on the first day of July of any
subsequent odd-numbered year after which an agency has been
designated, each agency designated under the provisions of
section thirteen of this article shall:
(1) Distribute with each application for service or
assistance, and with each recertification, renewal or change of
address form relating to that service or assistance, thedeclination form prescribed in subsection (h), section thirteen
of this article, and a voter registration application issued for
the purposes of agency registration pursuant to the provisions of
section five of this article;
(2) Provide to each applicant who does not decline to
register to vote the same degree of assistance in voter
registration as is provided for the completion of the agency's
other forms, unless the applicant refuses assistance;
(3) Accept completed voter registration applications and
forward those applications to the secretary of state within five
days of receipt;
(4) Accept declination forms and retain or forward those
forms in a manner prescribed by procedural rules promulgated by
the secretary of state;
(5) Provide, on the request of an applicant or person
assisting an applicant, a reasonable number of mail application
forms for use by other eligible persons residing with the
applicant; and
(6) Make any reports as may be required.
(d) Any applicant who checks "no" or fails to check "yes" or
"no" on the declination form shall be deemed to have declined to
register; and any applicant who checks "yes" on the declination
form, but fails or refuses to sign the voter registration
application or fails to return the voter registration application
to an agency or to an appropriate voter registration office shall
be deemed to have declined to register.
(e) Upon receipt of registration forms from an agency, thesecretary of state shall remove and file any forms which have not
been signed by the applicant and shall forward completed, signed
applications to the clerk of the appropriate county commission
within five days of receipt.
(f) Any qualified voter who submits the application for
registration pursuant to the provisions of this section in person
at an agency or to an agency employee providing services at
another location, and who presents identification and proof of
age at that time or has previously presented identification and
proof of age to the same agency, shall not be required to make
his or her first vote in person or to again present
identification in order to make that registration valid.
(g) Any qualified voter who submits by mail or by delivery
by a third party an application for registration on the form used
in conjunction with agency registration shall be required to make
his or her first vote in person and to present identification as
required for other mail registration in accordance with the
provisions of subsection (g), section ten of this article.
(h) Voter registration application forms which are returned
to an agency unmarked shall be collected for reuse according to
procedures prescribed by the secretary of state.
§3-2-15. Special procedures relating to agency registration at
marriage license offices.
When a qualified voter appears in person to apply for a
marriage license, the applicant shall be presented a voter
registration application. If the applicant does not intend to
change his or her legal name or residence address upon marriage,the applicant may immediately apply to register or to update a
previous registration, in accordance with the procedures
prescribed in section fourteen of this article, except that the
completed applications shall be forwarded directly to the
registration office of the clerk of the county commission if the
residence given is within the same county. If the applicant does
intend to change his or her legal name or residence address upon
marriage, and desires to register to vote, the applicant shall
instead be given a mail registration card for use after the
change of name or address has occurred.
§3-2-16. Procedures upon receipt of application for registration
by the clerk of the county commission; verification
procedure and notice of disposition of application for
registration.
(a) Upon receipt of an application for voter registration,
the clerk of the county commission shall determine whether the
application is complete, whether the applicant appears to be
eligible to register to vote within the county and whether the
applicant is currently registered within the county. If the
application is incomplete or the applicant appears not to be
eligible, the clerk shall take the appropriate action as
prescribed in section seventeen of this article.
(b) If the application received is complete and appears to
be from an eligible person who has not previously been registered
within the county, or has not been included within the active
voter registration files as defined in section eighteen of this
article within the preceding calendar year and does not presenta driver's license containing the residence address pursuant to
the provisions of subdivision (2), subsection (d), section seven
of this article, the clerk of the county commission shall conduct
the following verification procedure:
(1) The clerk shall issue or mail, by first-class
nonforwardable return requested, a verification notice addressed
to the applicant at the residence and mailing address given on
the application, except that the mailing address shall not be
included on the notice if it appears to identify a distinctly
different location from the residence address, such as a business
address, another residence or a different city or town, unless
the voter has registered as a uniformed services, overseas or
homeless voter and provided a local residence address pursuant to
the provisions of subdivision (4), subsection (c), section five
of this article.
(2) The verification notice shall state the purpose of the
procedure, the fact that no further action is required of the
applicant, and the fact that a notice of the disposition of the
registration application will be mailed after the ten day return
period has expired.
(3) If the verification notice is not returned as
undeliverable within ten days, the application for registration
shall be accepted and entered into the active voter registration
files and a registration receipt mailed designating the voter's
assigned precinct.
(4) If the verification notice is returned undeliverable
within ten days, the clerk shall compare the address given on thevoter registration application with the address used on the
envelope and, if there is any discrepancy, shall send a second
verification notice to the correct address. If there is no
discrepancy, the application for registration shall be denied and
the notice of denial prescribed in section seventeen of this
article shall be mailed.
(5) If the verification notice is returned undeliverable
after the registration has been accepted, the clerk shall
initiate the confirmation procedure prescribed in section twenty-
six of this article.
(c) If the application received is complete and appears to
be from an eligible person who is currently registered within the
county, or has been included within the active voter registration
files as defined in section eighteen of this article within the
preceding calendar year, the clerk of the county commission shall
send, by first-class nonforwardable return requested mail, a
registration receipt or other notice of the disposition of the
application; and
(1) If the application is for a change of name, change of
address, change of political party affiliation, reinstatement or
other correction of the previous voter registration, the clerk
shall include a new voter registration receipt;
(2) If the application does not make any change in the
previous voter registration, the clerk shall notify the
registrant that the voter is not required to reregister or update
the registration as long as he or she lives at the same address
and has the same legal name; or
(3) If the notice of disposition is returned undeliverable
after the registration has been accepted, the clerk shall
initiate the confirmation procedure prescribed in section twenty-
six of this article.
(d) If the application contains information indicating the
address at which the applicant was previously registered to vote
in another county or state, the clerk of the county commission
shall give notice to the clerk or registrar of that jurisdiction
for the purpose of canceling the previous registration.
§3-2-17. Denial of registration application; notice; appeal to
clerk of the county commission, decision; appeal to county
commission, hearing, decision; appeal to circuit court.
(a) If the clerk of the county commission finds that any of
the following is true, based on the application or official
documentation of ineligibility, the clerk shall deny the
application for voter registration:
(1) The applicant, at the time the application is received,
is not eligible to register in the county and state pursuant to
the provisions of section two of this article;
(2) The applicant has submitted an application which is
incomplete, pursuant to the provisions of subsection (c), section
five of this article; or
(3) The verification notice as required in section sixteen
of this article is returned as undeliverable at the address given
by the voter.
(b) When the clerk of the county commission determines that
the application must be denied, the clerk shall send, by firstclass forwardable return requested mail, a notice that the
application for registration was denied and the reasons therefor.
(1) If the reason for denial is an incomplete application,
the clerk shall inform the voter of the right to reapply and
shall enclose a mail voter registration form for the purpose.
(2) If the reason for denial is return of the verification
notice as undeliverable at the address given, the clerk shall
inform the voter of the right to present proof of residence in
order to validate the registration.
(3) If the reason for denial is ineligibility, the notice
shall include a statement of eligibility requirements for voter
registration and of the applicant's right to appeal the denial.
(c) An applicant whose application for registration is
denied by the clerk of the county commission because of
ineligibility or for failure to submit proof of residence may
make a written request for a reconsideration by the clerk, and
may present information relating to his or her eligibility. The
clerk shall review the request for consideration, and shall issue
a decision in writing within fourteen days of the receipt of the
request.
(d) If the application is denied upon reconsideration
pursuant to the provisions of subsection (c) of this section, the
applicant may make a written request for a hearing before the
county commission. The county commission shall schedule and
conduct the hearing within thirty days of receipt of the request
and shall issue a decision, in writing, within fifteen days of
the hearing.
(e) An applicant may appeal the decision of the county
commission to the circuit court. The circuit court shall only
consider the record before the county commission, as
authenticated by the clerk of the county commission. The circuit
court may affirm the order of the county commission, whether the
order be affirmative or negative; but if it deems such order not
to be reasonably justified by the evidence considered, it may
reverse such orders of the county commission in whole or in part
as it deems just and right; and if it deems the evidence
considered by the county commission in reaching its decision
insufficient, it may remand the proceedings to the county
commission for further hearing. Any such order or orders of the
circuit court shall be certified to the county commission.
(f) Any party to such appeal, may, within thirty days after
the date of a final order by the circuit court, apply for an
appeal to the supreme court of appeals, which may grant or refuse
such appeal at its discretion. The supreme court of appeals
shall have jurisdiction to hear and determine the appeal upon the
record before the circuit court, and to enter such order as it
may find that the circuit court should have entered.
(g) It shall be the duty of the circuit court and the
supreme court of appeals, in order to expedite registration and
election procedures, to hold such sessions as may be necessary to
determine any cases involving the registration of voters. Judges
of the circuit court and the supreme court of appeals in vacation
shall have the same power as that prescribed in this section for
their respective courts.
§3-2-18. Registration records; active, inactive, canceled,
pending and rejected registration files; procedure; voting
records.
(a) For the purposes of this article:
(1) "Original voter registration record" means all records
submitted or entered in writing for voter registration purposes,
including:
(A) Any original application or notice submitted by any
person for registration or reinstatement, change of address,
change of name, change of party affiliation, correction of
records, cancellation, confirmation of voter information or other
request or notice for voter registration purposes; and
(B) Any original entry made on any voter's registration
record at the polling place, or made or received by the clerk of
the county commission relating to any voter's registration, such
as records of voting, presentation of identification and proof of
age, challenge of registration, notice of death or obituary
notice, notice of disqualifying conviction or ruling of mental
incompetence or other original document which may affect the
status of any person's voter registration.
(2) "Active voter registration files" means the files of
registration records, whether maintained on paper forms or in
digitized data format, containing the names, addresses, birth
dates and other required information for all persons within a
county who are registered to vote and whose registration has not
been designated as "inactive" or "canceled" pursuant to the
provisions of this article.
(3) "Inactive voter registration files" means the files of
registration records, whether maintained on paper forms or in
digitized data format, containing the names, addresses, birth
dates and other required information for all persons designated
"inactive" pursuant to the provisions of section twenty-seven of
this article following the return of the prescribed notices as
undeliverable at the address entered on the voter registration.
For the purposes of this chapter or of any other provisions of
this code relating to elections conducted under the provisions of
this chapter, whenever a requirement is based on the number of
registered voters, including, but not limited to, the number of
ballots to be printed, the limitations on the size of a precinct,
or the number of petition signatures required for election
purposes, only those registrations included on the active voter
registration files shall be counted and voter registrations
included on the inactive voter registration files, as defined in
this subdivision, shall not be counted.
(4) "Canceled voter registration files" means the files
containing all required information for all persons who have been
removed from the active and inactive voter registration files and
who are no longer registered to vote within the county.
(5) "Pending application files" means the temporary files
containing all information submitted on a voter registration
application, pending the expiration of the verification period.
(6) "Rejected application files" means the files containing
all information submitted on a voter registration application
which was rejected for reasons as described in this article.
(b) Active voter registration files and inactive voter
registration files may be maintained in the same physical
location or database, providing the records are coded, marked or
arranged in such a way as to make the status of the registration
immediately obvious. Canceled voter registration files, pending
application files, and rejected application files shall each be
maintained in separate physical locations or databases.
(c) The effective date of any action affecting any voter's
registration status shall be entered on the voter record in the
appropriate file, including the effective date of registration,
change of name, address or party affiliation or correction of the
record, effective date of transfer to inactive status, return to
active status or cancellation. When any registration is
designated inactive or is canceled, the reason for the
designation or cancellation and any reference notation necessary
to locate the original documentation related to the change shall
be entered on the voter record.
(d) Within one hundred twenty days after each primary,
general, municipal or special election, the clerk of the county
commission shall, as evidenced by the presence or absence of
signatures on the pollbooks for such election, correct any errors
or omissions on the voter registration records resulting from the
poll clerks erroneously checking or failing to check the
registration records as required by the provisions of section
thirty-four, article one of this chapter, or shall enter the
voting records into the state uniform data system if the precinct
books have been replaced with printed registration books asprovided in section twenty-one of this article.
§3-2-19. Maintenance of active and inactive registration files
in precinct record books and county alphabetical
registration file.
(a) Each county shall continue to maintain a record of each
active and inactive voter registration in precinct registration
books until the state uniform data system, is adopted pursuant to
the provisions of section twenty of this article, fully
implemented, and given final approval by the secretary of state.
The precinct registration books shall be maintained as follows:
(1) Each active voter registration shall be entered in the
precinct book or books for the county precinct in which the
voter's residence is located and shall be filed alphabetically by
name, alphabetically within categories, or by numerical street
address, as determined by the clerk of the county commission for
the effective administration of registration and elections. No
active voter registration record shall be removed from the
precinct registration books unless the registration is lawfully
transferred or canceled pursuant to the provisions of this
article.
(2) Each voter registration which is designated "inactive"
pursuant to the procedures prescribed in section twenty-seven
shall be retained in the precinct book for the county precinct in
which the voter's last recorded residence address is located
until the time period expires for which a record must remain on
the inactive files. Every inactive registration shall be clearly
identified by a prominent tag or notation or arranged in aseparate section in the precinct book clearly denoting the
registration status. No inactive voter registration record shall
be removed from the precinct registration books unless the
registration is lawfully transferred or canceled pursuant to the
provisions of this article.
(b) For municipal elections, the registration records of
active and inactive voters shall be maintained as follows:
(1) County precinct books shall be used in municipal
elections when the county precinct boundaries and the municipal
precinct boundaries are the same and all registrants of the
precinct are entitled to vote in state, county and municipal
elections within the precinct or when the registration records of
municipal voters within a county precinct are separated and
maintained in a separate municipal section or book for that
county precinct and can be used either alone or in combination
with other precinct books to make up a complete set of
registration records for the municipal election precinct.
(2) Separate municipal precinct books may be maintained only
in cases where municipal or ward boundaries divide county
precincts to the extent that it is impractical to use county
precinct books or separate municipal sections of those precinct
books.
(3) No registration record may be removed from a municipal
registration record unless the registration is lawfully
transferred or canceled pursuant to the provisions of this
article in both the county and the municipal registration
records.
(c) No later than the first day of January, one thousand
nine hundred ninety-five, and within thirty days following the
entry of any annexation order or change in street names or
numbers, the governing body of an incorporated municipality shall
file with the clerk of the county commission a certified current
official municipal boundary map and a list of streets and ranges
of street numbers within the municipality to assist the clerk in
determining whether a voter's address is within the boundaries of
the municipality.
(d) Each county, so long as precinct registration books are
maintained, shall maintain a duplicate record of every active and
inactive voter registration in a county alphabetical file. The
alphabetical file may be maintained on individual paper forms,
or, upon approval of the secretary of state of a qualified data
storage program, may be maintained in digitized format. A
qualified data storage program shall be required to contain the
same information for each voter registration as the precinct
books, shall be subject to proper security from unauthorized
alteration and shall be regularly duplicated to backup data
storage to prevent accidental destruction of the information on
file.
§3-2-20. Establishment of a state uniform voter data system of
digitized electronic storage of voter registration records.
(a) For the purposes of this article, the term "state
uniform voter data system" means a uniform software program and
system of digitized electronic storage of voter registration
records.
(b) A state uniform voter data system shall be established
in the state to standardize voter registration record storage in
each county, to provide for the efficient maintenance and
correction of records, to provide for effective compliance with
the "National Voter Registration Act of 1993" (42 U.S.C. 1973gg),
to simplify record keeping, training and supervision, and to
improve information sharing and transfer capabilities.
(c) The state uniform voter data system shall include
uniform voter registration software, standard required data
elements, uniform security procedures and access requirements,
the capacity to interface with common word processing and other
software programs, the capacity to be used on a variety of
compatible computer hardware and the capacity to transmit data to
a central state computer.
(d) The secretary of state, in consultation with the state
election commission and an advisory committee appointed by the
commission, shall develop a comprehensive plan for the selection
and/or development of appropriate voter registration software and
for the development and implementation of pilot programs in at
least six counties in the state no later than the thirty-first
day of December, one thousand nine hundred ninety-five.
(1) The advisory committee shall include at least three
persons who serve as clerks of a county commission in the state,
two persons with expertise in computer technology and two
representatives of the general public. No person serving on the
advisory committee shall have any previous or current employment
with or significant financial interest in any company whichdevelops, offers for sale or provides service for any particular
voter registration or election software, or which offers for sale
computer hardware.
(2) Following the development of a proposed comprehensive
plan pursuant to this subsection, the secretary of state and the
advisory committee shall submit the plan to the state election
commission and shall make the plan available for public
inspection for at least thirty days prior to requesting proposals
or bids.
(3) The uniform software program licenses for the counties
shall be purchased with funds from the combined voter
registration and driver licensing fund established in section
twelve of this article.
(e) Full implementation of the uniform system within each
county of the state shall proceed as soon as possible, subject to
the extent of available funding and the limitations of time
periods immediately preceding and following elections, and shall
be completed in each county no later than the first day of July,
one thousand nine hundred ninety-nine.
(f) Counties which adopt and implement the state uniform
voter data system shall be eligible for reimbursement pursuant to
the provisions of subdivision (7), subsection (a), section twelve
of this article for the cost of conversion of existing data or
entry of the existing voter records and for the cost of voter
list maintenance procedures conducted jointly with other
participating counties.
§3-2-21. Maintenance of records in state uniform voter data
system in lieu of precinct record books.
(a) The clerk of the county commission of each county, upon
installation of the state uniform voter data system, shall
prepare a "Voter Registration Data System Record" book into which
all required records of appointments of authorized personnel,
tests, repairs, program alterations or upgrades and any other
action by the clerk of the county commission or by any other
person under supervision of the clerk affecting the programming
or records contained in the system, other than routine data
entry, alteration, use, transfer or transmission of records shall
be entered.
(b) The clerk of the county commission shall appoint all
personnel authorized to add, change or transfer voter
registration information within the state uniform voter data
system, and a record of each appointment and the date of
authorization shall be entered as provided in subsection (a) of
this section. The assignment and confidential record of assigned
system identification or authorized user code for each person
appointed shall be as prescribed by the secretary of state.
(c) Voter registration records entered into and maintained
in the state uniform voter data system shall include the
information required for application for voter registration, for
maintenance of registration and voting records, for conduct of
elections and for statistical purposes, as prescribed by the
secretary of state.
(d) No person shall make any entry or alteration of any
voter record which is not specifically authorized by law. Eachentry or action affecting the status of a voter registration
shall be based on information in an original voter registration
record, as defined in section eighteen of this article.
(e) The clerk of the county commission shall maintain,
within the data system, active and inactive voter registration
files, canceled voter registration files, pending application
files, and rejected application files, all as defined in section
eighteen of this article.
(f) Upon receipt of a completed voter registration
application, the clerk shall enter the information provided on
the application into the pending application file and initiate
the verification or notice of disposition procedure as provided
in section sixteen of this article. Upon completion of the
verification or notice of disposition, the voter record shall be
transferred to the proper file.
(g) Upon receipt of an application or written confirmation
from the voter of a change of address within the county, change
of name, change of party affiliation or other correction to a
registration record in the active voter registration file, the
change shall be entered in the record and the required notice of
disposition mailed.
(h) Upon receipt of an application or written confirmation
from the voter of a change of address within the county, change
of name, change of party affiliation or other correction to a
registration record in the inactive voter registration file, the
change shall be entered in the record, the required notice of
disposition mailed and the record transferred to the activeregistration file or returned to active status, and the date of
the transaction shall be recorded.
(i) Upon receipt of a notice of death, a notice of
conviction or a notice of a determination of mental incompetence,
as provided for in section twenty-three of this article, the date
and reason for cancellation shall be entered on the voter's
record and the record shall be transferred to the canceled voter
registration file.
(j) Upon receipt from the voter of a request for
cancellation or notice of change of address to an address outside
the county pursuant to the provisions of section twenty-two of
this article, or as a result of a determination of ineligibility
through a general program of removing ineligible voters as
authorized by the provisions of this article, the date and reason
for cancellation shall be entered on the voter's record and the
record shall be transferred to the canceled voter registration
file.
(k) At least once each month during a period prescribed by
the secretary of state, the clerk of the county commission of
each county utilizing the state uniform voter data system shall
transmit to the secretary of state, by electronic transmission or
by the mailing of one or more data disks or other approved means,
a copy of the active, inactive and pending application files as
of the date of transmission, for the purpose of comparison of
those records to the voter registration records of other counties
in the state and for any other list maintenance procedures
authorized by the provisions of this article.
(l) The secretary of state shall promulgate legislative
rules pursuant to the provisions of chapter twenty-nine-a of this
code establishing procedures for the elimination of separate
precinct registration books as the official active and inactive
voter registration files and for the use of the state uniform
voter data system to maintain all files, to produce voter lists
for public inspection and to produce precinct voter records for
election day use. Separate precinct registration books shall be
maintained pursuant to the provisions of section nineteen of this
article until all necessary provisions required for the conduct
of elections at the polling place and for the implementation of
the provisions of this chapter have been made. When a county is
authorized to use the state uniform voter data system exclusively
for all prescribed files, the clerk of the county commission
shall transfer the original voter records contained in the
precinct registration books to alphabetical record storage files
which shall be retained in accordance with the provisions of
section twenty-nine of this article, and any rules issued
pursuant thereto.
§3-2-22. Correction of voter records.
(a) Any registered voter who moves from one residence to
another within the county may file a request for change of
address on the voter registration records by completing and
signing, under penalty of perjury, as provided in section
thirty-six of this article, and filing:
(1) A change of address form at the office of the clerk of
the county commission or through any of the voter registrationoutreach services established pursuant to the provisions of
section eight of this article;
(2) A state or federal mail registration form;
(3) A change of address form for driver licensing purposes;
(4) A change of address form for voter registration purposes
at any authorized voter registration agency;
(5) A confirmation of change of address form received
pursuant to the provisions of section twenty-four, twenty-five,
twenty-six or twenty-seven of this article; or
(6) An affidavit of change of address at the polling place
of the precinct in which the new residence is located on election
day.
(b) Upon the receipt of any request for change of address as
provided in subsection (a) of this section, the clerk shall enter
the change, assign the proper county precinct number and, if
applicable, assign the proper municipal precinct number, and
issue an acknowledgement notice or mail that notice to the voter
at the new address.
(c) When the clerk of the county commission receives notice
that a voter may have moved from one residence to another within
the county from the United States postal service or through state
programs to compare voting registration records with records of
other official state or county agencies which receive, update and
utilize residence address information, the clerk shall enter the
change of address onto the voter registration record and send the
confirmation notice as prescribed in section twenty-six of this
article.
(d) Any registered voter who changes his or her legal name
through marriage or by order of the circuit court may file a
request for change of address on the voter registration records
by completing and signing, under penalty of perjury, as provided
in section thirty-six of this article, and filing:
(1) Any voter registration application form authorized by
this article; or
(2) An affidavit of change of legal name at the polling
place on election day.
(e) Upon the receipt of any request for change of legal name
as provided in subsection (d) of this section, the clerk shall
enter the change and issue an acknowledgement notice or mail the
notice to the voter.
(f) Any registered voter who desires to change his or her
political party affiliation may do so by filing, no later than
the close of voter registration for an election, any voter
registration application form authorized by the provisions of
this article. Upon receipt of a request for change of political
party affiliation, the clerk shall enter the change and issue an
acknowledgement notice or mail the notice to the voter.
(g) Any registered voter who finds an error in the
information on his or her voter registration record may request
a correction of the record by completing, signing and filing any
voter registration form authorized by the provisions of this
article, or an affidavit requesting such correction at the
polling place on election day:
Provided, That any voter who, in
a primary election, alleges the party affiliation entered on thevoter registration record at the polling place is incorrect and
who desires to vote the ballot of a political party for which he
or she does not appear to be eligible, may vote a challenged or
provisional ballot of the desired political party:
Provided,
however, That the ballot may be counted in the canvass only if
the original voter registration record contains a designation of
such political party which has been filed no later than the close
of registration for the primary election in issue.
§3-2-23. Cancellation of registration of deceased or ineligible
voters.
The clerk of the county commission shall cancel the
registration of a voter:
(a) Upon the voter's death as verified by:
(1) A death certificate from the registrar of vital
statistics or a notice from the secretary of state that a
comparison of the records of the registrar with the county voter
registration records show the person to be deceased;
(2) The publication of an obituary clearly identifying the
deceased person by name, residence and age corresponding to the
voter record; or
(3) An affidavit signed by the parent, legal guardian,
child, sibling or spouse of the voter giving the name and birth
date of the voter, and date and place of death;
(b) Upon receipt of an official notice from a state or
federal court that the person has been convicted of a felony, of
treason or bribery in an election, in which event, the clerk
shall enter a notation on the voter record of the date upon whichthe term of any sentence for such conviction will cease, unless
sooner vacated by court action or pardon;
(c) Upon receipt of a notice from the appropriate court of
competent jurisdiction of a determination of a voter's mental
incompetence;
(d) Upon receipt from the voter registration of a written
request to cancel the voter's registration, upon confirmation by
the voter of a change of address to an address outside the
county, upon notice from a voter registrar of another
jurisdiction outside the county or state of the receipt of an
application for voter registration in that jurisdiction, or upon
notice from the secretary of state that a voter registration
application accepted in another county of the state subsequent to
the last registration date in the first county, as determined
from a comparison of voter records;
(e) Upon failure to respond and produce evidence of
continued eligibility to register following the challenge of the
voter's registration pursuant to the provisions of section
twenty-eight of this article; or
(f) As required under the provisions of section twenty-seven
of this article.
§3-2-24. Systematic purging program for removal of ineligible
voters from active voter registration files using manual
voter registration system.
(a) In any county maintaining active voter registration
files only in paper records in precinct registration books and
alphabetical files, as provided in section nineteen of thisarticle, the systematic purging program provided in this section
shall begin with the mailing of the first notice no earlier than
the first day of October and no later than the first day of
November of each odd numbered year, and shall be completed no
later than the first day of February of the following year.
(b) The clerk of the county commission shall first send to
every voter whose registration is designated as active and who
has not updated his or her voter registration record since the
first day of January of the same year a notice by first class
mail, nonforwardable, address correction requested, the form of
which shall be prescribed or approved by the secretary of state.
The notice shall be addressed to the voter's residence address as
it appears on the voter registration card. The clerk shall group
the mailings by precinct, alphabetical grouping or zip code, and
shall record the date on which each grouping was mailed. Upon
the receipt of any such notices returned as undeliverable, the
clerk shall arrange them in alphabetical order within the
selected grouping.
(c) Not less than fourteen nor more than twenty-eight days
following the mailing of the first notice to each group, the
clerk shall prepare a list containing the name and address of
each voter within the group for whom the first notice was
returned as undeliverable. The list shall be titled "Systematic
Purging Program Notices" and shall include the name of the
county, name of the mailing group and the date of the preparation
of the list.
(d) The clerk shall then mail to each voter whose nameappears on the lists prepared pursuant to subsection (c) of this
section a confirmation notice in accordance with the provisions
of section twenty-six of this article and of Section 8(d)(2) of
the "National Voter Registration Act of 1993" (42 U.S.C. 1973gg).
All notices mailed to the voters of a particular mailing group
shall be mailed on the same day and the date of the mailing of
the notice shall be entered on the list. All such notices shall
be mailed no later than the thirty-first day of December.
(e) Upon receipt of any response or returned mailing sent
pursuant to the provisions of subsection (d) of this section, the
clerk shall immediately enter the date and type of response
received on the list of voters prepared pursuant to the
provisions of this section and shall then proceed in accordance
with the provisions of section twenty-six of this article. For
purposes of complying with the record-keeping and public
inspection requirements of the "National Voter Registration Act
of 1993" (42 U.S.C. 1973gg), and with the provisions of section
twenty-seven of this article, the lists shall be kept in a
binder, prepared for such purpose, in the order in which the
mailing groups were first given notice, and the binder shall be
available for public inspection. Information concerning whether
or not each person has responded to the notice shall be available
for public inspection as of the date the information is received.
(f) Any voter to whom a confirmation notice was mailed
pursuant to the provisions of subsection (d) of this section who
fails to respond to the notice or to update his or her voter
registration by the first day of February immediately followingthe completion of the program, shall be designated inactive by a
clear mark or tag, or placed within the inactive voter
registration file, as defined in section nineteen of this
article.
§3-2-25. Systematic purging program for removal of ineligible
voters from active voter registration files for counties
with state approved uniform voter data system; modified
program for counties using other digitized record storage
systems.
(a) In any county maintaining active voter registration
files in the state uniform voter data system, as defined in
section twenty of this article, the systematic purging program
provided for in this section shall begin no earlier than the
first day of October of each odd numbered year and shall be
completed no later than the first day of February of the
following year. The clerk of the county commission shall
transmit or mail on data disk to the secretary of state a copy of
the digitized records contained in the active voter registration
file as of the first day of October, to be received by the
secretary of state no later than the fifteenth day of October.
(b) Upon receipt of the voter records in data format, the
secretary of state shall provide for the comparison of data
records of all participating counties. The secretary of state
shall, based on the comparison, prepare a data file or printed
list for each county which shall include the voter registration
record for each voter shown on that county's list who appears to
have registered or to have updated a voter registration inanother county at a subsequent date. The resulting files and/or
lists shall be returned to the appropriate county and the clerk
of the county commission shall proceed with the confirmation
procedure for those voters as prescribed in section twenty-six of
this article.
(c) The secretary of state may provide for the comparison of
data records of participating counties with the data records of
the division of motor vehicles, the registrar of vital statistics
and with the data records of any other state agency which
maintains records of residents of the state, if the procedure is
practical and the agency agrees to participate. Any resulting
information regarding potentially ineligible voters shall be
returned to the appropriate county and the clerk of the county
commission shall proceed with the confirmation procedure as
prescribed in section twenty-six of this article.
(d) The records of all of the voters of all participating
counties not identified pursuant to the procedures set forth in
subsections (b) and (c) of this section shall be combined for
comparison with United States postal service change of address
information, as described in Section 8 (c)(A) of the "National
Voter Registration Act of 1993" (42 U.S.C. 1973gg). The
secretary of state shall contract with an authorized vendor of
the United States postal service to perform the comparison. Not
less than thirty percent nor more than fifty percent of the cost
of the change of address comparison procedure shall be paid for
from the combined voter registration and licensing fund
established in section twelve of this article and participatingcounties shall reimburse the fund for the balance of the cost
prorated on a per voter basis.
(e) The secretary of state shall return to each county the
identified matches of the county voter registration records and
the postal service change of address records.
(1) When the change of address information indicates the
voter has moved to a new address within the county, the clerk of
the county commission shall enter the new address on the voter
record in the active registration file and assign the proper
precinct.
(2) The clerk of the county commission shall then mail to
each voter who appears to have moved from the residence address
shown on the registration records a confirmation notice pursuant
to section twenty-six of this article and of section 8(d)(2) of
the "National Voter Registration Act of 1993" (42 U.S.C. 1973gg).
The notice shall be mailed, no later than the thirty-first day of
December, to the new address provided by the postal service
records or to the old address if a new address is not available.
(f) The clerk of the county commission shall prepare a list
containing the name and address of each voter to whom a
confirmation notice was mailed and the date on which the notice
was mailed. The list shall be titled "Systematic Purging Program
Notices" and shall include the name of the county and the date of
the preparation of the list and shall be arranged in alphabetical
order within precincts or for the entire county.
(g) Upon receipt of any response or returned mailing sent
pursuant to the provisions of subsection (e) of this section, theclerk shall immediately enter the date and type of response
received on the list of voters prepared pursuant to the
provisions of this section and shall then proceed in accordance
with the provisions of section twenty-six of this article.
(h) For purposes of complying with the record-keeping and
public inspection requirements of the "National Voter
Registration Act of 1993" (42 U.S.C. 1973gg), and with the
provisions of section twenty-seven of this article, the lists
shall be maintained either in printed form kept in a binder
prepared for such purpose and available for public inspection or
in read-only data format available for public inspection on
computer terminals set aside and available for regular use by the
general public. Information concerning whether or not each
person has responded to the notice shall be entered onto the list
upon receipt and shall be available for public inspection as of
the date the information is received.
(i) Any voter to whom a confirmation notice was mailed
pursuant to the provisions of subsection (e) of this section who
fails to respond to the notice or to update his or her voter
registration by the first day of February immediately following
the completion of the program, shall be designated inactive and
placed within the inactive voter registration file, as defined in
section nineteen of this article. Any voter designated inactive
shall be required to affirm his or her current residence address
upon appearing at the polls to vote.
(j) A county which uses a digitized data system for voter
registration other than the state uniform voter data system shallconduct the systematic purging program for removal of ineligible
voters from active voter registration files by contracting
directly with an authorized vendor of the United States postal
service for change of address information, at county expense, for
the identification of potentially ineligible voters, and upon
receipt of the list of matches, shall perform the steps required
by the provisions of subsections (e) through (i) of this section
within the same time limits and procedures required for those
counties participating in the state approved system.
(k) In addition to the preceding purging procedures, all
counties using the change of address information of the United
States postal service shall also, once each four years during the
period established for systematic purging in the year following
a presidential election year, conduct the same procedure by
mailing a confirmation notice to those persons not identified as
potentially ineligible through the change of address comparison
procedure but who have not updated their voter registration
records and have not voted in any election during the preceding
four calendar years. The purpose of this additional systematic
confirmation procedure shall be to identify those voters who may
have moved without filing a forwarding address, moved with a
forwarding address under another name, died in a another county
or state so that the certificate of death was not returned to the
clerk of the county commission, or who otherwise have become
ineligible.
§3-2-26. Confirmation notices for systematic purging program.
(a) For purposes of this article, a "confirmation notice"means a specific notice sent to a registered voter when that
voter appears to have moved or to have become ineligible to vote,
based on:
(1) A mailing returned as undeliverable as provided in
sections sixteen, seventeen and twenty of this article; or
(2) Information obtained through a systematic purging
program as provided in sections twenty-four and twenty-five of
this article.
(b) A confirmation notice shall be sent by first class,
forwardable mail and shall include a pre-addressed, postage
prepaid or business reply return card on which the registrant may
state his or her current address, together with a notice
prescribed by the secretary of state to meet the specific
requirements of Section 8(d)(2) of the "National Voter
Registration Act of 1993" (42 U.S.C. 1973gg).
§3-2-27. Procedure following sending of confirmation notices;
correction or cancellation of registrations upon response;
designation of inactive when no response; cancellation of
inactive voters; records.
(a) Upon receipt of a confirmation response card mailed
pursuant to the provisions of section twenty-six of this article
and returned completed and signed by the voter, the clerk shall
either:
(1) Update the voter registration by noting the confirmation
of the current address if no other changes are requested or by
entering any change of address within the county, change of name
or other correction requested by the voter; or
(2) Cancel the voter's registration if the voter confirms
that he or she has moved out of the county.
(b) Upon receipt of the confirmation notice returned
undeliverable, the clerk may either:
(1) Send a second confirmation notice to the old residence
address if the first notice was sent to a new address provided by
the postal service; or
(2) Designate the registration as "inactive" or transfer it
to the inactive voter registration file, as defined in section
nineteen of this article.
(c) If no response to the confirmation notice is received by
the first day of February following the mailing of the
confirmation notice, the clerk shall designate the registration
as "inactive" or transfer it to the inactive voter registration
file as provided in section nineteen of this article.
(d) An inactive voter registration shall be returned to
active status or transferred to the active voter registration
file upon the voter's application to update the registration or
to vote in any election while they remain on the inactive list.
(e) The clerk of the county commission shall cancel the
records of all voters on the inactive file who have not responded
to the confirmation notice, otherwise updated their voter
registrations or voted in any state, county or municipal primary,
general or special election held within the county during a
period beginning on the date of the notice and ending on the day
after the date of the second general election for federal office
which occurs after the date of the notice.
§3-2-28. Challenges; notice; cancellation of registration.
(a)
The registration of any registered voter may be
challenged by the clerk of the county commission, the secretary
of state, any registrar of the county, the chairman of any
political party committee or by any voter who shall appear in
person at the clerk's office. The person challenging the
registration shall complete a form prescribed by the secretary of
state giving the name and address of the voter and the reason for
challenge. The challenge shall be filed as a matter of record in
the office of the clerk of the county commission.
(b) Upon the receipt of a challenge, the clerk of the county
commission shall mail a notice of challenge to the registrant,
setting forth that the voter's registration will be canceled if
the voter does not appear in person during business hours at the
clerk's office within a period of thirty days from the mailing of
the notice and present evidence of his or her eligibility. The
form of the notice of challenge shall be prescribed by the
secretary of state and shall be mailed by certified mail, return
receipt requested.
(c) If the notice of challenge is returned as undeliverable
at the registration address, or if the challenged registrant does
not appear and present evidence of continued eligibility within
the prescribed time, the voter's registration shall be
immediately canceled. Returned mail or failure to appear shall
be prima facie evidence of the registrant's ineligibility. If
the registrant does timely appear and present evidence of his or
her eligibility, the clerk shall determine eligibility to beregistered as a voter as in any other case. If the reason for
ineligibility is that the voter does not reside at the address on
the registration and the voter presents evidence of residence
elsewhere in the county, the clerk of the county commission shall
accept a request for change of address and remove the challenge.
§3-2-29. Custody of original registration records and voter
registration data files.
(a) All original registration records and voter registration
data files shall remain in the custody of the county commission,
by its clerk, and shall not be removed except for use in an
election or by the order of a court of record or in compliance
with a subpoena duces tecum issued by the secretary of state
pursuant to the provisions of section six, article one-a of this
chapter.
(b) All original voter registration records shall be
retained for a minimum of five years following the last recorded
activity relating to the record, except that, any application
which duplicates and does not alter an existing registration
shall be retained for a minimum of two years following its
receipt. The secretary of state shall promulgate rules pursuant
to the provisions of chapter twenty-nine-a of this code for the
specific retention times and procedures required for original
voter registration records.
(c) Prior to the destruction of original voter registration
applications or registration cards of voters whose registration
has been canceled at least five years previously, the clerk of
the county commission shall notify the secretary of state of theintention to destroy those records. If the secretary of state
determines, within ninety days of the receipt of the notice, that
those records are of sufficient historical value that microfilm
or other permanent data storage is desirable, the secretary of
state may require that the records be delivered to a specified
location for processing at state expense.
(d) When a county maintains in digitized data format the
active, inactive, pending, rejected and canceled registration
files, a data format copy of each of the files shall be
maintained as a permanent record, as follows:
(1) Individual canceled registration records shall be
maintained in a regularly accessible data file for a period of at
least three years following cancellation. Upon the expiration of
three years, those individual records may be removed from the
regularly accessible canceled registration file and stored on
tape or disk. The records removed may be added to a single file
containing previously canceled registration records for permanent
storage, and the tape or disk shall be clearly labeled.
(2) Rejected registration record files shall be maintained
in the same manner as provided for canceled registration files.
(3) At least once each calendar year, during the month of
February, a data format copy of the active registration file,
inactive registration file and pending application file shall be
made, containing all records maintained in those files as of the
date of the copy. The copy shall be stored on tape or disk and
shall be clearly labeled with the types of files and the date the
copy was made.
§3-2-30. Public inspection of voter registration records in the
office of the clerk of the county commission; providing
voter lists for noncommercial use; prohibition against
resale of voter lists for commercial use or profit.
(a) The active, inactive, rejected and canceled voter
registration records shall be made available for public
inspection during office hours of the clerk of the county
commission in accordance with the provisions of chapter
twenty-nine-b of this code, as follows:
(1) When the active and inactive files are maintained on
precinct registration books, any person shall be allowed to
examine these files under the supervision of the clerk and obtain
copies of records, except when a precinct book is in temporary
use for updating and preparing lists, or during the time the
books are sealed for use in an election. Other original voter
registration records, including canceled voter records, pending
applications, rejected applications, records of change requests,
reinstatements and other documents shall be available for
inspection upon specific request.
(2) When the active, inactive, rejected and canceled voter
files are maintained in data format, any person shall be allowed
to examine voter record information in printed form or in a read-
only data format on a computer terminal set aside for public use,
if available. The data files available shall include all
registration and voting information maintained in the file,
except that the telephone number and social security number of
any voter shall not be available for inspection or copying in anyformat.
(b) Printed lists of registered voters may be purchased for
noncommercial use from the clerk of the county commission at a
cost of one cent per name.
(1) In counties maintaining active and inactive files on
precinct registration books only, a separate list for each of the
two major political parties and for voters registered independent
or other affiliation shall be prepared for each precinct. The
lists shall be arranged in alphabetical order or street order, as
the books are maintained, and shall include the name, residence
address and party affiliation of the voter, along with a
designation of inactive status where applicable. The lists shall
be prepared prior to the primary election, and the clerk shall
not be required to supplement or revise those lists as
registrations are added or canceled.
(2) In counties maintaining active and inactive files in
digitized data format, the clerk of the county commission shall,
upon request, prepare printed copies of the lists of voters for
each precinct. No list prepared under this section may include
the telephone number or social security number of the registrant.
The clerk shall establish a written policy, which shall be posted
within public view, listing the options which may be requested
for selection and sorting criteria and available data elements,
which shall include at least the name, residence address,
political party affiliation and status, and the format of the
lists and the times at which lists will be prepared. A copy of
the policy shall be filed with the secretary of state no laterthan the first day of January, one thousand nine hundred
ninety-five, and within thirty days after any change in policy.
(c) In counties which maintain voter files in a digitized
data format, lists of registered voters may be obtained for
noncommercial purposes in data format on disk provided and
prepared by the clerk of the county commission at a cost of one
cent per name plus ten dollars for each disk required. No data
file prepared under this subsection may include the telephone
number or social security number of the registrant.
(d) The fees received by the clerk of the county commission
shall be kept in a separate fund under the supervision of the
clerk for the purpose of defraying the cost of the preparation of
the voter lists. Any unexpended balance in the fund shall be
transferred to the general fund of the county commission.
(e) After the implementation of the state uniform voter data
system, the secretary of state may make voter lists available for
sale subject to the limitations as provided in this section for
counties, except that the cost shall be one and one-half cents
per name plus ten dollars for each disk required. One cent per
name for each voter from a particular county on each list sold
shall be reimbursed to the appropriate county and one-half cent
per name shall be deposited to a special account for purpose of
defraying the cost of the preparation of the lists.
(f) No voter registration lists or data files containing the
names, addresses or other information relating to voters derived
from voter data files obtained pursuant to the provisions of this
article may be used for commercial or charitable solicitations oradvertising, sold or reproduced for resale, or provided to any
person at less than the prescribed cost for any purpose other
than official use.
§3-2-31. Rules pertaining to voting after registration or change
of address within the county.
(a) A voter who designates a political affiliation with a
major party on a registration application filed at least thirty
days before the primary may vote the ballot of that political
party in the primary election. Political parties, through the
official action of their state executive committees, shall be
permitted to determine whether unaffiliated voters or voters of
other parties shall be allowed to vote that party's primary
election ballot upon request.
(b) A voter whose registration record lists one residence
address but the voter has since moved to another residence
address within the precinct shall be permitted to update the
registration at the polling place and vote without challenge for
that reason.
(c) A voter whose registration record lists one residence
address but the voter has since moved to another residence
address in a different precinct in the same county shall be
permitted to update the registration at the polling place serving
the new precinct and shall be permitted to vote a challenged or
provisional ballot at the new polling place. If the voter's
registration is found on the registration records within the
county during the canvass and no other challenge of eligibility
was entered on election day, the challenge shall be removed andthe ballot shall be counted.
(d) A voter whose registration record has been placed on an
inactive status or transferred to an inactive file and who has
not responded to a confirmation notice sent pursuant to the
provisions of section twenty-four, twenty-five or twenty-six of
this article and who offers to vote at the polling place where he
or she is registered to vote shall be required to affirm his or
her present residence address under penalty of perjury, as
provided in section thirty-six of this article.
§3-2-32. Unlawful registration or rejection of voter; penalties.
(a) Any registrar or clerk of the county commission who
knowingly registers or permits to be registered a person not
lawfully entitled to be registered, or who knowingly refuses to
register a person entitled to be registered, or who knowingly
assists in preventing such person from being registered, or who
inserts or intentionally permits to be inserted a name or other
entry in any registration form or file, knowing or having reason
to know that the entry should not be made, shall be guilty of a
misdemeanor, and, upon conviction, shall be fined not more than
one thousand dollars or confined in the county jail for not more
than one year, or both, in the discretion of the court.
(b) Any person who registers or applies to be registered, or
persuades or assists another to be registered, or who applies for
a change of residence address, knowing or having reason to know
that he or she is not entitled to be registered or to have his or
her residence address changed on the registration record, or any
person who declares an address known not to be his or her legalresidence or who impersonates another in an application for
registration, shall be guilty of a misdemeanor, and, upon
conviction, shall be fined not more than one thousand dollars or
confined in the county jail for not more than one year, or both,
in the discretion of the court.
§3-2-33. Neglect of duty by registration officers; penalties.
Any registrar or clerk of the county commission or his or
her authorized deputies or any other persons upon whom a duty is
imposed pursuant to the provisions of this article, or the rules,
regulations or directions promulgated or issued by the secretary
of state as the chief registration official of the state, who
shall willfully delay, neglect or refuse to perform such duty,
shall be guilty of a misdemeanor, and, upon conviction, shall be
fined not more than one thousand dollars or confined in the
county jail for not more than one year, or both, in the
discretion of the court.
§3-2-34. Alteration or destruction of records; penalties.
(a) Any
person who wrongfully and intentionally inserts or
permits to be wrongfully inserted any name or material entry on
any registration form, file or any other record in connection
with registration, or who wrongfully alters or destroys an entry
which has been duly made, or who wrongfully takes and removes any
such registration form, or any other record authorized or
required in connection with registration from the custody of any
person having lawful charge thereof, shall be guilty of a
misdemeanor, and, upon conviction, shall be fined not more than
one thousand dollars or confined in the county jail for not morethan one year, or both, in the discretion of the court.
(b) Any person, in the absence of specific authority
provided under the provisions of this article, destroys or
attempts to destroy any registration document or record, or who
removes or attempts to remove such registration document or
record, shall be guilty of a misdemeanor, and, upon conviction,
shall be fined not less than one hundred dollars nor more than
one thousand dollars or confined in the county jail for not more
than one year, or both, in the discretion of the court.
§3-2-35. Withholding information; penalties.
Any person who neglects to or refuses to furnish to the
secretary of state, to the county commission, or to the clerk of
the county commission any information which he or she is
authorized to obtain in connection with registration, or to
exhibit any records, papers or documents herein authorized to be
inspected by them, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not more than one thousand
dollars, or confined in the county jail for not more than one
year, or both, at the discretion of the court.
§3-2-36. Crimes and offenses relating to applications for
registration or change of registration; penalties.
(a) A person who willfully provides false information
concerning a material matter or thing on an application for
registration or change of registration, under oath, affirmation
or attestation, shall be deemed guilty of perjury; one who
induces or procures another person to do so shall be deemed
guilty of subordination of perjury.
(b) A person who knowingly offers any application for
registration or transfer of registration when the applicant
therein is not qualified to register or transfer his
registration, or any person who knowingly administers an oath or
affirmation to an applicant for registration or change of
registration when the application contains false information
concerning a material matter or thing, or any person who falsely
represents that an oath or affirmation was executed by an
applicant for registration or change of registration, shall be
guilty of a felony, and, upon conviction thereof, shall be
imprisoned in the penitentiary not less than one year nor more
than three years, or fined not less than five hundred dollars nor
more than five thousand dollars, or both fined and imprisoned,
or, in the discretion of the court, be confined in the county
jail for not more than one year, or fined not less than five
hundred dollars nor more than five thousand dollars, or both
fined and imprisoned.
§3-2-37. Effective date.
(a) Except as may otherwise be specifically provided in this
section, the provisions of this article shall take effect on the
first day of January, one thousand nine hundred ninety-five. The
provisions of this article relating to the preparation for
implementation of voter registration programs and procedures
under this article and under the "National Voter Registration Act
of 1993" (42 U.S.C. 1973gg), including sections three, five,
twelve, thirteen of this article and subsections (a) and (b),
section fourteen of this article and subdivision (4), subsection(b), section nineteen of this article and section twenty of this
article, shall take effect upon the effective date of this
article.
(b) All procedures and requirements established by the
previous enactment of this article, except the provisions of
subsection (d), section twenty-two of this article, shall
continue in effect until the thirty-first day of December, one
thousand nine hundred ninety-four inclusive, as if article two of
this chapter had not been amended.