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Committee Substitute House Bill 2843 History

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COMMITTEE SUBSTITUTE

FOR

H. B. 2843

(By Delegates Mahan, Faircloth, Pethtel, Pino,

Fleischauer, Palumbo and Schadler)


(Originating in the Committee on the Judiciary)

[February 11, 2003]


A BILL to repeal section twenty, article two, chapter three of the code of West Virginia, one thousand nine hundred thirty-one , as amended; to amend and reenact sections twenty and forty- one, article one of said chapter three; to further amend said article one by adding thereto three new section s, designated sections forty-eight, forty-nine and fifty; to amend and reenact sections three, five, ten and nineteen, article two of said chapter three; and to further amend said article two by adding thereto a new section, designated section four-a, all relating to federal election procedures; providing for procedures when voting a provisional ballot; establishing a state election fund; setting new standards for voting systems; providing for state-based administrative complaint procedures; authorizing the secretary of state to establish and maintain a statewide voter registration list; and providing for stricter identification procedures for voter registration.

Be it enacted by the Legislature of West Virginia:
That section twenty, article two, chapter three of the code of West Virginia, one thousand nine hundred thirty-one
, as amended , be repealed; that sections twenty and forty-one, article one, of said chapter three be amended and reenacted; that said article one be further amended by adding thereto three new sections, designated sections forty-eight, forty-nine and fifty ; that sections three, five, ten and nineteen, article two of said chapter three be amended and reenacted; and that said article two be further amended by adding thereto a new section, designated section four-a, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-20. Cards of instructions to voters; sample ballots; posting.
The board of ballot commissioners of each county shall provide cards of general information including the date of the election and the hours during which polling places will be open, instructions for mail-in registrants and first-time voters, and voters rights and prohibitions against fraud and misrepresentation and cards of instruction for voters in preparing their ballots, and casting a challenged ballot as prescribed by the secretary of state. They shall furnish a sufficient number of cards to the commissioners of election at the same time they deliver the ballots for the precinct.
The commissioners of election shall post one instruction card in each voting booth giving instructions to the voters on how to prepare the ballots for deposit in the ballot boxes and how to obtain a new ballot in place of one accidentally spoiled.
The commissioners of election shall post one or more other cards of general information at places inside and outside of the voting place where voters pass or wait to vote.
The ballot commissioners shall also cause to be printed, on a different color paper than the official ballot, ten or more copies of the ballots provided for each voting place, at each election therein, which shall be designated sample ballots, and shall be furnished and posted with the cards of general information at each voting place.
§3-1-41. Challenged voter procedures; counting of challenged voters' ballots; ballots of election officials.
It shall be the duty of the members of the receiving board, jointly or severally, to challenge the right of any person requesting a ballot to vote in any election, if such person's registration record is not available at the time of the election, or if the signature written by the person in the poll book does not correspond with the signature purported to be his on the registration record, or if the registration record of such person indicates any other legal disqualification.
Any person so challenged shall nevertheless be permitted to vote in the election, but for that purpose he shall be furnished an official ballot not endorsed by the poll clerks. In lieu of such endorsements, the poll clerks shall fill and sign an appropriate form indicating the challenge and the reason thereof, and the name or names of the challengers. Such form shall be securely attached to the voter's ballot and deposited together with the ballot in a separate box or envelope marked "challenged ballots."
At the time that an individual casts a provisional ballot, the poll clerk shall give the individual written information that states that any individual who casts a provisional ballot will be able to ascertain under the free access system established in this section whether the vote was counted and, if the vote was not counted, the reason that the vote was not counted.
The ballot of any voter so challenged shall not be counted by the election officials. The county court [county commission] shall, on its own motion, at the time of canvassing of the election returns, sit in session to determine the validity of such challenges. If the county court [county commission] shall determine that the challenges are unfounded the ballot of each challenged voter, if otherwise valid, shall be counted and tallied together with the regular ballots cast in the election. In such determinations the county court [county commission] shall disregard technical errors, omissions or oversights, if it can reasonably be ascertained that the challenged voter was entitled to vote.
Any person duly appointed as an election commissioner or clerk under the provisions of section twenty-eight of this article and who serves in such capacity in a precinct other than the precinct in which such person is legally entitled to vote, may cast a challenged ballot in the precinct in which such person is serving as a commissioner or clerk, and such ballot shall not be deemed invalid for the sole reason of having been cast in a precinct other than the precinct in which such person is legally entitled to vote, and the county court [county commission] shall record the challenged ballot on the voter's permanent registration record.
The secretary of state shall establish a free access system (such as a toll-free telephone number or an internet website) that any individual who casts a challenged ballot may access to discover whether the vote of that individual was counted and, if the vote was not counted, the reason that the vote was not counted.
§3-1-48. State election fund.
There is hereby created in the state treasury a special revenue account to be known as the "State Election Fund" account. Expenditures from the account shall be used by the secretary of state for the administration of the Help America Vote Act of 2002, Public Law 107-252. All federal funds provided in accordance with the Help America Vote Act shall be deposited into the account.
§3-1-49. Voting system standards.
(a) In accordance with the Help America Vote Act of 2002, Public Law 107-252, each voting system used in an election for federal office shall:
(1) Permit the voter to verify (in a private and independent manner) the votes selected by the voter on the ballot before the ballot is cast and counted;
(2) Provide the voter with the opportunity (in a private and independent manner) to change the ballot or correct any error before the ballot is cast and counted (including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error); and
(3) If the voter selects votes for more than one candidate for a single office: (A) Notify the voter that the voter has selected more than one candidate for a single office on the ballot; (B) notify the voter before the ballot is cast and counted of the effect of casting multiple votes for the office; and (C) provide the voter with the opportunity to correct the ballot before the ballot is cast and counted: Provided, That a county that uses a paper ballot voting system, a punch card voting system, or a optical scan voting system (including mail-in absentee ballots), may meet the requirements of this paragraph by establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office; and providing the voter with instructions on how to correct the ballot before it is cast and counted (including instructions on how to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error).
(4) Ensure that any notification required under this section preserves the privacy of the voter and the confidentiality of the ballot.
(b) Each voting system used in an election for federal office shall produce a record with an audit capacity for such system which shall meet the following requirements:
(1) Produce a permanent paper record with a manual audit capacity for such system; and
(2) Provide the voter with an opportunity to change the ballot or correct any error before the ballot is cast and counted and before the permanent paper record is produced.
(c) Each voting system used in an election for federal office shall be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters: Provided, That the provisions of this subsection may be satisfied through the use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place.
§3-1-50. Establishment of state-based administrative complaint procedures.
The secretary of state shall establish and maintain a state- based administrative complaint procedure for complaints received concerning election violations which shall meet the following requirements:
(1) The procedures shall be uniform and nondiscriminatory.
(2) Under the procedures, any person who believes that there is a violation of any provision of this chapter (including a violation which has occurred, is occurring, or is about to occur) may file a complaint.
(3) Any complaint filed under the procedures shall be in writing and notarized, and signed and sworn by the person filing the complaint.
(4) The secretary of state may consolidate complaints filed under this section.
(5) At the request of the complainant, there shall be a hearing on the record.
(6) If, under the procedures, the secretary of state determines that there is a violation of any provision of this chapter, the secretary of state shall provide the appropriate remedy.
(7) If, under the procedures, the secretary of state determines that there is no violation, the secretary of state shall dismiss the complaint and publish the results of the procedures.
(8) The secretary of state shall make a final determination with respect to a complaint prior to the expiration of the ninety day period which begins on the date the complaint is filed, unless the complainant consents to a longer period for making such a determination.
(9) If the secretary of state fails to meet the deadline applicable under subdivision (8), the complaint shall be resolved within sixty days under alternative dispute resolution procedures established for purposes of this section. The record and other materials from any proceedings conducted under the complaint procedures established under this section shall be made available for use under the alternative dispute resolution procedures.
ARTICLE 2. REGISTRATION OF VOTERS.
§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 voter registration records in the state, and shall have authority to require reports and investigate violations to ensure the proper conduct of voter registration throughout the state and all of its subdivisions.
(b) The secretary of state, as chief election official of the state, is responsible for implementing, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the state level that contains the name and registration information of every legally registered voter in the state and assigns a unique identifier to each legally registered voter in the state.
(c) 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.
§3-2-4a. Statewide voter registration list.
(a) The secretary of state shall implement and maintain a single, official, statewide, centralized, interactive computerized voter registration list of every legally registered voter in the state and shall assign a unique voter registration identifier to each legally registered voter in the state, which shall include the following:
(1) The computerized list shall serve as the single system for storing and managing the official list of registered voters throughout the state.
(2) The computerized list contains the name and registration information of every legally registered voter in the state.
(3) Under the computerized list, a unique identifier is assigned to each legally registered voter in the state.
(4) The computerized list shall be coordinated with other agency databases within the state.
(5) The secretary of state and any clerk of the county commission, may obtain immediate electronic access to the information contained in the computerized list
(6) Voter registration information obtained by any clerk of the county commission in the state shall be electronically entered into the computerized list on an expedited basis at the time the information is provided to the clerk.
(7) The secretary of state shall provide such support as may be required so that the clerk of the county commission is able to enter information as described in subdivision (6) of this subsection.
(8) The computerized list shall serve as the official voter registration list for the conduct of all elections for in the state.
(b) The secretary of state or the clerk of the county commission shall perform list maintenance with respect to the computerized list on a regular basis as follows:
(1) If an individual is to be removed from the computerized list, such individual shall be removed in accordance with the provisions of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.).
(2) For purposes of removing names of ineligible voters from the official list of eligible voters under section 8(a)(3)(B) of such Act (42 U.S.C. 1973gg- 6(a)(3)(B)), the secretary of state shall coordinate the computerized list with state agency records on felony status; and by reason of the death of the registrant under section 8(a)(4)(A) of such Act (42 U.S.C. 1973gg- 6(a)(4)(A)), the secretary of state shall coordinate the computerized list with state agency records on death.
(c) The list maintenance performed under subsection (b) shall be conducted in a manner that ensures that:
(1) The name of each registered voter appears in the computerized list;
(2) Only voters who are not registered or who are not eligible to vote are removed from the computerized list; and
(3) Duplicate names are eliminated from the computerized list.
(d) The secretary of state and clerk of the county commission shall provide adequate technological security measures to prevent the unauthorized access to the computerized list established under this section.
(e) The secretary of state shall ensure that voter registration records in the state are accurate and are updated regularly, including the following:
(1) A system of file maintenance that makes a reasonable effort to remove registrants who are ineligible to vote from the official list of eligible voters. Under such system, consistent with the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.), registrants who have not responded to a notice and who have not voted in two consecutive general elections for Federal office shall be removed from the official list of eligible voters, except that no registrant may be removed solely by reason of a failure to vote.
(2) Safeguards to ensure that eligible voters are not removed in error from the official list of eligible voters.
(f) Applications for voter registration may only be accepted when the following information is provided:
(1) Except as provided in subdivision two of this subsection, notwithstanding any other provision of law, an application for voter registration may not be accepted or processed unless the application includes either: (A) In the case of an applicant who has been issued a current and valid driver's license, the applicant's driver's license number; or (B) in the case of any other applicant (other than an applicant to whom subsection two applies), the last four digits of the applicant's social security number.
(2) If an applicant for voter registration has not been issued a current and valid driver's license or a social security number, the secretary of state shall assign the applicant a number which will serve to identify the applicant for voter registration purposes. To the extent that the state has a computerized list in effect under this section and the list assigns unique identifying numbers to registrants, the number assigned under this section shall be the unique identifying number assigned under the list.
(g) The secretary of state and the commissioner of the division of motor vehicles shall enter into an agreement to match information in the database of the statewide voter registration system with information in the database of the motor vehicle authority to the extent required to enable each such official to verify the accuracy of the information provided on applications for voter registration.
(h) The commissioner of the division of motor vehicles shall enter into an agreement with the commissioner of social security under section 205(r)(8) of the Social Security Act.
§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's license 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 Registration Act 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;
(4) The last four digits of the applicant's social security number or the applicant's driver's license number; and
(4)(5) 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, if any, and last name;
(2) The month, day and year of the applicant's birth;
(3) 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 or family 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; and
(4) The applicant's signature, under penalty of perjury, as provided in section thirty-six [§ 3-2-36] of this article, to the attestation of eligibility to register to vote and to the truth of the information given.
(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 residence mailing address, if different than the residence street address;
(4) The last four digits of the applicant's social security number;
(5) The applicant's telephone number;
(6) The address at which the applicant was last registered to vote, if any, for the purpose of canceling or transferring the previous registration;
(7) The applicant's gender; and
(8) The date the application is signed.
(e) The secretary of state shall prescribe the printing specifications 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.
§3-2-10. 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.
(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 make state 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 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; 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. and who has not previously voted in an election in the state or if the statewide voter registration has not yet been implemented, the voter has not previously voted in the county shall be required to present the following forms of identification to the secretary of state or clerk of the county commission:
(1) In the case of an individual who votes in person, a current and valid photo identification; or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter;
(2) In the case of an individual who votes by mail, submits with the ballot a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.
(h) An individual who desires to vote in person or by mail, but who does not meet the requirements of subsection (g), may cast a provisional ballot.
(i) Subsection (g) shall not apply in the case of a person:
(1) Who registers to vote by mail under section 6 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) and submits as part of such registration either a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or government document that shows the name and address of the voter;
(2)(A) Who registers to vote by mail under section 6 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) and submits with such registration either a driver's license number or at least the last four digits of the individual's social security number; and (B) with respect to whom the secretary of state or clerk of the county commission matches the information submitted under paragraph (A) with an existing state identification record bearing the same number, name and date of birth as provided in such registration; or
(3) Who is: (A) Entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 et seq.); (B) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 24 U.S.C. 1973ee-1(b)(2)(B)(ii)); or 25 (iii) entitled to vote otherwise than in person under any other Federal law; 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) (j) 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 of entering 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.
§3-2-19. 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 statewide voter registration state uniform data system is adopted pursuant to the provisions of section twenty four-a 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 [§ 3- 2-27] of this article 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 a separate 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) Upon request of the municipality, and if the clerk of the county commission does not object, separate municipal precinct books shall be maintained in cases where municipal or ward boundaries divide county precincts and it is impractical to use county precinct books or separate municipal sections of those precinct books. If the clerk of the county commission objects to the request of a municipality for separate municipal precinct books, the state election commission must determine whether the separate municipal precinct books should be maintained.
(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.
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