Section 3-7-38.2-2 - [Effective 1/1/2025] Requirements for voter list maintenance programs; county voter registration office voter list maintenance programs; inactive voters, criteria for determining; removal of voter registration record(a) Except as provided in subsection (b) or (c), a voter list maintenance program conducted under this chapter must: (1) be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 (52 U.S.C. 10101);(2) not result in the removal of the name of a person from the official list of voters solely due to the person's failure to vote; and(3) be completed not later than ninety (90) days before a primary or general election.(b) A voter list maintenance program conducted under this chapter in a year other than a year in which a general election is conducted must:(1) comply with the requirements set forth in subsection (a)(1) and (a)(2); and(2) be completed not later than twenty-nine (29) days before a municipal election or special election (other than for a federal office) is conducted.(c) If a special election is required for a vacancy in a federal office in a year in which a general election is not conducted, the voter list maintenance program conducted under this chapter must:(1) comply with the requirements of subsection (a)(1) and (a)(2); and(2) be completed not later than ninety (90) days before the date that the special election is conducted. A voter list maintenance program may also be conducted under this section in a calendar year following the date of the special election if the program is completed no later than the deadline set forth in subsection (a).
(d) A county voter registration office may conduct a voter list maintenance program that complies with subsection (a). In conducting a voter list maintenance program, the county voter registration office shall mail a notice described in subsection (f) to each voter whose registration has not previously been canceled or designated as inactive under this chapter at the mailing address: (1) listed in the voter's registration record; and(2) determined by the county voter registration office not to be the voter's current residence address.(e) A county voter registration office may use information only from the following sources to make the determination under subsection (d)(2): (1) The United States Postal Service National Change of Address Service.(2) A court regarding jury duty notices returned because of an unknown or insufficient address.(3) The return of a mailing sent by the county voter registration office to all active voters (as defined in IC 3-11-18.1-2) in the county because of an unknown or insufficient address.(4) The bureau of motor vehicles concerning the surrender of a voter's Indiana license for the operation of a motor vehicle to another jurisdiction.(5) The return by the United States Postal Service after the expiration of the seven (7) day pending period of a notice regarding the disposition of a voter registration application under IC 3-7-33-5 because of an unknown or insufficient address.(6) The return of a mailing sent to voters of a precinct advising voters of a change of precinct boundary or the precinct polling place because of an unknown or insufficient address, if the county sends a similar mailing to the voters of each precinct when a boundary or polling place is changed.(7) Information received from the election division under section 5 of this chapter or section 16 of this chapter.(8) A declination to register by the voter stating that the voter resides at an address different from the address on the voter's registration record.(9) Information received from the election division as a result of a comparison between: (A) a voter registration address; and(B) commercially available data, such as data from a credit agency.(f) The notice described in subsection (d) must:(1) be sent by first class United States mail, postage prepaid, by a method that requires the notice to be forwarded to the voter; and(2) include a postage prepaid return card that:(A) is addressed to the county voter registration office;(B) states a date (which must be at least thirty (30) days after the date the notice is mailed) by which the card must be returned or the voter's registration will become inactive until the information is provided to the county voter registration office; and(C) permits the voter to provide the voter's current residence address.(g) If a voter returns the card described in subsection (f)(2) and provides a current residence address that establishes that the voter resides:(1) in the county, the county voter registration office shall update the voter's registration record; or(2) outside the county, the county voter registration office shall cancel the voter's registration.(h) If a card is returned as undeliverable due to an unknown or insufficient address by the United States Postal Service after the date specified in subsection (f)(2)(B), the county voter registration office shall, when registration reopens after the next primary, general, or municipal election, determine whether the voter voted or appeared to vote from the address set forth in the registration record at any election occurring after the final day for completing voter list maintenance activities, and if not, then designate the voter as inactive.(i) If a voter does not return the card described in subsection (f)(2) by the date specified in subsection (f)(2)(B), the county voter registration office shall indicate in the voter's registration record that the voter's registration is inactive.(j) A voter's registration that becomes inactive under subsection (h) or (i) remains in inactive status from the date described in subsection (f)(2)(B) until the earlier of the following:(1) The date the county voter registration office updates or cancels the voter's registration under subsection (g) after the voter provides a current residence address.(2) The day after the second general election in which the voter has not voted or appeared to vote.(k) After the date described in subsection (j)(2), the county voter registration office shall remove the voter's registration from the voter registration records.Amended by P.L. 65-2024,SEC. 15, eff. 1/1/2025.Amended by P.L. 141-2020,SEC. 5, eff. 7/1/2020.Amended by P.L. 157-2019,SEC. 7, eff. 7/1/2019.Amended by P.L. 201-2017,SEC. 3, eff. 7/1/2017.Amended by P.L. 169-2015, SEC. 40, eff. 5/5/2015.Amended by P.L. 128-2015, SEC. 120, eff. 5/4/2015, retroactive.Amended by P.L. 64-2014, SEC. 21, eff. 3/24/2014.Amended by P.L. 258-2013, SEC. 59, eff. 7/1/2013.As added by P.L. 3-1997, SEC.104. Amended by P.L. 209-2003, SEC.63; P.L. 14-2004, SEC.49; P.L. 164-2006, SEC.33; P.L. 1-2007, SEC.1.This section is set out more than once due to postponed, multiple, or conflicting amendments.