List Maintenance Overview -- Article 7A of Chapter 163 and the NVRA - - PowerPoint PPT Presentation

Voter Roll List Maintenance Overview -- Article 7A of Chapter 163 and the NVRA

Prepared by R. Erika Churchill, Kara McCraw, and Kelly Quick Research Division April 2, 2014

ARTICLE 7A OF CHAPTER 163 --

HOW DOES A VOTER GET ON THE VOTER ROLLS UNDER NORTH CAROLINA LAW?

Voter Registration

• General Principles of voter registration

 Prerequisite to Voting. - A person is not permitted to vote who has not registered to vote.  County Board's Duty to Register. - A county board of elections must register every person qualified to vote in that county who makes an application in accordance with law.  Permanent Registration. - Every person registered to vote by a county board of elections must remain registered until one of the following occurs:

• 1. The registrant requests in writing to the county board of elections to be removed

from the list of registered voters.

• 2. The registrant becomes disqualified through death, conviction of a felony, or

removal out of the county.

• 3. The county board of elections determines that it can no longer confirm where the

voter resides, using the list maintenance procedures.

G.S. 163-82.1

Voter Registration Application Form

• The form can be used to:
• Register to vote
• Change party affiliation or unaffiliated status
• Report a change of address within a county
• Report a change of name
• Voter registration application forms may come from the State Board of Elections.
• In addition to the State Board form, other acceptable registration forms are:

– The form designed by the Federal Election Commission – The form developed by the NC Division of Motor Vehicles – The form developed by the NC Department of Health and Human Services – The form developed by the NC Employment Security Commission

G.S. 163-163-82.3

What happens when the form is submitted?

• The county board must do one of the following:

– Make a determination that the applicant is not qualified to vote at the address given. – Make a tentative determination that the applicant is qualified to vote at the address given, subject to the mail verification notice procedure.

• If denied, the county board must send notice of the denial by certified mail, within 2 business

days of denial. The denial may be appealed by the applicant.

• If a tentative determination is made that the applicant is qualified to vote, then the county

board must verify the address by mail.

G.S. 163-82.7

Mail Verification Notice Procedure

• Step 1. – County board sends a notice to the applicant by non-forwardable mail to

the address given by the applicant on the voter registration form. The notice must include the applicant’s precinct and voting place where the applicant will be assigned if the applicant is registered as a voter.

• Step 2. – County board registers the applicant as a voter if the notice is not

returned by the U.S. Postal Service as ‘undeliverable’.

• Step 3. – County board sends a second notice if the first is returned by the U.S.

Postal Service. If the second notice is not returned by the U.S. Postal Service as ‘undeliverable,’ the county board must register the applicant.

• Step 4. – County board must deny any applicant if both notices are returned

‘undeliverable’, with no further need to notify the applicant.

G.S. 163-82.7

HOW DOES A VOTER GET OFF THE VOTER ROLLS UNDER NORTH CAROLINA LAW?

List Maintenance

• The State Board of Elections must adopt a uniform program that makes a

diligent effort at least twice each year to:

– Remove the names of ineligible voters from the official lists of eligible voters – Update the addresses and other necessary data of persons who remain on the official lists of eligible voters

• The uniform program must:

– Comply with the provisions of the Voting Rights Act of 1965 (VRA) – Comply with the provision of the National Voter Registration Act (NVRA)

• The uniform program may:

– Use address-updating services provided by the U.S. Postal Service – Use data-sharing agreements with other states to cross-check information

G.S. 163-82.14

When can a voter be removed?

• Death

– The State Board sends a list of deceased NC residents that comes from information DHHS provides on a monthly basis based on death certificates filed in the previous month. The county board must remove names from the voter list that match up with those on the deceased list. – The county board must remove a voter identified as deceased by a signed statement of a near relative or personal representative of the estate.

• Felony conviction

– The county board receives notice of State and federal felony convictions from the State Board. The county board must mail a notice to the voter, giving the voter 30 days to object to the removal of their name from the voter rolls. If no

• bjection is made, the voter is removed. If objection is made, the chairman of

the county board shall treat it as a challenge.

G.S. 163-82.14

When can a voter be removed?

• Change of Address

– The county board must conduct systematic reviews to remove voters who have moved out of the county, and to update records of voters who move within the county. – A voter must be removed if either of the following occur:

• 1. The voter gives written confirmation of a change of address out of

county.

• 2. The voter fails to respond to a confirmation mailing AND does not vote,
• r appear to vote, in two consecutive U.S. House of Representative

elections. – Any registered voter removed due to the change of address provisions must be reinstated if the voter appears to vote and gives affirmation (written or

• ral) that the voter has maintained residence continuously within the county.

That voter is permitted to vote.

G.S. 163-82.14

What is “Confirmation in Writing” of a change in address?

• Any of the following:

A report to the county board from DOT or from a voter registration agency that the voter has reported a change of address for voting purposes

• utside the county.

A notice of cancellation requested by the voter registering to vote in another county. A notice of cancellation requested by the voter registering to vote in a jurisdiction outside the State.

G.S. 163-82.14

What is a “confirmation mailing”?

• A postage prepaid and preaddressed return card, sent by

forwardable mail, that contains all of the following:

– A space for the registrant to state their current address. – A notice that if the registrant did not change residence but remained in the county, the registrant should return the card not later than the 25th day before the primary or election. – Information as to how the registrant may continue to be eligible to vote if the registrant has moved outside the county.

• A county board shall send a confirmation mailing to every

registrant after every congressional election if the county board has not confirmed the registrant's address by another means.

G.S. 163-82.14

WHAT DOES THE NVRA SAY ABOUT LIST MAINTAINENCE?

National Voter Registration Act (NVRA)

• Requires states to conduct a general program

that makes a reasonable effort to remove the names of ineligible voters by reason of death and change of address.

• Requirement may be met by establishing a

program under which change of address information is supplied by the U.S. Postal Service and verified by a notice to the voter.

42 USC 1973gg-6

Removal of Names under NVRA

• States may NOT remove voters in elections for

federal office due to change of address unless the voter does one of the following:

– Confirms the move outside of the county in writing. – Fails to respond to a mailing AND does not vote or appear to vote in two consecutive federal elections.

42 USC 1973gg-6

What does NVRA say about voting if your name is removed and you appear to vote?

• If the voter is in the same polling place, the

voter shall be allowed to vote upon oral or written affirmation of the change of address.

• If the voter is within the same county & same

congressional district, the voter may update the record and vote.

42 USC 1973gg-6