(1)
(a)
Correspondence by mail from the county clerk and recorder to a registered elector of a county must include, at a minimum, the elector's name and address.
(b)
(I)
Except as provided in subparagraph (II) of this paragraph (b), if correspondence described in paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector's registration record "Inactive" and mail the elector a confirmation card.
(II)
If correspondence described in paragraph (a) of this subsection (1) is returned by the United States postal service as undeliverable and the elector's registration record is already marked "Inactive", the county clerk and recorder shall not modify the record and may not mail the elector a confirmation card.
(c)
If an elector's confirmation card is not returned to the county clerk and recorder as undeliverable, the county clerk and recorder shall not change the elector's registration record.
(2)
Repealed.
(3)
Any registered elector whose registration record is marked "Inactive" is eligible to vote in any election where registration is required if the elector meets all other requirements.
(4)
A county clerk and recorder shall mark an "Inactive" elector's registration record as "Active" if:
(a)
The elector updates his or her registration information; or
(b)
The elector votes in an election conducted by a county clerk and recorder or an election for which the registration information has been provided to the clerk and recorder; or
(c)
(Deleted by amendment, L. 2013.)
(d)
The elector completes, signs, and returns a confirmation card or change of address card.
(5)
If an active elector's mail ballot is returned to the county clerk and recorder by the United States postal service as undeliverable, the county clerk and recorder shall mark the elector's registration record "Inactive" and send to the elector a confirmation card by which the elector may verify or correct the address information. If the elector verifies that he or she has moved within the state, the county clerk and recorder shall forward the address information to the county clerk and recorder of the county in which the voter resides to update the elector's registration record with the new address. If the elector verifies that he or she has moved outside the state, the county clerk and recorder shall cancel the elector's registration record. If the elector fails to respond, the county clerk and recorder shall leave the registration record of that elector marked "Inactive".
(6)
(Deleted by amendment, L. 2013.)
(7)
If an elector whose registration record is marked "Inactive" fails to update his or her registration record, fails to respond to any confirmation card, and fails to vote in any election conducted by the county clerk and recorder during the time period that includes two consecutive general elections since the elector's registration record was marked "Inactive", the county clerk and recorder shall cancel the elector's registration record. Nothing in this section allows an elector's registration record to be canceled solely for failure to vote.
(8)
No later than ninety days following any general election, the county clerk and recorder shall furnish to the county chairperson of each major political party a list containing the names, addresses, precinct numbers, and party affiliations of the electors whose registration records were canceled pursuant to this section.
(9) to (11)
(Deleted by amendment, L. 2013.)
History
Amended by
2016
Ch.
126
,
§
5
, eff.
4/21/2016
.
Amended by
2013
Ch.
185
,
§
26
, eff.
5/10/2013
.
L. 97: Entire part added with relocations, p. 467, § 1, effective July 1. L. 99: (6)(a), (8), and (10) amended, p. 760, § 14, effective May 20; (1)(a), (5), (6)(b), and (7) amended, p. 279, § 4, effective August 4. L. 2005: (10) amended, p. 1396, § 10, effective June 6; (10) amended, p. 1431, § 10, effective June 6. L. 2007: (1)(a), (4)(c), and (6)(b) amended, p. 1777, § 11, effective June 1. L. 2008: (1)(a)(I) amended, p. 1875, § 1, effective June 2; (2) amended and (11) added, pp. 1742, 1743, §§ 1, 3, effective July 1. L. 2009: (5) amended,
(HB
09
-1216), ch.
165
, p. 728
,
§
2
, effective August 5. L. 2010: (7) amended,
(HB
10
-1116), ch.
194
, p. 832
,
§
8
, effective May 5. L. 2012: (6)(b) and (8) amended, (HB 12-1292), ch. 181, p. 678, § 7, effective May 17. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 700, § 26, effective May 10. L. 2016: (1)(a) and (1)(b) amended and (2) repealed, (HB 16-1093), ch. 126, p. 360, § 5, effective April 21.
Editor's Note
This section is similar to former § 1-2-224 as it existed prior to 1997.