Hawaii Regulations § 3-177-157 National Voter Registration Act of 1993, as amended; general program to remove ineligible voters, using change of address information supplied by the postal service

Regulation Text

(a) The clerk shall, in accordance with Section 8(a)(4) of the National Voter Registration Act of 1993, as amended, conduct a general program that makes a reasonable effort to remove the names of ineligible voters by reason of death or change in residence, in accordance with Section 8 (b), (c), and (d), from the lists of eligible voters.

(b) The clerk may meet the requirements of subsection (a) of this rule by establishing a program under, which

(1) Change-of-address information supplied by the U.S. Postal Service through its licensees is used to identify registrants whose addresses may have changed; and

(2) If it appears from information provided by the U.S. Postal Service that-

(A) A registrant, has moved to a different, residence address in the same county in which the registrant is currently registered, the clerk changes the registration record to show the new address and sends the registrant a notice of the change by forwardable mail. and a postage prepaid preaddressed return form by which the registrant may verify or correct the address information; or

(B) The registrant has moved to a different residence address not. in the same county, the clerk, uses the notice procedure described in Section 8(d)(2) of the National Voter Registration Act of 1993, as amended, to confirm the change of address.

(c) The clerk's use of change-of-address information supplied by the U.S. Postal Service through its licensees to identify registrants whose addresses may have changed, as described in subsection (b), to meet the requirements of subsection (a), does not preclude the clerk from using a different program to meet the requirements of subsection (a). The clerk may use other bases to justify using the notice procedure described in Section 8(d)(2) of the National Voter Registration Act of 1993, as amended, to remove registrants due to a change in residence including, but not limited to, the following:

(1) Sending a notice to every registered voter at specified intervals (e.g. once a year or before an election);

(2) Sending a notice to those who have turned in their driver licenses;

(3) Sending a notice to those who have not voted or engaged in any voter activity for a period of two years. "Voter activity" means casting a ballot in any election, filing a voter registration form, making a written request for an absentee ballot, updating a voting address, or otherwise initiating contact with election officials that results in a notation in the voter's registration record; or

(4) Sending a notice to those that a government agency has informed election officials have moved out of the county.

(d) The clerk shall not remove the name of a registrant from the voter registration rolls on the ground that the registrant has changed residence unless the registrant-

(1) Confirms in writing that the registrant has changed residence to a place outside the county in which the registrant is registered; or

(2) Has failed to respond to a notice described in subsection (i) of this rule and has not voted or appeared to vote (and, if necessary, correct the clerk's record of the registrant's address) in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice.

(e) A "confirmation notice" is a postage prepaid and pre-addressed return card, sent by forwardable mail, on which the registrant may state his or her current address, together with a notice to the following effect:

(1) If the registrant did not change his or her residence, or changed residence but remained in the county, the registrant should return the card not later than the time provided for mail registration under Section 8(a)(1)(B) of the National Voter Registration Act of 1993, as amended. If the card is not returned, affirmation or confirmation of the registrant's address may be required before the registrant is permitted to vote in an election during the. period beginning on. the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice, and if the registrant, does not vote in an election during that period the registrant's name will be removed from the list of eligible voters; and

(2) If the registrant has changed residence to a place outside the county in which the registrant is registered, information concerning how the registrant can continue to be eligible to vote.

History

[Eff JUL 26 2020] (Auth: HRS § 11-4 , 52 USC § 20507 ) (Imp: HRS §§ 11-12 , 11-16 , 11-17 , 11-18 , 11-19 / 11-20 , 52 USC § 20507 )

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