Sec. 113. Requirements with respect to removal of ineligible voters from official voter list
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Each State shall take such affirmative steps as are necessary on an ongoing basis, but in no case less frequently than once every 30 days, to verify the eligibility of registrants on the official list of eligible voters in elections for Federal office in the State through the use of all verification resources available to the State, including through the use of information supplied by the Department of Homeland Security through the Systematic Alien Verification for Entitlements ( SAVE ) system, and, pursuant to the requirement under section 112(a)(4) , to remove from the official list of eligible voters in elections for Federal office in the State registrants who are determined to be ineligible voters by reason of— the request of the registrant; criminal conviction or mental incapacity pursuant to State law; the death of the registrant; a change in the residence of the registrant, in accordance with paragraph
(2)and subsection
(c); the registrant’s status as a noncitizen, including on the basis of the immigration adjudication or status for naturalized citizenship of the registrant as provided by the Director of the United States Citizenship and Immigration Services or any other information with respect to citizenship status supplied by the Department of Homeland Security through the Systematic Alien Verification for Entitlements ( SAVE ) system that demonstrates a registrant is not a citizen of the United States; or duplicate registrations of a registrant otherwise eligible to vote. Any process of a State described under paragraph
(1)shall include the State establishing a process under which change-of-address information supplied by the Postal Service through its licensees is used to identify registrants whose addresses may have changed and if it appears from such information provided that a registrant has moved to a different residence address— in the same registrar's jurisdiction in which the registrant is currently registered, the registrar changes the registration records to show the new address and sends the registrant a notice of the change by forwardable mail and a postage prepaid pre-addressed return form by which the registrant may verify or correct the address information; or not in the same registrar's jurisdiction, the registrar uses the notice procedure described in subsection (c)(2) to confirm the change of address. A State shall complete any process under subsection
(a)to remove the names of voters determined to be ineligible from the official list of eligible voters in Federal elections held in the State not later than 15 days prior to the date established under section 25 of the Revised Statutes of the United States ( 2 U.S.C. 7 ) for each general election for Federal office, except that this subsection shall not be construed to preclude— the removal of names from official lists of voters at any time on a basis described in paragraph (1)(A), (1)(B), or (1)(E) of subsection (a); or the correction of registration records pursuant to this subtitle. A State shall remove the name of a registrant from the official list of eligible voters in elections for Federal office when the State becomes aware that the registrant has changed residence through one of the following actions: The registrant confirms in person or in writing that the registrant has changed residence to a place outside the registrar’s jurisdiction in which the registrant is registered. An election official determines, from review of postal service records or other available databases or sources of address verification relied upon by the registrar for maintaining an accurate list of eligible voters, that the registrant no longer resides at the address shown in the registration, has failed to respond to a notice described in paragraph (2), or that such notice has been returned as undeliverable. A notice is described in this paragraph if it is a postage prepaid and pre-addressed return card, sent by nonforwardable mail, on which the registrant may state his or her current address, together with a notice to the following effect: If the registrant did not change his or her residence, or changed residence but remained in the registrar's jurisdiction, the registrant should return the card not later than the time provided for mail registration under section section 112(a)(1)(B) . If the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered, information concerning how the registrant can continue to be eligible to vote. If the pre-addressed return card described in paragraph
(2)is not returned, or if the notice described in such paragraph is returned as undeliverable— the registrant shall be removed from the official list of eligible voters as described in paragraph (1); and the registrant shall be notified of such removal by notice sent by forwardable mail. A voting registrar shall correct an official list of eligible voters in elections for Federal office in accordance with change of residence information obtained in conformance with this subsection. A registrant who has moved from an address in the area covered by a polling place to an address in the same area shall, notwithstanding failure to notify the registrar of the change of address prior to the date of an election, be permitted to vote at that polling place if the registrant provides documentary proof of the change of address to an election official at that polling place. A registrant who has moved from an address in the area covered by one polling place to an address in an area covered by a second polling place within the same registrar's jurisdiction and the same congressional district and who has failed to notify the registrar of the change of address prior to the date of an election, at the option of the registrant— shall be permitted to correct the voting records and vote at the registrant's former polling place, if the registrant provides documentary proof of the new address to an election official at that polling place; shall be permitted to correct the voting records and vote at a central location within the same registrar's jurisdiction designated by the registrar where a list of eligible voters is maintained, upon written affirmation by the registrant of the new address on a standard form provided by the registrar at the central location; or shall be permitted to correct the voting records for purposes of voting in future elections at the appropriate polling place for the current address and, if permitted by State law, shall be permitted to vote in the present election, upon confirmation by the registrant of the new address by such means as are required by law. If State law permits the registrant to vote in the current election upon documentary proof by the registrant of the new address at a polling place described in subparagraph (A)(i) or subparagraph (A)(iii) , voting at the other locations described in subparagraph
(A)need not be provided as options. If the registration records indicate that a registrant has moved from an address in the area covered by a polling place, the registrant shall, upon documentary proof by the registrant before an election official at that polling place that the registrant continues to reside at the address previously made known to the registrar, be permitted to vote at that polling place. In the case of a change of address, for voting purposes, of a registrant to another address within the same registrar's jurisdiction, the registrar shall correct the voting registration list accordingly, and the registrant's name may not be removed from the official list of eligible voters by reason of such a change of address except as provided in subsection
(c). Any process of a State described under subsection (a)(1) with respect to verifying that an individual is a United States citizen shall include using information supplied by one or more of the following sources: The Department of Homeland Security through the Systematic Alien Verification for Entitlements ( SAVE ) or otherwise. The Social Security Administration through the Social Security Number Verification Service, or otherwise. State agencies that supply State identification cards or driver’s licenses where the agency confirms the United States citizenship status of applicants. Other sources, including databases, which provide confirmation of United States citizenship status. A State shall remove an individual who is not a citizen of the United States from the official list of eligible voters for elections for Federal office held in the State at any time upon receipt of documentation or verified information that a registrant is not a United States citizen. If a voter is deemed ineligible under this section, the chief State election official of the State concerned shall put the voter’s name on a publicly available list and send a notice described in subsection (c)(2) and provide the voter with an opportunity to cure any defect with respect to the individual’s eligibility to vote in elections for Federal office in the State. On the conviction of a person of a felony in a district court of the United States, the United States attorney shall immediately give written notice of the conviction to the chief State election official of the State of the person's residence. A notice given pursuant to paragraph
(1)shall include— the name of the offender; the offender's age and residence address; the date of entry of the judgment; a description of the offenses of which the offender was convicted; and the sentence imposed by the court. On request of the chief State election official of a State or other State official with responsibility for determining the effect that a conviction may have on an offender's qualification to vote, the United States attorney shall provide such additional information as the United States attorney may have concerning the offender and the offense of which the offender was convicted. If a conviction of which notice was given pursuant to paragraph
(1)is overturned, the United States attorney shall give the official to whom the notice was given written notice of the vacation of the judgment. The chief State election official of a State shall notify the voter registration officials of the local jurisdiction in which an offender resides of the information received under this subsection. Each State shall maintain for at least 2 years and shall make available for public inspection in electronic form at a reasonable cost all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular voter is registered. The records maintained pursuant to paragraph
(1)shall include lists of the names and addresses of all persons to whom notices described in subsection (c)(2) are sent, and information concerning whether or not each such person has responded to the notice as of the date that inspection of the records is made.
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Sec. 113
Requirements with respect to removal of ineligible voters from official voter list
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