1-4-22. Cancellation of registration; petition to district court.
319 words·~1 min read·
/nm/chapter-1-elections/article-4-registration-of-electors/1-4-22·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. At any time not less than one hundred twenty days prior to and following a statewide election, the secretary of state may file and present to the district court a verified petition alleging, on information and belief, that certain persons registered, named in the petition, are not qualified electors in the precincts named in the petition. The petition shall contain a brief statement of the facts upon which such allegation is made.
B. Upon filing and presentation of the petition, the court shall by order fix a day for hearing thereon, which date shall be not less than fourteen days nor more than twenty-one days after such order. The court shall direct the county clerk to use the address on the certificates of registration to forthwith notify the persons named in the petition whose registration is sought to be canceled of the date and purpose of the hearing and that each person should contact the county clerk no later than the close of business the day before the hearing or be present at the hearing if the person desires to oppose the cancellation.
C. If, after hearing, the court finds that the registration of any of the persons named in the petition should be canceled, it shall by order direct the county clerk to cancel the registrations.
D. Within thirty days following a hearing held pursuant to this section, the secretary of state shall report the results of the hearing to the United States election assistance commission and to the voting section of the civil rights division of the United States department of justice. The report required by this subsection shall be posted on the secretary of state's website for one year following the hearing.
History: 1953 Comp., § 3-4-20, enacted by Laws 1969, ch. 240, § 78; 1975, ch. 255, § 43; 1995, ch. 124, § 4; 2011, ch. 137, § 34; 2019, ch. 212, § 52.