Legislation
SECTION 5-402
Cancellation of registration; generally, notice to voter
Election (ELN) CHAPTER 17, ARTICLE 5, TITLE 4
§ 5-402. Cancellation of registration; generally, notice to voter. 1.
The board of elections shall cancel the registration of a voter when he
is no longer qualified to vote or as required herein.
2. Whenever the board has reason to believe that a registered voter is
no longer qualified to vote, it shall, before cancelling his
registration, notify him, in a form approved by the state board of
elections, by first class forwardable mail to the address from which he
was last registered that he may appear before the board or answer in
writing by mail, stating the reasons why his registration should not be
cancelled. Such notice shall also state that if the voter does not
appear or answer in writing within fourteen days after such notice is
mailed, his registration will be cancelled. Such notice shall also
advise the voter of his right to reregister pursuant to the provisions
of this chapter and shall contain the phone number to call for the days
and hours of local registration and the location of local registration
places, the deadline for personal registration by mail for the next
general election and the phone number to call to obtain additional
applications for personal registration by mail. No such notice shall be
required in order to cancel the registration of a voter who has made a
personal request to be removed from the list of registered voters as
defined by subdivision two of section 5-400 of this title or the
registration of a voter whose name has been in inactive status for at
least the period required by paragraph (f) of subdivision one of section
5-400 of this title or to cancel the registration of a voter who has
died. Together with such notice of cancellation, the board shall mail to
such voter a postage paid return card in a form approved by the state
board of elections. Such card shall provide a place for the voter to set
forth the reasons for his continued eligibility to vote in such county
or city and to indicate his current address in the county or city and a
statement that failure to return the card will result in cancellation of
registration. The card shall also inform the voter of how to reregister
if the voter has moved out of the county or city. If such registered
voter shall fail to appear or answer in writing within such time or if,
after he so appears or writes, the board is not satisfied that he is
qualified to remain registered, the board shall cancel his registration.
3. The board of elections shall notify immediately every person whose
registration is cancelled after such person has responded, in person or
by mail, to a notice sent pursuant to subdivision two of this section,
of the action taken and the reason therefor, by written notice to the
address from which he was last registered. Such notice shall advise such
persons either of their right to reregister or their right to apply to a
court of law for reinstatement, whichever is appropriate.
4. Each board of elections shall, at least once a month, transmit to
the appropriate board of elections, a list of the names, old addresses
and new addresses of every voter whose registration was cancelled
pursuant to the provisions of paragraph (a) of subdivision one of
section 5-400 of this title because the voter moved to an address in the
jurisdiction of the board to which the list is sent, unless the board of
elections sending the list has received notice that the voter has
already registered to vote from the new address.
The board of elections shall cancel the registration of a voter when he
is no longer qualified to vote or as required herein.
2. Whenever the board has reason to believe that a registered voter is
no longer qualified to vote, it shall, before cancelling his
registration, notify him, in a form approved by the state board of
elections, by first class forwardable mail to the address from which he
was last registered that he may appear before the board or answer in
writing by mail, stating the reasons why his registration should not be
cancelled. Such notice shall also state that if the voter does not
appear or answer in writing within fourteen days after such notice is
mailed, his registration will be cancelled. Such notice shall also
advise the voter of his right to reregister pursuant to the provisions
of this chapter and shall contain the phone number to call for the days
and hours of local registration and the location of local registration
places, the deadline for personal registration by mail for the next
general election and the phone number to call to obtain additional
applications for personal registration by mail. No such notice shall be
required in order to cancel the registration of a voter who has made a
personal request to be removed from the list of registered voters as
defined by subdivision two of section 5-400 of this title or the
registration of a voter whose name has been in inactive status for at
least the period required by paragraph (f) of subdivision one of section
5-400 of this title or to cancel the registration of a voter who has
died. Together with such notice of cancellation, the board shall mail to
such voter a postage paid return card in a form approved by the state
board of elections. Such card shall provide a place for the voter to set
forth the reasons for his continued eligibility to vote in such county
or city and to indicate his current address in the county or city and a
statement that failure to return the card will result in cancellation of
registration. The card shall also inform the voter of how to reregister
if the voter has moved out of the county or city. If such registered
voter shall fail to appear or answer in writing within such time or if,
after he so appears or writes, the board is not satisfied that he is
qualified to remain registered, the board shall cancel his registration.
3. The board of elections shall notify immediately every person whose
registration is cancelled after such person has responded, in person or
by mail, to a notice sent pursuant to subdivision two of this section,
of the action taken and the reason therefor, by written notice to the
address from which he was last registered. Such notice shall advise such
persons either of their right to reregister or their right to apply to a
court of law for reinstatement, whichever is appropriate.
4. Each board of elections shall, at least once a month, transmit to
the appropriate board of elections, a list of the names, old addresses
and new addresses of every voter whose registration was cancelled
pursuant to the provisions of paragraph (a) of subdivision one of
section 5-400 of this title because the voter moved to an address in the
jurisdiction of the board to which the list is sent, unless the board of
elections sending the list has received notice that the voter has
already registered to vote from the new address.