§161. Responsibilities of registrar
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1. List prepared.
[PL 2005, c. 453, §32 (RP).]
2. List current.
[PL 2005, c. 453, §32 (RP).]
2-A. Maintenance of voter registration information. The registrar in each municipality shall keep the central voter registration system current at all times for the voters in the registrar's municipality. The Secretary of State is authorized to conduct maintenance of the central voter registration system. The Secretary of State shall adopt rules for conducting voter list maintenance required by the National Voter Registration Act of 1993. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. A registrar may not cancel a voter's registration in the central voter registration system solely because the registered voter did not vote in previous elections. A voter’s registration record in the central voter registration system must be cancelled by either the registrar for the voter’s municipality or by the Secretary of State as follows:
A. When it is determined that a voter has registered to vote in another jurisdiction in the State, the voter registration record from the former jurisdiction must be cancelled; and [PL 2009, c. 370, §1 (NEW).]
B. When it is determined that the voter has registered to vote in another jurisdiction outside of the State, the voter registration record in the State must be cancelled. [PL 2009, c. 370, §1 (NEW).]
[PL 2013, c. 131, §9 (AMD).]
2-B. (TEXT EFFECTIVE 1/1/23) Information sharing with other states. The Secretary of State shall contract with a nonprofit corporation of member states for periodic sharing of voter registration information, including information on names and addresses of voters in member states. The Secretary of State shall periodically update the central voter registration system based on the information obtained from the nonprofit corporation of member states.
[PL 2021, c. 398, Pt. UUUU, §1 (NEW); PL 2021, c. 398, Pt. UUUU, §7 (AFF).]
3. List of deceased residents.
[PL 2005, c. 453, §32 (RP).]
4. Proof of qualification is requested. If the registrar is in doubt as to the qualifications of a person to vote, the registrar shall fix a reasonable time and place for a hearing and give written notice of the hearing to the voter at the last known address provided by the voter at least 20 days in advance. The voter must have the opportunity to testify and to present witnesses and other evidence at the hearing. The voter may respond in person or in writing with proof of qualifications prior to the date of the hearing. After the hearing, the registrar shall determine whether the voter has met the voting qualifications and shall act accordingly. If the voter offers satisfactory proof of qualifications to the registrar, either prior to or at the hearing, the registrar may not cancel the voter's registration in the central voter registration system. If the voter fails to offer satisfactory proof of qualifications to the registrar, either prior to or at the hearing, the registrar may cancel the voter's registration in the central voter registration system. If the voter fails to appear at the hearing and the registrar has proof that the voter does not meet the qualifications, the registrar may cancel the voter's registration in the central voter registration system. The registrar shall notify the voter, in writing, of the action taken and advise the voter of the appropriate appeal authority as specified in this Title. If the registrar decides to cancel the voter's registration in the central voter registration system after the hearing and a municipal or state election occurs before the cancelled voter has exhausted all appeals, then the voter remains in the central voter registration system for the election and may cast a challenged ballot.
[PL 2007, c. 455, §9 (AMD).]
5. Record of names added and cancelled. The registrar shall keep a record of the names added to or the registrations cancelled in the central voter registration system and the date when the action was taken.
[PL 2005, c. 453, §32 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1985, c. 273, §§1,3 (AMD). PL 1991, c. 466, §10 (AMD). PL 1993, c. 473, §8 (AMD). PL 1993, c. 473, §46 (AFF). PL 1993, c. 695, §15 (AMD). PL 1995, c. 459, §18 (AMD). PL 1997, c. 436, §39 (AMD). PL 2001, c. 310, §13 (AMD). PL 2005, c. 453, §32 (AMD). PL 2007, c. 455, §9 (AMD). PL 2009, c. 370, §1 (AMD). PL 2013, c. 131, §9 (AMD). PL 2021, c. 398, Pt. UUUU, §1 (AMD). PL 2021, c. 398, Pt. UUUU, §7 (AFF).