Voter Registration List Maintenance
Voter registration list maintenance activities are all performed in strict accordance with Federal and State laws and in conjunction with established conforming policies, procedures and reporting requirements. List maintenance is an ongoing process that incorporates daily activities as well as periodic list maintenance programs.
Federal and State laws require that we maintain accurate and current voter registration lists and that reasonable efforts are made to remove ineligible voters but at the same time incorporate specific safeguards and remain in compliance with the Voting Rights Act (NVRA). However, they also provide specific safeguards to voters so that any program or activity to remove voters from the voting rolls is uniform and nondiscriminatory, completed no later than 90 days prior to the date of the election and provides for voting opportunities notwithstanding a change of address in certain circumstances.
Highlights of the laws as they apply to Voter Registration List Maintenance Programs:
-
- Any program or activity must be uniform and nondiscriminatory
- Completed not later than 90 days prior to a federal election
- The removal of voters for non-voting or for having moved can only be done after meeting certain requirements provided in the Act
- The Act allows for removal of voters from registration lists when:
- Upon request of the voter,
- they have been convicted of a disqualifying crime, or
- adjudged mentally incapacitated, where such removals are allowed by state law.
NOTE: The NVRA also provides additional safeguards including, but not limited to the following:
- Notifications must be sent to the registered voter by forwardable mail before any action can be taken to inactivate or remove their names from the voting rolls to allow them the opportunity to confirm or update their registration information or request removal of their name from the voting rolls.
- Registered voters can still vote notwithstanding a change in address in certain circumstances.
- For example, voters who move within a district or a precinct will retain the right to vote even if they have not re-registered at their new address for one last election.
- The removal of voters for non-voting or for having moved can only be done after meeting certain requirements provided for in the NVRA.
- Voters cannot be removed for failure to vote except in the event that an individual has not been in contact with the applicable election official (in person or in writing) or responded to a forwardable notice sent AND has not voted in 2 or more consecutive general elections for Federal Office.
Overview of routine voter list maintenance activities and their approximate timelines:
- Daily maintenance activities:
- Process new registrations and updates to current registrations via paper forms, DMV transmission (AVR) or the online voter registration system NOVA
- In county duplicate analysis (potential duplicate records in VR database)
- State Reports (HAVA Services) – in-county and cross-county duplicate voters, Vital Statistics reports and potential ineligible voters (DMV/SSN mismatches)
- Obituaries/deceased voter notifications
- Registration notifications from other States
- Non-election years (odd numbered years) – voter list maintenance projects including:
- ERIC (Electronic Registration Information Center) Reports
- NCOA (National Change of Address) mailings from reports provided by the USPS
- Inactive voter mailings, and cancelation of voters who have been in inactive status through two Federal elections cycles.
- Election years (even numbered years)
- ERIC will be done twice during the election year
- Sample/Mail-In ballots that are returned as undeliverable by USPS
About the Electronic Registration Information Center (ERIC) (http://www.ericstates.org/)
ERIC is governed and managed by member states and uses information from motor vehicle departments, Social Security Administration records and other databases to compare voters within Nevada and in other member states in an effort to identify deceased individuals and those registered to vote in more than one state. ERIC reports are provided to the Secretary of State’s office and local election officials for processing and possible further action, which could include correcting the voting rolls or removal of ineligible voters.
ERIC Maintenance Reports
- In-State Updates
- List of records of individuals registered in Nevada who appear to have moved to a different address within a county or to another county within the state
- Cross-State Updates
- List of records of individuals registered in Nevada who appear to have registered to vote in one of the other member states
- Duplicates
- List of duplicate records within your county and within the state
- Deceased
- List of records of individuals registered in Nevada who are likely deceased based on the SSA death index
- NCOA – National Change of Address Program
- Reports provided by USPS
Resources:
National Voter Registration Act of 1993 (NVRA) aka “Motor Voter Act” - Section 8 of the Act creates the requirements for voter registration list maintenance for States:
The United States Department of Justice:
https://www.justice.gov/crt/about-national-voter-registration-act#1993
https://www.justice.gov/crt/title-42-public-health-and-welfare-chapter-20-elective-franchise-subchapter-i-h-national-voter#anchor_1973gg
U.S. Code Title 52 – Voting and Elections:
Subtitle I—Voting Rights (§§ 10101 – 10702)
Subtitle II—Voting Assistance and Election Administration (§§ 20101 – 21145)
Subtitle III—Federal Campaign
https://casetext.com/statute/united-states-code/title-52-voting-and-elections/subtitle-iii-federal-campaign-finance/chapter-301-federal-election-campaigns
Help America Vote Act of 2002 (HAVA) - Subchapter III, Part A:
§21083 Computerized statewide voter registration list requirements and requirements for voters who register by mail:
https://uscode.house.gov/view.xhtml?path=/prelim@title52/subtitle2/chapter209&edition=prelim
Nevada Revised Statutes – Title 24 NRS 293.525 – 293.548 & 293.675:
https://www.leg.state.nv.us/NRS/NRS-293.html#NRS293Sec525
Nevada Administrative Code – Title 24 NAC 293.454 – 293.476:
https://www.leg.state.nv.us/NAC/NAC-293.html#NAC293Sec454
Office of the Nevada Secretary of State:
https://www.nvsos.gov/sos/elections/voters/voter-record-maintenance