CHAPTER 45. REMOVAL FROM REGISTRATION RECORDS DUE TO DEATH - Indiana Statutes

IC 3-7-45
     Chapter 45. Removal From Registration Records Due to Death

IC 3-7-45-1
Removal of name
     Sec. 1. The name of a voter who dies shall be removed from the registration records as provided in this chapter.
As added by P.L.12-1995, SEC.55.

IC 3-7-45-2
Repealed
    (Repealed by P.L.164-2006, SEC.143.)

IC 3-7-45-2.1
Coordination of statewide voter registration list with state department of health to remove names of deceased voters
     Sec. 2.1. (a) As required under 42 U.S.C. 15483, the election division shall coordinate the computerized list generated by the statewide voter registration system under IC 3-7-26.3 with the state department of health to permit a county voter registration office to cancel the registration records of deceased individuals on an expedited basis.
    (b) The state department of health shall report to the election division, by county, the names, ages, and known residence addresses of all persons who:
        (1) died within Indiana but outside the county of residence; and
        (2) maintained a residence address within the county during the two (2) years preceding the date of death.
    (c) Each county health officer and municipal health officer shall report to the state department of health the names, ages, and known voting addresses in the county of all persons:
        (1) who have died within the jurisdiction of the officer; or
        (2) for whom burial permits have been issued by the officer.
The state department of health shall report this information to the election division.
    (d) The state department of health shall report to the election division, by county, the names, ages, and known residence addresses of all persons:
        (1) who died outside Indiana;
        (2) who maintained a residence address within the county during the two (2) years preceding the date of death; and
        (3) whose names were supplied to the state department of health under an agreement made under section 5 of this chapter.
As added by P.L.209-2003, SEC.77. Amended by P.L.164-2006, SEC.45.

IC 3-7-45-3
Cancellation of registration
     Sec. 3. As required by 42 U.S.C. 15483, after receipt of the reports required by section 2.1 of this chapter, each county voter

registration office shall cancel the registration of each deceased person listed in the reports.
As added by P.L.12-1995, SEC.55. Amended by P.L.209-2003, SEC.78; P.L.164-2006, SEC.46.

IC 3-7-45-4
Cancellation after receipt of death certificate
     Sec. 4. (a) Except as provided in subsection (b), a county voter registration office shall cancel the registration of a deceased person after receiving a copy of the deceased person's death certificate on an expedited basis, as required under 42 U.S.C. 15483. The county voter registration office shall enter the date and other information regarding the cancellation into the computerized list under IC 3-7-26.3.
    (b) A county voter registration office may require additional written information before canceling the registration of a person under subsection (a) if the information contained in the death certificate is insufficient to identify the person whose registration is to be canceled. If:
        (1) additional written information is not given to the county voter registration office; or
        (2) the additional written information is insufficient to identify the person whose registration is to be canceled;
the county voter registration office is not required to cancel the person's registration.
As added by P.L.4-1996, SEC.23. Amended by P.L.209-2003, SEC.79; P.L.164-2006, SEC.47.

IC 3-7-45-5
Acquiring information from other states
     Sec. 5. (a) The state department of health shall negotiate with appropriate agencies in each state other than Indiana to acquire information regarding the deaths of Indiana residents occurring in each of the other states. The state department of health may offer to share with each other state information regarding the deaths of the other state's residents in Indiana.
    (b) If an agreement is made with the agency of another state under this section, the agreement must provide for acquisition of information about the deaths of Indiana residents in the other state so that the state department of health can forward that information as provided in section 2.1 of this chapter.
As added by P.L.4-1996, SEC.24. Amended by P.L.209-2003, SEC.80; P.L.164-2006, SEC.48.

IC 3-7-45-6
Repealed
    (Repealed by P.L.164-2006, SEC.143.)

IC 3-7-45-6.1
Information regarding deceased voters; cancellation of

registrations
     Sec. 6.1. (a) The election division shall obtain information regarding Indiana residents identified as deceased by the federal Social Security Administration as required by 42 U.S.C. 15483 and in conformity with IC 3-7-26.3.
    (b) The election division shall provide each county voter registration office with a report identifying the deceased individuals who are shown as residing in the county.
    (c) Except as provided in section 7 of this chapter, the county voter registration office shall cancel the registration of each deceased person listed in the report provided under subsection (b).
As added by P.L.209-2003, SEC.82. Amended by P.L.164-2006, SEC.49.

IC 3-7-45-7
Voter erroneously identified as deceased
     Sec. 7. (a) If a county voter registration office determines that:
        (1) a voter has been identified as deceased in a list or report described by this chapter; and
        (2) the identification is in error;
the voter registration office may decline to cancel the registration and shall note the apparent error on the voter registration record.
    (b) If a county voter registration office determines that a registration has been previously canceled in error due to a report that the voter is deceased, the voter registration office shall reinstate the registration by:
        (1) correcting the registration record before a certified list of voters is prepared under IC 3-7-29-1; or
        (2) issuing a certificate of error under IC 3-7-48.
As added by P.L.38-1999, SEC.20.

IC 3-7-45-8
Notice of names of deceased voters
     Sec. 8. The NVRA official shall notify each county voter registration office of the names of deceased persons obtained under this chapter.
As added by P.L.199-2001, SEC.13. Amended by P.L.209-2003, SEC.83.