CHAPTER 46. REMOVAL FROM REGISTRATION RECORDS DUE TO CRIMINAL CONVICTION AND INCARCERATION - Indiana Statutes

IC 3-7-46
     Chapter 46. Removal From Registration Records Due to Criminal Conviction and Incarceration

IC 3-7-46-1
Removal of disfranchised voters
     Sec. 1. As permitted under 42 U.S.C. 1973gg-6(a)(3)(B) and in the manner required under 42 U.S.C. 15483, a county voter registration office shall remove from the official list of registered voters the name of a voter who is disfranchised under this chapter due to a criminal conviction.
As added by P.L.12-1995, SEC.56. Amended by P.L.209-2003, SEC.84.

IC 3-7-46-2
Imprisoned voter disfranchised
     Sec. 2. A person imprisoned following conviction of a crime is disfranchised during the person's imprisonment.
As added by P.L.12-1995, SEC.56.

IC 3-7-46-3
Removal of name if disfranchisement due to felony conviction
     Sec. 3. (a) This section applies to a person convicted of a felony in a district court of the United States.
    (b) As required by 42 U.S.C. 1973gg-6(g)(5), the NVRA official shall notify the county voter registration office of the county in Indiana in which the person resides of the information provided by the United States attorney under 42 U.S.C. 1973gg-6(g)(2), 42 U.S.C. 1973gg-6(g)(3), and 42 U.S.C. 1973gg-6(g)(4).
    (c) If the information provided under subsection (b) indicates that the person is disfranchised under section 2 of this chapter, the county voter registration office shall remove the name of the person from the voter registration records on an expedited basis as required by 42 U.S.C. 15483.
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.77; P.L.209-2003, SEC.85.

IC 3-7-46-4
Repealed
    (Repealed by P.L.164-2006, SEC.143.)

IC 3-7-46-4.1
Coordination of statewide voter registration list with department of correction
     Sec. 4.1. (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 department of correction to permit a county voter registration office to cancel the registration records of disfranchised individuals on an expedited basis.     (b) The department of correction shall provide the NVRA official with a list identifying each person who:
        (1) is a resident of Indiana;
        (2) has been convicted of a crime; and
        (3) has been placed in a department of correction facility during the previous month.
    (c) The department of correction shall provide the information required by this section electronically in a format prescribed by the election division.
As added by P.L.209-2003, SEC.87. Amended by P.L.164-2006, SEC.50.

IC 3-7-46-5
Notice by NVRA official
     Sec. 5. The NVRA official shall notify the county voter registration office of each county where a person on the report resides for processing under section 8 of this chapter.
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.79; P.L.209-2003, SEC.88.

IC 3-7-46-6
County sheriff to provide list of residents
     Sec. 6. (a) Not later than:
        (1) January 31;
        (2) April 30;
        (3) July 31; and
        (4) October 31;
of each year, a county sheriff shall provide the county voter registration office with a report containing the information set forth in subsection (b) for processing under section 8 of this chapter.
    (b) The list required by subsection (a) must identify each person who:
        (1) is a resident of Indiana;
        (2) has been convicted of a crime; and
        (3) has been placed in a county correctional facility during the previous quarter.
As added by P.L.12-1995, SEC.56. Amended by P.L.8-1995, SEC.35; P.L.66-2003, SEC.9; P.L.209-2003, SEC.89.

IC 3-7-46-7
Notice by county voter registration office
     Sec. 7. The county voter registration office shall notify the county voter registration office of each county where a person on the list resides that a voter registered in that county has been listed on the report described in section 6 of this chapter.
As added by P.L.12-1995, SEC.56. Amended by P.L.209-2003, SEC.90.

IC 3-7-46-7.5
Cancellation of registration of disfranchised person      Sec. 7.5. If the information provided under section 5 or 6 of this chapter indicates that the person is disfranchised under section 2 of this chapter, the county voter registration office shall:
        (1) remove the name of the person from the voter registration records; and
        (2) enter the date and other information regarding the cancellation into the computerized list under IC 3-7-26.3;
on an expedited basis, as required under 42 U.S.C. 15483.
As added by P.L.209-2003, SEC.91. Amended by P.L.164-2006, SEC.51.

IC 3-7-46-8
Notice to disfranchised persons
     Sec. 8. Each county voter registration office shall prepare a notice to be mailed to the names and last known addresses of all persons within the county who have been disfranchised.
As added by P.L.12-1995, SEC.56. Amended by P.L.3-1997, SEC.108; P.L.209-2003, SEC.92; P.L.164-2006, SEC.52.

IC 3-7-46-9
Notice to disfranchised person; procedure
     Sec. 9. After preparation of the notice under section 8 of this chapter, the county voter registration office shall mail the notice to the alleged disfranchised person not later than the day following the day that the voter's registration has been canceled under this chapter. The notice must be mailed to each alleged disfranchised person at the person's last known address using a form prescribed by the commission under this article.
As added by P.L.12-1995, SEC.56. Amended by P.L.2-1996, SEC.80; P.L.209-2003, SEC.93; P.L.164-2006, SEC.53.