Ind. Code ch. 3-7-38.2

Ind. Code ch. 3-7-38.2
in effect

Ind. Code § 3-7-38.2-1 Removal of ineligible voters from lists due to change of residence

Sec. 1. As required under 52 U.S.C. 20507(a)(4), the NVRA official and each county voter registration office shall conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters due to a change of residence of the voter. As added by P.L.3-1997, SEC.104. Amended by P.L.258-2013, SEC.58; P.L.128-2015, SEC.119.

Ind. Code § 3-7-38.2-2 Requirements for voter list maintenance programs; county voter registration office voter list maintenance programs; inactive voters, criteria for determining; removal of voter registration record

Sec. 2. (a) Except as provided in subsection (b) or (c), a voter list maintenance program conducted under this chapter must: (1) be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 (52 U.S.C. 10101); (2) not result in the removal of the name of a person from the official list of voters solely due to the person's failure to vote; and (3) be completed not later than ninety (90) days before a primary or general election. (b) A voter list maintenance program conducted under this chapter in a year other than a year in which a general election is conducted must: (1) comply with the requirements set forth in subsection (a)(1) and (a)(2); and (2) be completed not later than twenty-nine (29) days before a municipal election or special election (other than for a federal office) is conducted. (c) If a special election is required for a vacancy in a federal office in a year in which a general election is not conducted, the voter list maintenance program conducted under this chapter must: (1) comply with the requirements of subsection (a)(1) and (a)(2); and (2) be completed not later than ninety (90) days before the date that the special election is conducted. A voter list maintenance program may also be conducted under this section in a calendar year following the date of the special election if the program is completed no later than the deadline set forth in subsection (a). (d) A county voter registration office shall conduct a voter list maintenance program that complies with subsection (a) within forty-eight (48) hours of receiving information that requires voter list maintenance activity. In conducting a voter list maintenance program, the county voter registration office shall mail a notice described in subsection (f) to each voter whose registration has not previously been canceled or designated as inactive under this chapter at the mailing address: (1) listed in the voter's registration record; and (2) determined by the county voter registration office not to be the voter's current residence address. (e) A county voter registration office may use information only from the following sources to make the determination under subsection (d)(2): (1) The United States Postal Service National Change of Address Service. (2) A court regarding jury duty notices returned because of an unknown or insufficient address. (3) The return of a mailing sent by the county voter registration office to all active voters (as defined in IC 3-11-18.1-2) in the county because of an unknown or insufficient address. (4) The bureau of motor vehicles concerning the surrender of a voter's Indiana license for the operation of a motor vehicle to another jurisdiction. (5) The return by the United States Postal Service after the expiration of the seven (7) day pending period of a notice regarding the disposition of a voter registration application under IC 3-7-33-5 because of an unknown or insufficient address. (6) The return of a mailing sent to voters of a precinct advising voters of a change of precinct boundary or the precinct polling place because of an unknown or insufficient address, if the county sends a similar mailing to the voters of each precinct when a boundary or polling place is changed. (7) Information received from the election division under section 5 of this chapter or section 16 of this chapter. (8) A declination to register by the voter stating that the voter resides at an address different from the address on the voter's registration record. (9) Information received from the election division as a result of a comparison between: (A) a voter registration address; and (B) commercially available data, such as data from a credit agency. (10) Information received from the secretary of state under section 19(d)(2) of this chapter. (11) Information received by the county voter registration office indicating that a voter has moved to another state. (12) The return of an absentee ballot sent by the county election board to a voter because of an unknown or insufficient address. (f) The notice described in subsections (d) and (l) must: (1) be sent by first class United States mail, postage prepaid, by a method that requires the notice to be forwarded to the voter; and (2) include a postage prepaid return card that: (A) is addressed to the county voter registration office; (B) states a date (which must be at least thirty (30) days after the date the notice is mailed) by which the card must be returned or the voter's registration will become inactive until the information is provided to the county voter registration office; and (C) permits the voter to provide the voter's current residence address. (g) If a voter returns the card described in subsection (f)(2) and provides a current residence address that establishes that the voter resides: (1) in the county, the county voter registration office shall update the voter's registration record; or (2) outside the county, the county voter registration office shall cancel the voter's registration. (h) If a card is returned as undeliverable due to an unknown or insufficient address by the United States Postal Service after the date specified in subsection (f)(2)(B), the county voter registration office shall, when registration reopens after the next primary, general, or municipal election, determine whether the voter voted or appeared to vote from the address set forth in the registration record at any election occurring after the final day for completing voter list maintenance activities, and if not, then designate the voter as inactive. (i) If a voter does not return the card described in subsection (f)(2) by the date specified in subsection (f)(2)(B), the county voter registration office shall indicate in the voter's registration record that the voter's registration is inactive. (j) A voter's registration that becomes inactive under subsection (h) or (i) remains in inactive status from the date described in subsection (f)(2)(B) until the earlier of the following: (1) The date the county voter registration office updates or cancels the voter's registration under subsection (g) after the voter provides a current residence address. (2) The day after the second general election in which the voter has not voted or appeared to vote. (k) After the date described in subsection (j)(2), the county voter registration office shall remove the voter's registration from the voter registration records. (l) A county voter registration office shall conduct a voter list maintenance program under this section for each voter who has not cast a vote in the two (2) most recent general elections. The county voter registration office shall mail a notice described in subsection (f) to the mailing address listed in the voter's registration record. As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003, SEC.63; P.L.14-2004, SEC.49; P.L.164-2006, SEC.33; P.L.1-2007, SEC.1; P.L.258-2013, SEC.59; P.L.64-2014, SEC.21; P.L.128-2015, SEC.120; P.L.169-2015, SEC.40; P.L.201-2017, SEC.3; P.L.157-2019, SEC.7; P.L.141-2020, SEC.5; P.L.65-2024, SEC.15; P.L.70-2025, SEC.3; P.L.240-2025, SEC.14.

Ind. Code § 3-7-38.2-2.4 Voter list maintenance program; potential out of state voter

Sec. 2.4. A county voter registration office that receives information indicating that a voter has moved to another state shall mail to the voter the form prescribed by the election division under IC 3-7-43-2 at any other mailing address set forth in the information received under section 2(e)(11) of this chapter. As added by P.L.240-2025, SEC.15.

Ind. Code § 3-7-38.2-3 Removal of name from registration record during 90 day period before election

Sec. 3. As provided under 52 U.S.C. 20507(c)(2)(B)(i), this chapter does not prevent the removal of a voter's name from the voter registration record during the final ninety (90) day period before a primary, general, or municipal election due to any of the following in accordance with this article: (1) The written request of the voter. (2) Disenfranchisement due to criminal conviction and incarceration. (3) The death of the voter. As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003, SEC.64; P.L.164-2006, SEC.34; P.L.128-2015, SEC.121.

Ind. Code § 3-7-38.2-4 Correction of registration records; date of birth

Sec. 4. (a) As provided under 52 U.S.C. 20507(c)(2)(B)(ii), this chapter does not prevent the correction of voter registration records under this article. (b) The NVRA official shall, at least once each calendar year, review and identify voter registration records that do not contain a date of birth or contain a date of birth that is at least one hundred fifteen (115) years or more before the date of the review. (c) The election division shall request that the bureau of motor vehicles provide the election division with any information kept by the bureau of motor vehicles that sets forth the date of birth of a voter identified by the NVRA official. If the election division receives date of birth information under this subsection, the election division shall forward the information to the appropriate county voter registration office. (d) The NVRA official shall send to the voter registration offices the names of voters associated with a voter registration record identified under subsection (b). (e) The county voter registration office shall: (1) determine if the information applies to the voter registration record that does not contain a date of birth or contains a date of birth that is at least one hundred fifteen (115) years or more before the date of the request; and (2) if the information applies, amend the voter registration record to contain the correct date of birth and document the source of the information in the computerized list. As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003, SEC.65; P.L.164-2006, SEC.35; P.L.128-2015, SEC.122; P.L.71-2019, SEC.8; P.L.153-2024, SEC.8.

Ind. Code § 3-7-38.2-5 Submission of names to change of address service

Sec. 5. To assist in performing voter list maintenance under this chapter, the NVRA official shall submit the names of all registered voters in Indiana to the United States Postal Service National Change of Address Service. The submission under this chapter shall be compiled from the county voter registration information submitted to the election division under IC 3-7-26.3. As added by P.L.3-1997, SEC.104. Amended by P.L.209-2003, SEC.66; P.L.164-2006, SEC.36; P.L.258-2013, SEC.60; P.L.2-2014, SEC.1; P.L.169-2015, SEC.41; P.L.74-2017, SEC.15; P.L.116-2018, SEC.3; P.L.141-2020, SEC.6.

Ind. Code § 3-7-38.2-5.1 Prohibition against joining or participating in activities of certain organizations

Sec. 5.1. The state shall not join or otherwise participate in the activities of any organization that requires: (1) the payment of funds to obtain voter registration information from another state; or (2) the expenditure of funds to engage in activities other than voter list maintenance as a condition for receiving voter registration information from another state. As added by P.L.141-2020, SEC.7. Amended by P.L.70-2025, SEC.4.

Ind. Code § 3-7-38.2-5.5 IDEA established; requirements; receiving voter registration information from other states; confidence factor; cancellation of duplicate registrations

Sec. 5.5. (a) The Indiana data enhancement association (IDEA) is established. IDEA shall be administered by the NVRA official in accordance with IC 3-7-11-1. (b) The NVRA official shall adopt an order for the administration of voter list maintenance programs to be performed by IDEA. The NVRA official may amend the order. If the NVRA official does not amend the order when necessary to perform voter list maintenance duties under this chapter, the secretary of state shall adopt or amend the order under section 18 of this chapter. The order establishing IDEA, and any amendments to the order subsequently issued, shall provide the following: (1) The member states of IDEA are not required to pay to Indiana any fee for the processing of the data from the member state. (2) The member states of IDEA are not required to engage in any activity other than actions necessary to comply with standards for voter list maintenance set forth in the order as a condition for obtaining data from Indiana or other member states. (3) The method for a state to join or withdraw from IDEA. (4) The tenure of the membership of each state and duration of the order. (5) Indiana shall: (A) use the confidence factors set forth in subsection (c) to determine whether the name of an individual registered in that member state appears to be the same as an individual registered to vote in Indiana or any other member state; and (B) only forward potential matches of the names of individuals in a state who meet or exceed the confidence factor threshold under subsection (c). (6) Any registration data provided to Indiana by another state member: (A) is confidential under Indiana law; (B) must be safely secured by Indiana for the duration of a particular instance of a voter list maintenance activity; and (C) shall be destroyed immediately following the provision of data concerning potential duplicate voter registrations to IDEA member states. (7) Any other provisions necessary for the proper and effective administration of IDEA. (c) Not later than thirty (30) days following the receipt of information under subsection (b) indicating that a voter of Indiana may also be registered to vote in another state, the NVRA official shall provide the appropriate county voter registration office with the name of and any other information obtained under this subsection concerning that voter, if both of the following apply: (1) The first name, last name, and date of birth of the Indiana voter is identical to the first name, last name, and date of birth of the voter registered in the other state. (2) A comparison of the records indicates that there is a confidence factor that the records are for the same individual resulting from the accumulation of at least seventy-five (75) points based on the following criteria: (A) Full Social Security number: 40 points. (B) Last four (4) digits of Social Security number: 10 points. (C) Indiana driver's license or identification card number: 50 points. (D) Date of birth: 25 points. (E) Last Name: 15 points. (F) First Name: 15 points. (G) Middle Name: 5 points. (H) Suffix: 5 points. (I) Street Address 1: 10 points. (J) Zip Code (first five (5) digits): 5 points. (d) The county voter registration office shall determine whether the individual: (1) identified in the report provided by the NVRA official under subsection (c) is the same individual who is a registered voter of the county; (2) registered to vote in another state on a date following the date that voter registered in Indiana; and (3) authorized the cancellation of any previous registration by the voter when the voter registered in another state. (e) If the county voter registration office determines that the voter is described by subsection (d), the county voter registration office shall cancel the voter registration of that voter. If the county voter registration office determines that the voter is described by subsection (d)(1) and (d)(2), but has not authorized the cancellation of any previous registration, the county voter registration office shall send an address confirmation notice to the Indiana address of the voter. (f) The county voter registration office may rely on written information provided either directly by a voter registration office in another state or forwarded from the election division from the office in the other state. Information: (1) provided from the other state to the Indiana county voter registration official; or (2) forwarded by the election division; must include a copy of the voter's signed voter registration application which indicates the individual authorizes cancellation of the individual's previous registration. County voter registration officials shall review the date the individual registered out of state and the date the individual registered in Indiana to confirm which registration is more recent when performing the officials' analysis under this subsection. As added by P.L.141-2020, SEC.8. Amended by P.L.193-2021, SEC.13; P.L.227-2023, SEC.32.

Ind. Code § 3-7-38.2-6 Voters who no longer reside at submitted address

Sec. 6. When the names of voters are submitted under section 5 of this chapter, the NVRA official shall request that the United States Postal Service indicate the voters who no longer reside at the submitted address. However, the NVRA official shall also request that a voter who: (1) has a temporary forwarding order in effect; (2) is an absent uniformed services voter; or (3) is an overseas voter; not be included in the list of voters who no longer reside at the submitted address. As added by P.L.3-1997, SEC.104. Amended by P.L.258-2013, SEC.61.

Ind. Code § 3-7-38.2-7 Use of postal service's change of address information

Sec. 7. As permitted under 52 U.S.C. 20507(c)(1), the NVRA official (or a contractor retained by the election division under this chapter) shall use change of address information supplied by the United States Postal Service through the Postal Service’s licensee to identify a voter whose residence may have changed. As added by P.L.3-1997, SEC.104. Amended by P.L.128-2015, SEC.123.

Ind. Code § 3-7-38.2-7.1 Use of commercially available data

Sec. 7.1. (a) The secretary of state may contract with a company to receive commercially available data, such as data from a credit agency. (b) The secretary of state shall transmit to the NVRA official the information received under subsection (a). (c) The NVRA official (or a contractor retained by the election division under this chapter) shall use the information supplied by the secretary of state under this section to identify a voter whose residence may have changed. As added by P.L.65-2024, SEC.16.

Ind. Code § 3-7-38.2-7.3 Proof of citizenship requirements; appeal

Sec. 7.3. (a) For purposes of this section, "proof of citizenship" means one (1) or more of the following: (1) The voter's birth certificate or a legible photocopy of the voter's birth certificate. (2) The voter's United States passport or a legible photocopy of the pages of the passport that identify the voter and show the passport number. (3) The voter's United States naturalization documentation, a legible photocopy of the voter's naturalization documentation, or the voter's certificate of naturalization number. A voter who provides a certificate of naturalization number in lieu of the naturalization documentation is not deemed to have provided proof of citizenship until the county voter registration office verifies the number with the United States Citizenship and Immigration Services or a successor agency. (4) A document or method of proof of citizenship established under the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101 et seq.). (5) The voter's consular report of birth abroad (CRBA). (b) The NVRA official shall compare the statewide voter registration system with the bureau of motor vehicles list of temporary credentials issued under IC 9-24-11-5(c) or IC 9-24-16-3(f). If evidence exists that a registered voter is not a citizen of the United States, the NVRA official shall notify the county voter registration office of the county in which the individual is registered to vote that the registered voter may not be a citizen of the United States. (c) After receiving a notice under subsection (b), the county voter registration office shall send a notice to the registered voter inquiring whether the individual is eligible to be registered to vote. An individual who receives a notice under this subsection shall, within thirty (30) days of receiving the notice, provide proof of citizenship to the county voter registration office in person or by mail. (d) If the individual does not provide proof of citizenship within thirty (30) days of receipt of the notice under subsection (c), the county voter registration office that issued the notice shall cancel the individual's registration. (e) An individual who is unable to provide documentation as proof of citizenship under this section may appeal in person or by mail to the county election board of the county in which the person was registered to vote. After receiving an appeal, the county election board shall: (1) conduct a hearing; (2) make a finding concerning the individual's citizenship status; and (3) send a copy of its decision to the county voter registration office of the county in which the individual resides. A county voter registration office that receives a decision under subdivision (3) shall change the voter registration records to accurately reflect the decision of the county election board with respect to the individual. (f) Documentation provided to show proof of citizenship under this section is confidential and is not available for inspection by the public. As added by P.L.65-2024, SEC.17. Amended by P.L.70-2025, SEC.5.

Ind. Code § 3-7-38.2-7.4 Voter registration listing nonresidential address

Sec. 7.4. (a) This section applies when the feature within the statewide voter registration system described in IC 3-7-33-5.7(a)(2) identifies a voter registration that lists a potential nonresidential address. (b) The county voter registration official shall conduct research on the registration described in subsection (a) to determine if: (1) an individual could reside at the address stated on the registration; or (2) the individual resides at a nontraditional residence described in IC 3-5-5-18. (c) If the county voter registration official determines, following research under subsection (b), that: (1) an individual could not reside at the address; or (2) the individual does not reside at a nontraditional residence described in IC 3-5-5-18; the county voter registration official may perform the voter list maintenance procedures under this chapter. As added by P.L.65-2024, SEC.18.

Ind. Code § 3-7-38.2-7.5 Identification of voters registered in more than one state; provision of information to county voter registration offices

Sec. 7.5. The NVRA official shall do both of the following: (1) Compare the lists of voters provided by another state with the list of registered voters in Indiana to identify any individuals who may be registered to vote in more than one (1) state. (2) Provide each county voter registration office with a list of potential duplicate registrations not later than thirty (30) days after receipt of a list of voters of a state. As added by P.L.258-2013, SEC.62. Amended by P.L.141-2020, SEC.9.

Ind. Code § 3-7-38.2-8 Notice to county voter registration offices of changes in residence of voters

Sec. 8. At least once each month, the NVRA official shall notify each county voter registration office of voters within the county whose residences may have changed according to information supplied under this chapter. As added by P.L.3-1997, SEC.104. Amended by P.L.258-2013, SEC.63; P.L.64-2014, SEC.22.

Ind. Code § 3-7-38.2-9 Registration records for overseas or uniformed services voters

Sec. 9. (a) This section applies to an absent uniformed services voter or an overseas voter with an address in the county's voter registration record that does not include an "APO" or "FPO" designation. (b) If a county voter registration office: (1) is advised under this chapter that the voter's residence may have changed; and (2) determines that the voter is subject to this section; the voter registration office may disregard the notification of change of residence and is not required to act under this chapter concerning the voter's registration. As added by P.L.3-1997, SEC.104. Amended by P.L.216-2015, SEC.4.

Ind. Code § 3-7-38.2-10 Voter moves from current registration address; change in registration record

Sec. 10. (a) As provided in 52 U.S.C. 20507(c)(1)(B)(i), if the county voter registration office determines from information provided under this chapter that a voter has moved to an address different from the address where voter is currently registered, the voter registration office shall: (1) change the registration record to show the new address; and (2) send the voter a notice of the change; if the information provided under this chapter includes a forwarding address. (b) If the information provided under this chapter: (1) indicates that a voter has moved to an address different from the address where the voter is currently registered; and (2) does not include a forwarding address; the county voter registration office shall indicate on the registration record that the voter is an inactive voter at that address and shall remove the voter's name from the registration rolls under the procedures of this chapter if the voter has not voted, appeared to vote, or has failed to correct the voter registration record within the period described in section 14(2)(B) of this chapter. As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.15; P.L.128-2015, SEC.124.

Ind. Code § 3-7-38.2-11 Notice to county voter registration offices of change in residence; requirements

Sec. 11. The notice under section 8 of this chapter must be: (1) a postage prepaid pre-addressed return form that permits the voter to verify or correct the address information; and (2) sent by forwardable mail. As added by P.L.3-1997, SEC.104.

Ind. Code § 3-7-38.2-12 Change of address to residence outside county

Sec. 12. As provided in 52 U.S.C. 20507(c)(1)(B)(ii), if the county voter registration office determines from information provided under this chapter that a voter has moved to a different residence address that is not located in the same county in which the voter is currently registered, the voter registration office shall cancel the voter’s registration if the change of address to a residence outside the county is confirmed. As added by P.L.3-1997, SEC.104. Amended by P.L.128-2015, SEC.125.

Ind. Code § 3-7-38.2-13 Notice to voter after change in residence

Sec. 13. After the county voter registration office has determined under this chapter that a voter’s residence may have changed, the election division shall send a notice to the voter that sets forth substantially the following statements as provided in 52 U.S.C. 20507(d)(2): (1) If the voter did not change the voter’s residence or changed the residence but remained in the same county where the voter was listed on the voter registration record, the voter must return the card enclosed with the notice in person to the county voter registration office not later than twenty-nine (29) days before the election or by regular United States mail: (A) with a postmark not later than twenty-nine (29) days before the election; or (B) if a postmark is missing or illegible, to the county voter registration office not later than twenty-one (21) days before the election. (2) If the card is not returned under subdivision (1), the voter must affirm or confirm the voter’s address before the voter is permitted to vote in an election during the period: (A) beginning on the date of the notice; and (B) ending on the day after the date of the second general election scheduled to occur after the date of the notice. (3) If the voter does not vote in an election described in subdivision (2), the voter’s name will be removed from the voter registration list. (4) If the voter changed residence to a place outside the county in which the voter is included on the voter registration list, information concerning how the voter can continue to be eligible to vote in the county where the voter currently resides. As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.16; P.L.14-2004, SEC.50; P.L.128-2015, SEC.126.

Ind. Code § 3-7-38.2-14 Removal of name from registration records due to change in address, failure to vote, or respond to notice

Sec. 14. As required under 52 U.S.C. 20507(d)(1), a county voter registration office shall not remove the name of a voter from the voter registration records due to the voter’s change of residence unless the voter: (1) confirms in writing that the voter has changed residence to a location outside the county in which the voter is currently registered; or (2) has: (A) failed to respond to a notice sent under section 13 of this chapter; and (B) not voted (or appeared to vote or to correct the registration record stating the voter’s address) in an election during the period: (i) beginning on the date of the notice; and (ii) ending on the day after the date of the second general election that occurs after the date of the notice. As added by P.L.3-1997, SEC.104. Amended by P.L.128-2015, SEC.127.

Ind. Code § 3-7-38.2-15 Cancellation of registration

Sec. 15. At the expiration of the period ending thirty (30) days after the second general election following the date on which notices are mailed to a voter described in section 14(2) of this chapter, the county voter registration office shall cancel the registration of a voter who has not responded to the notice sent under section 13 of this chapter. As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.17.

Ind. Code § 3-7-38.2-16 Request of information from federal courts; provision of information; duties of county voter registration office

Sec. 16. (a) The NVRA official shall, not later than January 31 of each even-numbered year, request information from the United States District Court for the Northern District of Indiana and the United States District Court for the Southern District of Indiana concerning: (1) the return of U.S. mail sent by the court for jury selection purposes; and (2) individuals disqualified from jury service due to citizenship status. (b) Not later than twenty-eight (28) days following the primary election conducted in that year, the state shall provide each county voter registration office with information concerning any registered voter who: (1) appears to no longer reside at the address set forth in the voter's registration record due to a mailing returned to the courts; and (2) is disqualified or potentially disqualified as a prospective juror from jury service because the registered voter is not a United States citizen. (c) Not later than forty-two (42) days following the primary election conducted in that year, the county voter registration office shall: (1) send an address confirmation notice to the voter described by subsection (b) at the voter's mailing address; or (2) follow the procedures prescribed by section 7.3 of this chapter. As added by P.L.3-1997, SEC.104. Amended by P.L.258-2013, SEC.64; P.L.64-2014, SEC.23; P.L.169-2015, SEC.42; P.L.201-2017, SEC.4; P.L.65-2024, SEC.19.

Ind. Code § 3-7-38.2-16.1 Residency confirmation and outreach procedure

Sec. 16.1. During each odd-numbered year, the NVRA official shall conduct a residency confirmation and outreach procedure under this chapter. The NVRA official (or a contractor acting on behalf of the NVRA official) shall send a nonforwardable mailing by U.S. mail, postage prepaid, to each active voter (as defined in IC 3-11-18.1-2) in Indiana at the voter's mailing address. As added by P.L.201-2017, SEC.5. Amended by P.L.278-2019, SEC.16.

Ind. Code § 3-7-38.2-17 Residency confirmation and outreach procedure; second mailing; inactive voters, criteria for determining; removal of voter registration record from registration records

Sec. 17. (a) If the mailing to a voter sent under section 16.1 of this chapter is returned by the United States Postal Service because of an unknown or insufficient address, the NVRA official shall mail a second notice to the voter. The notice must meet the following requirements: (1) Be sent by first class, United States mail, postage prepaid, by a method that requires the notice to be forwarded to the voter. (2) Include a postage prepaid return card that: (A) is addressed to the NVRA official; (B) states a date (which must be at least thirty (30) days after the date the notice was mailed) by which the card must be returned or the voter's registration will become inactive until the information is provided to the county voter registration office; and (C) permits the voter to provide the voter's current residence address. (b) If a voter returns the card described in subsection (a)(2) and provides a current residence address that establishes that the voter resides: (1) in the same county, the county voter registration office shall update the voter's registration record; or (2) outside the county, the county voter registration office shall cancel the voter's registration. (c) If a voter returns the card described in subsection (a)(2) with a request that the voter's registration record at an address be canceled, the county voter registration office shall proceed to cancel the registration under section 3 of this chapter. (d) If a card is returned not later than the date specified in subsection (a)(2)(B) as undeliverable because of an unknown or insufficient address, the county voter registration office shall designate the voter as inactive. (e) If a card is returned by the United States Postal Service after the date specified in subsection (a)(2)(B) as undeliverable because of an unknown or insufficient address, the county voter registration office shall, when registration reopens after the next primary, general, or municipal election, determine whether the voter voted or appeared to vote from the address set forth in the registration record at any election occurring after the final day for completing voter list maintenance activities, and if not, designate the voter as inactive. (f) If a voter does not return the card described in subsection (a)(2) by the date specified in subsection (a)(2)(B), the county voter registration office shall indicate in the voter's registration record that the voter's registration is inactive. (g) A voter's registration that becomes inactive under subsections (d) through (f) remains in inactive status from the date described in subsection (a)(2)(B) until the earlier of the following: (1) The date the county voter registration office updates or cancels the voter's registration under subsection (b) after the voter provides a current residence address. (2) The day after the second general election in which the voter has not voted or appeared to vote. (h) After the day described in subsection (g)(2), the county voter registration office shall remove the voter's registration from the voter registration records not later than thirty (30) days after the second general election following the date on which notices are mailed to a voter under section 16.1 of this chapter. As added by P.L.3-1997, SEC.104. Amended by P.L.38-1999, SEC.18; P.L.64-2014, SEC.24; P.L.74-2017, SEC.16; P.L.201-2017, SEC.6.

Ind. Code § 3-7-38.2-18 Secretary of state to perform duty NVRA official fails to perform

Sec. 18. If the NVRA official does not perform a duty in accordance with this chapter, the secretary of state shall perform the duty. As added by P.L.153-2013, SEC.3.

Ind. Code § 3-7-38.2-19 Agreement with other states to share information

Sec. 19. (a) Not later than January 1, 2026, the secretary of state shall send a written or electronic communication to each state to request that the state or a group of states execute an agreement with Indiana to share certain information in the possession of the secretary of state and the other state or states for the purpose of: (1) maintaining the statewide voter registration list; and (2) identifying whether a voter of Indiana may also be registered to vote in another state. (b) Starting in 2027, and each year thereafter, the secretary of state shall send an annual written or electronic communication to each state that has not entered into an agreement described in subsection (a) to request that the state or a group of states execute such agreement. (c) Before sharing information through an agreement described in subsection (a), the secretary of state shall enter into an agreement with the: (1) chief state election official designated under 52 U.S.C. 20509; or (2) highest election official of a state that has not designated a chief state election official designated under 52 U.S.C. 20509; that any personally identifiable information of an Indiana voter is to remain confidential and shall not be shared with or sold to any person who is not an election official for the jurisdiction with which the information is shared. (d) If information obtained through an agreement executed under subsection (a) indicates that a voter of Indiana may also be registered to vote in another state, the secretary of state shall do the following: (1) Enter the information received about the voter of Indiana into the computerized list. (2) Send a written or electronic communication to the county voter registration office within which the Indiana voter's registered address is located, to: (A) notify the county voter registration office that the voter's registered address may not be the voter's current residence address; and (B) direct the county voter registration office to conduct a voter list maintenance program under section 2 of this chapter with respect to the voter. As added by P.L.70-2025, SEC.6.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/3Fetched: 10/17/2026

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