6.0218 Keeping register current-Transfer of registration.

Cite as [A.S.C.A. § 6.0218 ]

(a) The election officer shall use all reliable and pertinent information to keep the general register up to date. The election officer may request information from, but is not limited to, the following sources:

(1) the office of the Attorney General for any change of name;

(2) courts for any changes of name, divorces, separations, or other changes affecting qualified elector status;

(3) the record sources for marriages, deaths, or other changes affecting qualified elector status;

(4) utility agencies concerning commencement or changes of services; and

(5) apartments and condominiums as to change of occupancy. In requesting the information the election officer shall give reasonable notice and time for furnishing the information.

(b) If the election officer has evidence indicating that a qualified elector’s registration should be transferred, then not later than 4:30 p.m. on the 60th day prior to the election the election officer shall notify the person by first-class mail and not later than 4:30 p.m. on the 3rd day thereafter publish in a newspaper or bulletin of general circulation notice of intent to transfer registration. Notice by mail shall be sent to the address shown on the current qualified elector list and any alleged new address. The notifications shall include:

(1) any evidence that the election officer may have indicating why a transfer or change should be made;

(2) the residence and district of the qualified elector according to current registration lists;

(3) the alleged new address and district;

(4) a reply form which shall contain a space for the qualified elector’s agreement or objection to the transfer and the reasons for the objection;

(5) notice that unless the completed form is returned not later than 4:30 p.m. on the 15th day after mailing, the qualified elector shall be subject to challenge at the polls under section 6.0223 on the basis of not being registered in the district where he resides.

(c) If no response is received by the clerk by 4:30 p.m. on the 15th day after mailing, a second notification shall be made not later than 4:30 p.m. on the 30th day prior to the election, by telephone or personal contact if feasible. A record shall be maintained of all the phone calls or attempted personal contacts noting the date, time, person calling, person called, and reply received.

(d) If, on the basis of the evidence available, the clerk has good reason to believe that the qualified elector does actually reside at some address other than the one carried on the registration list, the election officer shall transfer the voter to the new address. A list of those transferred, and the district to which they were moved, will be available at the old district on election day.

(e) A list of all qualified electors with questionable addresses who fail to respond to notification attempts of the election officer, but who have not been transferred, shall be posted at the district wherein he is registered on election day and shall be made available to the public not later than 4:30 p.m. on the 45th day prior to the election.

History: 1977, PL 15-42 § 1; amd 1985, PL 19-31 § 4.

Amendments: 1985 Subsection (d): deleted provisions relating to voter contesting transfer of voting district.