As Amended
SEC. 23-15-159. Suspension and cancellation of registration for failure to vote; notice to elector; voting by elector whose registration has been cancelled; effect of federal registration.
(1) When the commissioners of election meet for the purpose of revising the registration and pollbooks of the several voting precincts, they may erase therefrom the names of all persons who have not voted in at least one (1) election, whether it be a general or special or primary election, whether on a county, state or federal level, in the last four (4) successive years.
(2) In erasing or removing the names of persons due to failure to vote in at least one (1) election for four (4) successive years, the notice procedure hereinafter provided shall have been completed prior to such erasure or removal.
(a) Ninety (90) days before such erasure or removal, the commissioners of election shall examine the registration books and pollbooks of the several voting precincts and shall suspend the registration of all electors who have not voted in at least one (1) general or special election or primary, whether on the county, state or federal level, during the last four (4) successive years.
(b) Within sixty (60) days after such suspension, the commissioners of election shall mail notice by first class mail to each elector whose registration is suspended, at his last-known address, stating substantially as follows: "You are hereby notified that, according to state law, your registration as a qualified elector will be canceled for having failed to vote within the past four (4) successive years, unless within thirty (30) days of the date this notice is postmarked, you continue your registration by applying in writing to the commissioners of election." The commissioners shall furnish each elector so notified with the name and address of the commissioners of elections printed on the face thereof which may be used by the elector in notifying the commissioners of elections of the elector's desire to continue the elector's registration. The commissioners shall affix sufficient postage to such return card so as to insure proper delivery to the commissioners.
(c) The commissioners shall cancel the registration of all electors thus notified who have not applied for continuance within the prescribed time period, and the names of all such electors shall be removed from the list of qualified electors on the date designated for erasure. Provided, however, the names of electors who have been removed from the list of qualified electors shall be compiled and be made a part of a list entitled "Names of those purged from the registration books," said list to be attached to the registration books. A copy of said list shall be furnished to the appropriate municipal election commissioners within the county, and the persons whose names are contained thereon shall be removed from the registration books.
(d) Any elector whose registration has been thus canceled may, at any election, cast a vote by affidavit ballot in the same manner as set forth in Section 23-15-573. Such affidavit ballot shall be counted at the election in which it is cast, if not otherwise disqualified, and the name of such person shall be reentered on the registration books if such person is not otherwise disqualified. As an alternative to casting such a ballot, any elector whose registration has been canceled pursuant to this subsection may reregister in the manner provided for original registration.
(3) Notwithstanding the provisions of this section, no person who has been registered by any federal registrar shall be removed except in conformity with any federal law, rules or regulations providing for the removal of names from the registration books.
(4) No years in which a person has not voted prior to January 1, 1984, shall be used in calculating the four-year period provided for in this section.
SOURCES: Derived from 1972 Code Sec. 23-5-82 [Laws, 1983, ch. 524, Secs. 1, 2; Repealed by Laws, 1986, ch. 495, Sec. 335]; En, Laws, 1986, ch. 495, Sec. 46, eff from and after January 1, 1987.