Summary Table 4: Removing Voters From Permanent Absentee Lists

Arizona

Ariz. Rev. Stat. §16-544(H)

After a voter has requested to be included on the permanent early voting list, the voter shall be sent an early ballot by mail automatically for any election at which a voter at that residence address is eligible to vote until any of the following occurs:

1. The voter requests in writing to be removed from the permanent early voting list.

2. The voter's registration or eligibility for registration is moved to inactive status or canceled as otherwise provided by law.

3. The notice sent by the county recorder or other officer in charge of elections is returned undeliverable and the county recorder or officer in charge of elections is unable to contact the voter to determine the voter's continued desire to remain on the list.

4. The voter fails to vote an early ballot in all elections for two consecutive election cycles. For the purposes of this paragraph, “election” means any regular primary or regular general election for which there was a federal race on the ballot or for which a city or town candidate primary or first election or city or town candidate second, general or runoff election was on the ballot.

Connecticut

Conn. Gen. Stat. 9-140e (B)

The registrars of voters shall send written notice to each such elector with permanent absentee ballot status in January of each year, on a form prescribed by the Secretary of the State, for the purpose of determining if such elector continues to reside at the address indicated on the elector's permanent absentee ballot application. If (1) such written notice is returned as undeliverable, or (2) not later than 60 days after such notice is sent to the elector, the elector fails to return such notice to the registrars of voters, as directed on the form, the elector in question shall be removed from permanent absentee ballot status. If such elector indicates on such notice that the elector no longer resides at such address and the elector's new address is within the same municipality, the registrars of voters shall change the elector's address pursuant to section 9-35 and such elector shall retain permanent absentee ballot status. If the elector indicates on such notice that the elector no longer resides in the municipality, the registrars of voters shall remove such individual from the registry list of the municipality and send such individual an application for voter registration. Failure to return such written notice shall not result in the removal of an elector from the official registry list of the municipality or from permanent absentee ballot status.

District of Columbia

D.C. Mun. Regs. Tit. 3, § 720.4

A duly registered voter's request to permanently receive an absentee ballot shall be honored until:

(a) The voter submits a written request to no longer receive absentee ballots.

(b) The voter is no longer a qualified elector.

(c) Any mail sent to the voter is returned to the board as undeliverable.

(d) The voter fails to return a voted absentee ballot for two back-to-back elections in which he or she is eligible to vote.

Kansas

Kan. Stat. Ann. §25-1122(j)

If a person on the permanent advance voting list fails to vote in four consecutive general elections, the county election officer may mail a notice to such voter. The notice shall inform the voter that the voter's name will be removed from the permanent advance voting list unless the voter renews the application for permanent advance voting status within 30 days after the notice is mailed. If the voter fails to renew such application, the county election officer shall remove the voter's name from the permanent advance voting list. Failure to renew the application for permanent advance voting status shall not result in removal of the voter's name from the voter registration list.

Maine

Me. Rev. Stat. Ann. tit. 21-A, § 753-A

The clerk or secretary of state shall terminate a voter's ongoing absentee voter status only upon:

(1) The written request of the voter.

(2) The death or disqualification of the voter.

(3) The cancellation of the voter's registration record in the central voter registration system.

(4) The return of an absentee ballot as undeliverable.

(5) The failure of the voter to vote by absentee ballot for a general election.

(6) The designation of the voter's status as inactive in the central voter registration system.

Maryland

Md. Code, Elec. Law § 9-311.1

A voter who has permanent absentee ballot status shall be removed from the permanent absentee ballot list if:

(1) The voter requests to be removed from the list.

(2) The voter is removed from the statewide voter registration list under Title 3, Subtitle 5 of this article.

(3) The voter fails to return an absentee ballot for two consecutive statewide general elections

(4) Any mail sent to the voter by the state board or a local board is returned undeliverable.

Michigan

Mich. Comp. Laws § 168.759e

An absent voter ballot application for all future elections can be rescinded only for any of the following reasons:

(a) The permanent mail ballot voter submits a signed request to rescind the voter's application to receive an absent voter ballot by mail for all future elections.

(b) The permanent mail ballot voter is no longer qualified to vote in this state.

(c) The secretary of state or the appropriate city or township clerk receives reliable information that the permanent mail ballot voter has moved the voter's residence to another state, or has moved the voter's residence within this state without updating the voter's registration address.

(d) The permanent mail ballot voter does not vote for six consecutive years.

Minnesota

Minn. Stat. § 203B.04

A voter who applies under paragraph (a) Must automatically be provided an absentee ballot for each eligible election. A voter's permanent absentee status ends and automatic ballot delivery must be terminated on:

(1) The voter's written request.

(2) The voter's death.

(3) Return of an absentee ballot as undeliverable.

(4) A change in the voter's status to "challenged" or "inactive" in the statewide voter registration system.

Montana

M.C.A. §13-13-212

An elector may request to be removed from the absentee ballot list for subsequent elections by notifying the election administrator in writing.

The election administrator shall biennially mail a forwardable address confirmation form to each elector who is listed in the national change of address system of the U.S. Postal Service as having changed the elector's address.

If the form is not completed and returned or if the elector does not respond using the options provided in subsection (4)(b)(v), the election administrator shall remove the elector from the absentee ballot list.

New Jersey

N.J.S.A. 19:63-3

The qualified voter who chooses the option to vote using a mail-in ballot in all future elections shall be furnished with such a ballot by the county clerk without further request on the part of the voter and until the voter requests in writing that the voter no longer be sent a mail-in ballot.

New Mexico

N.M. Stat. Ann. § 1-6-3.1

A voter shall be removed from the voluntary permanent absentee voter list by the county clerk for the following reasons:

(1) The voter fails to return a mailed ballot in two consecutive elections, including at least one general election.

(2) The county clerk has sent a mailed ballot or other piece of election mail to the voter's mailing address that was subsequently returned as undeliverable.

(3) The voter's certificate of registration is canceled pursuant to the provisions of Chapter 1, Article 4 NMSA 1978.

(4) The voter updates the voter's certificate of registration indicating an address that is outside of the county for which the voter is listed on the voluntary permanent absentee voter list.

(5) The voter submits a written request to the county clerk requesting to be removed from the voluntary permanent absentee voter list.

Virginia

VA Code 24.2-703.1

West Virginia

W. Va. Code §3-3-2b

Upon receipt of a properly completed application, the official designated to supervise and conduct absentee voting shall enter the name on the special absentee voting list which is to be maintained in a secure and permanent record. The person's name will remain active on the list until:

(1) The person requests in writing that his or her name be removed.

(2) The person is no longer a resident of the county, is purged from the voter registration books, or otherwise becomes ineligible to vote.

(3) A ballot mailed to the address provided on the application is returned undeliverable by the United States Postal Service.

(4) The person no longer has a physical disability.

(5) The person dies.

(6) In the case of an Address Confidentiality Program participant, the person withdraws or is removed from that program.

Wisconsin

Wis. Stat. § 6.86(2)(b)

The mailing list established under this subsection shall be kept current through all possible means. If an elector fails to cast and return an absentee ballot received under this subsection, the clerk shall notify the elector by 1st class letter or postcard that his or her name will be removed from the mailing list unless the clerk receives a renewal of the application within 30 days of the notification. The clerk shall remove from the list the name of each elector who does not apply for renewal within the 30-day period. The clerk shall remove the name of any other elector from the list upon request of the elector or upon receipt of reliable information that an elector no longer qualifies for the service. The clerk shall notify the elector of such action not taken at the elector's request within five days, if possible.