2016 Indiana Code
TITLE 3. ELECTIONS
ARTICLE 7. VOTER REGISTRATION
CHAPTER 45. REMOVAL FROM REGISTRATION RECORDS DUE TO DEATH
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IC 3-7-45
Chapter 45. Removal From Registration Records Due to
Death
IC 3-7-45-1
Removal of name
Sec. 1. The name of a voter who dies shall be removed from the
registration records as provided in this chapter.
As added by P.L.12-1995, SEC.55.
IC 3-7-45-2
Repealed
(As added by P.L.12-1995, SEC.55. Amended by P.L.4-1996,
SEC.22; P.L.199-2001, SEC.12; P.L.209-2003, SEC.76. Repealed by
P.L.164-2006, SEC.143.)
IC 3-7-45-2.1
Coordination of statewide voter registration list with state
department of health to remove names of deceased voters;
cancellation of voter registration of deceased voters
Sec. 2.1. (a) As required under 52 U.S.C. 21083, the election
division shall coordinate the computerized list generated by the
statewide voter registration system under IC 3-7-26.3 with the state
department of health to permit a county voter registration office to
cancel the registration records of deceased individuals on an
expedited basis.
(b) The state department of health shall report to the election
division, by county, the names, ages, and known residence addresses
of all persons who:
(1) died within Indiana but outside the county of residence; and
(2) maintained a residence address within the county during the
two (2) years preceding the date of death.
(c) Each county health officer and municipal health officer shall
report to the state department of health the names, ages, and known
voting addresses in the county of all persons:
(1) who have died within the jurisdiction of the officer; or
(2) for whom burial permits have been issued by the officer.
The state department of health shall report this information to the
election division.
(d) The state department of health shall report to the election
division, by county, the names, ages, and known residence addresses
of all persons:
(1) who died outside Indiana;
(2) who maintained a residence address within the county
during the two (2) years preceding the date of death; and
(3) whose names were supplied to the state department of health
under an agreement made under section 5 of this chapter.
(e) The county voter registration office shall request a copy of the
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death records filed quarterly by the local health department with the
county auditor under IC 16-37-3-9(c). If a voter is identified as
deceased in the death records, the county voter registration office
shall cancel the voter registration record of that individual in
conformity with section 3 of this chapter.
As added by P.L.209-2003, SEC.77. Amended by P.L.164-2006,
SEC.45; P.L.64-2014, SEC.30; P.L.128-2015, SEC.136.
IC 3-7-45-2.2
Cancellation of voter registration based on information from
bureau of motor vehicles
Sec. 2.2. The election division shall coordinate the computerized
list described in section 2.1 of this chapter with the bureau of motor
vehicles to permit a county voter registration office to cancel on an
expedited basis the registration record of an individual who is
reported deceased by the bureau of motor vehicles.
As added by P.L.64-2014, SEC.31.
IC 3-7-45-3
Cancellation of registration
Sec. 3. As required by 52 U.S.C. 21083, after receipt of the
reports required by section 2.1 or 2.2 of this chapter, each county
voter registration office shall cancel the registration of each deceased
person listed in the reports.
As added by P.L.12-1995, SEC.55. Amended by P.L.209-2003,
SEC.78; P.L.164-2006, SEC.46; P.L.64-2014, SEC.32;
P.L.128-2015, SEC.137.
IC 3-7-45-4
Cancellation after receipt of death certificate or certain other
information
Sec. 4. (a) Except as provided in subsection (c), a county voter
registration office shall cancel the registration of a deceased person
after receiving a copy of the deceased person's death certificate on an
expedited basis, as required under 52 U.S.C. 21083. The county voter
registration office shall enter the date and other information
regarding the cancellation into the computerized list under
IC 3-7-26.3.
(b) Except as provided in subsection (c), a county voter
registration office shall cancel the registration of a deceased person
after receiving a copy of an obituary, notice of estate administration,
or other notice of death of that person published in a newspaper in
which a legal notice may be published under IC 5-3-1.
(c) A county voter registration office may require additional
written information before canceling the registration of a person
under subsection (a) or (b) if the information contained in the death
certificate or notice of death is insufficient to identify the person
whose registration is to be canceled. If:
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(1) additional written information is not given to the county
voter registration office; or
(2) the additional written information is insufficient to identify
the person whose registration is to be canceled;
the county voter registration office is not required to cancel the
person's registration.
As added by P.L.4-1996, SEC.23. Amended by P.L.209-2003,
SEC.79; P.L.164-2006, SEC.47; P.L.258-2013, SEC.65;
P.L.219-2013, SEC.15; P.L.128-2015, SEC.138.
IC 3-7-45-5
Acquiring information from other states, STEVE, and EVVE
Sec. 5. (a) The state department of health shall acquire
information regarding the deaths of Indiana residents occurring in
each of the other states from those states or from the State and
Territorial Exchange of Vital Events (STEVE) System and
Electronic Verification of Vital Events (EVVE) System,
administered by the National Association for Public Health Statistics
and Information Systems. The state department of health may offer
to share with each other state information regarding the deaths of the
other state's residents in Indiana.
(b) At least once each month, the state department of health shall
forward that information as provided in section 2.1 of this chapter.
As added by P.L.4-1996, SEC.24. Amended by P.L.209-2003,
SEC.80; P.L.164-2006, SEC.48; P.L.258-2013, SEC.66.
IC 3-7-45-6
Repealed
(As added by P.L.38-1999, SEC.19. Amended by P.L.209-2003,
SEC.81. Repealed by P.L.164-2006, SEC.143.)
IC 3-7-45-6.1
Information regarding deceased voters from Social Security
Administration; cancellation of registrations
Sec. 6.1. (a) At least once each month, the election division shall
obtain information regarding Indiana residents identified as deceased
by the federal Social Security Administration as required by 52
U.S.C. 21083 and in conformity with IC 3-7-26.3.
(b) Not later than thirty (30) days after receiving a report obtained
under subsection (a), the election division shall provide each county
voter registration office with a report identifying the deceased
individuals who are shown as residing in the county.
(c) Except as provided in section 7 of this chapter, the county
voter registration office shall cancel the registration of each deceased
person listed in the report provided under subsection (b).
(d) If the election division does not perform a duty in accordance
with this section, the secretary of state shall perform the duty.
As added by P.L.209-2003, SEC.82. Amended by P.L.164-2006,
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SEC.49; P.L.153-2013,
P.L.128-2015, SEC.139.
SEC.4;
P.L.258-2013,
SEC.67;
IC 3-7-45-7
Voter erroneously identified as deceased
Sec. 7. (a) If a county voter registration office determines that:
(1) a voter has been identified as deceased in a list or report
described by this chapter; and
(2) the identification is in error;
the voter registration office may decline to cancel the registration and
shall note the apparent error on the voter registration record.
(b) If a county voter registration office determines that a
registration has been previously canceled in error due to a report that
the voter is deceased, the voter registration office shall reinstate the
registration by:
(1) correcting the registration record before a certified list of
voters is prepared under IC 3-7-29-1; or
(2) issuing a certificate of error under IC 3-7-48.
As added by P.L.38-1999, SEC.20.
IC 3-7-45-8
Notice of names of deceased voters
Sec. 8. (a) At least once each month, the NVRA official shall
notify each county voter registration office of the names of deceased
persons obtained under this chapter.
(b) If the NVRA official does not perform a duty in accordance
with this section, the secretary of state shall perform the duty.
As added by P.L.199-2001, SEC.13. Amended by P.L.209-2003,
SEC.83; P.L.153-2013, SEC.5; P.L.258-2013, SEC.68.
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