T34CH4

Title 34 > T34CH4

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34-401

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-401. Electors privileged from arrest during attendance at polling place — Exception. Electors are privileged from arrest, except for treason, a felony or breach of the peace, during their attendance at a polling place. History: [34-401, added 1970, ch. 140, sec. 36, p. 351.]

34-402

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-402. Qualifications of electors. Every male or female citizen of the United States, eighteen (18) years old, who has resided in this state and in the county for thirty (30) days where he or she offers to vote prior to the day of election, if registered within the time period provided by law, is a qualified elector. History: [34-402, added 1970, ch. 140, sec. 37, p. 351; am. 1971, ch. 192, sec. 1, p. 874; am. 1972, ch. 392, sec. 1, p. 1131; am. 1973, ch. 304, sec. 4, p. 646; am. 1982, ch. 253, sec. 2, p. 646.]

34-403

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-403. Disqualified electors not permitted to vote. No elector shall be permitted to vote if he is disqualified as provided in article 6, sections 2 and 3 of the state constitution. History: [34-403, added 1970, ch. 140, sec. 38, p. 351.]

34-404

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-404. Registration of electors — political party affiliation — unaffiliated designation. (1) All electors must register before being able to vote at any primary, general, special, school or any other election governed by the provisions of title 34 , Idaho Code. Registration of a qualified person occurs when a legible, accurate and complete registration application and proof of identity and residence are received in the office of the county clerk or at the polls pursuant to section 34-408 (3), 34-408A , or 34-1012 , Idaho Code. (2) Each elector may select on the registration application an affiliation with a political party qualified to participate in elections pursuant to section 34-501 , Idaho Code, or may select to be designated as unaffiliated. The county clerk shall record the party affiliation or unaffiliated designation so selected as part of the elector’s registration record. If an elector shall fail or refuse to make such a selection, the county clerk shall enter on the registration records that such elector is unaffiliated. (3) In order to provide an elector with the appropriate primary election ballot, pursuant to section 34-904A , Idaho Code, the poll book for primary elections shall include the party affiliation or designation as unaffiliated for each elector so registered. An unaffiliated elector shall declare to the poll worker which primary election ballot the elector chooses to vote in, pursuant to section 34-904A , Idaho Code, and the poll worker or other authorized election personnel shall record such declaration in the poll book. The poll book shall contain checkoff boxes to allow the poll worker or other authorized election personnel to record such unaffiliated elector’s selection. History: [34-404, added 1970, ch. 140, sec. 39, p. 351; am. 1971, ch. 192, sec. 2, p. 874; am. 1972, ch. 197, sec. 1, p. 498; am. 1987, ch. 256, sec. 2, p. 520; am. 1997, ch. 356, sec. 1, p. 1051; am. 2011, ch. 319, sec. 3, p. 931; am. 2016, ch. 359, sec. 3, p. 1054; am. 2023, ch. 293, sec. 1, p. 887.]

34-405

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-405. Gain or loss of residence by reason of absence from state. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his absence while employed in the service of this state or the United States, while a student of any institution of learning, while kept at any state institution at public expense, nor absent from the state with the intent to have this state remain his residence. If a person is absent from this state but intends to maintain his residence for voting purposes here, he shall not register to vote in any other state during his absence. History: [34-405, added 1970, ch. 140, sec. 40, p. 351.]

34-406

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-406. Appointment of registrars. (1) The county clerk shall provide for voter registration in the clerk’s office and may appoint registrars to assist in voter registration throughout the county. (2) The county clerk shall provide all political parties within the county with a supply of the registration form prescribed in section 34-411 , Idaho Code. History: [34-406, added 1994, ch. 67, sec. 3, p. 138; am. 2011, ch. 319, sec. 4, p. 931.]

34-407

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-407. Procedure for registration. (1) Any county clerk or official registrar shall register without charge any elector who personally appears in the office of the county clerk or before the official registrar, as the case may be, and requests to be registered. (2) Upon receipt of a written application to the county clerk from any elector who, by reason of illness or physical incapacity is prevented from personally appearing in the office of the county clerk or before an official registrar, the county clerk or an official registrar so directed by the county clerk shall register such elector at the place of abode of the elector. History: [34-407, added 1970, ch. 140, sec. 42, p. 351; am. 1971, ch. 192, sec. 4, p. 874; am. 1991, ch. 337, sec. 1, p. 874; am. 1995, ch. 215, sec. 2, p. 748.]

34-408

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-408. Closing of register — Time limit. (1) No elector may register in the office of the county clerk after 5:00 p.m. on the eleventh day before any election held throughout the county in which he resides for the purpose of voting at such election; provided however, a legible, accurate and complete registration application received in the office of the county clerk during the eleven (11) day period preceding an election shall be accepted and held by the county clerk until the day following the election when registration reopens, at which time the registration shall become effective. This deadline shall also apply to any registrars the county clerk may have appointed. (2) Any elector who will complete his residence requirement or attain the requisite voting age during the period when the register of electors is closed may register prior to the closing of the register. (3) Notwithstanding subsection (1) of this section, an individual who is eligible to vote may also register, upon completing a registration application and showing proof of identity and residence pursuant to section 34-411 , Idaho Code, at the absent electors’ polling place provided in section 34-1006 , Idaho Code, or at an early voting station provided in section 34-1012 , Idaho Code. History: [34-408, added 1970, ch. 140, sec. 43, p. 351; am. 1971, ch. 192, sec. 5, p. 874; am. 1974, ch. 172, sec. 1, p. 1431; am. 1981, ch. 105, sec. 1, p. 159; am. 1994, ch. 67, sec. 4, p. 138; am. 2001, ch. 99, sec. 1, p. 248; am. 2005, ch. 127, sec. 1, p. 412; am. 2016, ch. 359, sec. 4, p. 1055; am. 2023, ch. 293, sec. 2, p. 887; am. 2025, ch. 113, sec. 6, p. 603.]

34-408A

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-408A. Election day registration. (1) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, completing a registration application, showing proof of identity and residence pursuant to section 34-411 , Idaho Code, and making an oath in the form prescribed by the secretary of state. (2) Election day registration provided in this section shall apply to all elections conducted under title 34 , Idaho Code, and to school district and municipal elections. History: [34-408A, added 1994, ch. 67, sec. 5, p. 138; am. 1995, ch. 215, sec. 3, p. 749; am. 1997, ch. 356, sec. 2, p. 1052; am. 2011, ch. 285, sec. 3, p. 779; am. 2016, ch. 359, sec. 5, p. 1055; am. 2023, ch. 293, sec. 3, p. 888.]

34-409

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-409. electronic registration. (1) The office of the secretary of state may create and maintain an electronic system for voter registration that is publicly available on its official website. Any qualified elector who has a current valid driver’s license or identification card issued pursuant to title 49 , Idaho Code, that reflects the person’s current principal place of residence, may register to vote by submitting a completed voter registration application electronically through such website. Electronic voter registration applications shall be submitted before the close of registration as provided in section 34-408 , Idaho Code. (2) The electronic voter registration application shall be in a form prescribed by the secretary of state and shall: (a) Require the information under oath or affirmation set forth in section 34-411 , Idaho Code; (b) Include notice of the requirement to provide personal identification before voting at the polls as set forth in sections 34-1113 and 34-1114 , Idaho Code; and (c) Require an electronic signature of the applicant. (3) The office of the secretary of state shall obtain a digital copy of the applicant’s driver’s license or identification card signature from the Idaho transportation department. The Idaho transportation department shall, upon request of the office of the secretary of state, provide a digital copy of the applicant’s driver’s license or identification card signature. (4) Upon receipt of a completed voter registration application and a digital copy of the applicant’s driver’s license or identification card signature from the Idaho transportation department, the office of the secretary of state shall send the information to the county clerk for the county in which the applicant resides. The county clerk shall prepare and issue to each elector registering electronically a verification of registration containing the name and residence of the elector and the name or number of the precinct in which the elector resides. Such verification of registration may be sent by nonforwardable first-class mail or by electronic mail at the elector’s option. If a verification is returned undeliverable, then the county clerk shall remove the elector from the register of electors. (5) An applicant using the electronic system for voter registration pursuant to this section shall not be required to complete a printed registration card. (6) The office of the secretary of state shall use such security measures necessary to ensure the accuracy and integrity of an electronically submitted voter registration application. History: [34-409, added 2016, ch. 359, sec. 1, p. 1052.]

34-410

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-410. Mail registration. (1) Any elector may register by mail for any election. Any mail registration application must be received by the county clerk prior to the close of registration as provided in section 34-408 , Idaho Code. (2) The secretary of state shall prescribe the form for the mail registration application. (3) The mail application form shall be available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration programs. (4) Any federal mail registration form adopted pursuant to the provisions of the national voter registration act of 1993, P.L. 103-31, shall also be accepted as a valid registration if it is received no later than 5:00 p.m. on the eleventh day before the election. (5) The county clerk shall prepare and issue by first class nonforwardable mail to each elector registering by mail a verification of registration containing the name and residence of the elector and the name or number of the precinct in which the elector resides. A verification returned undeliverable shall cause the county clerk to remove the elector’s card from the register of electors. (6) As required by the help America vote act of 2002, P.L. 107-252, a copy of proper identification will be required prior to issuance of a ballot to anyone who has registered by mail and has not previously voted in an election for federal office in the state. Proper identification shall meet the requirements of section 34-411 (3) and (4), Idaho Code. History: [34-410, added 1994, ch. 67, sec. 7, p. 139; am. 1995, ch. 215, sec. 4, p. 750; am. 2003, ch. 48, sec. 4, p. 182; am. 2023, ch. 293, sec. 4, p. 888; am. 2025, ch. 113, sec. 7, p. 604.]

34-410A

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-410A. Absentee registration for uniformed and overseas citizens. Whenever provision is made for absentee voting by a statute of the United States, including the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff.), an application for an absentee ballot made under that law may be given the same effect as an application for an absentee ballot made under chapter 10, title 34 , Idaho Code. History: [34-410A, added 1995, ch. 215, sec. 6, p. 750.]

34-411

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-411. APPLICATION for registration — Contents — proof of identity and residence. (1) The secretary of state shall prescribe the form for the registration application consistent with the provisions of this section. Each elector who requests registration shall show proof of identity and residence in accordance with subsections (3) and (4) of this section and shall supply the following information under oath or affirmation: (a) Full name and sex; (b) Residence address or any other necessary information definitely locating the elector’s residence; (c) Mailing address, if different from residence address; (d) The period of time preceding the date of registration during which the elector has resided in the state; (e) Whether or not the elector is a citizen; (f) That the elector is under no legal disqualifications to vote; (g) The county and state where the elector was previously registered, if any; (h) Date of birth; and (i) Current driver’s license number or identification card issued by the Idaho transportation department. In the absence of an Idaho driver’s license or state issued identification card, the last four (4) digits of the elector’s social security number. (2) As provided for in section 34-404 , Idaho Code, each elector shall select an affiliation with a political party qualified to participate in elections pursuant to section 34-501 , Idaho Code, or select to be designated as unaffiliated. The selection of party affiliation or designation as unaffiliated shall be maintained within the voter registration system as provided for in section 34-437A , Idaho Code. If an elector shall fail or refuse to make such a selection, the county clerk shall record as unaffiliated such elector within the voter registration system as provided for in section 34-437A , Idaho Code. (3) An individual shall prove identity for the purpose of registering to vote by showing one (1) of the following forms of photo identification: (a) A current driver’s license or identification card issued pursuant to title 49 , Idaho Code; (b) A current passport or other identification card issued by an agency of the United States government; (c) A current tribal identification card; or (d) A current license or enhanced license to carry concealed weapons issued under section 18-3302 , Idaho Code, or section 18-3302K , Idaho Code. (4)(a) An individual shall prove residence for the purpose of registering to vote by showing one (1) of the following documents that displays the applicant’s name and current Idaho physical address: (i) Any form of photo identification listed in subsection (3)(a), (c), or (d) of this section; (ii) A current proof of insurance; (iii) A deed of trust, mortgage, or lease or rental agreement; (iv) A property tax assessment, bill, or receipt; (v) A utility bill, excluding a cellular telephone bill; (vi) A bank or credit card statement; (vii) A paystub, paycheck, or government-is

34-411A

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-411A. Primary elections — CHANGING PARTY AFFILIATION — unaffiliated electors. (1) For a primary election an elector may change such elector’s political party affiliation or become unaffiliated by filing a signed form with the county clerk no later than the last day a candidate may file for partisan political office prior to such primary election, as provided for in section 34-704 , Idaho Code. An unaffiliated elector may affiliate with the party of the elector’s choice by filing a signed form up to and including election day. The application form described in section 34-1002 , Idaho Code, shall also be used for this purpose. (2) For a primary election, an unaffiliated elector may select a political party affiliation only prior to voting in the primary election. An elector may make such selection on or before election day by declaring such political party affiliation to the poll worker or other appropriate election personnel. The poll worker or other appropriate election personnel shall then record in the poll book the elector’s choice. After the primary election, the county clerk shall record the party affiliation so recorded in the poll book as part of such elector’s record within the voter registration system as provided for in section 34-437A , Idaho Code. History: [34-411A, added 2011, ch. 319, sec. 6, p. 932; am. 2012, ch. 211, sec. 4, p. 574; am. 2020, ch. 55, sec. 1, p. 136; am. 2023, ch. 208, sec. 3, p. 576.]

34-412

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-412. Qualifications for registration. (1) The qualifications of any person who requests to be registered shall be determined in the first instance by the registering official from the evidence before him. If the registering official determines that such person is not qualified, he shall refuse to register the person. (2) A person refused registration under subsection (1) of this section may make application to the county clerk for a hearing on his qualifications. Not more than ten (10) days after the date he receives such application, the county clerk shall hold a hearing on the qualifications of the applicant and shall notify the applicant of the place and time of such hearing. At such hearing the applicant may present evidence as to his qualifications, provided that no hearing shall be held subsequent to any election which is held within said ten (10) day period. If the county clerk determines that the applicant is qualified, the county clerk shall register the applicant immediately upon the conclusion of the hearing. History: [34-412, added 1970, ch. 140, sec. 47, p. 351; am. 1982, ch. 216, sec. 1, p. 590; am. 1995, ch. 215, sec. 8, p. 751.]

34-413

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-413. Reregistration of elector who changes residence. An elector who moves to another county within the state or to another state within thirty (30) days prior to any election shall be permitted to vote in the ensuing election by absentee ballot or at the polling place assigned to the elector’s prior address. History: [34-413, added 1970, ch. 140, sec. 48, p. 351; am. 1972, ch. 392, sec. 5, p. 1131; am. 1977, ch. 15, sec. 1, p. 32; am. 1982, ch. 137, sec. 3, p. 389; am. 1983, ch. 213, sec. 1, p. 590; am. 1995, ch. 215, sec. 9, p. 751; am. 2019, ch. 96, sec. 4, p. 346.]

34-418

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-418. Weekly review of new voter registrations — Report to interested officials. (1) Each week the county clerk shall review the registration cards of all newly registered electors for the past weekly period to determine whether they have been previously registered to vote in another state or in another county within this state. The county clerk or secretary of state, through the statewide voter registration system, shall notify the proper registration official or county clerk where the elector was previously registered so that the prior registration may be canceled. The form of such notice shall be prescribed by the secretary of state. (2) The secretary of state, in conjunction with the county clerks, shall make an annual report to the legislature regarding voter registration maintenance actions performed by them. History: [34-418, added 1970, ch. 140, sec. 53, p. 351; am. 2006, ch. 70, sec. 2, p. 215; am. 2022, ch. 172, sec. 1, p. 567.]

34-419

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-419. Suspension of registration of electors who appear not to be citizens of the United States. The county clerk shall remove from the register of electors the official registration application of any elector who appears by the registration records in the office of the county clerk not to be a citizen of the United States and shall suspend the registration of such elector. The county clerk shall mail a written notice of such removal and suspension to the elector at his residence address indicated on the application. If the elector proves to the county clerk that he is in fact a citizen of the United States, his application shall be replaced in the register and his registration reinstated. History: [34-419, added 1970, ch. 140, sec. 54, p. 351; am. 2016, ch. 359, sec. 7, p. 1056.]

34-420

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-420. No elector’s registration shall be canceled while serving in the armed forces — Exception. Except as provided in section 34-435 , Idaho Code, or for registering to vote in another jurisdiction, no elector’s registration shall be canceled, nor shall he be deprived of his right to vote at any election by reason of the removal of his official registration application from the register of electors, during any period that he is serving in the armed forces of the United States or of any ally of the United States. History: [34-420, added 1970, ch. 140, sec. 55, p. 351; am. 1987, ch. 20, sec. 1, p. 27; am. 2016, ch. 359, sec. 8, p. 1056; am. 2019, ch. 96, sec. 6, p. 346.]

34-431

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-431. Challenges of entries in election register. At the time of any election, any registered elector may challenge the entry of an elector’s name as it appears in the election register. Such a challenge will be noted in the remarks column following the elector’s name stating the reason, such as died, moved, or incorrect address. The individual making the challenge shall sign his name following the entry. History: [34-431, added 1970, ch. 140, sec. 66, p. 351.]

34-432

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-432. Correction of election register from challenges at election. (1) No later than the ninth Friday after each election, the county clerk shall examine the election register and note the challenges as described in section 34-431 , Idaho Code. The county clerk shall mail a written inquiry to the challenged elector at his mailing address as indicated on his registration card. Such inquiry shall state the nature of the challenge and provide a suitable form for reply. (2) Within twenty (20) days from the date of mailing of the written inquiry, the elector may, in person or in writing, state that the information on his registration card is correct. Upon receipt of such a statement or request, the county clerk shall determine whether the information satisfies the challenge. If the county clerk determines that the challenge has not been satisfied, the county clerk shall schedule a hearing on the challenge and shall notify the elector of the place and time of the hearing. The hearing shall be held no later than twenty (20) days after notice is given. At the hearing, the challenged elector may present evidence of qualification. If the county clerk, upon the conclusion of the hearing, determines that the challenged elector’s registration is not valid, the county clerk shall cancel the registration. If a challenged elector fails to make the statement or request in response to the inquiry, the county clerk shall cancel the registration. (3) The county clerk may make inquiry into the validity of any registration at any time. The inquiry shall proceed as provided in this section. History: [34-432, added 1970, ch. 140, sec. 67, p. 351; am. 1982, ch. 137, sec. 4, p. 390; am. 1989, ch. 146, sec. 1, p. 353; am. 2006, ch. 70, sec. 3, p. 215; am. 2019, ch. 96, sec. 7, p. 346.]

34-433

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-433. Accuracy of Voter Registration Information. (1) In order to maintain the accuracy of voter registration records in Idaho: (a) The following state entities shall furnish to the secretary of state on or about the twenty-fifth day of each month all data relevant to determining the accuracy of voter registrations as follows: (i) The department of health and welfare shall furnish a listing showing the legal name, date of birth, county of residence, and residence address of each Idaho resident who has died during the preceding month, and all other data relevant to determining the accuracy of voter registrations, including but not limited to age information, social security numbers, driver’s license numbers, and citizenship information, including United States customs and immigration services numbers or alien registration numbers if available, of any person included in its records; (ii) The department of transportation shall furnish a listing showing driver’s license and state identification address changes and new driver’s license and state identification issuances, including photographs and digital signatures, and all other data relevant to determining the accuracy of voter registrations, including but not limited to legal names, dates of birth, age information, social security numbers, driver’s license numbers, residence addresses, and citizenship information, including United States customs and immigration services numbers or alien registration numbers if available, of any person included in its records; and (iii) The department of correction shall furnish a listing showing the legal names, dates of birth, conviction statuses, probation or parole data, former counties of residence, and former residence addresses of all offenders in its custody, in addition to all other data relevant to determining the accuracy of voter registrations, including but not limited to age information, social security numbers, driver’s license numbers, residence addresses, and citizenship information, including United States customs and immigration services numbers or alien registration numbers if available, of any person in its custody; and (b) The secretary of state shall: (i) Annually, but no later than December 31 of each year, request from the state tax commission a listing showing the legal names, dates of birth, residence addresses, residence changes, social security numbers, driver’s license numbers, citizenship statuses, alien registration numbers, and homestead exemption records of any person included in its records. Once requested, the tax commission shall furnish such information no later than thirty (30) days from the date of the request; (ii) Biannually, but no later than February 1 and July 31 of each year, request from the federal government any data available and relevant to assist in ensuring the integrity and accuracy of Idaho’s voter registration information. Such

34-434

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-434. Retention of notices and correspondence relating to correction of election registers. Copies of all notices and other correspondence issued pursuant to the directives contained in sections 67 and 68 of this act [34-432, 34-433, Idaho Code,] shall be retained by the county clerk for a period of two (2) years from date of mailing. History: [34-434, added 1970, ch. 140, sec. 69, p. 351.]

34-435

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-435. Cancellation of registrations following any general election of those not voting for four years. Within one hundred twenty (120) days following the date of the general election, the county clerk shall examine the election register and the signed statements of challenge made at that election. After this examination, the county clerk shall immediately cancel the registration of any elector who did not vote at any election in the past four (4) years. This section shall be construed as to provide for a uniform four (4) year registration period for all electors. History: [34-435, added 1970, ch. 140, sec. 70, p. 351; am. 1975, ch. 124, sec. 1, p. 257; am. 1977, ch. 15, sec. 3, p. 33; am. 1978, ch. 27, sec. 1, p. 53; am. 1995, ch. 215, sec. 11, p. 752; am. 2015, ch. 282, sec. 2, p. 1147.]

34-436

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-436. Retention of correspondence relating to cancellation of voter’s registration. All correspondence relating to the cancellation of an elector’s registration shall be preserved by the county clerk for a period of two (2) years following the time of any general election. History: [34-436, added 1970, ch. 140, sec. 71, p. 351.]

34-437

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-437. Furnishing lists of registered electors — Restrictions. (1) Each of the county clerks, upon receiving a request shall supply to any individual, a current list of the registered electors of the county and their addresses, arranged in groups according to election precincts. The county clerks shall prepare an original of the above list from the state voter registration system at county expense. Any person desiring a copy of the original list shall be furnished the same, and the county clerk shall assess the individual an amount which will compensate the county for the cost of reproducing such copy. (2) No person to whom a list of registered electors is made available or supplied under subsection (1) of this section and no person who acquires a list of registered electors prepared from such list shall use any information contained therein for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. Provided however, that any such list and label may be used for any political purpose. History: [34-437, added 1970, ch. 140, sec. 72, p. 351; am. 1972, ch. 392, sec. 8, p. 1131; am. 1973, ch. 304, sec. 5, p. 646; am. 1976, ch. 344, sec. 1, p. 1147; am. 1982, ch. 137, sec. 5, p. 390; am. 2003, ch. 48, sec. 7, p. 184.]

34-437A

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-437A. Statewide list of registered electors. (1) The secretary of state, in conjunction with county clerks, shall develop and implement a single, uniform official, centralized, interactive, computerized statewide voter registration system as required by the help America vote act of 2002 (P.L. 107-252). (2) The statewide system shall contain the name and registration information of every legally registered voter in the state and assign a unique identifier to each legally registered voter in the state, and include the following: (a) The computerized list shall serve as the single system for storing and managing the official list of registered voters throughout the state. (b) The computerized list shall contain the name and registration information of every legally registered voter in the state. (c) Under the computerized list, a unique identifier shall be assigned to each legally registered voter in the state. (d) The computerized list shall be coordinated with other agency databases within the state. (e) Any election official in the state, including any local election official, may obtain immediate electronic access to the information contained in the computerized list. (f) All voter registration information obtained by any local election official in the state shall be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local official. (g) The secretary of state shall provide such support as may be required so that local election officials are able to enter information as described in subsection (2)(f) of this section. (h) The computerized list shall serve as the official voter registration list for the conduct of all elections for federal office in the state. (3) Any person desiring a copy of the statewide list of registered electors shall be furnished the same, and the secretary of state shall assess the individual an amount which will compensate the state for the cost of reproducing such copy. No person to whom a list of statewide electors is furnished and no person who acquires a list of statewide electors prepared from such list shall use any information contained therein for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. Provided however, that any such list and label may be used for any political purpose. History: [34-437A, added 1976, ch. 344, sec. 2, p. 1148; am. 2003, ch. 48, sec. 8, p. 184.]

34-437B

TITLE 34 ELECTIONS CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION 34-437B. Furnishing lists of registered electors to school districts. Each of the county clerks, upon receiving a request therefor, not later than the thirtieth day prior to a school election, shall, not later than the seventh day prior to the election, supply to a requesting school board a list of registered electors, that are within the school district within which a school district election is to be held. The county clerk may assess the school board an amount which will compensate the county for the cost of preparing such a list. History: [34-437B, added 1987, ch. 256, sec. 3, p. 520; am. 1988, ch. 71, sec. 1, p. 102; am. 2006, ch. 70, sec. 4, p. 215.]