Cal. Code Regs. Tit. 2, § 19081 - Inactivating and Cancelling Voters

(a) If mailings have been returned as undeliverable, or if NCOA, Operation Mail, a returned mailing, or postal service change-of-address data indicates that a voter has moved and left no forwarding address or moved out of state, the county elections official shall send a forwardable address confirmation mailing to the voter at that same address, which must be in the form required by Section 8(d)(2) of the NVRA (52 U.S.C. Section 20507(d)(2)).

(1) Pursuant to Section 2226(a)(3) of the Elections Code, the county elections official shall not send this mailing to a voter who has confirmed the voter's voter registration record on the internet website of the Secretary of State within the year. However, in the event mailings have been returned as undeliverable or any of the above-mentioned notifications or data indicates that voter has moved and left no forwarding address or moved out of state, this mailing must be sent even if this mailing occurs within a year of the voter's confirmation.

(b) Upon the sending of the notice described in subdivision (a), the county elections official shall update the voter's record to inactive status.

(c) An inactive voter retains the legal right to vote, but need not be mailed election materials. A voter who does not respond to the notice described in subdivision (a) prior to the 15th day before the date of an election may have to provide proof of their residence address in order to vote.

(d) The registration of a voter who is sent a notice described in subdivision (a) shall be cancelled pursuant to Section 303(a)(4)(A) of HAVA (52 U.S.C. Sections 21083(a)(4)(A)) and Sections 8(a)(4) and 8(d)(3) of the NVRA (52 U.S.C. Sections 20507(a)(4), (d)(3)) unless the voter:

(1) Responds to the notice confirming a California residential address;

(2) Offers or appears to vote in any election in California within the next two federal general election cycles following the date of the notice; or

(3) Otherwise confirms their California residence (i.e., by re-registering to vote or submitting a change of address through DMV).

(e) The county elections official shall cancel a voter's registration for reasons described in Elections Code section 2201(a).

(f) Prior to cancelling a voter's registration based on a written request submitted by the voter, the county elections official shall determine that the signature on the written request and, if provided, the date of birth and/or California driver license or identification card number appear to be the same as that on the affidavit of registration. A scanned copy of the cancellation request shall be attached to the voter record as verification.

(g) Upon cancellation of a registration pursuant to subdivision (f), the county elections official shall confirm in writing to the requestor, within 30 days of receipt of the request, that the registration has been cancelled pursuant to the request.

Notes

Cal. Code Regs. Tit. 2, § 19081

1. New section filed 8-27-2020; operative 8-27-2020 pursuant to Government Code section 11343.4(b)(3). Filing deadline specified in Government Code section 11349.3(a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 35).

Note: Authority cited: Section 12172.5, Government Code; and Sections 10 and 2168, Elections Code. Reference: Sections 2201, 2220, 2221, 2222, 2223, 2224, 2225, 2226 and 2227, Elections Code; and 52 U.S.C. Sections 20507 and 21083.

1. New section filed 8-27-2020; operative 8/27/2020 pursuant to Government Code section 11343.4(b)(3). Filing deadline specified in Government Code section 11349.3(a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 35).