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(a)?It shall be the duty of the permanent registrar to cancel the registration of voters:
(1)?Who have failed to respond to address confirmation mailings described in section 10 of this amendment and have not voted or appeared to vote in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for federal office that occurs after the date of the address confirmation notice;
(2)?Who have changed their residence to an address outside the county;
(3)?Who have died;
(4)?Who have been convicted of a felony and have not discharged their sentence or been pardoned;
(5)?Who are not lawfully qualified or registered electors of this state or of the county; ?or
(6)?Who have been adjudged mentally incompetent by a court of competent jurisdiction.
(b)?It shall be the duty of the permanent registrar of each county upon the registration of a person who has been registered previously in another county or state to notify promptly the permanent registrar of such other county or state of the new registration.
(c)(1)?It shall be the duty of the State Registrar of Vital Records to notify promptly the Secretary of State of the death of all residents of this state.
(2)(A)?The Secretary of State shall compile a listing of the deceased residents of this state and shall promptly provide this listing to the permanent registrar of each county.
(B)?The deceased voter registration shall be cancelled by the permanent registrar.
(d)(1)?It shall be the duty of the circuit clerk of each county upon the conviction of any person of a felony to notify promptly the permanent registrar of the county of residence of such convicted felon.
(2)(A)?It is the duty of any convicted felon who desires to register to vote to provide the county clerk with proof from the appropriate state or local agency, or office that the felon has been discharged from probation or parole, has paid all probation or parole fees, or has satisfied all terms of imprisonment, and paid all applicable court costs, fines, or restitution.
(B)?Proof that the felon has been discharged from probation or parole, paid all probation or parole fees, or satisfied all terms of imprisonment, and paid all applicable court costs, fines, or restitution shall be provided to the felon after completion of the probation, parole, or sentence by the Department of Correction, the Department of Community Correction, the appropriate probation office or the circuit clerk as applicable.
(C)?The circuit clerk or any other entity responsible for collection shall provide proof to the Department of Correction, the Department of Community Correction, or the appropriate probation office that the felon has paid all applicable court costs, fines, or restitution.
(D)?Upon compliance with subdivision (d)(2)(A) of this section, the felon shall be deemed eligible to vote.
(e)(1)(A)?If upon inquiry an individual is found by a court to be unfit and disqualified to act as a grand or petit juror because the person is not a citizen of the United States:
(i)?The name of the individual shall be put aside and not used; ?and
(ii)?A notation of the dismissal of the name and reason for dismissal of the name shall be made in the jury book.
(B)?The circuit clerk shall promptly notify the permanent registrar of the county of residence of an individual who is disqualified from serving as a juror under subdivision (e)(1)(A) of this section.
(C)?After receiving the notice from the circuit clerk, the permanent registrar shall promptly cancel the dismissed juror's voter registration, update the voter registry, and send the dismissed juror notice under subsection (f) of this section.
(2)(A)?It is the duty of any person whose registration has been cancelled under subsection (e) of this section to provide the permanent registrar with proof from the appropriate federal, state, or local agency that he or she is a citizen of the United States.
(B)?Upon complying with subdivision (e)(2)(A) of this section the person shall be deemed eligible to vote and the permanent registrar shall add the citizen to the voter registry upon the citizen's application for voter registration.
(f)?Within ten (10) days following the receipt or possession of information requiring any cancellation of registration, other than under section 11(a)(1) of this amendment, the permanent registrar shall cancel the registration, note the date of the cancellation, the reason for the cancellation, and the person cancelling the registration.
(g)(1)?The permanent registrar shall, thirty (30) days before cancellation, notify all persons whose registration records are to be cancelled in accordance with section 11(a)(1) of this amendment. ?The notice may be either by publication or by first class mail. ?The notice by mail shall be as follows:
?NOTICE OF IMPENDING CANCELLATION OF VOTER REGISTRATION.
According to our records you have not responded to our address confirmation notice and you have not voted in any election during the period beginning on the date of the notice and ending on the day after the date of the second general election for federal office after the date of the first notice. ?This may indicate that you no longer live at the residence address printed on the postcard. ?If your permanent residence address is still the same as the printed address on this postcard YOU MUST CONFIRM YOUR RESIDENCE ADDRESS in order to remain on the voter registration list. ?If you do not return the attached postcard within thirty (30) days after the date postmarked on this card YOUR REGISTRATION WILL BE CANCELLED and you will have to re-register to vote.?
(2)?When, in response to the notice, a qualified voter requests the permanent registrar not to cancel the voter registration, the voter registration shall not be cancelled under section 11(a)(1) of this amendment.
(h)?The permanent registrar is authorized, and may be directed by the county board of registration, to determine by mail check, house to house canvass, or any other reasonable means at any time within the whole or any part of the county whether active record registration files contain the names of any persons not qualified by law to vote. ?Further, upon application based upon affidavits of one (1) or more qualified voters by the prosecuting attorney for the county, the circuit judge of the county, for good cause shown, may order the permanent registrar to make sure determination or to cancel the registration of such unqualified persons.
Cite this article: FindLaw.com - Arkansas Constitution of 1874 Amendment 51, § 11. Cancellation of registration - last updated January 01, 2020 | https://codes.findlaw.com/ar/arkansas-constitution-of-1874/ar-const-amend-51-sect-11.html
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