William G. Burke, Sr.
Department of Elections for New Castle County
Carvel State Office Building
820 N. French Street
Wilmington, DE 19801
RE: National Voter Registration Act - 001
Dear Mr. Burke:
You have asked how the National Voter Registration Act ("NVRA"), which governs elections to Federal offices only, impacts the Board of Elections' ability to remove voters from the voting rolls pursuant to 15 Del. C. § 1702. The NVRA lists specific grounds for removal of an individual's name from the official list of eligible voters. These grounds are death, mental incapacity, criminal conviction, registrant's request and a change of residence. 42 U.S.C. § 1973gg-6(a)(3) & (4).
In contrast, 15 Del. C. § 1702 is a procedure the State follows to remove ineligible voters. The statute states that "[a]t any duly called meeting of the board of elections for each county, the board may sit to consider the removal of names from the County Master Record in cases where there is valid reason to believe a