has moved outside the State and asks that she be removed from the official list, this would
comply with the NVRA; and she could be removed. However, if she replies that she has moved
within the State, depending on where she has moved, either 15 Del. C. § 2041 or
§ 2042 would apply. If, after the Department sends her the appropriate change of address
form and application, the registrant fails to respond, she could only be removed by a procedure
complying with 42 U.S.C. § 1973gg-6. In 42 U.S.C. § 1973gg-6(d), there are
specific instructions to be followed if there is a suspected change of residence and the registrant
fails to respond.
If the registrant fails to respond to your initial request, then this case must be addressed as a
change of residence problem in the same manner as the failure to respond to the change of
address form and application. As we stated earlier, this will require changes to Title 15 and the
enactment of regulations complying with the procedure required by the NVRA.
If you have any further questions, please call us.
Very truly yours,
Malcolm S. Cobin
Assistant State Solicitor
Michael F. Foster