The Honorable Thomas J. Cook

State Election Commissioner

Department of Elections

32 W. Loockerman Street

Dover, DE 19904
 
 

Dear Mr. Cook:

You have asked this office to review and clarify its opinion issued on January 27, 1995 regarding the National Voter Registration Act ("NVRA") in light of particular provisions in the Act's legislative history. This opinion supercedes only those portions of our opinion of January 27, 1995 that are inconsistent herewith. See, Att. Gen. Op. 95-IB06 (January 27, 1995) (National Voter Registration Act of 1993). The portion of the legislative history which you requested to be reviewed stated that "a 'request' by a registrant would include actions that result in the registrant being registered at a new address, such as registering in another jurisdiction or providing a change of address notice through the driver's license process that updates the voter registration." House Comm. on House Administration, National Voter Registration Act of 1993, H. Rep. No. 103-9, 103d Cong., 1st Session, p. 14-15; Senate Comm. on Rules and Administration, Establishing National Voter Registration Procedures for Federal Elections, and For Other Purposes, S. Rep. No. 103-6,
 

The Honorable Thomas J. Cook

March 24, 1999

Page 2

103d Congress, 1st Session, p. 19 footnote.

In reviewing this language and the samples sent with your original opinion request, we believe that our advice regarding the handling of samples 1 through 6 and 9 remains the same. Samples 1, 2 & 3 are clearly requests from the registrant to be purged from the registration pursuant to 42 U.S.C. §1973gg-6(a)(3)(A). Samples 4, 5 and 6 appear to relate to applications for registration. However, as there is no indication that the application resulted in a registration in another jurisdiction, the procedures outlined in the NVRA should be followed. 42 U.S.C. §1973gg-6(c) & (d). As for sample 9, where the source of the information is not clear, the steps to verify a change in registration, as outlined in the NVRA, should be followed. 42 U.S.C. §1973gg-6(c) & (d).

As for sample 8, the document's origin will be determinative. If the document was produced by another state's motor vehicle department for the purpose of "providing a change of address notice through the driver's license process that updates the voter registration", then the form would be acceptable. If the form was not so generated, it would be a notification of a change of address for which there is a clear procedure to be carried out before purging the registration. 42 U.S.C. §1973gg-6(d). The form presented for our review does not indicate whether it was generated through a driver's license process that updates voter registration. Without that information, it would be advisable to follow the procedures provided by the statute before purging.

Finally, we do find that, in light of the legislative history, sample 7 would be an acceptable method of notification for the purpose of purging the registration. Sample 7, which clearly states that the person has registered in another jurisdiction, should be considered a "request" as it was an action

The Honorable Thomas J. Cook

March 24, 1999

Page 3
 

resulting in registration in another jurisdiction. Therefore, you should purge that person from the Delaware voter registration pursuant to 42 U.S.C. §1973gg-6(a)(3)(A).

If you have any further questions, please contact us.

Very truly yours,
 

________________________________

Malcolm S. Cobin

Assistant State Solicitor
 
 
 
 
 
 
 

_______________________________

Mary Page Bailey

Deputy Attorney General
 
 
 
 
 
 
 
 
 

APPROVED:
 

________________________________

Michael J. Rich

State Solicitor
 
 
 

cc: William G. Burke, Sr.

Administrative Director, New Castle County
 
 

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