6362-S AMH NIXO LEAT 073

SSB 6362 - H AMD 1049

By Representative Nixon

ADOPTED 3/2/2006

   On page 4, beginning on line 8, strike all of subsection (c) through "located" on line 22 and insert the following:

   "(c) The challenged voter does not live at the residential address provided, in which case the challenger must either:

   (i) Provide the challenged voter's actual residence; or

   (ii) Submit evidence that he or she exercised due diligence to verify that the challenged voter does not reside at the address provided and to attempt to contact the challenged voter to learn the challenged voter's actual residence, including that the challenger personally:

   (A) Sent a letter with return receipt requested to the challenged voter's residential address provided, and to the challenged voter's mailing address, if provided;

   (B) Visited the residential address provided to contact persons at the address to determine whether the voter resides at the address and, if not, to attempt to obtain the voter's current address;

   (C) Searched local telephone directories, including online directories, to determine whether the voter maintains a telephone listing at any address in the county;

   (D) Searched county auditor property records to determine whether the challenged voter owns any property in the county; and

   (E) Searched the statewide voter registration database to determine if the voter is registered at any other address in the state"

EFFECT: For challenges to a voter's registration based on an allegation that the challenged voter does not live at the residential address provided in his or her registration records, instead of requiring the challenger to provide the challenged voter's actual residence, requires that the challenger provide either the challenged voter's actual residence or submit evidence that he or she exercised due diligence to personally verify that the challenged voter does not reside at the address provided and to attempt to contact the challenged voter to determine the challenged voter's actual residence. Specifies the minimum actions necessary for a challenger to establish that he or she has exercised due diligence. Removes the provision providing for a challenge to a voter's residential address based on the allegation that the address provided does not constitute a residential address.