Challengers must give firsthand evidence, and county officials must dismiss cases that lack probable cause before a hearing.
County officials hold a voter challenge hearing only when they cannot confirm eligibility and the evidence gives probable cause to question it. The challenger must prove the case beyond a reasonable doubt.
County auditors cancel inactive registrations after confirming a voter's death, learning the voter registered in another state, or receiving the voter's signed request to cancel.
County auditors post each voter challenge online within 10 business days and alert people who signed up to receive ongoing notices.
County officials may hold a challenge hearing only if they cannot confirm the voter's eligibility and the evidence gives probable cause to question it. Challenges may concern only the legal grounds listed in the law, such as a qualifying felony sentence, ineligibility declared by a court, an incorrect residence address, age, or citizenship. Only a same-county registered voter or the county prosecutor may challenge a voter, and the challenge must use a legal ground. The challenger must provide firsthand facts and supporting evidence, and sign a separate paper affidavit for each voter under penalty of perjury. At a hearing, the challenger must prove beyond a reasonable doubt that the registration is improper. If officials independently confirm eligibility, they must dismiss the challenge without a hearing. Challenges are generally due no later than 45 days before an election. A challenge may be filed later if the voter registered or changed residence less than 60 days before the election; it is due no later than 10 days before the election or within 10 days after the voter is added to the database, whichever is later.
County auditors cancel inactive voter registrations when they confirm the voter's death, learn the voter registered in another state, or receive the voter's signed request to cancel. These cancellation rules apply to inactive registrations. An inactive voter is not subject to a registration challenge. For a death, the auditor must receive and confirm information under the law's death-record process. Before canceling a registration based on the voter's written notice, the auditor must verify that the signature matches the registration file. Before two federal general elections pass, an inactive voter returns to active status by reporting an address change, confirming continued residence, or voting or trying to vote.
County auditors publish the full contents of voter challenges on their websites and notify people who request ongoing alerts. The online posting covers any voter challenge filed under the chapter. Challenge information must remain in the auditor's records for the required retention period and may be disclosed upon request. Auditors may remove the online information 45 days after the challenge is completed or dismissed.
No hearings or votes scheduled.