What Happens When a Voter Moves?
A Closer Look at List Maintenance Policies in the United States
The MIT Election Data and Science Lab helps highlight new research and interesting ideas in election science, including through research grants under our ongoing Practice-Oriented Research program.
Our post today comes from James Alcorn, of William & Mary Law School’s Election Law Program, based on their ongoing research funded by this program. The information and opinions expressed in this column represent their own research, and do not necessarily represent the opinions of the MIT Election Lab or MIT.
Every election office faces the same challenge: ensuring voter registration records remain accurate while protecting every eligible citizen's right to vote. One of the most important tools used to achieve that balance is voter list maintenance, the process by which election officials update registration records when voters move, die, or otherwise become ineligible. While voter list maintenance often enters public discussion during election cycles, the actual legal framework is complex and varies significantly from state to state.
Introduction
To better understand these differences, the Election Law Program (ELP) conducted a state-by-state review of voter list maintenance timelines. Our research examined how states identify potential movers, notify voters, provide opportunities to remain registered, and ultimately remove records when required by law.
Elections run on timelines. These timelines can be found in statutes, regulations, and volumes of process manuals. Building upon the ELP’s recent project to categorize and explain post-election timelines, the ELP’s research focuses on timelines for voter list maintenance. To support this research, the ELP is developing interactive state timeline visualizations that allow users to compare list maintenance processes across jurisdictions. Here is a prototype timeline:
The ELP’s research focuses on systematic removals of voters who have moved. The primary framework for this process is the National Voter Registration Act of 1993 (NVRA). While the NVRA governs 44 states and the District of Columbia, six states (Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming) are exempt. Unless otherwise indicated, this research focuses on states that are subject to the NVRA.
Although all NVRA states operate within the same federal framework, our research found substantial variation in nearly every stage of the process, from how potential moves are detected to how long voters remain inactive before removal.
This process can roughly be described as: 1) an initial trigger; 2) notice to the voter; 3) a period of inactivity; 4) a quiet period; 5) potential voter remedies; and 6) a final action on the voter record. While there are many commonalities across the country, a deeper dive shows significant variation in the specific processes used throughout the states. And some states provide for decentralized options within a state-supervised framework (for example, Kentucky).
Step 1: How States Identify Potential Movers
When an election official receives information that a voter may have moved, it does not result in an immediate deletion. Instead, it triggers a formal verification process required by the NVRA and state laws. States use a variety of mechanisms to identify voters who might have moved. A common process is to match state voter rolls against the National Change of Address (NCOA) data provided by the United States Postal Service (USPS). The USPS maintains this list from information provided by people who move and forward their mail. States vary in how frequently they review this information from monthly checks in Colorado, to annual, and biennial checks in other states.
Election officials use multiple methods to identify voters who might have moved. Virginia, like many states, track mail from election offices to voters that are returned as undeliverable and flags those voters for later confirmation. Similarly, states such as Florida track voters whose jury notices indicate a change of address. Massachusetts performs an annual census or street list by mailing forms to households across the Commonwealth. Failure to return the form can result in placement on the inactive voter list.
Many election officials rely on data sharing agreements with other states. Some jurisdictions also incorporate commercial databases, such as credit agencies, as an additional check. According to DOJ guidance, Section 8 of the NVRA prohibits the use of information submitted by a third party to immediately cancel a voter’s registration. But the data can serve as an initial trigger to mail a confirmation card. Some states expressly permit the use of commercial data to identify voters who have moved (for example, Indiana and Tennessee).
And several states use a lack of voting activity to identify voters who might have moved. States have a variety of time periods that they analyze for voter activity. Most states that use voting activity to trigger list maintenance use two or four years with only a few states using a five-year period of no voter activity.
Step 2: Notifying Voters
If a potential move outside the jurisdiction is identified, an election official must send a notice to the voter. Voters then have the opportunity to respond to the notice. In some states, such as Iowa and Louisiana, voters are immediately moved to an inactive list when they receive this notice. In other states, voters have a period of time to respond to the notice. This can range from 14 days in Maryland and Rhode Island to 60 days in Delaware and Oklahoma. While these states all send notice to voters before or when the voter is made inactive, states, such as Georgia, send a second notice to voters before the voter is removed from the inactive list.
Step 3: What Happens on the Inactive List?
After notice is sent, voters are placed on an inactive list and this is another area where timelines differ from state to state. Aligning with the NVRA, the majority of states anchor the inactive period through the next two federal general elections. A subset of states rely on a fixed multi-year calendar that runs independently of election dates.
Importantly, being inactive doesn’t mean that someone cannot vote. Federal law is clear that inactive voters remain qualified electors and can still vote. There is nuance though – some states, like Arizona, remove the voter from the active early voting list until the voter reconfirms their status.
Just as there is variation between the states, there is also variation within some states. Unlike standard mandatory NVRA compliance structures in most states, Maine’s framework treats the inactive designation and subsequent removal process as optional. Municipalities that choose not to maintain an inactive list are legally barred from removing voters who fail to respond to confirmation cards.
Step 4: Election Quiet Periods
Step 5: Opportunities for Voters to Remain Registered
Federal law allows voters to return to active status if they respond to the notice, vote, or appear to vote within the given period. Most states provide additional methods for voters to regain their active status, such as requesting a mail ballot (Rhode Island), signing a candidate petition (California), serving on a jury (Mississippi), filing a certificate of candidacy (Maryland), confirming the voter’s registration on the official state election website (California), or serving as active duty military (Mississippi).
Step 6: When a Registration Record May be Removed
If the voter does not return to active status, list-maintenance processes eventually reach their final step: removal. If a voter has not responded to the notice or appeared to vote (and, if necessary, corrected the voter’s record), election officials may remove the voter from the voting rolls.
Most state laws stick close to the NVRA’s language permitting a state to remove the voter on the day immediately following the second federal general election. But some states have additional timelines for these removals. Indiana, for one, requires the county voter registration office to cancel these inactive voters thirty days after the second general election. Meanwhile, New Mexico directs the board of registration to execute cancellations during its review, no later than March 15 following the general election.
Conclusion
Although voter list maintenance is often discussed as a single process, our research shows that it is better understood as a collection of state-specific systems operating within a common federal framework. The NVRA establishes broad guardrails, but states retain substantial discretion over how they identify potential movers, notify voters, provide opportunities for status restoration, and ultimately update registration records. Understanding these differences is essential for researchers, election administrators, judges, policymakers, and voters seeking to understand how election administration works across the United States. By mapping these timelines state by state, the ELP hopes to make a complex area of election administration more accessible and easier to compare across jurisdictions.