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Draft rule would standardize affidavit for challenges to voter registration and set clerk assessment, record-retention requirements
Summary
A proposed regulation (LCB R103-25P) would require a prescribed affidavit form for challenges alleging noncitizenship or residency changes, direct county clerks to assess the reliability of the filer, retain assessment records for two years and allow sharing with the Secretary of State or other clerks; a public caller asked about the separate compliance/investigative regulation.
The Elections Division presented a draft regulation, identified as LCB file R103-25P, to standardize the form and content of affidavits filed by electors or other reliable persons to challenge a registrant's citizenship or residency. Under the draft, the county clerk must use a form prescribed by the Secretary of State, assess whether the filer is an elector or other reliable person, retain assessment records for at least two years, and may share such records with the Secretary of State or other clerks upon request.
Caller Ellen Gifford asked whether a separate regulation would set out the compliance and investigative procedures followed when an affidavit alleges a registrant is not a U.S. citizen and may have committed a crime by registering. Velaschin said proposed regulation R031-25 (staff compliance/investigations regulation) addresses the compliance role and actions taken by the Secretary of State's civil investigators on alleged election crimes and related matters.
Broadcasting staff reported no additional callers and public comment on this item was closed. Staff said written comments are in the record and that any follow-up amendments would be published prior to adoption hearings.
