Who Gets Removed From the Voter Rolls — And Who Decides?
by Kim Hermance, President, Co-founder, and Co-director Project CIVICA
One of the most misunderstood issues in election administration and a question I get asked frequently is how voters are legally removed from the voter rolls.
Many people assume Boards of Elections can simply delete registrations whenever someone moves, dies, or stops voting. In reality, both federal and New York law impose strict procedures designed to balance two competing goals:
Protecting eligible voters from wrongful removal, and
Maintaining accurate and up-to-date voter registration records.
The process is governed primarily by Section 8 of the National Voter Registration Act (NVRA), codified at 52 U.S.C. §20507, along with New York Election Law Article 5, including Sections 5-400 and 5-402.
Understanding how this process works is important not only for election officials, but also for ordinary citizens who want to help improve the accuracy of voter rolls lawfully and responsibly.
The NVRA Requires Both Accuracy and Voter Protection
The NVRA is often discussed only in the context of preventing improper voter removals, but the law actually requires states to do two things simultaneously:
Protect eligible voters from wrongful removal, and
Conduct reasonable voter registration list maintenance.
Under Section 8 of the NVRA, states are required to make a “reasonable effort” to remove voters who are no longer eligible because of:
Death,
Change of residence outside the jurisdiction,
Criminal disqualification where permitted by state law,
Or the voter’s own request to cancel registration.
At the same time, the NVRA also requires election officials to administer a:
“uniform and nondiscriminatory” voter registration list maintenance program that complies with the Voting Rights Act.
This language is important because it recognizes that voter list maintenance itself is a lawful and required part of election administration when conducted properly and consistently under the law.
The law also prohibits discriminatory or selective enforcement and bars removing voters solely because they failed to vote.
In other words, simply skipping elections is not enough to legally remove a voter from the rolls.
Instead, election officials must follow a formal notice-and-confirmation process before removing voters based on a suspected change of residence, for example.
Active, Inactive, and Purged Status
Many voters do not realize there are multiple stages before a voter is formally removed from the voter rolls.
In New York, voter records are generally categorized as:
Active (“A”)
Inactive (“I”)
Or eventually Cancelled/Purged
Active Status
An active voter is considered currently registered and eligible at the address on file.
Inactive Status
A voter may be moved to inactive status when the Board of Elections receives information suggesting the voter may no longer reside at the registered address and the voter fails to respond to the legally required confirmation notice.
Importantly, inactive status does not mean the voter has been removed from the rolls or lost the right to vote.
Inactive voters may still vote normally if they appear at the polls and confirm their address eligibility.
Cancelled or Purged Status
Only after the legally required notice process and waiting period may the voter eventually be cancelled or purged from the registration rolls. In New York, no one is technically “removed” from the rolls. They remain in the database with the status purged, and would need to re-register to get back to active status to vote.
This process exists specifically to prevent wrongful removals while still allowing states to maintain accurate voter records.
What Starts the Removal Process?
Under both federal and New York law, Boards of Elections may begin the process when they receive reliable information suggesting a voter may no longer be eligible at the registered address.
These are commonly called “triggers.”
Examples may include:
A death notice or obituary,
Returned Board of Elections mail,
National Change of Address (NCOA) data,
DMV or government agency records,
Written confirmation from the voter,
Information from current residents,
Interstate voter registration comparisons,
Court or felony records where applicable.
New York Election Law §5-402 specifically allows election officials to act when they receive information indicating a voter may no longer reside at the registered address.
However, even then, removal is usually not immediate.
Not All “Triggers” Permit Immediate Removal
An important distinction under the NVRA is that not all information received by a Board of Elections permits immediate removal from the voter rolls.
Certain records — such as official death records, a voter’s written cancellation request, confirmed felony disqualification where applicable under state law, or written confirmation that a voter moved outside the jurisdiction — may permit direct cancellation under state law and Board procedures.
Other information, however, generally serves only as a trigger for the NVRA confirmation notice process rather than immediate removal.
This may include:
National Change of Address (NCOA) data,
Returned mail,
DMV or agency records,
Information from current residents,
Interstate voter registration comparisons,
Or other third-party information suggesting a voter may have moved.
Under federal law, this type of information typically requires election officials to send a confirmation notice and follow the NVRA notice-and-waiting process before a voter may ultimately be removed from the rolls.
This distinction is important because the NVRA was designed both to maintain accurate voter records and to protect eligible voters from improper or premature removal.
The NVRA Confirmation Notice Process
For most address-related removals, federal law requires what is formally known as the NVRA confirmation notice process under Section 8(d) of the National Voter Registration Act.
This process is sometimes informally called the “NVRA postcard process” because the law references a postage prepaid and pre-addressed return card sent to the voter.
The process generally works as follows:
Step 1 — A Trigger Occurs
The Board of Elections receives information suggesting the voter may no longer live at the registered address.
This may come from:
Returned election mail,
National Change of Address (NCOA) records,
Information from current residents,
DMV or government agency records,
Interstate registration data,
Or other reliable information.
Step 2 — The Board Sends a Confirmation Notice
The Board mails a forwardable confirmation notice to the voter’s registered address asking the voter to confirm whether they still reside there.
The voter may:
Confirm they still live there,
Update their address,
Confirm they moved out of the jurisdiction,
Or fail to respond.
Step 3 — The Voter May Be Moved to Inactive Status
If the voter does not respond to the notice, the voter may be placed into inactive status.
Again, this does not remove the voter from the rolls or eliminate the right to vote.
Inactive voters may still vote if they appear at the polls and confirm their eligibility.
Step 4 — The Federally Required Waiting Period
Under the NVRA, the voter generally cannot be removed immediately.
The voter must then fail to:
Vote,
Appear to vote,
Sign petitions,
Update registration,
Or otherwise interact with election officials
through two consecutive federal general election cycles.
This waiting period is one of the major safeguards built into federal law to prevent improper voter removals.
Interaction with the DMV or another government agency may trigger voter registration activity that prevents a voter from being moved to inactive status or removed from the rolls. Under New York’s automatic voter registration system, individuals are generally registered unless they affirmatively “opt out.”
Step 5 — Removal from the Rolls
Only after the legally required notice and waiting period may the voter be formally cancelled or purged from the voter registration rolls.
The process is designed to balance two important goals:
Protecting eligible voters from wrongful removal, and
Maintaining accurate voter registration records.
How Citizens Can Help
Accurate voter rolls are not solely the responsibility of government agencies. Citizens can lawfully assist the process by providing reliable information to election officials. Contact your county board of election to find out what they would accept from a third party to start the NVRA removal process.
Reporting Deceased Individuals
For deceased individuals, local Boards of Elections may accept:
An obituary,
A death notice,
Information from family members,
Or a copy of a death certificate submitted by next of kin.
This may be sufficient to begin the legally required confirmation process.
Reporting Previous Residents
If a voter no longer lives at an address, the current resident may notify the Board of Elections.
Returned election mail marked as undeliverable or indicating the voter moved may also trigger the NVRA confirmation notice process.
Encouraging Voters to Update Registrations
Many voters do not realize they remain registered at old addresses after moving.
Voters should periodically check voter registration records at former addresses to ensure outdated registrations have been properly updated or removed. If a voter discovers they remain registered at a previous address or in another state, they should contact the appropriate Board of Elections and take steps to update or cancel the old registration to help maintain accurate voter rolls. In many cases written notification is required by snail mail.
In some cases, interaction with the DMV or other government agencies may keep registrations active unless the voter affirmatively updates or cancels their registration.
Organizations and local civic groups can help educate voters on:
How to update registration after moving,
How to cancel registration in a former state,
How to report deceased family members properly,
And why maintaining accurate rolls benefits election administration and public confidence.
A Role for Local Civic Organizations
At Project Civica, we have analyzed National Change of Address (NCOA) data identifying hundreds of thousands of voters who appear to have moved out of state while remaining registered in New York.
We have attempted to notify county Boards of Elections when these discrepancies appear significant, though the response has varied by county.
One challenge is scale.
Ideally, voters who move would receive direct educational outreach explaining how to remove themselves from old voter rolls and properly update their registrations. But conducting such a statewide effort requires substantial volunteer support and funding.
This presents an opportunity for local civic organizations, political clubs, and committee people.
Rather than viewing voter roll maintenance as purely administrative, communities can treat it as civic engagement.
Committee people and local volunteers can:
Educate residents on registration procedures,
Help voters understand address updates,
Assist families after the death of loved ones,
Encourage lawful participation in elections,
And build stronger neighborhood relationships.
When voters know their local representatives and feel connected to the civic process, they are more likely to participate in elections and community life.
Election integrity is not merely about removing names from lists.
It is about maintaining accurate records while protecting lawful voters, improving public confidence, and strengthening civic participation through transparency, education, and lawful process.
Recommendations to Improve Voter Roll Accuracy and Public Confidence
Accurate voter rolls are essential to both election administration and public confidence in elections. While the NVRA establishes the legal framework for voter registration maintenance, there are additional steps states and election officials could take to improve the accuracy, transparency, and consistency of voter records.
Greater Interstate Data Coordination
One of the largest challenges facing election officials is maintaining accurate records when voters move across state lines.
States should voluntarily compare voter registration records with reliable interstate data systems to identify potential duplicate registrations and out-of-state movers. One example is the federal SAVE system, which some policymakers have proposed expanding or adapting to assist states in verifying citizenship and improving voter registration accuracy where legally permitted.
States could also improve voluntary interstate cooperation regarding address changes, duplicate registrations, and death records while ensuring compliance with federal privacy protections and the Voting Rights Act.
Improved Use of National Change of Address (NCOA) Data
National Change of Address data can be a valuable tool for identifying voters who may have moved.
States and counties should consistently and uniformly use NCOA data as a lawful trigger for the NVRA confirmation notice process while ensuring voters receive the protections required under federal law before removal.
Better Communication With Voters
Many voters simply do not realize they remain registered at old addresses after moving.
States could improve voter education by:
Sending clearer notices,
Providing easier online cancellation and update procedures,
Encouraging voters to verify registrations periodically,
And educating voters on how automatic voter registration systems operate.
More Transparency in Voter Roll Maintenance
Public confidence improves when election administration is transparent.
Boards of Elections should consider:
Publishing clearer explanations of voter status categories,
Explaining how active, inactive, and cancelled statuses work,
Providing public statistics on list maintenance activity,
And making lawful voter registration data more accessible for public oversight and research.
Uniform Statewide Procedures
The NVRA requires voter list maintenance programs to be “uniform and nondiscriminatory.”
States should work to ensure counties apply voter registration maintenance procedures consistently statewide so that similarly situated voters are treated equally regardless of county or jurisdiction.
Encouraging Civic Participation and Oversight
Citizen involvement can strengthen election administration when conducted lawfully and responsibly.
Local civic organizations, political committees, and community groups can help educate voters about:
Updating registrations after moving,
Cancelling outdated registrations,
Reporting deceased voters appropriately,
And understanding the legal safeguards built into the NVRA process.
Improving voter roll accuracy should not be viewed solely as a partisan issue.
Accurate voter records help protect lawful voters, improve election administration, reduce confusion at the polls, and strengthen public confidence in the electoral process overall.
Support Project CIVICA’s Work
Educating the public on voter registration law, election administration, and lawful voter roll maintenance takes time, research, outreach, and resources.
At Project Civica, we continue working to analyze voter registration data, identify inconsistencies, educate citizens on the legal processes governing voter registration maintenance, and encourage lawful civic participation and transparency.
If you believe informed citizens and accurate voter records are important to public confidence in elections, please consider supporting our work.
Donations help support:
Public education and research,
Data analysis and reporting,
Civic engagement initiatives,
Volunteer training,
Outreach to voters and local communities,
And efforts to improve transparency and accountability in election administration.
You can support Project Civica and help expand these educational efforts by donating through our website at ProjectCivica.org.