13-2-403. Challenge of registration. (1) Forty-five or more days before the close of registration for an election, three registered electors of a precinct may challenge the registration of an elector by filing affidavits giving the name of the elector whose registration is challenged, the address at which the elector is registered, and a statement that the affiant has personal knowledge that the elector does not reside at the address where registered.
     (2) No later than 3 days after the filing of affidavits as provided in subsection (1), the election administrator shall send written notice to the elector whose registration is challenged, at the address shown on the registration form. The notice must state that registration will be moved to the inactive list within 15 days of the filing of the affidavits unless the elector refutes the affidavits by submitting proof or a sworn statement that the elector resides at the address given on the registration form.
     (3) The election administrator must move to the inactive list the registration of an elector whose registration is challenged under this section 15 days after the filing of the affidavits required in subsection (1) unless proof or a sworn statement as required in subsection (2) is received.
     (4) If an elector proves or swears that the elector resides at the address given on the registration form after the registration has been moved to the inactive list as provided in this section, the elector's registration must be moved to the active list. The registration is effective for the next election even though the registration for that election is closed.

     History: En. Sec. 33, Ch. 368, L. 1969; amd. Sec. 1, Ch. 299, L. 1971; amd. Sec. 10, Ch. 365, L. 1977; R.C.M. 1947, 23-3014(2); amd. Sec. 38, Ch. 571, L. 1979; amd. Sec. 8, Ch. 246, L. 1997.