2015 -- H 5952

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LC001989

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO ELECTIONS - VOTER REGISTRATION

     

     Introduced By: Representatives Tanzi, Carson, Ruggiero, Hearn, and Marcello

     Date Introduced: March 19, 2015

     Referred To: House Judiciary

     (Board of Elections)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-9.1-16 of the General Laws in Chapter 17-9.1 entitled

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"Registration of Voters" is hereby amended to read as follows:

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     17-9.1-16. Procedure on change of address -- Fail safe voting provisions. -- (a)

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Change of address within the same city or town. - (1) A registered voter who has moved from a

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residence address within a voting district to another residence address within the same voting

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district and who has not notified the local board of the change of residence address thirty (30)

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days or more prior to the election shall be permitted to vote at the polling place designated for the

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voting district or at the local board upon completion of a written affirmation form which shall

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record the voter's change of address within the voting district. The form may be completed by the

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voter at the polling place designated for the voting district and thereafter transmitted, after the

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close of the polls, to the local board or may be completed at the local board.

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      (2) Any registered voter who has moved his or her residence from one residence address

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to another residence address within the same city or town and who has not notified the local

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board of the change of residence address thirty (30) days or more prior to the election shall be

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permitted to vote as follows:

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      (i) A registered voter who has moved from a residence address in one voting district to a

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residence address in another voting district within the same city or town thirty (30) days or more

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preceding an election shall be permitted to vote a full ballot at the polling place of the new

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residence address or at the local board upon completion of an affirmation form which shall record

 

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the voter's change of address. If the form is completed at the polling place, the form shall be

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forwarded to the local board after the close of the polls; or

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      (ii) Any registered voter who has moved less than thirty (30) days preceding an election

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from one address to another address within a different voting district within the same city or town

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shall be permitted to vote at the polling place of the former address or at the local board and is

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entitled to vote the full ballot for the old polling place upon completion of an affirmation form

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which shall record the voter's change of address.

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      (3) Any registered voter to whom a confirmation mailing was sent by either the state

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board or a local board, based upon information other than change of address information received

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from or through the postal service, shall be placed on the inactive list of voters if the recipient of

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the confirmation mailing fails to return the related confirmation card. If the voter continues to

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reside in the same city or town and at the residence address currently recorded on the voter's

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registration card or at a residence address within the same voting district, the voter shall be

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permitted to vote at the polling place for that residence address upon signing an affirmation form.

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If the voter has moved to a new residence address within the same city or town but within a

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different voting district the registered voter shall be permitted to vote a full ballot at the polling

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place of the new residence address or at the local board upon completion of an affirmation form

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which shall record the voter's change of address.

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      (4) Any registered voter to whom a confirmation mailing was sent by either the state

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board or a local board, based upon change of address information provided by or through the

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postal service, shall not be placed on the inactive list even if the recipient of the confirmation

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mailing fails to return the related confirmation card. The registered voter shall be permitted to

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vote at the polling place of the new residence address or the local board without the requirement

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of signing an affirmation form. If the change of address information provided by or through the

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postal service was in error, the registered voter shall be permitted to vote at the polling place of

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his or her former address or at the local board upon signing the required affirmation form.

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      (b) Change of address from one city or town to another city or town. - (1) A voter who

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has moved his or her residence, as defined in § 17-1-3.1, from the address at which the voter is

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registered to another within a different city or town shall be required to register in the city or town

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to which the voter has moved; provided, that no person qualified to vote in any city or town in

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this state shall lose his or her right to vote in that city or town by reason of his or her removal to

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another city or town in this state during the thirty (30) days, less one day, next preceding an

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election or primary in the former city or town.

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      (2) That a voter who remains within the state, although he or she fails to register in the

 

LC001989 - Page 2 of 4

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city or town to which the voter has moved within time to vote in the city or town, shall be

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permitted to vote by special paper ballot to be provided by the secretary of state upon application

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for it approved by the board of canvassers of the voter's former city or town for federal and

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statewide elected officials only during the six (6) months, less one day, next preceding an election

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or primary.

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      (c) Persons erroneously excluded from certified voting list. - Any voter finding that his

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or her name is not on the certified voting list of his or her city or town being used at any election

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may make an affidavit before the local board, each member or employee of which is empowered

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to take his or her affidavit, that he or she is duly registered in the city or town and is not otherwise

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disqualified from voting in the election. The board may examine the voter and if it finds that the

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voter is qualified to vote, the voter shall, upon making the affidavit provided for, be allowed to

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vote either at the local board or at the polling place for the voting district in which the voter

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resides. In the latter case, the local board shall issue a temporary registration certificate as

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provided in § 17-10-18. Local boards shall be required to be continuously in session during the

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hours assigned for voting in each city or town. cast a provisional ballot in accordance with § 17-

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19-24.1.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS - VOTER REGISTRATION

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     This act would allow a voter to vote a provisional ballot without obtaining a temporary

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registration certificate. For purposes of understanding this amendment, the following § 17-19-

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24.1 is set forth below.

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17-19-24.1. Provisional voting under the Help America Vote Act of 2002.

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-- (a) If an individual's name does not appear on the certified voting list as

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provided for in § 17-19-24(b) and the individual is eligible to vote in an

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election for federal office or an election official asserts that the individual is

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not eligible to vote in the district in which the individual desires to vote, then

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the individual shall be permitted to cast a provisional ballot as provided in

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Section 302 of the Help America Vote Act (P.L. 107-252) [42 U.S.C. §

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15481].

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(b) Provisional ballots provided for in this section shall be cast in accordance

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with rules and regulations which shall be promulgated by the state board of

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elections in accordance with the Help America Vote Act (P.L. 107-252) [42

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U.S.C. § 15301 et seq.].

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     This act would take effect upon passage.

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