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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

permitted to vote as follows:

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

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

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

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

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

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

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

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

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

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

which shall record the voter's change of address.

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

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

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

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

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

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

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

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

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

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

which shall record the voter's change of address.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

election or primary in the former city or town.

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

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

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

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

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

or primary.

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

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

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

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

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

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

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

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

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

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

19-24.1.

     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

***

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

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

24.1 is set forth below.

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

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

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

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

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

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

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

15481].

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

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

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

U.S.C. § 15301 et seq.].

     This act would take effect upon passage.

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