2017 -- H 5706

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LC001832

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO ELECTIONS - FAIL SAFE VOTING PROVISIONS

     

     Introduced By: Representatives Barros, Shanley, Cunha, Tobon, and Maldonado

     Date Introduced: March 01, 2017

     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.

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

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moved from a residence address within a voting district to another residence address within the

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same voting district and who has not notified the local board of the change of residence address

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thirty (30) days or more prior to the election shall be permitted to vote at the polling place

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designated for the voting district or at the local board upon completion of a written affirmation

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

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completed by the voter at the polling place designated for the voting district and thereafter

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transmitted, after the 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 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.

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     (1) A registered voter who has moved his or her residence, as defined in § 17-1-3.1, from

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the address at which the voter is registered to another within a different city or town shall be

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required to register in the city or town to which the voter has moved; within the state, thirty (30)

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days or more preceding an election, shall be permitted to vote a full ballot at the polling place of

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the new residence address upon completion of an affirmation form which shall record the voter's

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change of address; provided, that no person qualified to vote in any city or town in this state shall

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lose his or her right to vote in that city or town by reason of his or her removal to another city or

 

LC001832 - Page 2 of 4

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

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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

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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 or

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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 cast a provisional ballot in accordance with § 17-19-24.1.

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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 - FAIL SAFE VOTING PROVISIONS

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     This act would permit a voter who has moved from one city or town in the state to

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another thirty (30) days or more prior to an election to vote a full ballot in the new city or town.

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     This act would take effect upon passage.

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