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:

     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) (1) Change of address within the same city or town. 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 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 registered 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; within the state, 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 upon completion of an affirmation form which shall record the voter's

change of address; 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

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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

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 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 - 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

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

     This act would take effect upon passage.

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