2020 -- H 7940

========

LC004843

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

____________

A N   A C T

RELATING TO ELECTIONS

     Introduced By: Representatives Barros, Shanley, Blazejewski, Tobon, and Alzate

     Date Introduced: February 26, 2020

     Referred To: House Judiciary

     (Secretary of State)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-1-3 of the General Laws in Chapter 17-1 entitled "General

Provisions" is hereby amended to read as follows:

     17-1-3. Eligibility to vote.

     Every citizen of the United States who is at least eighteen (18) years of age, whose

residence as defined in § 17-1-3.1 has been in this state for at least thirty (30) days, and in the town

or city and voting district in which that person desires to cast his or her vote at least thirty (30) days

next preceding the election, and who is registered in that city or town and voting district at least

thirty (30) days next preceding any election, shall be entitled to vote in the election; provided, a

person may vote in a primary election only if that person is eligible under the provisions of this

title. A person who has not registered to vote, or whose registration has been canceled pursuant to

§ 17-10-1, may cast a vote for president and vice-president on election day at his or her city or town

hall or at an alternate location designated by the board of canvassers, and approved by the board of

elections, where such location is deemed necessary to better accommodate such voters. The casting

of that vote shall commence the process of voter registration and subject the person voting to the

requirements and penalties of this chapter.

     SECTION 2. 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)(1) 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 to another residence address in one voting

district to a residence address in another voting district within the same city or town Rhode Island

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 affirmation form shall be forwarded to the local board after the close of the polls; or

     (ii) Any registered voter who has moved to another residence address within Rhode Island

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. The

affirmation form shall be forwarded to the local board of the new residence address after the close

of the polls to update the voter's 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

LC004843 - Page 2 of 4

address or at the local board upon completion of an affirmation form which shall record the voter's

change of address.

     (4)(2) 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 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)(b) 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 3. This act shall take effect on July 1, 2020.

========

LC004843

========

LC004843 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS

***

     This act would eliminate the requirement that to vote, a person must be registered in the

city or town and voting district at least thirty (30) days next preceding any election. Further, this

act would permit a registered voter who has moved from one residence address to another residence

address to vote a full ballot at the polling place of the new residence address upon completion of

an affirmation form.

     This act would take effect on July 1, 2020.

========

LC004843

========

LC004843 - Page 4 of 4