Chapter 384

2007 -- H 6133 AS AMENDED

Enacted 07/07/07

 

A N  A C T

RELATING TO ELECTIONS - REGISTRATIONS OF VOTERS

          

     Introduced By: Representatives Lewiss, Pacheco, Kennedy, Gallison, and Melo

     Date Introduced: March 08, 2007

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 17-9.1-17, 17-9.1-25 and 17-9.1-26 of the General Laws in

Chapter 17-9.1 entitled "Registration of Voters" are hereby amended to read as follows:

 

     17-9.1-17. Reregistration -- Notice to city or town of previous address. -- (a) A voter

may register in a city or town into which he or she has moved whether or not the voter has

notified the board of the city or town in which the voter was last registered of the voter's change

of address. The action of registration shall automatically cancel the voter's registration in the

former city or town. The secretary of state shall be notified by the local boards of the registration

in the new city or town and of the cancellation of the former registration.

      (b) The local board of any city or town shall, upon receiving the registration of any

person, notify the board of the city or town stated by the person to be that person's last place of

residence, of the registration. At that time, the last mentioned board shall forward retain the

original registration card of the person to the other board, and shall immediately notify the

secretary of state of the action in accordance with the approved records retention schedule for

boards of canvassers issued by the state archives.

      (c) The state board shall have authority by regulation to direct the manner in which the

provisions of this section are carried out by the local boards and the secretary of state.

 

     17-9.1-25. Acknowledgement of registration or change of address -- Verification of

residence. -- (a) The local board of each city or town shall mail an acknowledgement card notice

to each newly registered voter and to each voter who changes his or her voting residence within

seven (7) days after receipt of the registration or change of residence. The acknowledgement card

notice shall notify the applicant for registration of the disposition of the application, i.e., whether

the application is deemed accepted or denied. If denied, the reason for the denial shall be

indicated on the card notice. The acknowledgement card notice shall be mailed to the applicant at

the address from which he or she registered and shall be clearly marked: "Do Not Forward --

Return If Undeliverable". Provided, however, that the New Shoreham Board of Canvassers may

address the acknowledgement card notice, and any other notice that may be required by this

chapter, to the person's post office box if said post office box is located within the confines of

New Shoreham.

     (b) The acknowledgement form shall be a postal card of a size and other specifications

that shall be determined by the state board and shall be substantially in the following form;

provided, that the wording of the form may be revised and updated from time to time by the state

board in a manner to make its content as easily readable and understandable as possible:

      Front Side

     Board of Canvassers Affix

     Address of Board of Canvassers Postage

     for the city or town in which registered

     ADDRESS CORRECTION REQUESTED RETURN POSTAGE

     GUARANTEED DO NOT FORWARD

      Voter's Name

      Voter's Address

______________________________________________________________________________

Reverse Side

______________________________________________________________________________

Your application to register to vote has been received and accepted. The following is

information concerning your voting districts.

     Your U.S. Representative District is _________________________________________

Your State Senate District is ________________________________________________

Your Representative District is ______________________________________________

Your Council District is ____________________________________________________

     Your Ward District is ______________________________________________________

Your Voting District is _____________________________________________________

Locations of polling places for these districts may be obtained from newspaper

advertisements preceding each election or by calling your local board.

     Your application to register to vote has been received incomplete. Please contact our

office at the telephone number or address listed below.

     Your application to register to vote has been rejected because _______________

______________________________________________________________________________

______________________________________________________________________________

If this card is addressed to a person who does not live at this address, please ask your

mail carrier to return it to the sender.

     Board of Canvassers

     Address

     Telephone Number

      (c) The form may also contain any other information that may be required by the state

board.

     (d) Those postal cards notices that are returned as undeliverable to the local board shall

be reviewed to verify that the address was correctly printed on the card notice. All cards notices

returned as undeliverable shall be attached to the registration cards notices and maintained as a

record of the local board.

     (e) Any voter whose application to register to vote has been accepted, but whose

acknowledgement card notice has been returned by postal authorities as undeliverable, shall be

placed on an inactive list of voters and shall not be permitted to vote unless an affirmation form is

completed. The local board shall be required, upon receipt of the undeliverable acknowledgement

card notice, to commence the confirmation process described in section 17-9.1-26.

 

     17-9.1-26. Confirmation process -- Verification of the address of registered voter. --

(a) (1) Whenever: (i) an acknowledgement card, which was mailed to a voter whose application

to register to vote has been accepted, is returned as undeliverable; (ii) through the periodic

updating of voter registration records as provided in section 17-9.1-27, a change of address is

detected for any voter; (iii) as the result of a challenge under section 17-9.1-28, the challenged

voter fails to appear before the local board; or (iv) a mailing by the jury commissioner to a voter

is returned as undeliverable; the local board shall begin the confirmation process described in

subsection (b) of this section.

     (2) Whenever any other official mailing from either the state board or a local board or

from the office of the secretary of state, which official mailing has been sent to at least a majority

of the registered voters in a particular city or town, is returned as undeliverable to any one or

more of the voters to whom it was mailed, the local board may commence the confirmation

process described in subsection (b) of this section.

     (b) The confirmation form notice shall be sent by first-class forwardable mail and shall be

of any size or other specifications that shall be determined by the state board. The form shall be

designed so that a portion of it notice shall include a voter registration form that may be used by

the voter to verify or correct the voter's residence address for voting purposes.

     (c) The confirmation form notice shall be prepared in substantially the following form

and shall contain substantially the following information, subject to any additional information as

may be required by the state board; provided, that the wording of the form may be revised and

updated from time to time by the state board in a manner to make its content as easily readable

and understandable as possible:

      Front Side

______________________________________________________________________________

return address of postage

     local board

      mailing address of voter

______________________________________________________________________________

Reverse Side

     The board of canvassers has received information that you may no longer reside at the address

from which you are currently registered. If you have not permanently changed your residence

address or if you have permanently changed your residence address but continue to live in the

same city or town you should immediately return the post card attached to the bottom of this form

voter registration form no later than fourteen (14) days after the date of this mailing even if this

notice was mailed to your correct current address. If the post card voter registration form is not

returned, affirmation or confirmation of your current address may be required at the polls on

election day. If the post card registration form is not returned and you do not vote by __________

which is the date of the second general election following the date of this mailing, then your name

may be removed from the voter registration list. If you have permanently changed residence

address to another city or town in Rhode Island, please detach, complete, and return the postcard

at the bottom of this form even if this notice was mailed to your correct current address. Please

note that in order to vote, you will have to register with the voter registration office in your new

city or town. Even though you have returned the post card below, you must register in your new

city or town in order to be eligible to vote. completed voter registration form to the local board of

canvassers in the city or town of your current address.

     Board of Canvassers of City/Town

     of ___________________________________

     Address: ______________________________________________________________

Telephone Number: _____________________________________________________

______________________________________________________________________________

Full Name ____________________________________________________________________

Date of Birth ________________________________________________________________

Telephone Number (optional) __________________________________________________

     My residential address is:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Mailing address (only if different from residential address)

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________

     Signature ______________________________________________________________________

Date __________________________________________________________________________

     Warning! If you knowingly provide false voter registration information on this form, you may be

guilty of a felony punishable by imprisonment for a term of not more than ten (10) years or by a

fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000),

or both, for each offense.

_____________________________________________________________________________

      (d) The confirmation form notice shall be mailed to both the voter's current registered

address and any new residence address, to the extent both addresses are available to the local

board.

     (e) If a confirmation card notice is mailed to a voter and returned as undeliverable, or if

delivered and the voter has not responded within fourteen (14) days from the date of the mailing,

the voter shall remain on or be placed on the inactive list and shall not be permitted to vote until

the voter has signed an affirmation form at either the approved polling place or at the local board

of canvassers as provided in this chapter. If the voter fails to vote by the second general election

following the date of the confirmation mailing, then the voter shall be removed from the voting

list. Notwithstanding the foregoing provisions, if the confirmation mailing was based upon the

change of address information provided by or through the United States Postal Service National

Change of Address Program, and the voter has failed to respond to the confirmation mailing, the

voter shall remain on the active list of voters and shall not be required to sign the affirmation

form. In these cases, the voter's residence address for voting purposes will be changed by the

local board to the new address as indicated by the National Change of Address Program.

     (f) Local boards shall be required to maintain for a period of at least two (2) years a

record of all outgoing confirmation mailings, including the reasons for the mailing of the

confirmations. Records shall be kept in a fashion that may be determined by the state board.

 

     SECTION 2. Sections 17-15-28, 17-15-36 and 17-15-37 of the General Laws in Chapter

17-15 entitled "Primary Elections" are hereby repealed.

 

     17-15-28. Voting hours. -- (a) The polls shall be kept open at all primary elections

during the same hours the polls are kept open in the respective city or town for the holding of

general elections; provided, that in the town of Westerly, the polls shall be opened at nine o'clock

(9:00) a.m. for primary elections, special elections, and all referenda.

      (b) In the town of Hopkinton, voting hours shall be those enumerated in section 17-18-

10.

 

     17-15-36. Filing of state and city nominations. -- The state board and the local boards

in cities shall file with the secretary of state not later than four o'clock (4:00) p.m. on the fifth

(5th) day following each primary preceding the election, or if the fifth (5th) day falls on a Sunday

or a legal holiday, not later than four o'clock (4:00) p.m. on the following day, or not later than

the twenty-ninth (29th) day preceding a special election, certified copies of the certificates issued

by it pursuant to sections 17-15-30 and 17-15-31; provided, that in the event of a protest, the

boards shall be allowed an additional forty-eight (48) hours.

 

     17-15-37. Filing of town nominations. -- The local boards in towns shall file with the

town clerk not later than four o'clock (4:00) p.m. on the fourth (4th) day following each primary

preceding the election certified copies of the certificates issued by them pursuant to this chapter.

In the event of a protest, the local board shall be allowed an additional forty-eight (48) hours, and

the town clerk shall file with the secretary of state within twenty-four (24) hours thereafter,

exclusive of Sundays and holidays, certified copies of the certificates filed with the clerk. In

towns which now by law hold elections for town officers on a day other than the Tuesday after

the first Monday in November biennially in each even year, or in the event of a special election,

the certified copies shall be filed with the town clerk not later than the tenth (10th) day preceding

the election or special election.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC02458

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