§ 17-9.1-16 - Procedure on change of address – Fail safe voting provisions.
SECTION 17-9.1-16
§ 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 registeredvoter who has moved from a residence address within a voting district toanother residence address within the same voting district and who has notnotified the local board of the change of residence address thirty (30) days ormore prior to the election shall be permitted to vote at the polling placedesignated for the voting district or at the local board upon completion of awritten affirmation form which shall record the voter's change of addresswithin the voting district. The form may be completed by the voter at thepolling place designated for the voting district and thereafter transmitted,after the close of the polls, to the local board or may be completed at thelocal board.
(2) Any registered voter who has moved his or her residencefrom one residence address to another residence address within the same city ortown and who has not notified the local board of the change of residenceaddress thirty (30) days or more prior to the election shall be permitted tovote as follows:
(i) A registered voter who has moved from a residence addressin one voting district to a residence address in another voting district withinthe same city or town thirty (30) days or more preceding an election shall bepermitted to vote a full ballot at the polling place of the new residenceaddress or at the local board upon completion of an affirmation form whichshall record the voter's change of address. If the form is completed at thepolling place, the form shall be forwarded to the local board after the closeof 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 adifferent voting district within the same city or town shall be permitted tovote at the polling place of the former address or at the local board and isentitled to vote the full ballot for the old polling place upon completion ofan affirmation form which shall record the voter's change of address.
(3) Any registered voter to whom a confirmation mailing wassent by either the state board or a local board, based upon information otherthan change of address information received from or through the postal service,shall be placed on the inactive list of voters if the recipient of theconfirmation mailing fails to return the related confirmation card. If thevoter continues to reside in the same city or town and at the residence addresscurrently recorded on the voter's registration card or at a residence addresswithin the same voting district, the voter shall be permitted to vote at thepolling place for that residence address upon signing an affirmation form. Ifthe voter has moved to a new residence address within the same city or town butwithin a different voting district the registered voter shall be permitted tovote a full ballot at the polling place of the new residence address or at thelocal board upon completion of an affirmation form which shall record thevoter's change of address.
(4) Any registered voter to whom a confirmation mailing wassent by either the state board or a local board, based upon change of addressinformation provided by or through the postal service, shall not be placed onthe inactive list even if the recipient of the confirmation mailing fails toreturn the related confirmation card. The registered voter shall be permittedto vote at the polling place of the new residence address or the local boardwithout the requirement of signing an affirmation form. If the change ofaddress information provided by or through the postal service was in error, theregistered voter shall be permitted to vote at the polling place of his or herformer address or at the local board upon signing the required affirmation form.
(b) Change of address from one city or town to anothercity 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 anotherwithin a different city or town shall be required to register in the city ortown to which the voter has moved; provided, that no person qualified to votein any city or town in this state shall lose his or her right to vote in thatcity or town by reason of his or her removal to another city or town in thisstate during the thirty (30) days, less one day, next preceding an election orprimary in the former city or town.
(2) That a voter who remains within the state, although he orshe fails to register in the city or town to which the voter has moved withintime to vote in the city or town, shall be permitted to vote by special paperballot to be provided by the secretary of state upon application for itapproved by the board of canvassers of the voter's former city or town forfederal and statewide elected officials only during the six (6) months, lessone day, next preceding an election or primary.
(c) Persons erroneously excluded from certified votinglist. Any voter finding that his or her name is not on the certified votinglist of his or her city or town being used at any election may make anaffidavit before the local board, each member or employee of which is empoweredto take his or her affidavit, that he or she is duly registered in the city ortown and is not otherwise disqualified from voting in the election. The boardmay examine the voter and if it finds that the voter is qualified to vote, thevoter shall, upon making the affidavit provided for, be allowed to vote eitherat the local board or at the polling place for the voting district in which thevoter resides. In the latter case, the local board shall issue a temporaryregistration certificate as provided in § 17-10-18. Local boards shall berequired to be continuously in session during the hours assigned for voting ineach city or town.