§ 17-9.1-28 - Procedure on challenge of registration.
SECTION 17-9.1-28
§ 17-9.1-28 Procedure on challenge ofregistration. – (a) Any elector may challenge the registration of a registered voter bysubmitting to the local board an affidavit prescribed by the state board ofelections in accordance with rules and regulations promulgated by the boardstating that the voter is not eligible to vote and setting forth evidence thatwould create a reasonable cause to suspect that the challenged voter is not infact eligible. The return as undeliverable of a mailing sent to the voter bysomeone other than the state board or local board shall not, standing alone,constitute reasonable cause. The local board, upon receipt of the affidavit andupon finding that the affidavit establishes reasonable cause, shall cause to bemailed, by certified mail, a notification of the challenge to the challengedvoter at his or her registered address. The return of the notice oracknowledgement of its receipt may be admitted as evidence at the hearing. Thechallenged voter shall appear before the local board at a time and place to bedetermined by the local board. The objector shall also be notified of thehearing. If the board finds that the affidavit does set forth reasonable causeto suspect that the challenged voter is not eligible, the voter, upon takingthe following oath or affirmation, shall answer pertinent questions as providedin this section, and any other questions necessary to establish his or hereligibility.
(b) The oath or affirmation shall be as follows:
"You do voluntarily swear (or affirm) that you will fully andtruly answer all questions put to you regarding your place of residence andeligibility as an elector."
(c) The local board shall then ask the voter the followingquestions which are appropriate to test his or her eligibility:
(1) If challenged as ineligible of the ground that he or sheis not a citizen: Where were you born? If you were not born in the UnitedStates, when and where were you naturalized as a United States citizen?
(2) If challenged as ineligible on the ground that he or shehas not resided in this state for thirty (30) days immediately preceding theelection:
(i) How long have you resided in this state immediatelypreceding your registration?
(ii) Have you been absent from this state within the thirty(30) days immediately preceding this election? If yes, then:
(iii) When you left, did you leave for a temporary purpose,with the intent of returning, or for the purpose of remaining away?
(iv) What state or territory did you regard as your residencewhile absent?
(v) Did you, while absent, vote in any other state orterritory?
(3) If challenged as ineligible on the ground that he or sheis not a resident of the district where seeking to vote:
(i) When did you last come into this district?
(ii) Did you come for a temporary purpose only, or for thepurpose of making it your residence?
(iii) Did you come into this district solely for the purposeof voting here?
(iv) Have you now and have you had for the last thirty (30)days a voting residence in this district? If so, what is the particulardescription, name and location of your residence?
(v) If the answer to paragraph (iv) of this subdivision isno, then: Have you moved from the district after registering?
(vi) Have you registered to vote at any other place within oroutside of this state?
(vii) Have you applied for an absentee ballot at any place inthis or any other state?
(viii) What is the address furnished to the division of motorvehicles for your operator's license?
(ix) What is the address from which your motor vehicle isregistered?
(x) What is the address from which you filed your lastfederal income tax return?
(xi) What is the address from which you filed your last stateincome tax return?
(xii) What is the address furnished to the companies fromwhich you have obtained retail credit cards?
(xiii) What is the address furnished to the financialinstitutions where you maintain accounts?
(xiv) What is the address furnished to the tax collectorand/or assessor in those communities where you own taxable real or personalproperty for the purposes of notification to you?
(xv) What is the address furnished to the insurance companieswith which you maintain policies?
(xvi) What is the address furnished to your employer?
(xvii) What is the address furnished by you to any business,professional, union, or fraternal organizations of which you are a member?
(xviii) What is the address furnished to the governmentalagencies with which you have contact?
(4) If challenged as ineligible on the ground that registrantis under eighteen (18) years of age: What is your date of birth?
(5) If challenged as ineligible on the ground registrant hasbeen finally convicted of a felony:
(i) Have you ever been tried or convicted in this state orany other state of any crime? If yes, then:
(ii) Of what crime, when, and in what court were youconvicted?
(iii) What sentence was imposed, including provisionsrelating to probation and parole, and have the provisions of the sentence beenfulfilled?
(6) The local board shall ask the challenged person any otherand further questions to test his or her eligibility as an elector which theboard deems relevant.
(d) If the challenged voter appears at the hearing andtestifies under oath or affirmation as provided and the local board determinesthat the voter is not eligible to vote or not eligible to vote within the cityor town, the voter may be stricken from the voting list. If the voter is foundto be eligible to vote within the city or town but not within the votingdistrict where the voter is currently registered, the voter shall remain on thevoting list and the board shall record the voter's change of address to the newvoting district within the same city or town. If the voter does not appear atthe hearing, whether or not the notification of the challenge is returned asundeliverable, the voter shall not be stricken from the voting list, but theboard shall at that time be required to begin the confirmation processdescribed in § 17-9.1-26. No confirmation mailing shall be sent out and noperson shall be removed from the voting list within the ninety (90) day periodprior to any election, except that names of voters may be removed from thevoting list within that period of time, at the request of the voter, by reasonof criminal conviction or mental incapacity, or by reason of the voter's death.Nothing contained in this section shall prohibit the mailing of acknowledgementcards verifying voter registration applications within the ninety (90) dayperiod, and nothing contained in this section shall prevent the recordingwithin the ninety (90) day period of a change of address of a voter who haschanged voting residence within the same city or town.