H.70
Introduced by Representatives Hingtgen of Burlington, Obuchowski of Rockingham and Severance of Colchester
Referred to Committee on
Date:
Subject: Elections; homeless voter registration
Statement of purpose: This bill proposes to assure that homeless persons can register to vote.
AN ACT RELATING TO HOMELESS VOTER REGISTRATION
It is hereby enacted by the General Assembly of the State of Vermont:
* * * Vermont Election Laws: Definitions * * *
Sec. 1. 17 V.S.A. § 2103(43) and (44) are added to read:
(43) "Homeless provider" includes residential shelters, day centers, soup kitchens, and food pantries.
(44) "Nontraditional residence" includes residential shelters, parks, underpasses, or other geographic locations where a homeless person usually sleeps.
Sec. 2. 17 V.S.A. § 2122 is amended to read:
§ 2122. RESIDENCE; SPECIAL CASES; CHECKLIST
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(b) A person may have his or her name on the checklist only in the town of which the person is a resident. For the purpose of this chapter, "resident" shall mean a person who is domiciled in the town as evidenced by an intent to maintain a principal dwelling place in the town indefinitely and to return there if temporarily absent, coupled with an act or acts consistent with that intent. If a person removes to another town with the intention of remaining there indefinitely, that person shall be considered to have lost residence in the town in which the person originally resided even though the person intends to return at some future time. However, a person shall retain the ability to vote in a town of former residence for a period of 17 days after becoming a resident of a new town. A person may have only one residence at a given time. Nothing in this section shall be construed to prevent homeless persons from registering to vote under the provisions of this chapter.
(c) The residence of a homeless person is in the district where he or she has established a nontraditional residence. Residence requirements shall be construed liberally to provide homeless persons with the opportunity to register to vote. A person’s residency is not subject to challenge on the sole basis that he or she has a nontraditional residence.
Sec. 3. 17 V.S.A. § 2145 is amended to read:
§ 2145. APPLICATION FORMS
(a) The voter registration application shall be in the form approved by the federal election commission or by the secretary of state. The application form approved by the secretary shall include:
(1) A statement informing the applicant of the requirements for voter eligibility set forth in section 2121 of this title and space for the applicant to provide the information necessary for the board of civil authority to determine eligibility, including the applicant’s town of residence, street address, and, if the applicant’s mailing address is different from his or her street address, the mailing address. In the case of a homeless person, a resident address may include the address of a homeless provider with whom he or she has contact, the town clerk’s office, or a geographic location described with enough specificity to enable the board of civil authority to determine the proper election district for such person. The mailing address of a homeless person may include any type of address that nonforwardable mail can be delivered to, including a post office general delivery address or a homeless provider address. In the absence of such a mailing address, the town clerk’s office in the town in which the homeless person resides may be substituted, solely for the purpose of receiving information pertaining to voter registration.
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