2017 -- S 0770 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO ELECTIONS -- REGISTRATION OF VOTERS

     Introduced By: Senators Goldin, Conley, Lynch Prata, Miller, and Goodwin

     Date Introduced: April 12, 2017

     Referred To: Senate Judiciary

     (Secretary of State)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-9.1-7 of the General Laws in Chapter 17-9.1 entitled

"Registration of Voters" is hereby amended to read as follows:

     17-9.1-7. Registration at the division of motor vehicles.

     (a) Every person applying at the division of motor vehicles for a driver's license or a

renewal of the license, or personal identification document issued by the division of motor

vehicles, and who is or may be by the next general election qualified to vote, shall be afforded the

opportunity to register registered to vote, or if previously registered, be afforded the opportunity

to change their address for voting purposes.

     (b) The application to register to vote must be offered simultaneously with the application

for the driver's license or renewal of it or personal identification document. Division of motor

vehicles employees must provide to applicants for driver's licenses, license renewal, or personal

identification documents the same level of assistance and instruction with respect to the

application to register to vote as is provided with respect to the application for driver's licenses,

renewal of the license, or personal identification documents; provided, that separate signatures

one signature shall may be required sufficient on the application for driver's license, renewal of

the license, or personal identification document and the application to register to vote. The

applicant may shall be afforded the opportunity to decline to register to vote by failing to sign the

voter registration form. If previously registered, the applicant shall be afforded the opportunity to

change their address for voting purposes. In order to protect the privacy of those who do not wish

to register to vote for any reason, the failure of an applicant for a driver's license or renewal of it

or a personal identification document to sign the voter registration form register to vote may not

be used for any purposes other than to determine the person's voter registration status.

     (c) (1) The voter registration application shall contain the registrant's name, residence

address, mailing address if different from residence address, date of birth, and registrant's

signature and date of affixation of signature, and may include any other information,

certifications, and declarations, including those made under the penalty of perjury, that may be

required by the state board in order to administer a single and unified system of voter registration

in accordance with applicable state and federal laws which shall enable duly registered voters to

vote in all elections in their respective voting districts including, elections for federal officers.

The voter registration application must also include, in print identical to that used in the

attestation portion of the form, the following:

     (i) The penalties provided by law for submitting a false voter registration;

     (ii) A statement that, if the applicant declines to register to vote, his or her decision will

remain confidential and be used only for voter registration purposes; and

     (iii) A statement that, if the applicant does register to vote, information regarding the

office or branch of the division of motor vehicles to which the application was submitted will

remain confidential, to be used only for voter registration purposes.

     (2) It shall be the responsibility of the division of motor vehicles to print and to have

available at all time a sufficient number of voter registration forms in order to carry out the

provisions of this section.

     (d) The completed voter registration application shall be transmitted by the division of

motor vehicles to the central voter registration system mandated pursuant to § 17-6-1.2 not later

than the next business day after the date of acceptance by the division of motor vehicles.

Transmission shall be made by electronic means as prescribed by the secretary of state, and shall

be in an electronic form compatible with the voter registration system maintained by the secretary

of state. For each registration electronically transmitted, a hard copy will be provided to the

appropriate local board of canvassers.

     (e) Any person who has fully and correctly completed an application to register to vote at

the division of motor vehicles is presumed to be registered as of the date of the acceptance of the

registration by the division of motor vehicles, subject to verification of the registration by the

local board as provided in § 17-9.1-25.

     (f) Pursuant to §17-9.1-11, the division of motor vehicles shall not transmit the voter

registration of any applicant, who fails to certify that they are a citizen of the United States.

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     (g) If a person who is ineligible to vote becomes registered to vote pursuant to this

section, that person's registration shall be presumed to be deemed officially authorized and not be

deemed attributable to or the fault of that person. Notwithstanding the foregoing, anyone who

knowingly and willfully provides false information pursuant to this section shall be subject to

prosecution under §17-9.1-12.

     (f)(h) The state board of elections shall have the authority to adopt regulations to

implement and administer the provisions of this section, including all registrations taken at the

division of motor vehicles.

     (i)(1) In accordance with Section 7 of the Federal National Voter Registration Act of

1993, other applicable state government agencies that the secretary verifies already collect

documents that would provide proof of eligibility, including age, citizenship and residence

address, may follow the procedures for automatic voter registration enumerated for the division of

motor vehicles as described in subsections (b) through (d) of this section.

     (2) Any additional agencies that are designated for automatic registration must follow the

rules and protocols established in this section for the division of motor vehicles.

     (i) Effective date. The provisions of this section shall take effect thirty (30) days after the

administrator of the division of motor vehicles certifies in writing to the general assembly that the

Rhode Island motor vehicle licensing system (RIMS) computer system is capable of meeting the

requirements set forth in this act. The administrator of the division of motor vehicles shall consult

with the secretary prior to making this determination about the computer system.

     SECTION 2. This act shall take effect thirty (30) days after the administrator of the

division of motor vehicles certifies in writing to the general assembly that the Rhode Island motor

vehicle licensing system (RIMS) computer system is capable of meeting the requirements set

forth in the act.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- REGISTRATION OF VOTERS

***

     This act would provide that persons who apply to the division of motor vehicles for a

driver's license, its renewal or a personal identification document shall simultaneously register to

vote, unless they expressly decline to do so. It would also require that the person certify that they

are an American citizen. It would also require intent to provide false voting registration

information to the department of motor vehicles, before a person can be criminally prosecuted.

     This act would take effect thirty (30) days after the administrator of the division of motor

vehicles certifies in writing to the general assembly that the Rhode Island motor vehicle licensing

system (RIMS) computer system is capable of meeting the requirements set forth in the act.

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