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:

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

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

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

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

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

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

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

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to change their address for voting purposes.

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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attestation portion of the form, the following:

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

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

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

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

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

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

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

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

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provisions of this section.

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

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

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

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

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

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

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appropriate local board of canvassers.

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

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

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

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

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

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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

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

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

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

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prosecution under §17-9.1-12.

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

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

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division of motor vehicles.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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

***

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

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

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

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

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

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

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

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

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