2022 -- H 7830

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LC004980

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO ELECTIONS -- REGISTRATION OF VOTERS

     Introduced By: Representative P Morgan

     Date Introduced: March 04, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 3-8-6 of the General Laws in Chapter 3-8 entitled "Regulation of

Sales" is hereby amended to read as follows:

     3-8-6. Unlawful drinking and misrepresentation by underage persons -- Identification

cards for persons twenty-one and older.

     (a) It is unlawful for:

     (1) A person who has not reached his or her twenty-first (21st) birthday to enter any

premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having

served or delivered to him or her alcoholic beverages; or

     (2) A person who has not reached his or her twenty-first (21st) birthday to consume any

alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase,

attempt to purchase, or have another purchase for him or her any alcoholic beverage; or

     (3) A person to misrepresent or misstate his or her age, or the age of any other persons, or

to misrepresent his or her age through the presentation of any of the following documents:

     (i) An armed service identification card, valid passport, the identification card license, or

any other documentation used for identification purposes that may belong to any other person who

is twenty-one (21) years or older;

     (ii) A motor vehicle operator's license that bears the date of birth of the licensee and that is

issued by this state or any other state;

     (iii) A Rhode Island identification card, as defined in subsection (b), for the purpose of

inducing any licensee, or any employee of any licensee, to sell, serve, or deliver any alcoholic

beverage to a minor.

     (b)(1) The administrator of the division of motor vehicles shall issue to any person who

has reached his or her twenty-first (21st) birthday a Rhode Island identification card upon payment

of a fee of twenty-five dollars ($25), and, upon presentation of a certified birth or baptismal

certificate, or U.S. or foreign passport, or U.S. naturalization certificate or a valid immigrant or

refugee document issued by the United States Citizenship and Immigration Services, including, but

not limited to, any one of the following: Form I-551, Form I-94, Form I-688A, Form I-688, and a

form evidencing that the applicant is a current or past recipient of a grant of deferred action under

the Deferred Action for Childhood Arrivals program, together with a document bearing the

applicant's signature.

     (i) All Rhode Island identification cards issued to noncitizens shall contain a large "FN"

barcode across the face of the card. This required marking designates the holder as a foreign

national, who is ineligible to vote. The barcode on the identification card will be coded to prevent

its use for registering to vote or for voting.

     (2) A person who has reached his or her fifty-ninth (59th) birthday is not required to pay

the fee.

     (3) Each registration card shall be subject to renewal every five (5) years upon payment of

a fee of twenty-five dollars ($25).

     (4) No person who holds an operator's license issued by this state or any other state shall

be issued a Rhode Island identification card.

     (5) The identification card shall be signed by the administrator of the division of motor

vehicles and by the applicant and his or her picture shall appear on the card along with the required

information and the card shall be encased in laminated plastic. The card shall be two inches (2") in

height and four inches (4") in length and shall be printed in the following form:

RHODE ISLAND IDENTIFICATION CARD

Date Issued No.

First Name Middle Name Last Name

Address

BIRTH RECORD

Month Day Year

Secure Photo by Pasting here Color of hair Color of eyes Sex Ht Wt.

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………… ………… …… …… ……

Issued by

Administrator of the Division of Motor Vehicles

Administrator

     (6) The identification cards shall be produced at the adult correctional institutions if they

have facilities to do so; if the adult correctional institutions have no facilities to do so, then all cards

shall be manufactured by the lowest responsible bidder following advertisement for the solicitation

of bids.

     (7) The identification cards shall be clearly distinguishable from those issued pursuant to

§ 3-8-6.1 and operators' and chauffeurs' licenses issued pursuant to title 31.

     (8) Any person who has been designated as permanently and totally disabled by the social

security administration or who upon certification by an optometrist, ophthalmologist, or physician

that a holder of a valid and current motor vehicle operator's license is no longer able to operate a

motor vehicle, the administrator of the division of motor vehicles shall issue to such person, upon

request, a Rhode Island identification card for the unexpired term of the person's motor vehicle

operator's license at no additional cost. Thereafter, a renewal of such card shall be subject to the

standard renewal charge of twenty-five dollars ($25) until the person shall reach his or her fifty-

ninth (59th) birthday.

     (9) The administrator of the division of motor vehicles shall, upon presentation of a United

States Department of Defense (DD) FORM 214 or other acceptable documentation of military

service and verification of an honorable discharge, issue an identification card to the presenter that

is clearly marked "veteran," at no additional cost.

     (c)(1) Every retail Class A, B, C, and D licensee shall cause to be kept a book or

photographic reproduction equipment that provides the same information as required by the book.

That licensee or the licensee's employee shall require any person who has shown a document as set

forth in this section substantiating his or her age to sign that book or to permit the taking of his or

her photograph and indicate what document was presented. Use of the photographic reproduction

equipment is voluntary for every Class A, B, C and D licensee.

     (2) The sign-in-as-minor book and photographic reproduction equipment shall be

prescribed, published, and approved at the direction and control of the division. The book shall

contain at least four hundred (400) pages; shall be uniform throughout the state; and shall be

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distributed at a cost not to exceed seven dollars ($7.00).

     (3) If a person whose age is in question signs the sign-in-as-minor book or has a photograph

taken before he or she is sold any alcoholic beverage and it is later determined that the person had

not reached his or her twenty-first (21st) birthday at the time of sale, it is considered prima facie

evidence that the licensee and/or the licensee's agent or servant acted in good faith in selling any

alcoholic beverage to the person producing the document as set forth in this section misrepresenting

his or her age.

     (4) Proof of good-faith reliance on any misrepresentation is a defense to the prosecution of

the licensee and/or the licensee's agent or servant for an alleged violation of this section.

     (d)(1) Any person who violates this section shall be punished for the first offense by a

mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars

($500) and shall be further punished by thirty (30) hours of community service and shall be further

punished by a suspension of his or her motor vehicle operator's license or driving privileges for a

period of thirty (30) days; for the second offense by a mandatory fine of not less than five hundred

dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be further punished by

forty (40) hours of community service and will be further punished by a suspension of his or her

motor vehicle operator's license or driving privileges for a period of three (3) months; and for the

third and subsequent offenses by a mandatory fine for each offense of not less than seven hundred

fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall be further punished by

fifty (50) hours of community service and will be further punished by a suspension of his or her

motor vehicle operator's license or driving privileges for a period of one year.

     (2) Any suspension of an operator's license or driving privilege pursuant to this section

shall not operate to affect the insurance rating of the offender and any operator's license or driving

privilege suspended pursuant to this section shall be reinstated without further expense upon

application.

     (e) Within thirty (30) days after this incident the police chief of the city or town where the

incident took place is directed to inform, in writing, the department of business regulation whether

or not charges in accordance with this section have been preferred against a person who has not

reached his or her twenty-first (21st) birthday and has violated this section. If no charge is brought

against any person who has not reached his or her twenty-first (21st) birthday and has violated the

provisions of this section, then the police chief of the city or town where the incident took place

will state the reason for his or her failure to charge the person who has not reached his or her twenty-

first (21st) birthday.

     (f) The Rhode Island identification card may be withdrawn at any time for just cause, at

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the discretion of the administrator of the division of motor vehicles. The administrator of the

division of motor vehicles shall keep a record of the cards issued and each card shall contain an

identification number specifically assigned to the person to whom the card was issued.

     (g) Issuance of a Rhode Island identification card under this section to a current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA)

program shall not confer the right to vote in the state of Rhode Island.

     SECTION 2. Sections 17-20-2.1, 17-20-16 and 17-20-26 of the General Laws in Chapter

17-20 entitled "Mail Ballots" are hereby amended to read as follows:

     17-20-2.1. Requirements for validity of mail ballot and mail ballot applications.

     (a) Any legally qualified elector of this state whose name appears upon the official voting

list of the city, town, or district of the city or town where the elector is qualified, and who desires

to avail himself or herself of the right granted to him or her by the Constitution and declared in this

chapter, may obtain, no earlier than thirty (30) days before the election, from the local board in the

city or town an affidavit form prepared by the secretary of state as prescribed in this section, setting

forth the elector's application for a mail ballot. The mail ballot shall also be available from the local

board of canvassers and the secretary of state's office.

     (b) Whenever any person is unable to sign his or her name because of physical incapacity

or otherwise, that person shall make his or her mark "X".

     (c) The application, when duly executed, shall be delivered in person or by mail so that it

is received by the local board not later than four o'clock (4:00) p.m. on the twenty-first (21st) day

before the day of any election referred to in § 17-20-1.

     (d) In addition to those requirements set forth elsewhere in this chapter, the voter's mail

ballot application signature shall be verified before it may be sent to the voter and a mail ballot, in

order to be valid, must have been cast in conformance with the following procedures:

     (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the elector

at the Rhode Island address provided by the elector on the application. In order to be valid, the

signature on all certifying envelopes containing a voted ballot must be made before a notary public

or before two (2) witnesses who shall set forth their addresses on the form.

     (2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the

name and location of the hospital, convalescent home, nursing home, or similar institution where

the elector is confined. All mail ballots issued pursuant to subdivision 17-20-2(2) shall be delivered

to the elector at the hospital, convalescent home, nursing home, or similar institution where the

elector is confined; and the ballots shall be voted and witnessed in conformance with the provisions

of § 17-20-14.

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     (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed to the address

provided by the elector on the application or sent to the board of canvassers in the city or town

where the elector maintains his or her voting residence. In order to be valid, the signature of the

elector on the certifying envelope containing voted ballots does not need to be notarized or

witnessed. Any voter qualified to receive a mail ballot pursuant to subdivision 17-20-2(3) shall also

be entitled to cast a ballot pursuant to the provisions of United States Public Law 99-410

("UOCAVA Act").

     (4) All mail ballots issued pursuant to subdivision 17-20-2(4), may be mailed to the elector

no later than five (5) days after receipt of the application, at the address within the United States

provided by the elector on the application, or sent to the board of canvassers in the city or town

where the elector maintains his or her voting residence. In order to be valid, the signature on all

certifying envelopes containing a voted ballot must be made before a notary public, or other person

authorized by law to administer oaths where signed, or where the elector voted, or before two (2)

witnesses who shall set forth their addresses on the form. In order to be valid, all ballots sent to the

elector at the board of canvassers must be voted in conformance with the provisions of § 17-20-

14.2.

     (e) Any person knowingly and willfully making a false application or certification, or

knowingly and willfully aiding and abetting in the making of a false application or certification,

shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1.

     (f) In no way shall a mail ballot application be disqualified if the voter's circumstances

change between the time of making the application and voting his or her mail ballot as long as voter

remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board of

canvassers shall provide the state board of elections with written notification of any change in

circumstances to a mail ballot voter.

     17-20-16. Time of casting vote Return of voting mail ballots deadline.

     Mail ballots may be cast in the manner provided by law on or before election day; provided,

that no mail ballot shall be counted unless it is received by the state board not later than the time

prescribed by § 17-18-11 for the closing of polling places on election day, except ballots cast under

the provisions of § 17-20-6.1, which shall be counted if received by the state board by four o'clock

p.m. (4:00) on the third day following a primary or four o'clock p.m. (4:00) on the seventh day

following an election.

     (a) All voted mail ballots must be received by eight (8:00) o'clock p.m. on the day of the

election. They may be mailed, dropped off at election day voting locations, at the board of

canvassers, or placed in an approved supervised ballot drop box.

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     (b) Under no circumstances, shall any voted mail ballot be counted, that is not received by

closing time on election day.

     17-20-26. Opening and counting of ballots.

     (a)(1) Beginning prior to and continuing on election day the state board, upon receipt of

mail ballots, shall keep the ballots in a safe and secure place that shall be separate and apart from

the general public area and shall:

     (i) Open the outer envelope and attach the matching ballot application to the inner

certifying envelope;

     (ii) Beginning fourteen (14) days prior to and continuing on election day, proceed to certify

the mail ballots.

     (2) Notice of these sessions shall be given to the public on the state board of elections'

website, the secretary of state's website, and announcements in newspapers of general circulation

published at least twenty-four (24) hours before the commencing of any session. All candidates for

local, state and federal office, as well as all state and local party chairpersons, shall be given

reasonable notice by telephone or otherwise of the day and time on which ballots affecting that

candidate's district will be certified; provided, that failure to effect the notice shall in no way

invalidate the ballots. The board shall provide as much notice as is reasonably possible under the

circumstances.

     (b) This processing shall be done within a railed space in the room in which it takes place,

and the board shall admit within the railed space, in accordance with those rules that the board shall

adopt, to witness the processing and certification of the ballots, the interested voter or the voter's

representative, the candidates, or at least one representative of each candidate for whom votes are

at the time being processed, and an equal number of representatives of each political party. These

representatives shall be authorized in writing by the voter, the candidate, or the chairperson of the

state committee of the political party, respectively, as the case may be. The board shall also, in

accordance with these rules, admit representatives of the press and newscasting agencies and any

other persons that it deems proper.

     (c) At these sessions, and before certifying any ballot, the state board shall:

     (1) Determine the city or town in which the voter cast his or her ballot and classify

accordingly; and

     (2) Compare the name, residence, and signature of the voter with the name, residence, and

signature on the ballot application for mail ballots and satisfy itself that both signatures are

identical.

     (d) [Deleted by P.L. 2015, ch. 259, § 1.]

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     (e) The board shall establish guidelines setting forth the grounds for challenging the

certification of mail ballots. These guidelines shall recognize that if a ballot can be reasonably

identified to be that of the voter it purports to be, and if it can reasonably be determined that the

voter was eligible to vote by mail ballot and if the requirements of § 17-20-2.1 were complied with,

it should not be subject to frivolous or technical challenge. The burden of proof in challenging a

mail ballot as not obtained and/or cast in conformance with this chapter is on the person challenging

the ballot. Once the irregularity is shown, the burden of proof shall shift to the person defending

the ballot to demonstrate that it is the ballot of the voter it purports to be, that the voter was eligible

to vote by mail ballot, and that all of the applicable requirements of § 17-20-2.1 were complied

with. The guidelines shall be adopted at a public meeting of the board and shall be made available

prior to the start of the certification process for mail ballots.

     (f) After processing and certification of the mail ballots, they shall be separated in packages

in accordance with their respective cities and towns, in the presence of the board and all other

interested parties. Thereupon, in each instance the board shall open the enclosing envelope, and

without looking at the votes cast on the enclosed ballot, shall remove the ballot from the envelope.

The state board shall proceed to tabulate the ballots through the use of a central count optical-scan

unit with the same effect as if the ballots had been cast by the electors in open town or district

meetings.

     (g) When a local election is held at a time other than in conjunction with a statewide

election, the state board, after the processing and certification of the mail ballots cast in the local

election, shall package the local ballots to be promptly delivered in sealed packages, bearing upon

the seals the signatures of the members of the board, to the appropriate local board which shall [a]

thereupon proceed to count the ballots in the same manner and with the same effect as state mail

ballots are counted by the state board.

     (h) When a local election is held in New Shoreham at a time other than in conjunction with

a statewide election, the state board, after the processing and certification of the mail ballots cast

in the local election, shall have the authority to count the ballots in the same manner and with the

same effect as state mail ballots are counted by the state board in a statewide election. Once the

ballots are counted, the results shall be sent via facsimile to the local board in New Shoreham.

     SECTION 3. Chapter 17-10 of the General Laws entitled "Canvassing the Lists of

Qualified Electors" is hereby amended by adding thereto the following section:

     17-10-5.1. Voter list integrity.

     (a) The Rhode Island department of health shall inform the Rhode Island board of elections

of the death of every Rhode Island resident, within twenty (20) days of their death. The secretary

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of state shall remove those dead voters, within five (5) days of the receipt of that notice of death.

     (b) Upon the sale of residential property, the seller's realtor, if any, shall deliver to the local

board of canvassers, a form that confirms the sale of the house, containing the change of the identity

of its occupants to the new owners.

     (c) Residential rental property managers shall quarterly submit, on January 10, April 10,

July 10, and October 10, a form to the local board of canvassers, listing the names of all of its

tenants who have vacated their rental property. Rental property managers shall be compensated by

the board of elections, in the sum of ten dollars ($10.00), for each vacated unit reported.

     SECTION 4. Section 17-9.1-6 of the General Laws in Chapter 17-9.1 entitled "Registration

of Voters" is hereby amended to read as follows:

     17-9.1-6. Form of registration cards -- Confidentiality of place of registration Voter

registration requirements -- Form of registration cards -- Confidentiality of place of

registration.

     (a) Notwithstanding any general laws or regulations to the contrary, all persons attempting

to register to vote will comply with the following requirements and procedures:

     (1) All registering voters shall produce, as proof of identification, a valid driver's license,

state identification card with photograph, or a United States passport.

     (2) All voters will be at least eighteen (18) years of age on or before election day.

     (3) All voters shall be United States citizens.

     (4) A valid address for their residence shall be provided.

     (5) They have not been barred from voting, by reason of a disqualifying felony conviction.

     (6) The registration form must be signed by the registrant, under of penalty of perjury.

     (b) Any applicant who registers to vote online, pursuant to § 17-9.1-34, shall be mailed a

signature card to the provided residence address. That signature card, when completed, shall be

stored on the local board of canvasser's voter roll.

     (c) Before the registration is officially accepted and approved, all the provided information

shall be verified by the registering entity.

     (d) Any person who willfully violates these requirements, submits false documents or

information or unlawfully manipulates the voter registration process shall be subject to felony

criminal penalties.

     (a)(e) Registration forms shall consist of the number of sets of cards and of the size and

color that shall be determined by the state board of elections, one of which forms shall be designated

as the original and any others as duplicates. The forms shall be ruled with appropriate spaces and

headings to indicate the registrant's name, residence address, mailing address if different from

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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.

     (b)(f) Notwithstanding that registration forms are public records, nothing contained in the

registration forms, nor any identifying characteristics of the forms such as size or color, shall

indicate the particular office of the division of motor vehicles at which the voter was registered,

nor shall there be any indication that the voter was registered at any other state, federal, or private

agency. Nothing contained in this section shall restrict the state board of elections from maintaining

confidential records showing the actual place of registration of all voters.

     SECTION 5. Sections 17-1-3 and 17-1-3.1 of the General Laws in Chapter 17-1 entitled

"General Provisions" are hereby amended to read as follows:

     17-1-3. Eligibility to vote.

     Every citizen of the United States who is at least eighteen (18) years of age, whose

residence as defined in § 17-1-3.1 has been in this state for at least thirty (30) sixty (60) days, and

in the town or city and voting district in which that person desires to cast his or her vote at least

thirty (30) sixty (60) days next preceding the election, and who is registered in that city or town

and voting district at least thirty (30) sixty (60) days next preceding any election, shall be entitled

to vote in the election; provided, a person may vote in a primary election only if that person is

eligible under the provisions of this title. A person who has not registered to vote, or whose

registration has been canceled pursuant to § 17-10-1, may cast a vote for president and vice-

president on election day at his or her city or town hall or at an alternate location designated by the

board of canvassers, and approved by the board of elections, where such location is deemed

necessary to better accommodate such voters. The casting of that vote shall commence the process

of voter registration and subject the person voting to the requirements and penalties of this chapter.

     17-1-3.1. Residence for voting purposes.

     (a) A person's residence for voting purposes is his or her fixed full-time and established

domicile. The determinant of one's domicile is that person's factual physical presence in the voting

district on a regular basis incorporating an intention to reside for an indefinite period. This domicile

is the place to which, upon temporary absence, he or she has the intention of returning. Once

acquired, this domicile continues until another domicile is established. A person can have only one

domicile, and the domicile shall not be considered lost solely by reason of absence for any of the

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following reasons:

     (1) Employment or service outside of the state intimately connected with military

operations or with the federal government, including the spouse and dependents of an elector so

employed;

     (2) Confinement in a correctional facility;

     (3) Being a patient in a hospital, convalescent home, nursing home or rest home, or like

facility; or

     (4) Attendance as a student at an academic institution, including the spouse and dependents

of an elector who is a student.

     (b) The following shall be considered prima facie evidence of a person's residence for

voting purposes:

     (1) The address furnished to the division of motor vehicles for the voter's operator's license;

     (2) The address from which the voter's motor vehicle is registered;

     (3) The address from which the voter filed his last federal income tax return;

     (4) The address from which the voter filed his last state income tax return;

     (5) The address furnished to the companies from which the voter has obtained retail credit

cards;

     (6) The address furnished to the financial institutions where the voter maintains accounts;

     (7) The address furnished to the tax collector and/or assessor in those communities where

the voter owns taxable real or personal property for the purpose of notification to him or her;

     (8) The address furnished to the insurance companies with which the voter maintains

policies;

     (9) The address furnished to the voter's employer;

     (10) The address furnished by the voter to any business, professional, union, or fraternal

organizations of which he or she is a member;

     (11) The address furnished to governmental agencies with which the voter has contact;

     (12) The address of a hospital, convalescent home, nursing home or rest home, or like

facility at which the voter has been a patient or resident for the preceding thirty (30) days or longer;

     (13) The address furnished to the United States postal service on a change of address form

as verified by the United States postal service.

     (c) Notwithstanding the residency and domicile requirements and guidelines of subsection

(a) of this section, only persons who claim Rhode Island as their state income tax jurisdiction shall

be allowed to vote in this state.

     SECTION 6. Chapter 17-19 of the General Laws entitled "Conduct of Election and Voting

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Equipment, and Supplies" is hereby amended by adding thereto the following sections:

     17-19-55. Restriction of election electioneering donations/contributions from private

individuals or entities.

     No financial or in-kind support from any private individuals or third parties, may be

accepted or used to pay for official state or local government election function expenses, such as

"get out the vote" efforts, ballot dissemination or collection, ballot curing, purchase of election

equipment and/or the like.

     17-19-56. In-person early voting.

     (a) Effective January 1, 2023, in-person daily early voting shall take place in the location

designated by each local board of canvassers, including Saturdays and Sundays from seven (7:00)

o'clock a.m. to eight (8:00) o'clock p.m., for the fourteen (14) days prior to and including election

day.

     (b) Each early in-person voting location shall be handicap accessible.

     (c) Each designated voting location, in conjunction with the local board of canvassers, shall

produce a list of all voters who have cast their ballots the previous day, including returned mail-in

ballots that have been received. This list will be available to the public and to election personnel to

help prevent the casting of a duplicate ballot by the applicable, early in-person voter.

     SECTION 7. Chapter 17-20 of the General Laws entitled "Mail Ballots" is hereby amended

by adding thereto the following sections:

     17-20-25.1. Ballot drop boxes.

     If mail ballot drop boxes are used, each ballot drop box shall be placed in the interior of a

local or state government building, such as a police or fire station or other government office, that

is subject to supervision, during its hours of public access. Ballot drop boxes shall be continuously

monitored by one or more individuals approved by the board of elections, when the drop box is

accessible for the deposit of ballots.

     17-20-28.1. Mail ballot harvesting.

     (a) Definitions. As used in this section, except as otherwise required by the context:

     (1) "Ballot harvester" means any person who is:

     (i) A candidate on the ballot;

     (ii) Associated with a political campaign;

     (iii) An immediate family member of a candidate on the ballot;

     (iv) A person or representative of an organization that has been hired by a candidate or

campaign;

     (v) A person or organization with a vested or financial interest in the outcome of a

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campaign;

     (vi) Any political party operative or third-party vendor involved in obtaining and/or

possessing ballots;

     (vii) Any organization coordinating or planning ballot harvesting activities, including

collection and delivery of mail applications and ballots; and

     (viii) Any organization that accepts payments tied to the collection of mail ballots.

     (2) "Designee" means:

     (i) A member of the mail ballot applicant's family, who is designated by the ballot applicant

and consents to that designation;

     (ii) A medical designee independently chosen and affirmed, in writing, by a notary public,

who has no connection to any ballot harvesting.

     (b) Ballot harvesting shall be a misdemeanor, punishable by a mandatory minimum prison

sentence of three (3) months, plus a fine of two hundred fifty dollars ($250) per ballot.

     (c) Mail ballot voters may designate another person to assist them in mailing or delivering

their completed mail ballot to their local board of canvassers, if they are unable to do so due to

illness, disability or infirmity. In all cases, the voter shall independently complete their ballot

personally, without intimidation, coercion, manipulation, or tabletop electioneering by any person.

No designee may obtain, possess, deliver, or offer to delivery more than three (3) mail ballots.

     (d) The respective state chairperson of recognized political parties shall designate members

of a bipartisan team for each nursing home/congregate care facility to collect mail ballots of

incapacitated voters. This requirement shall not be waived or infringed upon by an executive order

or any official edict from the secretary of state's office.

     SECTION 8. Section 31-10-26 of the General Laws in Chapter 31-10 entitled "Operators'

and Chauffeurs' Licenses" is hereby amended to read as follows:

     31-10-26. Issuance of license.

     (a) The division of motor vehicles shall, upon payment of the required fee, issue to every

qualifying applicant an operator's or chauffeur's license. The license shall be approximately two

and one-half inches (2 1/2") wide and three and one-half inches (3 1/2") long and shall bear on it a

distinguishing number assigned to the licensee; the full name; date of birth; residence address; brief

description of the licensee; a photograph of the licensee; whether the licensee has indicated a desire

to donate tissue or organs pursuant to the provisions of chapter 18.6.1 of title 23; and either a space

upon which the licensee shall write his or her usual signature with pen and ink or a facsimile of the

signature of the licensee. No license shall be valid until it has been so signed by the licensee

designated on it. A negative file of all photographs of licensees shall be maintained by the division

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of motor vehicles for a period of five (5) years.

     (b) The division of motor vehicles shall issue an operator's or chauffeur's license pursuant

to this chapter to every qualifying applicant, including, but not limited to, any current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA)

program, provided any applicant subject to the DACA program shall provide evidence of having

received the grant from the United States Citizenship and Immigration Services.

     (1) All Rhode Island operator's or chauffeur's licenses issued to noncitizen residents shall

contain a large "FN" across the face of the license. This marking designates the holder as a foreign

national, who is not eligible to vote. The barcode on the driver's license will be coded to prevent its

use for registering to vote or for voting.

     (c) The division of motor vehicles shall issue special licenses to those licensees who have

indicated that they desire to donate tissue or organs, which conform to the provisions of the Revised

Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.

     (d) Any person who is a law enforcement officer, meaning any permanently employed

member of the state, city, or town police departments, sheriffs and deputy sheriffs, members of the

marshal's unit, capitol police, and the state fire marshal and deputy fire marshals of the division of

building, design and fire professionals or a member of the department of attorney general, any

permanently employed federal law enforcement officer assigned in Rhode Island, or any member

of the United States Attorney's Office in Rhode Island or any employee of the R.I. department of

corrections, as recommended by the director of the department of corrections, upon request of the

applicant, shall be issued a license that contains the applicant's official business address in lieu of

a residence address as required under the general provisions of this section.

     (e) The license issued to a person applying for the first time shall be designated as a "first

license." A first license shall be issued for a one-year period after which time a permanent driver's

license shall be issued according to this section.

     (f) If an applicant has been adjudicated for committing one moving motor vehicle violation,

has been involved in one reportable motor vehicle accident, or both, he or she shall be summoned

for a hearing before a judge of the traffic tribunal at which time the driving record will be reviewed.

The traffic tribunal judge shall determine if the person should be granted an operator's license, be

reissued a first license, or be denied a license to operate a motor vehicle in the state of Rhode Island.

     (g) Any person who is under the age of twenty-one (21) years shall, upon payment of the

required fee and upon meeting the qualifications for the receipt of an operator's or chauffeur's

license, be issued a license that shall be readily distinguishable in color from those licenses issued

to persons who are twenty-one (21) years of age or older. When a person under the age of twenty-

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one (21) years to whom a license has been issued and whose license is in full force and effect,

attains his or her twenty-first birthday, he or she shall be entitled to receive a new license of the

type issued to persons who are older than the age of twenty-one (21) years from the administrator

of the division of motor vehicles upon demand at no expense. Every person shall supply to the

division of motor vehicles satisfactory proof of his or her date of birth.

     (h) The division of motor vehicles shall issue special licenses upon the request of a licensee

that conform to the provisions of the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title

23.

     (i) The division of motor vehicles shall note in an appropriate manner a restriction on any

person's license who is prohibited from operating a motor vehicle that is not equipped with an

ignition interlock system as provided in chapter 27 of this title.

     (j) Any personal digitized information contained within an operator's or chauffeur's license

shall be limited to: (a) the licensee's name, age, date of birth, address, gender, physical description

such as weight, height, hair color and eye color, signature and organ donor status; and (b) the license

number, commercial endorsements, expiration date, issue date, restriction, and class.

     (k) Except to the extent an entity is authorized to renew drivers' licenses, or except for

financial institutions engaged in the verification of information for financial transactions,

nongovernmental entities shall not have access to any digitized information contained in an

operator's or chauffeur's license other than the licensee's name, age, date of birth, signature, and

photographic image, and the license's expiration date; nor shall they store, record, or retain any

such information obtained through a digital reading device. Access to digitized information by

these entities shall be solely for the purpose of determining the age of an individual for a transaction,

right, or privilege available by law only to persons of a certain age.

     (l) To the extent that nongovernmental entities shall have access to the digitized

information stored on an operator's or chauffeur's license, the entity shall be civilly liable for the

unauthorized access to, or retention or use of, the information by its agents or persons acting in the

name of the entity.

     (m) The division of motor vehicles shall collect from applicants and licensees their social

security numbers and tax identification numbers only to the extent required by federal law. The

numbers shall not be included, either digitally or visually, on the operator's or chauffeur's license.

     (n) Issuance of a Rhode Island operator's license under this chapter to a current or past

recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA)

program shall not confer the right to vote in the state of Rhode Island.

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     SECTION 9. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- REGISTRATION OF VOTERS

***

     This act would refine the requirements and procedures for registering to vote and for

applying for a mail ballot and would mandate that driver's licenses and motor vehicle identification

cards issued to non-drivers, have a marking on them, which identifies the holder as a foreign

national and would also expressly outlaw the practice of ballot harvesting with criminal penalties.

     This act would take effect upon passage.

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