2023 -- H 5267

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LC000967

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO ELECTIONS -- RHODE ISLAND RESTORATION OF VOTING RIGHTS

ACT

     Introduced By: Representatives Vella-Wilkinson, McEntee, Morales, and Batista

     Date Introduced: January 27, 2023

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-9.2-3 of the General Laws in Chapter 17-9.2 entitled "Rhode

Island Restoration of Voting Rights Act" is hereby amended to read as follows:

     17-9.2-3. Restoration of voting rights.

     (a)(1) Except as provided otherwise in subsection (a)(2) of this section, A a person who

has lost the right of suffrage under Article II, Section 1 of the Constitution of Rhode Island because

of such person’s incarceration upon a felony conviction shall be restored the right to vote when that

person is discharged from incarceration.

     (2) Any person convicted of sedition, insurrection, rebellion, or a felony in relation to any

such act, shall permanently:

     (i) Forfeit such person's rights to be an elector and such person's privileges as an elector in

the state;

     (ii) Be prohibited from being a candidate for or holding public office in the state; and

     (iii) Be prohibited from being employed by the state or any political subdivision thereof.

     (b) Before accepting a plea of guilty or nolo contendere to a felony, and before imposing a

felony sentence after trial, the court shall notify the defendant that conviction will result in loss of

the right to vote only if and for as long as the person is incarcerated and that voting rights are

restored upon discharge.

     (c) The department of corrections shall act as a voter registration agency in accordance

with § 17-9.1-8. In this capacity, and as part of the release process leading to a person’s discharge

from a correctional facility, the department of corrections shall notify that person in writing that

voting rights will be restored, provide that person with a voter registration form and a declination

form, and offer that person assistance in filling out the appropriate form. Unless the registrant

refuses to permit it to do so, the department of corrections shall transmit the completed voter

registration form to the state board or local board where the registrant resides.

     (d) The department of corrections shall, on or before the 15th day of each month, transmit

to the secretary of state two (2) lists. The first shall contain the following information about persons

convicted of a felony who, during the preceding period, have become ineligible to vote because of

their incarceration; the second shall contain the following information about persons convicted of

a felony who, during the preceding period, have become eligible to vote because of their discharge

from incarceration:

     (1) name;

     (2) date of birth;

     (3) date of entry of judgment of conviction;

     (4) description of offense;

     (5) sentence.

     (e) The secretary of state shall ensure that the statewide central voter registration is purged

of the names of persons who are ineligible to vote because of their incarceration upon a felony

conviction. The secretary of state shall likewise ensure that the names of persons who are eligible

and registered to vote following their discharge from incarceration are added to the statewide

central voter register in the same manner as all other names are added to that register.

     (f) The secretary of state shall ensure that persons who have become eligible to vote

because of their discharge from incarceration face no continued barriers to registration or voting

resulting from their felony convictions.

     (g) The secretary of state shall develop and implement a program to educate attorneys,

judges, election officials, corrections officials, and members of the public about the requirements

of this section, ensuring that:

     (1) Judges are informed of their obligation to notify criminal defendants of the potential

loss and restoration of their voting rights in accordance with subsection (b) hereof.

     (2) The department of corrections is prepared to assist people with registration to vote in

anticipation of their discharge from incarceration, including by forwarding completed voter

registration forms to the state board or local board where the registrant resides.

     (3) The language on voter registration forms makes clear that people who have been

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disqualified from voting because of felony convictions regain the right to vote when they are

discharged from incarceration.

     (4) The state department of corrections is prepared to transmit to the secretary of state the

information specified in subsection (d) hereof.

     (5) Probation and parole officers are informed of the change in the law and are prepared to

notify probationers and parolees that their right to vote is restored.

     (6) Accurate and complete information about the voting rights of people who have been

charged with or convicted of crimes, whether disfranchising or not, is made available through a

single publication to government officials and the public.

     (h) Voting rights shall be restored to all Rhode Island residents who have been discharged

from incarceration or who were never incarcerated following felony convictions, whether they were

discharged or sentenced before or after the effective date of this section, except as provided

otherwise in this section. Any notice of voter rights provided pursuant to this section shall

incorporate the provisions of §17-9.2-3(a)(2), where applicable.

     SECTION 2. 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 -- RHODE ISLAND RESTORATION OF VOTING RIGHTS

ACT

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     This act would provide that any person convicted of sedition, insurrection, rebellion, or a

felony in relation to any such act, would permanently forfeit such person's rights to be an elector

and such person's privileges as an elector, be prohibited from being a candidate for or holding

public office in the state, and be prohibited from being employed by the state or any political

subdivision thereof.

     This act would take effect upon passage.

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