Chapter 164

2008 -- H 8179

Enacted 07/02/08

A N A C T

RELATING TO ELECTIONS

Introduced By: Representative Arthur J. Corvese

Date Introduced: April 22, 2008    

It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-10-1 of the General Laws in Chapter 17-10 entitled "Canvassing

the Lists of Qualified Electors" is hereby amended to read as follows:

17-10-1. Maintenance of registration -- Inactive file. -- (a) The local board or its duly

authorized agent shall maintain the files of registration cards in a condition that will correctly

represent the registration of qualified voters at all times. It shall continually purge the cards of

voters no longer qualified to vote in the city or town. It shall promptly record all changes of

address, changes of name, and transfers and cancellations of registration.

      (b) If a confirmation card has been mailed to a registered voter at an address outside of

the city or town of the voter's current registered address for voting purposes, or if the

confirmation card has been mailed to an address within the same city or town where the voter is

registered, which card was sent to confirm the voter's continuing residence within the city or town

and not merely to confirm information provided by or through the postal service concerning a

change of address within the city or town, and in both cases the voter has failed to respond to the

confirmation card, the voter shall be stricken from the voting list and the voter registration shall

be canceled if the voter has not voted or appeared to vote in an election during the period

beginning on the date of mailing of the confirmation card and ending on the date after the date of

the second general election that occurs after the date of mailing of the card. Provided, that the

registration of any person shall not be canceled during his or her service in the armed forces of

the United States and during two (2) years thereafter. A voter whose registration has been

canceled shall not thereafter be eligible to vote unless that voter shall again register in accordance

with the provisions of this title and in accordance with the provisions of the Constitution of this

state. The local board shall notify the secretary of state of any cancellation. The local board shall

notify each voter whose registration has been canceled by a notice addressed to the voter at the

voter's last known address, and a memorandum that the notice has been sent shall be maintained

on file by the local board; provided, that failure to give or receive the notice shall not affect the

cancellation of the voter's registration. The local board shall take affirmative action to purge the

voter's name from its files of registration cards.

      (c) Using the central voter registration system, upon receipt of the monthly list of

individuals who have died from the office of vital statistics as prescribed by section 23-3-5, the

secretary of state shall identify all voter registrations that may be reflected on the list and so

notify electronically, the local board of canvassers of each applicable city or town. The local

board, upon receipt of the monthly list of deceased persons from its respective local registrar of

vital records under the provision of section 23-3-7, the secretary of state, or upon receipt of an

affidavit of death on forms prescribed by the secretary of state, shall promptly purge its files of

registration cards by deleting removing the cards of each deceased elector and canceling the voter

registration information of the deceased elector from the central voter registration system. The

local board shall immediately notify the secretary of state of this action.

      (d) The local board shall maintain a separate list of all new registrations and all transfers

of registration which are received by the board within the thirty (30) day period prior to the close

of registration prior to each primary, regular, and special election. The list shall be maintained

until the time that the election is held.

     SECTION 2. Sections 23-3-5 and 23-3-7 of the General Laws in Chapter 23-3 entitled

"Vital Records" are hereby amended to read as follows:

23-3-5. Duties of state registrar of vital records. -- (a) The state registrar of vital

records shall:

      (1) Administer and enforce this chapter and the rules and regulations issued under this

chapter, and issue instructions for the efficient administration of the statewide system of vital

records.

      (2) Direct and supervise the statewide system of vital records and the division of vital

records and be custodian of its records.

      (3) Direct, supervise, and control the activities of local registrars and the activities of

town and city clerks related to the operation of the vital records system.

      (4) Prescribe, with approval of the state director of health, and distribute any forms that

are required by this chapter and the rules and regulations issued under this chapter.

      (5) Prepare and publish annual reports of vital records of this state and any other reports

that may be required by the state director of health.

      (6) Notify Electronically transmit to the office of the secretary of state and the

appropriate local canvassing authority of the receipt of a death certificate , on a monthly basis, a

list of any reported deaths of a person or persons reporting the death of a person eighteen (18)

years of age or older, and maintain a list of those deceased persons.

      (7) Provide a copy on alkaline paper or an electronic record of each certificate of birth,

death, and marriage to the city or town clerk before the tenth (10th) day of the month after the

certificate is received by the division of vital records as authorized by regulations.

      (8) (i) Flag birth certificates of missing children and perform all other acts and duties

required to be performed by him or her pursuant to chapter 28.8 of title 42.

      (ii) Upon receipt of information pursuant to section 42-28.8-3, provide the local

registrars of the several cities and towns with that information.

      (9) Direct, supervise, and control the transition from a paper-based system to an

electronic system.

      (b) The state registrar of vital records, with the approval of the director of health, may

appoint a deputy state registrar and may delegate any functions and duties vested in him or her to

employees of the division of vital records and to local registrars that he or she deems necessary or

expedient.

23-3-7. Duties of local registrars. -- The local registrar, with respect to his or her

respective city or town, shall:

      (1) Administer and enforce the provisions of this chapter and instructions, rules, and

regulations issued under this chapter.

      (2) Require that certificates be completed and filed in accordance with provisions of this

chapter and the rules and regulations issued under this chapter.

      (3) Transmit on or before the tenth (10th) day of each month the certificates, reports, or

other returns filed with him or her for the preceding month to the state registrar of vital records or

more frequently when directed to do so by the state registrar of vital records.

      (4) Maintain records, make reports, and perform all other duties that may be required by

the state registrar of vital records.

(5) Transmit on or before the tenth (10th) day of each month a list of the deaths filed

with him or her for the preceding month, to his or her respective local board of canvassers.

(5) (6) Flag birth certificates of missing children and perform all other acts and duties

required to be performed pursuant to chapter 28.8 of title 42.

     SECTION 3. This act shall take effect upon passage.

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LC02595

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