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| 5 | 5 | | 2023 -- H 6274 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002791 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO ELECTIONS -- REGISTRATION OF VOTERS |
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| 16 | 16 | | Introduced By: Representatives Messier, J. Brien, Alzate, Solomon, and Casey |
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| 17 | 17 | | Date Introduced: April 07, 2023 |
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| 18 | 18 | | Referred To: House State Government & Elections |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 17-9.1-7 of the General Laws in Chapter 17-9.1 entitled "Registration 1 |
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| 23 | 23 | | of Voters" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 17-9.1-7. Registration at the division of motor vehicles — Additional agencies. 3 |
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| 25 | 25 | | (a) Every person applying at the division of motor vehicles for a driver’s license or a 4 |
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| 26 | 26 | | renewal of the license, or personal identification document issued by the division of motor vehicles, 5 |
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| 27 | 27 | | and who is or may be by the next general election qualified to vote, shall be registered to vote, or 6 |
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| 28 | 28 | | if previously registered, be afforded the opportunity to change their address for voting purposes. 7 |
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| 29 | 29 | | (b)(1) The division of motor vehicles shall identify each person applying for a driver's 8 |
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| 30 | 30 | | license, a license renewal, change of address, or a personal identification document, who provides 9 |
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| 31 | 31 | | an identification document with such application, that demonstrates United States citizenship and 10 |
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| 32 | 32 | | who is of sufficient age to register to vote. The division of motor vehicles may identify such persons 11 |
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| 33 | 33 | | by reviewing records of identification documents maintained by the division of motor vehicles that 12 |
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| 34 | 34 | | demonstrates United States citizenship provided as part of a previous licensing application. 13 |
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| 35 | 35 | | Submission of such a document shall be considered a certification of citizenship, pursuant to § 17-14 |
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| 36 | 36 | | 9.1-11. 15 |
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| 37 | 37 | | (2) Each such applicant's name, residence address, mailing address, if different from their 16 |
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| 38 | 38 | | residence address, date of birth, and registrant's signature and date of affixation of signature, and 17 |
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| 39 | 39 | | any other information requested by the secretary of state, shall be transmitted by the division of 18 |
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| 40 | 40 | | motor vehicles to the statewide central voter registration system, mandated pursuant to § 17-6-1.2, 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002791 - Page 2 of 6 |
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| 44 | 44 | | not later than the next business day after the date of acceptance of the provided information by the 1 |
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| 45 | 45 | | division of motor vehicles. Transmission shall be made by electronic means, as prescribed by the 2 |
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| 46 | 46 | | secretary of state, and shall be in an electronic form, compatible with the voter registration system 3 |
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| 47 | 47 | | maintained by the secretary of state. If the person is not registered to vote at the address which 4 |
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| 48 | 48 | | appears in the electronic record, the secretary of state shall forward such electronic record to the 5 |
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| 49 | 49 | | local board of the city or town of the applicant's residence. The secretary of state may adopt rules 6 |
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| 50 | 50 | | to facilitate the administration of voter registration under this section. 7 |
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| 51 | 51 | | (3) Notice shall be sent by mail to each such applicant that the applicant shall be registered 8 |
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| 52 | 52 | | to vote or, if already registered, then the address on the registration record shall be updated. The 9 |
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| 53 | 53 | | notice shall include information on how the applicant may decline to become registered to vote or 10 |
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| 54 | 54 | | decline to update their registration address, and on how to affiliate with a political party or update 11 |
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| 55 | 55 | | their affiliation. Any applicant who does not so decline within fourteen (14) days of such mailing, 12 |
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| 56 | 56 | | shall be registered or the registration record shall be updated. The mailing required by this section, 13 |
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| 57 | 57 | | may be combined with the contents of an acknowledgement of registration or change of address, 14 |
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| 58 | 58 | | pursuant to § 17-9.1-25, and if so combined, shall serve as acknowledgement of registration or 15 |
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| 59 | 59 | | change of address, that shall be deemed to satisfy the requirements of § 17-9.1-25 if the recipient 16 |
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| 60 | 60 | | does not decline to register to vote or change their address within fourteen (14) days of such 17 |
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| 61 | 61 | | mailing. Any person who declines to register under this subsection, shall be removed from the 18 |
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| 62 | 62 | | central voter registration system and deemed not to have submitted an application to register to 19 |
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| 63 | 63 | | vote. The information transmitted pursuant to subsection (b)(2) of this section shall be deemed 20 |
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| 64 | 64 | | confidential and shall not be open to public inspection or copying or included on any public 21 |
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| 65 | 65 | | registration list, until after fourteen (14) days of such mailing. 22 |
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| 66 | 66 | | (4) The division of motor vehicles may obtain information from the secretary of state 23 |
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| 67 | 67 | | regarding the voter registration status of persons applying for a driver’s license or renewal or 24 |
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| 68 | 68 | | change of address of it or a personal identification document. If the information from the secretary 25 |
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| 69 | 69 | | of state is available to the division of motor vehicles during the licensing transaction, and the 26 |
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| 70 | 70 | | information indicates that such applicant is on the active or inactive voter list, the applicant’s 27 |
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| 71 | 71 | | information shall be processed as a registration update by the division of motor vehicles and the 28 |
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| 72 | 72 | | secretary of state, under the procedures set forth in subsections (b)(2) and (b)(3) of this section 29 |
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| 73 | 73 | | whether or not the applicant satisfies the conditions of subsection (b)(1) of this section. 30 |
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| 74 | 74 | | (5) The procedures set forth in subsections (b)(1) through (b)(4) of this section shall not 31 |
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| 75 | 75 | | apply to an applicant who is requesting or is renewing a license that contains the applicant's official 32 |
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| 76 | 76 | | business address, in lieu of a residence address, as provided in § 31-10-26(d). The division of motor 33 |
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| 77 | 77 | | vehicles shall provide such applicant with a voter registration opportunity, under the procedures set 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002791 - Page 3 of 6 |
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| 81 | 81 | | forth in subsection (c) of this section. 1 |
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| 82 | 82 | | (6) The division of motor vehicles, in consultation with the secretary of state, may provide 2 |
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| 83 | 83 | | applicants under subsection (b) of this section with appropriate notices and instructions regarding 3 |
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| 84 | 84 | | the voter registration procedures set forth in subsection (b) of this section. 4 |
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| 85 | 85 | | (b)(c) The division of motor vehicles shall identify each person applying for a driver's 5 |
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| 86 | 86 | | license or renewal of it or a personal identification document, who provides an identification 6 |
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| 87 | 87 | | document with such application, that does not demonstrate United States citizenship but does not 7 |
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| 88 | 88 | | demonstrate lack of United States citizenship, and who is of sufficient age to register to vote, and, 8 |
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| 89 | 89 | | except as provided in subsection (b)(4) of this section, shall provide such person with an application 9 |
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| 90 | 90 | | to register to vote under the procedures set forth in this subsection. The application to register to 10 |
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| 91 | 91 | | vote must be offered simultaneously with the application for the driver’s license or renewal of it or 11 |
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| 92 | 92 | | personal identification document. Division of motor vehicles employees must provide to applicants 12 |
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| 93 | 93 | | for driver’s licenses, license renewal, or personal identification documents the same level of 13 |
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| 94 | 94 | | assistance and instruction with respect to the application to register to vote as is provided with 14 |
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| 95 | 95 | | respect to the application for driver’s licenses, renewal of the license, or personal identification 15 |
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| 96 | 96 | | documents; provided, that one signature may be sufficient on the application for driver’s license, 16 |
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| 97 | 97 | | renewal of the license, or personal identification document and the application to register to vote. 17 |
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| 98 | 98 | | The applicant shall be afforded the opportunity to decline to certify their United States citizenship 18 |
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| 99 | 99 | | and choose to register to vote. If previously registered, the applicant shall be afforded the 19 |
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| 100 | 100 | | opportunity to change his or her address for voting purposes. In order to protect the privacy of 20 |
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| 101 | 101 | | those who do not wish to register to vote for any reason, the failure of an applicant for a driver’s 21 |
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| 102 | 102 | | license or renewal of it or a personal identification document to register to vote may not be used 22 |
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| 103 | 103 | | for any purposes other than to determine the person’s voter registration status. 23 |
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| 104 | 104 | | (c)(d)(1) The voter registration application, pursuant to subsection (c) of this section, shall 24 |
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| 105 | 105 | | contain the registrant’s name, residence address, mailing address if different from residence 25 |
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| 106 | 106 | | address, date of birth, and registrant’s signature and date of affixation of signature, and may include 26 |
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| 107 | 107 | | any other information, certifications, and declarations, including those made under the penalty of 27 |
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| 108 | 108 | | perjury, that may be required by the state board in order to administer a single and unified system 28 |
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| 109 | 109 | | of voter registration in accordance with applicable state and federal laws that shall enable duly 29 |
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| 110 | 110 | | registered voters to vote in all elections in their respective voting districts including, elections for 30 |
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| 111 | 111 | | federal officers. The voter registration application must also include, in print identical to that used 31 |
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| 112 | 112 | | in the attestation portion of the form, the following: 32 |
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| 113 | 113 | | (i) The penalties provided by law for submitting a false voter registration; 33 |
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| 114 | 114 | | (ii) A statement that, if the applicant declines to register to vote, his or her decision will 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002791 - Page 4 of 6 |
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| 118 | 118 | | remain confidential and be used only for voter registration purposes; and 1 |
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| 119 | 119 | | (iii) A statement that, if the applicant does register to vote, information regarding the office 2 |
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| 120 | 120 | | or branch of the division of motor vehicles to which the application was submitted will remain 3 |
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| 121 | 121 | | confidential, to be used only for voter registration purposes. 4 |
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| 122 | 122 | | (2) It shall be the responsibility of the division of motor vehicles to print and to have 5 |
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| 123 | 123 | | available at all times a sufficient number of voter registration forms in order to carry out the 6 |
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| 124 | 124 | | provisions of this section. 7 |
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| 125 | 125 | | (d)(e) The completed voter registration application, pursuant to subsection (c) of this 8 |
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| 126 | 126 | | section, shall be transmitted by the division of motor vehicles to the central voter registration 9 |
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| 127 | 127 | | system mandated pursuant to § 17-6-1.2 not later than the next business day after the date of 10 |
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| 128 | 128 | | acceptance by the division of motor vehicles. Transmission shall be made by electronic means as 11 |
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| 129 | 129 | | prescribed by the secretary of state, and shall be in an electronic form compatible with the voter 12 |
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| 130 | 130 | | registration system maintained by the secretary of state. 13 |
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| 131 | 131 | | (e)(f) Any person who has fully and correctly completed an application to register to vote 14 |
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| 132 | 132 | | at the division of motor vehicles or whose record has been transferred, pursuant to subsection (b) 15 |
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| 133 | 133 | | of this section, is presumed to be registered as of the date of the acceptance of the registration by 16 |
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| 134 | 134 | | the division of motor vehicles, subject to verification of the registration by the local board as 17 |
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| 135 | 135 | | provided in § 17-9.1-25. 18 |
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| 136 | 136 | | (f)(g) Pursuant to § 17-9.1-11, the division of motor vehicles shall not transmit the voter 19 |
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| 137 | 137 | | registration of any applicant under the procedures set forth in subsection (c) of this section who 20 |
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| 138 | 138 | | fails to certify that they are a citizen of the United States. Notwithstanding any other provision of 21 |
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| 139 | 139 | | law to the contrary, any applicant who provides an identification document that demonstrates a lack 22 |
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| 140 | 140 | | of United States citizenship or who affirms that the applicant is not a United States citizen, shall 23 |
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| 141 | 141 | | not be offered an opportunity to register to vote, and the division of motor vehicles shall not transfer 24 |
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| 142 | 142 | | the record of such applicant, pursuant to subsections (b) or (c) of this section. 25 |
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| 143 | 143 | | (g)(h) If a person who is ineligible to vote becomes registered to vote pursuant to this 26 |
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| 144 | 144 | | section, that person’s registration shall be presumed to be deemed officially authorized and not be 27 |
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| 145 | 145 | | deemed attributable to or the fault of that person. Notwithstanding the foregoing, anyone who 28 |
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| 146 | 146 | | knowingly and willfully provides false information pursuant to this section shall be subject to 29 |
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| 147 | 147 | | prosecution under § 17-9.1-12. 30 |
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| 148 | 148 | | (h)(i) The state board of elections shall have the authority to adopt regulations to implement 31 |
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| 149 | 149 | | and administer the provisions of this section, including all registrations taken at the division of 32 |
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| 150 | 150 | | motor vehicles. 33 |
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| 151 | 151 | | (i)(j)(1) In accordance with Section 7 of the National Voter Registration Act of 1993, 52 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002791 - Page 5 of 6 |
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| 155 | 155 | | U.S.C. § 20506, other Other applicable state government, federal, local, or education agencies that 1 |
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| 156 | 156 | | the secretary verifies already collect documents that would provide proof of eligibility, including 2 |
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| 157 | 157 | | age, citizenship, and residence address, may follow the procedures for automatic voter registration 3 |
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| 158 | 158 | | enumerated for the division of motor vehicles as described in subsections (b) through (d)(f) of this 4 |
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| 159 | 159 | | section, except that such agencies may verify citizenship by database matching or other means 5 |
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| 160 | 160 | | deemed reliable by the secretary of state, instead of verifying documents provided during a 6 |
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| 161 | 161 | | transaction. 7 |
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| 162 | 162 | | (2) Any additional agencies that are designated for automatic registration must follow the 8 |
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| 163 | 163 | | rules and protocols established in this section for the division of motor vehicles. 9 |
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| 164 | 164 | | (3) Any additional agency that collects sufficient information to register to vote multiple 10 |
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| 165 | 165 | | individuals through one application for service, shall follow the procedures described in subsections 11 |
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| 166 | 166 | | (b) through (f) of this section for each eligible individual on an application, except that each 12 |
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| 167 | 167 | | individual shall be provided with a notice pursuant to subsection (b)(3) of this section. 13 |
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| 168 | 168 | | (k) Other applicable state, local, or education agencies that do not fall under subsection (j) 14 |
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| 169 | 169 | | of this section, but that the secretary of state verifies collect sufficient information to update the 15 |
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| 170 | 170 | | address on existing registration records, may follow the procedures for automatic voter registration, 16 |
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| 171 | 171 | | enumerated for the division of motor vehicles, as described in subsections (b) through (f) of this 17 |
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| 172 | 172 | | section, for address updates only. 18 |
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| 173 | 173 | | (j)(l) Effective date. The provisions of this section shall take effect thirty (30) days after 19 |
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| 174 | 174 | | the administrator of the division of motor vehicles certifies in writing to the general assembly that 20 |
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| 175 | 175 | | the Rhode Island motor vehicle licensing system (RIMS) computer system is capable of meeting 21 |
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| 176 | 176 | | the requirements set forth in this act. The administrator of the division of motor vehicles shall 22 |
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| 177 | 177 | | consult with the secretary prior to making this determination about the computer system. 23 |
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| 178 | 178 | | (m) The division of motor vehicles shall not offer an opportunity to register to vote pursuant 24 |
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| 179 | 179 | | to subsections (b) and (c) of this section to an applicant for a driver privilege card or driver privilege 25 |
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| 180 | 180 | | permit under chapter 10.4 of title 31. 26 |
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| 181 | 181 | | SECTION 2. This act shall take effect upon passage. 27 |
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| 182 | 182 | | ======== |
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| 183 | 183 | | LC002791 |
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| 185 | 185 | | |
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| 186 | 186 | | |
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| 187 | 187 | | LC002791 - Page 6 of 6 |
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| 188 | 188 | | EXPLANATION |
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| 189 | 189 | | BY THE LEGISLATIVE COUNCIL |
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| 190 | 190 | | OF |
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| 191 | 191 | | A N A C T |
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| 192 | 192 | | RELATING TO ELECTIONS -- REGISTRATION OF VOTERS |
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| 193 | 193 | | *** |
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| 194 | 194 | | This act would increase the role of the division of motor vehicles in the voter registration 1 |
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| 195 | 195 | | and address verification process, by establishing very specific obligations and responsibilities that 2 |
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| 196 | 196 | | must be followed before offering an individual an application to register to vote. 3 |
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| 197 | 197 | | This act would take effect upon passage. 4 |
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| 199 | 199 | | LC002791 |
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