2022 -- H 7515

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LC004699

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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: Representatives Tobon, Barros, Edwards, Kennedy, Williams, O'Brien,
Vella-Wilkinson, and Marszalkowski

     Date Introduced: February 16, 2022

     Referred To: House State Government & Elections

     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 "Registration

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of Voters" is hereby amended to read as follows:

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

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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 vehicles,

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

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if previously registered, be afforded the opportunity to change their address for voting purposes.

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     (b)(1) The division of motor vehicles shall identify each person applying for a driver's

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license, a license renewal, change of address, or a personal identification document, who provides

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an identification document with such application, that demonstrates United States citizenship and

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who is of sufficient age to register to vote. Submission of such a document shall be considered a

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certification of citizenship, pursuant to § 17-9.1-11.

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     (2) Each such applicant's name, residence address, mailing address, if different from their

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residence address, date of birth, and registrant's signature and date of affixation of signature, and

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any other information requested by the secretary of state, shall be transmitted by the division of

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motor vehicles to the statewide central voter registration system, mandated pursuant to § 17-6-1.2,

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not later than the next business day after the date of acceptance of the provided information by the

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division of motor vehicles. Transmission shall be made by electronic means, as prescribed by the

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secretary of state, and shall be in an electronic form, compatible with the voter registration system

 

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maintained by the secretary of state. The secretary of state shall determine, upon receipt of such

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record, if the person is registered to vote at the address which appears on the electronic record and

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whether the person is a participant in the address confidentiality program set forth in §17-28-1. If

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the person is not a participant in the address confidentiality program and is not registered to vote at

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the address which appears in the electronic record, the secretary of state shall forward such

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electronic record to the local board of the city or town of the applicant's residence. If the person is

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a participant in the address confidentiality program, the secretary of state shall not forward the

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electronic record and shall process the information in a manner consistent with the address

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confidentiality program as set forth in chapter 28 of title 17. The secretary of state may adopt rules

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to facilitate the administration of voter registration under this section consistent with the address

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confidentiality program.

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     (3) Notice shall be sent by mail to each such applicant that the applicant shall be registered

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to vote or, if already registered, then the address on the registration record shall be updated. The

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notice shall include information on how the applicant may decline to become registered to vote or

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decline to update their registration address, and on how to affiliate with a political party or update

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their affiliation. Any applicant who does not so decline within fourteen (14) days of such mailing,

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shall be registered or the registration record shall be updated. The mailing required by this section,

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may be combined with the contents of an acknowledgement of registration or change of address,

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pursuant to § 17-9.1-25, and if so combined, shall serve as acknowledgement of registration or

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change of address, that shall be deemed to satisfy the requirements of § 17-9.1-25 if the recipient

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does not decline to register to vote or change their address within fourteen (14) days of such

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mailing. Any person who declines to register under this subsection, shall be removed from the

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central voter registration system and deemed not to have submitted an application to register to

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vote. The information transmitted pursuant to subsection (b)(2) of this section shall be deemed

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confidential and shall not be open to public inspection or copying or included on any public

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registration list, until after fourteen (14) days of such mailing.

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     (4) The division of motor vehicles may obtain information from the secretary of state

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regarding the voter registration status of persons applying for a driver’s license or renewal or

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change of address of it or a personal identification document. If the information from the secretary

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of state is available to the division of motor vehicles during the licensing transaction, and the

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information indicates that such applicant is on the active or inactive voter list, the applicant’s

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information shall be processed as a registration update by the division of motor vehicles and the

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secretary of state, under the procedures set forth in subsections (b)(2) and (b)(3) of this section

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whether or not the applicant satisfies the conditions of subsection (b)(1) of this section.

 

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     (5) The procedures set forth in subsections (b)(1) through (b)(4) of this section shall not

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apply to an applicant who is requesting or is renewing a license that contains the applicant's official

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business address, in lieu of a residence address, as provided in § 31-10-26(d). The division of motor

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vehicles shall provide such applicant with a voter registration opportunity, under the procedures set

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forth in subsection (c) of this section.

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     (b)(c) The division of motor vehicles shall identify each person applying for a driver's

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license or renewal of it or a personal identification document, who provides an identification

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document with such application, that does not demonstrate United States citizenship but does not

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demonstrate lack of United States citizenship, and who is of sufficient age to register to vote, and,

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except as provided in subsection (b)(4) of this section, shall provide such person with an application

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to register to vote under the procedures set forth in this subsection. The application to register to

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vote must be offered simultaneously with the application for the driver's license or renewal of it or

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personal identification document. Division of motor vehicles employees must provide to applicants

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for driver's licenses, license renewal, or personal identification documents the same level of

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assistance and instruction with respect to the application to register to vote as is provided with

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respect to the application for driver's licenses, renewal of the license, or personal identification

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documents; provided, that one signature may be sufficient on the application for driver's license,

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

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The applicant shall be afforded the opportunity to decline to certify their United States citizenship

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and choose to register to vote. If previously registered, the applicant shall be afforded the

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opportunity to change his or her address for voting purposes. In order to protect the privacy of those

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who do not wish to register to vote for any reason, the failure of an applicant for a driver's license

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or renewal of it or a personal identification document to register to vote may not be used for any

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purposes other than to determine the person's voter registration status.

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     (c)(d)(1) The voter registration application, pursuant to subsection (c) of this section, shall

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contain the registrant's name, residence address, mailing address if different from residence

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address, date of birth, and registrant's signature and date of affixation of signature, and may include

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any other information, certifications, and declarations, including those made under the penalty of

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perjury, that may be required by the state board in order to administer a single and unified system

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of voter registration in accordance with applicable state and federal laws that shall enable duly

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registered voters to vote in all elections in their respective voting districts including, elections for

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federal officers. The voter registration application must also include, in print identical to that used

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in the attestation portion of the form, the following:

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

 

LC004699 - Page 3 of 6

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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 office

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

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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 times 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)(e) The completed voter registration application, pursuant to subsection (c) of this

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section, shall be transmitted by the division of motor vehicles to the central voter registration

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system mandated pursuant to § 17-6-1.2 not later than the next business day after the date of

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acceptance by the division of motor vehicles. Transmission shall be made by electronic means as

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prescribed by the secretary of state, and shall be in an electronic form compatible with the voter

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registration system maintained by the secretary of state.

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

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at the division of motor vehicles or whose record has been transferred, pursuant to subsection (b)

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of this section, is presumed to be registered as of the date of the acceptance of the registration by

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the division of motor vehicles, subject to verification of the registration by the local board as

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provided in § 17-9.1-25.

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

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registration of any applicant under the procedures set forth in subsection (c) of this section who

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fails to certify that they are a citizen of the United States. Notwithstanding any other provision of

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law to the contrary, any applicant who provides an identification document that demonstrates a lack

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of United States citizenship or who affirms that the applicant is not a United States citizen, shall

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not be offered an opportunity to register to vote, and the division of motor vehicles shall not transfer

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the record of such applicant, pursuant to subsections (b) or (c) of this section.

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     (g)(h) 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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     (h)(i) The state board of elections shall have the authority to adopt regulations to implement

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

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motor vehicles.

 

LC004699 - Page 4 of 6

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     (i)(j)(1) In accordance with Section 7 of the National Voter Registration Act of 1993, 52

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U.S.C. § 20506, other Other applicable state, federal, local, or education government agencies that

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the secretary verifies already collect documents that would provide proof of eligibility, including

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age, citizenship, and residence address, may follow the procedures for automatic voter registration

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enumerated for the division of motor vehicles as described in subsections (b) through (d) (f) of this

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section, except that such agencies may verify citizenship by database matching or other means

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deemed reliable by the secretary of state, instead of verifying documents provided during a

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transaction.

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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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     (3) Any additional agency that collects sufficient information to register to vote multiple

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individuals through one application for service, shall follow the procedures described in subsections

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(b) through (f) of this section for each eligible individual on an application, except that each

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individual shall be provided with a notice pursuant to subsection (b)(3) of this section.

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     (k) Other applicable state, local, or education agencies that do not fall under subsection (j)

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of this section, but that the secretary of state verifies collect sufficient information to update the

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address on existing registration records, may follow the procedures for automatic voter registration,

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enumerated for the division of motor vehicles, as described in subsections (b) through (f) of this

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section, for address updates only.

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

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

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

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

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

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     SECTION 2. This act shall take effect upon passage.

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LC004699

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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 increase the role of the division of motor vehicles in the voter registration

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and address verification process, by establishing very specific obligations and responsibilities.

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     This act would take effect upon passage.

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LC004699

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