Chapter 204

2005 -- H 5754 SUBSTITUTE A

Enacted 07/08/05

A N A C T

RELATING TO ELECTIONS -- REGISTRATION OF VOTERS

Introduced By: Representatives Lewiss, Kennedy, San Bento, Ginaitt, and Jacquard

Date Introduced: February 17, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Sections 17-9.1-7 and 17-9.1-8 of the General Laws in Chapter 17-9.1

entitled "Registration of Voters" are hereby amended to read as follows:

17-9.1-7. Registration at the division of motor vehicles. -- (a) Every person applying at

the division of motor vehicles for a driver's license or a renewal of the license, or personal

identification document issued by the division of motor vehicles, and who is or may be by the

next general election qualified to vote, shall be afforded the opportunity to register to vote, or if

previously registered, to change their address for voting purposes.

(b) The application to register to vote must be offered simultaneously with the

application for the driver's license or renewal of it or personal identification document. Division

of motor vehicles employees must provide to applicants for driver's licenses, license renewal, or

personal identification documents the same level of assistance and instruction with respect to the

application to register to vote as is provided with respect to the application for driver's licenses,

renewal of the license, or personal identification documents; provided, that separate signatures

shall be required on the application for driver's license, renewal of the license, or personal

identification document and the application to register to vote. The applicant may decline to

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

license or renewal of it or a personal identification document to sign the voter registration form

may not be used for any purposes other than to determine the person's voter registration status.

address, mailing address if different from 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.

The voter registration application must also include, in print identical to that used in the

attestation portion of the form, the following:

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

(ii) A statement that, if the applicant declines to register to vote, his or her decision will

remain confidential and be used only for voter registration purposes; and

(iii) A statement that, if the applicant does register to vote, information regarding the

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

remain confidential, to be used only for voter registration purposes.

(2) It shall be the responsibility of the division of motor vehicles to print and to have

available at all time a sufficient number of voter registration forms in order to carry out the

provisions of this section.

(d) The completed voter registration application shall be transmitted by the division of

motor vehicles to the ~~state board or any local board~~ central voter registration system mandated

pursuant to section 17-6-1.2 not later than ~~ten (10) days~~ the next business day after the date of

acceptance by the division of motor vehicles. ~~However, if the acceptance occurs on the last day to~~

~~register to vote or within five (5) days preceding that date, the application shall be transmitted to~~

~~the state board or any local board not later than five (5) days after the date of acceptance.~~

Transmission shall be made by electronic means as prescribed by the secretary of state, and shall

be in an electronic form compatible with the voter registration system maintained by the secretary

of state. For each registration electronically transmitted, a hard copy will be provided to the

appropriate local board of canvassers.

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

the division of motor vehicles is presumed to be registered as of the date of the acceptance of the

registration by the division of motor vehicles, subject to verification of the registration by the

~~state board or any~~ local board as provided in section 17-9.1-25.

(f) The state board of elections shall have the authority to adopt regulations to implement

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

motor vehicles.

17-9.1-8. Registration at designated agencies. -- (a) Every person who is or may be by

the next general election qualified to vote may register to vote when applying for services or

assistance at any of the following offices:

(1) Any office in the state that provides public assistance;

(2) At or through any offices in the state that provide state funded programs primarily

engaged in providing services to persons with disabilities;

(3) At armed forces recruitment offices, subject to procedures developed by the state

board in cooperation with the United States Department of Defense; and

(4) At any other agencies within the state that shall be determined by the state board.

(b) Voter registration agencies designated by the state board may include, but are not

limited to:

(1) State or local government offices such as public libraries, public schools, offices of

city and towns clerks (including marriage license bureaus), fishing and hunting license bureaus,

government revenue offices, unemployment compensation offices, and offices not described in

subdivision (a)(2) of this section that provide services to persons with disabilities; and

(2) Federal and nongovernmental offices, with the agreement of those offices.

of their original application for services, but also when filing any recertification, renewal, or for a

change of address relating to those services. Agencies providing voter registration assistance must

offer the same degree of assistance to individuals in completing a voter registration form as they

offer to individuals in completing the agency's own forms, unless the applicant refuses the

assistance.

(2) Any person who provides voter registration assistance services in an agency is

prohibited from:

(i) Seeking to influence an applicant's party preference or party registration;

(ii) Displaying any political preference or party allegiance;

(iii) Making any statement or taking any action whose purpose or effect is to discourage

the applicant from registering to vote; or

(iv) Making any statement or taking any action whose purpose or effect is to lead the

applicant to believe that a decision whether or not to register has any bearing on the availability

of services or benefits.

(d) (1) Those who decline to register to vote must do so in writing or by failing to check

a box on a form containing the question: "If you are not registered to vote where you live now,

would you like to apply to register to vote here today? yes or no".

(2) The declination may be included in the agency application for services or on a

separate form provided by the agency, subject to rules and regulations to be adopted by the state

board.

(3) No information regarding a person's declination to register to vote may be used for

any purpose other than voter registration. If an individual does register to vote, the particular

agency at which the applicant submits a voter registration application may not be publicly

disclosed.

(4) The declination form to be used at agencies providing public or publicly funded

assistance shall also contain the following statements and information:

(i) "Applying to register or declining to register to vote will not affect the amount of

assistance that you will be provided by this agency";

(ii) "If you do not check either box, you will be considered to have decided not to

(iii) "If you would like help filling out the voter registration application form, we will

help you. The decision whether to seek or accept help is yours. You may fill out the application

form in private";

(iv) "If you believe that someone has interfered with your right to register or to decline to

vote, or your right to choose your own political party or other political preference, you may file a

complaint with the State Board of Elections, 50 Branch Avenue, Providence, Rhode Island

02904, (401) 222-2345, (401) 222-2239 TDD";

(v) A statement that if the applicant declines to register to vote, that his or her decision

will remain confidential and be used only for voter registration purposes; and

(vi) A statement that if the applicant does register to vote, information regarding the

agency to which the application was submitted will remain confidential, to be used only for voter

registration purposes.

(e) (1) The registration form to be provided in these agencies shall be the mail

registration form adopted by the state board. Unless the registrant refuses to permit the agency to

transmit the form to the state board or local board where the applicant resides, the agency shall

transmit the completed registration form to the state board or any local board. However, if the

registrant refuses, the registrant may either mail the form to the state board or any local board or

may provide for delivery of the form to the state board or any local board either in person or

through a third party. It shall be the responsibility of all state or state funded agencies to have

available at all times a sufficient number of voter registration forms in order to carry out the

provisions of this section.

(2) Unless the applicant refuses to permit the agency to transmit the completed voter

registration form to the state board or to a local board, the agency shall be required to transmit the

registration form within ten (10) days after acceptance, or if accepted on the last day or within

five (5) days before the last day to register for an election, within five (5) days of acceptance.

(f) Each agency designated by the board to register persons to vote when applying for

services or assistance shall report to the state board:

(1) The number of persons applying for services and assistance;

(2) The number of persons who have been registered to vote at that agency;

(3) The number of forms that have been transmitted by the agency to the state or local

board; and

(4) The number of persons who have declined to register to vote at that agency. Reports

to the state board by each designated agency shall be on a quarterly basis.

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

at a designated agency is presumed to be registered as of the date of the acceptance of the

registration by the designated agency, subject to verification of the registration by the state board

or any local board as provided in section 17-9.1-25.

(h) If a voter registration agency which is primarily engaged in providing services to

persons with disabilities provides those services at the person's home, the agency shall provide

the voter registration services authorized by this section at the person's home.

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

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

agencies.

(j) In cases where the findings required by subdivision 17-6-1.2(a)(4) have been made,

transmission shall be made by electronic means as prescribed by the secretary of state, and shall

be in an electronic form compatible with the voter registration system maintained by the secretary

of state.

SECTION 2. This act shall take effect upon passage.

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LC02185/SUB A

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