Chapter 476

2006 -- H 7938

Enacted 07/07/06

A N A C T

RELATING TO ELECTIONS

Introduced By: Representatives Almeida, Williams, Ajello, Diaz, and Slater

Date Introduced: March 28, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by

adding thereto the following chapter:

CHAPTER 9.2

RHODE ISLAND RESTORATION OF VOTING RIGHTS ACT

17-9.2-1. Title. – This chapter may be cited as the "Rhode Island Restoration of Voting

Rights Act."

17-9.2-2. Findings and purpose. – (a) Findings – The legislature finds that:

(1) Voting is both a fundamental right and a civic duty. Restoring the right to vote

strengthens our democracy by increasing voter participation and helps people who have

completed their incarceration to reintegrate into society. Voting is an essential part of reassuming

the duties of full citizenship.

(2) Rhode Island is the only state in New England that denies the vote to people

convicted of felonies, not only while they are in prison, but also while they are living in the

community under the supervision of parole or probation officials.

(3) As a result of this extended disfranchisement, Rhode Island deprives a greater

proportion of its residents of voting rights than any other state in the region. More than fifteen

thousand five hundred (15,500) Rhode Islanders have lost the right to vote because of a felony

conviction. Of these, eighty-six percent (86%) are not in prison, they have either been released or

their convictions did not result in actual incarceration. Rhode Island has the second highest rate of

people on probation in the nation.

(4) Criminal disfranchisement in Rhode Island has a disproportionate impact on minority

communities. The rate of disfranchisement of African American voters is more than six (6) times

the statewide rate. Hispanics lose the vote at more than 2.5 times the statewide average. One in

five (5) black men and one in eleven (11) Hispanic men are barred from voting in Rhode Island.

By denying so many the right to vote, criminal disfranchisement laws dilute the political power of

entire minority communities. Because these communities are concentrated in cities, the urban

vote is also suppressed, with the rate of disfranchisement in urban areas 3.5 times the rate in the

rest of the state.

(5) Extending disfranchisement beyond a person's term of incarceration complicates the

process of restoring the right to vote. Under current law, a person may regain that right when

released from incarceration if no parole follows, when discharged from parole, or when probation

is completed. This system requires the involvement of many government agencies in the

restoration process. This bill would simplify restoration by making people eligible to vote once

they have served their time in prison, thereby concentrating in the department of corrections the

responsibility for initiating restoration of voting rights. A streamlined restoration process

conserves government resources and saves taxpayer dollars.

(b) Purpose – The purposes of this act are to strengthen democratic institutions by

increasing participation in the voting process, to help people who have completed prison

sentences to become productive members of society, and to streamline procedures for restoring

their right to vote.

17-9.2-3. Restoration of voting rights. – (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.

(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 section 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

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.

     SECTION 2. Section 8-15-8 of the General Laws in Chapter 8-15 entitled "Court

Administration" is hereby repealed.

8-15-8. Report of felony sentencing to secretary of state. -- The court administrator

appointed pursuant to section 8-15-4 shall notify the secretary of state of any person who is

serving a sentence, including probation or parole, for which the person was imprisoned upon final

conviction of a felony imposed on any date or who is serving any sentence, whether incarcerated

or suspended, on probation or parole, upon final conviction of a felony committed after

November 5, 1986.

     SECTION 3. Section 17-6-1 of the General Laws in Chapter 17-6 entitled "Secretary of

State" is hereby amended to read as follows:

17-6-1. General powers and duties. -- (a) The secretary of state shall have those

functions, powers, and duties relating to elections that may be provided by this title or any other

law not inconsistent with this chapter. The secretary of state shall maintain a central roster of all

elected and appointed officers of the state, including for each officer the nature of the officer's

tenure and the date of expiration of the officer's term of office. The secretary of state shall

maintain a central register of all persons registered to vote in the several cities and towns and

shall add, amend, delete, and cancel any names appearing on the register as certified to the

secretary by the several local boards and by the state board. The secretary of state shall remove

from the central register the name of any person upon being notified by the court administrator

that the person is serving a sentence, including probation or parole, for which that person was

imprisoned upon a final conviction of a felony imposed on any date or is serving a sentence,

whether incarcerated or suspended, on probation or parole, upon final conviction of a felony

committed after November 5, 1986.

      (b) The secretary of state may compile and publish a complete edition of the election

law, which the secretary shall make available to all election officials and candidates upon request,

and without charge. The secretary of state shall receive and file certificates of election results as

provided by this title.

     SECTION 4. Section 17-9.1-8 of the General Laws in Chapter 17-9.1 entitled

"Registration of Voters" is hereby amended to read as follows:

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 being discharged from

incarceration or 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 or through the department of corrections; and

(4) (5) 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.

      (c) (1) Persons must be provided this opportunity to register to vote not only at the time

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 or on discharge from incarceration.

      (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"; or, for those forms made available by the

department of corrections. "Applying to register or declining to register to vote will not affect

your discharge from incarceration";

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

register to vote at this time." (with "yes" and "no" boxes being provided);

      (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

register to vote, your right to privacy in deciding whether to register or in applying to register 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) The department of corrections and each 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 or the number of persons

discharged from incarceration following felony convictions who are eligible to vote;

      (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.

     SECTION 5. This act shall take effect upon ratification of a constitutional amendment

entitled "JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE

ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION

(ELECTIONS)."

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LC02812

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