2009 -- S 0361

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LC01084

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO ELECTIONS - VOTER IDENTIFICATION

     Introduced By: Senators Raptakis, Cote, Maher, Sheehan, and Maselli

     Date Introduced: February 12, 2009

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-19-24 of the General Laws in Chapter 17-19 entitled "Conduct

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of Election and Voting Equipment, and Supplies" is hereby amended to read as follows:

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     17-19-24. Procedure for voting. -- (a) Each person desiring to vote shall provide proof

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of identification as required by section 17-19-24.2 and state his or her name and residence,

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including that person's street address, if he or she has any, to the pair of bi-partisan supervisors,

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who shall then announce the name and residence in a loud and distinct voice, clear and audible.

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      (b) A bipartisan pair shall locate the voter's name on the certified voting list for the

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voting district. Upon finding the voter's name on the certified voting list for the district, the voter

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shall sign their name on the line next to their printed name on the certified voter list, and the

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bipartisan pair shall initial the certified voter list in the place provided next to the voter's signature

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entered on the certified list of voters. The bipartisan pair shall also make a proper notation on the

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certified voter list that the applicant has voted in the election. If the bipartisan pair cannot locate

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the voter's name on the certified voting list for the voting district the bipartisan pair shall direct

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the voter to the clerk who shall review the certified list for the city or town and determine if the

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voter is registered to vote and in which voting district they are eligible to vote. The bipartisan pair

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of supervisors shall provide the voter with the appropriate computer ballot and security sleeve.

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The warden shall direct the voter to the voting booth which the voter shall use, and unless the

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voter needs instruction or assistance as provided in this chapter, the voter shall cast his or her

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vote, and if he or she desires place the voted computer ballot in a security sleeve, and shall

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proceed to the optical scan precinct count unit and shall personally place his or her voted ballot

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into the designated ballot slot on the unit, and after doing so, shall leave the enclosure at once. No

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voter shall remain within the voting booth longer than ten (10) minutes, and if the voter refuses to

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leave after the lapse of ten (10) minutes, the voter shall be removed from the voting booth by

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order of the warden. Except for the election officials and the election inspector, not more than two

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(2) voters in excess of the number of voting booths shall be permitted within the enclosed space

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at any time.

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      (c) The optical scan precinct count unit shall be programmed to return a ballot to the

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voter if the voter has cast votes for more persons than which he or she is entitled to cast. The

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warden, by reading the message given on the optical scan precinct count unit, must advise the

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voter of the fact that the ballot has been over-voted. The voter will be instructed by the warden to

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remove his or her own ballot from the optical scan precinct count unit ballot slot. The warden will

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then ask the voter to surrender the ballot as void and receive a new ballot. If the voter agrees, the

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voter will make additional marks on the ballot so as not to identify the actual votes intended by

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the voter for the ballot. The ballot will be marked void by the warden and deposited in the

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receptacle for void ballots provided at the polling place. If the voter insists on casting the over-

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voted ballot, he or she will be advised that all races, other than the over-voted race, will be

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counted by the optical scan precinct count unit, and if he or she still insists, the warden will

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manually override the appropriate control on the unit and allow for the ballot to be entered and

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counted for all races other than the over-voted race.

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      (d) In the event a voter incorrectly marks a ballot by indicating his or her choices other

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than in the spaces provided for them, the ballot will be returned to the voter. The warden, by

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reading the message given on the optical scan precinct count unit, must advise the voter of the

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fact that the ballot has been marked incorrectly. The voter will be instructed by the warden to

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remove his or her own ballot from the optical scan precinct unit ballot slot. The warden will then

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advise the voter to surrender the ballot as void and receive a new ballot. If the voter agrees, the

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voter will make additional marks on the ballot so as not to identify the actual votes intended by

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the voter for the ballot. The ballot will be marked void by the warden and deposited in the

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receptacle for void ballots provided at the polling place. The warden will then provide for the

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instruction of the voter on the correct manner of marking his or her vote and the voter will be

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issued a new ballot. If the voter insists on casting the incorrectly marked ballot, the warden will

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manually override the appropriate control on the optical scan precinct count unit and allow for the

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ballot to be accepted.

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     SECTION 2. Chapter 17-19 of the General Laws entitled "Conduct of Election and

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Voting Equipment, and Supplies" is hereby amended by adding thereto the following sections:

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     17-19-24.2. Voter Identification. – (a) Beginning on January 1, 2010, any person

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claiming to be a registered and eligible voter who desires to vote at a primary election, special

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election or general election shall provide proof of identity. For purposes of this section, proof of

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identity shall include:

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     (1) A valid and current document showing a photograph of the person to whom the

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document was issued, including without limitation:

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     (i) Rhode Island driver’s license;

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     (ii) Rhode Island voter identification card;

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     (iii) United States passport;

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     (iv) identification card issued by a United States educational institution;

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     (v) United States military identification card;

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     (vi) identification card issued by the United States or the State of Rhode Island;

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     (vii) debit or credit card.

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     (2) A valid and current document without a photograph of the person to whom the

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document was issued, including without limitation:

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     (i) birth certificate;

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     (ii) social security card;

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     (iii) medicare card.

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     (b) From and after January 1, 2012, any person claiming to be a registered and eligible

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voter who desires to vote at a primary election, special election or general election shall provide

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proof of identity listed in subdivisions (a)(1) and (2) above.

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     (c) No later than January 1, 2010, Rhode Island voter identification cards will be issued

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upon request, and at no expense to the voters, at locations and in accordance with procedures

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established by rules and regulations promulgated by the secretary of state. The purpose of this

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section is to provide voter identification cards to those voters who do not possess the

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identification listed in subdivision (a)(1) and (2) above.

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     (d) If the person claiming to be a registered and eligible voter is unable to provide proof

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of identity as required in subdivision (1) and (2) above, the person claiming to be a registered

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voter shall be allowed to vote a provisional ballot pursuant to section 17-19-24.2 upon completing

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a provisional ballot voter’s certificate and affirmation. The local board shall determine the

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validity of the provisional ballot pursuant to section 17-19-24.3.

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     17-19-24.3. Provisional Ballot Procedures. – (a) At all elections, a person claiming to

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be a registered and eligible voter, but who has failed to provide proof of identity pursuant to

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section 17-19-24.2 shall be allowed to vote a provisional ballot upon executing a provisional

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ballot voter’s certificate and affirmation. All provisional ballots, together with a provisional ballot

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voter’s certificate and affirmation, shall be placed in an envelope in the form prescribed by the

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state board and deposited in a ballot box.

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     (b) The local board shall examine each provisional ballot voter’s certificate and

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affirmation to determine if the signature matches the signature on the voter’s registration. If the

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local board determines that the signatures match, the provisional ballot shall count. If the local

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board determines that the signatures do not match, the provisional ballot shall not count and the

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ballot shall remain in the envelope containing the provisional ballot voter’s certificate and

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affirmation and the envelope shall be marked “Rejected as Illegal”.

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     (c) The provisional ballot voter’s certificate and affirmation shall be in substantially the

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following form:

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     STATE OF RHODE ISLAND

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     COUNTY OF ____________

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     I do solemnly swear (or affirm) that my name is ______________; that my date of birth

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is ____________; that I am registered and eligible to vote in ___________, Rhode Island ; that I

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am an eligible voter in the city/town of _________, Rhode Island; and that I have not voted in

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this election other than the provisional ballot. I understand that if I commit any fraud in

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connection with voting, vote a fraudulent ballot, or vote more than once in an election, I can be

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convicted of a felony and be imprisoned for a term of up to ten (10) years and/or fined not less

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than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both, for each

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offense.

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      Signature of Voter

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      Current Residence Address

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      Current Mailing Address

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      Social Security Number

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     Sworn to and subscribed, under penalties of perjury, before me this day of ,_____.

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      Signature of Election Officer

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     SECTION 3. This act shall take effect upon passage.

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LC01084

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS - VOTER IDENTIFICATION

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     This act would provide that, any person claiming to be a registered and eligible voter who

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desires to vote at a primary election, special election or general election, shall provide proof of

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identity. In the event such person fails to provide the required proof of identity, this act would

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provide that the person may vote a provisional ballot upon completing a provisional ballot voter’s

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certificate and affirmation and the local board shall determine the validity of the provisional

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ballot.

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     This act would take effect upon passage.

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LC01084

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