2021 -- S 0799

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO ELECTIONS - REGISTRATION OF VOTERS

     Introduced By: Senators Cano, Quezada, Kallman, Valverde, Lawson, DiPalma, Pearson,
and Euer

     Date Introduced: April 08, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-9.1-7 of the General Laws in Chapter 17-9.1 entitled "Registration

of Voters" is hereby amended to read as follows:

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

     (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 registered to vote, or

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

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

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

document with such application, that demonstrates United States citizenship and who is of

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

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

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

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

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

vehicles to the central voter registration system, mandated pursuant to § 17-6-1.2, not later than the

next business day after the date of acceptance of the provided information by the division of motor

vehicles. 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. The secretary of state shall determine, upon receipt of such record, if the person

is registered to vote at the address which appears on the electronic record, and if not, forward such

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

     (3) The local board shall send by mail to each such applicant, a notice that the applicant

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

be updated. The notice shall include information on how the applicant may decline to become

registered to vote or decline to update their registration address. Any applicant who does not so

decline within fourteen (14) days of such mailing, shall be registered or the registration record shall

be updated. The mailing required by this section, may be combined with an acknowledgement of

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

acknowledgement of registration or change of address if the recipient does not decline to register

to vote within fourteen (14) days of such mailing. Any person who declines to register under this

subsection, shall be removed from the central voter registration system and deemed not to have

submitted an application to register to vote.

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

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

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

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

shall provide such person with an application to register to vote. 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 one signature may be sufficient on the application for driver's license,

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

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

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

opportunity to change his or her address for voting purposes. In order to protect the privacy of 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 register to vote may not be used for any

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

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

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

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 that 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 times a sufficient number of voter registration forms in order to carry out the

provisions of this section.

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

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

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

acceptance by the division of motor vehicles. 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.

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

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

of this section, 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 local board as

provided in § 17-9.1-25.

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

registration of any applicant who fails to certify that they are a citizen of the United States or

provide an identification document that demonstrates citizenship. Any applicant who provides an

identification document that demonstrates a lack of United States citizenship, shall not be offered

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

such applicant, pursuant to subsection (b) of this section.

     (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

deemed attributable to or the fault of that person. Notwithstanding the foregoing, anyone who

knowingly and willfully provides false information pursuant to this section shall be subject to

prosecution under § 17-9.1-12.

     (h)(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 the division of

motor vehicles.

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

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

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

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

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

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

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

     (2) Any additional agencies that are designated for automatic registration must follow the

rules and protocols established in this section for the division of motor vehicles.

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

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

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

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

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

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

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

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

section for address updates only.

     (l) The documents supplied to the division of motor vehicles and other state, local or

education agencies, pursuant to this section, are protected and shall not be provided or disclosed,

for any reason, to the federal government and any of its agencies.

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

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

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

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

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

     SECTION 2. This act shall take effect upon passage.

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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

and address verification process, by establishing very specific obligations. It would also protect

from disclosure to the federal government, any documents produced, pursuant to these new voter

registration procedures.

     This act would take effect upon passage.

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