Introduced By: Senators Walsh, Sasso, Goodwin, Paiva Weed and Perry
Date Introduced : January 20, 1999
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:
{ADD 17-28-1. Purpose. -- ADD} {ADD The general assembly finds that persons attempting to escape from actual or threatened domestic violence frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable victims of domestic violence to participate in the electoral process by providing address confidentiality. ADD}
{ADD 17-28-2. Definitions. -- ADD} {ADD Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. ADD}
{ADD (a) "Address" means a residential street address, of an individual, as specified on the individual's application to be a program participant under this chapter. ADD}
{ADD (b) "Program participants" means a person certified as a program participant under 17-28-3. ADD}
{ADD (c) "Victim of domestic violence" means an individual who has a restraining order issued by the family, superior or district court pursuant to sections 15-15-1, 15-15-9 or 8-8.1-3 or a domestic violence no contact order issued by the superior or district court pursuant to 12-29-4 or a restraining order or no contact order issued by a court in another state for their protection. ADD}
{ADD 17-28-3. Address confidentiality program -- Application -- Certification. -- ADD} {ADD (a) An adult person who is a victim of domestic violence may apply to the secretary of state to have an address designated by the secretary of state serve as the person's address. The secretary of state shall approve an application if it is filed in the manner and on the form prescribed by the secretary of state and if it contains: ADD}
{ADD (1) A sworn statement by the applicant (i) that the applicant is a victim of domestic violence ADD} {ADDas defined in section 17-28-2 (c) of this chapter ADD} {ADD; and (ii) that the applicant fears for his or her safety or his or her children's safety. ADD}
{ADD (2) The mailing address where the applicant can be contacted by the secretary of state, and the phone number or numbers where the applicant can be called by the secretary of state; ADD}
{ADD (3) The new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence; ADD}
{ADD (4) The signature of the applicant and of any individual or representative of any office designated in writing under 17-28-6 who assisted in the preparation of the application, and the date on which the applicant signed the application. ADD}
{ADD (b) Applications shall be filed with the office of the secretary of state. ADD}
{ADD (c) Upon filing a properly completed application, the secretary of state shall certify the applicant as a program participant. Applicants shall be certified for four (4) years following the date of filing unless the certification is withdrawn or invalidated before that date. The secretary of state shall by rule establish a renewal procedure. ADD}
{ADD (d) A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or who knowingly provides false or incorrect information upon making an application, shall be punished by a fine of not more than five hundred dollars ($500). ADD}
{ADD 17-28-4. Certification cancellation. -- ADD} {ADD (a) If the program participant obtains a name change, he or she shall lose certification as a program participant. ADD}
{ADD (b) The secretary of state may cancel a program participant's certification if there is a change in the residential address from the one listed on the application, unless the program participant provides the secretary of state with seven (7) days' prior notice of the change of address. ADD}
{ADD (c) The secretary of state may cancel certification of a program participant if mail forwarded by the secretary to the secretary to the program participant's address is returned as nondeliverable. ADD}
{ADD (d) The secretary of state shall cancel certification of a program participant who applies using false information. ADD}
{ADD 17-28-5. Voting by program participant -- Use of designated address by board of canvassers. -- ADD} {ADD (a) A program participant qualified to vote may apply for a mail ballot for all elections in the city or town in which that individual resides in the same manner as mail ballot voters who qualify under 17-20-1 et seq. The program participant may use his or her designated address on the mail ballot application. The board of canvassers shall transmit the ballot to the program participant at the address designated in the application. Neither the name nor the address of a program participant shall be included in any list of registered voters available to the public. ADD}
{ADD (b) The board of canvassers may not make the participant's address contained in voter registration records available for public inspection or copying except under the following circumstances: ADD}
{ADD (1) If requested by a law enforcement agency, to the law enforcement agency; and ADD}
{ADD (2) If directed by a court order, to a person identified in the order. ADD}
{ADD 17-28-6. Disclosure of address prohibited -- Exceptions. -- ADD} {ADD The secretary of state may not make a program participant's address, other than the address designated by the secretary of state, available for inspection or copying, except under the following circumstances: ADD}
{ADD (a) If requested by a law enforcement agency, to the law enforcement agency; ADD}
{ADD (b) If directed by a court order, to a person identified in the order; and ADD}
{ADD (c) If certification has been canceled. ADD}
{ADD 17-28-7. Assistance for program applicants. -- ADD} {ADD The secretary of state shall designate state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic violence to assist persons applying to be program participants. Any assistance and counseling rendered by the office of the secretary of state or its designee to applicants shall in no way be construed as legal advice. ADD}
{ADD 17-28-8. Adoption of rules. -- ADD} {ADD The secretary
of state and board of elections ADD} {DEL may DEL} {ADD shall ADD} {ADD adopt rules to facilitate
the administration of this chapter by state and local agencies
and boards of canvassers. ADD}
SECTION 2. This act shall take effect upon passage.
