It is enacted by the General Assembly as follows:
SECTION 1. Section 17-1-2.1 of the General Laws in Chapter 17-1 entitled "General Provisions" is hereby amended to read as follows:
{ADD 17-1-2.1. Signature identification. -- ADD} For the purpose of assisting registrars and other persons in identifying a voter's signature, whenever in this title and whenever under any home rule charter enacted pursuant to article XIII, section 1. of the Constitution of the state of Rhode Island, a voter's signature shall be required, space shall be provided and so labelled for the voter to print his or her legal name. However, failure of the voter to print his or her name shall not invalidate the signature {ADD if otherwise legible. ADD} This section shall not apply to the original voter's registration form and other forms where the name of the voter is typed and/or printed {DEL by the registrar DEL}.
SECTION 2. Sections 17-1-3.2, 17-1-3.3, 17-1-3.4, 17-1-3.5, and 17-1-4 of chapter 17-1 of the general laws entitled "General Provisions" are hereby repealed in their entirety.
{DEL 17-1-3.2. DEL} {DEL Identification of voter at time of registration. -- DEL} {DEL No registration or change of residence for voting purposes shall be accepted by a voter registrar after July 1, 1983, unless the registrar is presented with at least one (1) of the forms of identification listed in section 17-1-3.1 showing that the prospective voter resides at the address from which that person wishes to vote. The registrar shall list on the registration form or the transfer of registration form, in a place to be provided thereon, the one form of identification which has been presented. If a person wishing to register to vote lacks one of the forms of identification listed in section 17-1-3.1, he or she must submit to the board of canvassers of the appropriate city or town such alternative proof of residence as the board finds adequate to satisfy standards to be promulgated by the state board of elections. Upon receipt of the proof of residence, that person shall be registered to vote by a member of the board of canvassers. The alternative proof of residency provided by the registrant shall be recorded on the registration form or the transfer of registration form. DEL}
{DEL 17-1-3.3. DEL} {DEL Verification of residence. -- DEL} {DEL (a) The board of canvassers of each city and town shall mail a card to each newly registered voter and to each voter who changes his or her voting residence within seven (7) days after registration or change of residence. Every voter registrar shall instruct each person whom he or she registers that a card will be sent to the address from which the person registered, and that if it is not received, he or she should notify the board of canvassers forthwith. The card shall be mailed to the elector at the address from which he or she has registered and shall be clearly marked "do not forward".
(b) The postal card shall be substantially in the following form, viz.: DEL}
{DEL Front side DEL}
{DEL Board of Canvassers DEL} {DEL 14 cents DEL} {DEL Address of Board of Canvassers DEL} {DEL Postage DEL} {DEL for the city or town in which DEL} {DEL the elector registered DEL} {DEL ADDRESS CORRECTION REQUESTED DEL} {DEL RETURN POSTAGE GUARANTEED DEL} {DEL DO NOT FORWARD DEL} ____________________________
{DEL Voter's Name DEL} {DEL Voter's Address DEL} _________________________________________ {DEL Reverse Side DEL} _________________________________________
{DEL Dear Registered Voter: DEL}
{DEL This card has been mailed to you for the purpose of verifying your residence address for voting purposes.
Your registration to vote will be cancelled if you do not vote at least once within five calendar years.
Your receipt of this card constitutes verification of your residence address for voting purposes and no further action on your part is required at this time.
If this card is addressed to a person who does not live at this address, please ask your mail carrier to return it to the sender. Thank you for your assistance.
{DEL (c) Such postal cards as are returned as undeliverable to the board of canvassers shall then be reviewed to verify that the address was correctly printed on the card. All cards returned as undeliverable shall be attached to the registration card and maintained as a record of the board.
(d) The board of canvassers shall not permit any voter whose card has been returned by the postal authorities as undeliverable to vote until it receives satisfactory proof of residency. This provision shall apply to all registrations or changes of residence filed with a board of canvassers after July 1, 1985. DEL}
{DEL 17-1-3.4. DEL} {DEL Procedure on challenge of registration. -- DEL} {DEL (A) At any time up to twenty (20) days prior to an election, any elector may challenge the registration of any registered voter by submitting to the local board an affidavit prescribed by the state board of elections in accordance with rules and regulations promulgated by the board stating the voter is not eligible to vote and setting forth evidence which would create a reasonable cause to suspect that the challenged voter is not in fact eligible. The local board, upon receipt of the affidavit and upon finding that the affidavit establishes reasonable cause, shall cause to be mailed by certified mail a notification of the challenge to the challenged voter, at his or her registered address. The return of the notice, or acknowledgment of its receipt, may be admitted as evidence at the hearing. The challenged voter shall appear before the local board at a time and place to be determined by the local board. The objector shall also be notified of the hearing. If the board finds that the affidavit does set forth reasonable cause to suspect that the challenged voter is not eligible, the voter, upon taking the following oath or affirmation, shall answer pertinent questions as hereinafter provided, and any other questions necessary to establish his or her eligibility.
(B) The oath or affirmation shall be as follows: "You do voluntarily swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and eligibility as an elector."
(C) There shall then be asked of him or her by the local board those of the following questions which are appropriate to test his or her eligibility:
(1) If challenged as ineligible on the ground that he or she is not a citizen: Where were you born? If you were not born in the United States, when and where were you naturalized as a United States citizen?
(2) If challenged as ineligible on the ground that he or she has not resided in this state for thirty (30) days immediately preceding the election:
(a) How long have you resided in this state immediately preceding your registration?
(b) Have you been absent from this state within the thirty (30) days immediately preceding this election? If yes, then:
(c) When you left, did you leave for a temporary purpose, with the intent of returning, or for the purpose of remaining away?
(d) What state or territory did you regard as your residence while absent?
(e) Did you, while absent, vote in any other state or territory?
(3) If challenged as ineligible on the ground that he or she is not a resident of the district where seeking to vote:
(a) When did you last come into this district?
(b) Did you come for a temporary purpose only, or for the purpose of making it your residence?
(c) Did you come into this district solely for the purpose of voting here?
(d) Have you now and have you had for the last thirty (30) days a voting residence in this district? If so, what is the particular description, name, and location of your residence?
(e) If the answer to subdivision (d) is no, then: Have you moved from the district after registering?
(f) Have you registered to vote at any other place within or outside this state?
(g) Have you applied for an absentee ballot at any place in this or any other state?
(h) What is the address furnished to the registry of motor vehicles for your operator's license?
(i) What is the address from which your motor vehicle is registered?
(j) What is the address from which you filed your last federal income tax return?
(k) What is the address from which you filed your last state income tax return?
(l) What is the address furnished to the companies from which you have obtained retail credit cards?
(m) What is the address furnished to the financial institutions where you maintain accounts?
(n) What is the address furnished to the tax collector and/or assessor in those communities where you own taxable real or personal property for the purpose of notification to you?
(o) What is the address furnished to the insurance companies with which you maintain policies?
(p) What is the address furnished to your employer?
(q) What is the address furnished by you to any business, professional, union, or fraternal organizations of which you are a member?
(r) What is the address furnished to governmental agencies with which you have contact?
(4) If challenged as ineligible on the ground that the registrant is under eighteen (18) years of age: What is your date of birth?
(5) If challenged as ineligible on the ground the registrant has been finally convicted of a felony and has not been subsequently restored to civil rights:
(a) Have you ever been tried or convicted in this state or any other state of any crime? If yes, then:
(b) Of what crime, when, and in what court were you so convicted?
(c) Have you in any manner since the conviction been restored to civil rights, and if yes, how?
(6) The local board shall ask the challenged person any other or further questions to test his or her eligibility as an elector which the board deems relevant.
(D) If the local board determines that the voter is not eligible to vote, it shall remove the name of the voter from the registration list. DEL}
{DEL 17-1-3.5. DEL} {DEL Penalty for unsubstantiated challenge. -- DEL} {DEL Every person who shall wilfully and maliciously challenge the registration of a voter without reasonable cause to suspect that that voter is not qualified shall be guilty of a misdemeanor and shall, in addition thereto, be liable to the challenged voter for compensatory and punitive damages as well as for his or her counsel fees. The mere fact that a challenge was not sustained by the board shall not give rise to any civil or criminal liability of the objector. DEL}
{DEL 17-1-4. DEL} {DEL Appeal of ruling by board of canvassers. -- DEL} {DEL Notwithstanding any provision of the general laws to the contrary, all appeals from decisions rendered by the boards of canvassers of the various cities and towns regarding the eligibility of a person to vote shall be to the state board of elections. DEL}
SECTION 3. Chapter 17-9 of the general laws entitled "Registration of Voters" is hereby repealed in its entirety.
{DEL 17-9-1. DEL} {DEL Registration required to vote. -- DEL} {DEL No person shall be a qualified voter at any election, unless that person shall be registered under the authority of this chapter, or pursuant to any other provision of this title. DEL}
{DEL 17-9-2. DEL} {DEL Duty of state board to furnish forms and aid in establishing registration systems. -- DEL} {DEL It shall be the duty of the state board to prescribe the style, color, quality, and dimensions of all registration forms, containers and other equipment required to provide for the permanent registration of voters, and for filing and safekeeping of the registration forms, and it shall furnish a sufficient quantity thereof to the several cities and towns. It shall also be the duty of the state board to furnish the several cities and towns with such special professional assistance as may be necessary to assure the proper installation and servicing of the equipment. DEL}
{DEL 17-9-2.1. DEL} {DEL Duplicate voter registration information. -- DEL} {DEL Any local board may adopt an alternative form and means for obtaining and retaining duplicate voter registration information which is approved by the state board of elections. The form shall provide for the information required by sections 17-9-6 and 17-9-11 (3) and shall be kept in the order specified by sections 17-9-13 and 17-9-14. The alternative form need not be of a distinctive color, provided however that the alternative form is substantially different in size and shape from the card designated the original under the provisions of section 17-9-6. The alternative form also need not provide for a signature as specified by section 17-9-8. DEL}
{DEL 17-9-3. DEL} {DEL Periods when boards receive registrations. -- DEL} {DEL The local boards shall open their respective offices for the purpose of receiving registrations of voters throughout the year during regular business hours. Registration for any election shall close on the thirtieth day preceding an election; provided, however, that local boards shall not receive the registrations on Sundays or legal holidays, and may receive the registrations during additional hours each day from the fortieth, to the thirtieth day before any election provided, however, that nothing contained herein shall be construed as restricting the right of statewide or local registration agents or members of the general assembly to accept registrations of voters on any day. The acceptance of registrations at any other time shall not affect the validity of any election.
Notwithstanding any other sections of the general laws to the contrary, all local boards of canvassers shall remain open from eight-thirty (8:30) a.m. until four o'clock (4:00) p.m. on the last day prescribed by law for the taking of voter registrations to permit participation of the voters in the next succeeding election, notwithstanding that the last day may be a Saturday; provided, however, a local board may remain open on the last day which falls on a Saturday prior to a local or special election only from one o'clock (1:00) p.m. until four o'clock (4:00) p.m. DEL}
{DEL 17-9-4. DEL} {DEL Evening registration meetings -- Large cities and towns . -- DEL} {DEL The local boards in cities and towns of more than thirty thousand (30,000) population as determined by the last federal census shall between the first day of April and the thirty-first day of August in each even-numbered year, on such dates as they may severally designate, hold at least two (2) evening registration meetings of at least two (2) hours duration in each ward in the case of cities and in each voting district in the case of towns for the purpose of receiving registrations. The boards shall advertise each meeting in one or more newspapers having general circulation in their respective cities or towns at least one day prior to each meeting. DEL}
{DEL 17-9-4.1. DEL} {DEL Registration drives at high schools. -- DEL} {DEL It shall be the duty of local boards to annually conduct a voter registration drive at each high school within the city or town in cooperation with the administration of the schools. Each principal of every public or private high school and director of each vocational school in this state may be a registration agent whose authority shall be limited to receiving and accepting registrations as electors from those qualified applicants who are enrolled as students within the school or are employed within the school. The principal or director may designate one or more persons in the school to serve as registration agents with the same authority as the principal of the school, provided each designation is filed with the local board for the city or town in which the school is located. Each person who is a registration agent pursuant to this section shall be sworn to the faithful performance of his or her duties and shall be subject to removal as a registration agent by the local board for cause shown. All registrations made under this section shall be made in accordance with rules and regulations established by the local board of the city or town in which the school is located. DEL}
{DEL 17-9-4.2. DEL} {DEL Evening registration meetings -- Cities and towns. -- DEL} {DEL The local boards in cities and towns of thirty thousand (30,000) or less population as determined by the last federal census shall between the first day of April and the thirty-first day of August in each even-numbered year, on such dates as they may severally designate, hold a total of six (6) evening registration meetings of at least two (2) hours duration at their office for the purpose of receiving registrations. The boards shall advertise each meeting in one or more newspapers having general circulation in their respective cities or towns at least one day prior to each meeting. DEL}
{DEL 17-9-5. DEL} {DEL Local registration agents. -- DEL} {DEL (a) The several local boards shall appoint a sufficient number of agents who shall serve throughout each year for the purpose of receiving registrations of persons residing in the city or town in which the agent was appointed to act. Such agents shall be sworn to the faithful performance of their duties, shall be subject to removal by the local board and shall have power to accept registrations on Sundays and at any other time or place designated by the local board, whether in or out of the presence of the members of the local board. In addition, all members of the general assembly shall have the power to accept registrations on Sundays and any other day, and the local boards of canvassers shall provide all registration forms to the general assembly members.
(b) The several local boards or their agents shall additionally hold a special registration session in any factory, mill, wholesale or retail or other employing establishment or hospital, home for aged or convalescent home within their city or town in the even-numbered years on or before July 5th for the state primary, and on or before August 5th for the state election, if in the case of the primary a request for the special registration session is made during the months of May or June, and in the case of the election a request for the special registration is made during the months of June and July by ten (10) or more voters of the city or town filing a petition with the local board for the holding of a special registration session in the factory, mill, wholesale or retail or other employing establishment or hospital, home for aged or convalescent home, signed by them with their names and addresses as they appear on voting lists of the city or town, and stating that ten (10) or more persons employed in the factory, mill, wholesale or retail or other employing establishment or that ten (10) or more persons in the hospital, home for aged or convalescent home desire and are entitled to be registered in the city or town. The special registration session shall then be held if, at the time the petition is filed the local board is in receipt of permission in writing from the tenant, or, if there is no tenant, from the owner of the factory, mill, wholesale or retail or other employing establishment or the operator of the hospital, home for aged or convalescent home to use their premises for the purpose of holding the special session. DEL}
{DEL 17-9-5.1. DEL} {DEL State-wide registration agents. -- DEL} {DEL The state board of elections shall appoint a sufficient number of agents who shall serve throughout the year to perform the duties assigned to them by section 17-7-5 and such other duties as may be assigned them by the board. Each registrar who performs his or her duties faithfully and completely and who attends an annual training session which includes a presentation on changes to the election laws during the previous year shall be automatically reappointed as a registration agent. DEL}
{DEL 17-9-5.2. DEL} {DEL Qualifications and jurisdiction of registration agents. -- DEL} {DEL No registration agent, whether appointed by a local board, by the state board, or empowered by law, shall be authorized to accept registrations outside of the state of Rhode Island, and all the registration agents shall themselves be registered to vote in the state of Rhode Island. DEL}
{DEL 17-9-6. Form of registration cards. -- DEL} {DEL Registration forms shall consist of five (5) sets of cards, each set to be of a distinctive color and of a size adequate to contain the information required by the provisions of this chapter, one of the cards to be designated as the original and the four (4) others to be designated as duplicates. The forms shall be ruled with appropriate spaces and headings to indicate date of registration, name and address where registrant resides, place and date of birth, when registrant last came to reside within the state, when registrant last came to reside within the city or town, last prior residence outside city or town, appropriate data relative to naturalization, and a certification that the registrant has not been lawfully adjudicated non compos mentis. In addition, the forms shall require the registrant to certify that he/she is neither serving a sentence, including probation or parole, for which he/she was imprisoned, upon final conviction of a felony imposed on any date nor serving any sentence, whether incarcerated or suspended, on probation or parole, upon final conviction of a felony committed after November 5, 1986. Provision shall also be made on the cards for recording the fact that a registered voter has voted at an election, and the date thereof and also for recording the fact that a registered voter has signed caucus, primary, or final nomination papers, and also, for recording such information described in sections 17-9-26 and 17-9-27 as the registrant may wish to record. Provisions shall also be made on the cards for recording which forms of identification showing the person's residency were presented to the voter registrar as provided for in section 17-1-3.2 of the general laws. Provisions shall also be made on the cards for showing subsequent changes in address. The original and duplicate cards shall also contain a line for the signature of the registrant and above the signature on the original and three (3) of the duplicate cards the following certificate: "I declare under penalty of perjury that all of the information I have provided on this form is true and correct to the best of my knowledge." The cards shall have appropriate spaces for recording the ward, senatorial district, representative district, and voting district designation of the registrant, which information shall be provided by the local board or any duly authorized agent thereof. The form shall also make provision for the cancellation and transfer of a voter's registration pursuant to section 17-9-16, the change of a voter's name pursuant to section 17-9-18, and a voter's party designation pursuant to section 17-9-26. DEL}
{DEL 17-9-7. DEL} {DEL Method of registering -- Receipt required. -- DEL} {DEL (A) Whenever any person who is, or may be by the next election, qualified to vote, shall desire to register, that person shall appear before the local board of the city or town in which he or she has his or her residence, as defined in section 17-1-3.1 of the general laws, or before the clerk or other duly authorized agent of the board, or before a registrar appointed by the state board of elections and shall furnish the information required of him or her by this chapter and such information described in sections 17-9-26 and 17-9-27 as the registrant may wish to record and after the information has been recorded on the registry card furnished for that purpose, the person shall sign his or her name and thereby certify to the truth of the facts recorded in the appropriate spaces in the card; provided, however, whenever any person shall be unable to sign his or her name because of physical incapacity or otherwise he shall make his mark "(X)," which shall be witnessed by the person receiving his registration. DEL}
{DEL 17-9-8. DEL} {DEL Completion and signing of registration cards. -- DEL} {DEL The local board shall also cause the information so certified to be correctly recorded on the duplicate registration cards of distinctive colors to be signed by the registrant, which shall complete the registration. The local board shall cause one of the duplicate cards to be delivered forthwith to the secretary of state. Provided that any registration completed before the effective date of this act by the signing of an original registration card and the official registry book heretofore maintained shall be deemed to include the information and signature contained in the registry book and to be complete without the signing of duplicate registration cards. DEL}
{DEL 17-9-9. DEL} {DEL Proof of naturalization or derivative citizenship. -- DEL} {DEL (a) Before the name of any person shall be placed upon the voting list, if that person shall be of foreign birth, that person shall at the time of his registration furnish proof that he or she is a citizen of the United States and a record of proof shall be entered on the registration cards, and the entry or proof shall be prima facie evidence to the local board that the person is a citizen of the United States; and the person shall not thereafter be required to file the proof at any future registration in the city or town, and any entry heretofore made by the local board of the citizenship of any naturalized citizen shall be prima facie evidence of the citizenship. A certified copy of the entry when presented to the local board of any other city or town shall also be prima facie evidence of the citizenship.
(b) Every woman of foreign birth who shall claim citizenship through some other person, either by marriage or parentage, shall state at the time of her registration when and where the other person was born, and if the other person was naturalized, when, where, and by what court the other person was naturalized, and she shall file proof of such naturalization as may be necessary to establish her citizenship with the local board at least five (5) days before any meeting of the board of the town or city in which she claims the right to vote, and the proof shall be subject to the approval of the local board. DEL}
{DEL 17-9-10. DEL} {DEL Registration of shut-in voters. -- DEL} {DEL (a) Every person otherwise duly qualified to vote, who, by reason of illness or physical or mental disability is unable to register in person at the office of the local board, and desiring to register shall do so in the following manner:
(1) The person shall make application in writing to the local board in the city or town in which that person has his or her "residence", as defined in section 17-1-3.1 of the general laws, for the forms necessary for registration. The application must be accompanied by a certificate from a licensed physician or a christian science practitioner who is personally familiar with that person's medical condition stating the location of his or her medical offices, the date when the physician or practitioner last examined the person, and attesting that because of illness or disability, the person would be unable to register in person at the office of the local board.
(2) The local board shall proceed to furnish the applicant with a form upon which the person may provide the information necessary for registration.
(b) The following, in addition to any direction as may be printed, stamped, or written thereon by direction of the local board shall be substantially the form of affidavit to be subscribed to by the shut-in voter , viz: Affidavit of shut-in voter upon registration. DEL} {DEL State of Rhode Island DEL} {DEL County of DEL} ____ {DEL I, DEL} ____ {DEL say that I reside at No. DEL} ____ {DEL in the city or town of DEL} ____ {DEL in the state of Rhode Island; that I am qualified to register in the city or town; that because of illness or physical or mental disability, I am unable to register in person, and in good faith file the within information necessary to registration. DEL} ______________ {DEL (sign full name on this line) DEL} {DEL Sworn to (or affirmed) before me, this DEL} > ____ {DEL day of DEL} ____ {DEL 19 DEL} __ ______________ {DEL (notary public) DEL} {DEL Witnesses: DEL} ______________ ______________ {DEL signature DEL} {DEL residence DEL} ______________ ______________ {DEL signature DEL} {DEL residence DEL} {DEL (This affidavit need not be subscribed and sworn to before an officer authorized to administer oaths, if it is subscribed to before two (2) witnesses who affix their respective signature, and addresses hereto.)
(c) When the above form is returned to the local board, together with such proof of citizenship as is required by law and such proof of residency as is required by section 17-1-3.2 of the general laws, the local board shall transfer such information to an original and two (2) duplicate registration cards and shall forward the original and duplicate cards to the person for his or her signature, above which shall be the following certificate: "I hereby certify that the information recorded on this form is true." When the original and duplicate registration cards, duly executed, are returned to the local board, the person shall be deemed to have completed his or her registration, and the original and duplicate cards shall be filed in the same manner as other original and duplicate cards. DEL}
{DEL 17-9-11. DEL} {DEL Registration of servicemen's dependents. -- DEL} {DEL Every person otherwise duly qualified to vote who by reason of being the spouse or dependent child of a member of the armed forces of the United States in active service who is qualified to vote and is absent from this state, and is with the member of the armed forces and unable to register in person, and desiring to register shall do so in the following manner:
(1) The person shall make application in writing to the local board in the city or town in which that person has his or her "residence", as defined in section 17-1-3.1 of the general laws, for the form necessary to registration.
(2) The local board shall proceed to furnish the applicant with a form upon which the person shall provide the information necessary for registration.
The following in addition to any direction as may be printed, stamped or written thereon by direction of the local board shall be substantially the form of affidavit to be subscribed to by the absentee voter, viz:
Affidavit of absentee voter upon registration. DEL}
{DEL I, DEL} ____ {DEL say that I have my residence at No. DEL} ____ {DEL in the city DEL} {DEL or town of DEL} ____ {DEL in the state of Rhode Island; that I am the wife (or husband) or dependent child of a bona fide resident of the state or Rhode Island who is absent from the state in the service of the armed forces of the United States of America; that I am residing temporarily with DEL} ____ {DEL at DEL} ____; {DEL that I am unable to register in person; and in good faith file the within information necessary to registration. DEL} ______________ {DEL (sign full name on this line) DEL} {DEL Sworn to (or affirmed) before me, this DEL} ____ {DEL day of DEL} ____ {DEL 19 DEL} __ ______________ {DEL (notary public) DEL} {DEL (Affix official seal or certificate of authority.) (Notary public or other officer authorized by law to administer an oath must administer the above.)
(3) When the above form is returned to the local board, together with such proof of citizenship as is required by law, the local board shall transfer the information to an original and two (2) duplicate registration cards and shall forward the original and duplicate cards to the person for that person's signature, above which shall be the following certificate: "I hereby certify that the information recorded on this form is true." When the original and duplicate registration cards, duly executed, are returned to the local board, the person shall be deemed to have completed his or her registration, and the original and duplicate cards shall be filed in the same manner as other original and duplicate cards. DEL}
{DEL 17-9-12. False certificates in registration. -- DEL} {DEL Every person who shall knowingly and wilfully make any false certificate in registering his or her name pursuant to the provisions of this chapter or who, acting in the capacity of a voter registrar, shall knowingly and wilfully register a person who has made a false certificate shall be guilty of a felony. DEL}
{DEL 17-9-13. Filing of registration cards. -- DEL} {DEL When the original and duplicate registration cards have been duly filled out, they shall be filed separately. The original cards shall be arranged by voting districts and either by street address or in alphabetical order, and shall be filed in containers. One set of duplicate cards shall be arranged for the entire city or town, as the case may be, in alphabetical order, and shall constitute an office record of the local board, and shall not be removed from the office of the local board except on order of a court of competent jurisdiction. The other set of duplicate cards shall be filed with the secretary of state. DEL}
{DEL 17-9-14. DEL} {DEL Custody of registration cards. -- DEL} {DEL The containers of the original and duplicate registration cards in the possession of the local board and the keys thereto shall be kept in the custody of the local board and these containers shall remain securely locked at all times and shall be opened only by the local board or its specially authorized agent at its office, except as hereinafter provided. The containers of the duplicate registration cards in the possession of the secretary of state and the keys thereto shall be likewise kept and maintained by the secretary of state or the secretary's specially authorized agent at the secretary's office. DEL}
{DEL 17-9-15. DEL} {DEL Registration records public. -- DEL} {DEL The original and duplicate registration cards shall be public records and shall be open to public inspection at all reasonable times. DEL}
{DEL 17-9-16. Procedure on change of address. -- DEL} {DEL (a) A voter who has moved his or her "residence", as defined in section 17-1-3.1 of the general laws from the address at which the voter is registered to another within the same city or town may vote in the voting district of the voter's new residence upon the following conditions:
(1) If the new address is in the same voting district in which the voter is registered and the voter shall have filed with the local board a written request for change of address thirty (30) days prior to an election or primary and shall have complied with the provisions of sections 17-1-3.2 and 17-1-3.3 of the general laws.
(2) If the new address is in the same city or town, but in a different voting district, and the voter shall have requested a transfer of registration to the new voting district, in such form as shall be prescribed by the state board, thirty (30) days prior to an election or primary and shall have complied with the provisions of sections 17-1-3.2 and 17-1-3.3 of the general laws.
(b) A voter who has moved his or her "residence", as defined in section 17-1-3.1 of the general laws, from the address at which the voter is registered to another within a different city or town shall be required to register in the city or town to which he has moved and to comply with the provisions of sections 17-1-3.2 and 17-1-3.3 of the general laws; provided that no person qualified to vote in any city or town in this state shall lose his or her right to vote in that city or town by reason of his or her removal to another city or town in this state during the thirty (30) days, less one day, next preceding an election or primary in the former city or town, provided, however, that a voter who remains within the state, although he or she fails to register in the city or town to which the voter has moved within time to vote in the city or town, shall be permitted to vote by special paper ballot as provided by the secretary of state upon application therefor approved by the board of canvassers of the voter's former city or town for federal and statewide elected officials only during the six (6) months, less one (1) day, next preceding an election or primary.
(c) The local board shall receive and record changes of address in accordance with the foregoing provisions, after having first satisfied itself by the signature of the voter or otherwise of the authenticity of the change of address, and shall forthwith notify the secretary of state of the action.
(d) A voter who has moved his or her residence within the same city or town as described in section 17-9-16(a) during the thirty (30) days, less one day, next preceding an election or primary in that city or town may vote in the voting district of his or her former residence at the election or primary only. DEL}
{DEL 17-9-17. DEL} {DEL Re-registration -- Notice to city or town of previous address. -- DEL} {DEL (a) A voter may register in a city or town into which he or she has moved whether or not the voter has notified the board of the city or town in which the voter was last registered of the voter's change of address; provided, however, that before the voter shall register in the city or town into which he or she has moved the voter shall sign an authorization for the cancellation and transfer of his or her registration records from the city or town in which the voter was last registered, which authorization shall be forthwith sent by the board in which the voter registers to the board in which the voter was last registered, which latter board shall forward the voter's registration records and remove the registrant from the voting list of the city or town, except as herein otherwise provided, and shall forthwith notify the secretary of state of the action.
(b) The local board of any city or town shall, upon receiving the registration of any person, notify the board of the city or town stated by the person to be that person's last place of residence, of the registration. Thereupon the last mentioned board shall forward the original registration card of the person to the other board, and shall forthwith notify the secretary of state of the action. DEL}
{DEL 17-9-18. Change of name. -- DEL} {DEL Any registered voter whose name has been changed by marriage or court action shall be entitled to have such change of name recorded on the registration records of the local board, and upon such recording, shall be entitled to vote thereafter under such changed name. The local board shall forthwith notify the secretary of such action. DEL}
{DEL 17-9-19. DEL} {DEL Single registration. -- DEL} {DEL Nothing in this chapter shall be construed to require any voter to re-register if he or she is already registered in the city or town in which the voter has his or her residence as defined in section 17-1-3.1 of the general laws. Any voter who is registered in more than one city or town shall be deemed to have authorized the cancellation of all registrations other than the last one in point of time, provided that nothing in this section shall be taken to validate any registration which is not in a city or town where the voter has his or her residence. DEL}
{DEL 17-9-20. DEL} {DEL Proof of registry in another town. -- DEL} {DEL The proof of the registry of a person in a town other than that in which that person shall offer to vote shall be the certificate of the town clerk of the town or the clerk of the local board of the town or city in which the person is registered. DEL}
{DEL 17-9-21. DEL} {DEL False affidavits. -- DEL} {DEL Every person who shall make a false affidavit under this chapter shall be guilty of a felony. DEL}
{DEL 17-9-23. DEL} {DEL Registration lists furnished to political parties. -- DEL} {DEL The local boards shall not more than once each week and not less than once a month, if requested to do so by the state and/or city or town chairman of any political party, furnish without cost and without unreasonable delay to the chairman, or the chairman's accredited representative, the names and addresses of all persons who are newly registered to vote in the city or town , the names and the addresses of all electors who have transferred to a new voting address, and the names and addresses of all persons whose names have been removed from the voting list or placed in the inactive category. In the event that any list so furnished is declared to be inaccurate by the chairman of the democratic state committee or the chairman of the republican state central committee, the state board of election selections shall at its discretion, if requested by either of the chairmen, appoint a disinterested person to examine the records of the local board for the purpose of determining the accuracy of the list. DEL}
{DEL 17-9-24. DEL} {DEL Tampering with registration records. -- DEL} {DEL Every person who shall wilfully and without lawful authority destroy, secrete, remove, deface, alter, tamper, or meddle with a registry book or with an original or duplicate registration card after any entry shall have been lawfully made therein, shall be guilty of a felony. DEL}
{DEL 17-9-25. DEL} {DEL Peace corps registration. -- DEL} {DEL Every person, otherwise duly qualified to register to vote, who by reason of being a peace corps volunteer as defined in title 22, section 2504 of the United States Code or a peace corps leader as defined in title 22, section 2405 of the United States Code or the spouse or dependent child of the volunteer or leader is absent from this state and unable to register in person and desiring to register shall do so in the following manner:
(1) The person shall make application in writing to the local board in the city or town in which that person has his or her residence for the form necessary to registration.
(2) The local board shall proceed to furnish the applicant with a form upon which he shall provide the information necessary for registration.
The following in addition to any direction as may be printed, stamped, or written thereon by direction of the local board shall be substantially the form of affidavit to be subscribed to by the applicant, viz: DEL}
{DEL I, DEL} ____ {DEL , say that I am (the spouse of) (a dependent child of) a peace corps (volunteer) (leader), that immediately prior to my (my spouse's) (my parent's) entry into the peace corps, I resided at No. DEL} ____ {DEL in the city or town of DEL} ____ {DEL in the state of Rhode Island, and am a bona fide resident of the state of Rhode Island; that I am residing temporarily with DEL} ____ {DEL at DEL} ____; {DEL that I am unable to register in person; and in good faith file the within information necessary to registration. DEL} ______________ {DEL (sign full name on this line) DEL} {DEL Sworn to (or affirmed) before me, this DEL} ____ {DEL day of DEL} ____ {DEL 19 DEL} __. ______________ {DEL (notary public) DEL} {DEL (Affix official seal or certificate of authority.)
(Notary public or other officer authorized by law to administer an oath must administer the above.)
(3) When the above form is returned to the local board, together with such proof of citizenship as is required by law, the local board shall transfer the information to an original and two (2) duplicate registration cards and shall forward the original and duplicate cards to the person for that person's signature, above which shall be the following certificate: "I hereby certify that the information recorded on this form is true." When the original and duplicate registration cards, duly executed, are returned to the local board, the person shall be deemed to have completed the registration, and the original and duplicate cards shall be filed in the same manner as other original and duplicate cards. DEL}
{DEL 17-9-26. DEL} {DEL Party designation. -- DEL} {DEL (a) Whenever any person registers to vote that person may designate his or her party affiliation on the registration forms, or the person may designate that he or she is not affiliated with any political party;.
(b) Any person who is a registered voter on May 9, 1978 and wishes to designate his or her party affiliation, may do so by voluntarily presenting himself or herself to his that person's local board of canvassers and designating his or her party affiliation and certifying to the fact on registration cards furnished for that purpose;.
(c) Whenever any person participates in a party primary, that act shall serve as identifying the person as being affiliated with the party in whose primary that person has participated and the local board shall so record the affiliation on the appropriate registration card. For the purposes of this section, "participation in a party primary" shall not include the circulation or signing of nomination papers. DEL}
{DEL 17-9-27. DEL} {DEL Change of designation. -- DEL} {DEL Any person who has designated his or her party affiliation pursuant to section 17-9-26 may change the designation on or before the ninetieth day preceding any primary election for which the person is eligible. Whenever any person shall desire to change his or her party designation, that person shall appear before the local board of the city or town in which that person has his or her "residence", as defined in section 17-1-3.1, or before the clerk or other duly authorized agent of the board, and shall change his or her party designation and after the information has been recorded on the registry card furnished for that purpose, the person shall sign his or her name and thereby certify to the truth of the facts recorded in the appropriate spaces in the card; or the person shall furnish an affidavit properly executed and signed by him or her to the board directing the board to change the party designation; provided, however, whenever any person shall be unable to sign his or her name because of physical incapacity or otherwise, that person shall make his or her mark "(X)," which shall be witnessed by the person receiving his registration. For the convenience of persons voting at a primary election, affidavits for changing party designation shall be available at all primary polling places; provided that the presence of the affidavits at the primary polling places shall not be construed to allow a person to change his or her party designation within ninety (90) days preceding the primary election. DEL}
SECTION 4. Title 17 of the general laws entitled "Elections" is hereby amended by adding thereto the following chapter:
{ADD 17-9.1-1. Registration required to vote. -- ADD} {ADD No person shall be a qualified voter at any election, unless that person shall be registered under the authority of this chapter, or pursuant to any other provisions of this title. ADD}
{ADD 17-9.1-2. Duty of state board--Registration equipment--Forms. -- ADD} {ADD It shall be the duty of the state board to prescribe the style, color, quality, and dimensions of all registration forms, containers and other equipment required to provide for the permanent registration of voters, and for filing and safekeeping of the registration forms, and it shall furnish a sufficient quantity thereof the several cities and towns. It shall also be the duty of the state board to furnish the several cities and towns with such special professional assistance as may be necessary to assure the proper installation and servicing of the equipment. ADD}
{ADD 17-9.1-2.1. Duplicate voter registration information. -- ADD} {ADD Any local board may adopt an alternative form and means for obtaining and retaining duplicate voter registration information which is approved by the state board of elections. The form shall provide for the information required by section 17-9.1-6 and shall be kept in the order specified by sections 17-9.1-13 and 17-9.1-14. The alternative form need not be of a distinctive color, provided however that the alternative form is substantially different in size and shape from the card designated the original under the provisions of section 17-9.1-6. The alternative form also need not provide for a signature. ADD}
{ADD 17-9.1-3. Periods when boards receive registrations. -- ADD} {ADD The local boards shall open their respective offices for the purpose of receiving registration of voters throughout the year during the regular business hours. Registration for any election shall close on the thirtieth day preceding an election; provided, however, that local boards shall not receive the registration on Sundays or legal holidays, and may receive the registrations during additional hours each day from the fortieth, to the thirtieth day before any election provided, however,that nothing contained herein shall be construed as restricting the right of statewide or local registration agents or members of the general assembly to accept registrations of voters on any day. The acceptance of registrations at any other time shall not affect the validity of any election.
Notwithstanding any other sections of the general laws to the contrary, all local boards of canvassers shall remain open from 8:30 a.m., until 4:00 p.m. on the last day prescribed by law for the taking of voter registrations to permit participation of the voters in the next succeeding election, notwithstanding that the last day may be a Saturday; provided, however, a local board may remain open on the last day which falls on a Saturday prior to a local or special election only from 1:00 p.m. until 4:00 p.m. ADD}
{ADD 17-9.1-4. Evening registration meetings--Large cities and towns. -- ADD} {ADD The local boards in cities and towns of more than thirty thousand (30,000) population as determined by the last federal census shall between the first day of April and the thirty-first day of August in each even-numbered year, on such dates as they may severally designate, hold at least two (2) evening registration meetings of at least two (2) hours duration in each ward in the case of cities and in each voting district in the case of towns for the purpose of receiving registrations. The board shall advertise each meeting in one or more newspapers having general circulation in their respective cities or towns at least one day prior to each meeting. ADD}
{ADD 17-9.1-4.1. Registration drives at high schools. -- ADD} {ADD It shall be the duty of local boards to annually conduct a voter registration drive at each high school within the city or town in cooperation with the administration of the schools. Each principal of every public or private high school and director of each vocational school in this state may be a registration agent whose authority shall be limited to receiving and accepting registrations as electors from those qualified applicants who are enrolled as students within the school or are employed within the school. The principal or director may designate one or more persons in the school to serve as registration agents with the same authority as the principal of the school, provided each designation is filed with the local board for the city or town in which the school is located. Each person who is a registration agent pursuant to this section shall be sworn to the faithful performance of his or her duties and shall be subject to removal as a registration agent by the local board for cause shown. All registration made under this section shall be made in accordance with rules and regulations established by the local board of the city or town in which the school is located. ADD}
{ADD 17-9.1-4.2. Evening registration meetings--Cities and towns. -- ADD} {ADD The local boards in cities and towns of thirty thousand (30,000) or less population as determined by the last federal census shall between the first day of April and the thirty-first day of August in each even-numbered year, on such dates as they may severally designate, hold a total of six (6) evening registration meetings of at least two (2) hours duration at their office for the purpose of receiving registrations. The board shall advertise each meeting in one or more newspapers having general circulation in their respective cities or towns at least one day prior to each meeting. ADD}
{ADD 17-9.1-5. Local registration agents. -- ADD} {ADD (a) The several local boards shall appoint a sufficient number of agents who shall serve throughout each year for the purpose of receiving registrations of persons residing in the city or town in which the agent was appointed to act. Such agents shall be sworn to the faithful performance of their duties, shall be subject to removal by the local board, and shall have power to accept registrations on Sundays and at any other time or place designated by the local board, whether in or out of the presence of the members of the local board. In addition, all members of the general assembly shall have the power to accept registration on Sundays and any other day, and the local boards of canvassers shall provide all registration forms to the general assembly members.
(b) The several local boards or their agents shall additionally hold a special registration session in any factory, mill, wholesale or retail or other employing establishment, or hospital, home for aged, or convalescent home within their city or town in the even-numbered years on or before July 5th for the state primary, and on or before August 5th for the state election, if in the case of the primary a request for the special registration session is made during the months of May or June, and in the case of the election a request for the special registration is made during the months of June and July by ten (10) or more voters of the city or town filing a petition with the local board for the holding of a special registration session in the factory, mill, wholesale or retail or other employing establishment, or hospital, home for aged, or convalescent home, signed by them with their names and addresses as they appear on voting lists of the city or town, and stating that ten (10) or more persons employed in the factory, mill, wholesale or retail or other employing establishment or convalescent home desire and are entitled to be registered in the city or town. The special registration session shall then be held if, at the time the petition is filed the local board is in receipt of permission in writing from the tenant, or, if there is no tenant, from the owner of the factory, mill, wholesale or retail or other employing establishment or the operator of the hospital, home for aged, or convalescent home to use their premises for the purpose of holding the special session. ADD}
{ADD 17-9.1-5.1. State-wide registration agents. -- ADD} {ADD The state board of elections shall appoint a sufficient number of agents who shall serve throughout the year to perform the duties assigned to them by section 17-7-5 and such other duties as may be assigned them by the board. Each registrar who performs his or her duties faithfully and completely and who attends an annual training session which includes a presentation on changes to the election laws during the previous year shall be automatically reappointed as a registration agent. ADD}
{ADD 17-9.1-5.2. Qualifications and jurisdiction of registration agents. -- ADD} {ADD No registration agent, whether appointed by a local board, by the state board, or empowered by law, shall be authorized to accept registrations outside of the state of Rhode Island, and all the registration agents shall themselves be registered to vote in the state of Rhode Island. ADD}
{ADD 17-9.1-6. Form of registration cards -- Confidentiality of place of registration. -- ADD} {ADD (a) Registration forms shall consist of such number of sets of cards and of such size and color as shall be determined by the state board of elections, one (1) of which forms shall be designated as the original and any others as duplicates. The forms shall be ruled with appropriate spaces and headings to indicate the registrant's name, residence address, mailing address if different from residence address, place and date of birth, and registrant's signature and date of affixation of signature, and may include such other information, certifications, and declarations including those made under the penalty of perjury, as 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.
(b) Notwithstanding that registration forms are public records, nothing contained in said registration forms nor any identifying characteristic of such forms such as size or color shall indicate the particular office of the Division of Motor Vehicles at which the voter was registered nor shall there be any indication that the voter was registered at any other state, federal or private agency. Nothing herein contained shall restrict the State Board of Elections from maintaining confidential records showing the actual place of registration of all voters. ADD}
{ADD 17-9.1-7. Registration at the Division of Motor Vehicles. -- ADD} {ADD Every person applying at the Division of Motor Vehicles for a driver's license or a renewal thereof, or personal identification document issued by said 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.
The application to register to vote must be offered simultaneously with the application for the driver's license or renewal thereof, or personal identification document. Division of Motor Vehicles employees must provide to applicants for driver's licenses, renewal thereof, 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, renewals thereof or personal identification documents; provided, however, that separate signatures shall be required on the application for driver's license, renewal thereof, or personal identification document, and the application to register to vote. The applicant may decline to register to vote by failing to sign the voter registration form. 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 thereof, 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.
The voter registration application shall contain the registrant's name, residence address, mailing address if different from residence address, place and date of birth, and registrant's signature and date of affixation of signature, and may include such other information, certifications, and declarations including those made under the penalty of perjury, as 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: (1) the penalties provided by law for submitting a false voter registration, (2) 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 (3) 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. 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.
The completed voter registration application shall be transmitted by the Division of Motor Vehicles to the state board or any local board not later than ten (10) days after the date of acceptance by the Division of Motor Vehicles. However, if such acceptance occurs on the last day to register to vote or within five (5) days preceding such 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.
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 such registration by the Division of Motor Vehicles, subject however to verification of such registration by the state board or any local board as provided in section 17-9.1-25.
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. ADD}
{ADD 17-9.1-8. Registration at designated agencies. -- ADD} {ADD 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 such other agencies within the state as shall be determined by the state board.
Voter registration agencies designated by the state board may include, but are not limited to:
(a) 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 subsection (2) that provide services to persons with disabilities; and
(b) federal and nongovernmental offices, with the agreement of such offices.
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 such 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 such assistance.
Any person who provides such services in an agency is prohibited from: (1) seeking to influence an applicant's party preference or party registration, (2) displaying any political preference or party allegiance, (3) making any statement or taking any action whose purpose or effect is to discourage the applicant from registering to vote, or (4) 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.
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".
Such 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.
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.
The declination form to be used at agencies providing public or publicly-funded assistance shall also contain the following statements and information: (1) "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency." (2) "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). (3) "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." (4) "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) 277-2345, (401) 277-2239 TDD"; (5) 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 (6) 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.
The registration form to be provided in such 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 such 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.
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 same 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 such acceptance.
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.
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 such registration by said designated agency, subject however to verification of such registration by the state board or any local board as provided in section 17-9.1-25.
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.
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. ADD}
{ADD 17-9.1-9. Registration by mail. -- ADD} {ADD (a) Every person who is, or may be by the next general election, qualified to vote may register to vote by mail. Such mail registration shall be accomplished through the use of the federal mail registration form prescribed by the Federal Election Commission under the National Voter Registration Act of 1993 (42 USC 1973gg) and/or through the use of a mail registration form prescribed by the state board of elections which complies with the requirements contained in said National Voter Registration Act of 1993. Such form shall contain the registrant's name, residence address, mailing address if different from residence address, place and date of birth, and registrant's signature and date of affixation of signature, and may include such other information, certifications, and declarations including those made under the penalty of perjury, as 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.
(b) Any person who has fully and correctly completed an application to register to vote by mail which is delivered by the postal service to the State Board of Elections or any local board shall be presumed to be registered as of the date it is postmarked by said postal service, subject however to verification of such registration by the state board of any local board as provided in section 17-9.1-25. Provided, however, in those cases where the mail registration form is received not later than five (5) days after the last date to register to vote for an election and the postmark is either missing or unclear, the voter shall be presumed to have registered on or prior to the last day to register for an election, subject however to verification of such registration by the state board or any local board as provided in section 17-9.1-25.
(c) The state board of elections shall have authority to adopt regulations to implement and administer mail registrations. ADD}
{ADD 17-9.1-9.1. Shut-in voters, servicemen's dependents, or peace corps registrations. -- ADD} {ADD (a) Shut-in voters. Every person otherwise duly qualified to vote, who, by reason of illness or physical or mental disability is unable to register in person at the office of the local board may register to vote by mail.
(b) Servicemen's dependents. Every person otherwise duly qualified to vote who by reason of being the spouse or dependent child of a member of the armed forces of the United States in active service who is qualified to vote and is absent from this state, and is with the member of the armed forces and unable to register in person may register to vote by mail.
(c) Peace corps registration. Every person, otherwise duly qualified to register to vote, who by reason of being a peace corps volunteer as defined in title 22, section 2504 of the United States Code, or a peace corps leader as defined in title 22, section 2505 of the United States Code or the spouse or dependent child of the volunteer or leader is absent from this state and unable to register in person and desiring to register may register to vote by mail. ADD}
{ADD 17-9.1-10. Additional method of registering. -- ADD} {ADD (a) In addition to the methods for registering to vote provided in sections 17-9.1-7, 17-9.1-8 and 17-9.1-9, whenever any person who is, or may be by the next election, qualified to vote, shall desire to register, that person may appear before the local board of the city or town in which he or she has his or her residence, as defined in section 17-1-3.1, or before the clerk or other duly authorized agent of the board, or before a registrar appointed by the state board of elections and shall furnish the information required of him or her by this chapter and such information described in sections 17-9.1-23 and 17-9.1-24 as the registrant may wish to record and after the information has been recorded on the registry card furnished for that purpose, the person shall sign his or her name and thereby certify to the truth of the facts recorded in the appropriate spaces in the card; provided, however, whenever any person shall be unable to sign his or her name because of physical incapacity or otherwise he or she shall make his mark "(X)", which shall be witnessed by the person receiving the registration.
(b) It shall be the duty of the local board or clerk or other duly authorized agent of the board or registrar of the state board of elections to inform the person so registering to vote that the voter will be mailed an acknowledgement card advising of the disposition of the registration and in the process verifying that the person resides at the address provided on the registration form. Such person shall also be advised that if such acknowledgement card is returned as undeliverable, the person will be placed on the inactive list of voters pending the results of the confirmation process described in section 17-9.1-26. Nothing in this section contained shall be deemed to entitle a person to vote whose registration form has not been filed with the local board at least thirty (30) days before an election. ADD}
{ADD 17-9.1-11. Certification of citizenship. -- ADD} {ADD Before the name of any person shall be placed on the voting list, such person shall, at the time of registration, certify or declare that such person is a citizen of the United States. ADD}
{ADD 17-9.1-12. False certificates in registration. -- ADD} {ADD Every person who shall knowingly and wilfully make any false certificate or declaration in registering his or her name pursuant to the provisions of this chapter or who shall knowingly and wilfully make any false statement in any affirmation or confirmation form or who, acting in the capacity of a voter registrar, shall knowingly and wilfully register a person who has made a false certificate or declaration shall be guilty of a felony. ADD}
{ADD 17-9.1-13. Filing of registration cards -- Transmittal to secretary of state. -- ADD} {ADD The original registration cards shall be arranged and maintained in alphabetical order by surname for the entire city or town and shall be filed in suitable containers. Any duplicate set of cards shall be maintained at the discretion of the local canvassing authority subject, however, to prior approval from the state board of elections.
The local board shall be required to provide promptly to the office of the secretary of state in connection with the operation and maintenance of the central voter register, information provided to the local board relative to any voter registration. The information to be provided shall be such as may be necessary for the secretary of state to operate and maintain the central voter register in accordance with chapter 17-6 of the general laws. ADD}
{ADD 17-9.1-14. Custody of registration cards. -- ADD} {ADD The containers of the original and any duplicate registration cards in the possession of the local board and the keys thereto shall be kept in the custody of the local board and these containers shall remain securely locked at all times and shall be opened only by the local board or its specially authorized agent at its office, except as hereinafter provided. ADD}
{ADD 17-9.1-15. Registration records public. -- ADD} {ADD Except as otherwise provided in 17-9.1-6, the original and any duplicate registration cards shall be public records and shall be open to public inspection and copying at all reasonable times.
Except where confidentiality is otherwise required under other provisions of this title, all other records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, and the registration lists prepared pursuant to section 17-9.1-21, shall also be deemed public records. ADD}
{ADD 17-9.1-16. Procedure on change of address -- Fail-Safe voting provisions. -- ADD} {ADD (A) Change of address within the same city or town: (1) A registered voter who has moved from a residence address within a voting district to another residence address within the same voting district and who has not notified the local board of such change of residence address thirty (30) days or more prior to the election shall be permitted to vote at the polling place designated for such voting district or at the local board upon completion of a written affirmation form which shall record the voter's change of address within such voting district. Such form may be completed by the voter at the polling place designated for such voting district and thereafter transmitted, after the close of the polls, to the local board or may be completed at the local board.
(2) Any registered voter who has moved his or her residence from one residence address to another residence address within the same city or town and who has not notified the local board of such change of residence address thirty (30) days or more prior to the election shall be permitted to vote as follows: (a) A registered voter who has moved from a residence address in one (1) voting district to a residence address in another voting district within the same city or town thirty (30) days or more preceding an election shall be permitted to vote a full ballot at the polling place of the new residence address or at the local board upon completion of an affirmation form which shall record the voter's change of address. If such form is completed at the polling place, said form shall be forwarded to the local board after the close of the polls; or (b) Any such registered voter who has moved less than thirty (30) days preceding an election from one (1) address to another address within a different voting district within the same city or town shall be permitted to vote at the polling place of the former address or at the local board and is entitled to vote the full ballot for the old polling place upon completion of an affirmation form which shall record the voter's change of address.
(3) Any registered voter to whom a confirmation mailing was sent by either the state board or a local board, based upon information other than change of address information received from or through the postal service, shall be placed on the inactive list of voters if the recipient of such confirmation mailing fails to return the related confirmation card. If such voter continues to reside in the same city or town and at the residence address currently recorded on the voter's registration card or at a residence address within the same voting district, the voter shall be permitted to vote at the polling place for such residence address upon signing an affirmation form; provided, however, if said voter has moved to a new residence address within the same city or town but within a different voting district such registered voter shall be permitted to vote a full ballot at the polling place of the new residence address or at the local board upon completion of an affirmation form which shall record the voter's change of address.
(4) Any registered voter to whom a confirmation mailing was sent by either the state board or a local board, based upon change of address information provided by or through the postal service shall not be placed on the inactive list even if the recipient of such confirmation mailing fails to return the related confirmation card. Any such registered voter shall be permitted to vote at the polling place of the new residence address or the local board without the requirement of signing an affirmation form. Provided however if the change of address information provided by or through the postal service was in error, such registered voter shall be permitted to vote at the polling place of his or her former address or at the local board upon signing the required affirmation form.
(B) Change of address from one (1) city or town to another city or town: (1) A voter who has moved his or her "residence", as defined in section 17-1-3.1, from the address at which the voter is registered to another within a different city or town shall be required to register in the city or town to which the voter has moved; provided that no person qualified to vote in any city or town in this state shall lose his or her right to vote in that city or town by reason of his or her removal to another city or town in this state during the thirty (30) days, less one (1) day, next preceding an election or primary in the former city or town, provided, however, that a voter who remains within the state, although he or she fails to register in the city or town to which the voter has moved within time to vote in the city or town, shall be permitted to vote by special paper ballot to be provided by the secretary of state upon application therefor approved by the board of canvassers of the voter's former city or town for federal and statewide elected officials only during the six (6) months, less one (1) day, next preceding an election or primary.
(C) Persons erroneously excluded from certified voting list: Any voter finding his or her name is not on the certified voting list of his or her city or town being used at any election may make an affidavit before the local board, each member or employee thereof being hereby empowered to take his or her affidavit, that he or she is duly registered in such city or town and is not otherwise disqualified from voting in such election. The board may examine the voter and if it finds that the voter is qualified to vote, the voter shall, upon making the affidavit provided for, be allowed to vote either at said local board or at the polling place for the voting district in which the voter resides. In the latter case, the local board shall issue a temporary registration certificate as provided in section 17-10-18. Local boards shall be required to be continuously in session during the hours assigned for voting in each city or town. ADD}
{ADD 17-9.1-17. Re-registration--Notice to city or town of previous address. -- ADD} {ADD (a) A voter may register in a city or town into which he or she has moved whether or not the voter has notified the board of the city or town in which the voter was last registered of the voter's change of address. Such action of registration shall automatically cancel the voter's registration in the former city or town. The secretary of state shall be notified by the local boards of the registration in the new city or town and of the cancellation of the former registration.
(b) The local board of any city or town shall, upon receiving the registration of any person, notify the board of the city or town stated by the person to be that person's last place of residence, of the registration. Thereupon the last mentioned board shall forward the original registration card of the person to the other board, and shall forthwith notify the secretary of state of the action.
(c) The state board shall have authority by regulation to direct the manner in which the provisions of this section are carried out by the local boards and the secretary of state. ADD}
{ADD 17-9.1-18. Change of name. -- ADD} {ADD Any registered voter whose name has been changed by marriage or court action shall be entitled to have the change of name recorded on the registration records of the local board, and upon the recording, shall be entitled to vote thereafter under the changed name. The local board shall forthwith notify the secretary of state of the action. ADD}
{ADD 17-9.1-19. Single registration. -- ADD} {ADD Nothing in this chapter shall be construed to require any voter to re-register if he or she is already registered in the city or town in which the vote has his or her residence as defined in section 17-1-3.1. Any voter who is registered in more than one (1) city or town shall be deemed to have authorized the cancellation of all registrations other than the last one in point of time, provided that nothing in this section shall be taken to validate any registration which is not a city or town where the voter has his or her residence. ADD}
{ADD 17-9.1-20. False affidavits. -- ADD} {ADD Every person who shall make a false affidavit under this chapter shall be guilty of a felony. ADD}
{ADD 17-9.1-21. Registration lists furnished to political parties. -- ADD} {ADD The local boards shall not more than once each week and not less than once a month, if requested to do so by the state and/or city or town chairman of any political party, furnish without cost and without unreasonable delay to the chairman, or the chairman's accredited representative, the names and addresses of all persons who are newly registered to vote in the city or town, the names and the addresses of all electors who have transferred to a new voting address, and the names and addresses of all persons whose names have been removed from the voting list or placed in the inactive category. In the event that any list so furnished is declared to be inaccurate by the chairman of the democratic state committee or the chairman of the republican state central committee, the state board of elections shall at its discretion, if requested by either of the chairmen, appoint a disinterested person to examine the records of the local board for the purpose of determining the accuracy of the list. ADD}
{ADD 17-9.1-22. Tampering with registration records. -- ADD} {ADD Every person who shall wilfully and without lawful authority destroy, secrete, remove, deface, alter, tamper or meddle with the original or any duplicate registration card after any entry shall have been lawfully made therein or any official list of registered voters compiled therefrom to be used by any local board or office of the secretary of state in connection with the conduct of any election or the mailing of any election materials, shall be guilty of a felony. ADD}
{ADD 17-9.1-23. Party designation. -- ADD} {ADD (a) Whenever any person registers to vote that person may designate his or her party affiliation, or that person may designate that he or she is not affiliated with any political party. Such information shall be recorded on a form prescribed by the state board of elections.
(b) Any person who is already registered to vote and wishes to designate his or her party affiliation, may do so by voluntarily presenting himself or herself to that person's local board of canvassers and designating his or her party affiliation and certifying to the fact on the form furnished for that purpose.
(c) Whenever any person participates in a party primary, that act shall serve as identifying the person as being affiliated with the party in whose primary that person has participated and the local board shall so record the affiliation on the appropriate form. For the purposes of this section, "participating in a party primary" shall not include the circulation or signing of nomination papers. ADD}
{ADD 17-9.1-24. Change of designation. -- ADD} {ADD Any person who has designated his or her party affiliation pursuant to section 17-9.1-26 may change the designation on or before the ninetieth day preceding any primary election for which the person is eligible. Whenever any person shall desire to change his or her party designation, that person shall appear before the local board of the city or town in which that person has his or her "residence" as defined in section 17-1-3.1, or before the clerk or other duly authorized agent of the board, and shall change his or her party designation and, after the information has been recorded on the form furnished for that purpose, the person shall sign his or her name and thereby certify to the truth of the facts recorded in the appropriate spaces in the form; or the person shall furnish an affidavit properly executed and signed by him or her to the board directing the board to change the party designation; provided, however, whenever any person shall be unable to sign his or her name because of physical incapacity or otherwise, that person shall make his or her mark "(X)", which shall be witnessed by the person receiving the registration. For the convenience of persons voting at a primary election, affidavits for changing party designation shall be available at all primary polling places; provided that the presence of the affidavits at the primary polling place shall not be construed to allow a person to change his or her party designation within ninety (90) days preceding the primary election. ADD}
{ADD 17-9.1-25. Acknowledgement of registration or change of address -- Verification of residence. -- ADD} {ADD (a) The local board of each city or town shall mail an acknowledgement card to each newly registered voter and to each voter who changes his or her voting residence within seven (7) days after receipt of such registration or change of residence. Such acknowledgement card shall notify the applicant for registration of the disposition of such application, i.e. whether such application is deemed accepted or denied. If denied, the reason for such denial shall be indicated thereon. Such acknowledgement card shall be mailed to the applicant at the address from which he or she registered and shall be clearly marked "Do Not Forward--Return If Undeliverable". ADD}
{ADD (b) The acknowledgement form shall be a postal card of such size and other specifications as shall be determined by the state board and shall be substantially in the following form, provided, however, that the wording of the form may be revised and updated from time to time by the state board in a manner to make its content as easily readable and understandable as possible; viz: ADD}
{ADD Your application to register to vote has been received and accepted. The following is information concerning your voting districts. ADD}
{ADD Your U.S. Representative District is ADD} {ADD Your State Senate District is ADD} {ADD Your Representative District is ADD} {ADD Your Council District is ADD} {ADD Your Ward District is ADD} {ADD Your Voting District is ADD}
{ADD Locations of polling places for these districts may be obtained from newspaper advertisements preceding each election or by calling your local board. ADD}
{ADD Your application to register to vote has been received incomplete. Please contact our office at the telephone number or address listed below. ADD}
{ADD Your application to register to vote has been rejected because ADD} {ADD ADD} {ADD ADD}
{ADD If this card is addressed to a person who does not live at this address, please ask your mail carrier to return it to the sender. ADD}
{ADD Board of Canvassers ADD} {ADD Address ADD} {ADD ADD} {ADD Telephone Number ADD} {ADD ADD} {ADD ADD}
{ADD (c) Such form may also contain such other information as may be required by the state board. ADD}
{ADD (d) Such postal cards as are returned as undeliverable to the local board shall be reviewed to verify that the address was correctly printed on the card. All cards returned as undeliverable shall be attached to the registration cards and maintained as a record of the local board. ADD}
{ADD Any voter whose application to register to vote has been accepted, but whose acknowledgement card has been returned by postal authorities as undeliverable shall be placed on an inactive list of voters and shall not be permitted to vote unless an affirmation form is completed. Provided, however, that the local board shall be required upon receipt of such undeliverable acknowledgement card to commence the confirmation process described in section 17-9.1-26. ADD}
{ADD 17-9.1-26. Confirmation process -- Verification of the address of registered voter. -- ADD} {ADD (a) Whenever an acknowledgement card, which was mailed to a voter whose application to register to vote has been accepted, is returned as undeliverable; or whenever, through the periodic updating of voter registration records as provided in section 17-9.1-27, a change of address is detected for any voter; or whenever as the result of a challenge under section 17-9.1-28 the challenged voter shall fail to appear before the local board; or whenever a mailing by the jury commissioner to a voter is returned as undeliverable, the local board shall begin the confirmation process described in subparagraph (b) below. Whenever any other official mailing from either the state board or a local board or from the office of the secretary of state, which official mailing has been sent to at least a majority of the registered voters in a particular city or town, shall be returned as undeliverable to any one (1) or more of such voters to whom it was mailed, the local board may commence the confirmation process described in subparagraph (b) below. ADD}
{ADD (b) The confirmation form shall be sent by first class forwardable mail and shall be of such size or other specifications as shall be determined by the state board. Said form shall be designed so that a portion thereof may be used by the voter to verify or correct the voter's residence address for voting purposes. ADD}
{ADD (c) Said confirmation form shall be prepared in substantially the following form and shall contain substantially the following information, subject to any additional information as may be required by the state board; provided, however, that the wording of the form may be revised and updated from time to time by the state board in a manner to make its content as easily readable and understandable as possible: ADD}
{ADD The board of canvassers has received information that you may no longer reside at the address from which you are currently registered. If you have not permanently changed your residence address or if you have permanently changed your residence address but continue to live in the same city or town you should immediately return the post card attached to the bottom of this form no later than fourteen (14) days after the date of this mailing even if this notice was mailed to your correct current address. If the post card is not returned, affirmation or confirmation of your current address may be required at the polls on election day. If the post card is not returned and you do not vote by which is the date of the second general election following the date of this mailing, then your name may be removed from the voter registration list. ADD}
{ADD If you have permanently changed residence address to another city or town, please detach, complete, and return the postcard at the bottom of this form even if this notice was mailed to your correct current address. Please note that in order to vote, you will have to register with the voter registration office in your new city or town. Even though you have returned the post card below, you must register in your new city or town in order to be eligible to vote. ADD}
{ADD Board of Canvassers of City/Town of ADD} {ADD Address: ADD} {ADD Telephone Number: ADD} {ADD ADD}
{ADD WARNING! If you knowingly provide false voter registration information on this form, you may be guilty of a felony punishable by imprisonment for a term of not more than ten (10) years or by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or both, for each offense. ADD}
{ADD ADD}{ADD (d) The confirmation form shall be mailed to both the voter's current registered address and any new residence address, to the extent both addressees are available to the local board. ADD}
{ADD (e) If a confirmation card is mailed to a voter and returned as undeliverable or if delivered and the voter has not responded within fourteen (14) days from the date of the mailing, the voter shall remain on or be placed on the inactive list and shall not be permitted to vote until such time as the voter has signed an affirmation form at either the approved polling place or at the local board of canvassers as provided in this chapter. Provided, however, that if the voter fails to vote by the second general election following the date of the confirmation mailing, then such voter shall be removed from the voting list. Notwithstanding the foregoing, if the confirmation mailing was based upon the change of address information provided by or through the United States Postal Service National Change of Address Program, and the voter has failed to respond to such confirmation mailing, the voter shall remain on the active list of voters and shall not be required to sign the affirmation form. In such cases, the voter's residence address for voting purposes will be changed by the local board to the new address as indicated by the National Change of Address Program. ADD}
{ADD (f) Local boards shall be required to maintain for a period of at least two (2) years a record of all outgoing confirmation mailings including the reasons for the mailing of same. Records shall be kept in such fashion as may be determined by the state board. ADD}
{ADD 17-9.1-27. Periodic updating of voter registration records. -- ADD} {ADD Beginning in January, 1997 and in January of each fourth year thereafter, the secretary of state shall update the central voter register using the United States Postal Service National Change of Address (NCOA) Program; provided, however, that the secretary of state may direct that such updating be performed by each local board. The NCOA list of address changes shall be compared by the local board with lists of registered voters and if address changes are detected for any voter the local board shall institute the confirmation process described in section 17-9.1-26. ADD}
{ADD 17-9.1-28. Procedure on challenge of registration. -- ADD} {ADD (a) Any elector may challenge the registration of a registered voter by submitting to the local board an affidavit prescribed by the state board of elections in accordance with rules and regulations promulgated by the board stating that the voter is not eligible to vote and setting forth evidence that would create a reasonable cause to suspect that the challenged voter is not in fact eligible. Provided, however, that the return as undeliverable of a mailing sent to the voter by someone other than the state board or local board shall not, standing alone, constitute reasonable cause. The local board, upon receipt of the affidavit and upon finding that the affidavit establishes reasonable cause, shall cause to be mailed by certified mail a notification of the challenge to the challenged voter at his or her registered address. The return of the notice, or acknowledgement of its receipt, may be admitted as evidence at the hearing. The challenged voter shall appear before the local board at a time and place to be determined by the local board. The objector shall also be notified of the hearing. If the board finds that the affidavit does set forth reasonable cause to suspect that the challenged voter is not eligible, the voter upon taking the following oath or affirmation shall answer pertinent questions as hereinafter provided, and any other questions necessary to establish his or her eligibility.
(b) The oath or affirmation shall be as follows:
"You do voluntarily swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and eligibility as an elector."
(c) There shall then be asked of him or her by the local board those of the following questions which are appropriate to test his or her eligibility;
(1) If challenged as ineligible of the ground that he or she is not a citizen: Where were you born? If you were not born in the United States, when and where were you naturalized as a United States citizen?
(2) If challenged as ineligible on the ground that he or she has not resided in this state for thirty (30) days immediately preceding the election;
(a) How long have you resided in this state immediately preceding your registration?
(b) Have you been absent from this state within the thirty (30) days immediately preceding this election? If yes, then:
(c) When you left, did you leave for a temporary purpose, with the intent of returning, or for the purpose of remaining away?
(d) What state or territory did you regard as your residence while absent?
(e) Did you, while absent, vote in any other state or territory?
(3) If challenged as ineligible on the ground that he or she is not a resident of the district where seeking to vote;
(a) When did you last come into this district?
(b) Did you come for a temporary purpose only, or for the purpose of making it your residence?
(c) Did you come into this district solely for the purpose of voting here?
(d) Have you now and have you had for the last thirty (30) days a voting residence in this district? If so, what is the particular description, name and location of your residence?
(e) If the answer to paragraph (d) is no, then: Have you moved from the district after registering?
(f) Have you registered to vote at any other place within or outside of this state?
(g) Have you applied for an absentee ballot at any place in this or any other state?
(h) What is the address furnished to the registry of motor vehicles for your operator's license?
(i) What is the address from which your motor vehicle is registered?
(j) What is the address from which you filed your last federal income tax return?
(k) What is the address from which you filed your last state income tax return?
(l) What is the address furnished to the companies from which you have obtained retail credit cards?
(m) What is the address furnished to the financial institutions where you maintain accounts?
(n) What is the address furnished to the tax collector and/or assessor in those communities where you own taxable real or personal property for the purpose of notification to you?
(o) What is the address furnished to the insurance companies with which you maintain policies?
(p) What is the address furnished to your employer?
(q) What is the address furnished by you to any business, professional, union or fraternal organizations of which you are a member?
(r) What is the address furnished to the governmental agencies with which you have contact?
(4) If challenged as ineligible on the ground that registrant is under eighteen (18) years of age: What is your date of birth?
(5) If challenged as ineligible on the ground registrant has been finally convicted of a felony;
(a) Have you ever been tried or convicted in this state or any other state of any crime? If yes, then:
(b) Of what crime, when and in what court were you so convicted?
(c) What sentence was imposed, including provisions relating to probation and parole and have the provisions of such sentence been fulfilled?
(6) The local board shall ask the challenged person any other and further questions to test his or her eligibility as an elector which said board deems relevant.
(d) If the challenged voter appears at such hearing and testifies under oath or affirmation as hereinbefore provided and the local board shall determine that the voter is not eligible to vote or not eligible to vote within the city or town, the voter may be stricken from the voting list. If such voter is found to be eligible to vote within such city or town but not within the voting district where such voter is currently registered, the voter shall remain on the voting list and the board shall record the voter's change of address to the new voting district within the same city or town. If the voter does not appear at the hearing, whether or not the notification of the challenge is returned as undeliverable, the voter shall not be stricken from the voting list but the board shall thereupon be required to begin the confirmation process described in section 17-9.1-26. Provided, however, that no confirmation mailing shall be sent out and no person shall be removed from the voting list within the ninety (90) day period prior to any election excepting however that names of voters may be removed from the voting list within said period of time at the request of the voter, by reason of criminal conviction or mental incapacity, or by reason of the voter's death. Nothing herein contained shall prohibit the mailing of acknowledgement cards verifying voter registration applications within said ninety (90) day period and nothing herein contained shall prevent the recording within said ninety (90) day period of a change of address of a voter who has changed voting residence within the same city or town. ADD}
{ADD 17-9.1-29. Penalty for unsubstantiated challenge. -- ADD} {ADD Every person who shall wilfully and maliciously challenge the registration of a voter without reasonable cause to suspect that the voter is not qualified shall be guilty of a misdemeanor and shall, in addition thereto, be liable to the challenged voter for compensatory and punitive damages as well as for his or her counsel fees. The mere fact that a challenge was not sustained by the board shall not give rise to any civil or criminal liability of the objector. ADD}
{ADD 17-9.1-30. Appeal of ruling by board of canvassers. -- ADD} {ADD Notwithstanding any provisions of the general laws to the contrary, all appeals from decisions rendered by the board of canvassers of the various cities and towns regarding the eligibility of a person to vote shall be to the state board of elections. ADD}
{ADD 17-9.1-31. Voter registration advisory board. -- ADD} {ADD The state board of elections shall establish a voter registration advisory board, hereinafter referred to as the advisory board, to assist in the drafting of regulations and the monitoring of implementation of the National Voter Registration Act of 1993, and to help recruit and train the volunteer registrars. The advisory board shall issue an annual report to the state board, governor, and general assembly on its activities.
The advisory board shall consist of eighteen (18) members. The governor shall appoint one (1) member from the League of Women Voters, one (1) member of the Urban League, one (1) member of Common Cause, one (1) member of Ocean State Action, one (1) member of the National Association for the Advancement of Colored People, one (1) member of the R.I. Black Caucus of State Legislators, and one (1) representative of a state employees' union. The speaker of the house shall appoint two (2) members, not more than one (1) from the majority party. The majority leader of the senate shall appoint two (2) members, not more than one (1) from the majority party. In addition, the following shall be members: the secretary of state or her/his designee; the directors or their designees of the registry of motor vehicles, the department of human services, the department of health, and the department of mental health, retardation and hospitals; and the chairpersons or their designees of the governor's commission on the handicapped and the governor's commission on hispanic affairs. The members shall elect annually a chairperson and other officers as are necessary.
Of the number of members appointed originally under this section, one-third (1/3) shall be appointed for a term of one (1) year to be chosen by lot; one-third (1/3) shall be appointed for a term of two (2) years, to be chosen by lot; and one-third (1/3) shall be appointed for a term of three (3) years, to be chosen by lot. Thereafter, vacancies created by expiration of terms shall be filled with appointments for terms of three (3) years. Members whose terms expire may be reappointed to succeed themselves. The members of the advisory board shall receive no compensation for their services, but may, at the discretion of the governor, be reimbursed for traveling and other expenses actually incurred in the performance of their official duties. ADD}
{ADD 17-9.1-32. Private voter registration -- State departments and agencies. -- ADD} {ADD Nothing in this title shall be construed to prohibit private voter registration activities in the public areas of state departments and agencies. ADD}
SECTION 5. Sections 17-10-1, 17-10-3, 17-10-5, 17-10-7, 17-10-10, 17-10-14, 17-10-15, and 17-10-16 of the General Laws in Chapter 17-10 entitled "Canvassing the list of Qualified Electors" are hereby amended to read as follows:
{ADD 17-10-1. Maintenance of registration -- Inactive file. -- ADD} (a) The local board or its duly authorized agent shall maintain the files of registration cards in such condition as will correctly represent the registration of qualified voters at all times. It shall continually purge the cards of voters no longer qualified to vote in the city or town. It shall promptly record all changes of address, changes of name, and transfers and cancellations of registration.
(b) {DEL If a registered voter does not vote at least once at an election within five (5) calendar years, that voter's registration shall be canceled except that the registration of no person shall be so canceled during his or her service in the armed forces of the United States and during two (2) years thereafter. A voter whose registration has been so canceled shall not thereafter be eligible to vote unless that voter shall again register in accordance with this title as required by section 2 of art. II and section 8 of art. IV, of the constitution. The local board shall notify the secretary of state of that action. DEL} {ADD If a confirmation card has been mailed to a registered voter at an address outside of the city or town of such voter's current registered address for voting purposes, of if such confirmation card has been mailed to an address within the same city or town where the voter is registered, which card was sent to confirm the voter's continuing residence within such city or town and not merely to confirm information provided by or through the postal service concerning a change of address within such city or town, and in both cases the voter has failed to respond to such confirmation card, such voter shall be stricken from the voting list and such voter registration shall be canceled if such voter has not voted or appeared to vote in an election during the period beginning on the date of mailing of the confirmation card and ending on the date after the date of the second general election that occurs after the date of mailing of such card. Provided however that the registration of no person shall be so cancelled during his or her service in the armed forces of the United States and during two (2) years thereafter. A voter whose registration has been so cancelled shall not thereafter be eligible to vote unless that voter shall again register in accordance with the provisions of this title and in accordance with the provisions of the Constitution of this state. The local board shall notify the secretary of state of any such cancellation. ADD} The local board shall notify each voter whose registration has been so canceled by a notice addressed to the voter at the voter's last known address and a memorandum that the notice has been sent, shall be maintained on file by the local board, provided, however that failure to give or receive the notice shall not affect the cancellation of the voter's registration. The local board shall take affirmative action to purge the voter's name from its files of registration cards.
(d) The local board shall maintain a separate list of all new registrations and all transfers of registration which are received by the board within the thirty (30) day period prior to the close of registration prior to each primary, regular and special election. The list shall be maintained until such time as said election is held.
{ADD 17-10-3. Publication of preliminary lists. -- ADD} (a) Forthwith after the close of registration for each general election and each primary election for a general election, the local board shall publish and post a preliminary list of all persons who appear from the registration cards to be duly registered to vote at the next ensuing election. The preliminary list for a primary election shall be subject to the requirements of chapter 13 of this title. The preliminary list shall contain the names and addresses of registered voters arranged in the same order as the file of original registration cards. The preliminary list may be prepared or duplicated by typewriting, printing, mimeographing, multigraphing, {DEL or DEL} photographic process {ADD or may be computer generated ADD} . The list shall be available for public inspection in at least three (3) public places as well as the local board of canvassers and, where possible, the public library in the city or town, where the list shall be open to examination at all reasonable times. The local board shall, upon request, furnish without charge and without unreasonable delay, five (5) copies of the preliminary list to the state, city, or town chairman of any political party.
(b) The preliminary list shall be deemed a public record; and any elector of the city or town, upon request, shall be given a copy of the list upon payment of no more than the actual cost of reproduction.
(c) The preliminary list shall contain the following language in bold print:
"You must be registered to vote from your actual place of residence."
{ADD 17-10-5. Canvass and correction of preliminary lists. -- ADD} (a) The local board shall, before the twentieth day preceding each election, meet and canvass the preliminary lists and hear objections to the inclusion or omission of any person as a registered voter, and it shall thereupon make a final canvass and correction of the registration files. It shall give notice of the time and place of the meeting for at least ten (10) days previous thereto, by posting notices thereof in the same manner as required by this chapter for the posting of the preliminary list, and by publication once, at least ten (10) days previous thereto in one or more newspapers having general circulation in the city or town. At, or following, the meeting the local board shall strike from the lists and direct the cancellation of the registration of every person who shall not be qualified to vote at the election for which the final canvass is made, and shall forthwith notify the secretary of state of that action. {ADD No registration shall be cancelled or a voter's right to vote be otherwise limited based upon a finding that the voter no longer resides within such city or town unless the voter has confirmed either in person or in writing that such voter no longer resides within such city or town or the board has received written evidence that such voter has registered to vote within another city or town or in another state. ADD}
(b) The local boards may meet and canvass the voting lists of any senatorial district, representative district or districts, or wards, or voting district or districts in any senatorial or representative district, ward or voting district, or at their office or other place designated as aforesaid, at any other convenient time or times, on the same day or different days, not inconsistent with the provisions of this chapter.
{ADD 17-10-7. Proof required to strike name. -- ADD} No name shall be stricken from any voting list by any local board upon evidence given at the final canvass meeting unless sworn proof shall be presented to the board that that name is the name of a person not qualified to vote at the election for which the registration and voting list is being canvassed. {ADD No name shall be stricken for ineligibility to vote on the basis of residence except as provided in this chapter. ADD}
{ADD 17-10-10. Corrections by state board. -- ADD} The state board may request any local board to make any correction in any voting list, and if the local board does not comply with the request forthwith, the state board may make the correction itself and the correction thus made shall not be changed except on order of the supreme court. Any person whose name is stricken from any voting list by the state board may file a petition as from an action of the local board as provided in this chapter. The state board shall notify the secretary of state of the action. {ADD The state board in ordering the striking of any names from a voting list shall be subject to the same requirements and limitations as are applicable to local boards including but not limited to the provisions of section 17-10-5. ADD}
{ADD 17-10-14. Final list -- Certification. -- ADD} The registration as finally corrected pursuant to this chapter shall constitute the voting list to be used at the election for which it has been canvassed, and shall be certified for use pursuant to chapter 19 of this title. Only the original of the list need be signed by the board of canvassers, and copies thereof may be certified by a stamp duly placed on the copy. The voting list shall be deemed a public record; and a copy thereof shall be made available, upon request, to any elector within the city or town upon payment of no more than the actual cost of reproduction. Notwithstanding certification of the results of the final canvass, persons who subsequently become ineligible to vote for failure to comply with the provisions of section {DEL 17-1-3.3 DEL} {ADD 17-9.1-25 ADD} of the general laws shall not be permitted to vote in the election unless and until their residency is established pursuant to that section. {DEL The names of the ineligible voters shall be placed on the challenge list. DEL} {ADD The names of such persons shall be placed on the inactive list. ADD}
{ADD 17-10-15. Use of registration cards at polls. -- ADD} The local board shall remove from the container used for that purpose the original registration cards of persons found by the board not to be qualified to vote at the election for which the registry has been canvassed pursuant to this chapter. Cards so removed shall be carefully preserved in a separate file to be maintained for that purpose. Thereupon the cards remaining therein shall be secured in their container so that no card may be removed without breaking a seal or otherwise making it appear that a card has been tampered with. The local board shall certify that the cards are a true and complete list of all qualified voters of the voting district as of the date of the certificate, and shall insert the certificate at the front of the container. {DEL It shall then securely lock and cause the container with the cards remaining therein to be delivered, together with the keys thereto, to the warden to be used as the certified voting lists delivered pursuant to law. The local board may, with the approval of the state board, divide the registry of any voting district into two (2) or more sections and containers for greater convenience of use at the polls. The container or containers and cards shall be used to determine the identity of every voter at the polling place, by signature comparison, as provided in this title. DEL}
{ADD A complete list of all qualified voters of each voting district, who are eligible to vote in the each such voting district in the election, as certified by said local board, shall then be delivered to the warden of each polling place to be used as the certified voting list for each voting district. Such certified list of voters for each voting district shall be signed and/or otherwise certified by the local board in accordance with regulations to be adopted by the state board. The local board may divide the registration of any voting district into two (2) or more sections for greater convenience of use at the polls. In addition each warden shall be provided with a certified list of all voters eligible to vote in such election in the entire city or town which list shall be signed and/or otherwise certified by the local board in accordance with regulations to be adopted by the state board. ADD}
{ADD 17-10-16. Challenge lists. -- ADD} The local board shall prepare and annex a "challenge list" to each voting list so canvassed and certified. The challenge list shall consist of the names and addresses of all persons who are determined to be ineligible to vote in the ensuing election, at any time after {DEL the registration binders have been locked, sealed, and certified to serve as the voting list as provided by this title DEL} . {ADD The final list of eligible voters has been certified by the local board. ADD} The challenge list shall also contain the names and addresses of all persons who have been furnished mail ballots. The challenge list shall also contain the names and addresses of all persons who, {DEL after the registration binders have been locked, become ineligible to vote for failure to comply with the provisions of section 17-1-3.3 DEL} {ADD after the final list of voters eligible to participate in the election have been certified, become ineligible to vote for failure to comply with section 17-9-25. Provided, however, that the state board, by regulation, may authorize local boards to code the certified list provided to voting district wardens to indicate the ineligibility of a voter or the status of a voter as a mail ballot voter, or the status of a voter as an inactive voter ADD} . Copies of the challenge lists shall be furnished to political party workers at each polling place.
SECTION 6. Section 17-11-1 of the General Laws in Chapter 17-11 entitled "Voting Districts and Officials" is hereby amended to read as follows:
{ADD 17-11-1. Division of towns and representative district into voting districts. -- ADD} The local board of any city or town may, on or before the sixtieth day preceding any election divide or redivide the town, or any representative district in the city or town, into voting districts. The local board of each city shall determine voting districts by geographical boundaries and by no other means. No voting district shall at any time comprise parts of two (2) or more wards. It shall be the duty of the board to divide the town, representative district, or ward, as the case may be, so that substantially not more than sixteen hundred (1,600) voters shall be served by the same polling place; provided, however, subject to the approval of the state board, a local board may provide for serving more than sixteen hundred (1,600) voters in the same polling place where the effect to the contrary would be of creating a polling place serving less than one hundred fifty (150) voters. A polling place may be located either within or without the voting district for which it is established, provided that a polling place may be located outside the district only upon unanimous determination of the local board and subject to the approval of the state board that a suitable place is not available within the voting district. {ADD In making the calculation required by this section, voters whose names are on the inactive list of voters shall not be included. ADD}
SECTION 7. Sections 17-15-13, 17-15-21 and 17-15-23 of the General Laws in Chapter 17-15 entitled "Primary Elections" are hereby amended to read as follows:
{ADD 17-15-13. Voting places -- Primary officials -- Party officials -- Appointment. -- ADD} (a) From lists submitted to it by the chairman of the state committees of each party, the board shall appoint and issue commissions to a sufficient number of qualified electors of this state to be primary inspectors so that one inspector may be assigned for each party to each primary polling place to work with the other primary officials of his or her party. The local board shall at least twenty (20) days previous to the primary select the place or places designated by it for holding the primary election provided for by this chapter. The local board shall at least seven (7) days before any primary election appoint for each polling place within its city or town a primary warden or moderator, and a primary clerk, in the following manner: if there are primary contests in both major political parties, the warden and clerk shall be appointed as provided in section 17-11-11; if there is a primary contest in only one of the major political parties, the warden and the clerk shall be selected from a list submitted by the local committee of the party in which the contest exists.
(b) The local board shall also appoint, from lists submitted at least ten (10) days prior to the date set for the holding of the primaries, four (4) supervisors, in the following manner: if there are primary contests in both major political parties, one supervisor shall be appointed for each party in the manner provided in section 17-11-11 and two (2) supervisors, one for each party, shall be appointed from lists submitted by a majority of the respective party candidates, other than those endorsed by the party committee; if there is no primary contest in one of the major political parties, two (2) supervisors shall be appointed from a list submitted by the local committee in which the contest exists, and two (2) supervisors shall be appointed from a list or lists submitted by a majority of the party candidates, other than those endorsed by the party committee. The local board may appoint such additional pairs of supervisors as it may deem necessary in the same manner above provided {DEL . DEL} {ADD and shall do so when directed by the state board. ADD}
(c) The local board shall also appoint for each party one watcher, two (2) checkers, and such number of runners, not to exceed three (3), as the appropriate party chairman may deem necessary, which watcher, checkers, and runners shall be designated as party officials. These party officials shall be appointed from lists of qualified electors who are qualified to vote at the respective party primaries which lists shall be furnished as aforesaid to the local board at least ten (10) days prior to the date set for the holding of the primary. If the party candidates or a majority of them, other than those endorsed by the party committee, shall notify the local board in writing of their choices, at least ten (10) days prior to the date set for the holding of the primaries, the local board shall likewise appoint one watcher, two (2) checkers, and such number of runners as it shall have appointed at the request of the party chairman, to act for them collectively. The local board shall give them certificates as party officials.
{ADD 17-15-21. Identification of party voters. -- ADD} Before permitting any person to vote in a primary election, the warden or clerk and bipartisan pair of supervisors assigned by the warden shall ascertain from the voting record appearing on the {DEL voter's registration record DEL} {ADD certified voting list ADD} that the voter is not disqualified to vote therein by the provisions of section 17-15-24. The ballot applications used by the party voters of each party shall be of a distinctive color and the front of the voting machine booths allocated to each party shall be marked with the same color. The warden shall take such steps as may be necessary to assure that each voter is directed to a voting machine upon which the voter is eligible to vote.
{ADD 17-15-23. Affidavit and examination of voter not listed. -- ADD} Any voter finding that his or her name is not on the {ADD certified ADD} voting list to be used at the primary election may make an affidavit before the local board, each member {ADD or employee ADD} of which is hereby empowered to take his or her affidavit, that he or she is not disqualified {DEL by reason of having voted in a primary of another political party and is not otherwise disqualified. DEL} {ADD from participating in said primary election under the provisions of section 17-15-24. ADD} The board may examine the voter and if it finds that the voter is qualified to vote in the primary the voter shall, upon making the affidavit above provided for, be allowed to vote {DEL . DEL} {ADD either at said local board or at the polling place for the voting district in which the voter resides. In the latter case, the local board shall issue a temporary registration certificate as provided in section 17-10-18. ADD} {DEL For purposes of administering the provisions of this chapter, DEL} {DEL l DEL} {ADD L ADD} ocal boards shall be {ADD required to be ADD} continuously in session during the hours assigned for voting in the town or city.
SECTION 8. Sections 17-19-4, 17-19-4.1, 17-19-16, 17-19-24, 17-19-27, 17-19-28 and 17-19-48 of the general laws entitled "Conduct of Elections, and Voting Machines, and Supplies" are hereby amended to read as follows:
{ADD 17-19-4. Voting machines -- State board -- Number to be furnished. -- ADD} For each voting district and for each town not divided into voting districts the state board shall furnish one or more voting machines as the situation and number of voters in that district or town may require. The machines furnished by the state board shall be equipped with ballot labels and adjusted for recording the votes of electors. At each voting place, both in cities and in towns, at least one machine shall be furnished for every five hundred (500) qualified electors, or fraction thereof, in excess of one hundred (100) whose names are upon the voting list used at the voting place and entitled to use the machines, as certified to the state board by the local boards on or before the tenth day of September, next preceding an election. {ADD In making the calculation required by this section, voters whose names are on the inactive list of voters shall not be included. ADD}
{ADD 17-19-4.1. Increase in number of voting machines required. -- ADD} Notwithstanding the provisions of section 17-19-4, as amended, for each voting district and for each town not divided into voting districts the state board of elections shall furnish one or more voting machines as the situation and number of voters in that district or town may require in all non-partisan primaries and elections; provided, however, that in the case of primaries at least one machine shall be furnished for every three hundred (300) qualified electors or fraction thereof in excess of one hundred (100) and in the case of elections at least one machine shall be furnished for every two hundred fifty (250) qualified electors or fraction thereof in excess of one hundred (100). {ADD In making the calculation required by this section, voters whose names are on the inactive list of voters shall not be included. ADD}
{ADD 17-19-16. ADD} {DEL State election inspectors -- Appointment--Duties--Compensation. -- DEL} {ADD State election inspectors--Appointment--Duties--Training--Compensation. -- ADD} The state board {DEL shall DEL} {ADD may ADD} appoint and issue commissions to {DEL a sufficient number of DEL} qualified electors of this state to be election inspectors {DEL so that one may DEL} {ADD to ADD} be assigned to {DEL each DEL} {ADD some or all ADD} election polling place {DEL , DEL} {ADD . ADD} {DEL and there may be such reserve inspectors not in excess of one for every four (4) contiguous voting districts as may be necessary as replacements to permit regular inspectors a relief period. DEL} On the day before any election the state board {DEL shall DEL} {ADD may ADD} assign {DEL one DEL} {ADD an ADD} election inspector to {DEL each election DEL} {ADD one or more ADD} polling place {ADD as the state board may determine ADD} . Each election inspector shall receive a sum not exceeding {DEL fifty DEL} {ADD sixty ADD} dollars {DEL ($50.00) DEL} {ADD ($60.00) ADD} to be fixed by the state board for each election at which the inspector serves. Each election inspector shall hold office at the pleasure of the state board, and shall observe the conduct of the elections at which the inspector is assigned to serve, and report to the state board immediately any irregularities the inspector may observe. {ADD Said state inspectors shall also perform such other and further duties as may be assigned to such inspectors by the state board and may be required to attend a training session conducted by the state board, for attendance at which said inspector shall be entitled to receive an additional $25.00 provided that said inspector is assigned to the performance of duties on election day and actually performs such duties. ADD}
{ADD 17-19-24. ADD} {DEL Procedure for voting -- Signature identification. -- DEL} {ADD Procedure for voting. -- ADD} (a) Each person desiring to vote shall state his or her name and residence, including that person's street address, if any he or she has, to one of the first pair of bipartisan supervisors, who shall thereupon announce the name and residence in a loud and distinct voice, clear and audible. As each voter's name is announced, the voter shall be handed a ballot application in the following form:
(b) The voter shall sign the application in the presence and view of a bipartisan pair. {DEL They shall locate the registration card of each voter who applies for a ballot and shall compare the signature on the ballot application with the signature appearing on the registration card. Upon being satisfied with the identification of the voter, by comparison of the signatures, they shall initial the ballot application in the place provided next to the word "Approved," and shall enter in the voting record a proper notation that the applicant has voted in the election. DEL} {ADD They shall locate the voter's name on the certified voting list for such voting district. Upon finding the voter's name on said certified voting list for such district they shall initial the ballot application in the place provided next to the word "Approved" and shall enter on said certified list of voters a proper notation that the applicant has voted in the election. ADD} They shall then return the ballot application to the voter who shall pass down the line and present it to the clerk. After the voter has handed the approved ballot application to the clerk, the warden shall direct the voter to the machine which the voter shall use, and unless the voter needs instruction or assistance as provided in this chapter the voter shall at once operate the latch and enter the machine, and shall vote by means of the devices, and having voted, the voter shall leave the machine and leave the enclosure at once. No voter shall remain within the machine longer than two (2) minutes, and if the voter refuses to leave after the lapse of two (2) minutes, the voter shall be removed therefrom by order of the warden. Except for the election officials and the election inspector, not more than two (2) voters in excess of the number of machines shall be permitted within the enclosed space at any time.
{ADD 17-19-27. Affidavit as to identity of voter challenged--Penalty for false affidavit. -- ADD} (a) Whenever the identity of any person offering to vote is challenged at the polling place {DEL or whenever a person's registration cards have been marked "Inactive" DEL} that person shall be permitted to vote only upon making and filing with the warden an affidavit in substantially the following form:
Under the penalty prescribed by law I hereby make affidavit that I am ____ (here insert name) whose name appears upon the voting list certified for use at the polling place in voting district ____ of the city (or town) of ____, senatorial district ____, representative district ____, on the ____ day of ____ A.D. 19 __, and that the above name under which I offer to vote is my own name. ______________ (Signature) Subscribed and sworn to on this ____ day of ____ A.D. 19 __, before me ______________ Warden Witness: ______________
(b) Any person required to sign the above mentioned affidavit shall step out of line so that others may vote and the warden shall thereupon fill out the affidavit and a copy and permit that person to read and sign it and shall administer the oath as required hereunder, for which purpose every warden is hereby empowered to administer, and to attest it with his or her signature in proof of the administration of the oath. The designated election official appointed on behalf of the opposite political party to that of the warden shall witness the voter's signature and shall sign his or her own name in the appropriate space. The original shall be retained by the warden and the copy shall be handed to the voter, who shall forthwith be permitted to vote.
(c) At the closing of the polls, the warden shall seal up the affidavits and cause them to be delivered to the local board together with the voting lists.
(d) Every person who shall make a false affidavit under this section shall be guilty of a felony.
{ADD 17-19-28. Temporary registration certificates. -- ADD} (a) Any person whose name is not on the {ADD certified ADD} voting list {ADD for the city or town in which said voter resides ADD} and who claims a right to vote may apply to the local board for a certificate entitling that person to vote. Upon receipt of any application for a certificate, accompanied by proof of the identity of the applicant, the local board shall inspect the registry records retained in the office of the board, and if the inspection discloses that the applicant is qualified to vote at the election the board shall issue to the applicant its certificate, duly signed manually by the board or a member thereof, a copy of which shall be retained by the board, addressed to the warden of the voting district in which the applicant is found to be qualified to vote, which certificate shall be marked "Temporary certificate of registration" and shall have the same force and effect as the inclusion of the applicant's name on the certified voting list. The certificate shall be presented to the warden and when so presented may be examined by the warden and by a designated election official appointed on behalf of the opposite political party. It shall then be retained by the warden and returned to the board at the time prescribed for the return of the {DEL original registration cards. DEL} {ADD certified voting list. ADD}
(b) At the time that a temporary certificate is issued by the local board a proper record of this action shall be made and signed by the members thereof who ordered the issuance of the certificate.
(c) At the same time a voter receives a temporary certificate the board shall prepare a new registration card or cards, if necessary, containing the same information shown by the registry records, which shall be executed and signed as provided in section 17-9-6; and if at any other time a registration card of any person is not found and the local board determines that the person was duly registered or is entitled to be registered, new registration cards shall be completed in the same manner, if necessary.
{ADD 17-19-48. ADD} {DEL Posting of duplicate cards. -- DEL} {ADD Posting of original voter registration records. -- ADD} Following the return of {ADD certified ADD} voting lists to the local boards, each board shall cause the {DEL duplicate registration cards to be conformed to the originals by posting the appropriate voting facts, and shall post both cards with DEL} {ADD original registration records to reflect the appropriate voting facts from the immediately preceding election and shall also post ADD} the appropriate voting facts set forth in the list of absentee voters furnished by the state board pursuant to the requirements of chapter 22 of this title following the counting, canvassing, and tabulation of votes cast pursuant to chapter 20 of this title. {ADD The state board, by regulation, shall provide direction to local boards in the recording of such facts and information. ADD}
SECTION 9. Section 17-21.1-3 of the General Laws in Chapter 17-21.1 entitled "Registration and Voting in Federal Elections by Citizens Residing Outside the United States" is hereby amended to read as follows:
{ADD 17-21.1-3. Procedure on registration. -- ADD} Every person duly qualified to vote who by reason of his or her absence from the state, as provided in section 17-21.1-2, and desiring to register pursuant to the provisions of this chapter, shall do so in the following manner:
(1) The person shall make application in writing to the local board in the city or town in which that person was last domiciled in this state for the form necessary to register.
(2)(A) The local board shall proceed to furnish the applicant with a {DEL form upon which the person shall provide the information necessary for registration. DEL} {ADD registration form and affidavit form as provided below. ADD}
(B) The following, in addition to such direction as may be printed, stamped, or written thereon by direction of the local board, shall be substantially the form of affidavit to be subscribed to by the person, viz:
(Affix official seal or certificate of authority.)
(Consular officer or other officer, authorized by the law of place of attestation to administer an oath, must administer the above.)
(3)(A) {DEL When the form is returned to the local board, together with such proof of citizenship as is required by law, the local board shall transfer the information to an original and two (2) duplicate registration cards and shall forward the original and duplicate cards to the person for his or her signature, above which shall be the following certification:
"I hereby certify that the information recorded on this form is true."
(B) When the original and duplicate registration cards, duly executed, are returned to the local board, the person shall be deemed to have completed his or her registration and the original and duplicate cards shall be filed in the same manner as other original and duplicate registration cards, except the cards shall be maintained separately and shall refer only to eligibility to vote for federal officers as provided by this chapter. DEL} {ADD When the registration form and affidavit are duly and correctly completed and returned to the local board together with such proof of citizenship as may be required by law, the person shall be deemed to have completed his or her registration and the registration card shall be filed in the same manner as other original registration cards, except such cards shall be maintained separately and shall refer only to eligibility to vote for federal officers as provided by this chapter. ADD}
SECTION 10. Section 42-6-14 of chapter 42-6 of the general laws entitled "Departments of State Government" is hereby repealed in its entirety.
{DEL 42-6-14. DEL} {DEL Registration of voters by state agencies and departments. -- DEL} {DEL (A) Commencing January 1, 1992, nonpartisan voter registration services shall be provided to qualified electors of this state by every state department or agency which has as one of its functions the taking of applications from members of the general public for services offered or provided by the state of Rhode Island. The registration services shall only be provided at the department or agency's business office during normal hours and days of business by employees whose job duties include the receiving of or assisting with applications for services, licenses or benefits from state government. Such departments and agencies shall include, but not be limited to, the department of labor, the state house library, the division of motor vehicles of the department of transportation and any community based office thereof; provided, however, the department of employment security and other departments, where applicable shall be exempt from the requirements of this section to the extent that a particular benefit or service provided by it is funded, in whole or in part, by the federal government.
In addition, such nonpartisan registration services may be a condition of every state contract with a nonprofit corporation which acts as an agent of the state in receiving or assisting with applications for services, licenses or benefits from state government.
(B) Notice of nonpartisan voter registration services shall be provided by means of large prominently displayed signs. If a person declares that he or she wants to be registered and if he/she is otherwise a qualified elector of this state, the person shall be furnished an application for registration and be permitted to register on the premises.
(C) Within ninety (90) days after January 1, 1992, the director of each state department or agency to which subsection (A) of this section applies, shall submit to the board of elections a sufficient number of names of employees for appointment as registrars. If otherwise qualified, the persons named by the director of the state agency shall be appointed by the board of elections as registrars and persons so appointed shall have all the powers, duties and obligations required of registrars under the law. All persons so appointed to serve as registrars shall be required to attend training seminars during their working hours which shall be conducted by the board of elections.
(D) Nonprofit corporations contracting with the state to provide health and other social services to the public may submit the names of appropriate employees to the board of elections for appointment as registrars. If otherwise qualified by the board of elections, the persons so named shall be appointed registrars by the board of elections and shall have all the powers, duties and obligations required of registrars under the law.
(E) The board of elections shall designate a member of its staff as the state agency voter registration coordinator. The state agency voter registration coordinator shall supervise the state agency voter registration program, develop and distribute information and publicity materials concerning the program and monitor the timely compliance of the provisions of this section. The board of elections shall promulgate rules and regulations as are necessary to implement and administer this section.
(F) There shall be a pilot program established in the department of transportation in the Providence office of the division of motor vehicles for active registration, which shall include a routine inquiry on the agency intake form or an attachment to it which asks if the person receiving services desires to register to vote as a resident of his or her current address. This pilot program shall be for a period of one (1) year and shall be administrated by the division of motor vehicles, which may use volunteers for the purpose of implementing this chapter. An advisory board shall be formed to help draft the policy and help recruit volunteers for this program and the division shall report back to the governor and the board with an evaluation of the program at the end of one (1) year.
The advisory board shall consist of seventeen (17) members appointed by the governor which shall include the following as members: the secretary of state or her designee, one (1) member from the division of motor vehicles, one (1) member from the league of women voters, one (1) member of the urban league, one (1) member of the Rhode Island electoral coalition, and one (1) member of common cause. Three (3) members shall be from the general assembly, two (2) members from the house of representatives, no more than one (1) from the majority party with both appointments from the speaker. One (1) shall be appointed from the senate by the majority leader.
The board shall meet within thirty (30) days of this act becoming law and the pilot program shall commence no later than December 1st, 1989.
(G) Nothing contained herein shall be construed to prohibit private voter registration activities in the public areas of state departments and agencies. DEL}
SECTION 11. This act shall take effect January 1, 1995.