410-RICR-20-00-18
410-RICR-20-00-18. Voter Identification (version Adoption, 03/22/2012 to 03/22/2012)
RULES AND REGULATIONS
FOR VOTER IDENTIFICATION
Promulgated
by order of
The Rhode Island State Board of Elections
Frank J. Rego, Chairman
RULES & REGULATIONS
FOR VOTER IDENTIFICATION
ADOPTED BY THE RHODE ISLAND BOARD OF ELECTIONS
The Rhode Island Board
of Elections
hereby proposes
rules and regulations
relating to voter identification pursuant to and in accordance with R.I. Gen. Laws §§17-7
et seq. and 17-19 et seq., due to the enactment of Rhode Island General Law §17-19-24.2
effective January 1, 2012
Said rules and regulations are adopted pursuant to the Administrative
Procedures
Act (R.I.G.L. §42-35 et seq.) and are available for public inspection at the offices of the
Rhode
Island
Board
of Elections,
50 Branch
Avenue,
Providence,
Rhode
Island
Section 1. Purpose
These rules and regulations are adopted by the Board of Elections for the purpose
of implementing the voter identification (Voter ID") requirements ofRI.
Gen. Law §17-
19-24.2 and to address those voter identification issues not otherwise specifically referred
to in the Rhode Island General laws.
Section 2. Definitions
Board of Canvassers or Local Board shall mean the Board of Canvassers in a city or
town.
Board of Elections or State Board shall mean the Rhode Island Board of Elections.
Current and Valid shall mean the document has not expired by its terms prior to the
date it is presented.
Election
Day shall mean any time the polls are open for the conduct of a primary,
general or special election, or referendum.
ID shall mean identification.
Non-Photo ID is further described in Section 3(B) below, and shall mean a current and
valid document without a photograph of the person to whom the document was issued
Photo ill is further defined in Section 3(A) below, and shall mean a current and valid
document that includes a photograph of the voter.
Proof of identity shall mean current and valid identification
RI shall mean the State of Rhode Island.
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Voter identification
card shall mean a voter identification issued by the Rhode Island
Secretary of State.
Section 3. Proof of Identitv
Any person claiming to be a registered and eligible voter who desires to vote on
Election Day shall provide proof of identity.
Acceptable proof of identity is as follows:
A.
Photo Identification
Voters presenting themselves to vote at the polling place shall present to
polling place election officials a current and valid document listed below, that
includes a photograph of the person to whom the document was issued:
1)
Rhode Island Driver's license;
2)
Rhode Island voter identification card
3)
United States passport;
4)
Identification issued by a United States educational
institution;
5)
United States military identification card;
6)
Identification card issued by the United States or
the State of Rhode Island;
7)
Government issued medical card;
8)
Employee identification card;
9)
Identification card provided by a commercial
establishment;
10)
Credit or debit card;
11)
Health club identification card;
12)
Insurance plan identification card;
13)
Public housing identification card.
B.
Non- Photo Identification
On any Election Day held before January 1, 2014, a voter need not present a
Photo ID and, instead may present a Non-Photo ID. Such identification must
include the name and address that matches the pollbook of the Voter
presenting it, and is dated since the date of the last general election, unless the
document is intended to be of a permanent nature such as a birth certificate,
social security card or a government issued medical card, then only a name is
required.
Such valid Non-Photo ID documents include:
1)
Birth certificate;
2)
Social Security card;
3)
Government issued medical card;
4)
Utility bill;
5)
Bank statement;
6)
Document issued by a government agency;
7)
Lease or rental statement;
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8)
Student identification;
9)
Tuition statement or bill;
10)
Insurance plan card;
C.
Failure to present current and valid identification
Up to and including January 1, 2014, if a person claiming to be a registered and
eligible voter does not present a valid Photo ID or Non-Photo ID to the polling place
official on Election Day, in accordance with either Section 3(A) or (B) above, said
person shall be provided a provisional ballot pursuant to RIGL 17-19-24.2.
The
local board shall determine the validity of the provisional ballot pursuant to RIGL
17-19-24.3 and regulations established by this board governing provisional ballots.
For any Election Day that occurs after January 1, 2014, if a person claiming to be a
registered and eligible voter does not present a valid Photo ID to the polling place
official, in accordance with Section 3(A 1 through 7) above, said person shall be
provided with a provisional ballot, pursuant to RIGL 17-19-24.2.
The local board
shall determine the validity of the provisional ballot pursuant to RIGL 17-19-24.3
and rules & regulations established by this board governing provisional ballots.
D.
First time mail or third party voter registration applicants in Rhode Island -
identification
requirements.
In accordance with the Help America Vote Act of 2002 ("HA VA"), first-time mail
or third-party voter registrations applicants must present the current and valid
identification types as required under HAVA and rules & regulations governing
voter registration established by this board in addition to RIGL 17-19-24.2.
Section 4. Implementation
The Board of Elections may promulgate procedures and forms necessary to
implement the within rules and regulations required under the Rhode Island General
Laws.
These rules and regulations were adopted at a meeting of the State Board of
Elections held on the Twenty-second
day of February, 2012 pursuant to the
Administrative
Procedures Act (RI.G.L.
42-35-1, et sq.).
By Order of the Rhode Island Board of Elections
Frank 1. Rego, Chairman
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Date
Witnessed by
Robert Kanda, Executive Director
Date
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