410-RICR-20-00-19. Voter Registration (version Amendment, 03/03/2008 to 08/26/2008)

RULES AND REGULATIONS FOR VOTER REGISTRATION ADOPTED BY THE RHODE ISLAND BOARD OF ELECTIONS Promulgated by order of The Rhode Island State Board of Elections John A. Daluz, Chairman RULES & REGULATIONS FOR VOTER REGISTRATION ADOPTED BY THE RHODE ISLAND BOARD OF ELECTIONS The Rhode Island Board of Elections hereby adopts the within rules and regulations relating to voter registration pursuant to and in accordance with R.l Gen. Laws §§17-7 et seq. and 17-9.1 et seq. Said rules and regulations are adopted pursuant to the Administrative Procedures Act (R.l 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 registration requirements of United States Public Law 107-252 ("Help America Vote Act of 2002") and to address those voter registration 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. "CVRS" shall mean "Central Voter Registration System", which is a database maintained by the Office of the Secretary of State as a statewide voter registration and election history computer system. "Election Day" shall mean any time the polls are open for the conduct of an election, primary, or referendum. "Secretary of State" or "Secretary" shall mean the Office of the Secretary of State of Rhode Island. "State ID" shall mean an identification card issued by the Rhode Island Department of Motor Vehicles. "Voter Identification Number" ("Voter ID")" shall mean the number assigned to each registered voter by the CVRS. "Voter Registration Agency" shall mean an office designated by the State Board to perform voter registration activities. Offices so designated include: Board Of Elections, Office of the Secretary of State, local Boards of Canvassers, Division of Motor Vehicles, Department of Corrections, Department of Human Services, Department of Mental 2 RULES & REGULATIONS - VOTER REGISTRATION Health, Retardation & Hospitals, Department of Health Women, Infants & Children program, armed forces recruitment offices and any other offices designated by the state board. "DMV" shall mean the Rhode Island Division of Motor Vehicles. Section 3. Voter Rel!istration Forms Persons may register to vote in Rhode Island by completing a Rhode Island Voter Registration Form or a voter registration application prepared by the Federal Election Assistance Commission (EAC) or in a manner and format prescribed and authorized by the Board of Elections. A. Registration Form The state board shall publish a Rhode Island Voter Registration Form and instructions that includes: Item 1. Declaration of "Citizenship" & "Age" The applicant shall be required to check the appropriate boxes indicating if he/she is: a) a citizen of the United States and b) will be 18 years of age on or before election day. The applicant shall be informed if he/she answers "No" to either question he/she is ineligible to register to vote. Item 2. Rhode Island Driver's License or State ID Card Number / Last 4 Digits of Social Security Number The applicant shall provide his/her RI driver's license number or RI State ID. In the case of an applicant who has not been issued a current and valid RI driver's license or a current and valid RI State ID, he/she shall provide the last 4 digits of his/her social security number. An applicant who does not have a RI driver's license, RI State ID or social security number shall place a check mark in the box provided. Item 3. Applicant's Full Name The applicant shall print his/her last name, first name and middle name (or initial). Item 4. Home Address (where the applicant currently resides) 3 RULES & REGULATIONS - VOTER REGISTRATION The applicant shall enter the full address of the city/town where he/she resides including the street address and apartment number or rural route number and box, and zip code. (Note: a post office box shall not be considered a residence) Homeless residents of Rhode Island may register to vote from the address of the board of canvassers of their city/town or may provide a location to the board of canvassers of their city/town where they are commonly located. Item 5. Item 6. Item 7. Mailing Address (address where mail IS received if different from #4) Date of Birth Phone Number or E-Mail Address (optional) Item 8. Party Affiliation An applicant may choose to register with a "recognized" political party in Rhode Island by placing a check mark in the appropriate box. An applicant who does not wish to register with a party shall check "Unaffiliated." An applicant who leaves Item #8 blank or includes the name of a political organization that is not a "recognized" political party in Rhode Island will be registered as "Unaffiliated." Item 9. Affirmation, Signature & Date The applicant shall be required to: a) sign his/her name (or make his/her mark) in ink and b) enter the date of the registration. Item 10. Applicant Requiring Assistance If the applicant is unable to complete the voter registration fonn, the person who assists the applicant shall provide his/her name, address and phone number (phone number is optional). If assistance was provided to the applicant by a staff member of a voter registration agency where the application was completed, this item may be left blank. Items 11 &. 12 need onlv be completed bv persons who are registered voters and who have changed their name and/or address 4 RULES & REGULATIONS - VOTER REGISTRATION Item 11. Previous Name If an applicant is registered to vote and has since changed their name, the registrant's name, as recorded on their previous registration, shall be included here. Item 12. Your Previous Address If an applicant was previously registered to vote from another address (other than that entered in Item #4), then the previous address including the street number and name, city or town, state and zip code shall be entered here. B. Voter Registration Form Submission Categories The manner in which voter registrations may be submitted and the effective date of registration shall be as follows: 1 "In-Person" registrations are those registrations that are delivered "in-person" by the applicant or are completed by the applicant at a local Board of Canvassers, the State Board, the Office of the Secretary of State or any other location where election officials are available to assist registrants and receive the registration forms. The effective date of registration shall be the date of submission of the completed registration form to the state or local board. 2) "Third Party" registrations are voter registrations that are delivered by someone other than the applicant to either the state board or local Board Canvassers. The effective date of registration shall be the date of submission by the "third party" of the completed registration form to the state or local board. 3) "Agency" registrations are those voter registrations that are executed at state agencies by persons applying for services and forwarded to the State Board or local Board of Canvassers by the agency at which the registration was executed. The effective date of registration shall be the date the registration form was completed at the agency. 4) "Mail" registrations are those registrations mailed through the United States Postal Service or delivered by commercial carrier to the state board or a local board of canvassers. The effective date of registration for registrations shall be the date the completed registration form is postmarked, however if there is no postmark or the postmark is illegible and the registration form is received within 5 days of the registration deadline, then the 5 RULES & REGULATIONS - VOTER REGISTRATION application is effective on the last day to vote for that election. If there is no postmark or the postmark is illegible and the registration form is received more than 5 days after the registration deadline, then the effective date of registration is the date received by the state or local board. 5) Division of Motor Vehicles ("DMV") registrations are those registrations executed at, and transmitted by, the DMV in the manner prescribed by the state board. The effective date of registration shall be the date the registration was completed at the DMV. c. Incomplete and/or defective registrations Registrations that are determined to be incomplete or defective by election officials shall be processed as follows: 1. A registration from a fIrst-time applicant registering to vote after January 1,2003, that does not contain a RI driver's license number, a RI State ID number, the last four digits of a social security number or acknowledges that the applicant cannot provide the requested identifIcation number, shall be processed under the identifIcation requirements promulgated in Section 4. 2. Registrations not containing any selection of a recognized political party in RI or containing a selection for an unrecognized political party in RI shall be processed as Unaffiliated. 3. Registrations that do not indicate a person is a U.S. Citizen, I8-years-old by the next election or is missing the applicants signature, shall not be accepted or processed and shall be returned to the applicant by the local board within 7 days of its receipt with notifIcation of the reason the registration was not accepted. If the applicant fails to provide the missing information on or before the twentieth day before the next election, the registration shall be rejected and the applicant notifIed by the local board of the rejection within 7 days. 4. Applicants whose registrations fail to indicate the applicant's full name, address or does not indicate their date-of-birth, shall be notifIed of the omission by the local board within 7 days with notice that the applicant has until the 20th day prior to the next election to correct the defect to be eligible to vote. Ifthe applicant responds to the notice and corrects the defect within the required time-fame, the effective date of registration shall be the date the registration was initially submitted. If the applicant fails to provide the missing information on or before the twentieth day before the next election, the registration shall be rejected and the 6 RULES & REGULATIONS VOTER REGISTRATION applicant notified by the local board of the rejection within 7 days. D. Currently registered voters Notwithstanding the provisions and requirements of this section, election officials shall accept and process a registration form which has been signed and submitted by an individual who is currently a registered voter in Rhode Island and who is submitting the form for the purpose of changing his/her name and/or address or to change his/her political party affiliation. E. Voter affirmation forms A Voter Affirmation form (R.I.G.L. §17-9.1-16) completed and signed at the polling place on Election Day by an individual who is at that time a registered voter within the city/town where the Voter Affirmation card is submitted, may be used for the purpose of changing his/her name and/or address. Section 4. First-Time Voter Registration Applicants In Rhode Island - Identification Requirements The following are the acceptable forms of identification for first-time voter registration applicants, which must be provided to the Board of Canvassers on or before Election Day or at the polling place prior to voting. A. Verified Identification: The applicant's Rl driver's license number, Rl State ID number or last 4 digits of the applicant's Social Security number. The Rl driver's license number, Rl State ID number, or last 4 digits of the Social Security number as provided on the voter registration form by an applicant registering to vote for the first-time in Rhode Island shall be entered into the statewide Central Voter Registration System ("CVRS") and verified through the database of the DMV (if the voter chooses to use this option at the polling place the voter shall vote a provisional ballot); or B. Unverified Identification: A copy of a current and valid photo identification provided by a third party in the ordinary course of business that includes the name and photograph of the individual presenting it. Examples of photo identification include, but are not limited to: • Driver's license or identification card of any state; • U.S. Passport; • Employee identification card; • Identification card provided by a commercial 7 RULES & REGULATIONS - VOTER REGISTRATION establishment; II Credit or debit card; II Military identification card; II Student identification card; II Health club identification card; II Insurance plan identification card; II Public housing identification card Or a copy of any of the following documents, provided that the document includes the name, and current address of the individual 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 pardon or discharge: II Utility bill; II Bank statement; II Government check; II Government paycheck II Document issued by a government agency; II Sample ballot or other official elections document issued by a governmental agency, dated for the election in which the individual is providing it as proof of residency or identity; II Voter notification card issued by a governmental agency; II Public housing identification card issued by a governmental agency; II Lease or rental statement or agreement issued by a governmental agency II Student identification card issued by a governmental agency; II Tuition statement or bill issued by a governmental agency; II Insurance plan card or drug discount card issued by a government agency; II Discharge certificates, pardons, or other official documents issued to the individual by a governmental agency in connection with the resolution of a criminal case, indictment; sentence; or other matter; 8 RULES & REGULATIONS - VOTER REGISTRATION •• Public transportation authority senior citizen and disabled discount cards issued by a governmental agency; •• Identification documents issued by governmental disability agencies; •• Identification documents issued by government homeless shelters and other government temporary or transitional facilities; •• Drug prescription issued by a government doctor or other governmental health care provider; •• Property tax statement issued by a governmental agency; •• Vehicle registration issued by a governmental agency; •• Vehicle certificate of ownership issued by a governmental agency. C. Confidentiality To the extent permitted by law, all applicants' RI driver's license numbers, RI State ill numbers, the last 4 digits of applicants' Social Security number or photocopies of all such documents and any other documents submitted in conjunction with meeting the identification requirements for first-time voter registration applicants shall remain confidential and shall only be available to election officials solely for election purposes and shall not be part of the public record or available for public inspection. D. Declarations of candidacy Notwithstanding any other provisions of these rules and regulations, a person filing a declaration of candidacy whose application for voter registration is subject to the requirements of Section 7 shall be required to present the necessary identification to the appropriate local board prior to or at the time of filing said declaration. Section 5. Same-Day Voter Registration for Individuals Voting for President and Vice-President - Verification of Information In accordance with R.I.G.L. § 17-1-3, a person who has not registered to vote, or whose registration has been canceled pursuant to § 17-10-1, may cast a vote for president and vice-president on Election Day at his or her city or town hall, if the person acknowledges that he/she is at least 18 years of age, a U.S. Citizen, a resident of RI and presents a valid form of identification as promulgated in Section 4. 9 RULES & REGULATIONS - VOTER REGISTRATION Section 6. CVRS-issued Identification Numbers Of Re!!:isteredVoters The CVRS shall assign a unique "voter identification number" to every registered voter. Section 7. 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 are adopted this 7-r--t.. day of February 2008 pursuant to the Administrative Procedures Act (R.I.G.L. 42-35-1, et seq.). By Order of the Rhode Island Board of Elections #;h0 ate 'l-t, Adopted at a meeting of the State Board of Elections held on this __ 7_ day of February 2008. Witnessed by -J obert Kando, Executive Director 10 o1-!r4J> Date