Rules and Regulations of the Rhode Island Secretary of State Establishing the Procedure for the Issuance of Voter Identification Cards (100-RICR-20-00-3)


100-RICR-20-00-3 ACTIVE RULE

3.1 Authority/Purpose

A. The Department of State is responsible for the issuance of Rhode Island Voter Identification (“Voter ID”) Cards upon request by Voters (R.I. Gen. Laws § 17-19-24.2).

B. Rules and regulations are established in accordance with the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35) and available for public inspection, submissions or requests at the Department of State, Administrative Records Division, State Library, State House, 82 Smith St., Providence, Rhode Island 02903.

3.2 Definitions

“Current and Valid” means a document that has not expired by its terms prior to the date the document is presented.

“CVRS” means the State’s Central Voter Registration System (R.I. Gen. Laws § 17-6-1.2).

“Voter” or “Voters” means an individual(s) who has (have) registered to vote pursuant to State law or Regulation.

“Voter ID Application" means a form prescribed by the Department of State which is submitted by the Voter at the time a Voter ID Card is requested and which shall include all information required by the Department of State.

“Voter ID Card” means a Voter Identification Card issued to a voter who qualifies for such card under State law and this Part.

3.3 Procedure to Obtain a Voter ID Card

A. All Rhode Island Voters who do not possess any of the current and valid Voter Identifications listed in § 3.3(B) of this Part are eligible to obtain a Voter ID Card by submitting a Voter ID Application to the Department of State.

B. Voters who possess one of the following forms of current and valid photo identification will not be eligible to acquire a Voter ID Card because they already possess a current and valid identification for voting:

1. Rhode Island driver’s license/permit;

2. United States passport;

3. Identification card issued by any federally recognized tribal government;

4. Identification card 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; or

7. Government issued medical card

C. Voters who do not possess one of the forms of current and valid photo identifications listed in § 3.3(B) of this Part, at the time of application, will be required to provide one of the following documents from either §§ 3.3(C)(1) or (2) of this Part below:

1. A current and valid identification:

a. Employee identification card;

b. Identification card provided by a commercial establishment;

c. Credit or debit card;

d. Military identification card;

e. Student identification card;

f. Health club identification card;

g. Insurance plan identification card;

h. Public housing identification card

2. A copy of any of the following documents, provided that it includes the name of the Voter presenting it and is dated after the date of the last general election, unless the document is intended to be of a permanent nature such as a pardon or discharge:

a. Utility bill;

b. Bank statement;

c. Government paycheck;

d. Document issued by a government agency;

e. Official elections document issued by a government agency, dated for the election in which the registered voter is providing it as proof of identity;

f. Voter notification issued by a governmental agency;

g. Public housing identification card issued by a governmental agency;

h. Lease or rental statement or agreement issued by a governmental agency;

i. Student identification card issued by a governmental institution/agency or non-governmental institution/agency;

j. Tuition statement or bill issued by a governmental agency;

k. Insurance plan card or drug discount card issued by a government agency;

l. Discharge certificates, pardons, or other official documents issued to the registered voter by a governmental agency in connection with the resolution of a criminal case, indictment, sentence or other matter;

m. Public transit authority senior citizen and disabled discount cards issued by a governmental agency;

n. Identification documents issued by governmental disability agencies;

o. Identification documents issued by homeless shelters and other temporary or transitional facilities;

p. Drug prescription issued by a government document or other governmental health care provider;

q. Property tax statement issued by a governmental agency;

r. Vehicle registration issued by a governmental agency; or

s. Vehicle certificate of ownership issued by a governmental agency

D. Voters who do not possess one of the forms of identification listed in § 3.3(C) of this Part at the time of application may still apply. The Department of State shall compare the voter’s signature on the Voter ID Application to the signature on file for the Voter in the CVRS. If it is determined that the signatures match, the Voter ID Application shall be valid and a Voter ID Card shall be issued.

E. Voters who submit a Voter ID Application which contains a false or erroneous statement or is defective in any important fact with intent to mislead the Department of State shall be guilty of a misdemeanor and upon conviction shall be imprisoned for a term not exceeding one year or be fined an amount not exceeding one thousand ($1,000.00) dollars.

F. The Voter ID Card issued by the Department of State shall include, but not be limited to:

1. the Seal of the State of Rhode Island;

2. the name of the Voter as it appears in the CVRS;

3. a color photo of the Voter;

4. a holographic security feature;

5. a disclaimer stating that the card is to be used only for the purpose of voter identification and is not proof of voter eligibility;

6. other features as the Department of State shall determine.

3.4 Where to Obtain Voter Identification Cards:

A. Department of State, Elections Division, 148 West River Street, Providence, RI 02904;

B. The Department of State's mobile unit will visit locations around Rhode Island. Locations are determined by the Department of State;

C. Such other locations throughout Rhode Island as the Department of State shall determine.

D. For information regarding the location and schedule of the Department of State's mobile unit site visits, please contact the Department of State’s Elections Division at 401-222-2340 or visit www.sos.ri.gov.

3.5 Cost and Validity of Voter ID Cards:

There shall be no cost or fee to Voters to acquire the Voter ID Card. Voter ID Cards will only be valid while a voter's status is Active or Inactive in the CVRS. Issuance of a Voter ID Card does not, in and of itself, give an individual the right to vote. An individual will need to comply with all other provisions of State and Federal Law to be allowed voting status within Rhode Island.

3.6 Procedure to Update or Replace Lost/Misplaced or Stolen Voter ID Cards

Voters who desire to update their Voter ID Card or who lose, misplace or report their Voter ID Card stolen, may apply for an updated or replacement Voter ID Card following the identical process for acquisition of an original Voter ID Card.



Title 100 Department of State
Chapter 20 Elections
Subchapter 00 N/A
Part 3 Rules and Regulations of the Rhode Island Secretary of State Establishing the Procedure for the Issuance of Voter Identification Cards (100-RICR-20-00-3)
Type of Filing Amendment
Regulation Status Active
Effective 03/20/2018

Regulation Authority :

R.I. Gen. Laws § 17-19-24.2

Purpose and Reason :

The Rules and Regulations of the Rhode Island Secretary of State Establishing the Procedure for the Issuance of Voter Identification Cards was established to provide the Department of State and the public with established procedures for acquisition of a voter ID card. The proposed amendment changes references of “Secretary of State” to “Department of State” and clarifies/removes ambiguous language. § 3.3(B) is amended to reflect the current list of valid forms of identification that are sufficient for voting purposes by adding Rhode Island driving permits and identification cards issued by any federally recognized tribal government. The additions are consistent with a determination made by the Board of Elections on July 20, 2016 and October 19, 2016, respectively. No comments were received during the public comment period or at the public hearing held on January 18, 2018.

There are no electronic rulemaking documents for rules filed prior to August 14, 2018. For rulemaking documents for rules filed prior to this date, please contact the appropriate agency's Rules Coordinator.