2013 -- S 0448

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LC01757

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

     Introduced By: Senators McCaffrey, and Lombardo

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 17-20-16, 17-20-21 and 17-20-22 of the General Laws in Chapter

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17-20 entitled "Mail Ballots" are hereby amended to read as follows:

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     17-20-16. Time of casting vote. -- Mail ballots may be cast in the manner provided by

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law on or before election day; provided, that no mail ballot shall be counted unless it is received

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by the state board not later than nine o'clock (9:00) eight o'clock (8:00) p.m. local time on

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election day.

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     17-20-21. Certifying envelopes. -- The secretary of state shall cause to be prepared and

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printed and shall furnish with each mail ballot an envelope for sealing up and certifying the ballot

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when returned. The envelope shall be printed in substantially the following form:

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     "After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to

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statement hereon. Enclose in envelope addressed to board of elections, which must receive the

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envelope not later than nine o'clock (9:00) eight o'clock (8:00) p.m. the day of election."

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     Date of Election:______________ City/Town of:______________________________

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     Certificate of Voter

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     Print Name of Voter

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     I swear or affirm, under penalty of perjury, that I am:

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     ? I am a United States citizen;

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     ? I am a resident and qualified voter of the State of Rhode Island;

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     ? I am eligible to cast a mail ballot under the provisions of section 17-20-2; and

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     ? I am not qualified to vote elsewhere.

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     Voter must sign full name here:________________________________________

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     (If unable to sign name because of physical incapacity or otherwise, voter shall make his or her

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mark "(X)").

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     I hereby attest under penalty of perjury that the enclosed voted ballot was cast, and the signature

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or mark on this certifying envelope was made by the voter whose name appears on the label

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above.

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     Before me the _____________ day of ______________ 20________, at ________________ (city

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or town), county of ________________, state of __________________, personally appeared the

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above named voter, to me known and known by me to be the person who affixed his or her

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signature to this ballot envelope.

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     _______________________________________________

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     Notary Public

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     Notary must also print his or her name

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     Witness:

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     __________________________

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     (Signature) (Residence)

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     Note: Mail ballots must either be sworn to before a notary public or before two (2)

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witnesses who must sign their names and addresses.

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     17-20-22. Certification envelopes for mail ballots of persons intimately connected

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with military service and persons employed outside of the United States. -- The distinctively

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colored certification envelope for persons intimately connected with military service and persons

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employed outside of the United States shall be printed in substantially the following form:

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     After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to

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statement hereon. Enclose in envelope addressed to board of elections, which must receive the

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envelope not later than nine o'clock (9:00) eight o'clock (8:00) p.m. the day of election.

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     Date of Election______________ City/Town of__________________

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     Oath of Elector Casting the Enclosed Ballot or Ballots

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     Print Name

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     I do hereby affirm, under penalty of perjury that:

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     ? I am a United States citizen;

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     ? I am a resident and qualified voter of the State of Rhode Island;

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     ? I am eligible to cast a mail ballot, because I am one of the following:

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     ? A member of the Uniformed Services or merchant marine on active duty or an eligible spouse

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or dependent.

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     ? A U.S. citizen who will be outside the United States.

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     ? I am not qualified to vote elsewhere.

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     ____________________________________

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     (Signature of voter)

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     SECTION 2. This act shall take effect upon passage.

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LC01757

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

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     This act would change the provisions for the time of receiving mail ballots by the board

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of elections from nine o'clock (9:00) pm to eight o'clock (8:00) pm. Mail ballots would not be

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counted unless they are received by the state board of elections no later than eight o'clock (8:00)

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pm local time on election day and this act would further make changes to the receipt and

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certification of envelopes by the secretary of state.

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     This act would take effect upon passage.

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LC01757

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