2022 -- H 7832

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LC004936

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT

AND SUPPLIES

     

     Introduced By: Representative Justine A. Caldwell

     Date Introduced: March 04, 2022

     Referred To: House State Government & Elections

     (Secretary of State)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-19-8.1 of the General Laws in Chapter 17-19 entitled "Conduct

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of Election and Voting Equipment, and Supplies" is hereby amended to read as follows:

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     17-19-8.1. Ballots for voters who are blind, visually impaired or disabled.

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     (a) Any voter who is blind or visually impaired or disabled is eligible to request a special

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ballot for voting by mail ballot. Special mail ballots are available in Braille or tactile format.

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     (b) Requests must be made in writing to the local board of canvassers where the person is

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registered to vote or through the electronic voter registration portal established in § 17-20-8 at least

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forty-five (45) twenty-one (21) days before the election for which the voter is requesting the special

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ballot. In addition, the request will be valid for all elections held during the calendar year in which

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the request was received and in which the voter is eligible to participate. Applicants must also file

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the appropriate mail ballot application as required by chapter 20 of this title for each election in

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which they wish to participate. An applicant may request the special ballot when indicating that he

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or she wishes to be a permanent mail voter, in accordance with § 17-20-8 and that request will be

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valid for all subsequent elections, as long as the applicant remains a permanent mail voter.

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     (c) The office of the secretary of state shall prepare and provide the appropriate form, which

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shall be available at local boards and upon request from the office of the secretary of state. The

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voter may also choose to submit his or her request in writing without using the form provided, as

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long as the communication contains all of the required information. The request shall include the

 

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following information:

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     (1) The name and registered address of the voter;

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     (2) A daytime telephone number;

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     (3) An indication of whether this request is for the entire calendar year or only for the next

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upcoming election;

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     (4) The voter's political party affiliation, if the request for a special ballot is also for

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primaries;

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     (5) Indicate the special ballot format.

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     (d) All requests received by local boards must be processed and forwarded to the office of

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the secretary of state within twenty-four (24) hours of receipt. The secretary of state shall maintain

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a list of all persons requesting special Braille or tactile mail ballots and must forward a copy of the

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list to the state board of elections at least eighteen (18) days before the date of any election.

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     (e) The state board may adopt rules and regulations for the procedure for the manual

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reproduction of voted ballots, when necessary, and the tabulation of Braille and tactile mail ballots.

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     (f) The office of the secretary of state shall be responsible for the preparation and

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distribution of special Braille and tactile mail ballots. Whenever possible, the secretary of state

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shall prepare the Braille or tactile mail ballot so that the voted ballot can be read by the tabulation

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equipment, rather than being manually reproduced by election officials onto a machine readable

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ballot.

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     (g) The office of the secretary of state may adopt rules and regulations setting forth the

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procedure for the preparations and distribution of the Braille and tactile mail ballots.

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     (h) The office of the secretary of state shall prepare and publish a guide describing the types

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of ballots available and the manner in which each ballot can be voted. This guide shall be revised

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whenever the types of ballots available are updated. This guide shall be available in print, Braille,

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audio, or other accessible formats.

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     (i) The office of the secretary of state shall establish a special Braille and tactile ballot

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program for voters who are blind or visually impaired. The office of the secretary of state shall

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expand the special ballot service to other voters with disabilities, as feasible, as determined by the

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secretary of state, and incorporate other accessible formats as technology and resources allow.

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     (j) In accordance with the Help America Vote Act of 2003, the voting system at each

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polling place shall be accessible for individuals with disabilities, including nonvisual accessibility

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for the blind and visually impaired, in a manner that provides the same opportunity for access and

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participation as for other voters.

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     SECTION 2. Sections 17-20-8 and 17-20-10 of the General Laws in Chapter 17-20 entitled

 

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"Mail Ballots" are hereby amended to read as follows:

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     17-20-8. Application for ballot.

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     (a) Whenever any person is unable to sign his or her name because of physical incapacity

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or otherwise, that person shall make his or her mark "X".

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     (b) Notwithstanding any other provision of this chapter as to time and manner thereof, it

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shall be the duty of the applicant to cause the mail ballot application or the emergency mail ballot

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application, as the case may be, to be processed by the local board so that the applicant may receive

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the ballot, cast it, and cause delivery thereof to be made to the state board not later than eight o'clock

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(8:00) p.m. on the date of election.

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     (c) The local board shall maintain a separate list of names and addresses of all applicants

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and their subscribing witnesses and a copy of the list shall be made available for inspection to any

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person upon request.

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     (d) Any voter may apply to receive an absentee ballot, in accordance with § 17-20-2.1, in

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one of the following ways:

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     (1) By indicating that the voter wants to receive a ballot for the next upcoming general

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election.

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     (2) By indicating that the voter wants to receive a ballot for the next upcoming primary and

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general elections.

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     (3) By indicating that the voter wants to be a permanent mail voter and receive a ballot for

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all elections covered under § 17-20-1 in perpetuity, until the voter indicates otherwise by

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application or through the state’s online voter registration portal.

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     (e) The secretary of state shall maintain a list within the central voter register system of all

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voters who are eligible to remain on the permanent mail voter list, as described in subsection (d)(3)

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of this section.

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     (d)(f) Any person knowingly and willfully making a false application or certification or

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knowingly and willfully aiding and abetting in the making of a false application or certification

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shall be guilty of a felony.

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     17-20-10. Certification of applications -- Issuance of ballots -- Marking of lists --

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Mailing address.

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     (a) Upon receipt of the application, the local board shall immediately examine it and

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determine whether it complies with each of the requirements set forth by this chapter and compare

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the signature on the ballot application with the signature contained on the original registration card,

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except as may be otherwise provided by law, to satisfy itself that the applicant is a qualified voter.

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Upon determining that it does meet each requirement of this chapter and that the signature appears

 

LC004936 - Page 3 of 6

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to be the same, the local board shall mark the application "accepted" and record in the space

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provided on the ballot application the senatorial, representative, and voting district in which the

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applicant should vote.

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     (b) The local board shall also record the city or town code and district information in the

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mailing label section of the mail ballot application. The local board shall also print or type the name

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of the elector and the complete mailing address in that section. If the local board does not accept

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the application, the local board shall return the application to the elector, together with a form

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prescribed by the secretary of state, specifying the reason or reasons for the return of the application.

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     (c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election

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referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs

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first, the local board shall certify the applications to the secretary of state through the CVRS system

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as this procedure is prescribed by the secretary of state. Upon the certification of a mail ballot

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application to the secretary of state, the local board shall enter on the voting list the fact that a mail

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ballot application for the voter has been certified and shall cause the delivery of the certified mail

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ballot applications together with the signed certified listing thereof in sealed packages to the state

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board of elections.

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     (d)(1) Upon the ballots becoming available, but not sooner than thirty (30) days before a

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primary election, the secretary of state shall immediately issue and mail, by first-class mail, postage

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prepaid, a mail ballot to each eligible voter who has been certified. With respect to voters who have

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applied for these mail ballots under the provisions of § 17-20-2(1), the secretary of state shall

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include with the mail ballots a stamped, return envelope addressed to the board of elections or who

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appears on the list of permanent mail voters.

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     (2) The secretary of state shall include on the mail ballot envelope a numerical or

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alphabetical code designating the city or town where the voter resides. The secretary of state shall

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immediately thereafter indicate on the voter's record that the secretary of state has sent mail ballots;

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provided that this mark shall serve solely to indicate that a mail ballot has been issued and shall not

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be construed as voting in the election.

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     (e) Prior to each election, the secretary of state shall also furnish to the chairperson of the

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state committee of each political party a list of the names and residence addresses of all persons to

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whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for

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political office, upon request, a list of the names and residence addresses of all persons to whom

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mail ballots have been issued within his or her district.

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     (f) If a ballot is returned to the secretary of state by the postal service as undeliverable, the

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secretary of state shall consult with the appropriate local board to determine the accuracy of the

 

LC004936 - Page 4 of 6

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mailing address, and the secretary of state shall be required to remail the ballot to the voter using

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the corrected address provided by the local board. If the local board is unable to provide a different

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address than that to which the ballot was originally mailed, the ballot shall be reissued by the

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secretary of state to the board of canvassers in the city or town where the voter resides utilizing the

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numerical or alphabetical code established in subsection (d) of this section. The board shall then

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attempt to notify the voter at his or her place of residence that the ballot has been returned as

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undeliverable. The ballot must be voted and witnessed in accordance with the provisions of this

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chapter.

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     (g) The acceptance of a mail ballot application by the board of canvassers and the issuance

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of a mail ballot by the secretary of state shall not create any presumption as to the accuracy of the

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information provided by the applicant or as to the applicant's compliance with the provisions of

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this chapter. Any inaccuracy in the provided information or irregularity in the application may be

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raised as a challenge to the ballot before the board of elections at the time of certification. If the

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challenge raised at that time is meritorious, the ballot shall be voided.

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     (h) Within two (2) business days of receipt by the local board, the board shall certify

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emergency mail ballot applications and shall cause the delivery of the emergency mail ballot

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applications, and certification sheet in sealed packages to the state board of elections.

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     SECTION 3. This act shall take effect upon passage.

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LC004936

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT

AND SUPPLIES

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     This act would amend certain provisions relative to the application for absentee mail

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ballots, including a process to be included on a permanent mail voter list.

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     This act would take effect upon passage.

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LC004936

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