2022 -- S 2530

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LC004606

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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 -- MAIL BALLOTS

     

     Introduced By: Senator E Morgan

     Date Introduced: March 01, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-20-2.1 of the General Laws in Chapter 17-20 entitled "Mail

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Ballots" is hereby amended to read as follows:

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     17-20-2.1. Requirements for validity of mail ballot and mail ballot applications.

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     (a) Any legally qualified elector of this state whose name appears upon the official voting

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list of the city, town, or district of the city or town where the elector is qualified, and who desires

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to avail himself or herself of the right granted to him or her by the Constitution and declared in this

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chapter, may obtain from the local board in the city or town an affidavit form prepared by the

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secretary of state as prescribed in this section, setting forth the elector's application for a mail ballot.

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     (b) 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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     (c) The application, when duly executed, shall be delivered in person or by mail so that it

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is received by the local board not later than four o'clock (4:00) p.m. on the twenty-first (21st) day

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before the day of any election referred to in § 17-20-1.

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     (d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in

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order to be valid, must have been cast in conformance with the following procedures:

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     (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the elector

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at the Rhode Island address provided by the elector on the application. In order to be valid, the

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signature on all certifying envelopes containing a voted ballot must be made before a notary public

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or before two (2) witnesses who shall set forth their addresses on the form.

 

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     (2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the

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name and location of the hospital, convalescent home, nursing home, or similar institution where

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the elector is confined. All mail ballots issued pursuant to subdivision 17-20-2(2) shall be delivered

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to the elector at the hospital, convalescent home, nursing home, or similar institution where the

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elector is confined; and the ballots shall be voted and witnessed in conformance with the provisions

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of § 17-20-14.

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     (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed to the address

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provided by the elector on the application or sent to the board of canvassers in the city or town

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where the elector maintains his or her voting residence. In order to be valid, the signature of the

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elector on the certifying envelope containing voted ballots does not need to be notarized or

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witnessed. Any voter qualified to receive a mail ballot pursuant to subdivision 17-20-2(3) shall also

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be entitled to cast a ballot pursuant to the provisions of United States Public Law 99-410

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("UOCAVA Act").

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     (4) All mail ballots issued pursuant to subdivision 17-20-2(4) may be mailed to the elector

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at the address within the United States provided by the elector on the application or sent to the

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board of canvassers in the city or town where the elector maintains his or her voting residence. In

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order to be valid, the signature on all certifying envelopes containing a voted ballot must be made

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before a notary public, or other person authorized by law to administer oaths where signed, or where

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the elector voted, or before two (2) witnesses who shall set forth their addresses on the form. In

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order to be valid, all ballots sent to the elector at the board of canvassers must be voted in

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conformance with the provisions of § 17-20-14.2.

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     (e) 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 and shall be subject to the penalties provided for in § 17-26-1.

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     (f) Except as set forth in subsection (g) of this section, no person shall offer to mail or mail

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another person's mail ballot. This prohibition does not apply to the spouse, court-appointed

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guardian, cohabitant, or any adult person related by blood or marriage to the person voting by a

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mail ballot. Any person who violates the provisions of this section, shall be guilty of a misdemeanor

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and shall be subject to the penalties set forth in § 17-26-2.

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     (f)(g) In no way shall a mail ballot application be disqualified if the voter's circumstances

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change between the time of making the application and voting his or her mail ballot as long as voter

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remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board of

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canvassers shall provide the state board of elections with written notification of any change in

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circumstances to a mail ballot voter.

 

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     SECTION 2. This act shall take effect upon passage.

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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 require that only the mail ballot voter, their spouse, court appointed

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guardian, cohabitant, or any adult person related to the voter by blood or marriage, be allowed to

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physically mail the voted mail ballot. A violation would be a misdemeanor punishable by

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imprisonment not to exceed one year or a fine not to exceed one thousand dollars ($1,000), or both.

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     This act would take effect upon passage.

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