2022 -- S 2800

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LC005316

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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: Senators Sosnowski, Miller, Coyne, Felag, Lombardo, Gallo, DiPalma,
and Euer

     Date Introduced: March 24, 2022

     Referred To: Senate Judiciary

     (Secretary of State)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 17-20-2.1, 17-20-2.2, 17-20-14.2, 17-20-21 and 17-20-23 of the

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General Laws in Chapter 17-20 entitled "Mail Ballots" are 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

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

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In 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) 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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     17-20-2.2. Requirements for validity of emergency mail ballots.

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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 town or district of the city or town where the elector is so qualified, who on account of

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circumstances manifested twenty (20) days or less prior to any election becomes eligible to vote by

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mail ballot according to this chapter, may obtain from the local board an application for an

 

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emergency mail ballot or may complete an emergency in-person mail ballot application on an

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electronic poll pad at the board of canvassers where the elector maintains his or her residence.

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     (b) The emergency mail ballot application, when duly executed, shall be delivered in

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person or by mail so that it shall be received by the local board not later than four o'clock (4:00)

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p.m. on the last day preceding the date of the election.

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     (c) The elector shall execute the emergency mail ballot application in accordance with the

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requirements of this chapter, which application shall contain a certificate setting forth the facts

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relating to the circumstances necessitating the application.

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

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ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, 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 § 17-20-2(1) shall be mailed to the elector at the

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state of Rhode Island address provided on the application by the office of the secretary of state, or

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delivered by the local board to a person presenting written authorization from the elector to receive

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the ballots, or cast in private at the local board of canvassers. In order to be valid, the signature of

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the voter on the certifying envelope containing a voted ballot must be made before a notary public,

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or other person authorized by law to administer oaths where signed, or where the elector voted, or

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before two (2) witnesses who shall set forth their addresses on the form. In order to be valid, all

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ballots sent to the elector at the board of canvassers must be voted in conformance with the

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provisions of § 17-20-14.2.

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

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

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where the elector is confined. All mail ballots issued pursuant to this subdivision shall be delivered

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to the elector by the bipartisan pair of supervisors, appointed in conformance with this chapter, and

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shall be voted and witnessed in conformance with the provisions of § 17-20-14.

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     (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed by the office of the

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secretary of state to the elector at an address provided by the elector on the application, or cast at

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

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The signature of the elector on the certifying envelope containing the voted ballots issued pursuant

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to the subdivision does not need to be notarized or witnessed. Any voter qualified to receive a mail

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ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of

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United States Public Law 99-410 ("UOCAVA Act").

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     (4) All mail ballots issued pursuant to § 17-20-2(4) shall be cast at the board of canvassers

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in the city or town where the elector maintains his or her voting residence or mailed by the office

 

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of the secretary of state to the elector at the address within the United States provided by the elector

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on the application, or delivered to the voter by a person presenting written authorization by the

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voter to pick up the ballot. In order to be valid, the signature of the voter on all certifying envelopes

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containing a voted ballot must be made before a notary public, or other person authorized by law

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to administer oaths where signed, or where the elector voted, or before two (2) witnesses who shall

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set forth their addresses on the form. In order to be valid, all ballots sent to the elector at the board

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of canvassers must be voted in conformance with the provisions of § 17-20-14.2.

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     (e) The secretary of state shall provide each of the several boards of canvassers with a

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sufficient number of mail ballots for their voting districts so that the local boards may provide the

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appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to

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process each emergency ballot application in accordance with this chapter, and it shall be the duty

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of each board to return to the secretary of state any ballots not issued immediately after each

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election.

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

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     (g) An emergency mail ballot application may be completed in person using an electronic

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poll pad provided by the board of canvassers upon presentation by the voter of valid proof of

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identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be

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provided with a ballot issued by the secretary of state and upon completion of the ballot by the

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voter, the voter shall place the ballot into the state-approved electronic voting device, provided by

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the board of elections and secured in accordance with a policy adopted by the board of elections.

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     17-20-14.2. Voting from board of canvassers.

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     The local board of canvassers shall appoint as many supervisors as are necessary whose

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duty it shall be to supervise the casting of votes by persons using mail ballots at a place that

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preserves their secrecy and to take acknowledgments or serve as witnesses, and jointly provide

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assistance, if requested, to assure proper marking, sealing, and mailing of ballots as voted. Every

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certifying envelope containing a mail ballot cast at a board of canvassers must have the signature

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of the elector notarized by an appointed person authorized by law to administer oaths or before two

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(2) appointed witnesses who shall set forth their signature on the form. The certifying envelope of

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any mail ballot voted at the local board of canvassers shall be stamped by the local board to indicate

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it was voted on in conformance with the law. Every person who willfully hinders the local

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supervisors in performing their duties as set forth in this section shall be guilty of a misdemeanor.

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The local board shall transmit a list to the state board of elections containing the names and

 

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signatures of people authorized to witness mail ballots.

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     17-20-21. Certifying envelopes.

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     The secretary of state shall cause to be prepared and printed and shall furnish with each

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mail ballot an envelope for sealing up and certifying the ballot when returned. The envelope shall

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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 the time prescribed by § 17-18-11 for the closing of polling places on the

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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 § 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

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or her mark "(X)").

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

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

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the label above.

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     Before me the __________ day of ___________ 20____, at ___________ (city or town),

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county of ___________, state of ____________, personally appeared the above named voter,

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to me known and known by me to be the person who affixed his or her signature to this ballot

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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)(Print Name) (Address)

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     (Signature)(Print Name) (Address)

 

LC005316 - Page 5 of 7

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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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     17-20-23. Marking and certification of ballot.

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     (a) A voter may vote for the candidates of the voter's choice by making a mark in the space

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provided opposite their respective names.

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     (b) In case a voter desires to vote upon a question submitted to the vote of the electors of

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the state, the voter shall mark in the appropriate space associated with the answer that the voter

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desires to give.

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     (c) Voters receiving a mail ballot pursuant to § 17-20-2(1), (2), and (4) shall mark the ballot

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in the presence of two (2) witnesses or some officer authorized by the law of the place where

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marked to administer oaths. Voters receiving a mail ballot pursuant to § 17-20-2(3) do not need to

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have their ballot witnessed or notarized. Except as otherwise provided for by this chapter, the voter

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shall not allow the official or witnesses to see how he or she marks the ballot and the official or

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witnesses shall hold no communication with the voter, nor the voter with the official or witnesses,

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as to how the voter is to vote. Thereafter, the voter shall enclose and seal the ballot in the envelope

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provided for it. The voter shall then execute before the official or witnesses the certification on the

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envelope. The voter shall then enclose and seal the certified envelope with the ballot in the envelope

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addressed to the state board and cause the envelope to be delivered to the state board on or before

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election day.

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     (d) These ballots shall be counted only if received within the time limited by this chapter.

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     (e) There shall be a space provided on the general election ballot to allow the voter to write

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in the names of persons not in nomination by any party as provided for in §§ 17-19-31 and 17-20-

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24.

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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 eliminate the requirement that the signature on all certifying envelopes

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containing a mail ballot be made before a notary public or before two (2) witnesses.

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     This act would take effect upon passage.

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