Chapter 314

2006 -- S 2808 SUBSTITUTE A

Enacted 07/04/06

A N A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

Introduced By: Senators Sosnowski, Perry, and Paiva-Weed

Date Introduced: February 14, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-3, 17-20-10, 17-20-14 and 17-20-26 of the General Laws in

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

17-20-3. Definitions. -- (a) Wherever used in this chapter, every word importing only the

masculine gender is construed to extend to, and include, females as well as males.

      (b) Whenever used in this chapter, "bipartisan pairs of supervisors" for primaries means

a supervisor representing the endorsed candidates and a supervisor representing a majority of

unendorsed candidates, and for nonpartisan elections and primaries means non-partisan pairs of

supervisors.

      (c) Wherever used in this chapter, "employed outside of the United States" includes any

person who is:

      (1) Employed by any agency, department or division of the United States government

and who, by reason of that employment, resides outside of the continental United States;

      (2) Employed outside the territorial limits of the United States; or

      (3) A spouse or dependent residing with persons so employed.

      (d) Wherever used in this chapter "services intimately connected with military

operations" includes members of religious groups or welfare agencies assisting members of the

armed forces who are officially attached to and serving with the armed forces and their spouses

and dependents, and the spouses and dependents of members of the armed forces and of the

merchant marine; provided, that the spouses and dependents are residing outside of the state with

the members of the armed forces, merchant marine, or members of the religious or welfare

agencies.

      (e) Whenever a signature is required by a voter in this chapter, "signature" also means

the voter's mark "X" if the person is unable to sign his or her name because of physical incapacity

or otherwise.

(f) Whenever used in this chapter, "bipartisan" means not of the same recognized political

party.

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

Mailing address. -- (a) Upon receipt of the application, the local board shall immediately

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

chapter and compare the signature on the ballot application with the signature contained on the

original registration card, except as may be otherwise provided by law, to satisfy itself that the

applicant is a qualified voter. Upon determining that it does meet each requirement of this chapter

and that the signature appears to be the same, the local board shall mark the application

"accepted" and record in the space provided on the ballot application the senatorial,

representative, and voting district in which the applicant should vote.

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

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

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

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

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

application.

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

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

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

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

ballot application to the secretary of state, the local board shall enter on the voting list the fact

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

certified mail ballot applications together with the signed certified listing thereof in sealed

packages to the state board of elections.

      (d) (1) Upon the ballots becoming available, the secretary of state shall immediately,

issue and mail, by first class mail, postage prepaid, a mail ballot to each eligible voter who has

been certified. With respect to voters who have applied for these mail ballots under the provisions

of section 17-20-2(3), the secretary of state shall include with the mail ballots a stamped return

envelope addressed: "Board of Elections, 50 Branch Avenue, Providence, Rhode Island 02904-

2790".

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

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

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

ballots provided, that this mark shall serve solely to indicate that a mail ballot has been issued and

shall not be construed as voting in the election.

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

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

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

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

mail ballots have been issued within his or her district.

      (f) [Deleted by P.L. 2005, ch. 167, section 2.]

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

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

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

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

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

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

utilizing the numerical or alphabetical code established in subsection (d) of this section. The

board shall then attempt to notify the voter at his or her place of residence that the ballot has been

returned as undeliverable. The ballot must be voted and witnessed in accordance with the

provisions of this chapter.

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

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

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

provisions of this chapter. Any inaccuracy in the provided information or irregularity in the

application may be raised as a challenge to the ballot before the board of elections at the time of

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

      (i) Upon the request of any candidate for public office and upon a showing of good cause

or upon its own motion, the board of elections shall make inquiry into the legitimacy of the

certifications issued pursuant to section 17-20-2.2(3) by any physician or practitioner who issues

more than fifty (50) certifications in any one election or by any physician or practitioner who the

board has reason to believe has made a false certification. The inquiry shall include a

determination as to whether the physician or practitioner conducted an examination of the

electors he or she certified as ill or disabled to determine whether it would be an undue hardship

on them to go to the polls. The provisions of chapter 37.3 of title 5 shall not apply to any

proceeding before the state board of elections conducted pursuant to this title. The boards of

canvassers shall immediately notify the board of elections of any physician who has issued more

than twenty-five (25) certifications in their city or town in the same election.

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

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

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

17-20-14. Voting from hospitals and convalescent homes -- Penalty for interference.

– (a) The state board of elections shall appoint as many bipartisan pairs of supervisors as are

necessary whose duty it shall be to attend each hospital, rest home, nursing home and

convalescent home, or similar types of personal care facility in the state within seven (7) twenty

(20) days prior to the election. They shall supervise the casting of votes by persons using mail

ballots at a place that preserves their secrecy and shall take acknowledgments or serve as

witnesses, and jointly provide assistance, if requested, to assure proper marking, sealing, and

mailing of ballots as voted. Every mail ballot cast by a patient in a hospital or convalescent home

within this state must be witnessed by the state supervisors. It shall be the duty of the person or

persons in charge of hospitals, rest homes, nursing homes and convalescent homes, or similar

types of personal care facility to allow the state supervisors to perform their duties as set forth in

this section at all reasonable times. Every person who willfully hinders the state supervisors in

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

      (b) It shall be the responsibility of the state board of elections to provide all bipartisan

pairs of supervisors with an official identification card. All bipartisan pairs of supervisors will be

required to have in their possession their identification card when conducting official business.

      (c) Any person who deliberately misrepresents themselves as an official of the board of

elections, or who deceives, coerces, or interferes with a voter casting a ballot, shall be subject to

prosecution under section 17-20-30.

17-20-26. Opening and counting of ballots. -- (a) (1) Beginning prior to and continuing

on election day the state board, upon receipt of mail ballots, shall keep the ballots in a safe and

secure place which shall be separate and apart from the general public area, and hold sessions, at

which in each instance it shall:

      (i) Open the outer envelope and attach the matching ballot application to the inner

certifying envelope;

(ii) Write or fill in the name or number of the city or town, and senatorial and

representative and/or voting district, as the case may be, on the inner certifying envelope, as they

appear on the ballot application;

(iii) Number consecutively for identification the inner certifying envelopes and matching

ballot applications;

(iv)(ii) Beginning fourteen (14) days prior to and continuing on election day, proceed to

certify the mail ballots.

      (2) Notice of these sessions shall be given to the public by announcements in newspapers

of general circulation published at least twenty-four (24) hours before the commencing of any

session. All candidates for state and federal office, as well as all state party chairpersons, shall be

given notice by telephone or otherwise of the day on which ballots effecting that candidate's

district will be certified; provided, that failure to effect the notice shall in no way invalidate the

ballots.

      (b) This processing shall be done within a railed space in the room in which it takes

place, and the board shall admit within the railed space, in accordance with those rules that the

board shall adopt, to witness the processing and certification of the ballots, the interested voter or

the voter's representative, the candidates, or at least one representative of each candidate for

whom votes are at the time being processed, and an equal number of representatives of each

political party. These representatives shall be authorized in writing by the voter, the candidate, or

the chairperson of the state committee of the political party, respectively, as the case may be. The

board shall also, in accordance with these rules, admit representatives of the press and

newscasting agencies and any other persons that it deems proper.

      (c) At these sessions, and before certifying any ballot, the state board shall:

      (1) Determine the city or town, and senatorial, representative, and voting district, in

which the voter cast his or her ballot and classify accordingly; and

      (2) Compare the name, residence, and signature of the voter with the name, residence,

and signature on the ballot application for mail ballots and satisfy itself that both signatures are

identical.

      (d) If during upon completion of the processing and certification of a mail ballots no

objection has been raised against the certification of a the ballot, the outer envelope shall be

discarded. However, if an objection has been raised that entails further consideration and

determination by the board, the outer envelope shall remain attached to the certifying inner

envelope for identification purposes.

      (e) The board shall establish guidelines setting forth the grounds for challenging the

certification of mail ballots. These guidelines shall recognize that if a ballot can be reasonably

identified to be that of the voter it purports to be, and if it can reasonably be determined that the

voter was eligible to vote by mail ballot and if the requirements of section 17-20-2.1 were

complied with, it should not be subject to frivolous or technical challenge. The burden of proof in

challenging a mail ballot as not obtained and/or cast in conformance with this chapter is on the

person challenging the ballot. Once the irregularity is shown, the burden of proof shall shift to the

person defending the ballot to demonstrate that it is the ballot of the voter it purports to be, that

the voter was eligible to vote by mail ballot, and that all of the applicable requirements of section

17-20-2.1 were complied with. The guidelines shall be adopted at a public meeting of the board

and shall be made available prior to the start of the certification process for mail ballots.

      (f) After processing and certification of the mail ballots, they shall be separated in

packages in accordance with their respective cities and towns, and senatorial, representative, and

voting districts, in the presence of the board and all other interested parties. Thereupon, in each

instance the board shall open the enclosing envelope, and without looking at the votes cast on the

enclosed ballot, shall remove the ballot from the envelope. After the last of the ballots has been

removed, tThe state board shall immediately proceed to count the ballots on election day through

the use of a central count optical scan unit with the same effect as if the ballots had been cast by

the electors in open town or district meetings.

      (g) When a local election is held at a time other than in conjunction with a statewide

election, the state board, after the processing and certification of the mail ballots cast in the local

election, shall package the local ballots to be promptly delivered in sealed packages, bearing upon

the seals the signatures of the members of the board, to the appropriate local board which shall a

thereupon proceed to count the ballots in the same manner and with the same effect as state mail

ballots are counted by the state board.

(h) When a local election is held in New Shoreham at a time other than in conjunction

with a statewide election, the state board, after the processing and certification of the mail ballots

cast in the local election, shall have the authority to count the ballots in the same manner and with

the same effect as state mail ballots are counted by the state board in a statewide election. Once

the ballots are counted, the results shall be sent via facsimile to the local board in New Shoreham.

     SECTION 2. This act shall take effect upon passage.

=======

LC01744/SUB A

=======