| Chapter 189 |
| 2022 -- H 6656 Enacted 06/27/2022 |
| A N A C T |
| RELATING TO ELECTIONS - MAIL BALLOTS |
Introduced By: Representatives O'Brien, and Baginski |
| Date Introduced: January 06, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 17-20-6.1 and 17-20-9 of the General Laws in Chapter 17-20 entitled |
| "Mail Ballots" are hereby amended to read as follows: |
| 17-20-6.1. Alternative methods of voting by citizens covered by the Uniformed and |
| Overseas Citizens Absentee Voting Act (UOCAVA) and other citizens residing outside the |
| United States. |
| (a) It is the intent and purpose that the provisions set forth in this section are designed to |
| facilitate the federal mandate of the Uniformed and Overseas Citizens Absentee Voting Act |
| (UOCAVA), 42 U.S.C. § 1973ff 52 U.S.C § 20301 et seq. |
| (b) The Federal Post Card Application (FPCA) may be used as a request for an absentee |
| ballot by: |
| (1) A member of the armed forces who is absent from the state by reason of being in active |
| service; |
| (2) Any person absent from the state in performance of "services intimately connected with |
| military operations" as defined in § 17-20-3(d); |
| (3) Any person who is employed outside of the United States as defined in § 17-20-3(c); |
| and |
| (4) Any person who does not qualify under subparagraph (1), (2), or (3) above, but who is |
| a citizen of the United States and absent from the state and residing outside the United States as |
| described in chapter 21.1 of this title 17. |
| (c) The single FPCA card shall permit the person to request an absentee ballot for each |
| primary and election through the next general election for federal office or for the time period |
| specified by federal law in which the voter is eligible to vote. |
| (d) The FPCA card must be received by the local board of canvassers where the person last |
| maintains his/her his or her residence for voting purposes within the time frame for applying for |
| absentee ballots as set forth in this title. |
| (e) If the FPCA, when used in accordance with this section, is sent by the voter through |
| electronic transmission, it must be sent to the secretary of state and it must be received by the |
| secretary of state by the deadline for applying for absentee ballots as set forth in this title. The |
| secretary of state shall then forward the FPCA to the appropriate local authority who shall |
| immediately certify and return the FPCA to the secretary of state with the notation that the |
| corresponding ballots shall be sent by mail and electronic transmission. The secretary of state shall |
| transmit ballots only to the facsimile number provided by the Federal Voter Assistance Program. |
| The secretary of state shall approve electronically transmitted ballots to and from eligible voters |
| only through a service or solution that meets the following requirements: |
| (1) The system has had one or more independent security reviews; |
| (2) Demonstrates the system meets the National Institute of Standards and Technology |
| (NIST) Cybersecurity Framework guidelines or federal cybersecurity framework guidelines of a |
| successor designated federal agency or organization; and |
| (3) Approved by the secretary of state. |
| The ballots sent by electronic transmission shall be returned to the state board by electronic |
| transmission. These ballots will be counted at the state board in accordance with rules and |
| regulations promulgated by the state board. |
| (f) The voter's signature on the FPCA does not need to be witnessed or notarized, when the |
| FPCA is submitted as provided in this section. |
| (g) If a voter is casting a mail ballot received through the use of the FPCA card as provided |
| in this section, the voter's signature does not need to be witnessed or notarized on the certifying |
| envelope used for the return of the voted mail ballot. |
| 17-20-9. Application by permanently disabled or incapacitated voters. |
| (a) A voter who is indefinitely confined because of physical illness or infirmity or is |
| disabled for an indefinite period may, by signing an affidavit to that effect, request that an absentee |
| ballot application be sent to him or her automatically for every election. The affidavit form and |
| instructions shall be prescribed by the secretary of state, and furnished upon request to any elector |
| by each local board of canvassers. The envelope containing the absentee ballot application shall be |
| clearly marked as not forwardable. If any elector is no longer indefinitely confined, he or she shall |
| notify the clerk of the local board of canvassers of this fact. The clerk shall remove the name of |
| any voter from the mailing list established under this section upon receipt of reliable information |
| that a voter no longer qualifies for the service. The voter shall be notified of the action within five |
| (5) days after the board takes the action. |
| (b) The affidavit form and instructions prescribed in this section shall be mailed to the |
| applicant along with a stamped return envelope addressed to the local boards of canvassers. |
| (c)(e) Eligible disabled voters, shall be entitled to electronically receive and return their |
| mail ballot, using the same electronic transmission system as that used by voters covered by the |
| Uniformed and Overseas Citizens Absentee Voting Act. (UOCAVA). This electronic process shall |
| satisfy the federal Rehabilitation Act, section 508 concerning accessibility standards. |
| (d)(f) For purposes of this section, "eligible disabled voter" means a disabled person |
| eligible to vote who is incapacitated to such an extent that it would be an undue hardship to vote at |
| the polls because of illness, mental or physical disability, blindness, or a serious impairment of |
| mobility. |
| SECTION 2. This act shall take effect upon passage and the provisions of which shall |
| expire on December 31, 2025. |
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| LC003490 |
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