2013 -- H 5040

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LC00036

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO ELECTIONS - MAIL BALLOTS

     Introduced By: Representatives Messier, Ferri, Malik, E Coderre, and Fellela

     Date Introduced: January 09, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 17-20-1, 17-20-1.1, 17-20-2, 17-20-2.1, 17-20-2.2, 17-20-10, 17-

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20-10.2, 17-20-13, 17-20-13.1, 17-20-21, 17-20-22, 17-20-23, 17-20-33 and 17-20-34 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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     17-20-1. Voting by mail ballot. -- The electors of this state who, for any of the reasons

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set forth in section 17-20-2, being otherwise qualified to vote, are unable or unwilling to vote in

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person, shall have the right to vote, in the manner and time provided by this chapter, in all general

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and special elections and primaries, including presidential primaries in this state for electors of

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president and vice-president of the United States, United States senators in congress,

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representatives in congress, general officers of the state, senators and representatives in the

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general assembly for the respective districts in which the elector is duly qualified to vote, and for

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any other officers whose names appear on the state ballot and for any city, town, ward, or district

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officers whose names appear on the respective city or town ballots in the ward or district of the

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city or town in which the elector is duly qualified to vote, and also to approve or reject any

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proposition of amendment to the Constitution or other propositions appearing on the state, city, or

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town ballot.

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     17-20-1.1. Declaration of policy. -- Those electors who are unable or unwilling to vote

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in person at the polls for the reasons set forth in section 17-20-2 are entitled to vote in a manner

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which reasonably guarantees the secrecy of their ballots. The procedures set forth in this chapter

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are designed to promote the effective exercise of their rights while safeguarding those voters who

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utilize the mail ballot process from harassment, intimidation, and invasion of privacy. The

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procedures are intended to prevent misuse of the electoral system by persons who are not eligible

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to vote by mail ballot. The provisions of this chapter shall be interpreted to effectuate the policies

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set forth in this section.

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     17-20-2. Eligibility for mail ballots. -- Any otherwise qualified elector may vote by mail

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ballot. in the following circumstances:

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      (1) An elector, within the State of Rhode Island who is incapacitated to the extent that it

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would be an undue hardship to vote at the polls because of illness, or mental or physical

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disability, blindness, or serious impairment of mobility;

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      (2) An elector who is confined in any hospital, convalescent home, nursing home, rest

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home, or similar institution, public or private, within the State of Rhode Island;

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      (3) An elector who will be temporarily absent from the state because of employment or

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service intimately connected with military operations or who is a spouse or legal dependent

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residing with that person, or a United States citizen that will be outside of the United States;

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      (4) An elector who may not be able to vote at his or her polling place in his or her city or

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town on the day of the election.

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

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Any legally qualified elector of this state whose name appears upon the official voting list of the

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

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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

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ballot.

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

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incapacity 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 the election referred to in section 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 section 17-20-2(1) shall be mailed to

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

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

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

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      (2) All applications applicants for mail ballots from electors who are confined in any

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hospital, convalescent home, nursing home or similar institution, public or private shall pursuant

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to section 17-20-2(2) must state under oath the name and location of the hospital, convalescent

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home, nursing home, or similar institution where the elector is confined. All of those mail ballots

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issued pursuant to subdivision 17-20-2(2) shall be delivered to the elector at the hospital,

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convalescent home, nursing home, or similar institution where the elector is confined; and the

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

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      (3) All mail ballots issued to an elector who will be temporarily absent from the state

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because of employment or service intimately connected with military operations or who is a

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spouse or legal dependent residing with that person, or to a United States citizen that will be

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outside of the United States 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 this mail ballot pursuant to subdivision 17-20-2(3)

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

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410 ("UOCAVA Act").

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

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

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

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residence. In order to be valid, the signature on all certifying envelopes containing a voted ballot

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must be made before a notary public, or other person authorized by law to administer oaths where

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

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on the form. In order to be valid, all ballots sent to the elector at the board of canvassers must be

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voted in conformance with the provisions of section 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 section 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

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

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

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change in circumstances to a mail ballot voter.

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     17-20-2.2. Requirements for validity of emergency mail ballots. -- (a) Any legally

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qualified elector of this state whose name appears upon the official voting list of the town or

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

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

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

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mail ballot.

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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

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

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facts 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

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mail ballot, in order to be valid, must have been cast in conformance with the following

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procedures:

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

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the elector at the State of Rhode Island address provided on the application by the office of the

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secretary of state, or delivered by the local board to a person presenting written authorization

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from the elector to receive the ballots, or cast in private at the local board of canvassers. In order

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to be valid, the signature of the voter on the certifying envelope containing a voted ballot must be

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

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

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

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in conformance with the provisions of section 17-20-14.2.

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      (2) All applications applicants for emergency mail ballots from electors who are

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confined in any hospital, convalescent home, nursing home or similar institution, public or private

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shall pursuant to subdivision 17-20-2(2) must state under oath the name and location of the

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hospital, convalescent home, nursing home, or similar institution where the elector is confined.

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All of these mail ballots issued pursuant to this subdivision shall be delivered to the elector by the

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bi-partisan pair of supervisors, appointed in conformance with this chapter, and shall be voted and

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witnessed in conformance with the provisions of section 17-20-14.

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      (3) All mail ballots issued to an elector who will be temporarily absent from the state

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because of employment or service intimately connected with military operations or who is a

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spouse or legal dependent residing with that person, or to a United States citizen that will be

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outside of the United States pursuant to subdivision 17-20-2(3) shall be mailed by the office of

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

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

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residence. The signature of the elector on the certifying envelope containing the voted ballots

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issued pursuant to the subdivision does not need to be notarized or witnessed. Any voter qualified

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to receive a this mail ballot pursuant to subdivision 17-20-2(3) shall also be entitled to cast a

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ballot pursuant to the provisions of United States Public Law 99-410 ("UOCAVA Act").

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

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

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

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

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authorization by the voter to pick up the ballot. In order to be valid, the signature of the voter on

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all certifying envelopes containing a voted ballot must be made before a notary public, or other

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

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

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

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section 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 section 17-26-1.

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

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

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

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

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

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

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

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

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representative, and voting district in which the 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

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

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

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

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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

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

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

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

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

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packages to the state board of elections.

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

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

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

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of subdivision section 17-20-2(1), the secretary of state shall include with the mail ballots a

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stamped return envelope addressed: "Board of Elections, 50 Branch Avenue, Providence, Rhode

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Island 02904-2790".

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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

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

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shall not 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

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to 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,

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

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

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

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

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

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

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

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

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provisions of this chapter.

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

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

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

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

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

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certification. If the 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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     17-20-10.2. Official state blank ballots. -- In the event the official ballot is not available

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for issuance and mailing forty-five (45) days before a general, primary, or special election,

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persons applying for a mail ballot under subdivision 17-20-2(3) who will be temporarily absent

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from the state because of employment or service intimately connected with military operations or

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who is a spouse or legal dependent residing with that person, or to a United States citizen that will

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be outside of the United States and persons applying for a mail ballot through the use of the

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Federal Post Card Application (FPCA) shall be issued an official state blank ballot forty-five (45)

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days before the election. Additionally, the voter shall be sent the official ballot immediately upon

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the ballots becoming available. The office of secretary of state shall be responsible for the

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arrangement, preparation, printing and distribution of the official state blank ballots. The

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secretary of state shall also be responsible for all accompanying candidate listings to the extent

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that information is available, instruction sheets, and envelopes.

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     17-20-13. Form of application. -- The application to be subscribed by the voters before

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receiving a mail ballot shall, in addition to those directions that may be printed, stamped, or

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written on it by authority of the secretary of state, be in substantially the following form:

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     STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS APPLICATION

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OF VOTER FOR BALLOT FOR ELECTION ON________

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     (COMPLETE HIGHLIGHTED SECTIONS)

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     NOTE - THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF

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CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M.

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     ON________

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     BOX A (PRINT OR TYPE)

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     NAME ____________________________________________________________

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     VOTING ADDRESS _________________________________________________

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     CITY/TOWN_________________ STATE RI ZIP CODE____________

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     DATE OF BIRTH_____________ PHONE #__________________

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     BOX B (PRINT OR TYPE)

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     NAME OF INSTITUTION (IF APPLICABLE)_______________________________

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     ADDRESS__________________________________________________________

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     ADDRESS__________________________________________________________

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     CITY/TOWN________ STATE________ ZIP CODE________

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     FACSIMILE NUMBER (if applicable) ____________________________________

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     I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING

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BASIS; (CHECK ONE ONLY)

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     ( ) 1. I am incapacitated to such an extent that it would be an undue hardship to vote at

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the polls because of illness, mental or physical disability, blindness or a serious impairment of

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mobility. If the ballot is not being mailed to your voter registration address (BOX A above)

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please provide the Rhode Island address where you are temporarily residing in BOX B above.

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     ( ) 2. I am confined in a hospital, convalescent home, nursing home, rest home, or similar

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institution within the State of Rhode Island. Provide the name and address of the facility where

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you are residing in BOX B above.

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     ( ) 3. I am employed or in service intimately connected with military operations or

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because I am a spouse or dependent of such person, or I am a United States citizen and will be

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outside the United States. Complete BOX B above or the ballot will be mailed to the local board

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of canvassers.

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     ( ) 4. I have decided that I do not wish may not be able to vote at the polling place in my

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city or town on the day of the election. If the ballot is not being mailed to your voter registration

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address (BOX A above) please provide the address within the United States where you are

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temporarily residing in BOX B above. If you request that your ballot be sent to your local board

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of canvassers please indicate so in BOX B above.

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     BOX D OATH OF VOTER

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     I declare that all of the information I have provided on this form is true and correct to the

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best of my knowledge. I further state that I am not a qualified voter of any other city or town or

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state and have not claimed and do not intend to claim the right to vote in any other city or town or

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state. If unable to sign name because of physical incapacity or otherwise, applicant shall make his

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or her mark "X".

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     SIGNATURE IN FULL________

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     Please note: A Power of Attorney signature is not valid in Rhode Island.

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     17-20-13.1. Form of emergency mail ballot application. -- The emergency mail ballot

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application to be subscribed by the voters before receiving a mail ballot shall, in addition to any

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directions that may be printed, stamped, or written on the application by authority of the secretary

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of state, be in substantially the following form:

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     STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EMERGENCY

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APPLICATION OF VOTER FOR BALLOT FOR ELECTION ON________

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     (COMPLETE HIGHLIGHTED SECTIONS)

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     NOTE - THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF

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CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M.

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     ON________

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     BOX A (PRINT OR TYPE)

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     NAME____________________________________________________________

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     VOTING ADDRESS_________________________________________________

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     CITY/TOWN_______________________STATE RI ZIP CODE____________

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     DATE OF BIRTH_________________PHONE#______________

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     BOX B (PRINT OR TYPE)

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     NAME OF INSTITUTION (IF APPLICABLE)______________________________

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     ADDRESS_________________________________________________________

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     ADDRESS_________________________________________________________

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     CITY/TOWN_____________ STATE________ ZIP CODE____________

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     I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING

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BASIS: (CHECK ONE ONLY)

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     ( ) 1. I am incapacitated to such an extent that it would be an undue hardship to vote at

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the polls because of illness, mental or physical disability, blindness or a serious impairment of

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mobility. If not voting ballot at local board, ballot will be mailed to the address in BOX A above

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or to the Rhode Island address provided in BOX B above. If the ballot is to be delivered by the

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local board of canvassers to a person presenting written authorization to pick up the ballot,

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complete BOX A above and fill in the person's name below.

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     I hereby authorize ________________________________________ to pick up my ballot

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at my local board of canvassers.

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     ( ) 2. I am confined in a hospital, convalescent home, nursing home, rest home, or similar

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institution within the State of Rhode Island. Provide the name and address of the facility where

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you are residing in BOX B above.

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     ( ) 3. I am employed or in service intimately connected with military operations or

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because I am a spouse or dependent of such person, or I am a United States citizen who will be

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outside the United States. If not voting ballot at local board, provide address in BOX B above.

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     ( ) 4. I may not be able have decided that I do not wish to vote at the polling place in my

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city or town on the day of the election. If the ballot is not being mailed to your voter registration

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address (BOX A above) please provide the address within the United States where you are

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temporarily residing in BOX B above. If you request that your ballot be sent to your local board

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of canvassers please indicate so in BOX B above.

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     I hereby authorize ________________________________________ to pick up my ballot

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at my local board of canvassers.

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     Under the pains and penalty of perjury, I certify that on account of the following

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circumstances manifested twenty (20) days or less prior to the election for which I make this

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application. I will be unable to vote at the polls.

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     BOX D OATH OF VOTER

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     I declare that all of the information I have provided on this form is true and correct to the

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best of my knowledge. I further state that I am not a qualified voter of any other city or town or

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state and have not claimed and do not intend to claim the right to vote in any other city or town or

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state. If unable to sign name because of physical incapacity or otherwise, applicant shall make his

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or her mark "X".

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     SIGNATURE IN FULL

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     Please note: A Power of Attorney signature is not valid in Rhode Island.

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     17-20-21. Certifying envelopes. -- The secretary of state shall cause to be prepared and

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printed and shall furnish with each mail ballot an envelope for sealing up and certifying the ballot

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when returned. The envelope shall 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 nine o'clock (9:00) p.m. the day of election."

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     Date of Election:______________ City/Town

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     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; and

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     I am eligible to cast a mail ballot under the provisions of section 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

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his or her mark "(X)").

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

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

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appears on the label above.

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     Before me the _____________ day of ______________ 20________, at

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________________ (city or town), county of ________________, state of

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____________________, personally appeared the above named voter, to me known

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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) (Residence)

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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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     17-20-22. Certification envelopes for mail ballots of persons intimately connected

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with military service and persons employed outside of the United States. -- The distinctively

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colored certification envelope for persons intimately connected with military service and persons

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employed outside of the United States shall 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 nine o'clock (9:00) p.m. the day of election.

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     Date of Election______________ City/Town of__________________

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     Oath of Elector Casting the Enclosed Ballot or Ballots

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     Print Name

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     I do hereby affirm, under penalty of perjury that:

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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, because I am one of the following:

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     I am A a member of the Uniformed Services or merchant marine on active duty

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or an eligible spouse or dependent.

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     A U.S. citizen who I will be outside the United States.

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     I am not qualified to vote elsewhere.
________________________________

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      (Signature of voter)

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     17-20-23. Marking and certification of ballot. -- (a) A voter desiring to vote for all

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candidates of one political party for national and state, or city or town, offices, shall fill in the

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appropriate space next to the designation of that party upon the appropriate ballot. A voter casting

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a straight party vote may also individually vote for candidates and, in doing so, the straight party

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vote will not be counted for that office and the individual vote, or votes in the case where more

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than one candidate will be elected for an office, will override the straight party vote for that

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office.

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      (b) A voter may omit to mark as provided in subsection (a) of this section and may vote

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for the candidates of the voter's choice by making a mark in the space provided opposite their

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respective names.

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      (c) 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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      (d) Voters receiving a mail ballot pursuant to subdivisions 17-20-2(1), (2), and (4) shall

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mark the ballot in the presence of two (2) witnesses or some officer authorized by the law of the

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place where marked to administer oaths. Voters receiving a mail ballot pursuant to subdivision

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17-20-2(3) ; provided, however, that mail ballot voter who will be temporarily absent from the

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state because of employment or service intimately connected with military operations or who is a

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spouse or legal dependent residing with that person, or to a United States citizen that will be

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outside of the United States do not need to have their ballot witnessed or notarized. Except as

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otherwise provided for by this chapter, the voter shall not allow the official or witnesses to see

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how he or she marks the ballot and the official or witnesses shall hold no communication with the

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voter, nor the voter with the official or witnesses, as to how the voter is to vote. Thereafter, the

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voter shall enclose and seal the ballot in the envelope provided for it. The voter shall then execute

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before the official or witnesses the certification on the envelope. The voter shall then enclose and

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seal the certified envelope with the ballot in the envelope addressed to the state board and cause

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the envelope to be delivered to the state board on or before election day.

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

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

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write in the names of persons not in nomination by any party as provided for in sections 17-19-31

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and 17-20-24.

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     17-20-33. Disqualification of ballot by board of elections. -- The board of elections

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shall, on its own motion, disqualify any mail ballot which it determines, based upon a

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preponderance of the evidence, was not voted by the elector who purportedly cast it, or was voted

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by an elector who was not eligible to vote by mail ballot, or was not obtained and voted in the

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manner prescribed by this chapter. The board of elections may take this action even in the

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absence of a challenge to the ballot and may take this action at any time prior to the separation of

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the ballot from its application and certifying envelope.

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     17-20-34. Liberal construction. -- This chapter shall be construed liberally to effect the

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purposes of maintaining the integrity and the secrecy of the mail ballot by assuring that only

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electors eligible to vote by mail ballot are allowed to utilize that method of voting, by assuring

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that the procedures set forth in this chapter controlling the application and balloting processes are

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strictly enforced, and by safeguarding the mail ballot voter from harassment, intimidation, and

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invasion of privacy.

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     SECTION 2. This act shall take effect upon passage.

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LC00036

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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 allow all electors to vote by mail ballot without providing a reason for its

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use.

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     This act would take effect upon passage.

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LC00036

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