2013 -- S 0447

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LC01751

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ELECTIONS --MAIL BALLOTS

     Introduced By: Senators McCaffrey, and Lombardo

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-20-2.2 of the General Laws in Chapter 17-20 entitled "Mail

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Ballots" is hereby amended to read as follows:

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     17-20-2.2. 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 to vote by mail ballot

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

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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)(c) 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 17-20-2(1) shall be mailed to the

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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 for emergency mail ballots pursuant to subdivision 17-20-2(2) must

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state under oath the name and location of the hospital, convalescent home, nursing home, or

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similar institution where the elector is confined. All mail ballots issued pursuant to this

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subdivision shall be delivered to the elector by the bi-partisan pair of supervisors, appointed in

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conformance with this chapter, and shall be voted and witnessed in conformance with the

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provisions of section 17-20-14.

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

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office of the secretary of state to the elector at an address provided by the elector on the

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application, or cast at the board of canvassers in the city or town where the elector maintains his

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or her voting residence. The signature of the elector on the certifying envelope containing the

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voted ballots issued pursuant to the subdivision does not need to be notarized or witnessed. Any

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

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cast a 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)(d) 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)(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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     SECTION 2. This act shall take effect upon passage.

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LC01751

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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 voters to file emergency mail ballot applications without setting

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forth the fact that necessitated the application.

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     This act would take effect upon passage.

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LC01751

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