2021 -- H 5745

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LC001886

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO ELECTIONS - MAIL BALLOTS

     Introduced By: Representatives Giraldo, and Morales

     Date Introduced: February 24, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-2.1, 17-20-2.2, 17-20-8, 17-20-9, 17-20-14.2, 17-20-21 and

17-20-23 of the General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended to read

as follows:

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

     (a) Any legally qualified elector of this state whose name appears upon the official voting

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

to avail himself or herself of the right granted to him or her by the Constitution and declared in this

chapter, may obtain from the local board in the city or town an affidavit form prepared by the

secretary of state as prescribed in this section, setting forth the elector's application for a mail ballot.

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

or otherwise, that person shall make his or her mark "X".

     (c) The application, when duly executed, shall be delivered in person or by mail so that it

is received by the local board not later than four o'clock (4:00) p.m. on the twenty-first (21st) day

before the day of any election referred to in § 17-20-1.

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

order to be valid, must have been cast in conformance with the following procedures:

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

at the Rhode Island address provided by the elector on the application, along with voting

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

must be made before a notary public or before two (2) witnesses who shall set forth their addresses

on the form.

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

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

the elector is confined. All mail ballots issued pursuant to subdivision 17-20-2(2) shall be delivered

to the elector at the hospital, convalescent home, nursing home, or similar institution where the

elector is confined; and the ballots shall be voted and witnessed in conformance with the provisions

of § 17-20-14.

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

provided by the elector on the application or sent to the board of canvassers in the city or town

where the elector maintains his or her voting residence. In order to be valid, the signature of the

elector on the certifying envelope containing voted ballots does not need to be notarized or

witnessed. Any voter qualified to receive a mail ballot pursuant to subdivision 17-20-2(3) shall also

be entitled to cast a ballot pursuant to the provisions of United States Public Law 99-410

("UOCAVA Act").

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

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

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

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

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

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

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

conformance with the provisions of § 17-20-14.2.

     (e) Any person knowingly and willfully making a false application or certification, or

knowingly and willfully aiding and abetting in the making of a false application or certification,

shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1.

     (f) In no way shall a mail ballot application be disqualified if the voter's circumstances

change between the time of making the application and voting his or her mail ballot as long as voter

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

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

circumstances to a mail ballot voter.

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

     (a) Any legally qualified elector of this state whose name appears upon the official voting

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

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

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

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

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

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

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

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

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

relating to the circumstances necessitating the application.

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

ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, in

order to be valid, must have been cast in conformance with the following procedures:

     (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the

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

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

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

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

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

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

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

provisions of § 17-20-14.2.

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

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

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

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

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

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

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

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

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

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

ballot pursuant to § 17-20-2(3) shall also be entitled to 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 § 17-20-2(4) shall be cast at the board of canvassers

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

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

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

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

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

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

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

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

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

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

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

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

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

election.

     (f) Any person knowingly and willfully making a false application or certification, or

knowingly and willfully aiding and abetting in the making of a false application or certification,

shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1.

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

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

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

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

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

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

     17-20-8. Application for ballot.

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

or otherwise, that person shall make his or her mark "X".

     (b) Notwithstanding any other provision of this chapter as to time and manner thereof, it

shall be the duty of the applicant to cause the mail ballot application or the emergency mail ballot

application, as the case may be, to be processed by the local board so that the applicant may receive

the ballot, cast it, and cause delivery thereof to be made to the state board not later than eight o'clock

(8:00) p.m. on the date of election.

     (c) The local board shall accept absentee ballot applications by the electronic means

authorized by the secretary of state. The secretary of state shall design or approve the form of the

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absentee ballot application to be submitted by electronic means. A voter may make an application

for the voter's own ballot by electronic means using the form designed or approved by the secretary

of state. The local board shall verify that it is the voter who is requesting the ballot by confirming

the voter's residence address and birth date with the information in the voter's record. The clerk

shall print the electronically submitted application and write "electronic request" on the application.

     (d)(c) The local board shall maintain a separate list of names and addresses of all applicants

and their subscribing witnesses and a copy of the list shall be made available for inspection to any

person upon request.

     (e)(d) Any person knowingly and willfully making a false application or certification or

knowingly and willfully aiding and abetting in the making of a false application or certification

shall be guilty of a felony.

     17-20-9. Application by permanently disabled or incapacitated voters. Permanent

placement on absentee ballot application list.

     (a) A voter who is indefinitely confined because of physical illness or infirmity or is

disabled for wishes to vote by mail ballot 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, wishes to vote by mail ballot 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.

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

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

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

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

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

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

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

(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

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

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

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

signatures of people authorized to witness mail ballots.

     17-20-21. Certifying envelopes.

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

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

be printed in substantially the following form:

     "After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to

statement hereon. Enclose in envelope addressed to board of elections, which must receive the

envelope not later than the time prescribed by § 17-18-11 for the closing of polling places on the

day of election."

Date of Election______________ City/Town of__________________

Certificate of Voter

Print Name of Voter

     I swear or affirm, under penalty of perjury, that I am:

     I am a United States citizen;

     I am a resident and qualified voter of the State of Rhode Island;

     I am eligible to cast a mail ballot under the provisions of § 17-20-2; and

     I am not qualified to vote elsewhere.

     Voter must sign full name here:

     (If unable to sign name because of physical incapacity or otherwise, voter shall make his

or her mark "(X)").

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

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

the label above.

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

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

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

envelope.

___________________________________

      Notary Public

     Notary must also print his or her name

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     Witness:

     ___________________________ ____________________________

     (Signature)(Print Name) (Address)

     (Signature)(Print Name) (Address)

     Note: Mail ballots must either be sworn to before a notary public or before two (2)

witnesses who must sign their names and addresses.

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

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

provided opposite their respective names.

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

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

desires to give.

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

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

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

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

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

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

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

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

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

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

election day.

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

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

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

24.

     SECTION 2. Chapter 17-19 of the General Laws entitled "Conduct of Election and Voting

Equipment, and Supplies" is hereby amended by adding thereto the following section:

     17-19-55. Early in-person voting.

     (a) In-person early voting shall be made available to any registered voter and eligible

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

elector is so qualified to vote for all elections.

     (b) The in-person early voting period shall begin on the twentieth day before a general or

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primary election and extend through four o'clock (4:00) p.m. on the day before the general or

primary election.

     (c) During the in-person early voting period as set forth in subsection (b) of this section,

in-person early voting shall take place at locations to be determined by each local board of

canvassers and approved by the state board, with at least one location for each town or city. Prior

to the beginning of the in-person early voting period, a notice shall be published by the secretary

of state in a newspaper or newspapers having aggregate general circulation throughout the state, at

least three (3) days prior to the beginning of the in-person early voting period. Adequate notice of

at least fourteen (14) days shall be posted at each local board’s office and on the city or town's

website, if any, informing the public of the locations where in-person early voting is to be

conducted. Notice of the in-person early voting period for each city or town shall also be posted on

the secretary of state's website, and the board of elections' website.

     (1) Effective January 1, 2022, in-person early voting shall take place during normal

business hours in each city or town on Monday, Tuesday, Wednesday, Thursday and Friday during

the twenty (20) day in-person early voting period, with at least one weekend of early voting.

     (2) Each municipality may schedule additional days and times where early voting is

available, during the in-person early voting period.

     (d) Prior to the in-person early voting period, the state board shall provide the local boards

with the ballots, ballot on-demand printers, ballot applications, tabulation equipment, ballot storage

boxes, voting booths, electronic poll books, instructions as to voting, and other supplies necessary

to effectuate the provisions of this section. During the in-person early voting period, the state board

shall provide technical support, as needed, at in-person early voting sites.

     (e) The secretary shall make available, no later than the next business day, the updated list

of those persons that have cast their ballot during the in-person early voting period.

     (f) At the conclusion of the early voting period, the local board shall note on the appropriate

electronic or paper-based voter roll, that the voter has cast an early vote, so as to prevent the voter

from casting an additional vote at the polls on election day.

     (g) The procedure for voting during the in-person early voting period shall be established

through rules promulgated by the state board.

     SECTION 3. 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 create early in-person voting and online applications for mail ballots. It

removes the two (2) witnesses' notarization of voter signature for mail ballots. It also establishes a

procedure whereby a voter can be indefinitely sent a mail ballot for each election, without

requesting it for each election.

     This act would take effect upon passage.

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