2021 -- S 0662

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LC000970

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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: Senator Elaine J. Morgan

     Date Introduced: March 18, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-20-2.1 of the General Laws in Chapter 17-20 entitled "Mail

Ballots" is 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. 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) Except as set forth in subsection (g) of this section, no person shall offer to mail or mail

another person's mail ballot. This prohibition does not apply to the spouse, court-appointed

guardian, cohabitant, or any adult person related by blood or marriage to the person voting by a

mail ballot. Any person who violates the provisions of this section, shall be guilty of a misdemeanor

and shall be subject to the penalties set forth in § 17-26-2.

     (f)(g) 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.

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     SECTION 2. 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 require that only the mail ballot voter, their spouse, court appointed

guardian, cohabitant, or any adult person related to the voter by blood or marriage, be allowed to

physically mail the voted mail ballot.

     This act would take effect upon passage.

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