2021 -- S 0738

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LC001741

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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 Stephen R. Archambault

     Date Introduced: March 26, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-6.1 and 17-20-9 of the General Laws in Chapter 17-20 entitled

"Mail Ballots" are hereby amended to read as follows:

     17-20-6.1. Alternative methods of voting by citizens covered by the Uniformed and

Overseas Citizens Absentee Voting Act (UOCAVA) and other citizens residing outside the

United States.

     (a) It is the intent and purpose that the provisions set forth in this section are designed to

facilitate the federal mandate of the Uniformed and Overseas Citizens Absentee Voting Act

(UOCAVA), 42 U.S.C. § 1973ff et seq.

     (b) The Federal Post Card Application (FPCA) may be used as a request for an absentee

ballot by:

     (1) A member of the armed forces who is absent from the state by reason of being in active

service;

     (2) Any person absent from the state in performance of "services intimately connected with

military operations" as defined in § 17-20-3(d);

     (3) Any person who is employed outside of the United States as defined in § 17-20-3(c);

and

     (4) Any person who does not qualify under subparagraph (1), (2), or (3) above, but who is

a citizen of the United States and absent from the state and residing outside the United States as

described in chapter 21.1 of title 17.

     (c) The single FPCA card shall permit the person to request an absentee ballot for each

primary and election through the next general election for federal office or for the time period

specified by federal law in which the voter is eligible to vote.

     (d) The FPCA card must be received by the local board of canvassers where the person last

maintains his/her residence for voting purposes within the time frame for applying for absentee

ballots as set forth in this title.

     (e) If the FPCA, when used in accordance with this section, is sent by the voter through

electronic transmission, it must be sent to the secretary of state and it must be received by the

secretary of state by the deadline for applying for absentee ballots as set forth in this title. The

secretary of state shall then forward the FPCA to the appropriate local authority who shall

immediately certify and return the FPCA to the secretary of state with the notation that the

corresponding ballots shall be sent by mail and electronic transmission. The secretary of state shall

transmit ballots only to the facsimile number provided by the Federal Voter Assistance Program.

The secretary of state shall approve electronically transmitted ballots to and from eligible voters

only through a service or solution that meets the following requirements:

     (1) The system has had one or more independent security reviews;

     (2) Demonstrates the system meets the National Institute of Standards and Technology

(NIST) Cybersecurity Framework guidelines; and

     (3) Approved by the secretary of state.

      The ballots sent by electronic transmission shall be returned to the state board by electronic

transmission. These ballots will be counted at the state board in accordance with rules and

regulations promulgated by the state board.

     (f) The voter's signature on the FPCA does not need to be witnessed or notarized, when the

FPCA is submitted as provided in this section.

     (g) If a voter is casting a mail ballot received through the use of the FPCA card as provided

in this section, the voter's signature does not need to be witnessed or notarized on the certifying

envelope used for the return of the voted mail ballot.

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

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

disabled for an indefinite period may, by signing an affidavit to that effect, request that an absentee

ballot application be sent to him or her automatically for every election. The affidavit form and

instructions shall be prescribed by the secretary of state, and furnished upon request to any elector

by each local board of canvassers. The envelope containing the absentee ballot application shall be

clearly marked as not forwardable. If any elector is no longer indefinitely confined, he or she shall

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notify the clerk of the local board of canvassers of this fact. The clerk shall remove the name of

any voter from the mailing list established under this section upon receipt of reliable information

that a voter no longer qualifies for the service. The voter shall be notified of the action within five

(5) days after the board takes the action.

     (b) The affidavit form and instructions prescribed in this section shall be mailed to the

applicant along with a stamped return envelope addressed to the local boards of canvassers.

     (c) Eligible disabled voters, shall be entitled to electronically receive and return their mail

ballot, using the same electronic transmission utilize system as that used by voters covered by the

Uniformed and Overseas Citizens Absentee Voting Act. (UOCAVA). This electronic process shall

satisfy the federal Rehabilitation Act, section 508 concerning accessibility standards.

     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 entitle disabled and military voters to utilize electronically transmitted

ballots.

     This act would take effect upon passage.

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LC001741

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