2024 -- H 7850

========

LC004566

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

     Introduced By: Representatives P. Morgan, Quattrocchi, Rea, and Nardone

     Date Introduced: March 01, 2024

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-1, 17-20-1.1, 17-20-2, 17-20-2.1, 17-20-2.2, 17-20-3, 17-20-

8, 17-20-9, 17-20-10, 17-20-13, 17-20-13.1, 17-20-14, 17-20-14.1, 17-20-14.2, 17-20-21, 17-20-

23, 17-20-24.1 and 17-20-30 of the General Laws in Chapter 17-20 entitled "Mail Ballots" are

hereby amended to read as follows:

     17-20-1. Voting by mail ballot.

     The electors of this state who, for any of the reasons set forth in § 17-20-2, being otherwise

qualified to vote, are unable to vote in person, shall have the right to vote, in the manner and time

provided by this chapter, in all general and special elections and primaries, including presidential

primaries in this state for electors of president and vice-president of the United States, United States

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

representatives in the general assembly for the respective districts in which the elector is duly

qualified to vote, and for any other officers whose names appear on the state ballot and for any city,

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

ward or district of the city or town in which the elector is duly qualified to vote, and also to approve

or reject any proposition of amendment to the Constitution or other propositions appearing on the

state, city, or town ballot.

     17-20-1.1. Declaration of policy.

     Those electors who vote by mail are unable to vote in person at the polls for the reasons

set forth in § 17-20-2, are entitled to vote in a manner which reasonably guarantees the secrecy of

their ballots. The procedures set forth in this chapter are designed to promote the effective exercise

of their rights while safeguarding those voters who utilize the mail ballot process from harassment,

intimidation, and invasion of privacy. The procedures are intended to prevent misuse of the

electoral system by persons who are not eligible to vote by mail ballot. The provisions of this

chapter shall be interpreted to effectuate the policies set forth in this section.

     17-20-2. Eligibility for mail ballots.

     Any otherwise qualified elector may vote by mail ballot in the following circumstances:

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

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

blindness, or serious impairment of mobility;

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

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

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

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

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

     (4) An elector who chooses to vote by mail for any reason may not be able to vote at the

voter's polling place in the voter's city or town on the day of the election.

     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 a an affidavit form prepared by the

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

or may apply online in accordance with § 17-20-2.3.

     (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) To receive a ballot in the mail, an elector must submit an application The application,

when duly executed, shall be delivered in person or by mail, so that it is received by the local board,

or received electronically through the portal established by § 17-20-2.3, 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 § 17-20-2(1) shall be mailed to the elector at the

Rhode Island address provided by the elector on the application. The ballot shall not be eligible for

LC004566 - Page 2 of 20

forwarding and if the addressee has moved, the postal service shall immediately return the ballot

to the board of elections. In order to be valid, the voter must affix his or her signature on all

certifying envelopes containing a voted ballot shall 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 § 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 § 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 voter must affix his or her

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 § 17-20-2(3) shall

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

Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).

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

address within the State of Rhode Island, 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 voter must affix his or her signature on all certifying envelopes

containing a voted ballot shall 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 the

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.

LC004566 - Page 3 of 20

     (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 is, who on account of

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

emergency mail ballot according to this chapter. Within twenty (20) days or less prior to any

election, the elector 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, or received electronically through

the portal established by § 17-20-2.3, 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 voter must

affix his or her signature of the voter on the certifying envelope containing a voted ballot shall 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.

LC004566 - Page 4 of 20

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

to this subsection 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, the Uniformed and Overseas Citizens Absentee Voting Act

(UOCAVA).

     (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 State of Rhode Island, 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 voter must affix his or her

signature of the voter on all certifying envelopes containing a voted ballot shall 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.

     17-20-3. Definitions.

     (a) Wherever used in this chapter, every word importing only the masculine gender is

construed to extend to, and include, females as well as males.

     (b) Whenever used in this chapter, “bipartisan pairs of supervisors” for primaries means a

LC004566 - Page 5 of 20

supervisor representing the endorsed candidates and a supervisor representing a majority of

unendorsed candidates, and for nonpartisan elections and primaries means non-partisan pairs of

supervisors.

     (c) Wherever used in this chapter, “employed outside of the United States” includes any

person who is:

     (1) Employed by any agency, department, or division of the United States government and

who, by reason of that employment, resides outside of the continental United States;

     (2) Employed outside the territorial limits of the United States; or

     (3) A spouse or dependent residing with persons so employed.

     (d) Wherever used in this chapter, “services intimately connected with military operations”

includes members of religious groups or welfare agencies assisting members of the armed forces

who are officially attached to and serving with the armed forces and their spouses and dependents,

and the spouses and dependents of members of the armed forces and of the merchant marine;

provided, that the spouses and dependents are residing outside of the state with the members of the

armed forces, merchant marine, or members of the religious or welfare agencies.

     (e) Whenever a signature is required by a voter in this chapter, “signature” also means the

voter’s mark “X” if the person is unable to sign his or her name because of physical incapacity or

     (f) Whenever used in this chapter, “bipartisan” means not of the same recognized political

     (g) Whenever used in this chapter, “emergency” voting pursuant to § 17-20-2.2(g) shall be

construed to mean “early” voting.

     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 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.

     (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.

LC004566 - Page 6 of 20

     (e) Voters shall be able to apply for a mail ballot electronically through the voter

registration portal established by § 17-20-2.3.

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

home residents. 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 or who is a long-term resident in a nursing home, may, by signing

an affidavit to that effect, request that a mail 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 mail absentee ballot application shall be clearly marked as not forwardable.

If any elector is no longer indefinitely confined or is no longer residing in a nursing home, 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. The

secretary of state may process applications pursuant to this section through the online mail ballot

application portal established by § 17-20-2.3.

     (c) For purposes of this section, “nursing home” refers to facilities defined and licensed by

the department of health. “Long-term” excludes any residents temporarily residing in such a facility

for rehabilitation.

     (d) The secretary of state shall maintain a list in the central voter registration system of all

voters who automatically receive applications for mail ballots, pursuant to this section.

     (e) [Expires December 31, 2025.] Eligible disabled voters shall be entitled to electronically

receive and return their mail ballot, using the same electronic transmission 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.

     (f) [Expires December 31, 2025.] For purposes of this section, “eligible disabled voter”

means a person with disabilities eligible to vote who is incapacitated to such an extent that it would

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

or a serious impairment of mobility.

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

LC004566 - Page 7 of 20

Mailing address.

     (a) Upon receipt of the application, the local board shall immediately examine it and

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

the signature on the ballot application with the signature contained on the original registration card

or on the central voter registration system, except as may be otherwise provided by law, to satisfy

itself that the applicant is a qualified voter. Upon determining that it does meet each requirement

of this chapter and that the signature appears to be the same, the local board shall mark the

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

representative, and voting district in which the applicant should vote.

     (b) The local board shall also record the city or town code and district information in the

mailing label section of the mail ballot application. The local board shall also print or type the name

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

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

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

     (c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election

referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs

first, the local board shall certify the applications to the secretary of state through the central voter

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

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

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

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

to the state board of elections.

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

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

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

17-20-2(1), the secretary of state shall include with the mail ballots a stamped, return envelope

addressed to the board of elections.

     (2) The secretary of state shall include on the mail ballot envelope a numerical or

alphabetical code designating the city or town where the voter resides. The secretary of state shall

immediately thereafter indicate on the voter’s record that the secretary of state has sent mail ballots;

provided that this mark shall serve solely to indicate that a mail ballot has been issued and shall not

be construed as voting in the election.

     (e) Prior to each election, the secretary of state shall also furnish to the chairperson of the

state committee of each political party a list of the names and residence addresses of all persons to

LC004566 - Page 8 of 20

whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for

political office, upon request, a list of the names and residence addresses of all persons to whom

mail ballots have been issued within his or her district.

     (f) If a ballot is returned to the secretary of state by the postal service as undeliverable, the

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

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

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

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

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

numerical or alphabetical code established in subsection (d) of this section. The board shall then

attempt to notify the voter at his or her place of residence that the ballot has been returned as

undeliverable. The ballot must be voted and witnessed in accordance with the provisions of this

chapter.

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

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

information provided by the applicant or as to the applicant’s compliance with the provisions of

this chapter. Any inaccuracy in the provided information or irregularity in the application may be

raised as a challenge to the ballot before the board of elections at the time of certification. If the

challenge raised at that time is meritorious, the ballot shall be voided.

     (h) Within two (2) business days of receipt by the local board, the board shall certify

emergency mail ballot applications and shall cause the delivery of the emergency mail ballot

applications, and certification sheet in sealed packages to the state board of elections.

     17-20-13. Form of application.

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

addition to those directions that may be printed, stamped, or written on it by authority of the

secretary of state, be in substantially the following form:

STATE OF RHODE ISLAND

APPLICATION OF VOTER FOR BALLOT FOR ELECTION

ON_________________________________________

(COMPLETE HIGHLIGHTED SECTIONS)

NOTE — THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF

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

_______________

BOX A (PRINT OR TYPE)

LC004566 - Page 9 of 20

NAME_________________________________________

VOTING ADDRESS_________________________________________

CITY/TOWN_______________________________________ STATE RI

ZIP CODE_________________________________________

DATE OF BIRTH_______________________

PHONE #_________________________________________

BOX B (PRINT OR TYPE)

NAME OF INSTITUTION (IF APPLICABLE) _____________________________

ADDRESS_________________________________________

ADDRESS_________________________________________

CITY/TOWN_______________________________________ STATE___________

ZIP CODE_________________________________________

FACSIMILE NUMBER (if

applicable)_________________________________________

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

BASIS: (CHECK ONE ONLY)

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

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

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

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

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

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

are residing in BOX B above.

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

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

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

     ( ) 4. I choose to vote by mail. I may not be able to vote at the polling place in my city or

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

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

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

please indicate so in BOX B above.

     BOX D OATH OF VOTER

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

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

LC004566 - Page 10 of 20

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

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

or her mark “X”.

     SIGNATURE IN FULL_________________________________________

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

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

     The emergency mail ballot application to be subscribed by the voters before receiving a

mail ballot shall, in addition to any directions that may be printed, stamped, or written on the

application by authority of the secretary of state, be in substantially the following form:

STATE OF RHODE ISLAND

EMERGENCY APPLICATION OF VOTER FOR BALLOT FOR ELECTION

ON_________________________________________

(COMPLETE HIGHLIGHTED SECTIONS)

NOTE — THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF

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

______________

BOX A (PRINT OR TYPE)

NAME_________________________________________

VOTING ADDRESS_________________________________________

CITY/TOWN_______________________________________ STATE RI

ZIP CODE_________________________________________

DATE OF BIRTH_______________________________________

PHONE#_________________________________________

BOX B (PRINT OR TYPE)

NAME OF INSTITUTION (IF APPLICABLE) ______________________________

ADDRESS_________________________________________

ADDRESS_________________________________________

CITY/TOWN_______________________________________ STATE___________

ZIP CODE_________________________________________

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

     BASIS:

(CHECK ONE ONLY)

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

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

LC004566 - Page 11 of 20

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

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

of canvassers to a person presenting written authorization to pick up the ballot, complete BOX A

above and fill in the person’s name below.

     I hereby authorize

_______________________________________________________________________ to pick

up my ballot at my local board of canvassers.

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

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

are residing in BOX B above.

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

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

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

     ( ) 4. I choose to vote by mail. I may not be able to vote at the polling place in my city or

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

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

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

please indicate so in BOX B above.

     I hereby authorize

_____________________________________________________________________ to pick up

my ballot at my local board of canvassers. Under the pains and penalty of perjury, I certify that on

account of the following circumstances manifested twenty (20) days or less prior to the election

for which I make this application. I will be unable to vote at the polls.

     BOX D OATH OF VOTER

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

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

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

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

or her mark “X”.

     SIGNATURE IN FULL_________________________________________

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

     17-20-14. Voting from hospitals, convalescent homes, nursing homes, rest homes or

similar institutions, public or private, within the State of Rhode Island — Penalty for

interference.

LC004566 - Page 12 of 20

     (a) The state board of elections shall appoint as many bipartisan pairs of supervisors as are

necessary whose duty it shall be to attend each hospital, rest home, nursing home and convalescent

home, or similar types of personal care facility in the state within twenty (20) days prior to the

election. They shall supervise the casting of votes by persons using mail ballots at a place that

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

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

mail ballot cast by a patient in a hospital or convalescent home within this state shall be witnessed

by the state supervisors. It shall be the duty of the person or persons in charge of hospitals, rest

homes, nursing homes and convalescent homes, or similar types of personal care facility to allow

the state supervisors to perform their duties as set forth in this section at all reasonable times. Every

person who willfully hinders the state supervisors in performing their duties as set forth in this

section shall be guilty of a misdemeanor.

     (b) It shall be the responsibility of the state board of elections to provide all bipartisan pairs

of supervisors with an official identification card. All bipartisan pairs of supervisors will be

required to have in their possession their identification card when conducting official business.

     (c) Any person who deliberately misrepresents themselves as an official of the board of

elections, or who deceives, coerces, or interferes with a voter casting a ballot, shall be subject to

prosecution under § 17-20-30.

     17-20-14.1. Mail ballots — Local supervision.

     Each local board shall be authorized to appoint one or more bipartisan pairs of supervisors

in the manner that other bipartisan pairs of supervisors are appointed for each election, whose duty

it shall be to attend each person who makes an application for a mail ballot under §§ 17-20-2.1 and

17-20-2.2, who does not fall under the provisions of § 17-20-14, and who requests that a bipartisan

pair of supervisors be sent by the board of canvassers to that person’s place of residence for the

purpose of supervising or assisting the mail voter in casting his or her vote. The bipartisan pairs of

supervisors shall supervise the casting of votes by persons using the mail ballot at a place that

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

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

failure or neglect of any local board to appoint these bipartisan pairs, or the failure or neglect of

any pair to attend any place at which a mail voter’s ballot may be used, or the marking, sealing, or

mailing of ballots in the absence of any pair, shall not invalidate any ballot.

     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

LC004566 - Page 13 of 20

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

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 have not and will not vote elsewhere in this election. I am not qualified to vote elsewhere.

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

cast by me, and that the signature or mark on this certifying envelope was made by me.

     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.

LC004566 - Page 14 of 20

     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

     Witness:

     ____________________________

     (Signature)(Print Name)(Address)

     (Signature)(Print Name)(Address)

     Note: Mail ballots shall 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 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.

LC004566 - Page 15 of 20

     17-20-24.1. Irregularities in obtaining and casting mail ballots.

     The requirements set forth by this chapter controlling mail ballot eligibility and the

procedure by which mail ballots are obtained and cast shall be strictly applied to assure the integrity

of the electoral system. No mail ballot which was not obtained and/or cast in material conformance

with the provisions of this title shall be certified by the board of elections. Notwithstanding the

provisions of § 34-12-3 to the contrary, any mail ballot application or mail ballot certification

notarized by a person who is not in fact a notary public or other officer authorized to administer

oaths and take acknowledgments shall be void. Nothing in this chapter shall be construed to require

the disqualification of a ballot merely because the elector did not sign the elector’s full name as it

is listed on the voter registration list, but omitted or included a middle initial or name, abbreviated

a first and/or middle name, or made a similar omission or inclusion, as long as the board of elections

can reasonably determine the identity of the voter.

     17-20-30. Penalty for violations.

     (a) Any person who knowingly makes or causes to be made any material false statement in

connection with his or her application to vote as a mail voter, or who votes or attempts to vote

under the provisions of this chapter, by fraudulently signing the name of another upon any envelope

provided for in this chapter, or who, not being a qualified voter and having knowledge or being

chargeable with knowledge of the fact, attempts to vote under this chapter, or who votes the ballot

of another voter, or who deliberately prevents or causes to prevent the mail ballot to be received by

the voter or to be returned to the board of elections, or who falsely notarizes or witnesses the voter

signature on the ballot application or mail ballot, or who deceives, coerces, or interferes with the

voter casting his or her ballot, and any person who does or attempts to do, or aid in doing or

attempting to do, a fraudulent act in connection with any vote cast or to be cast under the provisions

of this chapter, shall be guilty of a felony.

     (b) Any person who, having received a mail voter’s ballot and having voted or not voted

the mail ballot, votes or fraudulently attempts to vote at any elective meeting within the state held

on the day for which the ballot was issued shall be guilty of a felony.

     (c) Any officer or other person who intentionally opens a mail voter’s certified envelope

or examines the contents before the envelope is opened by the board of elections, as provided in

this chapter, shall be guilty of a felony.

     (d) The offenses in this section shall be punishable by imprisonment of not more than ten

(10) years and/or by a fine of not less than five hundred dollars ($500) nor more than five thousand

dollars ($5,000).

     SECTION 2. Chapter 17-20 of the General Laws entitled "Mail Ballots" is hereby amended

LC004566 - Page 16 of 20

by adding thereto the following section:

     17-20-36. Inquiry by board of elections.

     Upon the request of any candidate for public office and upon a showing of good cause for

it or upon its own motion, the board of elections shall inquire into any notary public or witness who

witnesses the voter signatures on more than ten (10) mail ballot envelopes in any one election and

any notary public or witness who the board has reason to believe has not complied with the

provisions of this chapter. The inquiry shall attempt to determine whether the notary public or

witness was actually present when the documents were signed by the voters and whether all other

applicable requirements set forth in this chapter were complied with. Any criminal violation of this

chapter uncovered by the board of elections shall be referred to the state police for further

investigation.

     SECTION 3. Chapter 25-2 of the General Laws entitled "Days of Special Observance" is

hereby amended by adding thereto the following section:

     25-2-60. Election day.

     The first Tuesday of November, of an even numbered year, shall be set aside to be known

as "Election Day" and the governor shall issue a biennial proclamation inviting and urging the

people of the state to observe this day by voting. Additionally, this observance will call to the

attention of the people of our state the importance of elections and its impact on our democracy.

     SECTION 4. Sections 17-20-2.3 and 17-20-22.1 of the General Laws in Chapter 17-20

entitled "Mail Ballots" are hereby repealed.

     17-20-2.3. Online application for mail ballot.

     (a) In addition to any other available means of applying for a mail ballot, the secretary of

state shall establish and maintain a system through which voters may apply for a mail ballot online.

     (b) Applications filed using such system shall be considered filed on the calendar date the

application is initially transmitted by the voter through the online mail ballot application system.

     (c) A voter shall be able to apply for a mail ballot using the online ballot application system

when the voter:

     (1) Completes an online mail ballot application form, established by the secretary of state,

substantially similar to the paper-based mail ballot application form established by § 17-20-13;

     (2) Affirms, subject to penalty of perjury, by means of electronic or manual signature, that

the information contained in the mail ballot application is true; and

     (3) Verifies the voter’s identity by providing the voter’s date of birth and a Rhode Island

driver’s license number or state identification number.

     (d) The portal for mail ballot applications shall be available in any language required by

LC004566 - Page 17 of 20

federal or state voting rights laws.

     (e) To ensure full, equal, and independent access to all voters with disabilities, the portal

for mail ballot applications shall comply with all requirements under Title II of the Americans with

Disabilities Act, 42 U.S.C. §§ 12131-12165, and Web Content Accessibility Guidelines (WCAG)

2.0 compliance level AA.

     17-20-22.1. Mail ballot drop boxes.

     (a) “Drop box” means the locked and secure container established and maintained by the

board of elections, in accordance with this section, that shall serve as a receptacle for the receipt of

mail and emergency ballots cast by voters. Every drop box established by the board of elections

shall be deemed to be the property of the board of elections and shall be accessible to the public,

beginning twenty (20) days prior to the date of a state election and twenty-four (24) hours per day

and seven (7) days per week throughout this period, if established outside a municipal building,

and during the normal business hours of the facility if established inside a municipal building. All

drop boxes must be accessible on election day, from the time polls open until the time they close,

in accordance with §§ 17-18-10 and 17-18-11. Any ballot that is cast by a voter, as either a mail

ballot or emergency ballot, and is deposited into a drop box on or before the close of polls on

election day, shall be deemed to be received by and in the possession of the board of elections. At

the close of polls on election day, upon the last ballot deposited by any person in line at that time,

a designated agent of the board of elections shall ensure that no other ballots are deposited in the

drop box.

     (b) Drop boxes must be labeled “State of Rhode Island Official Ballot Drop Box for Mail

Ballots,” and include language about postage and display the official seal of the board of elections.

Drop boxes must be accessible by persons with disabilities. Drop boxes shall be monitored by a

video surveillance system.

     (c) No town or city shall have fewer than one drop box. A drop box may be established

inside a municipal building, only if the building remains open and accessible to the public

throughout the prescribed time period prior to election day and until the close of the polls, in

accordance with § 17-18-10. A drop box shall also be placed outside the office of the board of

elections and the election division of the office of the secretary of state. Drop boxes must be placed

in locations that are accessible to persons with disabilities.

     (d) Each local board of canvassers shall determine the location of every drop box located

within the geographic area over which that local board has authority, in accordance with the

regulations promulgated by the board of elections.

     (e) Each drop box shall not accept the deposit of mail ballots after the last person in line to

LC004566 - Page 18 of 20

deposit a ballot in that drop box at the time the polls close, on the day of the election, has deposited

their ballot.

     (f) Each local board shall make the location of every drop box within the area over which

it has authority publicly available on its website, to the extent feasible. The board of elections shall

make the location of all drop boxes located within the state publicly available at its office and on

its website.

     (g) The board of elections shall designate one or more staff members of each local board

of canvassers as the official agents of the board of elections, for purposes of retrieving ballots

deposited in drop boxes and establish a schedule and process by which drop boxes are regularly

emptied and any ballots they contain are securely and promptly transported to the board of

elections.

     (h) The board of elections shall promulgate regulations consistent with this section,

including regulations for the location of drop boxes and the receipt, storage, security, regular

collection, and transportation of the mail ballots returned.

     (i) The board of elections may promulgate regulations for the use of drop boxes for

depositing mail ballot applications during the applicable timeframe for accepting mail ballot

applications.

     SECTION 5. This act shall take effect upon passage.

========

LC004566

========

LC004566 - Page 19 of 20

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

***

     This act would establish election day as a day of special observation in the State of Rhode

Island. The act would also restrict the use of mail ballots in elections.

     This act would take effect upon passage.

========

LC004566

========

LC004566 - Page 20 of 20