2024 -- S 2101

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

     

     Introduced By: Senators Acosta, Euer, Zurier, Mack, Cano, Gu, Quezada, Bell, and
Murray

     Date Introduced: January 12, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 17-20-2.1 and 17-20-10 of the General Laws in Chapter 17-20

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

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

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

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

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

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chapter, may obtain from the local board in the city or town a form prepared by the secretary of

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

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

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

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or otherwise, that person shall make his or her mark “X” voter.

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     (c) To receive a ballot in the mail, an elector must submit an application in person or by

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mail, so that it is received by the local board, or received electronically through the portal

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established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the twenty-first (21st) day

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before the day of any election referred to in § 17-20-1. In those cases where an application to receive

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a mail ballot is received not later than three (3) days after the twenty-first day before the date of an

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election and which is delivered by the postal service to the local board, the application shall be

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considered received on or prior to the last day to apply for a mail ballot.

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

 

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

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

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Rhode Island address provided by the elector on the application. In order to be valid, the voter must

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affix his or her signature on all certifying envelopes containing a voted ballot.

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

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

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

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

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confined.

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

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

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elector maintains his or her voting residence. In order to be valid, the voter must affix his or her

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signature on the certifying envelope containing voted ballots. Any voter qualified to receive a mail

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ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of

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United States Public Law 99-410, the Uniformed and Overseas Citizens Absentee Voting Act

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(UOCAVA).

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

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

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canvassers in the city or town where the elector maintains his or her voting residence. In order to

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be valid, the voter must affix his or her signature on all certifying envelopes containing a voted

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ballot. 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 § 17-20-14.2.

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     (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 § 17-26-1.

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

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

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

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

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circumstances to a mail ballot voter.

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

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Mailing address.

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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fact that a mail ballot application for the voter has been certified and, upon order by the state board,

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shall cause the delivery of the certified mail ballot applications together with the signed certified

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listing thereof in sealed packages to the state board of elections.

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

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

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

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

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addressed to the board of elections.

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

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

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

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

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be construed as voting in the election.

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

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

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

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

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mail ballots have been issued within his or her district.

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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emergency mail ballot applications and, when directed by the state board or its staff, shall cause

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the delivery of the emergency mail ballot applications, and certification sheet in sealed packages to

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the state board of elections.

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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 establish a three (3) day transmittal period after the deadline for local boards

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to accept mail ballot applications, if delivered via the postal service, and would eliminate the

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requirement that local boards bring mail ballot certification sheets and applications to the state

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board, unless directed to do so by the state board.

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     This act would take effect upon passage.

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