2024 -- S 2101 | |
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LC003657 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO ELECTIONS -- MAIL BALLOTS | |
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Introduced By: Senators Acosta, Euer, Zurier, Mack, Cano, Gu, Quezada, Bell, and | |
Date Introduced: January 12, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 17-20-2.1 and 17-20-10 of the General Laws in Chapter 17-20 |
2 | entitled "Mail Ballots" are hereby amended to read as follows: |
3 | 17-20-2.1. Requirements for validity of mail ballot and mail ballot applications. |
4 | (a) Any legally qualified elector of this state whose name appears upon the official voting |
5 | list of the city, town, or district of the city or town where the elector is qualified, and who desires |
6 | to avail himself or herself of the right granted to him or her by the Constitution and declared in this |
7 | chapter, may obtain from the local board in the city or town a form prepared by the secretary of |
8 | state as prescribed in this section, setting forth the elector’s application for a mail ballot or may |
9 | apply online in accordance with § 17-20-2.3. |
10 | (b) Whenever any person is unable to sign his or her name because of physical incapacity |
11 | or otherwise, that person shall make his or her mark “X” voter. |
12 | (c) To receive a ballot in the mail, an elector must submit an application in person or by |
13 | mail, so that it is received by the local board, or received electronically through the portal |
14 | established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the twenty-first (21st) day |
15 | before the day of any election referred to in § 17-20-1. In those cases where an application to receive |
16 | a mail ballot is received not later than three (3) days after the twenty-first day before the date of an |
17 | election and which is delivered by the postal service to the local board, the application shall be |
18 | considered received on or prior to the last day to apply for a mail ballot. |
19 | (d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in |
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1 | order to be valid, must have been cast in conformance with the following procedures: |
2 | (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the |
3 | Rhode Island address provided by the elector on the application. In order to be valid, the voter must |
4 | affix his or her signature on all certifying envelopes containing a voted ballot. |
5 | (2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the |
6 | name and location of the hospital, convalescent home, nursing home, or similar institution where |
7 | the elector is confined. All mail ballots issued pursuant to § 17-20-2(2) shall be delivered to the |
8 | elector at the hospital, convalescent home, nursing home, or similar institution where the elector is |
9 | confined. |
10 | (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed to the address provided |
11 | by the elector on the application or sent to the board of canvassers in the city or town where the |
12 | elector maintains his or her voting residence. In order to be valid, the voter must affix his or her |
13 | signature on the certifying envelope containing voted ballots. Any voter qualified to receive a mail |
14 | ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of |
15 | United States Public Law 99-410, the Uniformed and Overseas Citizens Absentee Voting Act |
16 | (UOCAVA). |
17 | (4) All mail ballots issued pursuant to § 17-20-2(4) may be mailed to the elector at the |
18 | address within the United States provided by the elector on the application or sent to the board of |
19 | canvassers in the city or town where the elector maintains his or her voting residence. In order to |
20 | be valid, the voter must affix his or her signature on all certifying envelopes containing a voted |
21 | ballot. In order to be valid, all ballots sent to the elector at the board of canvassers, must be voted |
22 | in conformance with the provisions of § 17-20-14.2. |
23 | (e) Any person knowingly and willfully making a false application or certification, or |
24 | knowingly and willfully aiding and abetting in the making of a false application or certification, |
25 | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. |
26 | (f) In no way shall a mail ballot application be disqualified if the voter’s circumstances |
27 | change between the time of making the application and voting his or her mail ballot as long as the |
28 | voter remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board |
29 | of canvassers shall provide the state board of elections with written notification of any change in |
30 | circumstances to a mail ballot voter. |
31 | 17-20-10. Certification of applications — Issuance of ballots — Marking of lists — |
32 | Mailing address. |
33 | (a) Upon receipt of the application, the local board shall immediately examine it and |
34 | determine whether it complies with each of the requirements set forth by this chapter and compare |
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1 | the signature on the ballot application with the signature contained on the original registration card |
2 | or on the central voter registration system, except as may be otherwise provided by law, to satisfy |
3 | itself that the applicant is a qualified voter. Upon determining that it does meet each requirement |
4 | of this chapter and that the signature appears to be the same, the local board shall mark the |
5 | application “accepted” and record in the space provided on the ballot application the senatorial, |
6 | representative, and voting district in which the applicant should vote. |
7 | (b) The local board shall also record the city or town code and district information in the |
8 | mailing label section of the mail ballot application. The local board shall also print or type the name |
9 | of the elector and the complete mailing address in that section. If the local board does not accept |
10 | the application, the local board shall return the application to the elector, together with a form |
11 | prescribed by the secretary of state, specifying the reason or reasons for the return of the application. |
12 | (c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election |
13 | referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs |
14 | first, the local board shall certify the applications to the secretary of state through the central voter |
15 | registration system as this procedure is prescribed by the secretary of state. Upon the certification |
16 | of a mail ballot application to the secretary of state, the local board shall enter on the voting list the |
17 | fact that a mail ballot application for the voter has been certified and, upon order by the state board, |
18 | shall cause the delivery of the certified mail ballot applications together with the signed certified |
19 | listing thereof in sealed packages to the state board of elections. |
20 | (d)(1) Upon the ballots becoming available, the secretary of state shall immediately issue |
21 | and mail, by first-class mail, postage prepaid, a mail ballot to each eligible voter who has been |
22 | certified. With respect to voters who have applied for these mail ballots under the provisions of § |
23 | 17-20-2(1), the secretary of state shall include with the mail ballots a stamped, return envelope |
24 | addressed to the board of elections. |
25 | (2) The secretary of state shall include on the mail ballot envelope a numerical or |
26 | alphabetical code designating the city or town where the voter resides. The secretary of state shall |
27 | immediately thereafter indicate on the voter’s record that the secretary of state has sent mail ballots; |
28 | provided that this mark shall serve solely to indicate that a mail ballot has been issued and shall not |
29 | be construed as voting in the election. |
30 | (e) Prior to each election, the secretary of state shall also furnish to the chairperson of the |
31 | state committee of each political party a list of the names and residence addresses of all persons to |
32 | whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for |
33 | political office, upon request, a list of the names and residence addresses of all persons to whom |
34 | mail ballots have been issued within his or her district. |
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1 | (f) If a ballot is returned to the secretary of state by the postal service as undeliverable, the |
2 | secretary of state shall consult with the appropriate local board to determine the accuracy of the |
3 | mailing address, and the secretary of state shall be required to remail the ballot to the voter using |
4 | the corrected address provided by the local board. If the local board is unable to provide a different |
5 | address than that to which the ballot was originally mailed, the ballot shall be reissued by the |
6 | secretary of state to the board of canvassers in the city or town where the voter resides utilizing the |
7 | numerical or alphabetical code established in subsection (d) of this section. The board shall then |
8 | attempt to notify the voter at his or her place of residence that the ballot has been returned as |
9 | undeliverable. The ballot must be voted in accordance with the provisions of this chapter. |
10 | (g) The acceptance of a mail ballot application by the board of canvassers and the issuance |
11 | of a mail ballot by the secretary of state shall not create any presumption as to the accuracy of the |
12 | information provided by the applicant or as to the applicant’s compliance with the provisions of |
13 | this chapter. Any inaccuracy in the provided information or irregularity in the application may be |
14 | raised as a challenge to the ballot before the board of elections at the time of certification. If the |
15 | challenge raised at that time is meritorious, the ballot shall be voided. |
16 | (h) Within two (2) business days of receipt by the local board, the board shall certify |
17 | emergency mail ballot applications and, when directed by the state board or its staff, shall cause |
18 | the delivery of the emergency mail ballot applications, and certification sheet in sealed packages to |
19 | the state board of elections. |
20 | SECTION 2. This act shall take effect upon passage. |
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LC003657 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO ELECTIONS -- MAIL BALLOTS | |
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1 | This act would establish a three (3) day transmittal period after the deadline for local boards |
2 | to accept mail ballot applications, if delivered via the postal service, and would eliminate the |
3 | requirement that local boards bring mail ballot certification sheets and applications to the state |
4 | board, unless directed to do so by the state board. |
5 | This act would take effect upon passage. |
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LC003657 | |
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