2024 -- S 2659 | |
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LC005130 | |
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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 E Morgan, Rogers, de la Cruz, DeLuca, and Raptakis | |
Date Introduced: March 01, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 17-20-2.1 and 17-20-2.2 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)(1) Any legally qualified elector of this state whose name appears upon the official |
5 | voting list of the city, town, or district of the city or town where the elector is qualified, and who |
6 | desires to avail himself or herself of the right granted to him or her by the Constitution and declared |
7 | in this chapter, may obtain from the local board in the city or town a form prepared by the secretary |
8 | of 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 | (2) The application shall include proof of the voter's date of birth and a Rhode Island |
11 | driver's license number or state identification number. |
12 | (b) Whenever any person is unable to sign his or her name because of physical incapacity |
13 | or otherwise, that person shall make his or her mark “X”. |
14 | (c) To receive a ballot in the mail, an elector must submit an application in person or by |
15 | mail, so that it is received by the local board, or received electronically through the portal |
16 | established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the twenty-first (21st) day |
17 | before the day of any election referred to in § 17-20-1. |
18 | (d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in |
19 | order to be valid, must have been cast in conformance with the following procedures: |
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1 | (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the |
2 | Rhode Island address provided by the elector on the application. In order to be valid, the voter must |
3 | affix his or her signature on all certifying envelopes containing a voted ballot. |
4 | (2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the |
5 | name and location of the hospital, convalescent home, nursing home, or similar institution where |
6 | the elector is confined. All mail ballots issued pursuant to § 17-20-2(2) shall be delivered to the |
7 | elector at the hospital, convalescent home, nursing home, or similar institution where the elector is |
8 | confined. |
9 | (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed to the address provided |
10 | by the elector on the application or sent to the board of canvassers in the city or town where the |
11 | elector maintains his or her voting residence. In order to be valid, the voter must affix his or her |
12 | signature on the certifying envelope containing voted ballots. Any voter qualified to receive a mail |
13 | ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of |
14 | United States Public Law 99-410, the Uniformed and Overseas Citizens Absentee Voting Act |
15 | (UOCAVA). |
16 | (4) All mail ballots issued pursuant to § 17-20-2(4) may be mailed to the elector at the |
17 | address within the United States provided by the elector on the application or sent to the board of |
18 | canvassers in the city or town where the elector maintains his or her voting residence. In order to |
19 | be valid, the voter must affix his or her signature on all certifying envelopes containing a voted |
20 | ballot. In order to be valid, all ballots sent to the elector at the board of canvassers, must be voted |
21 | in conformance with the provisions of § 17-20-14.2. |
22 | (e) Any person knowingly and willfully making a false application or certification, or |
23 | knowingly and willfully aiding and abetting in the making of a false application or certification, |
24 | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. |
25 | (f) In no way shall a mail ballot application be disqualified if the voter’s circumstances |
26 | change between the time of making the application and voting his or her mail ballot as long as the |
27 | voter remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board |
28 | of canvassers shall provide the state board of elections with written notification of any change in |
29 | circumstances to a mail ballot voter. |
30 | 17-20-2.2. Requirements for validity of emergency mail ballots. |
31 | (a)(1) Any legally qualified elector of this state whose name appears upon the official |
32 | voting list of the town or district of the city or town where the elector is so qualified is eligible to |
33 | vote by emergency mail ballot according to this chapter. Within twenty (20) days or less prior to |
34 | any election, the elector may obtain from the local board an application for an emergency mail |
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1 | ballot or may complete an emergency in-person mail ballot application on an electronic poll pad at |
2 | the board of canvassers where the elector maintains his or her residence. |
3 | (2) The application shall include proof of the voter's date of birth and a Rhode Island |
4 | driver's license number or state identification number. |
5 | (b) The emergency mail ballot application, when duly executed, shall be delivered in |
6 | person or by mail so that it shall be received by the local board, or received electronically through |
7 | the portal established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the last day |
8 | preceding the date of the election. |
9 | (c) The elector shall execute the emergency mail ballot application in accordance with the |
10 | requirements of this chapter. |
11 | (d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail |
12 | ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, in |
13 | order to be valid, must have been cast in conformance with the following procedures: |
14 | (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the |
15 | state of Rhode Island address provided on the application by the office of the secretary of state, or |
16 | delivered by the local board to a person presenting written authorization from the elector to receive |
17 | the ballots, or cast in private at the local board of canvassers. In order to be valid, the voter must |
18 | affix his or her signature on the certifying envelope containing a voted ballot. In order to be valid, |
19 | all ballots sent to the elector at the board of canvassers must be voted in conformance with the |
20 | provisions of § 17-20-14.2. |
21 | (2) All applications for emergency mail ballots pursuant to § 17-20-2(2) must state under |
22 | oath the name and location of the hospital, convalescent home, nursing home, or similar institution |
23 | where the elector is confined. All mail ballots issued pursuant to this subdivision shall be delivered |
24 | to the elector by the bipartisan pair of supervisors, appointed in conformance with this chapter, and |
25 | shall be voted in conformance with the provisions of § 17-20-14. |
26 | (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed by the office of the |
27 | secretary of state to the elector at an address provided by the elector on the application, or cast at |
28 | the board of canvassers in the city or town where the elector maintains his or her voting residence. |
29 | Any voter qualified to receive a mail ballot pursuant to § 17-20-2(3) shall also be entitled to cast a |
30 | ballot pursuant to the provisions of United States Public Law 99-410, the Uniformed and Overseas |
31 | Citizens Absentee Voting Act (UOCAVA). |
32 | (4) All mail ballots issued pursuant to § 17-20-2(4) shall be cast at the board of canvassers |
33 | in the city or town where the elector maintains his or her voting residence or mailed by the office |
34 | of the secretary of state to the elector at the address within the United States provided by the elector |
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1 | on the application, or delivered to the voter by a person presenting written authorization by the |
2 | voter to pick up the ballot. In order to be valid, the voter must affix his or her signature on all |
3 | certifying envelopes containing a voted ballot. In order to be valid, all ballots sent to the elector at |
4 | the board of canvassers must be voted in conformance with the provisions of § 17-20-14.2. |
5 | (e) The secretary of state shall provide each of the several boards of canvassers with a |
6 | sufficient number of mail ballots for their voting districts so that the local boards may provide the |
7 | appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to |
8 | process each emergency ballot application in accordance with this chapter, and it shall be the duty |
9 | of each board to return to the secretary of state any ballots not issued immediately after each |
10 | election. |
11 | (f) Any person knowingly and willfully making a false application or certification, or |
12 | knowingly and willfully aiding and abetting in the making of a false application or certification, |
13 | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. |
14 | (g) An emergency mail ballot application may be completed in person using an electronic |
15 | poll pad provided by the board of canvassers upon presentation by the voter of valid proof of |
16 | identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be |
17 | provided with a ballot issued by the secretary of state and upon completion of the ballot by the |
18 | voter, the voter shall place the ballot into the state-approved electronic voting device, provided by |
19 | the board of elections and secured in accordance with a policy adopted by the board of elections. |
20 | SECTION 2. This act shall take effect upon passage. |
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LC005130 | |
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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 require verification of an applicant's date of birth and either a Rhode Island |
2 | driver's license number or state identification number on all applications seeking mail ballots and |
3 | emergency mail ballots. |
4 | This act would take effect upon passage. |
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LC005130 | |
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