2024 -- S 2659

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LC005130

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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 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:

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     SECTION 1. Sections 17-20-2.1 and 17-20-2.2 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)(1) Any legally qualified elector of this state whose name appears upon the official

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

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

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

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of 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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     (2) The application shall include proof of the voter's date of birth and a Rhode Island

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driver's license number or state identification number.

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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”.

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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.

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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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     17-20-2.2. Requirements for validity of emergency mail ballots.

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     (a)(1) Any legally qualified elector of this state whose name appears upon the official

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voting list of the town or district of the city or town where the elector is so qualified is eligible to

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

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any election, the elector may obtain from the local board an application for an emergency mail

 

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ballot or may complete an emergency in-person mail ballot application on an electronic poll pad at

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the board of canvassers where the elector maintains his or her residence.

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     (2) The application shall include proof of the voter's date of birth and a Rhode Island

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driver's license number or state identification number.

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     (b) The emergency mail ballot application, when duly executed, shall be delivered in

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person or by mail so that it shall be received by the local board, or received electronically through

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

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preceding the date of the election.

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     (c) The elector shall execute the emergency mail ballot application in accordance with the

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requirements of this chapter.

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

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ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, 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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state of Rhode Island address provided on the application by the office of the secretary of state, or

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delivered by the local board to a person presenting written authorization from the elector to receive

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the ballots, or cast in private at the local board of canvassers. In order to be valid, the voter must

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affix his or her signature on the certifying envelope containing a voted ballot. In order to be valid,

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all ballots sent to the elector at the board of canvassers must be voted in conformance with the

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provisions of § 17-20-14.2.

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

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

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where the elector is confined. All mail ballots issued pursuant to this subdivision shall be delivered

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to the elector by the bipartisan pair of supervisors, appointed in conformance with this chapter, and

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shall be voted in conformance with the provisions of § 17-20-14.

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     (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed by the office of the

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secretary of state to the elector at an address provided by the elector on the application, or cast at

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the board of canvassers in the city or town where the elector maintains his or her voting residence.

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Any voter qualified to receive a mail ballot pursuant to § 17-20-2(3) shall also be entitled to cast a

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ballot pursuant to the provisions of United States Public Law 99-410, the Uniformed and Overseas

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Citizens Absentee Voting Act (UOCAVA).

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     (4) All mail ballots issued pursuant to § 17-20-2(4) shall be cast at the board of canvassers

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in the city or town where the elector maintains his or her voting residence or mailed by the office

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of the secretary of state to the elector at the address within the United States provided by the elector

 

LC005130 - Page 3 of 5

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on the application, or delivered to the voter by a person presenting written authorization by the

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voter to pick up the ballot. In order to be valid, the voter must affix his or her signature on all

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certifying envelopes containing a voted ballot. In order to be valid, all ballots sent to the elector at

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the board of canvassers must be voted in conformance with the provisions of § 17-20-14.2.

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     (e) The secretary of state shall provide each of the several boards of canvassers with a

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sufficient number of mail ballots for their voting districts so that the local boards may provide the

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appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to

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process each emergency ballot application in accordance with this chapter, and it shall be the duty

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of each board to return to the secretary of state any ballots not issued immediately after each

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election.

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     (f) 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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     (g) An emergency mail ballot application may be completed in person using an electronic

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poll pad provided by the board of canvassers upon presentation by the voter of valid proof of

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identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be

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provided with a ballot issued by the secretary of state and upon completion of the ballot by the

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voter, the voter shall place the ballot into the state-approved electronic voting device, provided by

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the board of elections and secured in accordance with a policy adopted by the 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 require verification of an applicant's date of birth and either a Rhode Island

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driver's license number or state identification number on all applications seeking mail ballots and

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emergency mail ballots.

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     This act would take effect upon passage.

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