2024 -- S 2778 SUBSTITUTE A | |
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LC004769/SUB A | |
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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 | |
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Introduced By: Senators Acosta, Quezada, DiMario, Mack, Euer, and Kallman | |
Date Introduced: March 08, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 17-20-2.1, 17-20-3, 17-20-8, 17-20-10, 17-20-13 and 17-20-21 of |
2 | the General Laws in Chapter 17-20 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” blindness, disability, or inability to read |
12 | or write, the voter or their assistant shall mark a box to indicate the voter cannot sign due to |
13 | blindness, disability, or inability to read or write and include the full name, residence address, |
14 | signature, and optionally the telephone number and e-mail address, of the person who provided |
15 | assistance to the voter on a form provided by the secretary of state. The representation relating to |
16 | the voter's inability to sign shall be made under the pains and penalties of perjury. |
17 | (c) To receive a ballot in the mail, an elector must submit an application in person or by |
18 | mail, so that it is received by the local board, or received electronically through the portal |
19 | 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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1 | before the day of any election referred to in § 17-20-1. In those cases where an application to receive |
2 | a mail ballot is postmarked by the twenty-first (21st) day before the date of an election and received |
3 | not later than eighteen (18) days before the date of an election, the application shall be considered |
4 | received on or prior to the last day to apply for a mail ballot. |
5 | (d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in |
6 | order to be valid, must have been cast in conformance with the following procedures: |
7 | (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the |
8 | Rhode Island address provided by the elector on the application. In order to be valid, the voter must |
9 | affix his or her signature on all certifying envelopes containing a voted ballot. |
10 | (2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the |
11 | name and location of the hospital, convalescent home, nursing home, or similar institution where |
12 | the elector is confined. All mail ballots issued pursuant to § 17-20-2(2) shall be delivered to the |
13 | elector at the hospital, convalescent home, nursing home, or similar institution where the elector is |
14 | confined. |
15 | (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed to the address provided |
16 | by the elector on the application or sent to the board of canvassers in the city or town where the |
17 | elector maintains his or her voting residence. In order to be valid, the voter must affix his or her |
18 | signature on the certifying envelope containing voted ballots. Any voter qualified to receive a mail |
19 | ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of |
20 | United States Public Law 99-410, the Uniformed and Overseas Citizens Absentee Voting Act |
21 | (UOCAVA). |
22 | (4) All mail ballots issued pursuant to § 17-20-2(4) may be mailed to the elector at the |
23 | address within the United States provided by the elector on the application or sent to the board of |
24 | canvassers in the city or town where the elector maintains his or her voting residence. In order to |
25 | be valid, the voter must affix his or her signature on all certifying envelopes containing a voted |
26 | ballot. In order to be valid, all ballots sent to the elector at the board of canvassers, must be voted |
27 | in conformance with the provisions of § 17-20-14.2. |
28 | (e) Any person knowingly and willfully making a false application or certification, or |
29 | knowingly and willfully aiding and abetting in the making of a false application or certification, |
30 | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. |
31 | (f) In no way shall a mail ballot application be disqualified if the voter’s circumstances |
32 | change between the time of making the application and voting his or her mail ballot as long as the |
33 | voter remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board |
34 | of canvassers shall provide the state board of elections with written notification of any change in |
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1 | circumstances to a mail ballot voter. |
2 | 17-20-3. Definitions. |
3 | (a) Wherever used in this chapter, every word importing only the masculine gender is |
4 | construed to extend to, and include, females as well as males. |
5 | (b) Whenever used in this chapter, “bipartisan pairs of supervisors” for primaries means a |
6 | supervisor representing the endorsed candidates and a supervisor representing a majority of |
7 | unendorsed candidates, and for nonpartisan elections and primaries means non-partisan pairs of |
8 | supervisors. |
9 | (c) Wherever used in this chapter, “employed outside of the United States” includes any |
10 | person who is: |
11 | (1) Employed by any agency, department, or division of the United States government and |
12 | who, by reason of that employment, resides outside of the continental United States; |
13 | (2) Employed outside the territorial limits of the United States; or |
14 | (3) A spouse or dependent residing with persons so employed. |
15 | (d) Wherever used in this chapter, “services intimately connected with military operations” |
16 | includes members of religious groups or welfare agencies assisting members of the armed forces |
17 | who are officially attached to and serving with the armed forces and their spouses and dependents, |
18 | and the spouses and dependents of members of the armed forces and of the merchant marine; |
19 | provided, that the spouses and dependents are residing outside of the state with the members of the |
20 | armed forces, merchant marine, or members of the religious or welfare agencies. |
21 | (e) Whenever a signature is required by a voter in this chapter, “signature” also means the |
22 | voter’s mark “X” if the person is unable to sign his or her name because of physical incapacity or |
23 | otherwise blindness, disability, or inability to read or write, or by affixing the voter's signature by |
24 | a person providing assistance to the voter in accordance with the requirements of this chapter. |
25 | (f) Whenever used in this chapter, “bipartisan” means not of the same recognized political |
26 | party. |
27 | (g) Whenever used in this chapter, “emergency” voting pursuant to § 17-20-2.2(g) shall be |
28 | construed to mean “early” voting. |
29 | 17-20-8. Application for ballot. |
30 | (a) Whenever any person is unable to sign his or her name because of physical incapacity |
31 | or otherwise, that person shall make his or her mark “X” blindness, disability, or inability to read |
32 | or write, the voter or their assistant shall mark a box to indicate the voter cannot sign due to |
33 | blindness, disability, or inability to read or write and include the full name, residence address, |
34 | signature, and optionally the telephone number and e-mail address, of the person who provided |
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1 | assistance to the voter on a form provided by the secretary of state. The representation relating to |
2 | the voter's inability to sign shall be made under the pains and penalties of perjury. |
3 | (b) Notwithstanding any other provision of this chapter as to time and manner thereof, it |
4 | shall be the duty of the applicant to cause the mail ballot application or the emergency mail ballot |
5 | application, as the case may be, to be processed by the local board so that the applicant may receive |
6 | the ballot, cast it, and cause delivery thereof to be made to the state board not later than eight |
7 | o’clock (8:00) p.m. on the date of election. |
8 | (c) The local board shall maintain a separate list of names and addresses of all applicants |
9 | and a copy of the list shall be made available for inspection to any person upon request. |
10 | (d) Any person knowingly and willfully making a false application or certification or |
11 | knowingly and willfully aiding and abetting in the making of a false application or certification |
12 | shall be guilty of a felony. |
13 | (e) Voters shall be able to apply for a mail ballot electronically through the voter |
14 | registration portal established by § 17-20-2.3. |
15 | 17-20-10. Certification of applications — Issuance of ballots — Marking of lists — |
16 | Mailing address. |
17 | (a) Upon receipt of the application, the local board shall immediately examine it and |
18 | determine whether it complies with each of the requirements set forth by this chapter and compare |
19 | the signature on the ballot application with the signature contained on the original registration card |
20 | or on the central voter registration system, except as may be otherwise provided by law, to satisfy |
21 | itself that the applicant is a qualified voter. Upon determining that it does meet each requirement |
22 | of this chapter and that the signature appears to be the same, the local board shall mark the |
23 | application “accepted” and record in the space provided on the ballot application the senatorial, |
24 | representative, and voting district in which the applicant should vote. |
25 | (b) The local board shall also record the city or town code and district information in the |
26 | mailing label section of the mail ballot application. The local board shall also print or type the name |
27 | of the elector and the complete mailing address in that section. If the local board does not accept |
28 | the application, the local board shall return the application to the elector, together with a form |
29 | prescribed by the secretary of state, specifying the reason or reasons for the return of the application. |
30 | (c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election |
31 | referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs |
32 | first, the local board shall certify the applications to the secretary of state through the central voter |
33 | registration system as this procedure is prescribed by the secretary of state. Upon the certification |
34 | of a mail ballot application to the secretary of state, the local board shall enter on the voting list the |
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1 | fact that a mail ballot application for the voter has been certified and, upon order by the state board, |
2 | shall cause the delivery of the certified mail ballot applications together with the signed certified |
3 | listing thereof in sealed packages to the state board of elections. |
4 | (d)(1) Upon the ballots becoming available, the secretary of state shall immediately issue |
5 | and mail, by first-class mail, postage prepaid, a mail ballot to each eligible voter who has been |
6 | certified. With respect to voters who have applied for these mail ballots under the provisions of § |
7 | 17-20-2(1), the secretary of state shall include with the mail ballots a stamped, return envelope |
8 | addressed to the board of elections. |
9 | (2) The secretary of state shall include on the mail ballot envelope a numerical or |
10 | alphabetical code designating the city or town where the voter resides. The secretary of state shall |
11 | immediately thereafter indicate on the voter’s record that the secretary of state has sent mail ballots; |
12 | provided that this mark shall serve solely to indicate that a mail ballot has been issued and shall not |
13 | be construed as voting in the election. |
14 | (e) Prior to each election, the secretary of state shall also furnish to the chairperson of the |
15 | state committee of each political party a list of the names and residence addresses of all persons to |
16 | whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for |
17 | political office, upon request, a list of the names and residence addresses of all persons to whom |
18 | mail ballots have been issued within his or her district. |
19 | (f) If a ballot is returned to the secretary of state by the postal service as undeliverable, the |
20 | secretary of state shall consult with the appropriate local board to determine the accuracy of the |
21 | mailing address, and the secretary of state shall be required to remail the ballot to the voter using |
22 | the corrected address provided by the local board. If the local board is unable to provide a different |
23 | address than that to which the ballot was originally mailed, the ballot shall be reissued by the |
24 | secretary of state to the board of canvassers in the city or town where the voter resides utilizing the |
25 | numerical or alphabetical code established in subsection (d) of this section. The board shall then |
26 | attempt to notify the voter at his or her place of residence that the ballot has been returned as |
27 | undeliverable. The ballot must be voted in accordance with the provisions of this chapter. |
28 | (g) The acceptance of a mail ballot application by the board of canvassers and the issuance |
29 | of a mail ballot by the secretary of state shall not create any presumption as to the accuracy of the |
30 | information provided by the applicant or as to the applicant’s compliance with the provisions of |
31 | this chapter. Any inaccuracy in the provided information or irregularity in the application may be |
32 | raised as a challenge to the ballot before the board of elections at the time of certification. If the |
33 | challenge raised at that time is meritorious, the ballot shall be voided. |
34 | (h) Within two (2) business days of receipt by the local board, the board shall certify |
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1 | emergency mail ballot applications and, when directed by the state board or its staff, shall cause |
2 | the delivery of the emergency mail ballot applications, and certification sheet in sealed packages to |
3 | the state board of elections. |
4 | 17-20-13. Form of application. |
5 | The application to be subscribed by the voters before receiving a mail ballot shall, in |
6 | addition to those directions that may be printed, stamped, or written on it by authority of the |
7 | secretary of state, be in substantially the following form: |
8 | STATE OF RHODE ISLAND |
9 | APPLICATION OF VOTER FOR BALLOT FOR ELECTION |
10 | ON_________________________________________ |
11 | (COMPLETE HIGHLIGHTED SECTIONS) |
12 | NOTE — THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF |
13 | CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M ON |
14 | _______________ |
15 | BOX A (PRINT OR TYPE) |
16 | NAME_________________________________________ |
17 | VOTING ADDRESS_________________________________________ |
18 | CITY/TOWN_______________________________________ STATE RI |
19 | ZIP CODE_________________________________________ |
20 | DATE OF BIRTH_______________________ |
21 | PHONE #_________________________________________ |
22 | BOX B (PRINT OR TYPE) |
23 | NAME OF INSTITUTION (IF APPLICABLE) _____________________________ |
24 | ADDRESS_________________________________________ |
25 | ADDRESS_________________________________________ |
26 | CITY/TOWN_______________________________________ STATE___________ |
27 | ZIP CODE_________________________________________ |
28 | FACSIMILE NUMBER (if |
29 | applicable)_________________________________________ |
30 | I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING |
31 | BASIS: (CHECK ONE ONLY) |
32 | ( ) 1. I am incapacitated to such an extent that it would be an undue hardship to vote at the |
33 | polls because of illness, mental or physical disability, blindness, or a serious impairment of |
34 | mobility. If the ballot is not being mailed to your voter registration address (BOX A above) please |
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1 | provide the Rhode Island address where you are temporarily residing in BOX B above. |
2 | ( ) 2. I am confined in a hospital, convalescent home, nursing home, rest home, or similar |
3 | institution within the State of Rhode Island. Provide the name and address of the facility where you |
4 | are residing in BOX B above. |
5 | ( ) 3. I am employed or in service intimately connected with military operations or because |
6 | I am a spouse or dependent of such person, or I am a United States citizen and will be outside the |
7 | United States. Complete BOX B above or the ballot will be mailed to the local board of canvassers. |
8 | ( ) 4. I choose to vote by mail. If the ballot is not being mailed to your voter registration |
9 | address (BOX A above) please provide the address within the United States where you are |
10 | temporarily residing in BOX B above. If you request that your ballot be sent to your local board of |
11 | canvassers please indicate so in BOX B above. |
12 | BOX D OATH OF VOTER |
13 | I declare under the pains and penalty of perjury that all of the information I have provided |
14 | on this form is true and correct to the best of my knowledge. I further state that I am not a qualified |
15 | voter of any other city or town or state and have not claimed and do not intend to claim the right to |
16 | vote in any other city or town or state. If unable to sign name because of physical incapacity or |
17 | otherwise, applicant shall make his or her mark “X” blindness, disability, or inability to read or |
18 | write, the applicant shall mark the box to indicate the voter cannot sign due to blindness, disability, |
19 | or inability to read or write, and include the full name, residence address, signature, and optionally |
20 | the telephone number and e-mail address of the person who provided assistance to the voter. |
21 | SIGNATURE IN FULL_________________________________________ |
22 | Please note: A Power of Attorney signature is not valid in Rhode Island. |
23 | 17-20-21. Certifying envelopes. |
24 | The secretary of state shall cause to be prepared and printed and shall furnish with each |
25 | mail ballot an envelope for sealing up and certifying the ballot when returned. The envelope shall |
26 | be printed in substantially the following form: |
27 | “After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to |
28 | statement hereon. Enclose in envelope addressed to board of elections, which must receive the |
29 | envelope not later than the time prescribed by § 17-18-11 for the closing of polling places on the |
30 | day of election.” |
31 | Date of Election:______________ City/Town of:__________________ |
32 | Certificate of Voter |
33 | Print Name of Voter |
34 | I swear or affirm, under penalty of perjury, that I am: |
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1 | • I am a United States citizen; |
2 | • I am a resident and qualified voter of the State of Rhode Island; |
3 | • I am eligible to cast a mail ballot under the provisions of § 17-20-2; and |
4 | • I have not and will not vote elsewhere in this election. |
5 | I hereby attest under the pains and penalty of perjury, that the enclosed voted ballot was |
6 | cast by me, and that the signature or mark on this certifying envelope was made by me. |
7 | Voter must sign full name here: _______________________________________ |
8 | (If unable to sign name because of physical incapacity or otherwise, voter shall make his |
9 | or her mark “(X)” blindness, disability, or inability to read or write, the voter or their assistant shall |
10 | mark a box to indicate the voter cannot sign due to blindness, disability, or inability to read or write |
11 | and include the full name, residence address, signature, and optionally the telephone number and |
12 | e-mail address, of the person who provided assistance to the voter on the certifying envelope |
13 | provided by the secretary of state. The representation relating to the voter's inability to sign shall |
14 | be made under the pains and penalties of perjury). |
15 | SECTION 2. This act shall take effect upon passage. |
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LC004769/SUB A | |
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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 eliminate the requirement of signing with an "X" for voters who cannot |
2 | sign their name due to blindness, disability, or inability to read or write and would establish a |
3 | timeframe for local boards to accept mail ballot applications, if delivered via the postal service. |
4 | This act would take effect upon passage. |
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LC004769/SUB A | |
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