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

     

     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:

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     SECTION 1. Sections 17-20-2.1, 17-20-3, 17-20-8, 17-20-10, 17-20-13 and 17-20-21 of

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the General Laws in Chapter 17-20 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” blindness, disability, or inability to read

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or write, the voter or their assistant shall mark a box to indicate the voter cannot sign due to

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blindness, disability, or inability to read or write and include the full name, residence address,

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signature, and optionally the telephone number and e-mail address, of the person who provided

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assistance to the voter on a form provided by the secretary of state. The representation relating to

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the voter's inability to sign shall be made under the pains and penalties of perjury.

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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 postmarked by the twenty-first (21st) day before the date of an election and received

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not later than eighteen (18) days before the date of an election, the application shall be considered

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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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     17-20-3. Definitions.

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     (a) Wherever used in this chapter, every word importing only the masculine gender is

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construed to extend to, and include, females as well as males.

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     (b) Whenever used in this chapter, “bipartisan pairs of supervisors” for primaries means a

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supervisor representing the endorsed candidates and a supervisor representing a majority of

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unendorsed candidates, and for nonpartisan elections and primaries means non-partisan pairs of

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supervisors.

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     (c) Wherever used in this chapter, “employed outside of the United States” includes any

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person who is:

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     (1) Employed by any agency, department, or division of the United States government and

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who, by reason of that employment, resides outside of the continental United States;

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     (2) Employed outside the territorial limits of the United States; or

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     (3) A spouse or dependent residing with persons so employed.

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     (d) Wherever used in this chapter, “services intimately connected with military operations”

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includes members of religious groups or welfare agencies assisting members of the armed forces

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who are officially attached to and serving with the armed forces and their spouses and dependents,

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and the spouses and dependents of members of the armed forces and of the merchant marine;

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provided, that the spouses and dependents are residing outside of the state with the members of the

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armed forces, merchant marine, or members of the religious or welfare agencies.

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     (e) Whenever a signature is required by a voter in this chapter, “signature” also means the

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voter’s mark “X” if the person is unable to sign his or her name because of physical incapacity or

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otherwise blindness, disability, or inability to read or write, or by affixing the voter's signature by

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a person providing assistance to the voter in accordance with the requirements of this chapter.

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     (f) Whenever used in this chapter, “bipartisan” means not of the same recognized political

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party.

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     (g) Whenever used in this chapter, “emergency” voting pursuant to § 17-20-2.2(g) shall be

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construed to mean “early” voting.

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     17-20-8. Application for ballot.

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     (a) 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” blindness, disability, or inability to read

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or write, the voter or their assistant shall mark a box to indicate the voter cannot sign due to

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blindness, disability, or inability to read or write and include the full name, residence address,

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signature, and optionally the telephone number and e-mail address, of the person who provided

 

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assistance to the voter on a form provided by the secretary of state. The representation relating to

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the voter's inability to sign shall be made under the pains and penalties of perjury.

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     (b) Notwithstanding any other provision of this chapter as to time and manner thereof, it

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shall be the duty of the applicant to cause the mail ballot application or the emergency mail ballot

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application, as the case may be, to be processed by the local board so that the applicant may receive

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the ballot, cast it, and cause delivery thereof to be made to the state board not later than eight

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o’clock (8:00) p.m. on the date of election.

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     (c) The local board shall maintain a separate list of names and addresses of all applicants

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and a copy of the list shall be made available for inspection to any person upon request.

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     (d) 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.

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     (e) Voters shall be able to apply for a mail ballot electronically through the voter

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registration portal established by § 17-20-2.3.

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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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     17-20-13. Form of application.

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     The application to be subscribed by the voters before receiving a mail ballot shall, in

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addition to those directions that may be printed, stamped, or written on it by authority of the

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secretary of state, be in substantially the following form:

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STATE OF RHODE ISLAND

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APPLICATION OF VOTER FOR BALLOT FOR ELECTION

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ON_________________________________________

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(COMPLETE HIGHLIGHTED SECTIONS)

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NOTE — THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF

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CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M ON

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BOX A (PRINT OR TYPE)

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NAME_________________________________________

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VOTING ADDRESS_________________________________________

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CITY/TOWN_______________________________________ STATE RI

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ZIP CODE_________________________________________

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DATE OF BIRTH_______________________

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PHONE #_________________________________________

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BOX B (PRINT OR TYPE)

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NAME OF INSTITUTION (IF APPLICABLE) _____________________________

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ADDRESS_________________________________________

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ADDRESS_________________________________________

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CITY/TOWN_______________________________________ STATE___________

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ZIP CODE_________________________________________

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FACSIMILE NUMBER (if

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applicable)_________________________________________

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     I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING

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BASIS: (CHECK ONE ONLY)

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     ( ) 1. I am incapacitated to such an extent that it would be an undue hardship to vote at the

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polls because of illness, mental or physical disability, blindness, or a serious impairment of

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mobility. If the ballot is not being mailed to your voter registration address (BOX A above) please

 

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provide the Rhode Island address where you are temporarily residing in BOX B above.

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     ( ) 2. I am confined in a hospital, convalescent home, nursing home, rest home, or similar

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institution within the State of Rhode Island. Provide the name and address of the facility where you

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are residing in BOX B above.

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     ( ) 3. I am employed or in service intimately connected with military operations or because

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I am a spouse or dependent of such person, or I am a United States citizen and will be outside the

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United States. Complete BOX B above or the ballot will be mailed to the local board of canvassers.

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     ( ) 4. I choose to vote by mail. If the ballot is not being mailed to your voter registration

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address (BOX A above) please provide the address within the United States where you are

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temporarily residing in BOX B above. If you request that your ballot be sent to your local board of

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canvassers please indicate so in BOX B above.

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     BOX D OATH OF VOTER

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     I declare under the pains and penalty of perjury that all of the information I have provided

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on this form is true and correct to the best of my knowledge. I further state that I am not a qualified

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voter of any other city or town or state and have not claimed and do not intend to claim the right to

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vote in any other city or town or state. If unable to sign name because of physical incapacity or

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otherwise, applicant shall make his or her mark “X” blindness, disability, or inability to read or

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write, the applicant shall mark the box to indicate the voter cannot sign due to blindness, disability,

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or inability to read or write, and include the full name, residence address, signature, and optionally

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the telephone number and e-mail address of the person who provided assistance to the voter.

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     SIGNATURE IN FULL_________________________________________

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     Please note: A Power of Attorney signature is not valid in Rhode Island.

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     17-20-21. Certifying envelopes.

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     The secretary of state shall cause to be prepared and printed and shall furnish with each

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mail ballot an envelope for sealing up and certifying the ballot when returned. The envelope shall

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be printed in substantially the following form:

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     “After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to

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statement hereon. Enclose in envelope addressed to board of elections, which must receive the

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envelope not later than the time prescribed by § 17-18-11 for the closing of polling places on the

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day of election.”

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Date of Election:______________ City/Town of:__________________

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Certificate of Voter

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Print Name of Voter

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     I swear or affirm, under penalty of perjury, that I am:

 

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     • I am a United States citizen;

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     • I am a resident and qualified voter of the State of Rhode Island;

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     • I am eligible to cast a mail ballot under the provisions of § 17-20-2; and

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     • I have not and will not vote elsewhere in this election.

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     I hereby attest under the pains and penalty of perjury, that the enclosed voted ballot was

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cast by me, and that the signature or mark on this certifying envelope was made by me.

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     Voter must sign full name here: _______________________________________

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     (If unable to sign name because of physical incapacity or otherwise, voter shall make his

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or her mark “(X)” blindness, disability, or inability to read or write, the voter or their assistant shall

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mark a box to indicate the voter cannot sign due to blindness, disability, or inability to read or write

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and include the full name, residence address, signature, and optionally the telephone number and

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e-mail address, of the person who provided assistance to the voter on the certifying envelope

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provided by the secretary of state. The representation relating to the voter's inability to sign shall

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be made under the pains and penalties of perjury).

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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 eliminate the requirement of signing with an "X" for voters who cannot

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sign their name due to blindness, disability, or inability to read or write and would establish a

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timeframe for local boards to accept mail ballot applications, if delivered via the postal service.

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     This act would take effect upon passage.

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