Introduced By: Representative Joseph McNamara
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 17-20-4, 17-20-6, 17-20-7 and 17-20-8 of the General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended to read as follows:
17-20-4. Exemption from registration. -- Any member of the armed forces or of the merchant marine of the United States in active service, and any person absent from the state in the performance of "services intimately connected with military operations", as defined in section 17-20-3(c), {ADD any person who is employed by any agency, department or division of the United States government and who by reason of such employment resides outside of the continental United States, and any person employed outside the territorial limits of the United States ADD} who, except for registration, would be a qualified elector of this state, shall be exempt during the period of his or her service {ADD or employment ADD} and for two (2) years thereafter from the registration requirements of the Constitution of this state.
17-20-6. Alternative methods of voting. -- Any qualified elector, who is a member of the armed forces or of the merchant marine of the United States or who is absent from the state in the performance of "services intimately connected with military operations" as defined in section 17-20-3(c), and any qualified elector of this state exempt from registration under section 17-20-4, shall have the right to vote at his or her option during the period of his or her service and for two (2) years thereafter by any one of the following methods:
(1) If the person be present within the state on the day of any election, that person shall have the right to vote in the manner prescribed in chapter 19 of this title, subject, however, to any other provisions of this chapter.
(2) If the person be without the state on the day of any election, that person shall have the right to vote by absentee ballot in accordance with the provisions of this chapter upon compliance with the provisions thereof.
(3) The elector may cast an official federal absentee ballot {ADD federal write - in absentee ballot "FWAB" ADD} in accordance with the laws of the United States.
{ADD The elector may use the "FWAB" to cast a vote for each federal, state and local office for which he or she is entitled to vote in a general, primary or special election. ADD}
{ADD (4) The elector may also cast an official state blank ballot issued by the Office of the Secretary of State in accordance with this chapter. ADD}
17-20-7. Duplication of votes -- Methods preferred. -- (a) In no event shall more than one vote be cast by any individual for any one office or proposition.
(b) In the event that any person shall vote in person and shall
also attempt to vote by mail ballot or by {ADD an official state
blank ballot or an official federal absentee ADD} {DEL war DEL}
ballot, {ADD as the case may be ADD} the mail and the {DEL war DEL}
{ADD official state blank ballot and the official federal absentee ADD}
ballot {ADD as the case may be ADD} shall be destroyed and not counted.
(c) In the event that any person shall cast a mail ballot and
an official federal {ADD absentee ADD} {DEL war DEL} ballot,
{ADD and/or official state blank ballot ADD} the mail ballot shall
be counted, but the official federal {DEL war DEL} {ADD absentee
and/or the official state blank ADD} ballot shall be destroyed
and not counted.
17-20-8. Application for ballot. -- (a) Any legally qualified elector of this state whose name appears upon the official voting list of the town, or district of the city or town where the elector is so qualified, and desiring to avail himself or herself of the right granted to him or her by the Constitution and declared in this chapter, may obtain from the local board in the city or town an affidavit form prepared by the secretary of state as prescribed in this section, setting forth the elector's application for a mail ballot.
(b) The mail voter shall duly execute the application form in full and subscribe the voter's name thereto. The application unless it is made pursuant to subdivision {ADD (7) or subdivision ADD}(9) of section 17-20-2 shall be subscribed to before a notary public or two (2) witnesses who shall affix their respective signatures and addresses thereto under the pain and penalty of perjury.
(c) Whenever any person shall be unable to sign his or her name because of physical incapacity or otherwise that person shall make his or her mark "X."
(d) The application, when duly executed, shall be delivered in person or by mail so that it shall be received by the local board not later than four o'clock (4:00) p.m. on the twenty-first (21st) day before the day of any election referred to in section 17-20-1.
(e) The local board shall maintain a separate list of names and addresses of all applicants and their subscribing witnesses and a copy of the list shall be made available for inspection to any person upon request.
(f) Any legally qualified elector of this state whose name appears
upon the official voting list of the town or district of the city
or town where the elector is so qualified, who on account of circumstances
manifested twenty (20) days or less prior to any election becomes
eligible to vote by mail ballot according to this chapter, or
who is assigned to work election day under section 17-11-7.1,
may obtain from the local board an application for an emergency
mail ballot. The elector shall execute the application in accordance
with the requirements of this chapter, which application shall
be accompanied by a certificate setting forth the facts relating
to the circumstances necessitating the application, or in the
case of a voter requesting the ballot on medical grounds pursuant
to either subdivision (3) or subdivision (9) of section 17-20-2,
a certificate of a licensed physician or of a Christian Science
practitioner setting forth the location of his or her medical
offices {DEL , DEL} {ADD or the Christian Science practitioner's
office, ADD} the date when that physician {DEL or practitioner DEL}
last examined the elector, {ADD or in the case of a Christian Science
practitioner, when the practitioner last treated the elector, ADD}
and attesting that the illness or disability did not manifest
itself until twenty (20) days or less prior to the date of the
election and that as a result it would be an undue hardship for
the elector to vote at the polls based upon a physical examination
performed by that physician or {ADD an observation by that Christian
Science ADD} practitioner, and may be delivered to the local board
not later than twelve o'clock (12:00) noon of the last day preceding
the date of the election. Any person knowingly and willfully making
a false certification or knowingly and willfully aiding and abetting
in the making of a false certification shall be guilty of a felony.
Notwithstanding any other provision of this chapter as to time
and manner thereof, it shall be the duty of the applicant to cause
the application to be processed by the local board so that the
applicant may receive the ballot, cast it, and cause delivery
thereof to be made to the state board not later than nine o'clock
(9:00) p.m. on the date of election. The secretary of state shall
provide each of the several boards of canvassers with a sufficient
number of mail ballots for their voting districts so that the
local boards may provide the appropriate ballot or ballots to
the applicants. It shall be the duty of each board of canvassers
to process each emergency ballot application in accordance with
this chapter, and it shall be the further duty of each board to
return to the secretary of state forthwith after each election
any ballots not so issued. All emergency mail ballots, other than
those obtained on medical grounds pursuant to subdivision (3),
or subdivision (9) of section 17-20-2, or confinement pursuant
to subdivisions (5) and (6) of section 17-20-2, must be voted
by the elector in private at the board of canvassers where he
or she resides and the signature of the elector witnessed by a
pair of supervisors, appointed in conformance with this chapter,
who shall return the completed ballot to the board of elections
for certification. All emergency mail ballots obtained pursuant
to subdivision (3), (6), or (9) of section 17-20-2 shall be mailed
to the elector as provided in section 17-20-2.1 or delivered to
a person presenting written authorization from the elector to
receive the ballot. All emergency mail ballots obtained pursuant
to subdivision (5) of section 17-20-2 shall be delivered to the
voter by a bipartisan pair of supervisors, appointed in conformance
with this chapter, and shall be voted and witnessed in conformance
with the provisions of section 17-20-14.
SECTION 2. Chapter 17-20 of the General Laws entitled "Mail Ballots" is hereby amended by adding thereto the following sections:
{ADD 17-20-6.1. Alternative Methods of Voting by citizens covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). -- ADD} {ADD It is the intent and purpose that the provisions set forth in this section are designed to facilitate the federal mandate of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA, 42 U.S.C. 1973 ff et. seq.) ADD}
{ADD (A) The Federal Post Card Application (FPCA) may be used as a request for an absentee ballot by (1) a member of the armed forces who is absent from the state by reason of being in active service; (2) any person absent from the state in performance of "services intimately connected with military operations as defined in section 17-20-3(c); any person who is employed by any agency, department or division of the United States government and who by reason of such employment resides outside of the continental United States; and (4) any person employed outside the territorial limits of the United States. ADD}
{ADD (B) The single FPCA card shall permit the person to request an absentee ballot for each primary and election held within that calendar year for which the voter is eligible to vote. ADD}
{ADD (C) The FPCA card must be received by the local board of canvassers where the person last maintains his/her residence for voting purposes within the time frame for applying for absentee ballots as set forth in this title. ADD}
{ADD (D) If the FPCA, when used in accordance with this section, is sent by the voter through electronic transmission, it must be sent to the state board of elections and it must be received by the state board by the deadline for applying for absentee ballots as set forth in this title. The state board shall then forward the FPCA to the appropriate local authority who shall immediately certify and forward the FPCA to the Secretary of State with the notation that the corresponding ballots shall be sent by mail and electronic transmission. The Secretary of State shall transmit ballots only to the facsimile number provided by the Federal Voter Assistance Program. Said ballots sent by electronic transmission may also be returned to the state board by electronic transmission. Such ballots will be counted at the state board in accordance with rules and regulations promulgated by the state board. ADD}
{ADD (E) The voter's signature on the FPCA does not need to be witnessed or notarized, when the FPCA is submitted as provided in this section. ADD}
{ADD (F) If a voter is casting a mail ballot received through the use of the FPCA card as provided in this section, the voter's signature does not need to be witnessed or notarized on the certifying envelope used for the return of the voted mail ballot. ADD}
{ADD 17-20-10.2. Official State Blank Ballots. -- ADD} {ADD In the event the official ballot is not available for issuance and mailing forty-five (45) days before a general, primary or special election, persons applying for a mail ballot under section 17-20-2(7) of the mail ballot application and persons applying for a mail ballot through the use of the Federal Post Card Application (FPCA) shall be issued an official state blank ballot forty-five (45) days before said election. Additionally, the voter shall be sent the official ballot forthwith upon the ballots becoming available. The Office of Secretary of State shall be responsible for the arrangement, preparation, printing and distribution of the official state blank ballots. The Secretary of State shall also be responsible for all accompanying candidate listings to the extent that information is available, instruction sheets, and envelopes. ADD}
SECTION 3. This act shall take effect upon passage.
