Rhode Island 2023 Regular Session

Rhode Island House Bill H5956 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5956
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7	7	LC002117
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO ELECTIONS -- MAIL BALLOTS
16	16	Introduced By: Representatives J. Brien, Corvese, Phillips, Noret, Chippendale, O'Brien,
17	17	and Azzinaro
18	18	Date Introduced: March 01, 2023
19	19	Referred To: House State Government & Elections
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 17-20-2.1 and 17-20-2.2 of the General Laws in Chapter 17-20 1
24	24	entitled "Mail Ballots" are hereby amended to read as follows: 2
25	25	17-20-2.1. Requirements for validity of mail ballot and mail ballot applications. 3
26	26	(a) Any legally qualified elector of this state whose name appears upon the official voting 4
27	27	list of the city, town, or district of the city or town where the elector is qualified, and who desires 5
28	28	to avail himself or herself of the right granted to him or her by the Constitution and declared in this 6
29	29	chapter, may obtain from the local board in the city or town a form prepared by the secretary of 7
30	30	state as prescribed in this section, setting forth the elector’s application for a mail ballot or may 8
31	31	apply online in accordance with § 17-20-2.3. 9
32	32	(b) Whenever any person is unable to sign his or her name because of physical incapacity 10
33	33	or otherwise, that person shall make his or her mark “X”. 11
34	34	(c) To receive a ballot in the mail, an elector must submit an application in person or by 12
35	35	mail, so that it is received by the local board, or received electronically through the portal 13
36	36	established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the twenty-first (21st) 14
37	37	fourteenth day before the day of any election referred to in § 17-20-1. 15
38	38	(d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in 16
39	39	order to be valid, must have been cast in conformance with the following procedures: 17
40	40	(1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the 18
41	41	Rhode Island address provided by the elector on the application. In order to be valid, the voter must 19
42	42
43	43
44	44	LC002117 - Page 2 of 5
45	45	affix his or her signature on all certifying envelopes containing a voted ballot. 1
46	46	(2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the 2
47	47	name and location of the hospital, convalescent home, nursing home, or similar institution where 3
48	48	the elector is confined. All mail ballots issued pursuant to § 17-20-2(2) shall be delivered to the 4
49	49	elector at the hospital, convalescent home, nursing home, or similar institution where the elector is 5
50	50	confined. 6
51	51	(3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed to the address provided 7
52	52	by the elector on the application or sent to the board of canvassers in the city or town where the 8
53	53	elector maintains his or her voting residence. In order to be valid, the voter must affix his or her 9
54	54	signature on the certifying envelope containing voted ballots. Any voter qualified to receive a mail 10
55	55	ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of 11
56	56	United States Public Law 99-410, the Uniformed and Overseas Citizens Absentee Voting Act 12
57	57	(UOCAVA). 13
58	58	(4) All mail ballots issued pursuant to § 17-20-2(4) may be mailed to the elector at the 14
59	59	address within the United States provided by the elector on the application or sent to the board of 15
60	60	canvassers in the city or town where the elector maintains his or her voting residence. In order to 16
61	61	be valid, the voter must affix his or her signature on all certifying envelopes containing a voted 17
62	62	ballot. In order to be valid, all ballots sent to the elector at the board of canvassers, must be voted 18
63	63	in conformance with the provisions of § 17-20-14.2. 19
64	64	(e) Any person knowingly and willfully making a false application or certification, or 20
65	65	knowingly and willfully aiding and abetting in the making of a false application or certification, 21
66	66	shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. 22
67	67	(f) In no way shall a mail ballot application be disqualified if the voter’s circumstances 23
68	68	change between the time of making the application and voting his or her mail ballot as long as the 24
69	69	voter remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board 25
70	70	of canvassers shall provide the state board of elections with written notification of any change in 26
71	71	circumstances to a mail ballot voter. 27
72	72	17-20-2.2. Requirements for validity of emergency mail ballots. 28
73	73	(a) Any legally qualified elector of this state whose name appears upon the official voting 29
74	74	list of the town or district of the city or town where the elector is so qualified is eligible to vote by 30
75	75	emergency mail ballot according to this chapter. Within twenty (20) thirteen (13) days or less prior 31
76	76	to any election, the elector may obtain from the local board an application for an emergency mail 32
77	77	ballot or may complete an emergency in-person mail ballot application on an electronic poll pad at 33
78	78	the board of canvassers where the elector maintains his or her residence. 34
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81	81	LC002117 - Page 3 of 5
82	82	(b) The emergency mail ballot application, when duly executed, shall be delivered in 1
83	83	person or by mail so that it shall be received by the local board, or received electronically through 2
84	84	the portal established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the last day 3
85	85	preceding the date of the election. 4
86	86	(c) The elector shall execute the emergency mail ballot application in accordance with the 5
87	87	requirements of this chapter. 6
88	88	(d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail 7
89	89	ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, in 8
90	90	order to be valid, must have been cast in conformance with the following procedures: 9
91	91	(1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the 10
92	92	state of Rhode Island address provided on the application by the office of the secretary of state, or 11
93	93	delivered by the local board to a person presenting written authorization from the elector to receive 12
94	94	the ballots, or cast in private at the local board of canvassers. In order to be valid, the voter must 13
95	95	affix his or her signature on the certifying envelope containing a voted ballot. In order to be valid, 14
96	96	all ballots sent to the elector at the board of canvassers must be voted in conformance with the 15
97	97	provisions of § 17-20-14.2. 16
98	98	(2) All applications for emergency mail ballots pursuant to § 17-20-2(2) must state under 17
99	99	oath the name and location of the hospital, convalescent home, nursing home, or similar institution 18
100	100	where the elector is confined. All mail ballots issued pursuant to this subdivision shall be delivered 19
101	101	to the elector by the bipartisan pair of supervisors, appointed in conformance with this chapter, and 20
102	102	shall be voted in conformance with the provisions of § 17-20-14. 21
103	103	(3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed by the office of the 22
104	104	secretary of state to the elector at an address provided by the elector on the application, or cast at 23
105	105	the board of canvassers in the city or town where the elector maintains his or her voting residence. 24
106	106	Any voter qualified to receive a mail ballot pursuant to § 17-20-2(3) shall also be entitled to cast a 25
107	107	ballot pursuant to the provisions of United States Public Law 99-410, the Uniformed and Overseas 26
108	108	Citizens Absentee Voting Act (UOCAVA). 27
109	109	(4) All mail ballots issued pursuant to § 17-20-2(4) shall be cast at the board of canvassers 28
110	110	in the city or town where the elector maintains his or her voting residence or mailed by the office 29
111	111	of the secretary of state to the elector at the address within the United States provided by the elector 30
112	112	on the application, or delivered to the voter by a person presenting written authorization by the 31
113	113	voter to pick up the ballot. In order to be valid, the voter must affix his or her signature on all 32
114	114	certifying envelopes containing a voted ballot. In order to be valid, all ballots sent to the elector at 33
115	115	the board of canvassers must be voted in conformance with the provisions of § 17-20-14.2. 34
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118	118	LC002117 - Page 4 of 5
119	119	(e) The secretary of state shall provide each of the several boards of canvassers with a 1
120	120	sufficient number of mail ballots for their voting districts so that the local boards may provide the 2
121	121	appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to 3
122	122	process each emergency ballot application in accordance with this chapter, and it shall be the duty 4
123	123	of each board to return to the secretary of state any ballots not issued immediately after each 5
124	124	election. 6
125	125	(f) Any person knowingly and willfully making a false application or certification, or 7
126	126	knowingly and willfully aiding and abetting in the making of a false application or certification, 8
127	127	shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. 9
128	128	(g) An emergency mail ballot application may be completed in person using an electronic 10
129	129	poll pad provided by the board of canvassers upon presentation by the voter of valid proof of 11
130	130	identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be 12
131	131	provided with a ballot issued by the secretary of state and upon completion of the ballot by the 13
132	132	voter, the voter shall place the ballot into the state-approved electronic voting device, provided by 14
133	133	the board of elections and secured in accordance with a policy adopted by the board of elections. 15
134	134	SECTION 2. This act shall take effect upon passage. 16
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136	136	LC002117
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139	139
140	140	LC002117 - Page 5 of 5
141	141	EXPLANATION
142	142	BY THE LEGISLATIVE COUNCIL
143	143	OF
144	144	A N A C T
145	145	RELATING TO ELECTIONS -- MAIL BALLOTS
146	146	***
147	147	This act would modify the timeline that an elector must submit an application to receive a 1
148	148	mail-in ballot from twenty-one (21) days prior to the day of election to fourteen (14) days prior to 2
149	149	the day of election. This act would also modify the application for any qualified elector to vote by 3
150	150	emergency mail ballot from twenty (20) days prior to the day of election to thirteen (13) days prior 4
151	151	to the day of election. 5
152	152	This act would take effect upon passage. 6
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154	154	LC002117
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