Rhode Island 2023 Regular Session

Rhode Island House Bill H6032 Compare Versions

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

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5	5	2023 -- H 6032
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7	7	LC002084
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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: Representative Evan P. Shanley
17	17	Date Introduced: March 01, 2023
18	18	Referred To: House State Government & Elections
19	19	(Board of Elections)
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 17-20-2.1, 17-20-3, 17-20-8, 17-20-10, 17-20-13 and 17-20-21 of 1
23	23	the General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended to read as follows: 2
24	24	17-20-2.1. Requirements for validity of mail ballot and mail ballot applications. 3
25	25	(a) Any legally qualified elector of this state whose name appears upon the official voting 4
26	26	list of the city, town, or district of the city or town where the elector is qualified, and who desires 5
27	27	to avail himself or herself of the right granted to him or her by the Constitution and declared in this 6
28	28	chapter, may obtain from the local board in the city or town a form prepared by the secretary of 7
29	29	state as prescribed in this section, setting forth the elector’s application for a mail ballot or may 8
30	30	apply online in accordance with § 17-20-2.3. 9
31	31	(b) Whenever any person is unable to sign his or her name because of a physical incapacity 10
32	32	or otherwise, that person shall make his or her mark “X” the voter or their assistant shall mark a 11
33	33	box to indicate the voter cannot sign due to a physical incapacity and include the full name, 12
34	34	residence address, and signature of the person who provided assistance to the voter on a form 13
35	35	provided by the secretary of state. The representation relating to a physical incapacity shall be made 14
36	36	under the pains and penalties of perjury. 15
37	37	(c) To receive a ballot in the mail, an elector must submit an application in person or by 16
38	38	mail, so that it is received by the local board, or received electronically through the portal 17
39	39	established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the twenty-first (21st) day 18
40	40	before the day of any election referred to in § 17-20-1. 19
41	41
42	42
43	43	LC002084 - Page 2 of 9
44	44	(d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in 1
45	45	order to be valid, must have been cast in conformance with the following procedures: 2
46	46	(1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the 3
47	47	Rhode Island address provided by the elector on the application. In order to be valid, the voter must 4
48	48	affix his or her signature on all certifying envelopes containing a voted ballot. 5
49	49	(2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the 6
50	50	name and location of the hospital, convalescent home, nursing home, or similar institution where 7
51	51	the elector is confined. All mail ballots issued pursuant to § 17-20-2(2) shall be delivered to the 8
52	52	elector at the hospital, convalescent home, nursing home, or similar institution where the elector is 9
53	53	confined. 10
54	54	(3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed to the address provided 11
55	55	by the elector on the application or sent to the board of canvassers in the city or town where the 12
56	56	elector maintains his or her voting residence. In order to be valid, the voter must affix his or her 13
57	57	signature on the certifying envelope containing voted ballots. Any voter qualified to receive a mail 14
58	58	ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of 15
59	59	United States Public Law 99-410, the Uniformed and Overseas Citizens Absentee Voting Act 16
60	60	(UOCAVA). 17
61	61	(4) All mail ballots issued pursuant to § 17-20-2(4) may be mailed to the elector at the 18
62	62	address within the United States provided by the elector on the application or sent to the board of 19
63	63	canvassers in the city or town where the elector maintains his or her voting residence. In order to 20
64	64	be valid, the voter must affix his or her signature on all certifying envelopes containing a voted 21
65	65	ballot. In order to be valid, all ballots sent to the elector at the board of canvassers, must be voted 22
66	66	in conformance with the provisions of § 17-20-14.2. 23
67	67	(e) Any person knowingly and willfully making a false application or certification, or 24
68	68	knowingly and willfully aiding and abetting in the making of a false application or certification, 25
69	69	shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. 26
70	70	(f) In no way shall a mail ballot application be disqualified if the voter’s circumstances 27
71	71	change between the time of making the application and voting his or her mail ballot as long as the 28
72	72	voter remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board 29
73	73	of canvassers shall provide the state board of elections with written notification of any change in 30
74	74	circumstances to a mail ballot voter. 31
75	75	17-20-3. Definitions. 32
76	76	(a) Wherever used in this chapter, every word importing only the masculine gender is 33
77	77	construed to extend to, and include, females as well as males. 34
78	78
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81	81	(b) Whenever used in this chapter, “bipartisan pairs of supervisors” for primaries means a 1
82	82	supervisor representing the endorsed candidates and a supervisor representing a majority of 2
83	83	unendorsed candidates, and for nonpartisan elections and primaries means non-partisan pairs of 3
84	84	supervisors. 4
85	85	(c) Wherever used in this chapter, “employed outside of the United States” includes any 5
86	86	person who is: 6
87	87	(1) Employed by any agency, department, or division of the United States government and 7
88	88	who, by reason of that employment, resides outside of the continental United States; 8
89	89	(2) Employed outside the territorial limits of the United States; or 9
90	90	(3) A spouse or dependent residing with persons so employed. 10
91	91	(d) Wherever used in this chapter, “services intimately connected with military operations” 11
92	92	includes members of religious groups or welfare agencies assisting members of the armed forces 12
93	93	who are officially attached to and serving with the armed forces and their spouses and dependents, 13
94	94	and the spouses and dependents of members of the armed forces and of the merchant marine; 14
95	95	provided, that the spouses and dependents are residing outside of the state with the members of the 15
96	96	armed forces, merchant marine, or members of the religious or welfare agencies. 16
97	97	(e) Whenever a signature is required by a voter in this chapter, “signature” also means the 17
98	98	voter’s mark “X” if the person is unable to sign his or her name because of a physical incapacity or 18
99	99	otherwise or by affixing the voter's signature by a person providing assistance to the voter in 19
100	100	accordance with the requirements of this chapter. 20
101	101	(f) Whenever used in this chapter, “bipartisan” means not of the same recognized political 21
102	102	party. 22
103	103	(g) Whenever used in this chapter, “emergency” voting pursuant to § 17-20-2.2(g) shall be 23
104	104	construed to mean “early” voting. 24
105	105	17-20-8. Application for ballot. 25
106	106	(a) Whenever any person is unable to sign his or her name because of a physical incapacity 26
107	107	or otherwise, that person shall make his or her mark “X” the voter or their assistant shall mark a 27
108	108	box to indicate the voter cannot sign due to a physical incapacity and include the full name, 28
109	109	residence address, and signature of the person who provided assistance to the voter on a form 29
110	110	provided by the secretary of state. The representation relating to a physical incapacity shall be made 30
111	111	under the pains and penalties of perjury. 31
112	112	(b) Notwithstanding any other provision of this chapter as to time and manner thereof, it 32
113	113	shall be the duty of the applicant to cause the mail ballot application or the emergency mail ballot 33
114	114	application, as the case may be, to be processed by the local board so that the applicant may receive 34
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116	116
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118	118	the ballot, cast it, and cause delivery thereof to be made to the state board not later than eight 1
119	119	o’clock (8:00) p.m. on the date of election. 2
120	120	(c) The local board shall maintain a separate list of names and addresses of all applicants 3
121	121	and a copy of the list shall be made available for inspection to any person upon request. 4
122	122	(d) Any person knowingly and willfully making a false application or certification or 5
123	123	knowingly and willfully aiding and abetting in the making of a false application or certification 6
124	124	shall be guilty of a felony. 7
125	125	(e) Voters shall be able to apply for a mail ballot electronically through the voter 8
126	126	registration portal established by § 17-20-2.3. 9
127	127	17-20-10. Certification of applications — Issuance of ballots — Marking of lists — 10
128	128	Mailing address. 11
129	129	(a) Upon receipt of the application, the local board shall immediately examine it and 12
130	130	determine whether it complies with each of the requirements set forth by this chapter and compare 13
131	131	the signature on the ballot application with the signature contained on the original registration card 14
132	132	or on the central voter registration system, except as may be otherwise provided by law, to satisfy 15
133	133	itself that the applicant is a qualified voter. Upon determining that it does meet each requirement 16
134	134	of this chapter and that the signature appears to be the same, the local board shall mark the 17
135	135	application “accepted” and record in the space provided on the ballot application the senatorial, 18
136	136	representative, and voting district in which the applicant should vote. 19
137	137	(b) The local board shall also record the city or town code and district information in the 20
138	138	mailing label section of the mail ballot application. The local board shall also print or type the name 21
139	139	of the elector and the complete mailing address in that section. If the local board does not accept 22
140	140	the application, the local board shall return the application to the elector, together with a form 23
141	141	prescribed by the secretary of state, specifying the reason or reasons for the return of the application. 24
142	142	(c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election 25
143	143	referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs 26
144	144	first, the local board shall certify the applications to the secretary of state through the central voter 27
145	145	registration system as this procedure is prescribed by the secretary of state. Upon the certification 28
146	146	of a mail ballot application to the secretary of state, the local board shall enter on the voting list the 29
147	147	fact that a mail ballot application for the voter has been certified and shall cause the delivery of the 30
148	148	certified mail ballot applications together with the signed certified listing thereof in sealed packages 31
149	149	to the state board of elections. 32
150	150	(d)(1) Upon the ballots becoming available, the secretary of state shall immediately issue 33
151	151	and mail, by first-class mail, postage prepaid, a mail ballot to each eligible voter who has been 34
152	152
153	153
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155	155	certified. With respect to voters who have applied for these mail ballots under the provisions of § 1
156	156	17-20-2(1), the secretary of state shall include with the mail ballots a stamped, return envelope 2
157	157	addressed to the board of elections. 3
158	158	(2) The secretary of state shall include on the mail ballot envelope a numerical or 4
159	159	alphabetical code designating the city or town where the voter resides. The secretary of state shall 5
160	160	immediately thereafter indicate on the voter’s record that the secretary of state has sent mail ballots; 6
161	161	provided that this mark shall serve solely to indicate that a mail ballot has been issued and shall not 7
162	162	be construed as voting in the election. 8
163	163	(e) Prior to each election, the secretary of state shall also furnish to the chairperson of the 9
164	164	state committee of each political party a list of the names and residence addresses of all persons to 10
165	165	whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for 11
166	166	political office, upon request, a list of the names and residence addresses of all persons to whom 12
167	167	mail ballots have been issued within his or her district. 13
168	168	(f) If a ballot is returned to the secretary of state by the postal service as undeliverable, the 14
169	169	secretary of state shall consult with the appropriate local board to determine the accuracy of the 15
170	170	mailing address, and the secretary of state shall be required to remail the ballot to the voter using 16
171	171	the corrected address provided by the local board. If the local board is unable to provide a different 17
172	172	address than that to which the ballot was originally mailed, the ballot shall be reissued by the 18
173	173	secretary of state to the board of canvassers in the city or town where the voter resides utilizing the 19
174	174	numerical or alphabetical code established in subsection (d) of this section. The board shall then 20
175	175	attempt to notify the voter at his or her place of residence that the ballot has been returned as 21
176	176	undeliverable. The ballot must be voted in accordance with the provisions of this chapter. 22
177	177	(g) The acceptance of a mail ballot application by the board of canvassers and the issuance 23
178	178	of a mail ballot by the secretary of state shall not create any presumption as to the accuracy of the 24
179	179	information provided by the applicant or as to the applicant’s compliance with the provisions of 25
180	180	this chapter. Any inaccuracy in the provided information or irregularity in the application may be 26
181	181	raised as a challenge to the ballot before the board of elections at the time of certification. If the 27
182	182	challenge raised at that time is meritorious, the ballot shall be voided. 28
183	183	(h) Within two (2) business days of receipt by the local board, the board shall certify 29
184	184	emergency mail ballot applications and, shall cause the delivery of the emergency mail ballot 30
185	185	applications, and certification sheet in sealed packages to the state board of elections. 31
186	186	17-20-13. Form of application. 32
187	187	The application to be subscribed by the voters before receiving a mail ballot shall, in 33
188	188	addition to those directions that may be printed, stamped, or written on it by authority of the 34
189	189
190	190
191	191	LC002084 - Page 6 of 9
192	192	secretary of state, be in substantially the following form: 1
193	193	STATE OF RHODE ISLAND 2
194	194	APPLICATION OF VOTER FOR BALLOT FOR ELECTION 3
195	195	ON_________________________________________ 4
196	196	(COMPLETE HIGHLIGHTED SECTIONS) 5
197	197	NOTE — THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF 6
198	198	CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M ON 7
199	199	_______________ 8
200	200	BOX A (PRINT OR TYPE) 9
201	201	NAME_________________________________________ 10
202	202	VOTING ADDRESS_________________________________________ 11
203	203	CITY/TOWN_______________________________________ STATE RI 12
204	204	ZIP CODE_________________________________________ 13
205	205	DATE OF BIRTH_______________________ 14
206	206	PHONE #_________________________________________ 15
207	207	BOX B (PRINT OR TYPE) 16
208	208	NAME OF INSTITUTION (IF APPLICABLE) _____________________________ 17
209	209	ADDRESS_________________________________________ 18
210	210	ADDRESS_________________________________________ 19
211	211	CITY/TOWN_______________________________________ STATE___________ 20
212	212	ZIP CODE_________________________________________ 21
213	213	FACSIMILE NUMBER (if 22
214	214	applicable)_________________________________________ 23
215	215	I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING 24
216	216	BASIS: (CHECK ONE ONLY) 25
217	217	( ) 1. I am incapacitated to such an extent that it would be an undue hardship to vote at the 26
218	218	polls because of illness, mental or physical disability, blindness, or a serious impairment of 27
219	219	mobility. If the ballot is not being mailed to your voter registration address (BOX A above) please 28
220	220	provide the Rhode Island address where you are temporarily residing in BOX B above. 29
221	221	( ) 2. I am confined in a hospital, convalescent home, nursing home, rest home, or similar 30
222	222	institution within the State of Rhode Island. Provide the name and address of the facility where you 31
223	223	are residing in BOX B above. 32
224	224	( ) 3. I am employed or in service intimately connected with military operations or because 33
225	225	I am a spouse or dependent of such person, or I am a United States citizen and will be outside the 34
226	226
227	227
228	228	LC002084 - Page 7 of 9
229	229	United States. Complete BOX B above or the ballot will be mailed to the local board of canvassers. 1
230	230	( ) 4. I choose to vote by mail. If the ballot is not being mailed to your voter registration 2
231	231	address (BOX A above) please provide the address within the United States where you are 3
232	232	temporarily residing in BOX B above. If you request that your ballot be sent to your local board of 4
233	233	canvassers please indicate so in BOX B above. 5
234	234	BOX D OATH OF VOTER 6
235	235	I declare that all of the information I have provided on this form is true and correct to the 7
236	236	best of my knowledge. I further state that I am not a qualified voter of any other city or town or 8
237	237	state and have not claimed and do not intend to claim the right to vote in any other city or town or 9
238	238	state. If unable to sign name because of a physical incapacity or otherwise, the applicant shall make 10
239	239	his or her mark “X” the box to indicate the voter cannot sign due to a physical incapacity and 11
240	240	include the full name, residence address, and signature of the person who provided assistance to 12
241	241	the voter. 13
242	242	SIGNATURE IN FULL_________________________________________ 14
243	243	Please note: A Power of Attorney signature is not valid in Rhode Island. 15
244	244	17-20-21. Certifying envelopes. 16
245	245	The secretary of state shall cause to be prepared and printed and shall furnish with each 17
246	246	mail ballot an envelope for sealing up and certifying the ballot when returned. The envelope shall 18
247	247	be printed in substantially the following form: 19
248	248	“After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to 20
249	249	statement hereon. Enclose in envelope addressed to board of elections, which must receive the 21
250	250	envelope not later than the time prescribed by § 17-18-11 for the closing of polling places on the 22
251	251	day of election.” 23
252	252	Date of Election:______________ City/Town of:__________________ 24
253	253	Certificate of Voter 25
254	254	Print Name of Voter 26
255	255	I swear or affirm, under penalty of perjury, that I am: 27
256	256	• I am a United States citizen; 28
257	257	• I am a resident and qualified voter of the State of Rhode Island; 29
258	258	• I am eligible to cast a mail ballot under the provisions of § 17-20-2; and 30
259	259	• I have not and will not vote elsewhere in this election. 31
260	260	I hereby attest under the pains and penalty of perjury, that the enclosed voted ballot was 32
261	261	cast by me, and that the signature or mark on this certifying envelope was made by me. 33
262	262	Voter must sign full name here: _______________________________________ 34
263	263
264	264
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266	266	(If unable to sign name because of a physical incapacity or otherwise, voter shall make his 1
267	267	or her mark “(X)”) the voter or their assistant shall mark a box to indicate the voter cannot sign due 2
268	268	to a physical incapacity and include the full name, residence address, and signature of the person 3
269	269	who provided assistance to the voter on the certifying envelope provided by the secretary of state. 4
270	270	The representation relating to physical incapacity shall be made under the pains and penalties of 5
271	271	perjury. 6
272	272	SECTION 2. This act shall take effect upon passage. 7
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279	279	EXPLANATION
280	280	BY THE LEGISLATIVE COUNCIL
281	281	OF
282	282	A N A C T
283	283	RELATING TO ELECTIONS -- MAIL BALLOTS
284	284	***
285	285	This act would eliminate the requirement of signing with an "X" for voters who cannot 1
286	286	sign their name due to a physical incapacity and would require that a box is checked on the 2
287	287	application or ballot certification envelope and any person providing assistance to the voter in 3
288	288	signing the ballot must provide their signature and information. 4
289	289	This act would take effect upon passage. 5
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291	291	LC002084
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