Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0842 Compare Versions

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

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5	5	2023 -- S 0842
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7	7	LC002669
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9	9	S T A T E O F R H O D E I S L A N D
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: Senators Quezada, Ujifusa, Tikoian, and Cano
17	17	Date Introduced: March 29, 2023
18	18	Referred To: Senate Judiciary
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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 physical incapacity 10
32	32	or otherwise, that person shall make his or her mark “X” blindness, disability, or inability to read 11
33	33	or write, the voter or their assistant shall mark a box to indicate the voter cannot sign due to 12
34	34	blindness, disability, or inability to read or write, and include the full name, residence address, and 13
35	35	signature, of the person who provided assistance to the voter on a form provided by the secretary 14
36	36	of state. The representation relating to the voter's inability to sign shall be made under the pains 15
37	37	and penalties of perjury. 16
38	38	(c) To receive a ballot in the mail, an elector must submit an application in person or by 17
39	39	mail, so that it is received by the local board, or received electronically through the portal 18
40	40	established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the twenty-first (21st) day 19
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42	42
43	43	LC002669 - Page 2 of 9
44	44	before the day of any election referred to in § 17-20-1. 1
45	45	(d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in 2
46	46	order to be valid, must have been cast in conformance with the following procedures: 3
47	47	(1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the 4
48	48	Rhode Island address provided by the elector on the application. In order to be valid, the voter must 5
49	49	affix his or her signature on all certifying envelopes containing a voted ballot. 6
50	50	(2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the 7
51	51	name and location of the hospital, convalescent home, nursing home, or similar institution where 8
52	52	the elector is confined. All mail ballots issued pursuant to § 17-20-2(2) shall be delivered to the 9
53	53	elector at the hospital, convalescent home, nursing home, or similar institution where the elector is 10
54	54	confined. 11
55	55	(3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed to the address provided 12
56	56	by the elector on the application or sent to the board of canvassers in the city or town where the 13
57	57	elector maintains his or her voting residence. In order to be valid, the voter must affix his or her 14
58	58	signature on the certifying envelope containing voted ballots. Any voter qualified to receive a mail 15
59	59	ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of 16
60	60	United States Public Law 99-410, the Uniformed and Overseas Citizens Absentee Voting Act 17
61	61	(UOCAVA). 18
62	62	(4) All mail ballots issued pursuant to § 17-20-2(4) may be mailed to the elector at the 19
63	63	address within the United States provided by the elector on the application or sent to the board of 20
64	64	canvassers in the city or town where the elector maintains his or her voting residence. In order to 21
65	65	be valid, the voter must affix his or her signature on all certifying envelopes containing a voted 22
66	66	ballot. In order to be valid, all ballots sent to the elector at the board of canvassers, must be voted 23
67	67	in conformance with the provisions of § 17-20-14.2. 24
68	68	(e) Any person knowingly and willfully making a false application or certification, or 25
69	69	knowingly and willfully aiding and abetting in the making of a false application or certification, 26
70	70	shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. 27
71	71	(f) In no way shall a mail ballot application be disqualified if the voter’s circumstances 28
72	72	change between the time of making the application and voting his or her mail ballot as long as the 29
73	73	voter remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board 30
74	74	of canvassers shall provide the state board of elections with written notification of any change in 31
75	75	circumstances to a mail ballot voter. 32
76	76	17-20-3. Definitions. 33
77	77	(a) Wherever used in this chapter, every word importing only the masculine gender is 34
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81	81	construed to extend to, and include, females as well as males. 1
82	82	(b) Whenever used in this chapter, “bipartisan pairs of supervisors” for primaries means a 2
83	83	supervisor representing the endorsed candidates and a supervisor representing a majority of 3
84	84	unendorsed candidates, and for nonpartisan elections and primaries means non-partisan pairs of 4
85	85	supervisors. 5
86	86	(c) Wherever used in this chapter, “employed outside of the United States” includes any 6
87	87	person who is: 7
88	88	(1) Employed by any agency, department, or division of the United States government and 8
89	89	who, by reason of that employment, resides outside of the continental United States; 9
90	90	(2) Employed outside the territorial limits of the United States; or 10
91	91	(3) A spouse or dependent residing with persons so employed. 11
92	92	(d) Wherever used in this chapter, “services intimately connected with military operations” 12
93	93	includes members of religious groups or welfare agencies assisting members of the armed forces 13
94	94	who are officially attached to and serving with the armed forces and their spouses and dependents, 14
95	95	and the spouses and dependents of members of the armed forces and of the merchant marine; 15
96	96	provided, that the spouses and dependents are residing outside of the state with the members of the 16
97	97	armed forces, merchant marine, or members of the religious or welfare agencies. 17
98	98	(e) Whenever a signature is required by a voter in this chapter, “signature” also means the 18
99	99	voter’s mark “X” if the person is unable to sign his or her name because of physical incapacity or 19
100	100	otherwise blindness, disability, or inability to read or write, or by affixing the voter's signature by 20
101	101	a person providing assistance to the voter in accordance with the requirements of this chapter. 21
102	102	(f) Whenever used in this chapter, “bipartisan” means not of the same recognized political 22
103	103	party. 23
104	104	(g) Whenever used in this chapter, “emergency” voting pursuant to § 17-20-2.2(g) shall be 24
105	105	construed to mean “early” voting. 25
106	106	17-20-8. Application for ballot. 26
107	107	(a) Whenever any person is unable to sign his or her name because of physical incapacity 27
108	108	or otherwise, that person shall make his or her mark “X” blindness, disability, or inability to read 28
109	109	or write, the voter or their assistant shall mark a box to indicate the voter cannot sign due to 29
110	110	blindness, disability, or inability to read or write, and include the full name, residence address, and 30
111	111	signature of the person who provided assistance to the voter on a form provided by the secretary of 31
112	112	state. The representation relating to the voters inability to sign shall be made under the pains and 32
113	113	penalties of perjury. 33
114	114	(b) Notwithstanding any other provision of this chapter as to time and manner thereof, it 34
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118	118	shall be the duty of the applicant to cause the mail ballot application or the emergency mail ballot 1
119	119	application, as the case may be, to be processed by the local board so that the applicant may receive 2
120	120	the ballot, cast it, and cause delivery thereof to be made to the state board not later than eight 3
121	121	o’clock (8:00) p.m. on the date of election. 4
122	122	(c) The local board shall maintain a separate list of names and addresses of all applicants 5
123	123	and a copy of the list shall be made available for inspection to any person upon request. 6
124	124	(d) Any person knowingly and willfully making a false application or certification or 7
125	125	knowingly and willfully aiding and abetting in the making of a false application or certification 8
126	126	shall be guilty of a felony. 9
127	127	(e) Voters shall be able to apply for a mail ballot electronically through the voter 10
128	128	registration portal established by § 17-20-2.3. 11
129	129	17-20-10. Certification of applications — Issuance of ballots — Marking of lists — 12
130	130	Mailing address. 13
131	131	(a) Upon receipt of the application, the local board shall immediately examine it and 14
132	132	determine whether it complies with each of the requirements set forth by this chapter and compare 15
133	133	the signature on the ballot application with the signature contained on the original registration card 16
134	134	or on the central voter registration system, except as may be otherwise provided by law, to satisfy 17
135	135	itself that the applicant is a qualified voter. Upon determining that it does meet each requirement 18
136	136	of this chapter and that the signature appears to be the same, the local board shall mark the 19
137	137	application “accepted” and record in the space provided on the ballot application the senatorial, 20
138	138	representative, and voting district in which the applicant should vote. 21
139	139	(b) The local board shall also record the city or town code and district information in the 22
140	140	mailing label section of the mail ballot application. The local board shall also print or type the name 23
141	141	of the elector and the complete mailing address in that section. If the local board does not accept 24
142	142	the application, the local board shall return the application to the elector, together with a form 25
143	143	prescribed by the secretary of state, specifying the reason or reasons for the return of the application. 26
144	144	(c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election 27
145	145	referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs 28
146	146	first, the local board shall certify the applications to the secretary of state through the central voter 29
147	147	registration system as this procedure is prescribed by the secretary of state. Upon the certification 30
148	148	of a mail ballot application to the secretary of state, the local board shall enter on the voting list the 31
149	149	fact that a mail ballot application for the voter has been certified and shall cause the delivery of the 32
150	150	certified mail ballot applications together with the signed certified listing thereof in sealed packages 33
151	151	to the state board of elections. 34
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155	155	(d)(1) Upon the ballots becoming available, the secretary of state shall immediately issue 1
156	156	and mail, by first-class mail, postage prepaid, a mail ballot to each eligible voter who has been 2
157	157	certified. With respect to voters who have applied for these mail ballots under the provisions of § 3
158	158	17-20-2(1), the secretary of state shall include with the mail ballots a stamped, return envelope 4
159	159	addressed to the board of elections. 5
160	160	(2) The secretary of state shall include on the mail ballot envelope a numerical or 6
161	161	alphabetical code designating the city or town where the voter resides. The secretary of state shall 7
162	162	immediately thereafter indicate on the voter’s record that the secretary of state has sent mail ballots; 8
163	163	provided that this mark shall serve solely to indicate that a mail ballot has been issued and shall not 9
164	164	be construed as voting in the election. 10
165	165	(e) Prior to each election, the secretary of state shall also furnish to the chairperson of the 11
166	166	state committee of each political party a list of the names and residence addresses of all persons to 12
167	167	whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for 13
168	168	political office, upon request, a list of the names and residence addresses of all persons to whom 14
169	169	mail ballots have been issued within his or her district. 15
170	170	(f) If a ballot is returned to the secretary of state by the postal service as undeliverable, the 16
171	171	secretary of state shall consult with the appropriate local board to determine the accuracy of the 17
172	172	mailing address, and the secretary of state shall be required to remail the ballot to the voter using 18
173	173	the corrected address provided by the local board. If the local board is unable to provide a different 19
174	174	address than that to which the ballot was originally mailed, the ballot shall be reissued by the 20
175	175	secretary of state to the board of canvassers in the city or town where the voter resides utilizing the 21
176	176	numerical or alphabetical code established in subsection (d) of this section. The board shall then 22
177	177	attempt to notify the voter at his or her place of residence that the ballot has been returned as 23
178	178	undeliverable. The ballot must be voted in accordance with the provisions of this chapter. 24
179	179	(g) The acceptance of a mail ballot application by the board of canvassers and the issuance 25
180	180	of a mail ballot by the secretary of state shall not create any presumption as to the accuracy of the 26
181	181	information provided by the applicant or as to the applicant’s compliance with the provisions of 27
182	182	this chapter. Any inaccuracy in the provided information or irregularity in the application may be 28
183	183	raised as a challenge to the ballot before the board of elections at the time of certification. If the 29
184	184	challenge raised at that time is meritorious, the ballot shall be voided. 30
185	185	(h) Within two (2) business days of receipt by the local board, the board shall certify 31
186	186	emergency mail ballot applications and, shall cause the delivery of the emergency mail ballot 32
187	187	applications, and certification sheet in sealed packages to the state board of elections. 33
188	188	17-20-13. Form of application. 34
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192	192	The application to be subscribed by the voters before receiving a mail ballot shall, in 1
193	193	addition to those directions that may be printed, stamped, or written on it by authority of the 2
194	194	secretary of state, be in substantially the following form: 3
195	195	STATE OF RHODE ISLAND 4
196	196	APPLICATION OF VOTER FOR BALLOT FOR ELECTION 5
197	197	ON_________________________________________ 6
198	198	(COMPLETE HIGHLIGHTED SECTIONS) 7
199	199	NOTE — THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF 8
200	200	CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M ON 9
201	201	_______________ 10
202	202	BOX A (PRINT OR TYPE) 11
203	203	NAME_________________________________________ 12
204	204	VOTING ADDRESS_________________________________________ 13
205	205	CITY/TOWN_______________________________________ STATE RI 14
206	206	ZIP CODE_________________________________________ 15
207	207	DATE OF BIRTH_______________________ 16
208	208	PHONE #_________________________________________ 17
209	209	BOX B (PRINT OR TYPE) 18
210	210	NAME OF INSTITUTION (IF APPLICABLE) _____________________________ 19
211	211	ADDRESS_________________________________________ 20
212	212	ADDRESS_________________________________________ 21
213	213	CITY/TOWN_______________________________________ STATE___________ 22
214	214	ZIP CODE_________________________________________ 23
215	215	FACSIMILE NUMBER (if 24
216	216	applicable)_________________________________________ 25
217	217	I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING 26
218	218	BASIS: (CHECK ONE ONLY) 27
219	219	( ) 1. I am incapacitated to such an extent that it would be an undue hardship to vote at the 28
220	220	polls because of illness, mental or physical disability, blindness, or a serious impairment of 29
221	221	mobility. If the ballot is not being mailed to your voter registration address (BOX A above) please 30
222	222	provide the Rhode Island address where you are temporarily residing in BOX B above. 31
223	223	( ) 2. I am confined in a hospital, convalescent home, nursing home, rest home, or similar 32
224	224	institution within the State of Rhode Island. Provide the name and address of the facility where you 33
225	225	are residing in BOX B above. 34
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229	229	( ) 3. I am employed or in service intimately connected with military operations or because 1
230	230	I am a spouse or dependent of such person, or I am a United States citizen and will be outside the 2
231	231	United States. Complete BOX B above or the ballot will be mailed to the local board of canvassers. 3
232	232	( ) 4. I choose to vote by mail. If the ballot is not being mailed to your voter registration 4
233	233	address (BOX A above) please provide the address within the United States where you are 5
234	234	temporarily residing in BOX B above. If you request that your ballot be sent to your local board of 6
235	235	canvassers please indicate so in BOX B above. 7
236	236	BOX D OATH OF VOTER 8
237	237	I declare that all of the information I have provided on this form is true and correct to the 9
238	238	best of my knowledge. I further state that I am not a qualified voter of any other city or town or 10
239	239	state and have not claimed and do not intend to claim the right to vote in any other city or town or 11
240	240	state. If unable to sign name because of physical incapacity or otherwise, blindness, disability, or 12
241	241	inability to read or write, the applicant shall make his or her mark “X” the box to indicate the voter 13
242	242	cannot sign due to blindness, disability, or inability to read or write, and include the full name, 14
243	243	residence address, and signature of the person who provided assistance to the voter. 15
244	244	SIGNATURE IN FULL_________________________________________ 16
245	245	Please note: A Power of Attorney signature is not valid in Rhode Island. 17
246	246	17-20-21. Certifying envelopes. 18
247	247	The secretary of state shall cause to be prepared and printed and shall furnish with each 19
248	248	mail ballot an envelope for sealing up and certifying the ballot when returned. The envelope shall 20
249	249	be printed in substantially the following form: 21
250	250	“After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to 22
251	251	statement hereon. Enclose in envelope addressed to board of elections, which must receive the 23
252	252	envelope not later than the time prescribed by § 17-18-11 for the closing of polling places on the 24
253	253	day of election.” 25
254	254	Date of Election:______________ City/Town of:__________________ 26
255	255	Certificate of Voter 27
256	256	Print Name of Voter 28
257	257	I swear or affirm, under penalty of perjury, that I am: 29
258	258	• I am a United States citizen; 30
259	259	• I am a resident and qualified voter of the State of Rhode Island; 31
260	260	• I am eligible to cast a mail ballot under the provisions of § 17-20-2; and 32
261	261	• I have not and will not vote elsewhere in this election. 33
262	262	I hereby attest under the pains and penalty of perjury, that the enclosed voted ballot was 34
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266	266	cast by me, and that the signature or mark on this certifying envelope was made by me. 1
267	267	Voter must sign full name here: _______________________________________ 2
268	268	(If unable to sign name because of physical incapacity or otherwise, voter shall make his 3
269	269	or her mark “(X)”) blindness, disability, or inability to read or write, the voter or their assistant 4
270	270	shall mark a box to indicate the voter cannot sign due to blindness, disability, or inability to read 5
271	271	or write, and include the full name, residence address, and signature of the person who provided 6
272	272	assistance to the voter on the certifying envelope provided by the secretary of state. The 7
273	273	representation relating to physical incapacity shall be made under the pains and penalties of perjury. 8
274	274	SECTION 2. This act shall take effect upon passage. 9
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281	281	EXPLANATION
282	282	BY THE LEGISLATIVE COUNCIL
283	283	OF
284	284	A N A C T
285	285	RELATING TO ELECTIONS -- MAIL BALLOTS
286	286	***
287	287	This act would eliminate the requirement of signing with an "X" for voters who cannot 1
288	288	sign their name due to blindness, disability, or inability to read or write, and would require that a 2
289	289	box is checked on the application or ballot certification envelope and any person providing 3
290	290	assistance to the voter in signing the ballot must provide their signature and information. 4
291	291	This act would take effect upon passage. 5
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293	293	LC002669
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