2023 -- S 0842
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LC002669
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO ELECTIONS -- MAIL BALLOTS
Introduced By: Senators Quezada, Ujifusa, Tikoian, and Cano
Date Introduced: March 29, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
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
the General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended to read as follows: 2
17-20-2.1. Requirements for validity of mail ballot and mail ballot applications. 3
(a) Any legally qualified elector of this state whose name appears upon the official voting 4
list of the city, town, or district of the city or town where the elector is qualified, and who desires 5
to avail himself or herself of the right granted to him or her by the Constitution and declared in this 6
chapter, may obtain from the local board in the city or town a form prepared by the secretary of 7
state as prescribed in this section, setting forth the elector’s application for a mail ballot or may 8
apply online in accordance with § 17-20-2.3. 9
(b) Whenever any person is unable to sign his or her name because of physical incapacity 10
or otherwise, that person shall make his or her mark “X” blindness, disability, or inability to read 11
or write, the voter or their assistant shall mark a box to indicate the voter cannot sign due to 12
blindness, disability, or inability to read or write, and include the full name, residence address, and 13
signature, of the person who provided assistance to the voter on a form provided by the secretary 14
of state. The representation relating to the voter's inability to sign shall be made under the pains 15
and penalties of perjury. 16
(c) To receive a ballot in the mail, an elector must submit an application in person or by 17
mail, so that it is received by the local board, or received electronically through the portal 18
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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before the day of any election referred to in § 17-20-1. 1
(d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in 2
order to be valid, must have been cast in conformance with the following procedures: 3
(1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the 4
Rhode Island address provided by the elector on the application. In order to be valid, the voter must 5
affix his or her signature on all certifying envelopes containing a voted ballot. 6
(2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the 7
name and location of the hospital, convalescent home, nursing home, or similar institution where 8
the elector is confined. All mail ballots issued pursuant to § 17-20-2(2) shall be delivered to the 9
elector at the hospital, convalescent home, nursing home, or similar institution where the elector is 10
confined. 11
(3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed to the address provided 12
by the elector on the application or sent to the board of canvassers in the city or town where the 13
elector maintains his or her voting residence. In order to be valid, the voter must affix his or her 14
signature on the certifying envelope containing voted ballots. Any voter qualified to receive a mail 15
ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of 16
United States Public Law 99-410, the Uniformed and Overseas Citizens Absentee Voting Act 17
(UOCAVA). 18
(4) All mail ballots issued pursuant to § 17-20-2(4) may be mailed to the elector at the 19
address within the United States provided by the elector on the application or sent to the board of 20
canvassers in the city or town where the elector maintains his or her voting residence. In order to 21
be valid, the voter must affix his or her signature on all certifying envelopes containing a voted 22
ballot. In order to be valid, all ballots sent to the elector at the board of canvassers, must be voted 23
in conformance with the provisions of § 17-20-14.2. 24
(e) Any person knowingly and willfully making a false application or certification, or 25
knowingly and willfully aiding and abetting in the making of a false application or certification, 26
shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. 27
(f) In no way shall a mail ballot application be disqualified if the voter’s circumstances 28
change between the time of making the application and voting his or her mail ballot as long as the 29
voter remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board 30
of canvassers shall provide the state board of elections with written notification of any change in 31
circumstances to a mail ballot voter. 32
17-20-3. Definitions. 33
(a) Wherever used in this chapter, every word importing only the masculine gender is 34
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construed to extend to, and include, females as well as males. 1
(b) Whenever used in this chapter, “bipartisan pairs of supervisors” for primaries means a 2
supervisor representing the endorsed candidates and a supervisor representing a majority of 3
unendorsed candidates, and for nonpartisan elections and primaries means non-partisan pairs of 4
supervisors. 5
(c) Wherever used in this chapter, “employed outside of the United States” includes any 6
person who is: 7
(1) Employed by any agency, department, or division of the United States government and 8
who, by reason of that employment, resides outside of the continental United States; 9
(2) Employed outside the territorial limits of the United States; or 10
(3) A spouse or dependent residing with persons so employed. 11
(d) Wherever used in this chapter, “services intimately connected with military operations” 12
includes members of religious groups or welfare agencies assisting members of the armed forces 13
who are officially attached to and serving with the armed forces and their spouses and dependents, 14
and the spouses and dependents of members of the armed forces and of the merchant marine; 15
provided, that the spouses and dependents are residing outside of the state with the members of the 16
armed forces, merchant marine, or members of the religious or welfare agencies. 17
(e) Whenever a signature is required by a voter in this chapter, “signature” also means the 18
voter’s mark “X” if the person is unable to sign his or her name because of physical incapacity or 19
otherwise blindness, disability, or inability to read or write, or by affixing the voter's signature by 20
a person providing assistance to the voter in accordance with the requirements of this chapter. 21
(f) Whenever used in this chapter, “bipartisan” means not of the same recognized political 22
party. 23
(g) Whenever used in this chapter, “emergency” voting pursuant to § 17-20-2.2(g) shall be 24
construed to mean “early” voting. 25
17-20-8. Application for ballot. 26
(a) Whenever any person is unable to sign his or her name because of physical incapacity 27
or otherwise, that person shall make his or her mark “X” blindness, disability, or inability to read 28
or write, the voter or their assistant shall mark a box to indicate the voter cannot sign due to 29
blindness, disability, or inability to read or write, and include the full name, residence address, and 30
signature of the person who provided assistance to the voter on a form provided by the secretary of 31
state. The representation relating to the voters inability to sign shall be made under the pains and 32
penalties of perjury. 33
(b) Notwithstanding any other provision of this chapter as to time and manner thereof, it 34
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shall be the duty of the applicant to cause the mail ballot application or the emergency mail ballot 1
application, as the case may be, to be processed by the local board so that the applicant may receive 2
the ballot, cast it, and cause delivery thereof to be made to the state board not later than eight 3
o’clock (8:00) p.m. on the date of election. 4
(c) The local board shall maintain a separate list of names and addresses of all applicants 5
and a copy of the list shall be made available for inspection to any person upon request. 6
(d) Any person knowingly and willfully making a false application or certification or 7
knowingly and willfully aiding and abetting in the making of a false application or certification 8
shall be guilty of a felony. 9
(e) Voters shall be able to apply for a mail ballot electronically through the voter 10
registration portal established by § 17-20-2.3. 11
17-20-10. Certification of applications — Issuance of ballots — Marking of lists — 12
Mailing address. 13
(a) Upon receipt of the application, the local board shall immediately examine it and 14
determine whether it complies with each of the requirements set forth by this chapter and compare 15
the signature on the ballot application with the signature contained on the original registration card 16
or on the central voter registration system, except as may be otherwise provided by law, to satisfy 17
itself that the applicant is a qualified voter. Upon determining that it does meet each requirement 18
of this chapter and that the signature appears to be the same, the local board shall mark the 19
application “accepted” and record in the space provided on the ballot application the senatorial, 20
representative, and voting district in which the applicant should vote. 21
(b) The local board shall also record the city or town code and district information in the 22
mailing label section of the mail ballot application. The local board shall also print or type the name 23
of the elector and the complete mailing address in that section. If the local board does not accept 24
the application, the local board shall return the application to the elector, together with a form 25
prescribed by the secretary of state, specifying the reason or reasons for the return of the application. 26
(c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election 27
referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs 28
first, the local board shall certify the applications to the secretary of state through the central voter 29
registration system as this procedure is prescribed by the secretary of state. Upon the certification 30
of a mail ballot application to the secretary of state, the local board shall enter on the voting list the 31
fact that a mail ballot application for the voter has been certified and shall cause the delivery of the 32
certified mail ballot applications together with the signed certified listing thereof in sealed packages 33
to the state board of elections. 34
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(d)(1) Upon the ballots becoming available, the secretary of state shall immediately issue 1
and mail, by first-class mail, postage prepaid, a mail ballot to each eligible voter who has been 2
certified. With respect to voters who have applied for these mail ballots under the provisions of § 3
17-20-2(1), the secretary of state shall include with the mail ballots a stamped, return envelope 4
addressed to the board of elections. 5
(2) The secretary of state shall include on the mail ballot envelope a numerical or 6
alphabetical code designating the city or town where the voter resides. The secretary of state shall 7
immediately thereafter indicate on the voter’s record that the secretary of state has sent mail ballots; 8
provided that this mark shall serve solely to indicate that a mail ballot has been issued and shall not 9
be construed as voting in the election. 10
(e) Prior to each election, the secretary of state shall also furnish to the chairperson of the 11
state committee of each political party a list of the names and residence addresses of all persons to 12
whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for 13
political office, upon request, a list of the names and residence addresses of all persons to whom 14
mail ballots have been issued within his or her district. 15
(f) If a ballot is returned to the secretary of state by the postal service as undeliverable, the 16
secretary of state shall consult with the appropriate local board to determine the accuracy of the 17
mailing address, and the secretary of state shall be required to remail the ballot to the voter using 18
the corrected address provided by the local board. If the local board is unable to provide a different 19
address than that to which the ballot was originally mailed, the ballot shall be reissued by the 20
secretary of state to the board of canvassers in the city or town where the voter resides utilizing the 21
numerical or alphabetical code established in subsection (d) of this section. The board shall then 22
attempt to notify the voter at his or her place of residence that the ballot has been returned as 23
undeliverable. The ballot must be voted in accordance with the provisions of this chapter. 24
(g) The acceptance of a mail ballot application by the board of canvassers and the issuance 25
of a mail ballot by the secretary of state shall not create any presumption as to the accuracy of the 26
information provided by the applicant or as to the applicant’s compliance with the provisions of 27
this chapter. Any inaccuracy in the provided information or irregularity in the application may be 28
raised as a challenge to the ballot before the board of elections at the time of certification. If the 29
challenge raised at that time is meritorious, the ballot shall be voided. 30
(h) Within two (2) business days of receipt by the local board, the board shall certify 31
emergency mail ballot applications and, shall cause the delivery of the emergency mail ballot 32
applications, and certification sheet in sealed packages to the state board of elections. 33
17-20-13. Form of application. 34
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The application to be subscribed by the voters before receiving a mail ballot shall, in 1
addition to those directions that may be printed, stamped, or written on it by authority of the 2
secretary of state, be in substantially the following form: 3
STATE OF RHODE ISLAND 4
APPLICATION OF VOTER FOR BALLOT FOR ELECTION 5
ON_________________________________________ 6
(COMPLETE HIGHLIGHTED SECTIONS) 7
NOTE — THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF 8
CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M ON 9
_______________ 10
BOX A (PRINT OR TYPE) 11
NAME_________________________________________ 12
VOTING ADDRESS_________________________________________ 13
CITY/TOWN_______________________________________ STATE RI 14
ZIP CODE_________________________________________ 15
DATE OF BIRTH_______________________ 16
PHONE #_________________________________________ 17
BOX B (PRINT OR TYPE) 18
NAME OF INSTITUTION (IF APPLICABLE) _____________________________ 19
ADDRESS_________________________________________ 20
ADDRESS_________________________________________ 21
CITY/TOWN_______________________________________ STATE___________ 22
ZIP CODE_________________________________________ 23
FACSIMILE NUMBER (if 24
applicable)_________________________________________ 25
I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING 26
BASIS: (CHECK ONE ONLY) 27
( ) 1. I am incapacitated to such an extent that it would be an undue hardship to vote at the 28
polls because of illness, mental or physical disability, blindness, or a serious impairment of 29
mobility. If the ballot is not being mailed to your voter registration address (BOX A above) please 30
provide the Rhode Island address where you are temporarily residing in BOX B above. 31
( ) 2. I am confined in a hospital, convalescent home, nursing home, rest home, or similar 32
institution within the State of Rhode Island. Provide the name and address of the facility where you 33
are residing in BOX B above. 34
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( ) 3. I am employed or in service intimately connected with military operations or because 1
I am a spouse or dependent of such person, or I am a United States citizen and will be outside the 2
United States. Complete BOX B above or the ballot will be mailed to the local board of canvassers. 3
( ) 4. I choose to vote by mail. If the ballot is not being mailed to your voter registration 4
address (BOX A above) please provide the address within the United States where you are 5
temporarily residing in BOX B above. If you request that your ballot be sent to your local board of 6
canvassers please indicate so in BOX B above. 7
BOX D OATH OF VOTER 8
I declare that all of the information I have provided on this form is true and correct to the 9
best of my knowledge. I further state that I am not a qualified voter of any other city or town or 10
state and have not claimed and do not intend to claim the right to vote in any other city or town or 11
state. If unable to sign name because of physical incapacity or otherwise, blindness, disability, or 12
inability to read or write, the applicant shall make his or her mark “X” the box to indicate the voter 13
cannot sign due to blindness, disability, or inability to read or write, and include the full name, 14
residence address, and signature of the person who provided assistance to the voter. 15
SIGNATURE IN FULL_________________________________________ 16
Please note: A Power of Attorney signature is not valid in Rhode Island. 17
17-20-21. Certifying envelopes. 18
The secretary of state shall cause to be prepared and printed and shall furnish with each 19
mail ballot an envelope for sealing up and certifying the ballot when returned. The envelope shall 20
be printed in substantially the following form: 21
“After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to 22
statement hereon. Enclose in envelope addressed to board of elections, which must receive the 23
envelope not later than the time prescribed by § 17-18-11 for the closing of polling places on the 24
day of election.” 25
Date of Election:______________ City/Town of:__________________ 26
Certificate of Voter 27
Print Name of Voter 28
I swear or affirm, under penalty of perjury, that I am: 29
• I am a United States citizen; 30
• I am a resident and qualified voter of the State of Rhode Island; 31
• I am eligible to cast a mail ballot under the provisions of § 17-20-2; and 32
• I have not and will not vote elsewhere in this election. 33
I hereby attest under the pains and penalty of perjury, that the enclosed voted ballot was 34
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cast by me, and that the signature or mark on this certifying envelope was made by me. 1
Voter must sign full name here: _______________________________________ 2
(If unable to sign name because of physical incapacity or otherwise, voter shall make his 3
or her mark “(X)”) blindness, disability, or inability to read or write, the voter or their assistant 4
shall mark a box to indicate the voter cannot sign due to blindness, disability, or inability to read 5
or write, and include the full name, residence address, and signature of the person who provided 6
assistance to the voter on the certifying envelope provided by the secretary of state. The 7
representation relating to physical incapacity shall be made under the pains and penalties of perjury. 8
SECTION 2. This act shall take effect upon passage. 9
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LC002669
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO ELECTIONS -- MAIL BALLOTS
***
This act would eliminate the requirement of signing with an "X" for voters who cannot 1
sign their name due to blindness, disability, or inability to read or write, and would require that a 2
box is checked on the application or ballot certification envelope and any person providing 3
assistance to the voter in signing the ballot must provide their signature and information. 4
This act would take effect upon passage. 5
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LC002669
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