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| 5 | 5 | | 2023 -- S 0843 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001824 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO ELECTIONS -- MAIL BALLOTS |
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| 16 | 16 | | Introduced By: Senators Acosta, Ujifusa, Britto, Kallman, Euer, and Zurier |
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| 17 | 17 | | Date Introduced: March 29, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 17-20-2.1 and 17-20-10 of the General Laws in Chapter 17-20 1 |
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| 23 | 23 | | entitled "Mail Ballots" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 17-20-2.1. Requirements for validity of mail ballot and mail ballot applications. 3 |
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| 25 | 25 | | (a) Any legally qualified elector of this state whose name appears upon the official voting 4 |
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| 26 | 26 | | list of the city, town, or district of the city or town where the elector is qualified, and who desires 5 |
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| 27 | 27 | | to avail himself or herself of the right granted to him or her by the Constitution and declared in this 6 |
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| 28 | 28 | | chapter, may obtain from the local board in the city or town a form prepared by the secretary of 7 |
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| 29 | 29 | | state as prescribed in this section, setting forth the elector’s application for a mail ballot or may 8 |
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| 30 | 30 | | apply online in accordance with § 17-20-2.3. 9 |
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| 31 | 31 | | (b) Whenever any person is unable to sign his or her name because of physical incapacity 10 |
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| 32 | 32 | | or otherwise, that person shall make his or her mark “X” voter. 11 |
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| 33 | 33 | | (c) To receive a ballot in the mail, an elector must submit an application in person or by 12 |
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| 34 | 34 | | mail, so that it is received by the local board, or received electronically through the portal 13 |
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| 35 | 35 | | established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the twenty-first (21st) day 14 |
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| 36 | 36 | | before the day of any election referred to in § 17-20-1. In those cases where an application to receive 15 |
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| 37 | 37 | | a mail ballot is received not later than three (3) days after the twenty-first day before the date of an 16 |
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| 38 | 38 | | election and which is delivered by the postal service to the local board, the application shall be 17 |
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| 39 | 39 | | considered received on or prior to the last day to apply for a mail ballot. 18 |
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| 40 | 40 | | (d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001824 - Page 2 of 5 |
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| 44 | 44 | | order to be valid, must have been cast in conformance with the following procedures: 1 |
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| 45 | 45 | | (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the 2 |
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| 46 | 46 | | Rhode Island address provided by the elector on the application. In order to be valid, the voter must 3 |
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| 47 | 47 | | affix his or her signature on all certifying envelopes containing a voted ballot. 4 |
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| 48 | 48 | | (2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the 5 |
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| 49 | 49 | | name and location of the hospital, convalescent home, nursing home, or similar institution where 6 |
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| 50 | 50 | | the elector is confined. All mail ballots issued pursuant to § 17-20-2(2) shall be delivered to the 7 |
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| 51 | 51 | | elector at the hospital, convalescent home, nursing home, or similar institution where the elector is 8 |
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| 52 | 52 | | confined. 9 |
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| 53 | 53 | | (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed to the address provided 10 |
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| 54 | 54 | | by the elector on the application or sent to the board of canvassers in the city or town where the 11 |
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| 55 | 55 | | elector maintains his or her voting residence. In order to be valid, the voter must affix his or her 12 |
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| 56 | 56 | | signature on the certifying envelope containing voted ballots. Any voter qualified to receive a mail 13 |
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| 57 | 57 | | ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of 14 |
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| 58 | 58 | | United States Public Law 99-410, the Uniformed and Overseas Citizens Absentee Voting Act 15 |
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| 59 | 59 | | (UOCAVA). 16 |
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| 60 | 60 | | (4) All mail ballots issued pursuant to § 17-20-2(4) may be mailed to the elector at the 17 |
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| 61 | 61 | | address within the United States provided by the elector on the application or sent to the board of 18 |
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| 62 | 62 | | canvassers in the city or town where the elector maintains his or her voting residence. In order to 19 |
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| 63 | 63 | | be valid, the voter must affix his or her signature on all certifying envelopes containing a voted 20 |
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| 64 | 64 | | ballot. In order to be valid, all ballots sent to the elector at the board of canvassers, must be voted 21 |
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| 65 | 65 | | in conformance with the provisions of § 17-20-14.2. 22 |
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| 66 | 66 | | (e) Any person knowingly and willfully making a false application or certification, or 23 |
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| 67 | 67 | | knowingly and willfully aiding and abetting in the making of a false application or certification, 24 |
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| 68 | 68 | | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. 25 |
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| 69 | 69 | | (f) In no way shall a mail ballot application be disqualified if the voter’s circumstances 26 |
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| 70 | 70 | | change between the time of making the application and voting his or her mail ballot as long as the 27 |
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| 71 | 71 | | voter remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board 28 |
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| 72 | 72 | | of canvassers shall provide the state board of elections with written notification of any change in 29 |
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| 73 | 73 | | circumstances to a mail ballot voter. 30 |
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| 74 | 74 | | 17-20-10. Certification of applications — Issuance of ballots — Marking of lists — 31 |
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| 75 | 75 | | Mailing address. 32 |
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| 76 | 76 | | (a) Upon receipt of the application, the local board shall immediately examine it and 33 |
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| 77 | 77 | | determine whether it complies with each of the requirements set forth by this chapter and compare 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001824 - Page 3 of 5 |
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| 81 | 81 | | the signature on the ballot application with the signature contained on the original registration card 1 |
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| 82 | 82 | | or on the central voter registration system, except as may be otherwise provided by law, to satisfy 2 |
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| 83 | 83 | | itself that the applicant is a qualified voter. Upon determining that it does meet each requirement 3 |
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| 84 | 84 | | of this chapter and that the signature appears to be the same, the local board shall mark the 4 |
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| 85 | 85 | | application “accepted” and record in the space provided on the ballot application the senatorial, 5 |
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| 86 | 86 | | representative, and voting district in which the applicant should vote. 6 |
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| 87 | 87 | | (b) The local board shall also record the city or town code and district information in the 7 |
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| 88 | 88 | | mailing label section of the mail ballot application. The local board shall also print or type the name 8 |
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| 89 | 89 | | of the elector and the complete mailing address in that section. If the local board does not accept 9 |
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| 90 | 90 | | the application, the local board shall return the application to the elector, together with a form 10 |
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| 91 | 91 | | prescribed by the secretary of state, specifying the reason or reasons for the return of the application. 11 |
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| 92 | 92 | | (c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election 12 |
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| 93 | 93 | | referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs 13 |
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| 94 | 94 | | first, the local board shall certify the applications to the secretary of state through the central voter 14 |
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| 95 | 95 | | registration system as this procedure is prescribed by the secretary of state. Upon the certification 15 |
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| 96 | 96 | | of a mail ballot application to the secretary of state, the local board shall enter on the voting list the 16 |
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| 97 | 97 | | fact that a mail ballot application for the voter has been certified and, upon order by the state board, 17 |
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| 98 | 98 | | shall cause the delivery of the certified mail ballot applications together with the signed certified 18 |
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| 99 | 99 | | listing thereof in sealed packages to the state board of elections. 19 |
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| 100 | 100 | | (d)(1) Upon the ballots becoming available, the secretary of state shall immediately issue 20 |
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| 101 | 101 | | and mail, by first-class mail, postage prepaid, a mail ballot to each eligible voter who has been 21 |
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| 102 | 102 | | certified. With respect to voters who have applied for these mail ballots under the provisions of § 22 |
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| 103 | 103 | | 17-20-2(1), the secretary of state shall include with the mail ballots a stamped, return envelope 23 |
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| 104 | 104 | | addressed to the board of elections. 24 |
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| 105 | 105 | | (2) The secretary of state shall include on the mail ballot envelope a numerical or 25 |
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| 106 | 106 | | alphabetical code designating the city or town where the voter resides. The secretary of state shall 26 |
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| 107 | 107 | | immediately thereafter indicate on the voter’s record that the secretary of state has sent mail ballots; 27 |
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| 108 | 108 | | provided that this mark shall serve solely to indicate that a mail ballot has been issued and shall not 28 |
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| 109 | 109 | | be construed as voting in the election. 29 |
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| 110 | 110 | | (e) Prior to each election, the secretary of state shall also furnish to the chairperson of the 30 |
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| 111 | 111 | | state committee of each political party a list of the names and residence addresses of all persons to 31 |
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| 112 | 112 | | whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for 32 |
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| 113 | 113 | | political office, upon request, a list of the names and residence addresses of all persons to whom 33 |
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| 114 | 114 | | mail ballots have been issued within his or her district. 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001824 - Page 4 of 5 |
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| 118 | 118 | | (f) If a ballot is returned to the secretary of state by the postal service as undeliverable, the 1 |
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| 119 | 119 | | secretary of state shall consult with the appropriate local board to determine the accuracy of the 2 |
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| 120 | 120 | | mailing address, and the secretary of state shall be required to remail the ballot to the voter using 3 |
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| 121 | 121 | | the corrected address provided by the local board. If the local board is unable to provide a different 4 |
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| 122 | 122 | | address than that to which the ballot was originally mailed, the ballot shall be reissued by the 5 |
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| 123 | 123 | | secretary of state to the board of canvassers in the city or town where the voter resides utilizing the 6 |
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| 124 | 124 | | numerical or alphabetical code established in subsection (d) of this section. The board shall then 7 |
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| 125 | 125 | | attempt to notify the voter at his or her place of residence that the ballot has been returned as 8 |
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| 126 | 126 | | undeliverable. The ballot must be voted in accordance with the provisions of this chapter. 9 |
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| 127 | 127 | | (g) The acceptance of a mail ballot application by the board of canvassers and the issuance 10 |
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| 128 | 128 | | of a mail ballot by the secretary of state shall not create any presumption as to the accuracy of the 11 |
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| 129 | 129 | | information provided by the applicant or as to the applicant’s compliance with the provisions of 12 |
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| 130 | 130 | | this chapter. Any inaccuracy in the provided information or irregularity in the application may be 13 |
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| 131 | 131 | | raised as a challenge to the ballot before the board of elections at the time of certification. If the 14 |
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| 132 | 132 | | challenge raised at that time is meritorious, the ballot shall be voided. 15 |
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| 133 | 133 | | (h) Within two (2) business days of receipt by the local board, the board shall certify 16 |
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| 134 | 134 | | emergency mail ballot applications and, when directed by the state board or its staff, shall cause 17 |
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| 135 | 135 | | the delivery of the emergency mail ballot applications, and certification sheet in sealed packages to 18 |
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| 136 | 136 | | the state board of elections. 19 |
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| 137 | 137 | | SECTION 2. This act shall take effect upon passage. 20 |
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| 138 | 138 | | ======== |
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| 139 | 139 | | LC001824 |
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| 140 | 140 | | ======== |
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| 141 | 141 | | |
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| 142 | 142 | | |
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| 143 | 143 | | LC001824 - Page 5 of 5 |
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| 144 | 144 | | EXPLANATION |
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| 145 | 145 | | BY THE LEGISLATIVE COUNCIL |
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| 146 | 146 | | OF |
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| 147 | 147 | | A N A C T |
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| 148 | 148 | | RELATING TO ELECTIONS -- MAIL BALLOTS |
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| 149 | 149 | | *** |
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| 150 | 150 | | This act would establish a three (3) day transmittal period after the deadline for local boards 1 |
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| 151 | 151 | | to accept mail ballot applications, if delivered via the postal service, and would eliminate the 2 |
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| 152 | 152 | | requirement that local boards bring mail ballot certification sheets and applications to the state 3 |
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| 153 | 153 | | board, unless directed to do so by the state board. 4 |
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| 154 | 154 | | This act would take effect upon passage. 5 |
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| 155 | 155 | | ======== |
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| 156 | 156 | | LC001824 |
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| 157 | 157 | | ======== |
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