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5 | 5 | | 2025 -- H 5232 |
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6 | 6 | | ======== |
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7 | 7 | | LC000628 |
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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. 2025 |
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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: Representatives J. Brien, Corvese, Chippendale, Noret, Serpa, Azzinaro, |
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17 | 17 | | Hopkins, Paplauskas, and Baginski |
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18 | 18 | | Date Introduced: January 29, 2025 |
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19 | 19 | | Referred To: House State Government & Elections |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Sections 17-20-2.2 and 17-20-3 of the General Laws in Chapter 17-20 entitled 1 |
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24 | 24 | | "Mail Ballots" are hereby amended to read as follows: 2 |
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25 | 25 | | 17-20-2.2. Requirements for validity of emergency mail ballots. 3 |
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26 | 26 | | (a) Any legally qualified elector of this state whose name appears upon the official voting 4 |
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27 | 27 | | list of the town or district of the city or town where the elector is so qualified is eligible to vote by 5 |
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28 | 28 | | emergency mail ballot according to this chapter. Within twenty (20) days or less prior to any 6 |
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29 | 29 | | election, the elector may obtain from the local board an application for an emergency mail ballot 7 |
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30 | 30 | | or may complete an emergency in-person mail ballot application on an electronic poll pad at the 8 |
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31 | 31 | | board of canvassers where the elector maintains his or her residence. 9 |
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32 | 32 | | (b) The emergency mail ballot application, when duly executed, shall be delivered in 10 |
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33 | 33 | | person or by mail so that it shall be received by the local board, or received electronically through 11 |
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34 | 34 | | the portal established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the last day 12 |
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35 | 35 | | preceding the date of the election. 13 |
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36 | 36 | | (c) The elector shall execute the emergency mail ballot application in accordance with the 14 |
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37 | 37 | | requirements of this chapter. 15 |
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38 | 38 | | (d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail 16 |
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39 | 39 | | ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, in 17 |
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40 | 40 | | order to be valid, must have been cast in conformance with the following procedures: 18 |
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41 | 41 | | (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000628 - Page 2 of 5 |
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45 | 45 | | state of Rhode Island address provided on the application by the office of the secretary of state, or 1 |
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46 | 46 | | delivered by the local board to a person presenting written authorization from the elector to receive 2 |
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47 | 47 | | the ballots, or cast in private at the local board of canvassers. In order to be valid, the voter must 3 |
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48 | 48 | | affix his or her signature on the certifying envelope containing a voted ballot. In order to be valid, 4 |
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49 | 49 | | all ballots sent to the elector at the board of canvassers must be voted in conformance with the 5 |
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50 | 50 | | provisions of § 17-20-14.2. 6 |
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51 | 51 | | (2) All applications for emergency mail ballots pursuant to § 17-20-2(2) must state under 7 |
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52 | 52 | | oath the name and location of the hospital, convalescent home, nursing home, or similar institution 8 |
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53 | 53 | | where the elector is confined. All mail ballots issued pursuant to this subdivision shall be delivered 9 |
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54 | 54 | | to the elector by the bipartisan pair of supervisors, appointed in conformance with this chapter, and 10 |
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55 | 55 | | shall be voted in conformance with the provisions of § 17-20-14. 11 |
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56 | 56 | | (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed by the office of the 12 |
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57 | 57 | | secretary of state to the elector at an address provided by the elector on the application, or cast at 13 |
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58 | 58 | | the board of canvassers in the city or town where the elector maintains his or her voting residence. 14 |
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59 | 59 | | Any voter qualified to receive a mail ballot pursuant to § 17-20-2(3) shall also be entitled to cast a 15 |
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60 | 60 | | ballot pursuant to the provisions of United States Public Law 99-410, the Uniformed and Overseas 16 |
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61 | 61 | | Citizens Absentee Voting Act (UOCAVA). 17 |
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62 | 62 | | (4) All mail ballots issued pursuant to § 17-20-2(4) shall be cast at the board of canvassers 18 |
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63 | 63 | | in the city or town where the elector maintains his or her voting residence or mailed by the office 19 |
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64 | 64 | | of the secretary of state to the elector at the address within the United States provided by the elector 20 |
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65 | 65 | | on the application, or delivered to the voter by a person presenting written authorization by the 21 |
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66 | 66 | | voter to pick up the ballot. In order to be valid, the voter must affix his or her signature on all 22 |
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67 | 67 | | certifying envelopes containing a voted ballot. In order to be valid, all ballots sent to the elector at 23 |
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68 | 68 | | the board of canvassers must be voted in conformance with the provisions of § 17-20-14.2. 24 |
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69 | 69 | | (e) The secretary of state shall provide each of the several boards of canvassers with a 25 |
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70 | 70 | | sufficient number of mail ballots for their voting districts so that the local boards may provide the 26 |
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71 | 71 | | appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to 27 |
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72 | 72 | | process each emergency ballot application in accordance with this chapter, and it shall be the duty 28 |
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73 | 73 | | of each board to return to the secretary of state any ballots not issued immediately after each 29 |
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74 | 74 | | election. 30 |
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75 | 75 | | (f) Any person knowingly and willfully making a false application or certification, or 31 |
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76 | 76 | | knowingly and willfully aiding and abetting in the making of a false application or certification, 32 |
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77 | 77 | | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. 33 |
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78 | 78 | | (g) An emergency mail ballot application may be completed in person using an electronic 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000628 - Page 3 of 5 |
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82 | 82 | | poll pad provided by the board of canvassers upon presentation by the voter of valid proof of 1 |
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83 | 83 | | identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be 2 |
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84 | 84 | | provided with a ballot issued by the secretary of state and upon completion of the ballot by the 3 |
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85 | 85 | | voter, the voter shall place the ballot into the state-approved electronic voting device, provided by 4 |
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86 | 86 | | the board of elections and secured in accordance with a policy adopted by the board of elections. 5 |
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87 | 87 | | 17-20-3. Definitions. 6 |
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88 | 88 | | (a) Wherever used in this chapter, every word importing only the masculine gender is 7 |
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89 | 89 | | construed to extend to, and include, females as well as males. 8 |
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90 | 90 | | (b) Whenever used in this chapter, “bipartisan pairs of supervisors” for primaries means a 9 |
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91 | 91 | | supervisor representing the endorsed candidates and a supervisor representing a majority of 10 |
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92 | 92 | | unendorsed candidates, and for nonpartisan elections and primaries means nonpartisan pairs of 11 |
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93 | 93 | | supervisors. 12 |
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94 | 94 | | (c) Wherever used in this chapter, “employed outside of the United States” includes any 13 |
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95 | 95 | | person who is: 14 |
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96 | 96 | | (1) Employed by any agency, department, or division of the United States government and 15 |
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97 | 97 | | who, by reason of that employment, resides outside of the continental United States; 16 |
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98 | 98 | | (2) Employed outside the territorial limits of the United States; or 17 |
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99 | 99 | | (3) A spouse or dependent residing with persons so employed. 18 |
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100 | 100 | | (d) Wherever used in this chapter, “services intimately connected with military operations” 19 |
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101 | 101 | | includes members of religious groups or welfare agencies assisting members of the armed forces 20 |
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102 | 102 | | who are officially attached to and serving with the armed forces and their spouses and dependents, 21 |
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103 | 103 | | and the spouses and dependents of members of the armed forces and of the merchant marine; 22 |
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104 | 104 | | provided, that the spouses and dependents are residing outside of the state with the members of the 23 |
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105 | 105 | | armed forces, merchant marine, or members of the religious or welfare agencies. 24 |
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106 | 106 | | (e) Whenever a signature is required by a voter in this chapter, “signature” also means the 25 |
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107 | 107 | | voter’s mark if the person is unable to sign their name because of blindness, disability, or inability 26 |
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108 | 108 | | to read or write, or by affixing the voter’s signature by a person providing assistance to the voter in 27 |
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109 | 109 | | accordance with the requirements of this chapter. 28 |
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110 | 110 | | (f) Whenever used in this chapter, “bipartisan” means not of the same recognized political 29 |
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111 | 111 | | party. 30 |
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112 | 112 | | (g) Whenever used in this chapter, “emergency” voting pursuant to § 17-20-2.2(g) shall be 31 |
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113 | 113 | | construed to mean “early” voting. 32 |
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114 | 114 | | SECTION 2. Chapter 17-19 of the General Laws entitled "Conduct of Election and Voting 33 |
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115 | 115 | | Equipment, and Supplies" is hereby amended by adding thereto the following section: 34 |
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117 | 117 | | |
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118 | 118 | | LC000628 - Page 4 of 5 |
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119 | 119 | | 17-19-24.4. Early voting. 1 |
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120 | 120 | | (a) An early voting ballot application may be completed in person using an electronic poll 2 |
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121 | 121 | | pad provided by the board of canvassers, upon presentation by the voter of valid proof of identity, 3 |
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122 | 122 | | pursuant to § 17-19-24.2. Upon the completion of the poll pad application, the voter shall be 4 |
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123 | 123 | | provided with a ballot issued by the secretary of state and upon completion of the ballot by the 5 |
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124 | 124 | | voter, the voter shall place the ballot into the state-approved electronic voting device provided by 6 |
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125 | 125 | | the board of elections and secured in accordance with the policy adopted by the board of elections. 7 |
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126 | 126 | | (b) Early voting shall be limited to a total of ten (10) nonconsecutive days preceding 8 |
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127 | 127 | | election day and shall include the weekend days immediately preceding the election and eight (8) 9 |
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128 | 128 | | weekdays. 10 |
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129 | 129 | | (c) As practicable, all the voter and election protections and procedures, provided by 11 |
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130 | 130 | | chapter 19 of title 17 on election day, shall govern the prior ten (10) days of early voting. 12 |
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131 | 131 | | SECTION 3. This act shall take effect upon passage. 13 |
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133 | 133 | | LC000628 |
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136 | 136 | | |
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137 | 137 | | LC000628 - Page 5 of 5 |
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138 | 138 | | EXPLANATION |
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139 | 139 | | BY THE LEGISLATIVE COUNCIL |
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140 | 140 | | OF |
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141 | 141 | | A N A C T |
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142 | 142 | | RELATING TO ELECTIONS -- MAIL BALLOTS |
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143 | 143 | | *** |
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144 | 144 | | This act would authorize early voting for the ten (10) calendar days except the second 1 |
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145 | 145 | | weekend prior immediately preceding election day, while requiring, as is practicable, that all the 2 |
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146 | 146 | | election day protections and procedures be afforded to early voters. 3 |
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147 | 147 | | This act would take effect upon passage. 4 |
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149 | 149 | | LC000628 |
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