Rhode Island 2025 Regular Session

Rhode Island House Bill H5232 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO ELECTIONS -- MAIL BALLOTS
1616 Introduced By: Representatives J. Brien, Corvese, Chippendale, Noret, Serpa, Azzinaro,
1717 Hopkins, Paplauskas, and Baginski
1818 Date Introduced: January 29, 2025
1919 Referred To: House State Government & Elections
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 17-20-2.2 and 17-20-3 of the General Laws in Chapter 17-20 entitled 1
2424 "Mail Ballots" are hereby amended to read as follows: 2
2525 17-20-2.2. Requirements for validity of emergency mail ballots. 3
2626 (a) Any legally qualified elector of this state whose name appears upon the official voting 4
2727 list of the town or district of the city or town where the elector is so qualified is eligible to vote by 5
2828 emergency mail ballot according to this chapter. Within twenty (20) days or less prior to any 6
2929 election, the elector may obtain from the local board an application for an emergency mail ballot 7
3030 or may complete an emergency in-person mail ballot application on an electronic poll pad at the 8
3131 board of canvassers where the elector maintains his or her residence. 9
3232 (b) The emergency mail ballot application, when duly executed, shall be delivered in 10
3333 person or by mail so that it shall be received by the local board, or received electronically through 11
3434 the portal established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the last day 12
3535 preceding the date of the election. 13
3636 (c) The elector shall execute the emergency mail ballot application in accordance with the 14
3737 requirements of this chapter. 15
3838 (d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail 16
3939 ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, in 17
4040 order to be valid, must have been cast in conformance with the following procedures: 18
4141 (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the 19
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4545 state of Rhode Island address provided on the application by the office of the secretary of state, or 1
4646 delivered by the local board to a person presenting written authorization from the elector to receive 2
4747 the ballots, or cast in private at the local board of canvassers. In order to be valid, the voter must 3
4848 affix his or her signature on the certifying envelope containing a voted ballot. In order to be valid, 4
4949 all ballots sent to the elector at the board of canvassers must be voted in conformance with the 5
5050 provisions of § 17-20-14.2. 6
5151 (2) All applications for emergency mail ballots pursuant to § 17-20-2(2) must state under 7
5252 oath the name and location of the hospital, convalescent home, nursing home, or similar institution 8
5353 where the elector is confined. All mail ballots issued pursuant to this subdivision shall be delivered 9
5454 to the elector by the bipartisan pair of supervisors, appointed in conformance with this chapter, and 10
5555 shall be voted in conformance with the provisions of § 17-20-14. 11
5656 (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed by the office of the 12
5757 secretary of state to the elector at an address provided by the elector on the application, or cast at 13
5858 the board of canvassers in the city or town where the elector maintains his or her voting residence. 14
5959 Any voter qualified to receive a mail ballot pursuant to § 17-20-2(3) shall also be entitled to cast a 15
6060 ballot pursuant to the provisions of United States Public Law 99-410, the Uniformed and Overseas 16
6161 Citizens Absentee Voting Act (UOCAVA). 17
6262 (4) All mail ballots issued pursuant to § 17-20-2(4) shall be cast at the board of canvassers 18
6363 in the city or town where the elector maintains his or her voting residence or mailed by the office 19
6464 of the secretary of state to the elector at the address within the United States provided by the elector 20
6565 on the application, or delivered to the voter by a person presenting written authorization by the 21
6666 voter to pick up the ballot. In order to be valid, the voter must affix his or her signature on all 22
6767 certifying envelopes containing a voted ballot. In order to be valid, all ballots sent to the elector at 23
6868 the board of canvassers must be voted in conformance with the provisions of § 17-20-14.2. 24
6969 (e) The secretary of state shall provide each of the several boards of canvassers with a 25
7070 sufficient number of mail ballots for their voting districts so that the local boards may provide the 26
7171 appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to 27
7272 process each emergency ballot application in accordance with this chapter, and it shall be the duty 28
7373 of each board to return to the secretary of state any ballots not issued immediately after each 29
7474 election. 30
7575 (f) Any person knowingly and willfully making a false application or certification, or 31
7676 knowingly and willfully aiding and abetting in the making of a false application or certification, 32
7777 shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. 33
7878 (g) An emergency mail ballot application may be completed in person using an electronic 34
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8282 poll pad provided by the board of canvassers upon presentation by the voter of valid proof of 1
8383 identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be 2
8484 provided with a ballot issued by the secretary of state and upon completion of the ballot by the 3
8585 voter, the voter shall place the ballot into the state-approved electronic voting device, provided by 4
8686 the board of elections and secured in accordance with a policy adopted by the board of elections. 5
8787 17-20-3. Definitions. 6
8888 (a) Wherever used in this chapter, every word importing only the masculine gender is 7
8989 construed to extend to, and include, females as well as males. 8
9090 (b) Whenever used in this chapter, “bipartisan pairs of supervisors” for primaries means a 9
9191 supervisor representing the endorsed candidates and a supervisor representing a majority of 10
9292 unendorsed candidates, and for nonpartisan elections and primaries means nonpartisan pairs of 11
9393 supervisors. 12
9494 (c) Wherever used in this chapter, “employed outside of the United States” includes any 13
9595 person who is: 14
9696 (1) Employed by any agency, department, or division of the United States government and 15
9797 who, by reason of that employment, resides outside of the continental United States; 16
9898 (2) Employed outside the territorial limits of the United States; or 17
9999 (3) A spouse or dependent residing with persons so employed. 18
100100 (d) Wherever used in this chapter, “services intimately connected with military operations” 19
101101 includes members of religious groups or welfare agencies assisting members of the armed forces 20
102102 who are officially attached to and serving with the armed forces and their spouses and dependents, 21
103103 and the spouses and dependents of members of the armed forces and of the merchant marine; 22
104104 provided, that the spouses and dependents are residing outside of the state with the members of the 23
105105 armed forces, merchant marine, or members of the religious or welfare agencies. 24
106106 (e) Whenever a signature is required by a voter in this chapter, “signature” also means the 25
107107 voter’s mark if the person is unable to sign their name because of blindness, disability, or inability 26
108108 to read or write, or by affixing the voter’s signature by a person providing assistance to the voter in 27
109109 accordance with the requirements of this chapter. 28
110110 (f) Whenever used in this chapter, “bipartisan” means not of the same recognized political 29
111111 party. 30
112112 (g) Whenever used in this chapter, “emergency” voting pursuant to § 17-20-2.2(g) shall be 31
113113 construed to mean “early” voting. 32
114114 SECTION 2. Chapter 17-19 of the General Laws entitled "Conduct of Election and Voting 33
115115 Equipment, and Supplies" is hereby amended by adding thereto the following section: 34
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119119 17-19-24.4. Early voting. 1
120120 (a) An early voting ballot application may be completed in person using an electronic poll 2
121121 pad provided by the board of canvassers, upon presentation by the voter of valid proof of identity, 3
122122 pursuant to § 17-19-24.2. Upon the completion of the poll pad application, the voter shall be 4
123123 provided with a ballot issued by the secretary of state and upon completion of the ballot by the 5
124124 voter, the voter shall place the ballot into the state-approved electronic voting device provided by 6
125125 the board of elections and secured in accordance with the policy adopted by the board of elections. 7
126126 (b) Early voting shall be limited to a total of ten (10) nonconsecutive days preceding 8
127127 election day and shall include the weekend days immediately preceding the election and eight (8) 9
128128 weekdays. 10
129129 (c) As practicable, all the voter and election protections and procedures, provided by 11
130130 chapter 19 of title 17 on election day, shall govern the prior ten (10) days of early voting. 12
131131 SECTION 3. This act shall take effect upon passage. 13
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138138 EXPLANATION
139139 BY THE LEGISLATIVE COUNCIL
140140 OF
141141 A N A C T
142142 RELATING TO ELECTIONS -- MAIL BALLOTS
143143 ***
144144 This act would authorize early voting for the ten (10) calendar days except the second 1
145145 weekend prior immediately preceding election day, while requiring, as is practicable, that all the 2
146146 election day protections and procedures be afforded to early voters. 3
147147 This act would take effect upon passage. 4
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