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| 5 | 5 | | 2025 -- H 5711 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001957 |
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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, Azzinaro, Noret, Santucci, and Roberts |
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| 17 | 17 | | Date Introduced: February 26, 2025 |
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| 18 | 18 | | Referred To: House State Government & Elections |
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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 17-20-2.2 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)(1) Any legally qualified elector of this state whose name appears upon the official 4 |
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| 26 | 26 | | voting list of the city, town, or district of the city or town where the elector is qualified, and who 5 |
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| 27 | 27 | | desires to avail himself or herself of the right granted to him or her by the Constitution and declared 6 |
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| 28 | 28 | | in this chapter, may obtain from the local board in the city or town a form prepared by the secretary 7 |
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| 29 | 29 | | of 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 | | (2) The application shall include proof of the voter's date of birth and a Rhode Island 10 |
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| 32 | 32 | | driver's license number or state identification number. 11 |
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| 33 | 33 | | (b) Whenever any person is unable to sign their name because of blindness, disability, or 12 |
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| 34 | 34 | | inability to read or write, the voter or their assistant shall mark a box to indicate the voter cannot 13 |
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| 35 | 35 | | sign due to blindness, disability, or inability to read or write and include the full name, residence 14 |
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| 36 | 36 | | address, signature, and optionally the telephone number and e-mail address, of the person who 15 |
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| 37 | 37 | | provided assistance to the voter on a form provided by the secretary of state. The representation 16 |
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| 38 | 38 | | relating to the voter’s inability to sign shall be made under the pains and penalties of perjury. 17 |
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| 39 | 39 | | (c) To receive a ballot in the mail, an elector must submit an application in person or by 18 |
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| 40 | 40 | | mail, so that it is received by the local board, or received electronically through the portal 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001957 - Page 2 of 5 |
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| 44 | 44 | | established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the twenty-first (21st) day 1 |
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| 45 | 45 | | before the day of any election referred to in § 17-20-1. In those cases where an application to receive 2 |
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| 46 | 46 | | a mail ballot is postmarked by the twenty-first (21st) day before the date of an election and received 3 |
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| 47 | 47 | | not later than eighteen (18) days before the date of an election, the application shall be considered 4 |
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| 48 | 48 | | received on or prior to the last day to apply for a mail ballot. 5 |
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| 49 | 49 | | (d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in 6 |
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| 50 | 50 | | order to be valid, must have been cast in conformance with the following procedures: 7 |
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| 51 | 51 | | (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the 8 |
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| 52 | 52 | | Rhode Island address provided by the elector on the application. In order to be valid, the voter must 9 |
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| 53 | 53 | | affix their signature on all certifying envelopes containing a voted ballot. 10 |
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| 54 | 54 | | (2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the 11 |
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| 55 | 55 | | name and location of the hospital, convalescent home, nursing home, or similar institution where 12 |
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| 56 | 56 | | the elector is confined. All mail ballots issued pursuant to § 17-20-2(2) shall be delivered to the 13 |
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| 57 | 57 | | elector at the hospital, convalescent home, nursing home, or similar institution where the elector is 14 |
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| 58 | 58 | | confined. 15 |
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| 59 | 59 | | (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed to the address provided 16 |
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| 60 | 60 | | by the elector on the application or sent to the board of canvassers in the city or town where the 17 |
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| 61 | 61 | | elector maintains their voting residence. In order to be valid, the voter must affix their signature on 18 |
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| 62 | 62 | | the certifying envelope containing voted ballots. Any voter qualified to receive a mail ballot 19 |
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| 63 | 63 | | pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of United 20 |
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| 64 | 64 | | States Public Law 99-410, the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). 21 |
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| 65 | 65 | | (4) All mail ballots issued pursuant to § 17-20-2(4) may be mailed to the elector at the 22 |
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| 66 | 66 | | address within the United States provided by the elector on the application or sent to the board of 23 |
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| 67 | 67 | | canvassers in the city or town where the elector maintains their voting residence. In order to be 24 |
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| 68 | 68 | | valid, the voter must affix their signature on all certifying envelopes containing a voted ballot. In 25 |
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| 69 | 69 | | order to be valid, all ballots sent to the elector at the board of canvassers, must be voted in 26 |
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| 70 | 70 | | conformance with the provisions of § 17-20-14.2. 27 |
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| 71 | 71 | | (e) Any person knowingly and willfully making a false application or certification, or 28 |
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| 72 | 72 | | knowingly and willfully aiding and abetting in the making of a false application or certification, 29 |
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| 73 | 73 | | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. 30 |
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| 74 | 74 | | (f) In no way shall a mail ballot application be disqualified if the voter’s circumstances 31 |
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| 75 | 75 | | change between the time of making the application and voting their mail ballot as long as the voter 32 |
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| 76 | 76 | | remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board of 33 |
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| 77 | 77 | | canvassers shall provide the state board of elections with written notification of any change in 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001957 - Page 3 of 5 |
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| 81 | 81 | | circumstances to a mail ballot voter. 1 |
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| 82 | 82 | | 17-20-2.2. Requirements for validity of emergency mail ballots. 2 |
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| 83 | 83 | | (a)(1) Any legally qualified elector of this state whose name appears upon the official 3 |
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| 84 | 84 | | voting list of the town or district of the city or town where the elector is so qualified is eligible to 4 |
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| 85 | 85 | | vote by emergency mail ballot according to this chapter. Within twenty (20) days or less prior to 5 |
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| 86 | 86 | | any election, the elector may obtain from the local board an application for an emergency mail 6 |
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| 87 | 87 | | ballot or may complete an emergency in-person mail ballot application on an electronic poll pad at 7 |
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| 88 | 88 | | the board of canvassers where the elector maintains his or her residence. 8 |
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| 89 | 89 | | (2) The application shall include proof of the voter's date of birth and a Rhode Island 9 |
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| 90 | 90 | | driver's license number or state identification number. 10 |
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| 91 | 91 | | (b) The emergency mail ballot application, when duly executed, shall be delivered in 11 |
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| 92 | 92 | | person or by mail so that it shall be received by the local board, or received electronically through 12 |
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| 93 | 93 | | the portal established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the last day 13 |
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| 94 | 94 | | preceding the date of the election. 14 |
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| 95 | 95 | | (c) The elector shall execute the emergency mail ballot application in accordance with the 15 |
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| 96 | 96 | | requirements of this chapter. 16 |
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| 97 | 97 | | (d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail 17 |
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| 98 | 98 | | ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, in 18 |
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| 99 | 99 | | order to be valid, must have been cast in conformance with the following procedures: 19 |
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| 100 | 100 | | (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the 20 |
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| 101 | 101 | | state of Rhode Island address provided on the application by the office of the secretary of state, or 21 |
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| 102 | 102 | | delivered by the local board to a person presenting written authorization from the elector to receive 22 |
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| 103 | 103 | | the ballots, or cast in private at the local board of canvassers. In order to be valid, the voter must 23 |
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| 104 | 104 | | affix his or her signature on the certifying envelope containing a voted ballot. In order to be valid, 24 |
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| 105 | 105 | | all ballots sent to the elector at the board of canvassers must be voted in conformance with the 25 |
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| 106 | 106 | | provisions of § 17-20-14.2. 26 |
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| 107 | 107 | | (2) All applications for emergency mail ballots pursuant to § 17-20-2(2) must state under 27 |
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| 108 | 108 | | oath the name and location of the hospital, convalescent home, nursing home, or similar institution 28 |
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| 109 | 109 | | where the elector is confined. All mail ballots issued pursuant to this subdivision shall be delivered 29 |
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| 110 | 110 | | to the elector by the bipartisan pair of supervisors, appointed in conformance with this chapter, and 30 |
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| 111 | 111 | | shall be voted in conformance with the provisions of § 17-20-14. 31 |
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| 112 | 112 | | (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed by the office of the 32 |
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| 113 | 113 | | secretary of state to the elector at an address provided by the elector on the application, or cast at 33 |
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| 114 | 114 | | the board of canvassers in the city or town where the elector maintains his or her voting residence. 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001957 - Page 4 of 5 |
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| 118 | 118 | | Any voter qualified to receive a mail ballot pursuant to § 17-20-2(3) shall also be entitled to cast a 1 |
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| 119 | 119 | | ballot pursuant to the provisions of United States Public Law 99-410, the Uniformed and Overseas 2 |
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| 120 | 120 | | Citizens Absentee Voting Act (UOCAVA). 3 |
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| 121 | 121 | | (4) All mail ballots issued pursuant to § 17-20-2(4) shall be cast at the board of canvassers 4 |
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| 122 | 122 | | in the city or town where the elector maintains his or her voting residence or mailed by the office 5 |
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| 123 | 123 | | of the secretary of state to the elector at the address within the United States provided by the elector 6 |
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| 124 | 124 | | on the application, or delivered to the voter by a person presenting written authorization by the 7 |
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| 125 | 125 | | voter to pick up the ballot. In order to be valid, the voter must affix his or her signature on all 8 |
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| 126 | 126 | | certifying envelopes containing a voted ballot. In order to be valid, all ballots sent to the elector at 9 |
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| 127 | 127 | | the board of canvassers must be voted in conformance with the provisions of § 17-20-14.2. 10 |
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| 128 | 128 | | (e) The secretary of state shall provide each of the several boards of canvassers with a 11 |
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| 129 | 129 | | sufficient number of mail ballots for their voting districts so that the local boards may provide the 12 |
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| 130 | 130 | | appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to 13 |
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| 131 | 131 | | process each emergency ballot application in accordance with this chapter, and it shall be the duty 14 |
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| 132 | 132 | | of each board to return to the secretary of state any ballots not issued immediately after each 15 |
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| 133 | 133 | | election. 16 |
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| 134 | 134 | | (f) Any person knowingly and willfully making a false application or certification, or 17 |
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| 135 | 135 | | knowingly and willfully aiding and abetting in the making of a false application or certification, 18 |
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| 136 | 136 | | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. 19 |
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| 137 | 137 | | (g) An emergency mail ballot application may be completed in person using an electronic 20 |
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| 138 | 138 | | poll pad provided by the board of canvassers upon presentation by the voter of valid proof of 21 |
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| 139 | 139 | | identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be 22 |
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| 140 | 140 | | provided with a ballot issued by the secretary of state and upon completion of the ballot by the 23 |
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| 141 | 141 | | voter, the voter shall place the ballot into the state-approved electronic voting device, provided by 24 |
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| 142 | 142 | | the board of elections and secured in accordance with a policy adopted by the board of elections. 25 |
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| 143 | 143 | | SECTION 2. This act shall take effect upon passage. 26 |
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| 144 | 144 | | ======== |
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| 145 | 145 | | LC001957 |
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| 146 | 146 | | ======== |
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| 147 | 147 | | |
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| 148 | 148 | | |
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| 149 | 149 | | LC001957 - Page 5 of 5 |
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| 150 | 150 | | EXPLANATION |
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| 151 | 151 | | BY THE LEGISLATIVE COUNCIL |
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| 152 | 152 | | OF |
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| 153 | 153 | | A N A C T |
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| 154 | 154 | | RELATING TO ELECTIONS -- MAIL BALLOTS |
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| 155 | 155 | | *** |
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| 156 | 156 | | This act would require verification of an applicant's date of birth and either a Rhode Island 1 |
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| 157 | 157 | | driver's license number or state identification number on all applications seeking mail ballots and 2 |
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| 158 | 158 | | emergency mail ballots. 3 |
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| 159 | 159 | | This act would take effect upon passage. 4 |
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| 160 | 160 | | ======== |
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| 161 | 161 | | LC001957 |
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| 162 | 162 | | ======== |
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