2012 -- S 2335 AS AMENDED

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LC01044

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO ELECTIONS - MAIL BALLOTS

     Introduced By: Senators Pichardo, Tassoni, Felag, DiPalma, and P Fogarty

     Date Introduced: February 07, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-20-6.1 of the General Laws in Chapter 17-20 entitled "Mail

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Ballots" is hereby amended to read as follows:

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     17-20-6.1. Alternative methods of voting by citizens covered by the Uniformed and

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Overseas Citizens Absentee Voting Act (UOCAVA) and other citizens residing outside the

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United States. -- (a) It is the intent and purpose that the provisions set forth in this section are

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designed to facilitate the federal mandate of the Uniformed and Overseas Citizens Absentee

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Voting Act (UOCAVA), 42 U.S.C. section 1973ff et seq.

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      (b) The Federal Post Card Application (FPCA) may be used as a request for an absentee

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ballot by:

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      (1) A member of the armed forces who is absent from the state by reason of being in

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active service;

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      (2) Any person absent from the state in performance of "services intimately connected

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with military operations" as defined in section 17-20-3(d);

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      (3) Any person who is employed outside of the United States as defined in section 17-

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20-3(c); and

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      (4) Any person who does not qualify under subparagraph (1), (2), or (3) above, but who

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is a citizen of the United States and absent from the state and residing outside the United States as

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described in chapter 21.1 of title 17.

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      (c) The single FPCA card shall permit the person to request an absentee ballot for each

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primary and election through the next general elections for federal office or for the time period

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specified by federal law through the next two (2) regularly scheduled general elections for federal

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office in which the voter is eligible to vote.

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      (d) The FPCA card must be received by the local board of canvassers where the person

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last maintains his/her residence for voting purposes within the time frame for applying for

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absentee ballots as set forth in this title.

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      (e) If the FPCA, when used in accordance with this section, is sent by the voter through

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electronic transmission, it must be sent to the secretary of state and it must be received by the

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secretary of state by the deadline for applying for absentee ballots as set forth in this title. The

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secretary of state shall then forward the FPCA to the appropriate local authority who shall

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immediately certify and return the FPCA to the secretary of state with the notation that the

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corresponding ballots shall be sent by mail and electronic transmission. The secretary of state

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shall transmit ballots only to the facsimile number provided by the Federal Voter Assistance

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Program. The ballots sent by electronic transmission shall be returned to the state board by

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electronic transmission. These ballots will be counted at the state board in accordance with rules

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and regulations promulgated by the state board.

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      (f) The voter's signature on the FPCA does not need to be witnessed or notarized, when

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the FPCA is submitted as provided in this section.

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      (g) If a voter is casting a mail ballot received through the use of the FPCA card as

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provided in this section, the voter's signature does not need to be witnessed or notarized on the

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certifying envelope used for the return of the voted mail ballot.

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     SECTION 2. This act shall take effect upon passage.

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LC01044

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS - MAIL BALLOTS

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     This act would change the time period in which a person could request an absentee ballot

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to the time period specified by federal law, provided he or she is a member of the armed forces

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providing services connected with military operations or residing or employed outside the United

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States.

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     This act would take effect upon passage.

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LC01044

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