2013 -- S 0444

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LC01756

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ELECTIONS - MAIL BALLOTS

     Introduced By: Senators McCaffrey, Lynch, and Lombardo

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-20-24 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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     17-20-24. Irregularities not impairing validity of ballots. -- (a) No ballot transmitted

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under the provisions of this chapter shall be rejected for any immaterial addition, omission, or

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irregularity in the preparation or execution of the computer ballot, nor for failure of the voter to

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affix sufficient postage. No ballot shall be invalid by reason of mistake or omission in writing in

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the name of any candidate where the candidate intended by the voter is plainly identifiable.

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Where, because of any defect in marking, a ballot is held invalid as to any particular candidate for

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office, it shall remain valid as to the candidates for other offices. No ballot shall be invalid by

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reason of the voter writing upon the inner envelope the name of a community within a town in

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place of the name of the town. No defect in the marking of the appropriate space associated with

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casting a vote shall invalidate any ballot or a vote for any candidate, where the intention of the

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voter is clearly indicated.

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      (b) No ballot shall be rejected if the intention of the voter is clear unless it contains clear

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evidence of the identity of the voter.

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     SECTION 2. This act shall take effect upon passage.

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LC01756

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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 eliminate a voter intention judgment when determining whether a defect

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in the marking of the appropriate space associated with casting a vote invalidates any ballot or a

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vote for any candidate.

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     This act would take effect upon passage.

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LC01756

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