2014 -- H 8127

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LC005272

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO ELECTIONS

     

     Introduced By: Representatives Edwards, and Lima

     Date Introduced: May 01, 2014

     Referred To: House Judiciary

     (Board of Elections)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-9.1-26 of the General Laws in Chapter 17-9.1 entitled

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"Registration of Voters" is hereby amended to read as follows:

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     17-9.1-26. Confirmation process -- Verification of the address of registered voter. --

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(a) (1) Whenever: (i) an acknowledgement card, which was mailed to a voter whose application

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to register to vote has been accepted, is returned as undeliverable; (ii) through the periodic

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updating of voter registration records as provided in section 17-9.1-27, a change of address is

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detected for any voter; (iii) as the result of a challenge under section 17-9.1-28, the challenged

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voter fails to appear before the local board; or (iv) a mailing by the jury commissioner to a voter

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is returned as undeliverable; the local board shall begin the confirmation process described in

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subsection (b) of this section. (2) Whenever any other official mailing from either the state board

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or a local board or from the office of the secretary of state, which official mailing has been sent to

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at least a majority of the registered voters in a particular city or town, is returned as undeliverable

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to any one or more of the voters to whom it was mailed, the local board may commence the

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confirmation process described in subsection (b) of this section. (b) The confirmation notice shall

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be sent by first-class forwardable mail and shall be of any size or other specifications that shall be

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determined by the state board. The notice shall include a voter registration form that may be used

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by the voter to verify or correct the voter's residence address for voting purposes. (c) The

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confirmation notice shall be prepared in substantially the following form and shall contain

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substantially the following information, subject to any additional information as may be required

 

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by the state board; provided, that the wording of the form may be revised and updated from time

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to time by the state board in a manner to make its content as easily readable and understandable

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as possible:

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     The board of canvassers has received information that you may no longer reside at the

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address from which you are currently registered. If you have not permanently changed your

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residence address or if you have permanently changed your residence address but continue to live

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in the same city or town you should immediately return the voter registration form no later than

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fourteen (14) days after the date of this mailing even if this notice was mailed to your correct

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current address. If the voter registration form is not returned, affirmation or confirmation of your

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current address may be required at the polls on election day. If the registration form is not

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returned and you do not vote by __________ which is the date of the second general election

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following the date of this mailing, then your name may be removed from the voter registration

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list. If you have permanently changed residence address to another city or town in Rhode Island,

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please complete, and return the completed voter registration form to the local board of canvassers

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in the city or town of your current address.

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      (d) The confirmation notice shall be mailed to both the voter's current registered address

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and any new residence address, to the extent both addresses are available to the local board. (e) If

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a confirmation notice is mailed to a voter and returned as undeliverable, or if delivered and the

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voter has not responded within fourteen (14) days from the date of the mailing, the voter shall

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remain on or be placed on the inactive list and shall not be permitted to vote until the voter has

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signed an affirmation form at either the approved polling place or at the local board of canvassers

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as provided in this chapter. Any application for a mail ballot under § 17-20-2.1 or an emergency

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mail ballot under § 17-20-2.2 shall serve as a proper affirmation form under this section, if the

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address is the same as the voter's current address on record with the board of canvassers. If the

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voter fails to vote by the second general election following the date of the confirmation mailing,

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then the voter shall be removed from the voting list. Notwithstanding the foregoing provisions, if

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the confirmation mailing was based upon the change of address information provided by or

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through the United States Postal Service National Change of Address Program, and the voter has

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failed to respond to the confirmation mailing, the voter shall remain on the active list of voters

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and shall not be required to sign the affirmation form. In these cases, the voter's residence address

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for voting purposes will be changed by the local board to the new address as indicated by the

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National Change of Address Program. (f) Local boards shall be required to maintain for a period

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of at least two (2) years a record of all outgoing confirmation mailings, including the reasons for

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the mailing of the confirmations. Records shall be kept in a fashion that may be determined by the

 

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state board.

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     SECTION 2. Sections 17-20-2.1, 17-20-2.2, 17-20-10, 17-20-13.1, 17-20-19, 17-20-23

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and 17-20-27 of the General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended

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to read as follows:

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     17-20-2.1. Requirements for validity of mail ballot and mail ballot applications. -- (a)

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Any legally qualified elector of this state whose name appears upon the official voting list of the

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city, town, or district of the city or town where the elector is qualified, and who desires to avail

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himself or herself of the right granted to him or her by the Constitution and declared in this

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chapter, may obtain from the local board in the city or town an affidavit form prepared by the

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secretary of state as prescribed in this section, setting forth the elector's application for a mail

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ballot.

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      (b) Whenever any person is unable to sign his or her name because of physical

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incapacity or otherwise, that person shall make his or her mark "X".

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      (c) The application, when duly executed, shall be delivered in person or by mail so that it

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is received by the local board not later than four o'clock (4:00) p.m. on the twenty-first (21st) day

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before the day of any election referred to in section 17-20-1.

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      (d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in

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order to be valid, must have been cast in conformance with the following procedures:

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      (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the

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elector at the Rhode Island address provided by the elector on the application. In order to be

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valid, the signature on all certifying envelopes containing a voted ballot must be made before a

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notary public or before two (2) witnesses who shall set forth their addresses on the form.

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      (2) All applications for mail ballots pursuant to section 17-20-2(2) must state under oath

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the name and location of the hospital, convalescent home, nursing home, or similar institution

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where the elector is confined. All mail ballots issued pursuant to subdivision 17-20-2(2) shall be

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delivered to the elector at the hospital, convalescent home, nursing home, or similar institution

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where the elector is confined; and the ballots shall be voted and witnessed in conformance with

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the provisions of section 17-20-14.

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      (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed to the

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address provided by the elector on the application or sent to the board of canvassers in the city or

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town where the elector maintains his or her voting residence. In order to be valid, the signature of

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the elector on the certifying envelope containing voted ballots does not need to be notarized or

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witnessed. Any voter qualified to receive a mail ballot pursuant to subdivision 17-20-2(3) shall

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also be entitled to cast a ballot pursuant to the provisions of United States Public Law 99-410

 

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("UOCAVA Act").

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      (4) All mail ballots issued pursuant to subdivision 17-20-2(4) may be mailed to the

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elector at the address within the United States provided by the elector on the application or sent to

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the board of canvassers in the city or town where the elector maintains his or her voting

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residence. In order to be valid, the signature on all certifying envelopes containing a voted ballot

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must be made before a notary public, or other person authorized by law to administer oaths where

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signed, or where the elector voted, or before two (2) witnesses who shall set forth their addresses

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on the form. In order to be valid, all ballots sent to the elector at the board of canvassers must be

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voted in conformance with the provisions of section 17-20-14.2.

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      (e) Any person knowingly and willfully making a false application or certification, or

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knowingly and willfully aiding and abetting in the making of a false application or certification,

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shall be guilty of a felony and shall be subject to the penalties provided for in section 17-26-1.

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      (f) In no way shall a mail ballot application be disqualified if the voter's circumstances

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change between the time of making the application and voting his or her mail ballot as long as

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voter remains qualified to receive a mail ballot under the provisions of section 17-20-2. The local

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board of canvassers shall provide the state board of elections with written notification of any

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change in circumstances to a mail ballot voter.

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     (g) Any individual who files for a mail ballot under this section shall be determined to

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have met the affirmation requirement under § 17-9.1-26.

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     17-20-2.2. Requirements for validity of emergency mail ballots. -- (a) Any legally

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qualified elector of this state whose name appears upon the official voting list of the town or

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district of the city or town where the elector is so qualified, who on account of circumstances

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manifested twenty (20) days or less prior to any election becomes eligible to vote by mail ballot

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according to this chapter, may obtain from the local board an application for an emergency mail

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ballot.

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      (b) The emergency mail ballot application, when duly executed, shall be delivered in

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person or by mail so that it shall be received by the local board not later than four o'clock (4:00)

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p.m. on the last day preceding the date of the election.

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      (c) The elector shall execute the emergency mail ballot application in accordance with

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the requirements of this chapter, which application shall contain a certificate setting forth the

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facts relating to the circumstances necessitating the application.

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      (d) In addition to those requirements set forth elsewhere in this chapter, an emergency

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mail ballot, in order to be valid, must have been cast in conformance with the following

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procedures:

 

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      (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the

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elector at the State of Rhode Island address provided on the application by the office of the

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secretary of state, or delivered by the local board to a person presenting written authorization

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from the elector to receive the ballots, or cast in private at the local board of canvassers. In order

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to be valid, the signature of the voter on the certifying envelope containing a voted ballot must be

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made before a notary public, or other person authorized by law to administer oaths where signed,

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or where the elector voted, or before two (2) witnesses who shall set forth their addresses on the

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form. In order to be valid, all ballots sent to the elector at the board of canvassers must be voted

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in conformance with the provisions of section 17-20-14.2.

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      (2) All applications for emergency mail ballots pursuant to subdivision 17-20-2(2) must

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state under oath the name and location of the hospital, convalescent home, nursing home, or

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similar institution where the elector is confined. All mail ballots issued pursuant to this

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subdivision shall be delivered to the elector by the bi-partisan pair of supervisors, appointed in

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conformance with this chapter, and shall be voted and witnessed in conformance with the

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provisions of section 17-20-14.

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      (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed by the

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office of the secretary of state to the elector at an address provided by the elector on the

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application, or cast at the board of canvassers in the city or town where the elector maintains his

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or her voting residence. The signature of the elector on the certifying envelope containing the

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voted ballots issued pursuant to the subdivision does not need to be notarized or witnessed. Any

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voter qualified to receive a mail ballot pursuant to subdivision 17-20-2(3) shall also be entitled to

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cast a ballot pursuant to the provisions of United States Public Law 99-410 ("UOCAVA Act").

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      (4) All mail ballots issued pursuant to subdivision 17-20-2(4) shall be cast at the board of

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canvassers in the city or town where the elector maintains his or her voting residence or mailed

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by the office of the secretary of state to the elector at the address within the United States

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provided by the elector on the application, or delivered to the voter by a person presenting written

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authorization by the voter to pick up the ballot. In order to be valid, the signature of the voter on

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all certifying envelopes containing a voted ballot must be made before a notary public, or other

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person authorized by law to administer oaths where signed, or where the elector voted, or before

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two (2) witnesses who shall set forth their addresses on the form. In order to be valid, all ballots

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sent to the elector at the board of canvassers must be voted in conformance with the provisions of

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section 17-20-14.2.

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      (e) The secretary of state shall provide each of the several boards of canvassers with a

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sufficient number of mail ballots for their voting districts so that the local boards may provide the

 

LC005272 - Page 5 of 11

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appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to

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process each emergency ballot application in accordance with this chapter, and it shall be the duty

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of each board to return to the secretary of state any ballots not issued immediately after each

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election.

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      (f) Any person knowingly and willfully making a false application or certification, or

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knowingly and willfully aiding and abetting in the making of a false application or certification,

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shall be guilty of a felony and shall be subject to the penalties provided for in section 17-26-1.

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     (g) Any individual who files for a mail ballot under this section shall be determined to

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have met the affirmation requirement under § 17-9.1-26.

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     17-20-10. Certification of applications -- Issuance of ballots -- Marking of lists --

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Mailing address. -- (a) Upon receipt of the application, the local board shall immediately

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examine it and determine whether it complies with each of the requirements set forth by this

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chapter and compare the signature on the ballot application with the signature contained on the

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original registration card, except as may be otherwise provided by law, to satisfy itself that the

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applicant is a qualified voter. Upon determining that it does meet each requirement of this chapter

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and that the signature appears to be the same, the local board shall mark the application

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"accepted" and record in the space provided on the ballot application the senatorial,

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representative, and voting district in which the applicant should vote.

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      (b) The local board shall also record the city or town code and district information in the

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mailing label section of the mail ballot application. The local board shall also print or type the

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name of the elector and the complete mailing address in that section. If the local board does not

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accept the application, the local board shall return the application to the elector, together with a

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form prescribed by the secretary of state, specifying the reason or reasons for the return of the

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application.

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      (c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election

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referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs

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first, the local board shall certify the applications to the secretary of state through the CVRS

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system as this procedure is prescribed by the secretary of state. Upon the certification of a mail

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ballot application to the secretary of state, the local board shall enter on the voting list the fact

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that a mail ballot application for the voter has been certified and shall cause the delivery of the

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certified mail ballot applications together with the signed certified listing thereof in sealed

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packages to the state board of elections.

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      (d) (1) Upon the ballots becoming available, the secretary of state shall immediately,

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issue and mail, by first class mail, postage prepaid, a mail ballot to each eligible voter who has

 

LC005272 - Page 6 of 11

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been certified. With respect to voters who have applied for these mail ballots under the provisions

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of subdivision 17-20-2(1), the secretary of state shall include with the mail ballots a stamped

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return envelope addressed: "Board of Elections, 50 Branch Avenue, Providence, Rhode Island

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02904-2790" to the current address of the board of elections.

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      (2) The secretary of state shall include on the mail ballot envelope a numerical or

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alphabetical code designating the city or town where the voter resides. The secretary of state shall

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immediately thereafter indicate on the voter's record that the secretary of state has sent mail

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ballots provided, that this mark shall serve solely to indicate that a mail ballot has been issued and

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shall not be construed as voting in the election.

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      (e) Prior to each election, the secretary of state shall also furnish to the chairperson of the

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state committee of each political party a list of the names and residence addresses of all persons

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to whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for

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political office upon request a list of the names and residence addresses of all persons to whom

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mail ballots have been issued within his or her district.

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      (f) If a ballot is returned to the secretary of state by the postal service as undeliverable,

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the secretary of state shall consult with the appropriate local board to determine the accuracy of

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the mailing address, and the secretary of state shall be required to remail the ballot to the voter

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using the corrected address provided by the local board. If the local board is unable to provide a

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different address than that to which the ballot was originally mailed, the ballot shall be reissued

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by the secretary of state to the board of canvassers in the city or town where the voter resides

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utilizing the numerical or alphabetical code established in subsection (d) of this section. The

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board shall then attempt to notify the voter at his or her place of residence that the ballot has been

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returned as undeliverable. The ballot must be voted and witnessed in accordance with the

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provisions of this chapter.

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      (g) The acceptance of a mail ballot application by the board of canvassers and the

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issuance of a mail ballot by the secretary of state shall not create any presumption as to the

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accuracy of the information provided by the applicant or as to the applicant's compliance with the

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provisions of this chapter. Any inaccuracy in the provided information or irregularity in the

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application may be raised as a challenge to the ballot before the board of elections at the time of

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certification. If the challenge raised at that time is meritorious, the ballot shall be voided.

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      (h) Within two (2) business days of receipt by the local board, the board shall certify

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emergency mail ballot applications and shall cause the delivery of the emergency mail ballot

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applications, and certification sheet in sealed packages to the state board of elections.

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     17-20-13.1. Form of emergency mail ballot application. -- The emergency mail ballot

 

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application to be subscribed by the voters before receiving a mail ballot shall, in addition to any

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directions that may be printed, stamped, or written on the application by authority of the secretary

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of state, be in substantially the following form:

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     STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EMERGENCY

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APPLICATION OF VOTER FOR BALLOT FOR ELECTION ON________

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(COMPLETE HIGHLIGHTED SECTIONS)

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NOTE - THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF CANVASSERS

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OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M. ON________

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BOX A (PRINT OR TYPE)

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NAME________________________________________________________________________

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VOTING ADDRESS_____________________________________________________________

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CITY/TOWN___________________________________________________________________

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STATE RI ZIP CODE____________ DATE OF BIRTH_____________________

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PHONE#______________

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BOX B (PRINT OR TYPE) NAME OF INSTITUTION (IF APPLICABLE__________________

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ADDRESS_____________________________________________________________________

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ADDRESS_____________________________________________________________________

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CITY/TOWN___________________________________________________________________

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STATE________ ZIP CODE____________

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I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING BASIS:

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(CHECK ONE ONLY)

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     ( ) 1. I am incapacitated to such an extent that it would be an undue hardship to vote at

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the polls because of illness, mental or physical disability, blindness or a serious impairment of

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mobility. If not voting ballot at local board, ballot will be mailed to the address in BOX A above

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or to the Rhode Island address provided in BOX B above. If the ballot is to be delivered by the

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local board of canvassers to a person presenting written authorization to pick up the ballot,

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complete BOX A above and fill in the person's name below.

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     I hereby authorize ________________________________________ to pick up my ballot

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at my local board of canvassers.

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     ( ) 2. I am confined in a hospital, convalescent home, nursing home, rest home, or similar

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institution within the State of Rhode Island. Provide the name and address of the facility where

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you are residing in BOX B above.

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     ( ) 3. I am employed or in service intimately connected with military operations or

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because I am a spouse or dependent of such person, or I am a United States citizen who will be

 

LC005272 - Page 8 of 11

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outside the United States. If not voting ballot at local board, provide address in BOX B above.

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     ( ) 4. I may not be able to vote at the polling place in my city or town on the day of the

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election. If the ballot is not being mailed to your voter registration address (BOX A above) please

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provide the address within the United States where you are temporarily residing in BOX B above.

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If you request that your ballot be sent to your local board of canvassers please indicate so in BOX

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B above. I hereby authorize ________________________________________ to pick up my

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ballot at my local board of canvassers.

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     Under the pains and penalty of perjury, I certify that on account of the following

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circumstances manifested twenty (20) days or less prior to the election for which I make this

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application. I will be unable to vote at the polls.

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BOX D OATH OF VOTER

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     I declare that all of the information I have provided on this form is true and correct to the

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best of my knowledge. I further state that I am not a qualified voter of any other city or town or

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state and have not claimed and do not intend to claim the right to vote in any other city or town or

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state. If unable to sign name because of physical incapacity or otherwise, applicant shall make his

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or her mark "X".

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SIGNATURE IN FULL___________________________________________________________

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Please note: A Power of Attorney signature is not valid in Rhode Island.

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     17-20-19. Envelopes for return of ballots. -- Envelopes for the enclosure and return of

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mail ballots and their enclosing certified envelope shall have the printed or written address:

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"Board of Elections, 50 Branch Ave., Providence, Rhode Island 02904-2790" to the current

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address of the board of elections; and shall be forwarded by the secretary of state to each mail

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voter whose application for the mail ballot has been received and accepted.

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     17-20-23. Marking and certification of ballot. -- (a) A voter desiring to vote for all

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candidates of one political party for national and state, or city or town, offices, shall fill in the

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appropriate space next to the designation of that party upon the appropriate ballot. A voter casting

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a straight party vote may also individually vote for candidates and, in doing so, the straight party

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vote will not be counted for that office and the individual vote, or votes in the case where more

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than one candidate will be elected for an office, will override the straight party vote for that

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office.

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      (b) A voter may omit to mark as provided in subsection (a) of this section and may vote

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for the candidates of the voter's choice by making a mark in the space provided opposite their

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respective names.

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      (c) In case a voter desires to vote upon a question submitted to the vote of the electors of

 

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the state, the voter shall mark in the appropriate space associated with the answer that the voter

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desires to give.

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      (d) Voters receiving a mail ballot pursuant to subdivisions 17-20-2(1), (2), and (4) shall

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mark the ballot in the presence of two (2) witnesses or some officer authorized by the law of the

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place where marked to administer oaths. Voters receiving a mail ballot pursuant to subdivision

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17-20-2(3) do not need to have their ballot witnessed or notarized. Except as otherwise provided

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for by this chapter, the voter shall not allow the official or witnesses to see how he or she marks

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the ballot and the official or witnesses shall hold no communication with the voter, nor the voter

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with the official or witnesses, as to how the voter is to vote. Thereafter, the voter shall enclose

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and seal the ballot in the envelope provided for it. The voter shall then execute before the official

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or witnesses the certification on the envelope. The voter shall then enclose and seal the certified

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envelope with the ballot in the envelope addressed to the state board and cause the envelope to be

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delivered to the state board on or before election day cause the certified envelope containing the

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ballot to be delivered to the state board not later than the time prescribed by § 17-18-11 for the

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closing of polling places on the day of the election.

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      (e) These ballots shall be counted only if received within the time limited by this chapter.

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      (f) There shall be a space provided on the general election ballot to allow the voter to

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write in the names of persons not in nomination by any party as provided for in sections 17-19-31

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and 17-20-24.

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     17-20-27. Sealing of ballots and voting list. -- The state board shall, at the completion of

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the count of all votes cast at any election, securely store all ballots cast in the election, and after

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the certification of the results of the elections, the state board shall place all ballots received from

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mail voters together with the certified envelopes containing the ballots in a steel box or package

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and shall seal the ballots and envelopes in open meetings of the board by affixing at least four (4)

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adhesive labels, and the members of the board shall sign the labels by affixing their signatures in

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ink to each of the labels, and thereafter no steel box or package shall upon any pretense be

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reopened by any person, except upon order of the general assembly or a court of competent

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jurisdiction, but shall be held by the board until the first day of September in the second (2nd)

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year for a period of twenty-two (22) months after the ballots were cast, when they may then be

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destroyed. The certified copies of the voting lists of mail voters and the applications referred to in

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section 17-20-10 shall likewise be safely sealed and kept by the board for the same length of time.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS

***

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     This act would change the requirement for affirmation of inactive voters who apply for

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either a mail ballot or emergency mail ballot, and would allow the application to serve as the

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affirmation. This act would also require mail ballots to be sent to the current address of the board

4

of elections. It would also mandate that mail ballots must be saved for twenty-two (22) months in

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accordance with federal laws.

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     This act would take effect upon passage.

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