2014 -- S 2849

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LC005325

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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: Senators McCaffrey, Lombardi, and Goodwin

     Date Introduced: April 03, 2014

     Referred To: Senate Judiciary

     (Board of Elections)

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

as possible:

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

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

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

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

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

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

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

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

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

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

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

in the city or town of your current address.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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state board.

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

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

to read as follows:

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

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

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

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

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

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

ballot.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the provisions of section 17-20-14.

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

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

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

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

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

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

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("UOCAVA Act").

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

change in circumstances to a mail ballot voter.

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

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

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

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

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

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

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

ballot.

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

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

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

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

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

facts relating to the circumstances necessitating the application.

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

mail ballot, in 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

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

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

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

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

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

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

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

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

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

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

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

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

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

provisions of section 17-20-14.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

section 17-20-14.2.

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

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

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

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

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

election.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

application.

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

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

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

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

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

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

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

packages to the state board of elections.

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

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

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

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

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

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

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

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

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

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

shall not be construed as voting in the election.

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

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

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

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

mail ballots have been issued within his or her district.

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

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

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

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

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

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

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

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

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

provisions of this chapter.

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

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

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

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

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

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

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

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

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

     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

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

of state, be in substantially the following form:

     STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS EMERGENCY

APPLICATION OF VOTER FOR BALLOT FOR ELECTION ON________

(COMPLETE HIGHLIGHTED SECTIONS)

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

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

BOX A (PRINT OR TYPE)

NAME________________________________________________________________________

VOTING ADDRESS_____________________________________________________________

CITY/TOWN___________________________________________________________________

STATE RI ZIP CODE____________ DATE OF BIRTH_____________________

PHONE#______________

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

ADDRESS_____________________________________________________________________

ADDRESS_____________________________________________________________________

CITY/TOWN___________________________________________________________________

STATE________ ZIP CODE____________

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

(CHECK ONE ONLY)

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

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

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

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

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

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

     I hereby authorize ________________________________________ to pick up my ballot

at my local board of canvassers.

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

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

you are residing in BOX B above.

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

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

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

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

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

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

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

B above. I hereby authorize ________________________________________ to pick up my

ballot at my local board of canvassers.

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

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

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

BOX D OATH OF VOTER

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

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

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

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

or her mark "X".

SIGNATURE IN FULL___________________________________________________________

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

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

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

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

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

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

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

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

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

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

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

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

office.

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

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

respective names.

      (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

desires to give.

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

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

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

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

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

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

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

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

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

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

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

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

closing of polling places on the day of the election.

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

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

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

and 17-20-24.

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

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

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

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

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

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

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

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

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

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

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

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

     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

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

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

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

accordance with federal laws.

     This act would take effect upon passage.

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