2015 -- H 5949

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LC002217

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO ELECTIONS - MAIL BALLOTS

     Introduced By: Representatives Solomon, Coughlin, Keable, Kazarian, and Blazejewski

     Date Introduced: March 19, 2015

     Referred To: House Judiciary

     (Board of Elections)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-10 and 17-20-19 of the General Laws in Chapter 17-20

entitled "Mail Ballots" are hereby amended to read as follows:

     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

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 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

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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.

     17-20-19. 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" 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.

     SECTION 2. 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 - MAIL BALLOTS

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     This act would eliminate the statutory reference to the 50 Branch Ave., Providence, RI

address on mail ballot envelopes provided by the secretary of state, and would instead require the

address of the board of elections be placed on return envelopes.

     This act would take effect upon passage.

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