2016 -- S 2358

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LC004247

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO ELECTIONS -- IN-PERSON EARLY VOTING

     Introduced By: Senators Lynch Prata, Miller, Crowley, and Nesselbush

     Date Introduced: February 10, 2016

     Referred To: Senate Judiciary

     (Secretary of State)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-20-2.2 of the General Laws in Chapter 17-20 entitled "Mail

Ballots" is hereby amended to read as follows:

     17-20-2.2. Requirements for validity of emergency mail ballots. -- Requirements for

validity of emergency mail ballots and emergency mail ballot applications. -- (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:

      (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 § 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 § 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

§ 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

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

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 § 17-26-1.

     SECTION 2. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by

adding thereto the following chapter:

CHAPTER 20.1

IN-PERSON EARLY VOTING

     17-20.1-1. Declaration of policy. – (a) Improving access and convenience for registered

voters in casting a ballot is critical to ensuring that the voice of democracy is heard. Presently, at

least thirty-three (33) states and the District of Columbia provide citizens with an opportunity to

vote before election day and in person.

     (b) While an election day is designated as the time when the majority of voters cast their

ballots, the majority of Rhode Island voters did not vote in this most recent historic election in our

state. To meet demands and challenges of modern life, additional opportunities to cast a ballot

should be provided to increase voter turnout in Rhode Island. Designating a period of time

leading up to election day when Rhode Islanders can vote in person expands the opportunities to

cast a ballot and participate in the electoral process.

     17-20.1-2. In-person early voting. -- (a) In-person early voting shall be made available

to any registered voter and eligible elector of this state whose name appears upon the official

voting list of the city or town where the elector is so qualified to vote for all elections.

     (b) The in-person early voting period shall begin on the twentieth day before a general,

primary or special election and extend through 4 p.m. on the day before the general, primary or

special election.

     (c) During the in-person early voting period as set forth in subsection (b) of this section,

in-person early voting shall take place at locations to be determined by each local board and

approved by the state board, with no fewer than one location for each town or city. Prior to the

beginning of the in-person early voting period, a notice shall be published by the secretary of

state in a newspaper or newspapers having aggregate general circulation throughout the state at

least ten (10) days prior to the beginning of the in-person early voting period. Adequate notice of

at least seven (7) days shall be posted at each local board's office informing the public of the

locations where in-person early voting is being conducted. Said notice shall be filed electronically

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with the secretary of state in accordance with §42-46-6(f). Such notice shall also be posted on the

city's or town's website, if any, the website of the secretary of state, the board of elections

website, and the websites of the local boards of canvassers, if any.

     Effective July 1, 2018, in-person early voting shall take place during normal business

hours in each city or town on Monday, Tuesday, Wednesday, Thursday and Friday. In-person

early voting shall take place on the Saturday preceding a primary, general or special election day

during the hours of 12 p.m. to 4 p.m. and on the Sunday preceding a primary, special or general

election day during the hours of 12 p.m. to 4 p.m.

     Effective January l, 2020, in-person early voting shall take place during normal business

hours in each city or town on Monday, Tuesday, Wednesday, Thursday and Friday. In-person

early voting shall take place on the Saturday preceding a primary or special election day during

the hours of 12 p.m. to 4 p.m. and on the Sunday preceding a primary or special election day

during the hours of 12 p.m. to 4 p.m. In-person early voting shall take place on the two (2)

Saturdays preceding a general election day during the hours of 12 p.m. to 4 p.m. and on the two

(2) Sundays preceding a general election day during the hours of 12 p.m. to 4 p.m.

     Nothing contained herein shall be construed to prohibit a municipality from including

additional days and times where early voting is available during the in-person early voting period.

The state board is empowered to grant, upon the application of the board of canvassers, an

exception permitting it to maintain an in-person early voting location in a nonconforming

building.

     (d) The local board shall provide a ballot and ballot envelope to an early voter to cast in

private at the local board of canvassers. Once the early voter has completed the ballot, the early

voter shall place the ballot in the ballot envelope and seal the envelope. The early voter shall

submit the envelope to the on-site official of the local board. The ballot envelope must have the

signature of the elector notarized by an appointed person authorized by law to administer oaths or

before two (2) appointed witnesses who shall set forth their signature on the form.

      (e) At the conclusion of the early voting period each day, the local board shall make

available the updated list of those persons that have cast their ballot.

     (f) At the conclusion of the early voting period the local board shall note on the

appropriate voting list that the voter has cast an early vote so as to prevent the voter from casting

an additional vote at the polls on election day.

     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 -- IN-PERSON EARLY VOTING

***

     This act would create a procedure for in-person early voting for all general, primary and

special elections, beginning twenty (20) days before the scheduled election.

     This act would take effect upon passage.

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