2018 -- S 2419 | |
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LC004341 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
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A N A C T | |
RELATING TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT, | |
AND SUPPLIES | |
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Introduced By: Senators Lynch Prata, Calkin, and Goldin | |
Date Introduced: February 15, 2018 | |
Referred To: Senate Judiciary | |
(Secretary of State) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 17-19 of the General Laws entitled "Conduct of Election and |
2 | Voting Equipment, and Supplies" is hereby amended by adding thereto the following section: |
3 | 17-19-24.4. In-person early voting. |
4 | (a) In-person early voting shall be made available to any registered voter and eligible |
5 | elector of this state whose name appears upon the official voting list of the city or town where the |
6 | elector is so qualified to vote for all elections. |
7 | (b) The in-person early voting period shall begin on the twentieth day before a general or |
8 | primary election and extend through four o'clock (4:00) p.m. on the day before the general or |
9 | primary election. |
10 | (c) During the in-person early voting period as set forth in subsection (b) of this section, |
11 | in-person early voting shall take place at locations to be determined by each local board and |
12 | approved by the state board, with at least one location for each town or city. Prior to the |
13 | beginning of the in-person early voting period, a notice shall be published by the secretary of |
14 | state in a newspaper or newspapers having aggregate general circulation throughout the state at |
15 | least three (3) days prior to the beginning of the in-person early voting period. Adequate notice of |
16 | at least seven (7) days shall be posted at each local board's office and the city or town's website, if |
17 | any, informing the public of the locations where in-person early voting is being conducted. Notice |
18 | of the in-person early voting period for each city or town shall also be posted on the website of |
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1 | the secretary of state, and the board of elections website. |
2 | Effective January 1, 2019, in-person early voting shall take place during normal business |
3 | hours in each city or town on Monday, Tuesday, Wednesday, Thursday and Friday during the |
4 | twenty (20) day in-person early voting period. In-person early voting shall take place on the |
5 | Saturday preceding a primary or general election day during the hours of twelve o'clock (12:00) |
6 | p.m. to four o'clock (4:00) p.m. and on the Sunday preceding a primary or general election day |
7 | during the hours of twelve o'clock (12:00) p.m. to four o'clock (4:00) p.m. during the twenty (20) |
8 | day in-person early voting period. |
9 | Nothing contained herein shall be construed to prohibit a municipality from including |
10 | additional days and times where early voting is available during the in-person early voting period. |
11 | A municipality may establish an in-person early voting period for any special election. |
12 | (d) Prior to the in-person early voting period, the state board shall provide the local |
13 | boards with the ballots, ballot on-demand printers, ballot applications, tabulation equipment, |
14 | ballot storage boxes, voting booths, electronic poll books, instructions as to voting, and other |
15 | supplies necessary to effectuate the provisions of this section. During the in-person early voting |
16 | period, the state board shall provide technical support as needed at in-person early voting sites. |
17 | (e) The secretary shall make available no later than the next business day, the updated list |
18 | of those persons that have cast their ballot during the in-person early voting period. |
19 | (f) At the conclusion of the early voting period the local board shall note on the |
20 | appropriate electronic or paper-based voter roll that the voter has cast an early vote so as to |
21 | prevent the voter from casting an additional vote at the polls on election day. |
22 | (g) The procedure for voting during the in-person early voting period shall be established |
23 | through rules promulgated by the state board. |
24 | (h) The secretary of state and state board shall convene an in-person early voting advisory |
25 | committee to assist in the drafting of rules for the in-person early voting period. The advisory |
26 | committee shall be comprised of the following: |
27 | (1) Secretary of state, or designee; |
28 | (2) Three (3) representatives of the board of elections; |
29 | (3) Three (3) representatives of the Rhode Island town and city clerks' association |
30 | elections committee appointed by the president of the Rhode Island town and city clerks' |
31 | association. |
32 | (i)(1) The advisory committee shall advise the state board on issues including, but not |
33 | limited to: |
34 | (i) Staffing of in-person early voting locations; |
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1 | (ii) Suitable in-person early voting locations; |
2 | (iii) Accessibility criteria to be considered for in-person early voting locations. |
3 | (2) The in-person early voting advisory committee shall sunset on December 31, 2019. |
4 | SECTION 2. Section 17-20-2.2 of the General Laws in Chapter 17-20 entitled "Mail |
5 | Ballots" is hereby amended to read as follows: |
6 | 17-20-2.2. Requirements for validity of emergency mail ballots Requirements for |
7 | validity of emergency mail ballots and emergency mail ballot applications. |
8 | (a) Any legally qualified elector of this state whose name appears upon the official voting |
9 | list of the town or district of the city or town where the elector is so qualified, who on account of |
10 | circumstances manifested twenty (20) days or less prior to any election becomes eligible to vote |
11 | by mail ballot according to this chapter, may obtain from the local board an application for an |
12 | emergency mail ballot. |
13 | (b) The emergency mail ballot application, when duly executed, shall be delivered in |
14 | person or by mail so that it shall be received by the local board not later than four o'clock (4:00) |
15 | p.m. on the last day preceding the date of the election. |
16 | (c) The elector shall execute the emergency mail ballot application in accordance with the |
17 | requirements of this chapter, which application shall contain a certificate setting forth the facts |
18 | relating to the circumstances necessitating the application. |
19 | (d) In addition to those requirements set forth elsewhere in this chapter, an emergency |
20 | mail ballot, in order to be valid, must have been cast in conformance with the following |
21 | procedures: |
22 | (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the |
23 | elector at the State of Rhode Island address provided on the application by the office of the |
24 | secretary of state, or delivered by the local board to a person presenting written authorization |
25 | from the elector to receive the ballots, or cast in private at the local board of canvassers. In order |
26 | to be valid, the signature of the voter on the certifying envelope containing a voted ballot must be |
27 | made before a notary public, or other person authorized by law to administer oaths where signed, |
28 | or where the elector voted, or before two (2) witnesses who shall set forth their addresses on the |
29 | form. In order to be valid, all ballots sent to the elector at the board of canvassers must be voted |
30 | in conformance with the provisions of § 17-20-14.2. |
31 | (2) All applications for emergency mail ballots pursuant to subdivision 17-20-2(2) must |
32 | state under oath the name and location of the hospital, convalescent home, nursing home, or |
33 | similar institution where the elector is confined. All mail ballots issued pursuant to this |
34 | subdivision shall be delivered to the elector by the bi-partisan pair of supervisors, appointed in |
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1 | conformance with this chapter, and shall be voted and witnessed in conformance with the |
2 | provisions of § 17-20-14. |
3 | (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed by the |
4 | office of the secretary of state to the elector at an address provided by the elector on the |
5 | application, or cast at the board of canvassers in the city or town where the elector maintains his |
6 | or her voting residence. The signature of the elector on the certifying envelope containing the |
7 | voted ballots issued pursuant to the subdivision does not need to be notarized or witnessed. Any |
8 | voter qualified to receive a mail ballot pursuant to subdivision 17-20-2(3) shall also be entitled to |
9 | cast a ballot pursuant to the provisions of United States Public Law 99-410 ("UOCAVA Act"). |
10 | (4) All mail ballots issued pursuant to subdivision 17-20-2(4) shall be cast at the board of |
11 | canvassers in the city or town where the elector maintains his or her voting residence or mailed |
12 | by the office of the secretary of state to the elector at the address within the United States |
13 | provided by the elector on the application, or delivered to the voter by a person presenting written |
14 | authorization by the voter to pick up the ballot. In order to be valid, the signature of the voter on |
15 | all certifying envelopes containing a voted ballot must be made before a notary public, or other |
16 | person authorized by law to administer oaths where signed, or where the elector voted, or before |
17 | two (2) witnesses who shall set forth their addresses on the form. In order to be valid, all ballots |
18 | sent to the elector at the board of canvassers must be voted in conformance with the provisions of |
19 | § 17-20-14.2. |
20 | (e) The secretary of state shall provide each of the several boards of canvassers with a |
21 | sufficient number of mail ballots for their voting districts so that the local boards may provide the |
22 | appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to |
23 | process each emergency ballot application in accordance with this chapter, and it shall be the duty |
24 | of each board to return to the secretary of state any ballots not issued immediately after each |
25 | election. |
26 | (f) Any person knowingly and willfully making a false application or certification, or |
27 | knowingly and willfully aiding and abetting in the making of a false application or certification, |
28 | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. |
29 | SECTION 3. This act shall take effect upon passage. |
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LC004341 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT, | |
AND SUPPLIES | |
*** | |
1 | This act would create a process for in-person early voting to be conducted at locations |
2 | determined by local boards and approved by the state board and would amend provisions related |
3 | to mail ballots. |
4 | This act would take effect upon passage. |
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LC004341 | |
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