2018 -- S 2704

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LC004833

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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 - MAIL BALLOTS - CONDUCT OF ELECTION AND VOTING

EQUIPMENT AND SUPPLIES

     Introduced By: Senators Morgan, Raptakis, Jabour, Cote, and Algiere

     Date Introduced: March 20, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-2.1 and 17-20-2.2 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 § 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, :

     (i) The 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;

and

     (ii) The elector shall provide proof of identity to the notary public or the two (2)

witnesses pursuant to the provisions of § 17-19-24.2; provided, however, that this requirement

shall not apply to a person who is hospitalized or is a patient in a hospice or skilled nursing

facility.

     (2) All applications for mail ballots pursuant to § 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 § 17-20-14. The elector shall provide proof of identity to the notary public or the

two (2) witnesses pursuant to the provisions of § 17-19-24.2; provided, however, that this

requirement shall not apply to a person who is hospitalized or is a patient in a hospice or skilled

nursing facility.

     (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

("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 § 17-20-14.2. The elector shall provide proof of

identity to the notary public or the two (2) witnesses pursuant to the provisions of § 17-19-24.2;

provided, however, that this requirement shall not apply to a person who is hospitalized or is a

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patient in a hospice or skilled nursing facility.

     (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 § 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 § 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.

     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:

     (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. The elector shall provide proof of identity to

the notary public or the two (2) witnesses pursuant to the provisions of § 17-19-24.2; provided,

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however, that this requirement shall not apply to a person who is hospitalized or is a patient in a

hospice or skilled nursing facility.

     (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. The elector shall provide proof of identity to the notary public or the

two (2) witnesses pursuant to the provisions of § 17-19-24.2; provided, however, that this

requirement shall not apply to a person who is hospitalized or is a patient in a hospice or skilled

nursing facility.

     (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. The elector shall provide proof of identity to the notary public or the two (2)

witnesses pursuant to the provisions of § 17-19-24.2; provided, however, that this requirement

shall not apply to a person who is hospitalized or is a patient in a hospice or skilled nursing

facility.

     (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. This act shall take effect on January 1, 2019.

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LC004833

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS - MAIL BALLOTS - CONDUCT OF ELECTION AND VOTING

EQUIPMENT AND SUPPLIES

***

     This act would require any person voting by mail ballot or emergency mail ballot to

provide proof of identity, excepting those in a hospital, hospice, or skilled nursing facility.

     This act would take effect on January 1, 2019.

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LC004833

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