2018 -- S 2802

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LC004872

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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

     

     Introduced By: Senators Morgan, Gee, and Paolino

     Date Introduced: April 05, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-20-2.1 of the General Laws in Chapter 17-20 entitled "Mail

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Ballots" is hereby amended to read as follows:

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

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     (a) Any legally qualified elector of this state whose name appears upon the official voting

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

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

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

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

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ballot.

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

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

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

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

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

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

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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

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

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

 

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

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

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

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

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

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

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the provisions of § 17-20-14.

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

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

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

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

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

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

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("UOCAVA Act").

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

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

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

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

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

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

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

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

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

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

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

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     (f) Except as set forth in subsection (g) of this section, no person shall offer to mail or

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mail another person's mail ballot. This prohibition does not apply to the spouse, court-appointed

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guardian, cohabitant, or any adult person related by blood or marriage to the person voting by a

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mail ballot. Any person who violates the provisions of this section, shall be guilty of a

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misdemeanor and shall be subject to the penalties set forth in § 17-26-2.

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

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

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

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

 

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circumstances to a mail ballot voter.

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     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 require that a person mailing a mail ballot be either the spouse, guardian

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or relative by blood or marriage of the person voting by mail ballot.

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     This act would take effect upon passage.

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