2019 -- H 5885

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LC002207

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO ELECTIONS - MAIL BALLOTS

     

     Introduced By: Representatives Slater, and Ruggiero

     Date Introduced: March 21, 2019

     Referred To: House Judiciary

     (Secretary of State)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-20-2.2 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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     17-20-2.2. Requirements for validity of emergency mail ballots. Requirements for

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validity of emergency mail ballots and emergency 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 town or district of the city or town where the elector is so qualified, who on account of

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circumstances manifested twenty (20) days or less prior to any election becomes eligible to vote

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by mail ballot according to this chapter, may obtain from the local board an application for an

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emergency mail ballot.

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     (b) The emergency mail ballot application, when duly executed, shall be delivered in

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person or by mail so that it shall be received by the local board not later than four o'clock (4:00)

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p.m. on the last day preceding the date of the election.

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     (c) The elector shall execute the emergency mail ballot application in accordance with the

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requirements of this chapter, which application shall contain a certificate setting forth the facts

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relating to the circumstances necessitating the application.

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     (d) In addition to those requirements set forth elsewhere in this chapter, an emergency

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mail ballot, in order to be valid, must have been cast in conformance with the following

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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 State of Rhode Island address provided on the application by the office of the

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secretary of state, or delivered by the local board to a person presenting written authorization

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from the elector to receive the ballots, or cast in private at the local board of canvassers. In order

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to be valid, the signature of the voter on the certifying envelope containing a voted ballot must be

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

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

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

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

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     (2) All applications for emergency mail ballots pursuant to subdivision 17-20-2(2) must

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state under oath the name and location of the hospital, convalescent home, nursing home, or

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similar institution where the elector is confined. All mail ballots issued pursuant to this

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subdivision shall be delivered to the elector by the bi-partisan pair of supervisors, appointed in

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conformance with this chapter, and shall be voted and witnessed in conformance with the

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provisions of § 17-20-14.

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

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office of the secretary of state to the elector at an address provided by the elector on the

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application, or cast at the board of canvassers in the city or town where the elector maintains his

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or her voting residence. The signature of the elector on the certifying envelope containing the

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voted ballots issued pursuant to the subdivision does not need to be notarized or witnessed. Any

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voter qualified to receive a mail ballot pursuant to subdivision 17-20-2(3) shall also be entitled to

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cast a ballot pursuant to the provisions of United States Public Law 99-410 ("UOCAVA Act").

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     (4) All mail ballots issued pursuant to subdivision 17-20-2(4) shall be cast at the board of

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canvassers in the city or town where the elector maintains his or her voting residence or mailed

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by the office of the secretary of state to the elector at the address within the United States

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provided by the elector on the application, or delivered to the voter by a person presenting written

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authorization by the voter to pick up the ballot. In order to be valid, the signature of the voter on

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all certifying envelopes containing a voted ballot must be made before a notary public, or other

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person authorized by law to administer oaths where signed, or where the elector voted, or before

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two (2) witnesses who shall set forth their addresses on the form. In order to be valid, all ballots

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sent to the elector at the board of canvassers must be voted in conformance with the provisions of

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§ 17-20-14.2.

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     (e) The secretary of state shall provide each of the several boards of canvassers with a

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sufficient number of mail ballots for their voting districts so that the local boards may provide the

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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

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of each board to return to the secretary of state any ballots not issued immediately after each

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election.

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     (f) 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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     SECTION 2. Chapter 17-19 of the General Laws entitled "Conduct of Election and

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Voting Equipment, and Supplies" is hereby amended by adding thereto the following section:

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     17-19-24.4. In-person early voting.

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     (a) In-person early voting shall be made available to any registered voter and eligible

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elector of this state whose name appears upon the official voting list of the city or town where the

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elector is so qualified to vote for all elections.

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

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general election and extend through four o'clock (4:00) p.m. on the day before the general or

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primary election.

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

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

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approved by the state board, with at least one location for each town or city. Prior to the

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

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

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least three (3) days prior to the beginning of the in-person early voting period. Adequate notice of

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at least seven (7) days shall be posted at each local board’s office and on the city's or town’s

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website, if any, informing the public of the locations where in-person early voting is being

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conducted. Notice of the in-person early voting period for each city or town shall also be posted

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on the secretary of state's website and the board of elections website.

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     Effective January 1, 2020, in-person early voting shall take place during normal business

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hours in each city or town on Monday, Tuesday, Wednesday, Thursday and Friday during the

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twenty (20) day in-person early voting period. In-person early voting shall take place on the

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Saturday preceding a primary or general election day during the hours of twelve o'clock (12:00)

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p.m. to four o'clock (4:00) p.m. and on the Sunday preceding a primary or general election day

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during the hours of twelve o'clock (12:00) p.m. to four o'clock (4:00) p.m. during the twenty (20)

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day in-person early voting period.

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

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

 

LC002207 - Page 3 of 5

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     (d) Prior to the in-person early voting period, the state board shall provide the local

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boards with the ballots, ballot on-demand printers, ballot applications, tabulation equipment,

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ballot storage boxes, voting booths, electronic poll books, instructions as to voting, and other

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supplies necessary to effectuate the provisions of this section. During the in-person early voting

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period, the state board shall provide technical support as needed at in-person early voting sites.

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     (e) The secretary shall make available no later than the next business day, the updated list

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of those persons that have cast their ballot during the in-person early voting period.

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

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appropriate electronic or paper-based voter roll that the voter has cast an early vote so as to

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prevent the voter from casting an additional vote at the polls on election day.

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     (g) The procedure for voting during the in-person early voting period shall be established

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through rules promulgated by the state board.

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     (h) The secretary of state and state board shall convene an in-person early voting advisory

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committee to assist in the drafting of rules for the in-person early voting period. The advisory

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committee is comprised of the following:

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     (1) Secretary of state, or designee;

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     (2) Three (3) representatives of the board of elections;

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     (3) Three (3) representatives of the Rhode Island town and city clerks association

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elections committee appointed by the president of the Rhode Island town and city clerks

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association.

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     (i) The advisory committee shall advise the state board on issues including, but not

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limited to:

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     (1) Staffing of in-person early voting locations;

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     (2) Suitable in-person early voting locations;

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     (3) Accessibility criteria to be considered for in-person early voting locations.

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     (j) The provisions of subsections (h) and (i) of this section creating an in-person early

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voting advisory committee shall sunset and be repealed effective December 31, 2020.

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     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 - MAIL BALLOTS

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     This act would amend the current election laws to facilitate mail ballot voting and early

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in-person voting. For the emergency mail ballots, the amendment would remove the requirement

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that the emergency application for a mail ballot be submitted within twenty (20) days of an

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election and it would remove the requirement that the applicant state the reasons for the

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application. The act would also provide that early in-person voting be available to any registered

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voter beginning twenty (20) days before the election, seven (7) days a week, at a least one

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location in every municipality.

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     This act would take effect upon passage.

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