2019 -- S 0488

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LC001888

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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 - CONDUCT OF ELECTION AND VOTING

EQUIPMENT AND SUPPLIES

     

     Introduced By: Senators Morgan, and Raptakis

     Date Introduced: February 27, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 17-20-2.1 and 17-20-2.2 of the General Laws in Chapter 17-20

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entitled "Mail Ballots" are 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,:

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     (i) The the signature on all certifying envelopes containing a voted ballot must be made

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

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and

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

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

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

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facility.

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

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

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

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nursing facility.

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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. The elector shall provide proof of

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

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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.

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

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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. The elector shall provide proof of identity to

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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

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hospice or skilled nursing facility.

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

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

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

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nursing facility.

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

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

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

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facility.

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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. This act shall take effect on January 1, 2020.

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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

***

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

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

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     This act would take effect on January 1, 2020.

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LC001888

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