2020 -- H 7763 | |
======== | |
LC004841 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO ELECTIONS -- MAIL BALLOTS -- EARLY VOTING | |
| |
Introduced By: Representatives Slater, Kislak, and Diaz | |
Date Introduced: February 26, 2020 | |
Referred To: House Judiciary | |
(Secretary of State) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 17-20-2.2 of the General Laws in Chapter 17-20 entitled "Mail |
2 | Ballots" is hereby amended to read as follows: |
3 | 17-20-2.2. Requirements for validity of emergency mail ballots Requirements for |
4 | validity of emergency mail ballots and emergency mail ballot applications. |
5 | (a) Any legally qualified elector of this state whose name appears upon the official voting |
6 | list of the town or district of the city or town where the elector is so qualified, who on account of |
7 | circumstances manifested twenty (20) days or less prior to any election becomes eligible to vote by |
8 | mail ballot according to this chapter, may obtain from the local board an application for an |
9 | emergency mail ballot. |
10 | (b) The emergency mail ballot application, when duly executed, shall be delivered in |
11 | person or by mail so that it shall be received by the local board not later than four o'clock (4:00) |
12 | p.m. on the last day preceding the date of the election. |
13 | (c) The elector shall execute the emergency mail ballot application in accordance with the |
14 | requirements of this chapter, which application shall contain a certificate setting forth the facts |
15 | relating to the circumstances necessitating the application. |
16 | (d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail |
17 | ballot, in order to be valid, must have been cast in conformance with the following procedures: |
18 | (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the elector |
19 | at the State of Rhode Island address provided on the application by the office of the secretary of |
| |
1 | state, or delivered by the local board to a person presenting written authorization from the elector |
2 | to receive the ballots, or cast in private at the local board of canvassers. In order to be valid, the |
3 | signature of the voter on the certifying envelope containing a voted ballot must be made before a |
4 | notary public, or other person authorized by law to administer oaths where signed, or where the |
5 | elector voted, or before two (2) witnesses who shall set forth their addresses on the form. In order |
6 | to be valid, all ballots sent to the elector at the board of canvassers must be voted in conformance |
7 | with the provisions of § 17-20-14.2. |
8 | (2) All applications for emergency mail ballots pursuant to subdivision 17-20-2(2) must |
9 | state under oath the name and location of the hospital, convalescent home, nursing home, or similar |
10 | institution where the elector is confined. All mail ballots issued pursuant to this subdivision shall |
11 | be delivered to the elector by the bi-partisan pair of supervisors, appointed in conformance with |
12 | this chapter, and shall be voted and witnessed in conformance with the provisions of § 17-20-14. |
13 | (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed by the office |
14 | of the secretary of state to the elector at an address provided by the elector on the application, or |
15 | cast at the board of canvassers in the city or town where the elector maintains his or her voting |
16 | residence. The signature of the elector on the certifying envelope containing the voted ballots issued |
17 | pursuant to the subdivision does not need to be notarized or witnessed. Any voter qualified to |
18 | receive a mail ballot pursuant to subdivision 17-20-2(3) shall also be entitled to cast a ballot |
19 | pursuant to the provisions of United States Public Law 99-410 ("UOCAVA Act"). |
20 | (4) All mail ballots issued pursuant to subdivision 17-20-2(4) shall be cast at the board of |
21 | canvassers in the city or town where the elector maintains his or her voting residence or mailed by |
22 | the office of the secretary of state to the elector at the address within the United States provided by |
23 | the elector on the application, or delivered to the voter by a person presenting written authorization |
24 | by the voter to pick up the ballot. In order to be valid, the signature of the voter on all certifying |
25 | envelopes containing a voted ballot must be made before a notary public, or other person authorized |
26 | by law to administer oaths where signed, or where the elector voted, or before two (2) witnesses |
27 | who shall set forth their addresses on the form. In order to be valid, all ballots sent to the elector at |
28 | the board of canvassers must be voted in conformance with the provisions of § 17-20-14.2. |
29 | (e) The secretary of state shall provide each of the several boards of canvassers with a |
30 | sufficient number of mail ballots for their voting districts so that the local boards may provide the |
31 | appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to |
32 | process each emergency ballot application in accordance with this chapter, and it shall be the duty |
33 | of each board to return to the secretary of state any ballots not issued immediately after each |
34 | election. |
| LC004841 - Page 2 of 5 |
1 | (f) Any person knowingly and willfully making a false application or certification, or |
2 | knowingly and willfully aiding and abetting in the making of a false application or certification, |
3 | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. |
4 | SECTION 2. Chapter 17-19 of the General Laws entitled "Conduct of Election and Voting |
5 | Equipment, and Supplies" is hereby amended by adding thereto the following section: |
6 | 17-19-24.4. In-person early voting. |
7 | (a) In-person early voting shall be made available to any registered voter and eligible |
8 | elector of this state whose name appears upon the official voting list of the city or town where the |
9 | elector is so qualified to vote for all elections. |
10 | (b) The in-person early voting period shall begin on the twentieth day before a general or |
11 | primary election and extend through four o'clock (4:00) p.m. on the day before the general or |
12 | primary election. |
13 | (c) During the in-person early voting period as set forth in subsection (b) of this section, |
14 | in-person early voting shall take place at locations to be determined by each local board and |
15 | approved by the state board, with at least one location for each town or city. Prior to the beginning |
16 | of the in-person early voting period, a notice shall be published by the secretary of state in a |
17 | newspaper or newspapers having aggregate general circulation throughout the state, at least three |
18 | (3) days prior to the beginning of the in-person early voting period. Adequate notice of at least |
19 | seven (7) days shall be posted at each local board’s office and on the city or town’s website, if any, |
20 | informing the public of the locations where in-person early voting is to be conducted. Notice of the |
21 | in-person early voting period for each city or town shall also be posted on the secretary of state's |
22 | website, and the board of elections' website. |
23 | (1) Effective October 1, 2020, in-person early voting shall take place during normal |
24 | business hours in each city or town on Monday, Tuesday, Wednesday, Thursday and Friday during |
25 | the twenty (20) day in-person early voting period. In-person early voting shall take place on the |
26 | Saturday preceding a primary or general election day during the hours of twelve o' clock (12:00) |
27 | p.m. to four o' clock (4:00) p.m. and on the Sunday preceding a primary or general election day |
28 | during the hours of twelve o'clock (12:00) p.m. to four o'clock (4:00) p.m. during the twenty (20) |
29 | day in-person early voting period. |
30 | (2) Nothing contained herein shall be construed to prohibit a municipality from including |
31 | additional days and times where early voting is available, during the in-person early voting period. |
32 | (d) Prior to the in-person early voting period, the state board shall provide the local boards |
33 | with the ballots, ballot on-demand printers, ballot applications, tabulation equipment, ballot storage |
34 | boxes, voting booths, electronic poll books, instructions as to voting, and other supplies necessary |
| LC004841 - Page 3 of 5 |
1 | to effectuate the provisions of this section. During the in-person early voting period, the state board |
2 | shall provide technical support, as needed, at in-person early voting sites. |
3 | (e) The secretary shall make available, no later than the next business day, the updated list |
4 | of those persons that have cast their ballot during the in-person early voting period. |
5 | (f) At the conclusion of the early voting period, the local board shall note on the appropriate |
6 | electronic or paper-based voter roll, that the voter has cast an early vote, so as to prevent the voter |
7 | from casting an additional vote at the polls on election day. |
8 | (g) The procedure for voting during the in-person early voting period shall be established |
9 | through rules promulgated by the state board. |
10 | (h) The secretary of state and state board shall convene an in-person early voting advisory |
11 | committee to assist in the drafting of rules for the in-person early voting period. The advisory |
12 | committee shall be comprised of the following: |
13 | (1) Secretary of state, or his or her designee; |
14 | (2) Three (3) representatives from the board of elections to be selected by the board; and |
15 | (3) Three (3) representatives from the Rhode Island town and city clerks' association |
16 | elections committee appointed by the president of the Rhode Island town and city clerks' |
17 | association. |
18 | (i) The advisory committee shall advise the state board on issues including, but not limited |
19 | to: |
20 | (1) Staffing of in-person early voting locations; |
21 | (2) Suitable in-person early voting locations; |
22 | (3) Accessibility criteria to be considered for the selection of in-person early voting |
23 | locations. |
24 | (j) The in-person early voting advisory committee shall sunset on December 31, 2020. |
25 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC004841 | |
======== | |
| LC004841 - Page 4 of 5 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO ELECTIONS -- MAIL BALLOTS -- EARLY VOTING | |
*** | |
1 | This act would eliminate the voting of mail ballots at the board of canvassers. It would also |
2 | authorize early voting for registered and eligible electors, in all elections for the twenty (20) days |
3 | before an election, at designated city and town locations, with advance public notice and regulated |
4 | by rules promulgated by the state board of elections. The board will be assisted in its rulemaking |
5 | by a temporary in-person early voting advisory committee, composed of interested parties, that |
6 | would sunset on December 31, 2020. |
7 | This act would take effect upon passage. |
======== | |
LC004841 | |
======== | |
| LC004841 - Page 5 of 5 |