2020 -- H 7896 | |
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LC004821 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO ELECTIONS -- MAIL BALLOTS | |
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Introduced By: Representatives Corvese, O'Brien, Morin, Noret, and Vella-Wilkinson | |
Date Introduced: February 26, 2020 | |
Referred To: House Judiciary | |
(Board of Elections) | |
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, twelve (12) days |
7 | prior to any election, who on account of circumstances manifested twenty (20) days or less prior to |
8 | any election becomes eligible to vote by mail ballot according to this chapter, may obtain from the |
9 | local board an application for an emergency mail ballot. |
10 | (b) The applicable emergency mail ballot application, when duly executed, shall be |
11 | delivered in person or by mail so that it shall be received by the local board not later than four |
12 | o'clock (4:00) 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, except electors casting an emergency |
16 | mail ballot under § 17-20-2(4) at the local board of canvassers, who shall sign an electronic poll |
17 | book containing an attestation identifying the reason offered justifying the need for an emergency |
18 | mail ballot application. The electronic pollbook shall be programmed by the state board to display |
19 | a list of acceptable grounds to be prescribed by policy promulgated by the state board, from which |
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1 | the voter may select a reason which identifies the justification for the emergency mail ballot |
2 | application. |
3 | (d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail |
4 | ballot, in order to be valid, must have been cast in conformance with the following procedures: |
5 | (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the elector |
6 | at the State of Rhode Island address provided on the application by the office of the secretary of |
7 | state, or delivered by the local board to a person presenting written authorization from the elector |
8 | to receive the ballots, or cast in private at the local board of canvassers. In order to be valid, the |
9 | signature of the voter on the certifying envelope containing a voted ballot must be made before a |
10 | notary public, or other person authorized by law to administer oaths where signed, or where the |
11 | elector voted, or before two (2) witnesses who shall set forth their addresses on the form. In order |
12 | to be valid, all ballots sent to the elector at the board of canvassers must be voted in conformance |
13 | with the provisions of § 17-20-14.2. |
14 | (2) All applications for emergency mail ballots pursuant to subdivision 17-20-2(2) must |
15 | state under oath the name and location of the hospital, convalescent home, nursing home, or similar |
16 | institution where the elector is confined. All mail ballots issued pursuant to this subdivision shall |
17 | be delivered to the elector by the bi-partisan pair of supervisors, appointed in conformance with |
18 | this chapter, and shall be voted and witnessed in conformance with the provisions of § 17-20-14. |
19 | (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed by the office |
20 | of the secretary of state to the elector at an address provided by the elector on the application, or |
21 | cast at the board of canvassers in the city or town where the elector maintains his or her voting |
22 | residence. The signature of the elector on the certifying envelope containing the voted ballots issued |
23 | pursuant to the subdivision does not need to be notarized or witnessed. Any voter qualified to |
24 | receive a mail ballot pursuant to subdivision 17-20-2(3) shall also be entitled to cast a ballot |
25 | pursuant to the provisions of United States Public Law 99-410 ("UOCAVA Act"). |
26 | (4) All mail ballots issued pursuant to subdivision 17-20-2(4) shall be cast at the board of |
27 | canvassers in the city or town where the elector maintains his or her voting residence or mailed by |
28 | the office of the secretary of state to the elector at the address within the United States provided by |
29 | the elector on the application, or delivered to the voter by a person presenting written authorization |
30 | by the voter to pick up the ballot. In order to be valid, the signature of the voter on all certifying |
31 | envelopes containing a voted ballot must be made before a notary public, or other person authorized |
32 | by law to administer oaths where signed, or where the elector voted, or before two (2) witnesses |
33 | who shall set forth their addresses on the form. If the ballot is cast immediately at the local board |
34 | by the elector into an optical scan precinct count unit, the certifying envelope is not necessary, and |
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1 | the voter is required to sign the electronic pollbook. In order to be valid, all ballots sent to the |
2 | elector at the board of canvassers must be voted in conformance with the provisions of § 17-20- |
3 | 14.2. |
4 | (5) Any emergency ballot issued pursuant to this section and cast at the board of canvassers, |
5 | in the city or town where the elector maintains his or her voting residence, shall be cast into an |
6 | optical scan precinct count unit provided to the board of canvassers by the board of elections, and |
7 | shall not be tabulated until the close of the polls on election day. |
8 | (6) Emergency ballots cast at the board of canvassers pursuant to this subsection shall be |
9 | secured in accordance with board of elections' policy. |
10 | (7) Electors, prior to casting their emergency ballots pursuant to this section, shall present |
11 | photo identification that complies with § 17-19-24.2 and sign their name on an electronic pollbook. |
12 | (e) The secretary of state shall provide each of the several boards of canvassers with a |
13 | sufficient number of mail ballots for their voting districts so that the local boards may provide the |
14 | appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to |
15 | process each emergency ballot application in accordance with this chapter, and it shall be the duty |
16 | of each board to return to the secretary of state any ballots not issued immediately after each |
17 | election. |
18 | (f) Any person knowingly and willfully making a false application or certification, or |
19 | knowingly and willfully aiding and abetting in the making of a false application or certification, |
20 | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. |
21 | 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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1 | This act would require that electors that cast emergency ballots at the board of canvassers |
2 | in the twelve (12) day period prior to any election day, to also sign an electronic pollbook attestation |
3 | giving a reason why he or she cannot get to the polls. Upon the completion of the emergency ballot, |
4 | it shall be cast immediately into a voting machine. |
5 | This act would take effect upon passage. |
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