2020 -- S 2598

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LC005043

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

     Introduced By: Senator Erin Lynch Prata

     Date Introduced: February 25, 2020

     Referred To: Senate Judiciary

     (Board of Elections)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-20-2.2 of the General Laws in Chapter 17-20 entitled "Mail

Ballots" is hereby amended to read as follows:

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

validity of emergency mail ballots and emergency mail ballot applications.

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

list of the town or district of the city or town where the elector is so qualified, twelve (12) days

prior to any election, who on account of circumstances manifested twenty (20) days or less prior to

any election becomes eligible to vote by mail ballot according to this chapter, may obtain from the

local board an application for an emergency mail ballot.

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

delivered in person or by mail so that it shall be received by the local board not later than four

o'clock (4:00) p.m. on the last day preceding the date of the election.

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

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

relating to the circumstances necessitating the application, except electors casting an emergency

mail ballot under § 17-20-2(4) at the local board of canvassers, who shall sign an electronic poll

book containing an attestation identifying the reason offered justifying the need for an emergency

mail ballot application. The electronic pollbook shall be programmed by the state board to display

a list of acceptable grounds to be prescribed by policy promulgated by the state board, from which

the voter may select a reason which identifies the justification for the emergency mail ballot

application.

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

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

     (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the elector

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

state, or delivered by the local board to a person presenting written authorization from the elector

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

signature of the voter on the certifying envelope containing a voted ballot must be made before a

notary public, or other person authorized by law to administer oaths where signed, or where the

elector voted, or before two (2) witnesses who shall set forth their addresses on the form. In order

to be valid, all ballots sent to the elector at the board of canvassers must be voted in conformance

with the provisions of § 17-20-14.2.

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

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

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

be delivered to the elector by the bi-partisan pair of supervisors, appointed in conformance with

this chapter, and shall be voted and witnessed in conformance with the provisions of § 17-20-14.

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

of the secretary of state to the elector at an address provided by the elector on the application, or

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

residence. The signature of the elector on the certifying envelope containing the voted ballots issued

pursuant to the subdivision does not need to be notarized or witnessed. Any voter qualified to

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

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

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

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

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

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

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

envelopes containing a voted ballot must be made before a notary public, or other person authorized

by law to administer oaths where signed, or where the elector voted, or before two (2) witnesses

who shall set forth their addresses on the form. If the ballot is cast immediately at the local board

by the elector into an optical scan precinct count unit, the certifying envelope is not necessary, and

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the voter is required to sign the electronic pollbook. In order to be valid, all ballots sent to the

elector at the board of canvassers must be voted in conformance with the provisions of § 17-20-

14.2.

     (5) Any emergency ballot issued pursuant to this section and cast at the board of canvassers,

in the city or town where the elector maintains his or her voting residence, shall be cast into an

optical scan precinct count unit provided to the board of canvassers by the board of elections, and

shall not be tabulated until the close of the polls on election day.

     (6) Emergency ballots cast at the board of canvassers pursuant to this subsection shall be

secured in accordance with board of elections' policy.

     (7) Electors, prior to casting their emergency ballots pursuant to this section, shall present

photo identification that complies with § 17-19-24.2 and sign their name on an electronic pollbook.

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

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

appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to

process each emergency ballot application in accordance with this chapter, and it shall be the duty

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

election.

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

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

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

     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

***

     This act would require that electors that cast emergency ballots at the board of canvassers

in the twelve (12) day period prior to any election day, to also sign an electronic pollbook attestation

giving a reason why he or she cannot get to the polls. Upon the completion of the emergency ballot,

it shall be cast immediately into a voting machine.

     This act would take effect upon passage.

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