2020 -- S 2598 SUBSTITUTE A | |
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LC005043/SUB A | |
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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: 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: | |
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. |
4 | (a) Any legally qualified elector of this state whose name appears upon the official voting |
5 | list of the town or district of the city or town where the elector is so qualified, who on account of |
6 | circumstances manifested twenty (20) days or less prior to any election becomes eligible to vote by |
7 | mail ballot according to this chapter, may obtain from the local board an application for an |
8 | emergency mail ballot or may complete an emergency in-person mail ballot application on an |
9 | electronic poll pad at the board of canvassers where the elector maintains his or her residence. |
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 except those emergency mail ballots being cast pursuant to § 17-20-2.2(g), in order to be |
18 | valid, must have been cast in conformance with the following procedures: |
19 | (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the elector |
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1 | at the State of Rhode Island address provided on the application by the office of the secretary of |
2 | state, or delivered by the local board to a person presenting written authorization from the elector |
3 | to receive the ballots, or cast in private at the local board of canvassers. In order to be valid, the |
4 | signature of the voter on the certifying envelope containing a voted ballot must be made before a |
5 | notary public, or other person authorized by law to administer oaths where signed, or where the |
6 | elector voted, or before two (2) witnesses who shall set forth their addresses on the form. In order |
7 | to be valid, all ballots sent to the elector at the board of canvassers must be voted in conformance |
8 | with the provisions of § 17-20-14.2. |
9 | (2) All applications for emergency mail ballots pursuant to subdivision 17-20-2(2) must |
10 | state under oath the name and location of the hospital, convalescent home, nursing home, or similar |
11 | institution where the elector is confined. All mail ballots issued pursuant to this subdivision shall |
12 | be delivered to the elector by the bi-partisan pair of supervisors, appointed in conformance with |
13 | this chapter, and shall be voted and witnessed in conformance with the provisions of § 17-20-14. |
14 | (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed by the office |
15 | of the secretary of state to the elector at an address provided by the elector on the application, or |
16 | cast at the board of canvassers in the city or town where the elector maintains his or her voting |
17 | residence. The signature of the elector on the certifying envelope containing the voted ballots issued |
18 | pursuant to the subdivision does not need to be notarized or witnessed. Any voter qualified to |
19 | receive a mail ballot pursuant to subdivision 17-20-2(3) shall also be entitled to cast a ballot |
20 | pursuant to the provisions of United States Public Law 99-410 ("UOCAVA Act"). |
21 | (4) All mail ballots issued pursuant to subdivision 17-20-2(4) shall be cast at the board of |
22 | canvassers in the city or town where the elector maintains his or her voting residence or mailed by |
23 | the office of the secretary of state to the elector at the address within the United States provided by |
24 | the elector on the application, or delivered to the voter by a person presenting written authorization |
25 | by the voter to pick up the ballot. In order to be valid, the signature of the voter on all certifying |
26 | envelopes containing a voted ballot must be made before a notary public, or other person authorized |
27 | by law to administer oaths where signed, or where the elector voted, or before two (2) witnesses |
28 | who shall set forth their addresses on the form. In order to be valid, all ballots sent to the elector at |
29 | the board of canvassers must be voted in conformance with the provisions of § 17-20-14.2. |
30 | (e) The secretary of state shall provide each of the several boards of canvassers with a |
31 | sufficient number of mail ballots for their voting districts so that the local boards may provide the |
32 | appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to |
33 | process each emergency ballot application in accordance with this chapter, and it shall be the duty |
34 | of each board to return to the secretary of state any ballots not issued immediately after each |
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1 | election. |
2 | (f) Any person knowingly and willfully making a false application or certification, or |
3 | knowingly and willfully aiding and abetting in the making of a false application or certification, |
4 | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. |
5 | (g) An emergency mail ballot application may be completed in person using an electronic |
6 | poll pad provided by the board of canvassers upon presentation by the voter of valid proof of |
7 | identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be |
8 | provided with a ballot issued by the secretary of state and upon completion of the ballot by the |
9 | voter, the voter shall place the ballot into the state-approved electronic voting device, provided by |
10 | the board of elections and secured in accordance with a policy adopted by the board of elections. |
11 | SECTION 2. This act shall take effect upon passage. |
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LC005043/SUB A | |
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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 permit emergency mail ballot applications to be processed at voter's board |
2 | of canvassers in person on electronic poll pads allowing the voter to then cast his or her ballot and |
3 | place the ballot in the state-approved voting machine. |
4 | This act would take effect upon passage. |
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LC005043/SUB A | |
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