2022 -- H 7100 | |
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LC003657 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO ELECTIONS -- SECRETARY OF STATE -- LET RI VOTE ACT | |
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Introduced By: Representatives Kazarian, Amore, Fogarty, Alzate, Shanley, Williams, | |
Date Introduced: January 12, 2022 | |
Referred To: House State Government & Elections | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 17-6-13 of the General Laws in Chapter 17-6 entitled "Secretary of |
2 | State" is hereby amended to read as follows: |
3 | 17-6-13. Electoral process education Electoral process education -- Voter information |
4 | hotline. |
5 | (a) During each year in which a general election is to be held, the secretary of state shall |
6 | identify communities within the state in need of electoral process education by outreaching |
7 | community organizations. Electoral process education shall consist of instruction on how a person |
8 | may become a candidate for electoral office and how a person registers and votes for candidates |
9 | for electoral office. The secretary of state shall furnish electoral process education throughout the |
10 | state of Rhode Island in a manner to be determined by the secretary of state. |
11 | (b) The secretary of state shall make available a free telephone hotline to provide the public |
12 | with information about the electoral process, including the voting process, registering to vote, and |
13 | polling locations. This hotline shall be available in multiple languages. |
14 | SECTION 2. Section 17-9.1-27 of the General Laws in Chapter 17-9.1 entitled |
15 | "Registration of Voters" is hereby amended to read as follows: |
16 | 17-9.1-27. Periodic updating of voter registration records. |
17 | (a) In every odd-numbered year Not less than four (4) times within a calendar year, the |
18 | secretary of state shall update the central voter register using the United States Postal Service |
19 | National Change of Address (NCOA) Program. The office of the Secretary of State shall be |
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1 | responsible for obtaining the NCOA data and providing each local board of canvassers with their |
2 | data; provided, that the updating shall be performed by each local board. The NCOA list of address |
3 | changes shall be compared by the local board with lists of registered voters, and if address changes |
4 | are detected for any voter, the local board shall institute the confirmation process described in § |
5 | 17-9.1-26. |
6 | (b) Each local board of canvassers in each city or town shall send annually, a notice |
7 | prescribed by the secretary of state and marked "Do Not Forward -- Return if Undeliverable", to |
8 | every active registered voter who has not voted in the past five (5) calendar years and has not |
9 | otherwise communicated with the board during that period of time, advising them of their current |
10 | polling place and voting eligibility, and informing them that mail that is returned as undeliverable |
11 | will initiate the confirmation process described in § 17-9.1-26; provided, however, that the local |
12 | boards shall not be obligated to send such notice if the state or federal government fails to |
13 | appropriate the necessary funds. The mailing shall take place in all municipalities and be performed |
14 | in a uniform manner, in accordance with standards adopted by the secretary of state and the list |
15 | maintenance procedures provided by the National Voting Rights Act, 42 U.S.C. § 1973gg. |
16 | (c) The secretary of state shall promulgate regulations for the uniform implementation of |
17 | this section, consistent with all applicable federal voting laws. Such regulations shall be adopted in |
18 | accordance with the rulemaking provisions of § 42-35-1 et seq. |
19 | (d) Beginning thirty (30) days before any state election and through certification of that |
20 | election, local boards shall cease all list maintenance procedures required by this section. |
21 | SECTION 3. Section 17-10-1 of the General Laws in Chapter 17-10 entitled "Canvassing |
22 | the Lists of Qualified Electors" is hereby amended to read as follows: |
23 | 17-10-1. Maintenance of registration -- Inactive file. |
24 | (a) The local board or its duly authorized agent shall maintain the files of registration cards |
25 | in a condition that will correctly represent the registration of qualified voters at all times. It shall |
26 | continually purge the cards of voters no longer qualified to vote in the city or town. It shall promptly |
27 | record all changes of address, changes of name, and transfers and cancellations of registration. |
28 | (b) If a confirmation card has been mailed to a registered voter at an address outside of the |
29 | city or town of the voter's current registered address for voting purposes, or if the confirmation card |
30 | has been mailed to an address within the same city or town where the voter is registered, which |
31 | card was sent to confirm the voter's continuing residence within the city or town and not merely to |
32 | confirm information provided by or through the postal service concerning a change of address |
33 | within the city or town, and in both cases the voter has failed to respond to the confirmation card, |
34 | the voter shall be stricken from the voting list and the voter registration shall be canceled if the |
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1 | voter has not voted or appeared to vote in an election during the period beginning on the date of |
2 | mailing of the confirmation card and ending on the date after the date of the second general election |
3 | that occurs after the date of mailing of the card. Provided, that the registration of any person shall |
4 | not be canceled during his or her service in the armed forces of the United States and during two |
5 | (2) years thereafter. A voter whose registration has been canceled shall not thereafter be eligible to |
6 | vote unless that voter shall again register in accordance with the provisions of this title and in |
7 | accordance with the provisions of the Constitution of this state. The local board shall notify the |
8 | secretary of state of any cancellation. The local board shall notify each voter whose registration has |
9 | been canceled by a notice addressed to the voter at the voter's last known address, and a |
10 | memorandum that the notice has been sent shall be maintained on file by the local board; provided, |
11 | that failure to give or receive the notice shall not affect the cancellation of the voter's registration. |
12 | The local board shall take affirmative action to purge the voter's name from its files of registration |
13 | cards. |
14 | (c) Using the central voter registration system, upon receipt of the monthly list of |
15 | individuals who have died from the office of vital statistics, as prescribed by § 23-3-5 or provided |
16 | by the federal Social Security Administration's master death list, the secretary of state shall identify |
17 | all voter registrations that may be reflected on the list and so notify electronically, the local board |
18 | of canvassers of each applicable city or town. The local board, upon receipt of the list of deceased |
19 | persons from the secretary of state, or upon receipt of an affidavit of death on forms prescribed by |
20 | the secretary of state, shall promptly purge its files of registration cards by removing the cards of |
21 | each deceased elector and canceling the voter registration information of the deceased elector from |
22 | the central voter registration system. |
23 | (d) The local board shall maintain a separate list of all new registrations and all transfers |
24 | of registration which are received by the board within the thirty (30) day period prior to the close |
25 | of registration prior to each primary, regular, and special election. The list shall be maintained until |
26 | the time that the election is held. |
27 | SECTION 4. Section 17-19-8.1 of the General Laws in Chapter 17-19 entitled "Conduct |
28 | of Election and Voting Equipment, and Supplies" is hereby amended to read as follows: |
29 | 17-19-8.1. Ballots for voters who are blind, visually impaired or disabled. |
30 | (a) Any voter who is blind or visually impaired or disabled is eligible to request a special |
31 | ballot for voting by mail ballot. Special mail ballots are available in Braille or tactile format. |
32 | (b) Requests must be made in writing to the local board of canvassers where the person is |
33 | registered to vote or through the electronic voter registration portal established by §§ 17-20-2.3 and |
34 | 17-20-8 at least forty-five (45) twenty-one (21) days before the election for which the voter is |
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1 | requesting the special ballot. In addition, the request will be valid for all elections held during the |
2 | calendar year in which the request was received and in which the voter is eligible to participate. |
3 | Applicants must also file the appropriate mail ballot application as required by chapter 20 of this |
4 | title for each election in which they wish to participate. |
5 | (c) The office of the secretary of state shall prepare and provide the appropriate form, which |
6 | shall be available at local boards and upon request from the office of the secretary of state. The |
7 | voter may also choose to submit his or her request in writing without using the form provided, as |
8 | long as the communication contains all of the required information. The request shall include the |
9 | following information: |
10 | (1) The name and registered address of the voter; |
11 | (2) A daytime telephone number; |
12 | (3) An indication of whether this request is for the entire calendar year or only for the next |
13 | upcoming election; |
14 | (4) The voter's political party affiliation, if the request for a special ballot is also for |
15 | primaries; |
16 | (5) Indicate the special ballot format. |
17 | (d) All requests received by local boards must be processed and forwarded to the office of |
18 | the secretary of state within twenty-four (24) hours of receipt. The secretary of state shall maintain |
19 | a list of all persons requesting special Braille or tactile mail ballots and must forward a copy of the |
20 | list to the state board of elections at least eighteen (18) days before the date of any election. |
21 | (e) The state board may adopt rules and regulations for the procedure for the manual |
22 | reproduction of voted ballots, when necessary, and the tabulation of Braille and tactile mail ballots. |
23 | (f) The office of the secretary of state shall be responsible for the preparation and |
24 | distribution of special Braille and tactile mail ballots. Whenever possible, the secretary of state |
25 | shall prepare the Braille or tactile mail ballot so that the voted ballot can be read by the tabulation |
26 | equipment, rather than being manually reproduced by election officials onto a machine readable |
27 | ballot. |
28 | (g) The office of the secretary of state may adopt rules and regulations setting forth the |
29 | procedure for the preparations and distribution of the Braille and tactile mail ballots. |
30 | (h) The office of the secretary of state shall prepare and publish a guide describing the types |
31 | of ballots available and the manner in which each ballot can be voted. This guide shall be revised |
32 | whenever the types of ballots available are updated. This guide shall be available in print, Braille, |
33 | audio, or other accessible formats. |
34 | (i) The office of the secretary of state shall establish a special Braille and tactile ballot |
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1 | program for voters who are blind or visually impaired. The office of the secretary of state shall |
2 | expand the special ballot service to other voters with disabilities, as feasible, as determined by the |
3 | secretary of state, and incorporate other accessible formats as technology and resources allow. |
4 | (j) In accordance with the Help America Vote Act of 2003, the voting system at each |
5 | polling place shall be accessible for individuals with disabilities, including nonvisual accessibility |
6 | for the blind and visually impaired, in a manner that provides the same opportunity for access and |
7 | participation as for other voters. |
8 | SECTION 5. Sections 17-20-1, 17-20-1.1, 17-20-2, 17-20-2.1, 17-20-2.2, 17-20-3, 17-20- |
9 | 8, 17-20-9, 17-20-10, 17-20-13, 17-20-13.1, 17-20-14, 17-20-14.1, 17-20-14.2, 17-20-21, 17-20- |
10 | 23, 17-20-24.1 and 17-20-30 of the General Laws in Chapter 17-20 entitled "Mail Ballots" are |
11 | hereby amended to read as follows: |
12 | 17-20-1. Voting by mail ballot. |
13 | The electors of this state who, for any of the reasons set forth in § 17-20-2, being otherwise |
14 | qualified to vote, are unable to vote in person, shall have the right to vote, in the manner and time |
15 | provided by this chapter, in all general and special elections and primaries, including presidential |
16 | primaries in this state for electors of president and vice-president of the United States, United States |
17 | senators in congress, representatives in congress, general officers of the state, senators and |
18 | representatives in the general assembly for the respective districts in which the elector is duly |
19 | qualified to vote, and for any other officers whose names appear on the state ballot and for any city, |
20 | town, ward, or district officers whose names appear on the respective city or town ballots in the |
21 | ward or district of the city or town in which the elector is duly qualified to vote, and also to approve |
22 | or reject any proposition of amendment to the Constitution or other propositions appearing on the |
23 | state, city, or town ballot. |
24 | 17-20-1.1. Declaration of policy. |
25 | Those electors who are unable to vote in person at the polls for the reasons set forth in § |
26 | 17-20-2 vote by mail are entitled to vote in a manner which reasonably guarantees the secrecy of |
27 | their ballots. The procedures set forth in this chapter are designed to promote the effective exercise |
28 | of their rights while safeguarding those voters who utilize the mail ballot process from harassment, |
29 | intimidation, and invasion of privacy. The procedures are intended to prevent misuse of the |
30 | electoral system by persons who are not eligible to vote by mail ballot. The provisions of this |
31 | chapter shall be interpreted to effectuate the policies set forth in this section. |
32 | 17-20-2. Eligibility for mail ballots. |
33 | Any otherwise qualified elector may vote by mail ballot in the following circumstances: |
34 | (1) An elector, within the State of Rhode Island who is incapacitated to the extent that it |
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1 | would be an undue hardship to vote at the polls because of illness, or mental or physical disability, |
2 | blindness, or serious impairment of mobility; |
3 | (2) An elector who is confined in any hospital, convalescent home, nursing home, rest |
4 | home, or similar institution, public or private, within the State of Rhode Island; |
5 | (3) An elector who will be temporarily absent from the state because of employment or |
6 | service intimately connected with military operations or who is a spouse or legal dependent residing |
7 | with that person, or a United States citizen that will be outside of the United States; |
8 | (4) An elector who may not be able to vote at his or her polling place in his or her city or |
9 | town on the day of the election chooses to vote by mail for any reason. |
10 | 17-20-2.1. Requirements for validity of mail ballot and mail ballot applications. |
11 | (a) Any legally qualified elector of this state whose name appears upon the official voting |
12 | list of the city, town, or district of the city or town where the elector is qualified, and who desires |
13 | to avail himself or herself of the right granted to him or her by the Constitution and declared in this |
14 | chapter, may obtain from the local board in the city or town an affidavit a form prepared by the |
15 | secretary of state as prescribed in this section, setting forth the elector's application for a mail ballot |
16 | or may apply online in accordance with § 17-20-2.3. |
17 | (b) Whenever any person is unable to sign his or her name because of physical incapacity |
18 | or otherwise, that person shall make his or her mark "X". |
19 | (c) The application, when duly executed, shall be delivered To receive a ballot in the mail, |
20 | an elector must submit an application in person, or by mail, or electronically, so that it is received |
21 | by the local board, not later than four o'clock (4:00) p.m. on the twenty-first (21st) day before the |
22 | day of any election referred to in § 17-20-1. |
23 | (d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in |
24 | order to be valid, must have been cast in conformance with the following procedures: |
25 | (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the elector |
26 | at the Rhode Island address provided by the elector on the application. In order to be valid, the |
27 | voter must affix his or her signature on all certifying envelopes containing a voted ballot must be |
28 | made before a notary public or before two (2) witnesses who shall set forth their addresses on the |
29 | form. |
30 | (2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the |
31 | name and location of the hospital, convalescent home, nursing home, or similar institution where |
32 | the elector is confined. All mail ballots issued pursuant to subdivision 17-20-2(2) shall be delivered |
33 | to the elector at the hospital, convalescent home, nursing home, or similar institution where the |
34 | elector is confined; and the ballots shall be voted and witnessed in conformance with the provisions |
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1 | of § 17-20-14. |
2 | (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed to the address |
3 | provided by the elector on the application or sent to the board of canvassers in the city or town |
4 | where the elector maintains his or her voting residence. In order to be valid, the voter must affix |
5 | his or her signature of the elector on the certifying envelope containing voted ballots does not need |
6 | to be notarized or witnessed. Any voter qualified to receive a mail ballot pursuant to subdivision |
7 | 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of United States Public |
8 | Law 99-410 ("UOCAVA Act"). |
9 | (4) All mail ballots issued pursuant to subdivision 17-20-2(4) may be mailed to the elector |
10 | at the address within the United States provided by the elector on the application or sent to the |
11 | board of canvassers in the city or town where the elector maintains his or her voting residence. In |
12 | order to be valid, the voter must affix his or her signature on all certifying envelopes containing a |
13 | voted ballot must be made before a notary public, or other person authorized by law to administer |
14 | oaths where signed, or where the elector voted, or before two (2) witnesses who shall set forth their |
15 | addresses on the form. In order to be valid, all ballots sent to the elector at the board of canvassers, |
16 | must be voted in conformance with the provisions of § 17-20-14.2. |
17 | (e) Any person knowingly and willfully making a false application or certification, or |
18 | knowingly and willfully aiding and abetting in the making of a false application or certification, |
19 | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. |
20 | (f) In no way shall a mail ballot application be disqualified if the voter's circumstances |
21 | change between the time of making the application and voting his or her mail ballot as long as voter |
22 | remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board of |
23 | canvassers shall provide the state board of elections with written notification of any change in |
24 | circumstances to a mail ballot voter. |
25 | 17-20-2.2. Requirements for validity of emergency mail ballots. |
26 | (a) Any legally qualified elector of this state whose name appears upon the official voting |
27 | list of the town or district of the city or town where the elector is so qualified, who on account of |
28 | circumstances manifested twenty (20) days or less prior to any election becomes is eligible to vote |
29 | by mail ballot according to this chapter, may obtain from the local board an application for an |
30 | emergency mail ballot or may complete an emergency in-person mail ballot application on an |
31 | electronic poll pad at the board of canvassers where the elector maintains his or her residence. |
32 | (b) The emergency mail ballot application, when duly executed, shall be delivered in |
33 | person, electronically, or by mail so that it shall be received by the local board not later than four |
34 | o'clock (4:00) p.m. on the last day preceding the date of the election. |
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1 | (c) The elector shall execute the emergency mail ballot application in accordance with the |
2 | requirements of this chapter, which application shall contain a certificate setting forth the facts |
3 | relating to the circumstances necessitating the application. |
4 | (d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail |
5 | ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, in |
6 | order to be valid, must have been cast in conformance with the following procedures: |
7 | (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the |
8 | state of Rhode Island address provided on the application by the office of the secretary of state, or |
9 | delivered by the local board to a person presenting written authorization from the elector to receive |
10 | the ballots, or cast in private at the local board of canvassers. In order to be valid, the voter must |
11 | affix his or her signature of the voter on the certifying envelope containing a voted ballot must be |
12 | made before a notary public, or other person authorized by law to administer oaths where signed, |
13 | or where the elector voted, or before two (2) witnesses who shall set forth their addresses on the |
14 | form. In order to be valid, all ballots sent to the elector at the board of canvassers must be voted in |
15 | conformance with the provisions of § 17-20-14.2. |
16 | (2) All applications for emergency mail ballots pursuant to § 17-20-2(2) must state under |
17 | oath the name and location of the hospital, convalescent home, nursing home, or similar institution |
18 | where the elector is confined. All mail ballots issued pursuant to this subdivision shall be delivered |
19 | to the elector by the bipartisan pair of supervisors, appointed in conformance with this chapter, and |
20 | shall be voted and witnessed in conformance with the provisions of § 17-20-14. |
21 | (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed by the office of the |
22 | secretary of state to the elector at an address provided by the elector on the application, or cast at |
23 | the board of canvassers in the city or town where the elector maintains his or her voting residence. |
24 | The signature of the elector on the certifying envelope containing the voted ballots issued pursuant |
25 | to the subdivision does not need to be notarized or witnessed. Any voter qualified to receive a mail |
26 | ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of |
27 | United States Public Law 99-410 ("UOCAVA Act"). |
28 | (4) All mail ballots issued pursuant to § 17-20-2(4) shall be cast at the board of canvassers |
29 | in the city or town where the elector maintains his or her voting residence or mailed by the office |
30 | of the secretary of state to the elector at the address within the United States provided by the elector |
31 | on the application, or delivered to the voter by a person presenting written authorization by the |
32 | voter to pick up the ballot. In order to be valid, the voter must affix his or her signature of the voter |
33 | on all certifying envelopes containing a voted ballot must be made before a notary public, or other |
34 | person authorized by law to administer oaths where signed, or where the elector voted, or before |
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1 | two (2) witnesses who shall set forth their addresses on the form. In order to be valid, all ballots |
2 | sent to the elector at the board of canvassers must be voted in conformance with the provisions of |
3 | § 17-20-14.2. |
4 | (e) The secretary of state shall provide each of the several boards of canvassers with a |
5 | sufficient number of mail ballots for their voting districts so that the local boards may provide the |
6 | appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to |
7 | process each emergency ballot application in accordance with this chapter, and it shall be the duty |
8 | of each board to return to the secretary of state any ballots not issued immediately after each |
9 | election. |
10 | (f) Any person knowingly and willfully making a false application or certification, or |
11 | knowingly and willfully aiding and abetting in the making of a false application or certification, |
12 | shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1. |
13 | (g) An emergency mail ballot application may be completed in person using an electronic |
14 | poll pad provided by the board of canvassers upon presentation by the voter of valid proof of |
15 | identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be |
16 | provided with a ballot issued by the secretary of state and upon completion of the ballot by the |
17 | voter, the voter shall place the ballot into the state-approved electronic voting device, provided by |
18 | the board of elections and secured in accordance with a policy adopted by the board of elections. |
19 | 17-20-3. Definitions. |
20 | (a) Wherever used in this chapter, every word importing only the masculine gender is |
21 | construed to extend to, and include, females as well as males. |
22 | (b) Whenever used in this chapter, "bipartisan pairs of supervisors" for primaries means a |
23 | supervisor representing the endorsed candidates and a supervisor representing a majority of |
24 | unendorsed candidates, and for nonpartisan elections and primaries means non-partisan pairs of |
25 | supervisors. |
26 | (c) Wherever used in this chapter, "employed outside of the United States" includes any |
27 | person who is: |
28 | (1) Employed by any agency, department or division of the United States government and |
29 | who, by reason of that employment, resides outside of the continental United States; |
30 | (2) Employed outside the territorial limits of the United States; or |
31 | (3) A spouse or dependent residing with persons so employed. |
32 | (d) Wherever used in this chapter "services intimately connected with military operations" |
33 | includes members of religious groups or welfare agencies assisting members of the armed forces |
34 | who are officially attached to and serving with the armed forces and their spouses and dependents, |
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1 | and the spouses and dependents of members of the armed forces and of the merchant marine; |
2 | provided, that the spouses and dependents are residing outside of the state with the members of the |
3 | armed forces, merchant marine, or members of the religious or welfare agencies. |
4 | (e) Whenever a signature is required by a voter in this chapter, "signature" also means the |
5 | voter's mark "X" if the person is unable to sign his or her name because of physical incapacity or |
6 | otherwise. |
7 | (f) Whenever used in this chapter, "bipartisan" means not of the same recognized political |
8 | party. |
9 | (g) Whenever used in this chapter, "emergency" voting pursuant to § 17-20-2.2(g) shall be |
10 | construed to mean "early" voting. |
11 | 17-20-8. Application for ballot. |
12 | (a) Whenever any person is unable to sign his or her name because of physical incapacity |
13 | or otherwise, that person shall make his or her mark "X". |
14 | (b) Notwithstanding any other provision of this chapter as to time and manner thereof, it |
15 | shall be the duty of the applicant to cause the mail ballot application or the emergency mail ballot |
16 | application, as the case may be, to be processed by the local board so that the applicant may receive |
17 | the ballot, cast it, and cause delivery thereof to be made to the state board not later than eight o'clock |
18 | (8:00) p.m. on the date of election. |
19 | (c) The local board shall maintain a separate list of names and addresses of all applicants |
20 | and their subscribing witnesses and a copy of the list shall be made available for inspection to any |
21 | person upon request. |
22 | (d) Any person knowingly and willfully making a false application or certification or |
23 | knowingly and willfully aiding and abetting in the making of a false application or certification |
24 | shall be guilty of a felony. |
25 | (e) Voters shall be able to apply for a mail ballot electronically through the voter |
26 | registration portal established by § 17-20-2.3 |
27 | 17-20-9. Application by permanently disabled or incapacitated voters Application by |
28 | permanently disabled or incapacitated voters and nursing home residents. |
29 | (a) A voter who is indefinitely confined because of physical illness or infirmity or is |
30 | disabled for an indefinite period or who is a long-term resident in a nursing home, may, by signing |
31 | an affidavit to that effect, request that an absentee a mail ballot application be sent to him or her |
32 | automatically for every election. The affidavit form and instructions shall be prescribed by the |
33 | secretary of state, and furnished upon request to any elector by each local board of canvassers. The |
34 | envelope containing the absentee mail ballot application shall be clearly marked as not forwardable. |
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1 | If any elector is no longer indefinitely confined or is no longer residing in a nursing home, he or |
2 | she shall notify the clerk of the local board of canvassers of this fact. The clerk shall remove the |
3 | name of any voter from the mailing list established under this section upon receipt of reliable |
4 | information that a voter no longer qualifies for the service. The voter shall be notified of the action |
5 | within five (5) days after the board takes the action. |
6 | (b) The affidavit form and instructions prescribed in this section shall be mailed to the |
7 | applicant along with a stamped return envelope addressed to the local boards of canvassers. The |
8 | secretary of state may process applications pursuant to this section through the online mail ballot |
9 | application portal established by § 17-20-2.3. |
10 | (c) For purposes of this section, "nursing home" refers to facilities defined and licensed by |
11 | the department of health. "Long-term" excludes any residents temporarily residing in such a facility |
12 | for rehabilitation. |
13 | (d) The secretary of state shall maintain a list in the central voter registration system of all |
14 | voters who automatically receive applications for mail ballots, pursuant to this section. |
15 | 17-20-10. Certification of applications -- Issuance of ballots -- Marking of lists -- |
16 | Mailing address. |
17 | (a) Upon receipt of the application, the local board shall immediately examine it and |
18 | determine whether it complies with each of the requirements set forth by this chapter and compare |
19 | the signature on the ballot application with the signature contained on the original registration card, |
20 | except as may be otherwise provided by law, to satisfy itself that the applicant is a qualified voter. |
21 | Upon determining that it does meet each requirement of this chapter and that the signature appears |
22 | to be the same, the local board shall mark the application "accepted" and record in the space |
23 | provided on the ballot application the senatorial, representative, and voting district in which the |
24 | applicant should vote. |
25 | (b) The local board shall also record the city or town code and district information in the |
26 | mailing label section of the mail ballot application. The local board shall also print or type the name |
27 | of the elector and the complete mailing address in that section. If the local board does not accept |
28 | the application, the local board shall return the application to the elector, together with a form |
29 | prescribed by the secretary of state, specifying the reason or reasons for the return of the application. |
30 | (c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election |
31 | referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs |
32 | first, the local board shall certify the applications to the secretary of state through the CVRS system |
33 | as this procedure is prescribed by the secretary of state. Upon the certification of a mail ballot |
34 | application to the secretary of state, the local board shall enter on the voting list the fact that a mail |
| LC003657 - Page 11 of 23 |
1 | ballot application for the voter has been certified and shall cause the delivery of the certified mail |
2 | ballot applications together with the signed certified listing thereof in sealed packages to the state |
3 | board of elections. |
4 | (d)(1) Upon the ballots becoming available, the secretary of state shall immediately issue |
5 | and mail, by first-class mail, postage prepaid, a mail ballot to each eligible voter who has been |
6 | certified. With respect to voters who have applied for these mail ballots under the provisions of § |
7 | 17-20-2(1), the secretary of state shall include with the mail ballots a stamped, return envelope |
8 | addressed to the board of elections. |
9 | (2) The secretary of state shall include on the mail ballot envelope a numerical or |
10 | alphabetical code designating the city or town where the voter resides. The secretary of state shall |
11 | immediately thereafter indicate on the voter's record that the secretary of state has sent mail ballots; |
12 | provided that this mark shall serve solely to indicate that a mail ballot has been issued and shall not |
13 | be construed as voting in the election. |
14 | (e) Prior to each election, the secretary of state shall also furnish to the chairperson of the |
15 | state committee of each political party a list of the names and residence addresses of all persons to |
16 | whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for |
17 | political office, upon request, a list of the names and residence addresses of all persons to whom |
18 | mail ballots have been issued within his or her district. |
19 | (f) If a ballot is returned to the secretary of state by the postal service as undeliverable, the |
20 | secretary of state shall consult with the appropriate local board to determine the accuracy of the |
21 | mailing address, and the secretary of state shall be required to remail the ballot to the voter using |
22 | the corrected address provided by the local board. If the local board is unable to provide a different |
23 | address than that to which the ballot was originally mailed, the ballot shall be reissued by the |
24 | secretary of state to the board of canvassers in the city or town where the voter resides utilizing the |
25 | numerical or alphabetical code established in subsection (d) of this section. The board shall then |
26 | attempt to notify the voter at his or her place of residence that the ballot has been returned as |
27 | undeliverable. The ballot must be voted and witnessed in accordance with the provisions of this |
28 | chapter. |
29 | (g) The acceptance of a mail ballot application by the board of canvassers and the issuance |
30 | of a mail ballot by the secretary of state shall not create any presumption as to the accuracy of the |
31 | information provided by the applicant or as to the applicant's compliance with the provisions of |
32 | this chapter. Any inaccuracy in the provided information or irregularity in the application may be |
33 | raised as a challenge to the ballot before the board of elections at the time of certification. If the |
34 | challenge raised at that time is meritorious, the ballot shall be voided. |
| LC003657 - Page 12 of 23 |
1 | (h) Within two (2) business days of receipt by the local board, the board shall certify |
2 | emergency mail ballot applications and shall cause the delivery of the emergency mail ballot |
3 | applications, and certification sheet in sealed packages to the state board of elections. |
4 | 17-20-13. Form of application. |
5 | The application to be subscribed by the voters before receiving a mail ballot shall, in |
6 | addition to those directions that may be printed, stamped, or written on it by authority of the |
7 | secretary of state, be in substantially the following form: |
8 | STATE OF RHODE ISLAND |
9 | APPLICATION OF VOTER FOR BALLOT FOR ELECTION ON |
10 | (COMPLETE HIGHLIGHTED SECTIONS) |
11 | NOTE -- THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF |
12 | CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M ON ________ |
13 | BOX A (PRINT OR TYPE) |
14 | NAME _________________ |
15 | VOTING ADDRESS_____________________________ |
16 | CITY/TOWN_________________________________________STATE RI ZIP CODE________ |
17 | DATE OF BIRTH___________ PHONE # ____________ |
18 | BOX B (PRINT OR TYPE) |
19 | NAME OF INSTITUTION (IF APPLICABLE)_______________________________ |
20 | ADDRESS__________________________ |
21 | ADDRESS__________________________ |
22 | CITY/TOWN____________________ STATE__________ ZIP CODE_____________ |
23 | FACSIMILE NUMBER (if applicable)____________________ |
24 | I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING BASIS; |
25 | (CHECK ONE ONLY) |
26 | () 1. I am incapacitated to such an extent that it would be an undue hardship to vote at the |
27 | polls because of illness, mental or physical disability, blindness or a serious impairment of mobility. |
28 | If the ballot is not being mailed to your voter registration address (BOX A above) please provide |
29 | the Rhode Island address where you are temporarily residing in BOX B above. |
30 | () 2. I am confined in a hospital, convalescent home, nursing home, rest home, or similar |
31 | institution within the State of Rhode Island. Provide the name and address of the facility where you |
32 | are residing in BOX B above |
33 | () 3. I am employed or in service intimately connected with military operations or because |
34 | I am a spouse or dependent of such person, or I am a United States citizen and will be outside the |
| LC003657 - Page 13 of 23 |
1 | United States. Complete BOX B above or the ballot will be mailed to the local board of canvassers. |
2 | () 4. I may not be able to vote at the polling place in my city or town on the day of the |
3 | election. I choose to vote by mail. If the ballot is not being mailed to your voter registration address |
4 | (BOX A above) please provide the address within the United States where you are temporarily |
5 | residing in BOX B above. If you request that your ballot be sent to your local board of canvassers |
6 | please indicate so in BOX B above. |
7 | BOX D OATH OF VOTER |
8 | I declare that all of the information I have provided on this form is true and correct to the |
9 | best of my knowledge. I further state that I am not a qualified voter of any other city or town or |
10 | state and have not claimed and do not intend to claim the right to vote in any other city or town or |
11 | state. If unable to sign name because of physical incapacity or otherwise, applicant shall make his |
12 | or her mark "X". |
13 | SIGNATURE IN FULL____________________________________ |
14 | Please note: A Power of Attorney signature is not valid in Rhode Island. |
15 | 17-20-13.1. Form of emergency mail ballot application. |
16 | The emergency mail ballot application to be subscribed by the voters before receiving a |
17 | mail ballot shall, in addition to any directions that may be printed, stamped, or written on the |
18 | application by authority of the secretary of state, be in substantially the following form: |
19 | STATE OF RHODE ISLAND |
20 | EMERGENCY APPLICATION OF VOTER FOR BALLOT FOR ELECTION ON________ |
21 | (COMPLETE HIGHLIGHTED SECTIONS) |
22 | NOTE -- THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF |
23 | CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M. ON________ |
24 | BOX A (PRINT OR TYPE) |
25 | NAME |
26 | VOTING ADDRESS |
27 | CITY/TOWN ______________STATE RI ZIP CODE |
28 | DATE OF BIRTH____________________PHONE# |
29 | BOX B (PRINT OR TYPE) |
30 | NAME OF INSTITUTION (IF APPLICABLE) |
31 | ADDRESS |
32 | ADDRESS |
33 | CITY/TOWN______________STATE________ ZIP CODE |
34 | I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE |
| LC003657 - Page 14 of 23 |
1 | FOLLOWING BASIS: (CHECK ONE ONLY) |
2 | ( ) 1. I am incapacitated to such an extent that it would be an undue hardship to vote at |
3 | the polls because of illness, mental or physical disability, blindness or a serious impairment of |
4 | mobility. If not voting ballot at local board, ballot will be mailed to the address in BOX A above |
5 | or to the Rhode Island address provided in BOX B above. If the ballot is to be delivered by the |
6 | local board of canvassers to a person presenting written authorization to pick up the ballot, complete |
7 | BOX A above and fill in the person's name below. |
8 | I hereby authorize to pick up my ballot at |
9 | my local board of canvassers. |
10 | ( ) 2. I am confined in a hospital, convalescent home, nursing home, rest home, or |
11 | similar institution within the State of Rhode Island. Provide the name and address of the facility |
12 | where you are residing in BOX B above. |
13 | ( ) 3. I am employed or in service intimately connected with military operations or |
14 | because I am a spouse or dependent of such person, or I am a United States citizen who will be |
15 | outside the United States. If not voting ballot at local board, provide address in BOX B above. |
16 | ( ) 4. I may not be able to vote at the polling place in my city or town on the day of the |
17 | election I choose to vote by mail. If the ballot is not being mailed to your voter registration address |
18 | (BOX A above) please provide the address within the United States where you are temporarily |
19 | residing in BOX B above. If you request that your ballot be sent to your local board of canvassers |
20 | please indicate so in BOX B above. |
21 | I hereby authorize to pick up my ballot at |
22 | my local board of canvassers. |
23 | Under the pains and penalty of perjury, I certify that on account of the following |
24 | circumstances manifested twenty (20) days or less prior to the election for which I make this |
25 | application. I will be unable to vote at the polls. |
26 | BOX D OATH OF VOTER |
27 | I declare that all of the information I have provided on this form is true and correct to the |
28 | best of my knowledge. I further state that I am not a qualified voter of any other city or town or |
29 | state and have not claimed and do not intend to claim the right to vote in any other city or town or |
30 | state. If unable to sign name because of physical incapacity or otherwise, applicant shall make his |
31 | or her mark "X". |
32 | SIGNATURE IN FULL |
33 | Please note: A Power of Attorney signature is not valid in Rhode Island. |
34 | 17-20-14. Voting from hospitals, convalescent homes, nursing homes, rest homes or |
| LC003657 - Page 15 of 23 |
1 | similar institutions public or private within the State of Rhode Island -- Penalty for |
2 | interference. |
3 | (a) The state board of elections shall appoint as many bipartisan pairs of supervisors as are |
4 | necessary whose duty it shall be to attend each hospital, rest home, nursing home and convalescent |
5 | home, or similar types of personal care facility in the state within twenty (20) days prior to the |
6 | election. They shall supervise the casting of votes by persons using mail ballots at a place that |
7 | preserves their secrecy and shall take acknowledgments or serve as witnesses, and jointly provide |
8 | assistance, if requested, to assure proper marking, sealing, and mailing of ballots as voted. Every |
9 | mail ballot cast by a patient in a hospital or convalescent home within this state must be witnessed |
10 | by the state supervisors. It shall be the duty of the person or persons in charge of hospitals, rest |
11 | homes, nursing homes and convalescent homes, or similar types of personal care facility to allow |
12 | the state supervisors to perform their duties as set forth in this section at all reasonable times. Every |
13 | person who willfully hinders the state supervisors in performing their duties as set forth in this |
14 | section shall be guilty of a misdemeanor. |
15 | (b) It shall be the responsibility of the state board of elections to provide all bipartisan pairs |
16 | of supervisors with an official identification card. All bipartisan pairs of supervisors will be |
17 | required to have in their possession their identification card when conducting official business. |
18 | (c) Any person who deliberately misrepresents themselves as an official of the board of |
19 | elections, or who deceives, coerces, or interferes with a voter casting a ballot, shall be subject to |
20 | prosecution under § 17-20-30. |
21 | 17-20-14.1. Mail ballots -- Local supervision. |
22 | Each local board shall be authorized to appoint one or more bipartisan pairs of supervisors |
23 | in the manner that other bipartisan pairs of supervisors are appointed for each election, whose duty |
24 | it shall be to attend each person who makes an application for a mail ballot under §§ 17-20-2.1 and |
25 | 17-20-2.2, who does not fall under the provisions of § 17-20-14, and who requests that a bipartisan |
26 | pair of supervisors be sent by the board of canvassers to that person's place of residence for the |
27 | purpose of supervising or assisting the mail voter in casting his or her vote. The bipartisan pairs of |
28 | supervisors shall supervise the casting of votes by persons using the mail ballot at a place that |
29 | preserves their secrecy and shall take acknowledgments or serve as witnesses, and jointly provide |
30 | assistance, if requested, to assure proper marking, sealing, and mailing of ballots as voted. The |
31 | failure or neglect of any local board to appoint these bipartisan pairs, or the failure or neglect of |
32 | any pair to attend any place at which a mail voter's ballot may be used, or the marking, sealing, or |
33 | mailing of ballots in the absence of any pair, shall not invalidate any ballot. |
34 | 17-20-14.2. Voting from board of canvassers. |
| LC003657 - Page 16 of 23 |
1 | The local board of canvassers shall appoint as many supervisors as are necessary whose |
2 | duty it shall be to supervise the casting of votes by persons using mail ballots at a place that |
3 | preserves their secrecy and to take acknowledgments or serve as witnesses, and jointly provide |
4 | assistance, if requested, to assure proper marking, sealing, and mailing of ballots as voted. Every |
5 | certifying envelope containing a mail ballot cast at a board of canvassers must have the signature |
6 | of the elector notarized by an appointed person authorized by law to administer oaths or before two |
7 | (2) appointed witnesses who shall set forth their signature on the form. The certifying envelope of |
8 | any mail ballot voted at the local board of canvassers shall be stamped by the local board to indicate |
9 | it was voted on in conformance with the law. Every person who willfully hinders the local |
10 | supervisors in performing their duties as set forth in this section shall be guilty of a misdemeanor. |
11 | The local board shall transmit a list to the state board of elections containing the names and |
12 | signatures of people authorized to witness mail ballots. |
13 | 17-20-21. Certifying envelopes. |
14 | The secretary of state shall cause to be prepared and printed and shall furnish with each |
15 | mail ballot an envelope for sealing up and certifying the ballot when returned. The envelope shall |
16 | be printed in substantially the following form: |
17 | "After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to |
18 | statement hereon. Enclose in envelope addressed to board of elections, which must receive the |
19 | envelope not later than the time prescribed by § 17-18-11 for the closing of polling places on the |
20 | day of election." |
21 | Date of Election______________ City/Town of__________________ |
22 | Certificate of Voter |
23 | Print Name of Voter |
24 | I swear or affirm, under penalty of perjury, that I am: |
25 | I am a United States citizen; |
26 | I am a resident and qualified voter of the State of Rhode Island; |
27 | I am eligible to cast a mail ballot under the provisions of § 17-20-2; and |
28 | I am not qualified to vote elsewhere. I have not and will not vote elsewhere in |
29 | this election. |
30 | I hereby attest under the pains and penalty of perjury, that the enclosed voted |
31 | ballot was cast by me, and that the signature or mark on this certifying envelope was |
32 | made by me. |
33 | Voter must sign full name here: |
34 | (If unable to sign name because of physical incapacity or otherwise, voter shall make his |
| LC003657 - Page 17 of 23 |
1 | or her mark "(X)"). |
2 | I hereby attest under penalty of perjury that the enclosed voted ballot was cast, and the |
3 | signature or mark on this certifying envelope was made by the voter whose name appears on |
4 | the label above. |
5 | Before me the __________ day of ___________ 20____, at ___________ (city or town), |
6 | county of ___________, state of ____________, personally appeared the above named voter, |
7 | to me known and known by me to be the person who affixed his or her signature to this ballot |
8 | envelope. |
9 | ___________________________________ |
10 | Notary Public |
11 | Notary must also print his or her name |
12 | Witness: |
13 | ___________________________ ____________________________ |
14 | (Signature)(Print Name) (Address) |
15 | (Signature)(Print Name) (Address) |
16 | Note: Mail ballots must either be sworn to before a notary public or before two (2) |
17 | witnesses who must sign their names and addresses. |
18 | 17-20-23. Marking and certification of ballot. |
19 | (a) A voter may vote for the candidates of the voter's choice by making a mark in the space |
20 | provided opposite their respective names. |
21 | (b) In case a voter desires to vote upon a question submitted to the vote of the electors of |
22 | the state, the voter shall mark in the appropriate space associated with the answer that the voter |
23 | desires to give. |
24 | (c) Voters receiving a mail ballot pursuant to § 17-20-2(1), (2), and (4) shall mark the ballot |
25 | in the presence of two (2) witnesses or some officer authorized by the law of the place where |
26 | marked to administer oaths. Voters receiving a mail ballot pursuant to § 17-20-2(3) do not need to |
27 | have their ballot witnessed or notarized. Except as otherwise provided for by this chapter, the voter |
28 | shall not allow the official or witnesses to see how he or she marks the ballot and the official or |
29 | witnesses shall hold no communication with the voter, nor the voter with the official or witnesses, |
30 | as to how the voter is to vote. Thereafter, the The voter shall enclose and seal the ballot in the |
31 | envelope provided for it. The voter shall then execute before the official or witnesses the |
32 | certification on the envelope. The voter shall then enclose and seal the certified envelope with the |
33 | ballot in the envelope addressed to the state board and cause the envelope to be delivered to the |
34 | state board on or before election day. |
| LC003657 - Page 18 of 23 |
1 | (d) These ballots shall be counted only if received within the time limited by this chapter. |
2 | (e) There shall be a space provided on the general election ballot to allow the voter to write |
3 | in the names of persons not in nomination by any party as provided for in §§ 17-19-31 and 17-20- |
4 | 24. |
5 | 17-20-24.1. Irregularities in obtaining and casting mail ballots. |
6 | The requirements set forth by this chapter controlling mail ballot eligibility and the |
7 | procedure by which mail ballots are obtained and cast shall be strictly applied to assure the integrity |
8 | of the electoral system. No mail ballot which was not obtained and/or cast in material conformance |
9 | with the provisions of this title shall be certified by the board of elections. Notwithstanding the |
10 | provisions of § 34-12-3 to the contrary, any mail ballot application or mail ballot certification |
11 | notarized by a person who is not in fact a notary public or other officer authorized to administer |
12 | oaths and take acknowledgements shall be void. Nothing in this chapter shall be construed to |
13 | require the disqualification of a ballot merely because the elector did not sign the elector's full name |
14 | as it is listed on the voter registration list, but omitted or included a middle initial or name, |
15 | abbreviated a first and/or middle name, or made a similar omission or inclusion, as long as the |
16 | board of elections can reasonably determine the identity of the voter. |
17 | 17-20-30. Penalty for violations. |
18 | (a) Any person who knowingly makes or causes to be made any material false statement in |
19 | connection with his or her application to vote as a mail voter, or who votes or attempts to vote |
20 | under the provisions of this chapter, by fraudulently signing the name of another upon any envelope |
21 | provided for in this chapter, or who, not being a qualified voter and having knowledge or being |
22 | chargeable with knowledge of the fact, attempts to vote under this chapter, or who votes the ballot |
23 | of another voter, or who deliberately prevents or causes to prevent the mail ballot to be received by |
24 | the voter or to be returned to the board of elections, or who falsely notarizes or witnesses the voter |
25 | signature on the ballot application or mail ballot, or who deceives, coerces, or interferes with the |
26 | voter casting his or her ballot, and any person who does or attempts to do, or aid in doing or |
27 | attempting to do, a fraudulent act in connection with any vote cast or to be cast under the provisions |
28 | of this chapter, shall be guilty of a felony. |
29 | (b) Any person who, having received a mail voter's ballot and having voted or not voted |
30 | the mail ballot, votes or fraudulently attempts to vote at any elective meeting within the state held |
31 | on the day for which the ballot was issued shall be guilty of a felony. |
32 | (c) Any officer or other person who intentionally opens a mail voter's certified envelope or |
33 | examines the contents before the envelope is opened by the board of elections, as provided in this |
34 | chapter, shall be guilty of a felony. |
| LC003657 - Page 19 of 23 |
1 | (d) The offenses in this section shall be punishable by imprisonment of not more than ten |
2 | (10) years and/or by a fine of not less than five hundred dollars ($500) nor more than five thousand |
3 | dollars ($5000). |
4 | SECTION 6. Chapter 17-20 of the General Laws entitled "Mail Ballots" is hereby amended |
5 | by adding thereto the following sections: |
6 | 17-20-2.3. Online application for mail ballot. |
7 | (a) In addition to any other available means of applying for a mail ballot, the secretary of |
8 | state shall establish and maintain a system, through which voters may apply for a mail ballot online. |
9 | (b) Applications filed using such system shall be considered filed on the calendar date the |
10 | application is initially transmitted by the voter through the online mail ballot application system. |
11 | (c) A voter shall be able to apply for a mail ballot using the online ballot application system |
12 | when the voter: |
13 | (1) Completes an online mail ballot application form, established by the secretary of state, |
14 | substantially similar to the paper-based mail ballot application form established by § 17-20-13; |
15 | (2) Affirms, subject to penalty of perjury, by means of electronic or manual signature, that |
16 | the information contained in the mail ballot application is true; and |
17 | (3) Verifies the voter's identity by providing the voter's date of birth and a Rhode Island |
18 | driver's license number or state identification number. |
19 | (d) The portal for mail ballot applications shall be available in any language required by |
20 | federal or state voting rights laws. |
21 | (e) To ensure full, equal, and independent access to all voters with disabilities, the portal |
22 | for mail ballot applications shall comply with all requirements under Title II of the Americans with |
23 | Disabilities Act, 42 U.S.C. §§ 12131-12165, and Web Content Accessibility Guidelines (WCAG) |
24 | 2.0 compliance level AA. |
25 | 17-20-22.1. Mail ballot drop boxes. |
26 | (a) "Drop box" means the locked and secure container established and maintained by the |
27 | board of elections, in accordance with this section, that shall serve as a receptacle for the receipt of |
28 | mail and emergency ballots cast by voters. Every drop box established by the board of elections |
29 | shall be deemed to be the property of the board of elections and shall be accessible to the public, |
30 | beginning twenty (20) days prior to the date of a state election and twenty-four (24) hours per day |
31 | and seven (7) days per week throughout this period, if established outside a municipal building, |
32 | and during the normal business hours of the facility if established inside a municipal building. All |
33 | drop boxes must be accessible on election day, from the time polls open until the time they close, |
34 | in accordance with §§ 17-18-10 and 17-18-11. Any ballot that is cast by a voter, as either a mail |
| LC003657 - Page 20 of 23 |
1 | ballot, or emergency ballot and is deposited into a drop box on or before the close of polls on |
2 | election day, shall be deemed to be received by and in the possession of the board of elections. At |
3 | the close of polls on election day, upon the last ballot deposited by any person in line at that time, |
4 | a designated agent of the board of elections shall ensure that no other ballots are deposited in the |
5 | drop box. |
6 | (b) Drop boxes must be labeled "State of Rhode Island Official Ballot Drop Box for Mail |
7 | Ballots," and include language about postage and display the official seal of the board of elections. |
8 | Drop boxes must be accessible by persons with disabilities. Drop boxes shall be monitored by a |
9 | video surveillance system. |
10 | (c) No town or city shall have fewer than one drop box. A drop box may be established |
11 | inside a municipal building, only if the building remains open and accessible to the public |
12 | throughout the prescribed time period prior to election day and until the close of the polls, in |
13 | accordance with § 17-18-10. A drop box shall also be placed outside the Office of the Board of |
14 | Elections and the Election Division of the Office of the Secretary of State. Drop boxes must be |
15 | placed in locations that are accessible to persons with disabilities. |
16 | (d) The board of elections shall promulgate rules to implement this section, including rules |
17 | for the location of drop boxes and the receipt, storage, security, regular collection, and |
18 | transportation of the mail ballots returned, in accordance with this section. All rules promulgated |
19 | under this section shall be done in accordance with the rulemaking provisions of § 42-35-1, et seq. |
20 | (e) Each local board of canvassers shall determine the location of every drop box located |
21 | within the geographic area over which that local board has authority, in accordance with the rules |
22 | promulgated by the board of elections. |
23 | (f) Each drop box shall not accept the deposit of mail ballots after the last person in line to |
24 | deposit a ballot in that drop box at the time the polls close, on the day of the election, has deposited |
25 | their ballot. |
26 | (g) Each local board shall make the location of every drop box within the area over which |
27 | it has authority publicly available on its website, to the extent feasible. The board of elections shall |
28 | make the location of all drop boxes located within the state, publicly available at its office and on |
29 | its website. |
30 | (h) The board of elections shall designate one or more staff members of each local board |
31 | of canvassers, as the official agents of the board of elections, for purposes of retrieving ballots |
32 | deposited in drop boxes and, by regulations promulgated in accordance with the rulemaking |
33 | provisions of § 42-35-1, et seq., establish a schedule and process by which drop boxes are regularly |
34 | emptied and any ballots they contain are securely and promptly transported to the board of |
| LC003657 - Page 21 of 23 |
1 | elections. |
2 | SECTION 7. Section 17-20-32 of the General Laws in Chapter 17-20 entitled "Mail |
3 | Ballots" is hereby repealed. |
4 | 17-20-32. Inquiry by board of elections. |
5 | Upon the request of any candidate for public office and upon a showing of good cause for |
6 | it or upon its own motion, the board of elections shall inquire into any notary public or witness who |
7 | witnesses the voter signatures on more than fifty (50) mail ballot envelopes in any one election and |
8 | any notary public or witness who the board has reason to believe has not complied with the |
9 | provisions of this chapter. The inquiry shall attempt to determine whether the notary public or |
10 | witness was actually present when the documents were signed by the voters and whether all other |
11 | applicable requirements set forth in this chapter were complied with. Any criminal violation of this |
12 | chapter uncovered by the board of elections shall be referred to the state police for further |
13 | investigation. |
14 | SECTION 8. This act shall take effect upon passage. |
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LC003657 | |
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| LC003657 - Page 22 of 23 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO ELECTIONS -- SECRETARY OF STATE -- LET RI VOTE ACT | |
*** | |
1 | This act, to be known as the "Let RI Vote Act," would allow voting by mail without needing |
2 | an excuse, improve voter roll cleanup procedures, allow voters to apply for mail ballots through an |
3 | online system, allow long-term nursing home residents to receive mail ballot applications |
4 | automatically, codify mail ballot drop box requirements, remove the notary and witness |
5 | requirement for mail ballots, establish a voter information hotline, and allow more time to request |
6 | special Braille ballots. |
7 | This act would take effect upon passage. |
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LC003657 | |
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| LC003657 - Page 23 of 23 |