2022 -- H 7831

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LC004932

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

     Introduced By: Representatives Tanzi, Batista, Donovan, Ranglin-Vassell, Kislak,
Speakman, Knight, Kazarian, Amore, and McNamara

     Date Introduced: March 04, 2022

     Referred To: House State Government & Elections

     (Secretary of State)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-2.1, 17-20-2.2, 17-20-14.2, 17-20-21 and 17-20-23 of the

General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended to read as follows:

     17-20-2.1. Requirements for validity of mail ballot and mail ballot applications.

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

list of the city, town, or district of the city or town where the elector is qualified, and who desires

to avail himself or herself of the right granted to him or her by the Constitution and declared in this

chapter, may obtain from the local board in the city or town an affidavit form prepared by the

secretary of state as prescribed in this section, setting forth the elector's application for a mail ballot.

     (b) Whenever any person is unable to sign his or her name because of physical incapacity

or otherwise, that person shall make his or her mark "X".

     (c) The application, when duly executed, shall be delivered in person or by mail so that it

is received by the local board not later than four o'clock (4:00) p.m. on the twenty-first (21st) day

before the day of any election referred to in § 17-20-1.

     (d) In addition to those requirements set forth elsewhere in this chapter, a 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 Rhode Island address provided by the elector on the application. In order to be valid, the

signature on all certifying envelopes containing a voted ballot must be made before a notary public

or before two (2) witnesses who shall set forth their addresses on the form.

     (2) All applications for mail ballots pursuant to § 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 subdivision 17-20-2(2) shall be delivered

to the elector at the hospital, convalescent home, nursing home, or similar institution where the

elector is confined; and the ballots 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 to the address

provided by the elector on the application or sent to the board of canvassers in the city or town

where the elector maintains his or her voting residence. In order to be valid, the signature of the

elector on the certifying envelope containing voted ballots 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) may be mailed to the elector

at the address within the United States provided by the elector on the application or sent to the

board of canvassers in the city or town where the elector maintains his or her voting residence. In

order to be valid, the signature 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. 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.

     (e) 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.

     (f) In no way shall a mail ballot application be disqualified if the voter's circumstances

change between the time of making the application and voting his or her mail ballot as long as voter

remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board of

canvassers shall provide the state board of elections with written notification of any change in

circumstances to a mail ballot voter.

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

     (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, 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

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emergency mail ballot or may complete an emergency in-person mail ballot application on an

electronic poll pad at the board of canvassers where the elector maintains his or her residence.

     (b) The 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.

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

ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, in

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

     (1) All mail ballots issued pursuant to § 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 § 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 bipartisan 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 § 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 § 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 § 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

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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. 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.

     (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.

     (g) An emergency mail ballot application may be completed in person using an electronic

poll pad provided by the board of canvassers upon presentation by the voter of valid proof of

identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be

provided with a ballot issued by the secretary of state and upon completion of the ballot by the

voter, the voter shall place the ballot into the state-approved electronic voting device, provided by

the board of elections and secured in accordance with a policy adopted by the board of elections.

     17-20-14.2. Voting from board of canvassers.

     The local board of canvassers shall appoint as many supervisors as are necessary whose

duty it shall be to supervise the casting of votes by persons using mail ballots at a place that

preserves their secrecy and to take acknowledgments or serve as witnesses, and jointly provide

assistance, if requested, to assure proper marking, sealing, and mailing of ballots as voted. Every

certifying envelope containing a mail ballot cast at a board of canvassers must have the signature

of the elector notarized by an appointed person authorized by law to administer oaths or before two

(2) appointed witnesses who shall set forth their signature on the form. The certifying envelope of

any mail ballot voted at the local board of canvassers shall be stamped by the local board to indicate

it was voted on in conformance with the law. Every person who willfully hinders the local

supervisors in performing their duties as set forth in this section shall be guilty of a misdemeanor.

The local board shall transmit a list to the state board of elections containing the names and

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signatures of people authorized to witness mail ballots.

     17-20-21. Certifying envelopes.

     The secretary of state shall cause to be prepared and printed and shall furnish with each

mail ballot an envelope for sealing up and certifying the ballot when returned. The envelope shall

be printed in substantially the following form:

     "After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to

statement hereon. Enclose in envelope addressed to board of elections, which must receive the

envelope not later than the time prescribed by § 17-18-11 for the closing of polling places on the

day of election."

Date of Election______________ City/Town of__________________

Certificate of Voter

Print Name of Voter

     I swear or affirm, under penalty of perjury, that I am:

I am a United States citizen;

I am a resident and qualified voter of the State of Rhode Island;

I am eligible to cast a mail ballot under the provisions of § 17-20-2; and

I am not qualified to vote elsewhere.

     Voter must sign full name here:

     (If unable to sign name because of physical incapacity or otherwise, voter shall make his

or her mark "(X)").

     I hereby attest under penalty of perjury that the enclosed voted ballot was cast, and the

signature or mark on this certifying envelope was made by the voter whose name appears on

the label above.

     Before me the __________ day of ___________ 20____, at ___________ (city or town),

county of ___________, state of ____________, personally appeared the above named voter,

to me known and known by me to be the person who affixed his or her signature to this ballot

envelope.

___________________________________

      Notary Public

     Notary must also print his or her name

     Witness:

     ___________________________ ____________________________

     (Signature)(Print Name) (Address)

     (Signature)(Print Name) (Address)

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     Note: Mail ballots must either be sworn to before a notary public or before two (2)

witnesses who must sign their names and addresses.

     17-20-23. Marking and certification of ballot.

     (a) A voter may vote for the candidates of the voter's choice by making a mark in the space

provided opposite their respective names.

     (b) In case a voter desires to vote upon a question submitted to the vote of the electors of

the state, the voter shall mark in the appropriate space associated with the answer that the voter

desires to give.

     (c) Voters receiving a mail ballot pursuant to § 17-20-2(1), (2), and (4) shall mark the ballot

in the presence of two (2) witnesses or some officer authorized by the law of the place where

marked to administer oaths. Voters receiving a mail ballot pursuant to § 17-20-2(3) do not need to

have their ballot witnessed or notarized. Except as otherwise provided for by this chapter, the voter

shall not allow the official or witnesses to see how he or she marks the ballot and the official or

witnesses shall hold no communication with the voter, nor the voter with the official or witnesses,

as to how the voter is to vote. Thereafter, the voter shall enclose and seal the ballot in the envelope

provided for it. The voter shall then execute before the official or witnesses the certification on the

envelope. The voter shall then enclose and seal the certified envelope with the ballot in the envelope

addressed to the state board and cause the envelope to be delivered to the state board on or before

election day.

     (d) These ballots shall be counted only if received within the time limited by this chapter.

     (e) There shall be a space provided on the general election ballot to allow the voter to write

in the names of persons not in nomination by any party as provided for in §§ 17-19-31 and 17-20-

24.

     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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     This act would eliminate the requirement that the signature on all certifying envelopes

containing a mail ballot be made before a notary public or before two (2) witnesses.

     This act would take effect upon passage.

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LC004932

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