2022 -- H 7832

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LC004936

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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 -- CONDUCT OF ELECTION AND VOTING EQUIPMENT

AND SUPPLIES

     Introduced By: Representative Justine A. Caldwell

     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. Section 17-19-8.1 of the General Laws in Chapter 17-19 entitled "Conduct

of Election and Voting Equipment, and Supplies" is hereby amended to read as follows:

     17-19-8.1. Ballots for voters who are blind, visually impaired or disabled.

     (a) Any voter who is blind or visually impaired or disabled is eligible to request a special

ballot for voting by mail ballot. Special mail ballots are available in Braille or tactile format.

     (b) Requests must be made in writing to the local board of canvassers where the person is

registered to vote or through the electronic voter registration portal established in § 17-20-8 at least

forty-five (45) twenty-one (21) days before the election for which the voter is requesting the special

ballot. In addition, the request will be valid for all elections held during the calendar year in which

the request was received and in which the voter is eligible to participate. Applicants must also file

the appropriate mail ballot application as required by chapter 20 of this title for each election in

which they wish to participate. An applicant may request the special ballot when indicating that he

or she wishes to be a permanent mail voter, in accordance with § 17-20-8 and that request will be

valid for all subsequent elections, as long as the applicant remains a permanent mail voter.

     (c) The office of the secretary of state shall prepare and provide the appropriate form, which

shall be available at local boards and upon request from the office of the secretary of state. The

voter may also choose to submit his or her request in writing without using the form provided, as

long as the communication contains all of the required information. The request shall include the

following information:

     (1) The name and registered address of the voter;

     (2) A daytime telephone number;

     (3) An indication of whether this request is for the entire calendar year or only for the next

upcoming election;

     (4) The voter's political party affiliation, if the request for a special ballot is also for

primaries;

     (5) Indicate the special ballot format.

     (d) All requests received by local boards must be processed and forwarded to the office of

the secretary of state within twenty-four (24) hours of receipt. The secretary of state shall maintain

a list of all persons requesting special Braille or tactile mail ballots and must forward a copy of the

list to the state board of elections at least eighteen (18) days before the date of any election.

     (e) The state board may adopt rules and regulations for the procedure for the manual

reproduction of voted ballots, when necessary, and the tabulation of Braille and tactile mail ballots.

     (f) The office of the secretary of state shall be responsible for the preparation and

distribution of special Braille and tactile mail ballots. Whenever possible, the secretary of state

shall prepare the Braille or tactile mail ballot so that the voted ballot can be read by the tabulation

equipment, rather than being manually reproduced by election officials onto a machine readable

ballot.

     (g) The office of the secretary of state may adopt rules and regulations setting forth the

procedure for the preparations and distribution of the Braille and tactile mail ballots.

     (h) The office of the secretary of state shall prepare and publish a guide describing the types

of ballots available and the manner in which each ballot can be voted. This guide shall be revised

whenever the types of ballots available are updated. This guide shall be available in print, Braille,

audio, or other accessible formats.

     (i) The office of the secretary of state shall establish a special Braille and tactile ballot

program for voters who are blind or visually impaired. The office of the secretary of state shall

expand the special ballot service to other voters with disabilities, as feasible, as determined by the

secretary of state, and incorporate other accessible formats as technology and resources allow.

     (j) In accordance with the Help America Vote Act of 2003, the voting system at each

polling place shall be accessible for individuals with disabilities, including nonvisual accessibility

for the blind and visually impaired, in a manner that provides the same opportunity for access and

participation as for other voters.

     SECTION 2. Sections 17-20-8 and 17-20-10 of the General Laws in Chapter 17-20 entitled

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"Mail Ballots" are hereby amended to read as follows:

     17-20-8. Application for ballot.

     (a) 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".

     (b) Notwithstanding any other provision of this chapter as to time and manner thereof, it

shall be the duty of the applicant to cause the mail ballot application or the emergency mail ballot

application, as the case may be, to be processed by the local board so that the applicant may receive

the ballot, cast it, and cause delivery thereof to be made to the state board not later than eight o'clock

(8:00) p.m. on the date of election.

     (c) The local board shall maintain a separate list of names and addresses of all applicants

and their subscribing witnesses and a copy of the list shall be made available for inspection to any

person upon request.

     (d) Any voter may apply to receive an absentee ballot, in accordance with § 17-20-2.1, in

one of the following ways:

     (1) By indicating that the voter wants to receive a ballot for the next upcoming general

election.

     (2) By indicating that the voter wants to receive a ballot for the next upcoming primary and

general elections.

     (3) By indicating that the voter wants to be a permanent mail voter and receive a ballot for

all elections covered under § 17-20-1 in perpetuity, until the voter indicates otherwise by

application or through the state’s online voter registration portal.

     (e) The secretary of state shall maintain a list within the central voter register system of all

voters who are eligible to remain on the permanent mail voter list, as described in subsection (d)(3)

of this section.

     (d)(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.

     17-20-10. Certification of applications -- Issuance of ballots -- Marking of lists --

Mailing address.

     (a) Upon receipt of the application, the local board shall immediately examine it and

determine whether it complies with each of the requirements set forth by this chapter and compare

the signature on the ballot application with the signature contained on the original registration card,

except as may be otherwise provided by law, to satisfy itself that the applicant is a qualified voter.

Upon determining that it does meet each requirement of this chapter and that the signature appears

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to be the same, the local board shall mark the application "accepted" and record in the space

provided on the ballot application the senatorial, representative, and voting district in which the

applicant should vote.

     (b) The local board shall also record the city or town code and district information in the

mailing label section of the mail ballot application. The local board shall also print or type the name

of the elector and the complete mailing address in that section. If the local board does not accept

the application, the local board shall return the application to the elector, together with a form

prescribed by the secretary of state, specifying the reason or reasons for the return of the application.

     (c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election

referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs

first, the local board shall certify the applications to the secretary of state through the CVRS system

as this procedure is prescribed by the secretary of state. Upon the certification of a mail ballot

application to the secretary of state, the local board shall enter on the voting list the fact that a mail

ballot application for the voter has been certified and shall cause the delivery of the certified mail

ballot applications together with the signed certified listing thereof in sealed packages to the state

board of elections.

     (d)(1) Upon the ballots becoming available, but not sooner than thirty (30) days before a

primary election, the secretary of state shall immediately issue and mail, by first-class mail, postage

prepaid, a mail ballot to each eligible voter who has been certified. With respect to voters who have

applied for these mail ballots under the provisions of § 17-20-2(1), the secretary of state shall

include with the mail ballots a stamped, return envelope addressed to the board of elections or who

appears on the list of permanent mail voters.

     (2) The secretary of state shall include on the mail ballot envelope a numerical or

alphabetical code designating the city or town where the voter resides. The secretary of state shall

immediately thereafter indicate on the voter's record that the secretary of state has sent mail ballots;

provided that this mark shall serve solely to indicate that a mail ballot has been issued and shall not

be construed as voting in the election.

     (e) Prior to each election, the secretary of state shall also furnish to the chairperson of the

state committee of each political party a list of the names and residence addresses of all persons to

whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for

political office, upon request, a list of the names and residence addresses of all persons to whom

mail ballots have been issued within his or her district.

     (f) If a ballot is returned to the secretary of state by the postal service as undeliverable, the

secretary of state shall consult with the appropriate local board to determine the accuracy of the

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mailing address, and the secretary of state shall be required to remail the ballot to the voter using

the corrected address provided by the local board. If the local board is unable to provide a different

address than that to which the ballot was originally mailed, the ballot shall be reissued by the

secretary of state to the board of canvassers in the city or town where the voter resides utilizing the

numerical or alphabetical code established in subsection (d) of this section. The board shall then

attempt to notify the voter at his or her place of residence that the ballot has been returned as

undeliverable. The ballot must be voted and witnessed in accordance with the provisions of this

chapter.

     (g) The acceptance of a mail ballot application by the board of canvassers and the issuance

of a mail ballot by the secretary of state shall not create any presumption as to the accuracy of the

information provided by the applicant or as to the applicant's compliance with the provisions of

this chapter. Any inaccuracy in the provided information or irregularity in the application may be

raised as a challenge to the ballot before the board of elections at the time of certification. If the

challenge raised at that time is meritorious, the ballot shall be voided.

     (h) Within two (2) business days of receipt by the local board, the board shall certify

emergency mail ballot applications and shall cause the delivery of the emergency mail ballot

applications, and certification sheet in sealed packages to the state board of elections.

     SECTION 3. This act shall take effect upon passage.

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LC004936

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT

AND SUPPLIES

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     This act would amend certain provisions relative to the application for absentee mail

ballots, including a process to be included on a permanent mail voter list.

     This act would take effect upon passage.

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LC004936

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