2023 -- H 5956

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LC002117

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

     Introduced By: Representatives J. Brien, Corvese, Phillips, Noret, Chippendale, O'Brien,
and Azzinaro

     Date Introduced: March 01, 2023

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-2.1 and 17-20-2.2 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 a form prepared by the secretary of

state as prescribed in this section, setting forth the elector’s application for a mail ballot or may

apply online in accordance with § 17-20-2.3.

     (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) To receive a ballot in the mail, an elector must submit an application in person or by

mail, so that it is received by the local board, or received electronically through the portal

established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the twenty-first (21st)

fourteenth 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 § 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 voter must

affix his or her signature on all certifying envelopes containing a voted ballot.

     (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 § 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.

     (3) All mail ballots issued pursuant to § 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 voter must affix his or her

signature on the certifying envelope containing voted ballots. 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, the Uniformed and Overseas Citizens Absentee Voting Act

(UOCAVA).

     (4) All mail ballots issued pursuant to § 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 voter must affix his or her signature on all certifying envelopes containing a voted

ballot. 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 the

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 is eligible to vote by

emergency mail ballot according to this chapter. Within twenty (20) thirteen (13) days or less prior

to any election, the elector may obtain from the local board an application for an 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.

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     (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, or received electronically through

the portal established by § 17-20-2.3, 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.

     (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 voter must

affix his or her signature on the certifying envelope containing a voted ballot. 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 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.

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, the Uniformed and Overseas

Citizens Absentee Voting Act (UOCAVA).

     (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

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 voter must affix his or her signature on all

certifying envelopes containing a voted ballot. 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.

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     (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.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

***

     This act would modify the timeline that an elector must submit an application to receive a

mail-in ballot from twenty-one (21) days prior to the day of election to fourteen (14) days prior to

the day of election. This act would also modify the application for any qualified elector to vote by

emergency mail ballot from twenty (20) days prior to the day of election to thirteen (13) days prior

to the day of election.

     This act would take effect upon passage.

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