2023 -- H 5958

========

LC001251

========

     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 Vella-Wilkinson, Morales, and Casimiro

     Date Introduced: March 01, 2023

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-20-10 of the General Laws in Chapter 17-20 entitled "Mail

Ballots" is hereby amended to read as follows:

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

Mailing address.

     (a)(1) 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

or on the central voter registration system, 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 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.

     (2) Any application marked "accepted" pursuant to the provisions of subsection (a)(1) of

this section shall allow the voter to chose to vote by mail ballot for a period of up to two (2) years

for both the primary and general elections in the year in which they submit the absentee voting

application and in the year thereafter, if necessary. The secretary of state shall prescribe any forms

and instructions necessary to implement this subsection.

     (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 central voter

registration 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, 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.

     (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

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

LC001251 - Page 2 of 4

undeliverable. The ballot must be voted 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 2. This act shall take effect upon passage.

========

LC001251

========

LC001251 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

***

     This act would allow voters to chose to vote by mail for a period of two (2) years for both

the primary and general elections in the year they submit their absentee voting application or the

year thereafter upon acceptance by their local boards of canvassers.

     This act would take effect upon passage.

========

LC001251

========

LC001251 - Page 4 of 4