2023 -- H 6032

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LC002084

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

     Introduced By: Representative Evan P. Shanley

     Date Introduced: March 01, 2023

     Referred To: House State Government & Elections

     (Board of Elections)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-2.1, 17-20-3, 17-20-8, 17-20-10, 17-20-13 and 17-20-21 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 a physical incapacity

or otherwise, that person shall make his or her mark “X” the voter or their assistant shall mark a

box to indicate the voter cannot sign due to a physical incapacity and include the full name,

residence address, and signature of the person who provided assistance to the voter on a form

provided by the secretary of state. The representation relating to a physical incapacity shall be made

under the pains and penalties of perjury.

     (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) 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.

     17-20-3. Definitions.

     (a) Wherever used in this chapter, every word importing only the masculine gender is

construed to extend to, and include, females as well as males.

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     (b) Whenever used in this chapter, “bipartisan pairs of supervisors” for primaries means a

supervisor representing the endorsed candidates and a supervisor representing a majority of

unendorsed candidates, and for nonpartisan elections and primaries means non-partisan pairs of

supervisors.

     (c) Wherever used in this chapter, “employed outside of the United States” includes any

person who is:

     (1) Employed by any agency, department, or division of the United States government and

who, by reason of that employment, resides outside of the continental United States;

     (2) Employed outside the territorial limits of the United States; or

     (3) A spouse or dependent residing with persons so employed.

     (d) Wherever used in this chapter, “services intimately connected with military operations”

includes members of religious groups or welfare agencies assisting members of the armed forces

who are officially attached to and serving with the armed forces and their spouses and dependents,

and the spouses and dependents of members of the armed forces and of the merchant marine;

provided, that the spouses and dependents are residing outside of the state with the members of the

armed forces, merchant marine, or members of the religious or welfare agencies.

     (e) Whenever a signature is required by a voter in this chapter, “signature” also means the

voter’s mark “X” if the person is unable to sign his or her name because of a physical incapacity or

otherwise or by affixing the voter's signature by a person providing assistance to the voter in

accordance with the requirements of this chapter.

     (f) Whenever used in this chapter, “bipartisan” means not of the same recognized political

party.

     (g) Whenever used in this chapter, “emergency” voting pursuant to § 17-20-2.2(g) shall be

construed to mean “early” voting.

     17-20-8. Application for ballot.

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

or otherwise, that person shall make his or her mark “X” the voter or their assistant shall mark a

box to indicate the voter cannot sign due to a physical incapacity and include the full name,

residence address, and signature of the person who provided assistance to the voter on a form

provided by the secretary of state. The representation relating to a physical incapacity shall be made

under the pains and penalties of perjury.

     (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

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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 a copy of the list shall be made available for inspection to any person upon request.

     (d) 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.

     (e) Voters shall be able to apply for a mail ballot electronically through the voter

registration portal established by § 17-20-2.3.

     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

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.

     (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

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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

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.

     17-20-13. Form of application.

     The application to be subscribed by the voters before receiving a mail ballot shall, in

addition to those directions that may be printed, stamped, or written on it by authority of the

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secretary of state, be in substantially the following form:

STATE OF RHODE ISLAND

APPLICATION OF VOTER FOR BALLOT FOR ELECTION

ON_________________________________________

(COMPLETE HIGHLIGHTED SECTIONS)

NOTE — THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF

CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M ON

_______________

BOX A (PRINT OR TYPE)

NAME_________________________________________

VOTING ADDRESS_________________________________________

CITY/TOWN_______________________________________ STATE RI

ZIP CODE_________________________________________

DATE OF BIRTH_______________________

PHONE #_________________________________________

BOX B (PRINT OR TYPE)

NAME OF INSTITUTION (IF APPLICABLE) _____________________________

ADDRESS_________________________________________

ADDRESS_________________________________________

CITY/TOWN_______________________________________ STATE___________

ZIP CODE_________________________________________

FACSIMILE NUMBER (if

applicable)_________________________________________

     I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING

BASIS: (CHECK ONE ONLY)

     ( ) 1. I am incapacitated to such an extent that it would be an undue hardship to vote at the

polls because of illness, mental or physical disability, blindness, or a serious impairment of

mobility. If the ballot is not being mailed to your voter registration address (BOX A above) please

provide the Rhode Island address where you are temporarily residing in BOX B above.

     ( ) 2. I am confined in a hospital, convalescent home, nursing home, rest home, or similar

institution within the State of Rhode Island. Provide the name and address of the facility where you

are residing in BOX B above.

     ( ) 3. I am employed or in service intimately connected with military operations or because

I am a spouse or dependent of such person, or I am a United States citizen and will be outside the

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United States. Complete BOX B above or the ballot will be mailed to the local board of canvassers.

     ( ) 4. I choose to vote by mail. If the ballot is not being mailed to your voter registration

address (BOX A above) please provide the address within the United States where you are

temporarily residing in BOX B above. If you request that your ballot be sent to your local board of

canvassers please indicate so in BOX B above.

     BOX D OATH OF VOTER

     I declare that all of the information I have provided on this form is true and correct to the

best of my knowledge. I further state that I am not a qualified voter of any other city or town or

state and have not claimed and do not intend to claim the right to vote in any other city or town or

state. If unable to sign name because of a physical incapacity or otherwise, the applicant shall make

his or her mark “X” the box to indicate the voter cannot sign due to a physical incapacity and

include the full name, residence address, and signature of the person who provided assistance to

the voter.

     SIGNATURE IN FULL_________________________________________

     Please note: A Power of Attorney signature is not valid in Rhode Island.

     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 have not and will not vote elsewhere in this election.

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

cast by me, and that the signature or mark on this certifying envelope was made by me.

     Voter must sign full name here: _______________________________________

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

or her mark “(X)”) the voter or their assistant shall mark a box to indicate the voter cannot sign due

to a physical incapacity and include the full name, residence address, and signature of the person

who provided assistance to the voter on the certifying envelope provided by the secretary of state.

The representation relating to physical incapacity shall be made under the pains and penalties of

perjury.

     SECTION 2. This act shall take effect upon passage.

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LC002084

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

***

     This act would eliminate the requirement of signing with an "X" for voters who cannot

sign their name due to a physical incapacity and would require that a box is checked on the

application or ballot certification envelope and any person providing assistance to the voter in

signing the ballot must provide their signature and information.

     This act would take effect upon passage.

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LC002084

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