2023 -- H 6104 SUBSTITUTE A AS AMENDED

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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 Lauren H. Carson

     Date Introduced: March 03, 2023

     Referred To: House State Government & Elections

     (Board of Elections)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-20-22.1 of the General Laws in Chapter 17-20 entitled "Mail

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Ballots" is hereby amended to read as follows:

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     17-20-22.1. Mail ballot drop boxes.

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     (a) “Drop box” means the locked and secure container established and maintained by the

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board of elections, in accordance with this section, that shall serve as a receptacle for the receipt of

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mail and emergency ballots cast by voters. Every drop box established by the board of elections

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shall be deemed to be the property of the board of elections and shall be accessible to the public,

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beginning twenty (20) thirty-five (35) days prior to the date of a state election and twenty-four (24)

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hours per day and seven (7) days per week throughout this period, if established outside a municipal

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building, and during the normal business hours of the facility if established inside a municipal

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building. All drop boxes must be accessible on election day, from the time polls open until the time

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they close, in accordance with §§ 17-18-10 and 17-18-11. Any ballot that is cast by a voter, as

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either a mail ballot or emergency ballot, and is deposited into a drop box on or before the close of

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polls on election day, shall be deemed to be received by and in the possession of the board of

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elections. At the close of polls on election day, upon the last ballot deposited by any person in line

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at that time, a designated agent of the board of elections shall ensure that no other ballots are

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deposited in the drop box.

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     (b) Drop boxes must be labeled “State of Rhode Island Official Ballot Drop Box for Mail

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Ballots,” and include language about postage and display the official seal of the board of elections.

 

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Drop boxes must be accessible by persons with disabilities. Drop boxes shall be monitored by a

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video surveillance system.

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     (c) No town or city shall have fewer than one drop box. A drop box may be established

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inside a municipal building, only if the building remains open and accessible to the public

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throughout the prescribed time period prior to election day and until the close of the polls, in

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accordance with § 17-18-10. A drop box shall also be placed outside the office of the board of

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elections and the election division of the office of the secretary of state. Drop boxes must be placed

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in locations that are accessible to persons with disabilities.

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     (d) Each local board of canvassers shall determine the location of every drop box located

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within the geographic area over which that local board has authority, in accordance with the

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regulations promulgated by the board of elections.

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     (e) Each drop box shall not accept the deposit of mail ballots after the last person in line to

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deposit a ballot in that drop box at the time the polls close, on the day of the election, has deposited

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their ballot.

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     (f) Each local board shall make the location of every drop box within the area over which

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it has authority publicly available on its website, to the extent feasible. The board of elections shall

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make the location of all drop boxes located within the state publicly available at its office and on

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its website.

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     (g) The board of elections shall designate one or more staff members of each local board

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of canvassers as the official agents of the board of elections, for purposes of retrieving ballots

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deposited in drop boxes and establish a schedule and process by which drop boxes are regularly

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emptied and any ballots they contain are securely and promptly transported to the board of

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elections.

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     (h) The board of elections shall promulgate regulations consistent with this section,

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including regulations for the location of drop boxes and the receipt, storage, security, regular

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collection, and transportation of the mail ballots returned.

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     (i) The board of elections may promulgate regulations for the use of drop boxes for

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depositing mail ballot applications during the applicable timeframe for accepting mail ballot

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applications.

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     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 allow mail ballot drop boxes to be opened thirty (30) days prior to election

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day.

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     This act would take effect upon passage.

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