2023 -- H 6273

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LC002767

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

     Date Introduced: April 07, 2023

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-2.2 and 17-20-3 of the General Laws in Chapter 17-20 entitled

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

     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) 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.

     (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.

     (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

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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.

     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.

     (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 physical incapacity or

otherwise.

     (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.

     SECTION 2. Chapter 17-19 of the General Laws entitled "Conduct of Election and Voting

Equipment, and Supplies" is hereby amended by adding thereto the following section:

     17-19-24.4. Early voting.

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     (a) An early voting ballot application may be completed in person using an electronic poll

pad provided by the board of canvassers, upon presentation of the voter of valid proof of identity,

pursuant to § 17-19-24.2. Upon the 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 the policy adopted by the board of elections.

     (b) Early voting shall commence on the fourteenth calendar day prior to election day and

shall be conducted on weekdays during the fourteen (14) day period. In the event that a municipality

desires to allow for early voting on the weekend days during the fourteen (14) day period, then the

municipality shall be so authorized. Early voting shall be conducted during normal business hours

of each municipality.

     (c) All the voter and election protections and procedures provided by this chapter 19 of this

title 17 on election day shall govern the prior fourteen (14) days of early voting.

     SECTION 3. 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 authorize early voting for the fourteen (14) calendar days immediately

preceding election day, while requiring that all the election day protections and procedures be

afforded to early voters.

     This act would take effect upon passage.

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