2023 -- S 0395

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LC001520

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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: Senators E Morgan, de la Cruz, Paolino, DeLuca, and Raptakis

     Date Introduced: February 16, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-20-2.1 of the General Laws in Chapter 17-20 entitled "Mail

Ballots" is 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) 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) Except as set forth in subsection (g) of this section, no person shall offer to mail or mail

another person's mail ballot. This prohibition does not apply to the spouse, court-appointed

guardian, cohabitant, or any adult person related by blood or marriage to the person voting by a

mail ballot. Any person who violates the provisions of this subsection, shall be guilty of a

misdemeanor and shall be subject to the penalties set forth in § 17-26-2.

     (f)(g) 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.

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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 require that only the mail ballot voter, their spouse, court appointed

guardian, cohabitant, or any adult person related to the voter by blood or marriage, be allowed to

physically mail the voted mail ballot. A violation would be a misdemeanor punishable by

imprisonment not to exceed one year or a fine not to exceed one thousand dollars ($1,000), or both.

     This act would take effect upon passage.

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