CHAPTER 056
2001-H 5850A am
Enacted 7/2/2001


A  N     A   C   T

RELATING TO ELECTIONS

Introduced By:  Representatives Lewiss, Shanley, Coderre, Vieira and Flaherty Date Introduced:   February 6, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Sections 17-20-2, 17-20-2.1, 17-20-3, 17-20-4, 17-20-5, 17-20-6, 17-20-6.1, 17-20-8, 17-20-9, 17-20-10, 17-20-13, 17-20-14.1, 17-20-21, 17-20-22 and 17-20-23 of the General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended to read as follows:

17-20-2. Eligibility for mail ballots -- Any elector otherwise qualified may vote by mail ballot in the following circumstances:

(1) An elector who will be absent from the state on the day of election during the entire period of time when the polls are to be open;

(2) An elector who will be absent from the city or town of his or her voting residence on the day of election during the entire period of time when the polls are to be open due to the elector's status as a student or the spouse of a student at an institution of higher learning located within this state;

(3) An elector who is incapacitated to such an extent that it would be an undue hardship to vote at the polls due to because of illness, or mental or physical disability, other than blindness or one seriously impairing, or serious impairment of mobility; provided, that the illness or disability is attested to by a physician or Christian Science practitioner who is familiar with the elector's medical condition;

(4) An elector who is forbidden by the tenets of his or her religious faith from engaging in secular activity including voting on the day of election;

(5) An elector who is confined in any hospital, convalescent home, nursing home, rest home, or similar institution, public or private;

(6) An elector who is being detained while awaiting trial or is being imprisoned for any cause other than final conviction of a felony and by reason of confinement is unable to vote at the polls;

(7) An elector who will be temporarily absent from the state because of employment or service intimately connected with military operations or who is a spouse or legal dependent residing with that person;

(8) An elector who is employed by the state board of elections, elections division of the secretary of state, or is a member of the staff of a local canvassing authority, or a poll worker assigned to work on Election Day outside of their voting district.;

(9) An elector who is disabled by virtue of having a temporary or permanent physical disability. "Disability" for the purpose of this chapter means blindness or a serious impairment of mobility which prevents the elector from voting at the polls;

(10) During the emergency mail ballot period only, an elector who is assigned to work election day under section 17-11-7.1.

17-20-2.1. Requirements for validity of mail ballots. - (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 so 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 an affidavit form prepared by the secretary of state as prescribed in this section, setting forth the elector's application for a mail ballot.

(b) Whenever any person shall be unable to sign his or her name because of physical incapacity or otherwise, that person shall make his or her mark "X".

(c) The application, when duly executed, shall be delivered in person or by mail so that it shall be received by the local board 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 section 17-20-1. 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 applications for mail ballots pursuant to subdivision (1) of section 17-20-2 must state under oath the locality where the elector will be on election day that the elector will be absent from the state on the day of election during the entire period of time the polls are to be open. All applications for mail ballot made pursuant to said subdivision must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to that subdivision shall be mailed to the elector at an address outside the state of Rhode Island to be 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, all ballots mailed to the elector out of state must be voted outside the state of Rhode Island and the signature of the elector notarized by a person authorized by law to administer oaths in the state or country where signed or where the elector voted, or before two (2) witnesses who shall set forth their addresses on the form, and must be mailed from outside the state of Rhode Island. In order to be valid, all ballots sent to the elector at the board of canvassers must be voted in private at the board and the signature of the elector witnessed by a pair of supervisors, appointed in conformance with this chapter, who shall return the completed ballot to the board of elections for certification.

(2) All applications for mail ballots pursuant to subdivision (2) of section 17-20-2 must state under oath the institution of higher learning at which the elector or spouse of the elector is a student. All applications for mail ballot made pursuant to said subdivision must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to that said subdivision shall be sent to the elector at the address of the institution of higher learning provided by the elector on the application or to the elector at his or her voting residence. at the board of canvassers in the city or town where the institution of higher learning is located and must be voted in private and the signature of the elector witnessed by a pair of supervisors, appointed in conformance with this chapter, who shall return the completed ballot to the board of elections for certification. The ballots may be voted and witnessed by a pair of supervisors at the board or at any other location within the city or town that the board of canvassers deems appropriate. The signature of the elector on ballots being sent to the elector at their institution of higher learning must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses.

(3) All applications for mail ballots pursuant to subdivision (3) of section 17-20-2 must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. must be accompanied by a certificate from a licensed physician or a Christian Science practitioner who is personally familiar with the elector's medical condition stating the location of his or her medical offices, the date when that physician or practitioner last examined the elector, and attesting that because of illness or disability it would be an undue hardship for the elector to vote at the polls. An elector who is permanently disabled may file a certificate by a licensed physician or a Christian Science practitioner attesting to the illness or the disability with the appropriate board of canvassers and thereafter shall be relieved of the requirement of filing a physician's certificate with subsequent applications for a mail ballot for a period of five (5) years from the date of the certificate. The state board of elections shall prepare forms for physicians and practitioners to use in making the certification as required in this section and shall distribute the forms prior to each general election to those physicians licensed to practice medicine in this state and, upon request, to any other persons and at any other times as necessary. The forms shall also be made available at each board of canvassers. It is not required that a physician or practitioner use the form in certifying the illness or disability of a voter as long as the certification provided contains all of the required information. Any physician knowingly and willfully making a false certification and any person knowingly and willfully aiding and abetting in the making of a false certification shall be guilty of a felony. All mail ballots issued pursuant to that said subdivision shall be mailed to the elector at his or her voting residence. The signature of the elector on ballots being sent to the elector pursuant to this subdivision does not need to be notarized or witnessed.

(4) All applications for mail ballots pursuant to subdivision (4) of section 17-20-2 must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to said subdivision (4) of section 17-20-2 shall be sent to the elector at the board of canvassers in the city or town where he or she resides and must be voted in private at the board and the signature of the elector witnessed by a pair of supervisors, appointed in conformance with this chapter, who shall return the completed ballot to the board of elections for certification. his or her voting residence. The signature of the elector on the ballots being sent to the elector must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses.

(5) All applications for mail ballots pursuant to subdivision (5) of section 17-20-2 must state under oath the name and location of the hospital, convalescent home, nursing home, or similar institution where the elector is confined. All applications for mail ballots pursuant to said subdivision must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to said subdivision (5) of section 17-20-2 shall be mailed delivered to the elector at the hospital, convalescent home, nursing home, or similar institution where the elector is confined; and the ballots shall be voted and witnessed in conformance with the provisions of section 17-20-14.

(6) All applications for mail ballots pursuant to subdivision (6) of section 17-20-2 must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to that said subdivision (6) of section 17-20-2 shall be mailed to the elector at the elector's place of confinement. The signature of the elector on ballots being sent to the elector must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses.

(7) All applications for mail ballots made pursuant to subdivision (7) of section 17-20-2 do not need to be witnessed or notarized. All mail ballots issued pursuant to said subdivision (7) of section 17-20-2 shall be mailed to the elector at an address outside the state of Rhode Island to be 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. The signature of the elector on ballots being sent to the elector pursuant to this subdivision does not need to be notarized or witnessed.

(8) All applications for mail ballots pursuant to subdivision (8) of section 17-20-2 must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to said subdivision (8) of section 17-20-2 to an elector who is employed by the state board of elections shall be mailed or delivered to the elector at the state board of elections. All mail ballots issued pursuant to said subdivision to a member of the staff of the elections division of the office of the secretary of state shall be mailed or delivered to the elector at the state board of elections. All mail ballots issued pursuant to said subdivision (8) of section 17-20-2 to a member of the staff of a local canvassing authority shall be mailed or delivered to the elector at his or her local board of canvassers. All mail ballots issued pursuant to said subdivision to a poll worker assigned to work Election Day outside of their voting district shall be mailed or delivered to the elector at his or her local board of canvassers. All ballots being sent to the elector pursuant to this subdivision must be voted in private at the state board or the local board, as the case may be, and the signature of the elector witnessed by a pair of supervisors, appointed in conformance with this chapter.

(9) All applications for mail ballots pursuant to subdivision (9) of section 17-20-2 must state under oath the nature of the disability (either blindness or mobility impairment) and whether it is permanent or temporary. The applications of electors having a temporary or permanent physical disability are not required to be notarized, but must be witnessed and signed by two (2) persons eighteen (18) years of age or older if it is not notarized. All mail ballots issued pursuant to that subdivision shall be mailed to the elector at his or her voting residence.

(10) All mail ballots issued pursuant to subdivision (10) of section 17-20-2 shall be mailed or delivered to the elector at his or her local board of canvassers.

(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 and shall be subject to the penalties provided for in section 17-26-1.

17-20-3. Definitions -- (a) Wherever used in this chapter, every word importing the masculine gender only shall be construed to extend to and include females as well as males.

(b) Whenever used in this chapter, the term "bipartisan pairs of supervisors" shall be construed for primaries to mean a supervisor representing the endorsed candidates and a supervisor representing a majority of unendorsed candidates, and "nonpartisan elections and primaries" shall be construed to mean nonpartisan pairs of supervisors.

(c) Wherever used in this chapter, the term "services intimately connected with military operations" shall be construed to include 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 shall be residing outside of the state with the members of the armed forces, merchant marine, or members of the religious or welfare agencies.

(d) Whenever a signature is required by a voter in this chapter, "signature" shall also mean the voter's mark "X" if the person is unable to sign his or her name because of physical incapacity or otherwise.

(e) Wherever used in this chapter, the term "employed outside of the United States" shall be construed to include any person who is: (1) employed by any agency, department or division of the United States government and who by reason of such 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.

17-20-4. Exemption from registration -- Any member of the armed forces or of the merchant marine of the United States in active service, and any person absent from the state in the performance of "services intimately connected with military operations", as defined in section 17-20-3(c), and any person who is employed outside of the United States, as defined in section 17-20-3(d) by any agency, department or division of the United States government and who by reason of this employment resides outside of the continental United States, and any person employed outside the territorial limits of the United States who, except for registration, would be a qualified elector of this state, shall be exempt during the period of his or her service or employment and for two (2) years thereafter from the registration requirements of the Constitution of this state.

17-20-5. Residence of person in service. - Residence of person in service or employed outside of the United States. -- The "residence", as defined in section 17-1-3.1, of any person immediately prior to the commencement of that person's active service as a member of the armed forces or of the merchant marine of the United States, or immediately prior to his or her absence from the state in the performance of "services intimately connected with military operations" as defined in section 17-20-3(c), or immediately prior to his or her employment outside of the United States as defined in section 17-20-3(e), shall, for the purposes of this chapter, continue to be that person's residence during the time of his or her service and for a period of two (2) years thereafter, unless the person changes his or her residence by registering or by taking other appropriate action to qualify to vote in another city or town within this state or in another state.

17-20-6. Alternative methods of voting -- Any qualified elector, who is a member of the armed forces or of the merchant marine of the United States or who is absent from the state in the performance of "services intimately connected with military operations" as defined in section 17-20-3(c), and any qualified elector of this state exempt from registration under section 17-20-4, shall have the right to vote at his or her option during the period of his or her service and for two (2) years thereafter by any one of the following methods:

(1) If the person is present within the state on the day of any election, that person has the right to vote in the manner prescribed in chapter 19 of this title, subject to any other provisions of this chapter.

(2) If the person is without absent from the state on the day of any election, that person has the right to vote by absentee ballot in accordance with the provisions of this chapter upon compliance with the provisions of it.

(3) (i) The elector may cast an official federal absentee ballot federal write-in absentee ballot "FWAB", in accordance with the laws of the United States; and

(ii) The elector may use the "FWAB" to cast a vote for each federal, state and local office for which he or she is entitled to vote in a general, primary or special election.

(4) The elector may also cast an official state blank ballot issued by the office of the secretary of state in accordance with this chapter.

17-20-6.1. Alternative methods of voting by citizens covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) -- It is the intent and purpose that the provisions set forth in this section are designed to facilitate the federal mandate of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA, 42 U.S.C. 1973ff et seq.)

(1) The Federal Post Card Application (FPCA) may be used as a request for an absentee ballot by:

(i) A member of the armed forces who is absent from the state by reason of being in active service;

(ii) Any person absent from the state in performance of "services intimately connected with military operations as defined in section 17-20-3(c); and

(iii) Any person who is 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; and outside of the United States as defined in section 17-20-3(d).

(iv) Any person employed outside the territorial limits of the United States.

(2) The single FPCA card shall permit the person to request an absentee ballot for each primary and election held within that calendar year for which the voter is eligible to vote.

(3) The FPCA card must be received by the local board of canvassers where the person last maintains his or her residence for voting purposes within the time frame for applying for absentee ballots as set forth in this title.

(4) If the FPCA, when used in accordance with this section, is sent by the voter through electronic transmission, it must be sent to the state board of elections and it must be received by the state board by the deadline for applying for absentee ballots as set forth in this title. The state board shall then forward the FPCA to the appropriate local authority who shall immediately certify and forward the FPCA to the secretary of state with the notation that the corresponding ballots shall be sent by mail and electronic transmission. The secretary of state shall transmit ballots only to the facsimile number provided by the Federal Voter Assistance Program. The ballots sent by electronic transmission may also be returned to the state board by electronic transmission. These ballots will be counted at the state board in accordance with rules and regulations promulgated by the state board.

(5) The voter's signature on the FPCA does not need to be witnessed or notarized, when the FPCA is submitted as provided in this section.

(6) If a voter is casting a mail ballot received through the use of the FPCA card as provided in this section, the voter's signature does not need to be witnessed or notarized on the certifying envelope used for the return of the voted mail ballot.

17-20-8. Application for ballot -- (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 qualified, and desiring 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 an affidavit form prepared by the secretary of state as prescribed in this section, setting forth the elector's application for a mail ballot.

(b) The mail voter shall execute the application form in full and subscribe the voter's name to it. The application, unless made pursuant to subdivision (7) or subdivision (9) of section 17-20-2, shall be subscribed to before a notary public or two (2) witnesses who shall affix their respective signatures and addresses to the application under the pain and penalty of perjury.

(c) Whenever any person is unable to sign his or her name because of physical incapacity or otherwise, that person may make his or her mark "X."

(d) The application, when executed, shall be delivered in person or by mail so that it is received by the local board 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 section 17-20-1.

(a) Whenever any person shall be unable to sign his or her name because of physical incapacity or otherwise that person shall make his or her mark "X".

(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 the ballot, cast it, and cause delivery thereof to be made to the state board not later than nine o'clock (9:00) p.m. on the date of election.

(e) (c) The local board shall maintain a separate list of names and addresses of all applicants and their subscribing witnesses 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.

(f) 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 qualified, who on account of circumstances manifested twenty (20) days or less prior to any election becomes eligible to vote by mail ballot according to this chapter, or who is assigned to work election day under section 17-11-7.1, may obtain from the local board an application for an emergency mail ballot. The elector shall execute the application in accordance with the requirements of this chapter, which application shall be accompanied by a certificate setting forth the facts relating to the circumstances necessitating the application, or in the case of a voter requesting the ballot on medical grounds pursuant to either subdivision (3) or subdivision (9) of section 17-20-2, a certificate of a licensed physician or of a Christian Science practitioner setting forth the location of his or her medical offices or the Christian Science practitioner's office, the date when that physician last examined the elector, or in the case of a Christian Science practitioner, when the practitioner last treated the elector, and attesting that the illness or disability did not manifest itself until twenty (20) days or less prior to the date of the election and that as a result it would be an undue hardship for the elector to vote at the polls based upon a physical examination performed by that physician or an observation by that Christian Science practitioner, and may be delivered to the local board not later than twelve o'clock (12:00) noon of the last day preceding the date of the election. Any person knowingly and willfully making a false certification or knowingly and willfully aiding and abetting in the making of a false certification shall be guilty of a felony. Notwithstanding any other provision of this chapter as to time and manner of processing the application, it is the duty of the applicant to cause the application to be processed by the local board so that the applicant may receive the ballot, cast it, and cause delivery to be made to the state board not later than nine o'clock (9:00) p.m. on the date of election. 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 also be the duty of each board to return to the secretary of state immediately after each election any ballots not issued. All emergency mail ballots, other than those obtained on medical grounds pursuant to subdivision (3), or subdivision (9) of section 17-20-2, or confinement pursuant to subdivisions (5) and (6) of section 17-20-2, must be voted by the elector in private at the board of canvassers where he or she resides and the signature of the elector witnessed by a pair of supervisors, appointed in conformance with this chapter, who shall return the completed ballot to the board of elections for certification. All emergency mail ballots obtained pursuant to subdivision (3), (6), or (9) of section 17-20-2 shall be mailed to the elector as provided in section 17-20-2.1 or delivered to a person presenting written authorization from the elector to receive the ballot. All emergency mail ballots obtained pursuant to subdivision (5) of section 17-20-2 shall be delivered to the voter by a bipartisan pair of supervisors, appointed in conformance with this chapter, and shall be voted and witnessed in conformance with the provisions of section 17-20-14.

17-20-9. Application by permanently disabled or incapacitated voters -- (a) A voter who is indefinitely confined because of physical illness or infirmity or is disabled for an indefinite period may, by signing an affidavit to that effect and submitting certification by a licensed physician or by a Christian Science practitioner, require requesting that an absentee ballot application be sent to him or her automatically for every election. The affidavit form and instructions shall be prescribed by the secretary of state, and furnished upon request to any elector by each local board of canvassers. The certification by the physician or practitioner shall state the location of his or her medical offices, the permanency of the illness or disability, the date when that physician or practitioner last examined the elector, and attesting that because of the illness or disability, it would be an undue hardship for the elector to vote at the polls. The envelope containing the absentee ballot application shall be clearly marked as not forwardable. If any elector is no longer indefinitely confined, he or she shall so notify the clerk of the local board of canvassers. The clerk shall remove the name of any voter from the mailing list established under this section upon receipt of reliable information that a voter no longer qualifies for the service. The voter shall be notified of the action within five (5) days after the board takes the action.

(b) The affidavit form and instructions prescribed in this section shall be mailed to the applicant along with a stamped return envelope addressed to the local boards of canvassers. The envelope containing the actual absentee ballot shall include a stamped return envelope addressed: "Board of Elections, 50 Branch Avenue, Providence, Rhode Island 02904-2790".

17-20-10. Certification of applications -- Issuance of ballots -- Marking of lists -- Mailing address -- (a) Upon receipt by it 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, 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. The local board shall also record the information required in the "Notice to applicant" on the upper portion of the application.

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.

(b) 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 shall occur first, the local board shall certify the applications and shall cause their delivery together with the notices to applicants appended and seven (7) certified listings thereof, one (1) of which shall be an original and six (6) of which shall be copies, of applicants in sealed packages to the secretary of state. The secretary of state shall give a dated receipt acknowledging delivery and stating the number of applications received. Upon the certification of a mail ballot application to the secretary of state, the local board shall make a copy of the certification, and enter on the voting list the fact that a mail ballot application for the voter has been certified to the secretary of state.

(c) (1) Upon receipt by the secretary of state of the applications, the secretary of state shall immediately, upon the ballots becoming available, issue and mail, by first class mail, postage prepaid, a mail ballot, together with the completed "Notice to applicant" received from the local board and detached by the secretary of state from the application to each eligible voter. With respect to voters who have applied for these mail ballots under the provisions of sections 17-20-2(3) and 17-20-2(9), the secretary of state shall include with the mail ballots a stamped return envelope addressed: "Board of Elections, 50 Branch Avenue, Providence, Rhode Island 02904-2790".

(2) The secretary of state shall include in the return address section of 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 certified lists the names to which the secretary of state has sent mail ballots and shall return one of the lists to the local board where it came from and shall deliver another of the lists together with the certified applications to the state board. The state board shall keep all the applications in safe custody together with the voters' ballots, both of which shall be sealed after the completion of the count and canvass of the ballots.

(d) 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.

(e) Upon return to it of the certified list with the names to which the secretary of state has sent mail ballots the local board shall:

(1) Promptly mark the voting record of each qualified voter who has been issued a mail ballot with a mark written or stamped in red ink in the place provided on the registration card voting list for the record of voting in the election in question; 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;

(2) Upon the completion of the final canvass, as provided by law, for any election mentioned in section 17-20-1, immediately certify, seal up, label with proper designation, and transmit certified lists of the qualified electors in their respective cities and towns who have been designated mail voters on the official voting lists as to the state board.

(f) Notwithstanding any other provisions of the general laws to the contrary, every ballot required by this chapter to be mailed to any elector shall be mailed to the elector at the elector's registered voting address or at the appropriate board of canvassers as provided in section 17-20-2.1; provided, that applicants who claim eligibility to vote by mail by virtue of subdivisions (1), (5), (6), and (7) of section 17-20-2 may direct that their ballot be mailed to some other address which is outside the state of Rhode Island or which is the place where incarcerated or which is the hospital, convalescent home, nursing home, rest home, or similar institution where the applicant is confined.

(g) (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 (c). 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 and witnessed in accordance with the provisions of this chapter.

(h) (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.

(i) (h) Upon the request of any candidate for public office and upon a showing of good cause or upon its own motion, the board of elections shall make inquiry into the legitimacy of the certifications issued pursuant to subdivision (3) of section 17-20-2.1 17-20-2.2 by any physician or practitioner who issues more than fifty (50) certifications in any one election or by any physician or practitioner who the board has reason to believe has made a false certification. The inquiry shall include a determination as to whether the physician or practitioner conducted an examination of the electors he or she certified as ill or disabled to determine whether it would be an undue hardship on them to go to the polls. The provisions of chapter 37.3 of title 5 shall not apply to any proceeding before the state board of elections conducted pursuant to this title. The boards of canvassers shall immediately notify the board of elections of any physician who has issued more than twenty-five (25) certifications in their city or town in the same election.

(i) Within two (2) business days of receipt by the local board, the board shall certify emergency mail ballot applications where the ballot is to be mailed to the elector by the office of the secretary of state and shall cause the delivery of the same together with seven (7) certified listings thereof, one (1) of which shall be an original and six (6) of which shall be copies, in sealed packages to the secretary of state. With respect to emergency ballots being cast at the local board of canvassers, the local board shall forthwith cause the delivery of the original emergency mail ballot application together with an original certified listing thereof to the state board of elections, and six (6) copies of the application and certified listing thereof to the office of the secretary of state.

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 secretary of state, be in substantially the following form:

NOTICE TO APPLICANT

This application is a matter of public record, but your vote is confidential. (Applicant should not write in this space - to be filled in by local board.)

Name

Voting address

(Street) (City or Town)

You are in senatorial district #

Representative district #

(Perforation)

APPLICATION OF VOTER FOR BALLOT

(Applicant should not write in this space - to be filled in by local board.)

Senatorial district

Representative district

Voting district

(City) (town) of

(Date)

Accepted

State of

City or town of

(Applicant shall complete form starting here.)

Applicant says that I reside at No. ____ Street in city or town of ________ in the state of Rhode Island, and that I am a qualified voter of this city or town.

I further state that I am not a qualified voter of any other state or any other city or town within this state and have not claimed and do not intend to claim the right to vote in any other city or town or state; that I apply in good faith for a mail ballot or set of ballots, as the case may be, to be

used for an election on ______________________________________________________

(Date of election)

(a) I certify that I am eligible for a mail ballot on the following basis: (check one)

(1) ( ) I will be absent from the state on the day of election during the entire period of time when the polls are to be open.

I will be in

(name of city, state, and country)

on election day.

I understand that my ballot will be mailed to me at an address out of state to be designated by me or at my local board of canvassers if no other address is designated. ______________________________________________________________________________ (List out-of-state address)

(2) ( ) I will be absent from the city or town of my voting residence during all the hours polls are open because of my status as a student or spouse of a student in an institution of higher learning, ______________________________________________________________________________ (name of school)

located within this state.

I understand that my ballot will be mailed to me at the board of canvassers in the city or town where my institution of higher learning is located.

(3) ( ) I am incapacitated to such an extent that it would be an undue hardship to vote at the polls by illness or mental or physical disability, other than blindness or one seriously impairing mobility (must be accompanied by a certification from a physician or Christian Science practitioner).

I understand that my ballot will be mailed to me at my registered voting address.

(4) ( ) Because tenets of my religion forbid secular activity including voting on the day of election.

I understand that my ballot will be mailed to me at my local board of canvassers.

(5) ( ) Because of confinement in a hospital, convalescent home, nursing home, rest home, or similar institution, public or private. ______________________________________________________________________________ (name and address of institution)

I understand that my ballot will be mailed to me at the hospital, convalescent home, nursing home or rest home where I am confined: ______________________________________________________________________________ (List name and address of institution)

(6) ( ) I am detained while awaiting trial or imprisoned for a cause other than final conviction of a felony and by reason of this, I am unable to vote in person in the city or town in which I am registered.

I understand that my ballot will be mailed to me at the prison where I am confined: ______________________________________________________________________________ (List name and address of prison)

(7) ( ) I am temporarily absent from the state because of employment or service intimately connected with military operations or because I am a spouse or dependent of such a person.

I understand that my ballot will be mailed to me at an address out-of-state to be designated by me, or at my local board of canvassers. ______________________________________________________________________________ (List out-of-state address)

(8) ( ) I am employed by the state board of elections.

I understand that my ballot will be mailed or delivered to me at the board of elections.

( ) I am a member of the staff of a local canvassing authority. I understand that my ballot will be mailed or delivered to me at my local board of canvassers.

(9) ( ) I am disabled due to blindness or a serious impairment of mobility which prevents me from voting at the polls.

(10) ( ) I am an elector assigned to work election day under section 17-11-7.1. I understand that my ballot will be mailed to me at my registered voting address.

I DECLARE UNDER PENALTIES OF PERJURY THAT ALL OF THE INFORMATION I HAVE PROVIDED ON THIS FORM IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

(Date of birth) ______________________________________________________________________ (Sign in full on this line)

(If unable to sign name because of physical incapacity or otherwise applicant shall make his or her mark "(X)".)

Sworn to (or affirmed) before me, this ____ day of ____ , 20____ ____________________________ Notary Public

(If executed outside of Rhode Island by a notary public, attest in manner authorized by law of place where taken.)

Witnesses: _____________________________________________________________________ _____________________________________________________________________ ____________________ ________________________________________________ (Signature) (Residence) ____________________ ________________________________________________

(Signature) (Residence)

(This application must either be sworn to before a notary public or before two (2) witnesses who must sign their names and addresses. If the voter is disabled due to blindness or a serious mobility impairment and has checked subdivision (a)(9) on this application, no notarization is needed. The application must either be witnessed and signed by two (2) persons eighteen (18) years of age or older or notarized.)

Note - This application must be received by your local canvassing authority not later than four o'clock (4:00) p.m. on the twenty-first day before the day of any election. If this application is for an emergency ballot it must be accompanied by certificate as to the circumstances requiring the emergency ballot and must be received by the local canvassing authority not later than twelve o'clock (12:00) noon on the last day before the day of the election.

Mail to:

Board of Canvassers___________________________________________________________ (City) (Town) of _______________________________________________________________________ Street ________________________________________________Rhode Island

(Not to be filled in by applicant, to be completed by local board.) This application is returned for the following reason(s):

(check appropriate boxes)

( ) Application not sufficient

( ) Applicant not a qualified elector

( ) Signature does not compare with the signature on the voter's registration card;

( ) Application received later than four o'clock (4:00) p.m. local time on the twenty-first day before the day of election;

( ) Application for emergency ballot received later than twelve o'clock (12:00) noon on the last day before the day of election;

( ) Other. ____________________________________ ____________________________________

(Signatures of local board members)

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

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_________

I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING BASIS; (CHECK ONE ONLY)

( ) 1. I will be absent from the state on the date of the election during the entire period of time when the polls are to be open. Provide an out-of-state mailing address in BOX B above or the ballot will be mailed to the local board of canvassers.

( ) 2. I will be absent from the city or town of my voting residence during the entire period of time when the polls are to be open because of my status as a student, or spouse of a student, at an institution of higher learning within the state of Rhode Island.

Complete BOX B above with your entire address or the ballot will be mailed to the address in BOX A.

Indicate name of institution____________________________________________________

( ) 3. 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. Ballot will be mailed to address in BOX A.

( ) 4. I belong to a religion whose tenets forbid secular activity including voting on the day of election. Ballot will be mailed to address in BOX A.

( ) 5. I am confined in a hospital, convalescent home, nursing home, rest home, or similar institution. Complete BOX B above.

( ) 6. I am detained while awaiting trial or imprisoned for a cause other than final conviction of a felony. Complete BOX B above.

( ) 7. I am employed or in service intimately connected with military operations or because I am a spouse or dependent of such person. Complete BOX B above or the ballot will be mailed to the local board of canvassers.

( ) 8. I am employed by the state board of elections, elections division of the secretary of state, a member of the staff of a local canvassing authority, or a poll worker assigned to work election day outside of their voting district.

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 physical incapacity or otherwise applicant shall make his or her mark "X".

SIGNATURE IN FULL________________________________________________________

This application must either be sworn to before a notary public OR before two (2) witnesses who must sign their names and affix their addresses. No witness or notary is necessary if checking category No. 7.

WITNESSES:

Name_________________________________

Address_______________________________

Name_________________________________

Address_______________________________

OR

NOTARY:

(If executed outside of RI by a notary public, attest in manner authorized by law of places where taken.)

Sworn to (or affirmed) before me, this_______day of_________________,___20_______.

Notary Public_________________________________________________________________

My Commission Expires:

MAIL TO: BOARD OF CANVASSERS,

Address_____________________________________________________________

City/Town___________________________State________________Zip Code_______
TO BE COMPLETED BY THE LOCAL BOARD OF CANVASSERS

CITY/TOWN CODE

CONG DIST

SEN DIST

REP DIST

VOTE DIST

WARD #

DIST #

ACCEPTED

DATE

APPLICANT SHOULD NOT WRITE IN THIS SPACE - TO BE FILLED IN BY

LOCAL BOARD

CITY/TOWN CODE

CONG DIST

SEN DIST

REP DIST

VOTE DIST

WARD #

DIST #

NAME______________________________________________________________________

STREET ADDRESS___________________________________________________________

____________________________________________________________________________

City/Town_________________________State____________(Zip Code)_________

17-20-14.1. Mail ballots -- Local supervision -- Each local board shall be authorized to appoint one or more bipartisan pairs of supervisors in the manner as other bipartisan pairs of supervisors are appointed for each election, whose duty it is to attend each person who makes an application for a mail ballot under sections 17-20-8 and 17-20-9 17-20-2.1 and 17-20-2.2, who does not fall under the provisions of section 17-20-14, and who requests that a bipartisan pair of supervisors be sent by the board of canvassers to that person's place of residence for the purpose of supervising or assisting the mail voter in casting his or her vote. The bipartisan pairs of supervisors shall supervise the casting of votes by persons using the mail ballot at a place that will preserve their secrecy and shall take acknowledgments or serve as witnesses, and jointly provide assistance, if requested, to assure proper marking, sealing, and mailing of ballots as voted. The failure or neglect of any local board to appoint these bipartisan pairs of supervisors, or the failure or neglect of any pair to attend any place at which a mail voter's ballot may be used, or the marking, sealing, or mailing of ballots in the absence of any pair, does not invalidate any ballot.

17-20-21. Certifying envelopes -- (a) 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. On one side of the envelope shall be printed: The envelope shall be printed in substantially the following form:

Official Mail Ballot

(to be filled in For ___________________________________________________

by secretary (City and/or Town)

of state) Election __________________________ 20____

(Date of Election)

Senatorial district _____________________________________________________ Representative district _________________________________________________

(to be filled

in by board Voting district _____________________________________________

of election)

(City) (Town) of ________________________________________________________

Note: Above designation must correspond with designation on application submitted by local board.

Name of voter ________________________________________________________________ (Print or Typewrite)

Residence (Street and number, if any) ________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ City (or town) of ____________________________________________________________ _____________________________________________________________________________ (see reverse side)

(b) On the same side of the envelope shall be printed:

"After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to statement on reverse side of this envelope. hereon. Enclose in envelope addressed to board of elections, which must receive the envelope not later than nine o'clock (9:00) p.m. the day of election."

(c) On reverse side of the envelope shall be printed:

Date of Election:___________________________City/Town of:__________________

Certificate of Voter

I ________________________________________________ certify under penalty of

Print Name of Voter

perjury that I am a resident of the state of Rhode Island and a qualified voter of the state

residing at ____________________________ in the city or town of

____________________________________________________

(Street and number, if any)

and that I am eligible to cast a mail ballot for the reason set forth in my application and that I have not qualified to vote elsewhere than as set forth on the reverse side of this envelope, nor do I intend to vote for any of the candidates, amendments or propositions named in the enclosed ballot elsewhere or in any other manner.

Voter must sign full name here: ______________________________________________ ______________________________________________________________________________ (If unable to sign name because of physical incapacity or otherwise, voter shall make his or her mark "(X)").

Before me the _____________ day of ______________ 20________ , at

________________ (city or town), county of ________________, state of

____________________, personally appeared the above named voter, to me known and known by me to be the person who affixed his or her signature to this ballot envelope.

_ ____________________________________________

Notary Public

Notary must also print his or her name

Witness: __________________________ ___________________________________________ (Signature) (Residence)

__________________________ ___________________________________________ (Signature) (Residence)

Note: Mail ballots must either be sworn to before a notary public or before two (2) witnesses who must sign their names and addresses. If the voter is disabled due to incapacitated because of illness, mental or physical disability, blindness or a serious mobility impairment and checked subdivision (a)(9) (3) on the mail ballot application, no notarization or witnesses are necessary.

17-20-22. Certification envelopes for mail ballots of persons intimately connected with military service and persons employed outside of the United States -- (a) The distinctively colored certification envelope for persons intimately connected with military service and persons employed outside of the United States shall contain on one side 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 nine o'clock (9:00) p.m. the day of election.

Date of Election_____________________________City/Town of__________________

Official Mail Ballot

(to be filled in For ____________________________________________________

by secretary (City or Town)

of state) Election ____________________________ 20____

(Date of Election)

(to be filled in Senatorial district ____________________________________

by the board of elections)

Representative district ______________________________________

Voting district _________________________________________________________

(City) (Town) of ________________________________________________________

Note: Above designation must correspond with designation on application submitted by local board.

Name of voter ________________________________________________________________ (Print your name plainly here)

Rhode Island residence:

Street and number (if any) or rural route ____________________________________

(Print street and number or rural route)

City or town _________________________________________________________________ (Print city or town of voting residence)

(b) Upon the other side of the envelope shall be printed the following oath:

Oath of Elector Casting the Enclosed Ballot or Ballots

I do hereby affirm that:

(1) I am a citizen of the United States;

(2) The date of my birth was ____________________________________;

(3) For ________ years preceding this election my residence has been in the state of Rhode Island;

(4) For ________ months preceding this election my residence has been in the city or town of ________________________________ at (street and number, if any, or rural route) ______________________________;

(3) I am (check appropriate item):

(a) In the armed forces of the United States ( );

(b) In the merchant marine of the United States ( );

(c) A member of ____________________________________________________________ (Insert name of group or agency) which is a religious group or welfare agency assisting members of the armed forces of the United States, and am officially attached to and serving with the armed forces ( ). ;

(d) Employed outside of the United States and have applied for a mail ballot through the use of the FPCA (Federal Post Card Application) ( ):

(e) The spouse ( ) or dependent ( ) (check one) of, and residing outside of the state of Rhode Island with, ________________ who is:

(Insert name)

(check appropriate item)

(i) In the armed forces of the United States ( );

(ii) In the merchant marine of the United States ( );

(iii) A member of ______________________________________________________________ (Insert name of group or agency,

which is a religious group or welfare agency assisting members of the armed forces of the United States, and who is officially attached to and serving with the armed forces ( ).

(iv) Employed outside of the United States and has applied for a mail ballot through the use of the FPCA (Federal Post Card Application) ( ).

________________________________ (Signature of voter)

17-20-23. Marking and certification of ballot -- (a) A voter desiring to vote for all candidates of one political party for national and state, or city or town, offices, shall fill in the appropriate space next to the designation of that party upon the appropriate ballot. A voter casting a straight party vote may also individually vote for candidates and in doing so, the straight party vote will not be counted for that office and the individual vote, or votes in the case where more than one candidate will be elected for an office, will override the straight party vote for that office.

(b) A voter may omit to mark as provided in subsection (a) and may vote for the candidates of the voter's choice by making a mark in the space provided opposite their respective names.

(c) In case a voter desires to vote upon a question submitted to the vote of the electors of the state, the voter shall mark in the appropriate space associated with the answer which the voter desires to give.

(d) The voter shall mark the ballot in the presence of two (2) witnesses or some officer authorized by the law of the place where marked to administer oaths; provided, however, that electors casting their ballot pursuant to subsections (3) or (7) of section 17-20-2 do not need to have their ballot witnessed or notarized. Except as otherwise provided for by this chapter, the voter shall not allow the official or witnesses to see how he or she marks it and the official or witnesses shall hold no communication with the voter, nor the voter with the official or witnesses, as to how the voter is to vote. Thereafter, the voter shall enclose and seal the ballot in the envelope provided for it. The voter shall then execute before the official or witnesses the certification on the envelope and shall endorse the reverse side of the envelope as provided by this chapter. The voter shall then enclose and seal the certified envelope with the ballot in the envelope addressed to the state board and cause the envelope to be delivered to the state board on or before the election day.

(e) These ballots shall be counted only if received within the time limited by this chapter.

(f) There shall be a space provided on the general election ballot to allow the voter to write in the names of persons not in nomination by any party as provided for in sections 17-19-31 and 17-20-24.

SECTION 2. Chapter 17-20 of the General Laws entitled "Mail Ballots" is hereby amended by adding thereto the following sections:

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, who on account of circumstances manifested twenty (20) days or less prior to any election becomes eligible to vote by mail ballot according to this chapter may obtain from the local board an application for an emergency mail ballot.

(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 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, which application shall contain a certificate setting forth the facts relating to the circumstances necessitating the application.

(d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail ballot in order to be valid must have been cast in conformance with the following procedures:

(1) All applications for emergency mail ballots pursuant to subdivision (1) of section 17-20-2 must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to that subdivision 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 an address outside the state of Rhode Island to be provided by the elector on the application. In order to be valid, all ballots mailed to the elector out-of-state must be voted outside the state of Rhode Island and the signature of the elector notarized by a person authorized by law to administer oaths in the state or country where signed or where the elector voted, or before two (2) witnesses who shall set forth their addresses on the form, and must be mailed from outside the state of Rhode Island. In order to be valid, all ballots cast by the elector at the board of canvassers must be voted in private at the board and the signature of the elector witnessed by a pair of supervisors, appointed in conformance with this chapter, who shall return the completed ballot to the board of elections for certification.

(2) All applications for emergency mail ballots pursuant to subdivision (2) of section 17-20-2 must state under oath the institution of higher learning at which the elector or spouse of the elector is a student. All applications for mail ballot made pursuant to this subdivision must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to this subdivision 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 of the institution of higher learning provided by the elector on the application. Ballots being cast at the local board of canvassers must be voted in private and the signature of the elector witnessed by a pair of supervisors, appointed in conformance with this chapter, who shall return the completed ballot to the board of elections for certification. The signature of the elector on ballots being sent to the elector at their institution of higher learning must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses.

(3) All applications for emergency mail ballots pursuant to subdivision (3) of section 17-20-2 must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses and must be accompanied by a certificate from a licensed physician or a Christian Science practitioner setting forth the location of his or her medical offices or the Christian Science practitioner's office, the date when that physician last examined the elector, or in the case of a Christian Science practitioner, when the practitioner last treated the elector, and attesting that the illness, disability, blindness or serious impairment of mobility did not manifest itself until twenty (20) days or less prior to the date of the election and as a result it would be an undue hardship for the elector to vote at the polls based upon a physical examination performed by that physician or an observation by that Christian Science practitioner. The state board of elections shall prepare forms for physicians and practitioners to use in making the certification required herein and shall distribute the forms prior to each general election to those physicians licensed to practice medicine in this state and, upon request, to such other persons and at such other times as necessary. The forms shall also be made available at each board of canvassers. It shall not be required that a physician or practitioner use the form in certifying the illness, disability, blindness or serious impairment of mobility of a voter so long as the certification provided contains all of the required information. Any physician knowingly and willfully making a false certification and any person knowingly and willfully aiding and abetting in the making of a false certification shall be guilty of a felony. All mail ballots issued pursuant to subdivision (3) shall be mailed to the elector at his or her voting residence 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. The signature of the elector on ballots being cast pursuant to this subdivision does not need to be notarized or witnessed.

(4) All applications for emergency mail ballots pursuant to subdivision (4) of section 17-20-2 must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to this subdivision shall be mailed to the elector at his or her voting residence by the office of the secretary of state, or cast by the elector at the board of canvassers in the city or town where he or she resides. Ballots being cast at the local board of canvassers must be voted in private at the board and the signature of the elector witnessed by a pair of supervisors, appointed in conformance with this chapter, who shall return the completed ballot to the board of elections for certification. The signature of the elector on ballots being sent to the elector at his or her voting residence must be notarized or witnessed by two (2) persons who shall sign their names and affix their signatures.

(5) All applications for emergency mail ballots pursuant to subdivision (5) of section 17-20-2 must state under oath the name and location of the hospital, convalescent home, nursing home, or similar institution where the elector is confined. All applications for mail ballots pursuant to this subdivision must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to this subdivision shall be delivered to the elector by the bi-partisan pair of supervisors, appointed in conformance with this chapter, and shall be voted and witnessed in conformance with the provisions of section 17-20-14.

(6) All applications for emergency mail ballots pursuant to subdivision (6) of section 17-20-2 must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to this subdivision shall be mailed by the office of the secretary of state to the elector at the elector's place of confinement, or delivered to a person presenting written authorization from the elector to receive the ballot. The signature of the elector on ballots being sent to the elector must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses.

(7) All applications for emergency mail ballots made pursuant to subdivision (7) of section 17-20-2 do not need to be witnessed or notarized. All mail ballots issued pursuant to this subdivision shall be mailed by the office of the secretary of state to the elector at an address outside the state of Rhode Island to be 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. The signature of the elector on ballots being sent to the elector pursuant to this subdivision does not need to be notarized or witnessed.

(8) All applications for emergency mail ballots pursuant to subdivision (8) of section 17-20-2 must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to this subdivision to an elector who is employed by the state board of elections shall be mailed or delivered by the office of the secretary of state to the elector at the state board of elections. All mail ballots issued pursuant to this subdivision to a member of the staff of the elections division of the office of the secretary of state shall be mailed or delivered to the elector at the state board of elections. All mail ballots issued pursuant to this subdivision to a member of the staff of a local canvassing authority shall be cast by the elector at his or her local board of canvassers. All mail ballots issued pursuant to this subdivision to a poll worker assigned to work election day outside of their voting district shall be cast by the elector at his or her local board of canvassers. All ballots being sent to the elector pursuant to this subdivision must be voted in private at the state board or the local board, as the case may be, and the signature of the elector witnessed by a pair of supervisors, appointed in conformance with this chapter.

(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 further duty of each board to return to the secretary of state forthwith after each election any ballots not so issued.

(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 section 17-26-1.

17-20-13.1. Form of Emergency Mail Ballot Application. -- The emergency mail ballot application to be subscribed by the voters before receiving a mail ballot shall, in addition to such directions as may be printed, stamped, or written thereon by authority of the secretary of state, be in substantially the following form:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

EMERGENCY 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___________

DATE OF BIRTH________PHONE#________________________

BOX B (PRINT OR TYPE)

NAME OF INSTITUTION (IF APPLICABLE)________________

ADDRESS_____________________________________________

ADDRESS_____________________________________________

CITY/TOWN____________STATE____________ZIP__________

I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING BASIS: (CHECK ONE ONLY)

( ) 1. I will be absent from the state on the day of the election during the entire period of time when the polls are to be open. If not voting by ballot at local board, provide an out of state mailing address in BOX B above.

( ) 2. I will be absent from the city or town of my voting residence during the entire period of time when the polls are to be open because of my status as a student, or spouse of a student, at an institution of higher learning within the state of Rhode Island. If not voting by ballot at local board, provide address in BOX B above. Indicate name of

institution______________________________________

( ) 3. 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. Medical form R-50 must be completed. If not voting by ballot at local board, ballot will be delivered to address in BOX A above.

( ) 4. I belong to a religion whose tenets forbid secular activity including voting on the day of election. If not voting by ballot at local board, ballot will be delivered to address in BOX A above.

( ) 5. I am confined in a hospital, convalescent home, nursing home, rest home, or similar institution. Complete BOX B above.

( ) 6. I am detained while awaiting trial or imprisoned for a cause other than final conviction of a felony. Complete BOX B above.

( ) 7. I am employed or in service intimately connected with military operations or because I am a spouse or dependent of such person. If not voting by ballot at local board, provide address in BOX B above.

( ) 8. I am employed by the state board of elections, elections division of the secretary of state, a member of the staff of a local canvassing authority, or a poll worker assigned to work Election Day outside of their voting district.

Under the pains and penalty of perjury, I certify that on account of the following circumstances manifested twenty (20) days or less prior to the election for which I make this application. I will be unable to vote at the polls.

Circumstances necessitating mail ballot: (Please describe below if checking category 1, 2, 4, 5, 6, 7 or 8)

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

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 physical incapacity or otherwise applicant shall make his or her mark "X".

SIGNATURE IN FULL__________________________________________________

This application must either be sworn to before a notary public OR before two (2) witnesses who must sign their names and affix their addresses. No witness or notary is necessary if checking category #7.

WITNESSES:

Name________________________

Address______________________

Name________________________

Address______________________

OR

NOTARY:

(If executed outside of RI by a Notary Public, attest in manner authorized by law of place where taken.)

Sworn to (or affirmed) before me, this_________day of___________,_____20___.

Notary Public________________________________________________________

My Commission Expires:

MAIL TO:__BOARD OF CANVASSERS,

Address

City/Town_______________RI_______Zip_____________

TO BE COMPLETED BY THE LOCAL BOARD OF CANVASSERS

CITY/TOWN CODE

CONG DIST

SEN DIST

REP DIST

VOTE DIST

WARD#

DIST#

ACCEPTED

DATE

Pursuant to section 17-20-8 of the election laws of the State of Rhode Island, "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."

Pursuant to section 17-26-1 of the election laws of the State of Rhode Island, "Felonies-Every person who shall be convicted of any offense under this title which has been classified by the general assembly as a felony, shall be imprisoned for a term of not more than ten (10) years, or be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or both, for each offense."

SECTION 3. Sections 17-20-10.1 and 17-20-15 of the General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby repealed.

17-20-10.1. Overseas ballots -- Any mail ballot which is to be sent to the elector at an address outside of the continental United States may, in the discretion of the state board of elections, be divided into two (2) printed ballots, one containing the candidates for federal and state office and the other containing all other candidates for office and ballot questions. Each ballot may be mailed separately to the voter as soon as it becomes available.

17-20-15. Form of ballot -- Place of marking -- Every official mail ballot shall be substantially in the form provided by this title, insofar as this is practicable, except that all mail ballots shall contain on their face the names of all federal and state candidates and all local candidates for council and school committee. Any qualified voter may mark and cast a mail ballot within or outside the state of Rhode Island.

SECTION 4. This act shall take effect January 1, 2002.


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