Chapter
167
2005 -- H 5500 SUBSTITUTE B
Enacted 07/06/05
A N A C T
RELATING TO ELECTIONS -- GENERAL PROVISIONS
Introduced By: Representatives Lewiss, Kennedy, O`Neill, McNamara, and Gemma
Date Introduced: February 15, 2005
It is enacted by the General Assembly as follows:
SECTION
1. Section 17-1-7 of the General Laws in Chapter 17-1 entitled "General
Provisions"
is hereby amended to read as follows:
17-1-7.
Uniform deadlines. -- Notwithstanding any other time specified for the
filing of
any
paper or the doing of any act pursuant to this title, a uniform deadline of
4:00 p.m. is
established;
provided, that applications for emergency mail ballots must be received by 12:00
noon 4:00 p.m. on the day prior to an election or
primary. If any filing deadline falls on a
Saturday,
Sunday, or holiday, the deadline shall be construed to fall on the next
subsequent
business
day; provided, that this does not apply to registration to vote thirty (30)
days prior to an
election
or primary.
SECTION
2. Section 17-20-10 of the General Laws in Chapter 17-20 entitled "Mail
Ballots"
is hereby amended to read as follows:
17-20-10.
Certification of applications -- Issuance of ballots -- Marking of lists --
Mailing
address. -- (a) Upon receipt of
the application, the local board shall immediately
examine
it and determine whether it complies with each of the requirements set forth by
this
chapter
and compare the signature on the ballot application with the signature
contained on the
original
registration card, except as may be otherwise provided by law, to satisfy
itself that the
applicant
is a qualified voter. Upon determining that it does meet each requirement of
this chapter
and that
the signature appears to be the same, the local board shall mark the
application
"accepted"
and record in the space provided on the ballot application the senatorial,
representative,
and voting district in which the applicant should vote.
(b) The local board shall also record the city or town code and district
information in the
mailing
label section of the mail ballot application. The local board shall also print
or type the
name of
the elector and the complete mailing address in that section. If the local
board does not
accept
the application, the local board shall return the application to the elector,
together with a
form
prescribed by the secretary of state, specifying the reason or reasons for the
return of the
application.
(c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any
election
referred
to in this chapter or within seven (7) days of receipt by the local board,
whichever occurs
first,
the local board shall certify the applications and shall cause their
delivery together with
seven
(7) certified listings thereof, one of which shall be an original and six (6)
of which shall be
copies,
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. to the secretary
of
state through the CVRS system as this procedure is prescribed by the secretary
of state. Upon
the
certification of a mail ballot application to the secretary of state, the local
board shall 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.
(d) (1) Upon receipt by the secretary of state of the applications the
ballots becoming
available, the secretary of state shall immediately, upon
the ballots becoming available, issue and
mail, by
first class mail, postage prepaid, a mail ballot to each eligible voter who
has been
certified. With respect to voters who have applied for these
mail ballots under the provisions of
section
17-20-2(3), 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 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 voter's
record that 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.
provided,
that this mark shall serve solely to indicate that a mail ballot has been
issued and shall
not
be construed as voting in the election.
(e) Prior to each election, the secretary of state shall also furnish to the
chairperson of the
state
committee of each political party a list of the names and residence addresses
of all persons
to whom
mail ballots have been issued. The secretary of state shall also furnish to a
candidate for
political
office upon request a list of the names and residence addresses of all persons
to whom
mail
ballots have been issued within his or her district.
(f) 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 promptly mark the voting record of each
qualified voter
who
has been issued a mail ballot with a mark in the place provided on the voting
list for 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.
(g) If a ballot is returned to the secretary of state by the postal service as
undeliverable,
the
secretary of state shall consult with the appropriate local board to determine
the accuracy of
the
mailing address, and the secretary of state shall be required to remail the
ballot to the voter
using
the corrected address provided by the local board. If the local board is unable
to provide a
different
address than that to which the ballot was originally mailed, the ballot shall
be reissued
by the
secretary of state to the board of canvassers in the city or town where the
voter resides
utilizing
the numerical or alphabetical code established in subsection (d) of this
section. The
board
shall then attempt to notify the voter at his or her place of residence that
the ballot has been
returned
as undeliverable. The ballot must be voted and witnessed in accordance with the
provisions
of this chapter.
(h) 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) 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 section 17-20-2.2(3) 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.
(j) 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 emergency mail ballot applications,
together
with seven (7) certified listings thereof, one of which shall be an original
and six (6) of
which
shall be copies, and certification
sheet in sealed packages to the secretary of state. state
board
of elections. With respect to
emergency ballots being cast at the local board of canvassers,
the
local board shall immediately 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.
SECTION
3. Sections 17-20-13 and 17-20-26 of the General Laws in Chapter 17-20
entitled
"Mail Ballots" are hereby amended to read as follows:
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:
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________
FACSIMILE
NUMBER (if applicable)
_________________________________________________________________________
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 (a)( ) the state board of elections, (b)(
) elections division of
the
secretary of state, (c)( ) a member of the staff of a local canvassing
authority, or (d)( ) 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
#_______________________________________________________________________
#_______________________________________________________________________
_
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)____________
17-20-26.
Opening and counting of ballots. -- (a) (1) Beginning prior to and
continuing
on
election day the state board, upon receipt of mail ballots, shall keep the
ballots in a safe and
secure
place which shall be separate and apart from the general public area, and hold
sessions, at
which in
each instance it shall:
(i) Open the outer envelope and attach the matching ballot application to the
inner
certifying
envelope;
(ii) Write or fill in the name or number of the city or town, and senatorial
and
representative
and/or voting district, as the case may be, on the inner certifying envelope,
as they
appear
on the ballot application;
(iii) Number consecutively for identification the inner certifying envelopes
and matching
ballot
applications;
(iv) Beginning five (5) fourteen (14) days prior to and
continuing on election day,
proceed
to certify the mail ballots.
(2) Notice of these sessions shall be given to the public by announcements in
newspapers
of
general circulation published at least twenty-four (24) hours before the
commencing of any
session.
All candidates for state and federal office, as well as all state party
chairpersons, shall be
given
notice by telephone or otherwise of the day on which ballots effecting that
candidate's
district
will be certified; provided, that failure to effect the notice shall in no way
invalidate the
ballots.
(b) This processing shall be done within a railed space in the room in which it
takes
place,
and the board shall admit within the railed space, in accordance with those
rules that the
board
shall adopt, to witness the processing and certification of the ballots, the
interested voter or
the
voter's representative, the candidates, or at least one representative of each
candidate for
whom
votes are at the time being processed, and an equal number of representatives
of each
political
party. These representatives shall be authorized in writing by the voter, the
candidate, or
the
chairperson of the state committee of the political party, respectively, as the
case may be. The
board
shall also, in accordance with these rules, admit representatives of the press
and
newscasting
agencies and any other persons that it deems proper.
(c) At these sessions, and before certifying any ballot, the state board shall:
(1) Determine the city or town, and senatorial, representative, and voting
district, in
which
the voter cast his or her ballot and classify accordingly; and
(2) Compare the name, residence, and signature of the voter with the name,
residence,
and
signature on the ballot application for mail ballots and satisfy itself that
both signatures are
identical.
(d) If during the processing and certification of mail ballots no objection has
been raised
against
the certification of a ballot, the outer envelope shall be discarded. However,
if an
objection
has been raised that entails further consideration and determination by the
board, the
outer
envelope shall remain attached to the certifying inner envelope for
identification purposes.
(e) The board shall establish guidelines setting forth the grounds for
challenging the
certification
of mail ballots. These guidelines shall recognize that if a ballot can be
reasonably
identified
to be that of the voter it purports to be, and if it can reasonably be
determined that the
voter
was eligible to vote by mail ballot and if the requirements of section
17-20-2.1 were
complied
with, it should not be subject to frivolous or technical challenge. The burden
of proof in
challenging
a mail ballot as not obtained and/or cast in conformance with this chapter is
on the
person
challenging the ballot. Once the irregularity is shown, the burden of proof
shall shift to the
person
defending the ballot to demonstrate that it is the ballot of the voter it
purports to be, that
the
voter was eligible to vote by mail ballot, and that all of the applicable
requirements of section
17-20-2.1
were complied with. The guidelines shall be adopted at a public meeting of the
board
and
shall be made available prior to the start of the certification process for
mail ballots.
(f) After processing and certification of the mail ballots, they shall be
separated in
packages
in accordance with their respective cities and towns, and senatorial,
representative, and
voting
districts, in the presence of the board and all other interested parties.
Thereupon, in each
instance
the board shall open the enclosing envelope, and without looking at the votes
cast on the
enclosed
ballot, shall remove the ballot from the envelope. After the last of the
ballots has been
removed,
the state board shall immediately proceed to count the ballots through the use
of a
central
count optical scan unit with the same effect as if the ballots had been cast by
the electors
in open
town or district meetings.
(g) When a local election is held at a time other than in conjunction with a
statewide
election,
the state board, after the processing and certification of the mail ballots
cast in the local
election,
shall package the local ballots to be promptly delivered in sealed packages,
bearing upon
the
seals the signatures of the members of the board, to the appropriate local
board which shall a
thereupon
proceed to count the ballots in the same manner and with the same effect as
state mail
ballots
are counted by the state board.
SECTION 4. This act shall
take effect upon passage.
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LC01469/SUB B
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