Chapter
396
2005 – H 5752 SUBSTITUTE A
Enacted 07/19/05
A N A C T
RELATING TO ELECTIONS
Introduced By: Senators Pichardo, Gallo, and C Levesque
Date Introduced: March 02, 2005
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 17-20-2.1 and 17-20-6.1 of the General Laws in Chapter 17-20
entitled
"Mail Ballots" are hereby amended to read as follows:
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 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 is 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
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.
(d) In addition to those requirements set forth elsewhere in this chapter, a
mail ballot, in
order to
be valid, must have been cast in conformance with the following procedures:
(1) All applications for mail ballots pursuant to section 17-20-2(1) must state
under oath
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 section 17-20-2(1) 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 outside of the state must be voted
outside of 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 of 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. Provided, however, that any elector
qualifying under
section
17-20-2(1) or 17-20-2(7) who is outside the continental United States, shall
additionally
be
entitled to apply for a mail ballot and to vote such ballot through facsimile,
upon request made
to
the secretary of state in writing containing the elector's facsimile number,
and the application
to be
used shall be that prescribed by section 17-20-13. The secretary of state shall
establish
procedures
to protect the anonymity of any votes submitted by facsimile in the same manner
as
ballots
submitted through the mail.
(2) All applications for mail ballots pursuant to section 17-20-2(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 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.
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 section 17-20-2(3) 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 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 section 17-20-2(4) 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 shall be sent to the elector at 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 section 17-20-2(5) 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 shall be 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 section 17-20-2(6) 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 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 section 17-20-2(7) do
not need to
be
witnessed or notarized. All mail ballots issued pursuant to said 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. 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 section 17-20-2(8) 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 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 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.
(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.
17-20-6.1.
Alternative methods of voting by citizens covered by the Uniformed and
Overseas
Citizens Absentee Voting Act (UOCAVA) Alternative methods of voting by
citizens
covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)
and
other citizens residing outside the United States. -- (a) 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. section 1973ff
et seq.
(b) The Federal Post Card Application (FPCA) may be used as a request for an
absentee
ballot
by:
(1) A member of the armed forces who is absent from the state by reason of
being in
active
service;
(2) Any person absent from the state in performance of "services
intimately connected
with
military operations" as defined in section 17-20-3(d); and
(3) Any person who is employed outside of the United States as defined in
section 17-
20-3(c).
; and
(4)
Any person who does not qualify under subparagraph (1), (2), or (3) above, but
who
is a
citizen of the United States and absent from the state and residing outside the
United States as
described
in chapter 21.1 of title 17.
(c) The single FPCA card shall permit the person to request an absentee ballot
for each
primary
and election through the next two (2) regularly scheduled general elections for
federal
office
in which the voter is eligible to vote.
(d) The FPCA card must be received by the local board of canvassers where the
person
last
maintains his/her residence for voting purposes within the time frame for
applying for
absentee
ballots as set forth in this title.
(e) If the FPCA, when used in accordance with this section, is sent by the
voter through
electronic
transmission, it must be sent to the secretary of state and it must be received
by the
secretary
of state by the deadline for applying for absentee ballots as set forth in this
title. The
secretary
of state shall then forward the FPCA to the appropriate local authority who
shall
immediately
certify and return 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 shall 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.
(f) 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.
(g) 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.
SECTION
2. Section 17-21.1-2 of the General Laws in Chapter 17-21.1 entitled
"Registration
and Voting in Federal Elections by Citizens Residing Outside the United
States" is
hereby
amended to read as follows:
17-21.1-2.
Absentee registration. -- (a) Any person otherwise qualified pursuant
to this
title
who is a citizen of the United States and is absent from this state and
residing outside the
United
States shall have the right to register absentee and vote by an absentee ballot
in any
federal
election in this state in any election district of this state in which the
person was last
domiciled
immediately prior to that person's departure from the United States,
notwithstanding
that the
person does not have a place of abode or other address in this state, and the
person's
intent
to return to this state may be uncertain, if:
(1) The person has registered pursuant to the provisions of this chapter
section 17-20-
6.1;
(2) The person does not maintain a domicile, is not registered to vote, and
does not vote
in any
other state or election district of a state or territory, or in any territory
or possession of the
United
States; and
(3) The person has a valid passport or card of identity and registration issued
under the
authority
of the secretary of state of the United States.
(b) If the person is a United States citizen and has never lived in the United
States, but
has a
parent who is a qualified elector pursuant to this chapter, then that person
shall be eligible to
register
and vote in federal elections where his or her parent is a qualified elector.
SECTION
3. Sections 17-21.1-3, 17-21.1-4, 17-21.1-5, 17-21.1-6 and 17-21.1-7 of the
General
Laws in Chapter 17-21.1 entitled "Registration and Voting in Federal
Elections by
Citizens
Residing Outside the United States" are hereby repealed.
17-21.1-3.
Procedure on registration. -- Every person duly qualified to
vote, but who is
absent
from the state, as provided in section 17-21.1-2, desiring to register pursuant
to the
provisions
of this chapter, shall do so in the following manner: (1) The person shall make
application
in writing to the local board in the city or town in which that person was last
domiciled
in this state for the form necessary to register. (2) (i) The local board shall
proceed to
furnish
the applicant with a registration form and affidavit form as provided in this
section. (ii)
The
following, in addition to any direction that may be printed, stamped, or
written on it by
direction
of the local board, shall be substantially the form of affidavit to be
subscribed to by the
person:
Affidavit
of Absentee Voter Upon Registration I, __________________________, say
that
I or my parents have been domiciled at No. ________ Street in the city or town
of
____________
in the state of Rhode Island; that I am presently residing outside of the
United
States
at __________________________________________________; (state foreign address)
that
I am a citizen of the United States; that I do not maintain a domicile nor am I
registered to
vote
and will not vote in any other state or election district of a state or
territory or in any territory
or
possession of the United States; that I have a valid passport or card of
identity and registration
issued
under the authority of the secretary of state of the United States; that I
desire to register to
permit
me to vote in all elections for president, vice-president, presidential
elector, member of the
United
States senate, and member of the United States house of representatives.
_______________________________________________________________________
(sign
full
name on this line) Sworn to by or affirmed before me this ______ day of
_________________________
______, 20____.
_______________________________________________________________________
Consular
officer of the United States or other officer authorized to administer oaths in
place of
attestation
(Affix official seal or certificate of authority.) (Consular officer or other
officer,
authorized
by law of place of attestation to administer an oath, must administer the
above.)
(3) When the registration form and affidavit are duly and correctly completed
and
returned
to the local board, together with any proof of citizenship that may be required
by law,
the
person shall be deemed to have completed his or her registration and the
registration card
shall
be filed in the same manner as other original registration cards, except the
cards shall be
maintained
separately and shall refer only to eligibility to vote for federal officers, as
provided by
this
chapter.
17-21.1-4.
Form of application by foreign absentee. -- The following, in
addition to
any
directions that may be printed, stamped, or written on it by authority of the secretary
of state,
shall
be the form of application to be subscribed by each foreign absentee voter
before receiving a
ballot:
Application
for Foreign Absentee Ballot Notice to Applicant This is an application for a
restricted
ballot and applies only to your eligibility to vote for president,
vice-president,
presidential
elector, member of the United States senate, and/or member of the congress of
the
United
States. TO THE BOARD OF CANVASSERS OF THE CITY OR TOWN OF ________,
STATE
OF RHODE ISLAND I, having registered pursuant to provisions of chapter 21.1 of
title
17,
make application for foreign absentee voters federal ballot for the election to
be held on the
_____________
day of __________, 20____. I further state that I am not a qualified voter of
any
other
state or in any territory or possession of the United States and that I have a
valid passport or
card
of identity and registration issued under the authority of the secretary of
state of the United
States.
I further say that if this application is accepted, I request that the ballot
or ballots be
delivered
or mailed to me at the following address:
____________________________________________________________________________
.
_______________________________________________________________________
(sign
name
in full on this line) Note: This application must be received by the local
canvassing
authority
not later than four o'clock (4:00) p.m. on the twenty-first day before the day
of any
election.
Mail to board of canvassers, ( ) city ( ) town of _____________, No.
_____________
Street,
____________, Rhode Island. (Not to be filled in by applicant but to be
completed by
local
board.) This application is returned for the following reason(s): (check
appropriate boxes) (
) Application
not sufficient; ( ) Applicant not qualified elector; ( ) Signature does not
compare; ( )
Application
received later than four o'clock (4:00) p.m. local time on the twenty-first day
before
the
day of election; ( ) Other
___________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
(signatures
of the local board members)
17-21.1-5.
Procedure for voting. -- (a) Upon receipt of an application, the
local board
and
the secretary of state shall proceed as in the case of an absentee voter to
prepare, issue, and
furnish
the elector with a foreign absentee federal ballot, which shall be cast and
mailed by the
voter
in the manner prescribed by chapter 20 of this title, insofar as that chapter
is applicable.
(b) The applications and ballots shall be maintained and counted separately in
all federal
elections.
(c) The certification and envelopes used for the return of ballots, together
with the
instructions
for the use of the ballots and envelopes, shall be substantially similar to
those used in
the
case of Rhode Island state absentee ballots insofar as they are applicable,
except that no
notarization
or witness shall be necessary on the oath envelope for absentee federal ballots
from
foreign
countries.
17-21.1-6.
Time of casting and mailing ballots. -- Foreign absentee federal
ballots may
be
cast in the manner provided by law on or before election day, provided that no
ballot shall be
counted
unless it is received by the state board not later than nine o'clock (9:00)
p.m. local time
on
election day.
17-21.1-7.
Opening and counting of ballots. -- Foreign absentee federal
ballots shall be
opened
and counted in the same manner as provided in chapter 20 of this title.
SECTION 4. This act shall take effect upon passage.
=======
LC02187/SUB A
=======