Chapter 217
2011 -- S 0392 SUBSTITUTE A AS
AMENDED
Enacted 07/01/11
A N A C T
RELATING TO
ELECTIONS -- MAIL BALLOTS
Introduced By: Senators Doyle, Tassoni, Gallo, Ruggerio, and Ciccone
Date Introduced: March 10, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 17-20-2, 17-20-2.1, 17-20-2.2, 17-20-10,
17-20-10.2, 17-20-13,
17-20-13.1, 17-20-14,
17-20-14.2, 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 otherwise
qualified elector 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)(1) An
elector, within the State of
it would be an undue hardship to vote at the polls
because of illness, or mental or physical
disability, blindness, or serious impairment of mobility;
(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)(2) An
elector who is confined in any hospital, convalescent home, nursing home, rest
home, or similar institution, public or private, within
the State of
(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 that detention or imprisonment is
unable to vote at the polls;
(7)(3) 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, or a
(8) An elector who is
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 on Election Day outside of their voting
district.
(4) An elector who
may not be able to vote at his or her polling place in his or her city or
town on the day of the election.
17-20-2.1. Requirements
for validity of mail ballots Requirements for validity of
mail ballot and mail ballot applications. -- (a) Any legally qualified
elector of this state whose
name appears upon the official voting list of the city,
town, or district of the city or town where
the elector is qualified, and who desires to avail
himself or herself of the right granted to him or
her by the Constitution and declared in this chapter, may
obtain from the local board in the city or
town 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
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
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
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
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)(1) 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 subdivision 17-20-2(1) said
subdivision shall be mailed to the elector at
his or her voting residence the
order to be valid, the signature on all certifying
envelopes containing a voted ballot must be made
before a notary public or before two (2) witnesses who shall
set forth their addresses on the form.
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)(2)
All applications for mail ballots pursuant to section 17-20-2(5) 17-20-2(2)
must
state under oath the name and location of the hospital,
convalescent home, nursing home, or
similar institution where the elector is confined. All
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 17-20-2(2)
shall be
delivered to the elector at the hospital, convalescent home,
nursing home, or similar institution
where the elector is confined; 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)(3) 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 17-20-2(3) shall
be mailed to the elector at an address outside the
state of
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 address provided by the elector on the application or
sent to the board of canvassers in the city or town where
the elector maintains his or her voting
residence. In order to be valid, the The
signature of the elector on the certifying envelope
containing voted
ballots being sent to the elector pursuant to this subdivision does not
need to be
notarized or witnessed. Any voter qualified to receive a
mail ballot pursuant to subdivision 17-20-
2(3) shall also be entitled to cast a ballot pursuant
to the provisions of
99-410 (“UOCAVA Act”).
(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.
(4) All mail ballots
issued pursuant to subdivision 17-20-2(4) may be mailed to the
elector at the address within the
the board of canvassers in the city or town where the
elector maintains his or her voting
residence. In order to be valid, the signature on all
certifying envelopes containing a voted ballot
must be made before a notary public, or other person
authorized by law to administer oaths where
signed, or where the elector voted, or before two (2)
witnesses who shall set forth their addresses
on the form. In order to be valid, all ballots sent to
the elector at the board of canvassers must be
voted in conformance with the provisions of section
17-20-14.2.
(e) Any person
knowingly and willfully making a false application or certification, or
knowingly and willfully aiding and abetting in the making of a
false application or certification,
shall be guilty of a felony and shall be subject to the
penalties provided for in section 17-26-1.
(f) In no way shall a
mail ballot application be disqualified if the voter’s circumstances
change between the time of making the application and voting
his or her mail ballot as long as
voter remains qualified to receive a mail ballot under the
provisions of section 17-20-2. The local
board of canvassers shall provide the state board of
elections with written notification of any
change in circumstances to a mail ballot voter.
17-20-2.2. Requirements
for validity of emergency mail ballot 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 section 17-20-2(1) 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 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
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
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
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 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
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)(1) All
applications for emergency 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
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 in this
subdivision 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 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 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 subdivision
17-20-2(3)
17-20-2(1)
shall be mailed to the elector at his or her voting residence the
State of
address provided on the application by the office of the secretary of state, or delivered
by the
local board to a person presenting written authorization
from the elector to receive the ballots, or
cast in private at the local board of canvassers. The
signature of the elector on ballots being cast
pursuant to this subdivision does not need to be notarized or
witnessed. In order to be valid,
the
signature of the voter on the certifying envelope containing a
voted ballot must be made before a
notary public, or other person authorized by law to
administer oaths where signed, or where the
elector voted, or before two (2) witnesses who shall set
forth their addresses on the form. In order
to be valid, all ballots sent to the elector at the
board of canvassers must be voted in conformance
with the provisions of section 17-20-14.2.
(4) All applications
for emergency 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 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)(2)
All applications for emergency mail ballots pursuant to subdivision 17-20-2(5)
17-20-
2(2) must state
under oath the name and location of the hospital, convalescent home, nursing
home, or similar institution where the elector is
confined. All 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 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 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)(3) All
applications for emergency mail ballots made pursuant to section 17-20-2(7)
do not need to be witnessed or notarized. All mail ballots issued pursuant to this
subdivision 17-
20-2(3) shall
be mailed by the office of the secretary of state to the elector at an address outside
the state of
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 the certifying envelope
containing the voted ballots being sent to the
elector pursuant to this issued pursuant to the subdivision does not need to be
notarized or
witnessed. Any voter qualified to receive a mail ballot
pursuant to subdivision 17-20-2(3) shall
also be entitled to cast a ballot pursuant to the
provisions of
(“UOCAVA Act”).
(8) All applications
for emergency 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 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.
(4) All mail ballots
issued pursuant to subdivision 17-20-2(4) shall be cast at the board of
canvassers in the city or town where the elector maintains his
or her voting residence or mailed
by the office of the secretary of state to the elector
at the address within the
provided by the elector on the application, or delivered to
the voter by a person presenting written
authorization by the voter to pick up the ballot. In order to be
valid, the signature of the voter on
all certifying envelopes containing a voted ballot must
be made before a notary public, or other
person authorized by law to administer oaths where signed,
or where the elector voted, or before
two (2) witnesses who shall set forth their addresses on
the form. In order to be valid, all ballots
sent to the elector at the board of canvassers must be
voted in conformance with the provisions of
section 17-20-14.2.
(e) The secretary of
state shall provide each of the several boards of canvassers with a
sufficient number of mail ballots for their voting districts so
that the local boards may provide the
appropriate ballot or ballots to the applicants. It shall be the
duty of each board of canvassers to
process each emergency ballot application in accordance with
this chapter, and it shall be the duty
of each board to return to the secretary of state any
ballots not issued immediately after each
election.
(f) Any person
knowingly and willfully making a false application or certification, or
knowingly and willfully aiding and abetting in the making of a
false application or certification,
shall be guilty of a felony and shall be subject to the
penalties provided for in section 17-26-1.
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 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 enter on the voting list the fact
that a mail ballot application for the voter has been
certified and shall cause the delivery of the
certified mail ballot applications together with the signed
certified listing thereof in sealed
packages to the state board of elections.
(d) (1) Upon the ballots becoming available, the secretary of state
shall immediately,
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 subdivision 17-20-2(3), the secretary of state
shall include with the mail ballots a stamped return
envelope addressed: "Board of Elections,
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 voter's record that the
secretary of state has sent mail
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) [Deleted by P.L.
2005, ch. 167, section 2.]
(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)(i) Within two (2) business days of receipt by the local
board, the board shall certify
emergency mail ballot applications and shall cause the delivery
of the emergency mail ballot
applications, and certification sheet in sealed packages to the
state board of elections.
17-20-10.2.
Official state blank ballots. -- In the event the
official ballot is not available
for issuance and mailing forty-five (45) days before a
general, primary, or special election,
persons applying for a mail ballot under subdivision 17-20-2(7)
17-20-2(3) and persons applying for a
mail ballot through the use of the Federal Post Card
Application (FPCA) shall be issued an
official state blank ballot forty-five (45) days before the
election. Additionally, the voter shall be
sent the official ballot immediately upon the ballots
becoming available. The office of secretary
of state shall be responsible for the arrangement,
preparation, printing and distribution of the
official state blank ballots. The secretary of state shall
also be responsible for all accompanying
candidate listings to the extent that information is available,
instruction sheets, and envelopes.
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
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
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
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
1. 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. If the ballot is not being mailed to your voter
registration address (BOX A above) please provide the
temporarily residing in BOX B above.
( ) 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
2. I am confined in a hospital, convalescent home, nursing home,
rest home, or similar
institution within the State of Complete Provide
the name and address of the
facility where you are residing in 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
3. I am employed or in service intimately connected with military
operations or because I am
a spouse or dependent of such person, or I am a
canvassers.
( ) 8. I am employed
by the (a)( ) state board of elections, (b)( )
elections division of the secretary
of state, (c)( ) a member of the staff of a local
canvassing authority, (d)( ) or a poll worker
assigned to work election day outside of their voting
district.
( ) 4. I may not be
able to vote at the polling place in my city or town on the day of the
election.
If the ballot is not being mailed to your voter
registration address (BOX A above) please provide
the address within the
request that your ballot be sent to your local board of
canvassers please indicate so in BOX B
above.
BOX D OATH OF VOTER
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________________________________________________
Please note: A Power
of Attorney signature is not valid in
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: __________________
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 any
directions that may be printed, stamped, or written on the
application by authority of the secretary
of state, be in substantially the following form:
STATE OF
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 day of the election during the entire period of
time
when the polls are to be open. If not voting 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
provide address in BOX B above. Indicate name of institution.
( ) 3
1. 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 ballot at local board, ballot will be delivered
mailed to the address in BOX A above or to the
If the ballot is to be delivered by the local board of
canvassers to a person presenting written
authorization to pick up the ballot, complete BOX A above and fill
in the person’s name below.
I hereby authorize
_____________________________________ to pick up my ballot at my local
board of canvassers.
( ) 4. I belong to a
religion whose tenets forbid secular activity, including voting, on the day of
election. If not voting ballot at local board, ballot will be
delivered to address in BOX A above.
( ) 5
2. I am confined in a hospital, convalescent home, nursing home,
rest home, or similar
institution within the State of Complete Provide
the name and address of the
facility where you are residing in 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
3. I am employed or in service intimately connected with military
operations or because I am
a spouse or dependent of such person, or I am a
( ) 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.
( ) 4. I may not be
able to vote at the polling place in my city or town on the day of the
election. If
the ballot is not being mailed to your voter registration
address (BOX A above) please provide the
address within the
request that your ballot be sent to your local board of
canvassers please indicate so in BOX B above.
I hereby authorize
_____________________________________ to pick up my ballot at my local
board of canvassers.
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, 3,
4, 5,
6, 7, or 8).
BOX D OATH OF VOTER
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______________________________
Please note: A Power
of Attorney signature is not valid in
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 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__________________________________________
RI 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______________________________________________________________________
Pursuant to section
17-20-8 of the election laws of the State of
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
-- 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."
17-20-14. Voting from hospitals and convalescent homes --
Penalty for interference
Voting from hospitals, convalescent homes, nursing
homes, rest homes or similar
institutions public or private within the State of
(a) The state board of elections shall appoint as many
bipartisan pairs of supervisors as are
necessary whose duty it shall be to attend each hospital, rest
home, nursing home and
convalescent home, or similar types of personal care facility in
the state within twenty (20) days
prior to the election. They shall supervise the casting of
votes by persons using mail ballots at a
place that preserves 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. Every mail ballot cast by a patient in a
hospital or convalescent home within this state
must be witnessed by the state supervisors. It shall be
the duty of the person or persons in charge
of hospitals, rest homes, nursing homes and convalescent
homes, or similar types of personal care
facility to allow the state supervisors to perform their
duties as set forth in this section at all
reasonable times. Every person who willfully hinders the state
supervisors in performing their
duties as set forth in this section shall be guilty of a
misdemeanor.
(b) It shall be the
responsibility of the state board of elections to provide all bipartisan
pairs of supervisors with an official identification card.
All bipartisan pairs of supervisors will be
required to have in their possession their identification card
when conducting official business.
(c) Any person who
deliberately misrepresents themselves as an official of the board of
elections, or who deceives, coerces, or interferes with a voter
casting a ballot, shall be subject to
prosecution under section 17-20-30.
17-20-14.2. Voting from board of canvassers. -- The state
board of elections local
board of canvassers
shall appoint as many pairs of supervisors as are necessary whose duty
it
shall be to attend each board of canvassers in the state
on each of the six (6) business days prior to
the election, on election day, and on any additional days
that the state board shall direct to
supervise the casting of votes by persons using mail ballots at
a place that preserves their secrecy
and to take acknowledgments or serve as witnesses, and
jointly provide assistance, if requested,
to assure proper marking, sealing, and mailing of
ballots as voted. The pairs appointed by the
board of elections shall be "bipartisan", as
defined in this title, unless the persons are members or
employees of the boards of canvassers of the cities and towns.
The state board of elections may,
in its discretion, appoint members and employees of the
boards of canvassers of the cities and
towns to the pairs of supervisors provided for in this
section. Every certifying envelope
containing a mail ballot cast at a board of canvassers must
be witnessed must have the signature
of the elector notarized by an appointed person
authorized by law to administer oaths or before
two (2) appointed witnesses who shall set forth their
signature on the form by the state
supervisors. The certifying envelope of any mail ballot voted
at the local board of canvassers
shall be stamped by the local board to indicate it was
voted on in conformance with the law.
Every person who willfully hinders the state local
supervisors in performing their duties as set
forth in this section shall be guilty of a misdemeanor. The
local board shall transmit a list to the
state board of elections containing the names and
signatures of people authorized to witness mail
ballots.
17-20-21.
Certifying envelopes. -- 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. The envelope shall 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:______________________________
Certificate of Voter
I
__________________________________certify under penalty of perjury
Print Name of Voter
I swear or affirm,
under penalty of perjury, that I am:
that
I am a resident of the state of
____________________________________________________________________________
(Street and number,
if any)
in
the city or town of ______________________________ 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 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)").
I hereby attest under
penalty of perjury that the enclosed voted ballot was cast, and the signature
or mark on this certifying envelope was made by the
voter whose name appears on the label
above.
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)
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
incapacitated because of illness, mental or
physical disability, blindness or a serious mobility
impairment and checked subdivision (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
colored certification envelope for persons intimately
connected with military service and persons
employed outside of the
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__________________
Oath of Elector Casting
the Enclosed Ballot or Ballots
Print Name
I do hereby affirm,
under penalty of perjury that:
(1) I am a citizen of
the
(2) The date of my
birth was ____________________________________;
(3) I am (check
appropriate item):
(a) In the armed
forces of the
(b) In the merchant
marine of the
(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
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
(ii) In the merchant
marine of the
(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
attached to and serving with the armed forces ( ).
(iv)
Employed outside of the
FPCA (Federal Post Card Application) ( )
·
I am a
·
I am a
resident and qualified voter of the State of
·
I am eligible
to cast a mail ballot, because I am one of the following:
·
A member of
the Uniformed Services or merchant marine on active duty or an
eligible
spouse or dependent.
·
A
·
I am not
qualified to vote elsewhere.
______________________________________
(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) of this section 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 that the voter
desires to give.
(d) The voter Voters
receiving a mail ballot pursuant to subdivisions 17-20-2(1), (2), and
(4) 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, that electors casting their ballot
pursuant to section 17-20-2(3) or (7) do not need to have
their ballot witnessed or notarized.
Voters receiving a mail ballot pursuant to subdivision
17-20-2(3) 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 the
ballot 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.
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
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. This act shall take effect upon passage.
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LC01425/SUB A/3
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