Chapter 267

2012 -- S 2335 AS AMENDED

Enacted 06/18/12

 

A N A C T

RELATING TO ELECTIONS - MAIL BALLOTS

          

     Introduced By: Senators Pichardo, Tassoni, Felag, DiPalma, and P Fogarty

     Date Introduced: February 07, 2012

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 17-20-6.1 of the General Laws in Chapter 17-20 entitled "Mail

Ballots" is hereby amended to read as follows:

 

     17-20-6.1. 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);

      (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 general elections for federal office or for the time period

specified by federal law 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. This act shall take effect upon passage.

     

=======

LC01044

=======