Chapter 045
2022 -- H 7100 SUBSTITUTE A
Enacted 06/07/2022

A N   A C T
RELATING TO ELECTIONS -- SECRETARY OF STATE -- LET RI VOTE ACT

Introduced By: Representatives Kazarian, Amore, Fogarty, Alzate, Shanley, Williams, Felix, Giraldo, Kislak, and Carson

Date Introduced: January 12, 2022

It is enacted by the General Assembly as follows:
     SECTION 1. Section 17-6-13 of the General Laws in Chapter 17-6 entitled "Secretary of
State" is hereby amended to read as follows:
     17-6-13. Electoral process education Electoral process education -- Voter information
hotline.
     (a) During each year in which a general election is to be held, the secretary of state shall
identify communities within the state in need of electoral process education by outreaching
community organizations. Electoral process education shall consist of instruction on how a person
may become a candidate for electoral office and how a person registers and votes for candidates
for electoral office. The secretary of state shall furnish electoral process education throughout the
state of Rhode Island in a manner to be determined by the secretary of state.
     (b) The secretary of state shall make available a free telephone hotline to provide the public
with information about the electoral process, including the voting process, registering to vote, and
polling locations. This hotline shall be available in multiple languages.
     SECTION 2. Section 17-9.1-27 of the General Laws in Chapter 17-9.1 entitled
"Registration of Voters" is hereby amended to read as follows:
     17-9.1-27. Periodic updating of voter registration records.
     (a) In every odd-numbered year Not less than four (4) times within a calendar year, the
secretary of state shall update the central voter register using the United States Postal Service
National Change of Address (NCOA) Program. The office of the Secretary secretary of State state
shall be responsible for obtaining the NCOA data and providing each local board of canvassers
with their data; provided, that the updating shall be performed by each local board. The NCOA list
of address changes shall be compared by the local board with lists of registered voters, and if
address changes are detected for any voter, the local board shall institute the confirmation process
described in § 17-9.1-26.
     (b) Each local board of canvassers in each city or town shall send annually, a notice
prescribed by the secretary of state and marked "Do Not Forward -- Return if Undeliverable", to
every active registered voter who has not voted in the past five (5) calendar years and has not
otherwise communicated with the board during that period of time, advising them of their current
polling place and voting eligibility, and informing them that mail that is returned as undeliverable
will initiate the confirmation process described in § 17-9.1-26; provided, however, that the local
boards shall not be obligated to send such notice if the state or federal government fails to
appropriate the necessary funds. The mailing shall take place in all municipalities and be performed
in a uniform manner, in accordance with standards adopted by the secretary of state and the list
maintenance procedures provided by the National Voting Rights Act, 42 U.S.C. § 1973gg.
     (c) The secretary of state shall promulgate regulations for the uniform implementation of
this section, consistent with all applicable federal voting laws.
     (d) Beginning ninety (90) days before any state election and through certification of that
election, local boards shall cease all list maintenance procedures required by this section.
     SECTION 3. Section 17-10-1 of the General Laws in Chapter 17-10 entitled "Canvassing
the Lists of Qualified Electors" is hereby amended to read as follows:
     17-10-1. Maintenance of registration -- Inactive file.
     (a) The local board or its duly authorized agent shall maintain the files of registration cards
in a condition that will correctly represent the registration of qualified voters at all times. It shall
continually purge the cards of voters no longer qualified to vote in the city or town. It shall promptly
record all changes of address, changes of name, and transfers and cancellations of registration.
     (b) If a confirmation card has been mailed to a registered voter at an address outside of the
city or town of the voter's current registered address for voting purposes, or if the confirmation card
has been mailed to an address within the same city or town where the voter is registered, which
card was sent to confirm the voter's continuing residence within the city or town and not merely to
confirm information provided by or through the postal service concerning a change of address
within the city or town, and in both cases the voter has failed to respond to the confirmation card,
the voter shall be stricken from the voting list and the voter registration shall be canceled if the
voter has not voted or appeared to vote in an election during the period beginning on the date of
mailing of the confirmation card and ending on the date after the date of the second general election
that occurs after the date of mailing of the card. Provided, that the registration of any person shall
not be canceled during his or her service in the armed forces of the United States and during two
(2) years thereafter. A voter whose registration has been canceled shall not thereafter be eligible to
vote unless that voter shall again register in accordance with the provisions of this title and in
accordance with the provisions of the Constitution of this state. The local board shall notify the
secretary of state of any cancellation. The local board shall notify each voter whose registration has
been canceled by a notice addressed to the voter at the voter's last known address, and a
memorandum that the notice has been sent shall be maintained on file by the local board; provided,
that failure to give or receive the notice shall not affect the cancellation of the voter's registration.
The local board shall take affirmative action to purge the voter's name from its files of registration
cards.
     (c) Using the central voter registration system, upon receipt of the monthly list of
individuals who have died from the office of vital statistics, as prescribed by § 23-3-5 or provided
by the federal Social Security Administration's master death list, the secretary of state shall identify
all voter registrations that may be reflected on the list and so notify electronically, the local board
of canvassers of each applicable city or town. The local board, upon receipt of the list of deceased
persons from the secretary of state, or upon receipt of an affidavit of death on forms prescribed by
the secretary of state, shall promptly purge its files of registration cards by removing the cards of
each deceased elector and canceling the voter registration information of the deceased elector from
the central voter registration system.
     (d) The local board shall maintain a separate list of all new registrations and all transfers
of registration which are received by the board within the thirty-(30) day (30) period prior to the
close of registration prior to each primary, regular, and special election. The list shall be maintained
until the time that the election is held.
     SECTION 4. Section 17-19-8.1 of the General Laws in Chapter 17-19 entitled "Conduct
of Election and Voting Equipment, and Supplies" is hereby amended to read as follows:
     17-19-8.1. Ballots for voters who are blind, visually impaired, or disabled.
     (a) Any voter who is blind or visually impaired or disabled is eligible to request a special
ballot for voting by mail ballot. Special mail ballots are available in Braille braille or tactile format.
     (b) Requests must be made in writing to the local board of canvassers where the person is
registered to vote or through the electronic voter registration portal established by §§ 17-20-2.3 and
17-20-8 at least forty-five (45) twenty-one (21) days before the election for which the voter is
requesting the special ballot. In addition, the request will be valid for all elections held during the
calendar year in which the request was received and in which the voter is eligible to participate.
Applicants must also file the appropriate mail ballot application as required by chapter 20 of this
title for each election in which they wish to participate.
     (c) The office of the secretary of state shall prepare and provide the appropriate form, which
shall be available at local boards and upon request from the office of the secretary of state. The
voter may also choose to submit his or her request in writing without using the form provided, as
long as the communication contains all of the required information. The request shall include the
following information:
     (1) The name and registered address of the voter;
     (2) A daytime telephone number;
     (3) An indication of whether this request is for the entire calendar year or only for the next
upcoming election;
     (4) The voter's political party affiliation, if the request for a special ballot is also for
primaries; and
     (5) Indicate the special ballot format.
     (d) All requests received by local boards must be processed and forwarded to the office of
the secretary of state within twenty-four (24) hours of receipt. The secretary of state shall maintain
a list of all persons requesting special Braille braille or tactile mail ballots and must forward a copy
of the list to the state board of elections at least eighteen (18) days before the date of any election.
     (e) The state board may adopt rules and regulations for the procedure for the manual
reproduction of voted ballots, when necessary, and the tabulation of Braille braille and tactile mail
ballots.
     (f) The office of the secretary of state shall be responsible for the preparation and
distribution of special Braille braille and tactile mail ballots. Whenever possible, the secretary of
state shall prepare the Braille braille or tactile mail ballot so that the voted ballot can be read by
the tabulation equipment, rather than being manually reproduced by election officials onto a
machine readable ballot.
     (g) The office of the secretary of state may adopt rules and regulations setting forth the
procedure for the preparations preparation and distribution of the Braille braille and tactile mail
ballots.
     (h) The office of the secretary of state shall prepare and publish a guide describing the types
of ballots available and the manner in which each ballot can be voted. This guide shall be revised
whenever the types of ballots available are updated. This guide shall be available in print, Braille
braille, audio, or other accessible formats.
     (i) The office of the secretary of state shall establish a special Braille braille and tactile
ballot program for voters who are blind or visually impaired. The office of the secretary of state
shall expand the special ballot service to other voters with disabilities, as feasible, as determined
by the secretary of state, and incorporate other accessible formats as technology and resources
allow.
     (j) In accordance with the Help America Vote Act of 2003 2002, the voting system at each
polling place shall be accessible for individuals with disabilities, including nonvisual accessibility
for the blind and visually impaired, in a manner that provides the same opportunity for access and
participation as for other voters.
     SECTION 5. Sections 17-20-1, 17-20-1.1, 17-20-2, 17-20-2.1, 17-20-2.2, 17-20-3, 17-20-
8, 17-20-9, 17-20-10, 17-20-13, 17-20-13.1, 17-20-14, 17-20-14.1, 17-20-14.2, 17-20-21, 17-20-
23, 17-20-24.1 and 17-20-30 of the General Laws in Chapter 17-20 entitled "Mail Ballots" are
hereby amended to read as follows:
     17-20-1. Voting by mail ballot.
     The electors of this state who, for any of the reasons set forth in § 17-20-2, being otherwise
qualified to vote, are unable to vote in person, shall have the right to vote, in the manner and time
provided by this chapter, in all general and special elections and primaries, including presidential
primaries in this state for electors of president and vice-president of the United States, United States
senators in congress Congress, representatives in congress Congress, general officers of the state,
senators and representatives in the general assembly for the respective districts in which the elector
is duly qualified to vote, and for any other officers whose names appear on the state ballot and for
any city, town, ward, or district officers whose names appear on the respective city or town ballots
in the ward or district of the city or town in which the elector is duly qualified to vote, and also to
approve or reject any proposition of amendment to the Constitution or other propositions appearing
on the state, city, or town ballot.
     17-20-1.1. Declaration of policy.
     Those electors who are unable to vote in person at the polls for the reasons set forth in §
17-20-2 vote by mail are entitled to vote in a manner which reasonably guarantees the secrecy of
their ballots. The procedures set forth in this chapter are designed to promote the effective exercise
of their rights while safeguarding those voters who utilize the mail ballot process from harassment,
intimidation, and invasion of privacy. The procedures are intended to prevent misuse of the
electoral system by persons who are not eligible to vote by mail ballot. The provisions of this
chapter shall be interpreted to effectuate the policies set forth in this section.
     17-20-2. Eligibility for mail ballots.
     Any otherwise qualified elector may vote by mail ballot in the following circumstances:
     (1) An elector, within the State of Rhode Island who is incapacitated to the extent that 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;
     (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 Rhode Island;
     (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 United States citizen that who will be outside of the United States;
     (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 chooses to vote by mail for any reason.
     17-20-2.1. 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 a form prepared by the
secretary of state as prescribed in this section, setting forth the elector's application for a mail ballot
or may apply online in accordance with § 17-20-2.3.
     (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 To receive a ballot in the mail,
an elector must submit an application in person or by mail, so that it is received by the local board,
or received electronically through the portal established by § 17-20-2.3, 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 § 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 mail ballots issued pursuant to subdivision § 17-20-2(1) shall be mailed to the
elector at the Rhode Island address provided by the elector on the application. In order to be valid,
the voter must affix his or her 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.
     (2) All applications for mail ballots pursuant to § 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 mail ballots issued pursuant to 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 § 17-20-14.
     (3) All mail ballots issued pursuant to subdivision § 17-20-2(3) shall be mailed to the
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 voter must
affix his or her signature of the elector on the certifying envelope containing voted ballots 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 United
States Public Law 99-410 Uniformed and Overseas Citizens Absentee Voting Act ("UOCAVA
Act").
     (4) All mail ballots issued pursuant to subdivision § 17-20-2(4) may be mailed to the elector
at the address within the United States 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 voter must affix his or her 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 § 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 § 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 the
voter remains qualified to receive a mail ballot under the provisions of § 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 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 is eligible to vote
by emergency mail ballot according to this chapter. Within twenty (20) days or less prior to any
election, the elector may obtain from the local board an application for an emergency mail ballot
or may complete an emergency in-person mail ballot application on an electronic poll pad at the
board of canvassers where the elector maintains his or her residence.
     (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, or received electronically through
the portal established by § 17-20-2.3, 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, except those emergency mail ballots being cast pursuant to subsection (g) of this section, in
order to be valid, must have been cast in conformance with the following procedures:
     (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the
state of Rhode Island 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. In order to be valid, the voter must
affix his or her 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 § 17-20-14.2.
     (2) All applications for emergency mail ballots pursuant to § 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 mail ballots issued pursuant to this subdivision shall be delivered
to the elector by the bipartisan pair of supervisors, appointed in conformance with this chapter, and
shall be voted and witnessed in conformance with the provisions of § 17-20-14.
     (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed by the office of the
secretary of state to the elector at an address 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 issued pursuant
to the subdivision does not need to be notarized or witnessed. Any voter qualified to receive a mail
ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of
United States Public Law 99-410 Uniformed and Overseas Citizens Absentee Voting Act
("UOCAVA Act").
     (4) All mail ballots issued pursuant to § 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 United States 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 voter must affix his or her 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
§ 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 § 17-26-1.
     (g) An emergency mail ballot application may be completed in person using an electronic
poll pad provided by the board of canvassers upon presentation by the voter of valid proof of
identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be
provided with a ballot issued by the secretary of state and upon completion of the ballot by the
voter, the voter shall place the ballot into the state-approved electronic voting device, provided by
the board of elections and secured in accordance with a policy adopted by the board of elections.
     17-20-3. Definitions.
     (a) Wherever used in this chapter, every word importing only the masculine gender is
construed to extend to, and include, females as well as males.
     (b) Whenever used in this chapter, "bipartisan pairs of supervisors" for primaries means a
supervisor representing the endorsed candidates and a supervisor representing a majority of
unendorsed candidates, and for nonpartisan elections and primaries means non-partisan pairs of
supervisors.
     (c) Wherever used in this chapter, "employed outside of the United States" includes any
person who is:
     (1) Employed by any agency, department, or division of the United States government and
who, by reason of that employment, resides outside of the continental United States;
     (2) Employed outside the territorial limits of the United States; or
     (3) A spouse or dependent residing with persons so employed.
     (d) Wherever used in this chapter, "services intimately connected with military operations"
includes members of religious groups or welfare agencies assisting members of the armed forces
who are officially attached to and serving with the armed forces and their spouses and dependents,
and the spouses and dependents of members of the armed forces and of the merchant marine;
provided, that the spouses and dependents are residing outside of the state with the members of the
armed forces, merchant marine, or members of the religious or welfare agencies.
     (e) Whenever a signature is required by a voter in this chapter, "signature" also means the
voter's mark "X" if the person is unable to sign his or her name because of physical incapacity or
otherwise.
     (f) Whenever used in this chapter, "bipartisan" means not of the same recognized political
party.
     (g) Whenever used in this chapter, "emergency" voting pursuant to § 17-20-2.2(g) shall be
construed to mean "early" voting.
     17-20-8. Application for ballot.
     (a) 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".
     (b) Notwithstanding any other provision of this chapter as to time and manner thereof, it
shall be the duty of the applicant to cause the mail ballot application or the emergency mail ballot
application, as the case may be, to be processed by the local board so that the applicant may receive
the ballot, cast it, and cause delivery thereof to be made to the state board not later than eight o'clock
(8:00) p.m. on the date of election.
     (c) The local board shall maintain a separate list of names and addresses of all applicants
and their subscribing witnesses and a copy of the list shall be made available for inspection to any
person upon request.
     (d) Any person knowingly and willfully making a false application or certification or
knowingly and willfully aiding and abetting in the making of a false application or certification
shall be guilty of a felony.
     (e) Voters shall be able to apply for a mail ballot electronically through the voter
registration portal established by § 17-20-2.3.
     17-20-9. Application by permanently disabled or incapacitated voters Application by
permanently disabled or incapacitated voters and nursing home residents.
     (a) A voter who is indefinitely confined because of physical illness or infirmity or is
disabled for an indefinite period or who is a long-term resident in a nursing home, may, by signing
an affidavit to that effect, request that an absentee a mail ballot application be sent to him or her
automatically for every election. The affidavit form and instructions shall be prescribed by the
secretary of state, and furnished upon request to any elector by each local board of canvassers. The
envelope containing the absentee mail ballot application shall be clearly marked as not forwardable.
If any elector is no longer indefinitely confined or is no longer residing in a nursing home, he or
she shall notify the clerk of the local board of canvassers of this fact. The clerk shall remove the
name of any voter from the mailing list established under this section upon receipt of reliable
information that a voter no longer qualifies for the service. The voter shall be notified of the action
within five (5) days after the board takes the action.
     (b) The affidavit form and instructions prescribed in this section shall be mailed to the
applicant along with a stamped return envelope addressed to the local boards of canvassers. The
secretary of state may process applications pursuant to this section through the online mail ballot
application portal established by § 17-20-2.3.
     (c) For purposes of this section, "nursing home" refers to facilities defined and licensed by
the department of health. "Long-term" excludes any residents temporarily residing in such a facility
for rehabilitation.
     (d) The secretary of state shall maintain a list in the central voter registration system of all
voters who automatically receive applications for mail ballots, pursuant to this section.
     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 central
voter registration 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 §
17-20-2(1), the secretary of state shall include with the mail ballots a stamped, return envelope
addressed to the board of elections.
     (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) 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.
     (g) The acceptance of a mail ballot application by the board of canvassers and the issuance
of a mail ballot by the secretary of state shall not create any presumption as to the accuracy of the
information provided by the applicant or as to the applicant's compliance with the provisions of
this chapter. Any inaccuracy in the provided information or irregularity in the application may be
raised as a challenge to the ballot before the board of elections at the time of certification. If the
challenge raised at that time is meritorious, the ballot shall be voided.
     (h) 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.
     17-20-13. 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
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 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. If the ballot is not being mailed to your voter registration address (BOX A above) please
provide the Rhode Island address where you are temporarily residing in BOX B above.
     () 2. I am confined in a hospital, convalescent home, nursing home, rest home, or similar
institution within the State of Rhode Island. Provide the name and address of the facility where you
are residing in BOX B above
     () 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 United States citizen and will be outside the
United States. Complete BOX B above or the ballot will be mailed to the local board of canvassers.
     () 4. I may not be able to vote at the polling place in my city or town on the day of the
election. I choose to vote by mail. If the ballot is not being mailed to your voter registration address
(BOX A above) please provide the address within the United States where you are temporarily
residing in BOX B above. If you 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 Rhode Island.
     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 RHODE ISLAND
EMERGENCY APPLICATION OF VOTER FOR BALLOT FOR ELECTION ON________
(COMPLETE HIGHLIGHTED SECTIONS)
NOTE -- THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF
CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M. ON________
BOX A (PRINT OR TYPE)
NAME
VOTING ADDRESS
CITY/TOWN ______________STATE RI ZIP 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 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. If not voting ballot at local board, ballot will be mailed to the address in BOX A above
or to the Rhode Island address provided in BOX B above. 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.
     ( ) 2. I am confined in a hospital, convalescent home, nursing home, rest home, or
similar institution within the State of Rhode Island. Provide the name and address of the facility
where you are residing in BOX B above.
     ( ) 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 United States citizen who will be
outside the United States. If not voting ballot at local board, provide address in BOX B above.
     ( ) 4. I may not be able to vote at the polling place in my city or town on the day of the
election I choose to vote by mail. If the ballot is not being mailed to your voter registration address
(BOX A above) please provide the address within the United States where you are temporarily
residing in BOX B above. If you 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.
     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 Rhode Island.
     17-20-14. Voting from hospitals, convalescent homes, nursing homes, rest homes or
similar institutions, public or private, within the State of Rhode Island -- Penalty for
interference.
     (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 § 17-20-30.
     17-20-14.1. Mail ballots -- Local supervision.
     Each local board shall be authorized to appoint one or more bipartisan pairs of supervisors
in the manner that other bipartisan pairs of supervisors are appointed for each election, whose duty
it shall be to attend each person who makes an application for a mail ballot under §§ 17-20-2.1 and
17-20-2.2, who does not fall under the provisions of § 17-20-14, and who requests that a bipartisan
pair of supervisors be sent by the board of canvassers to that person's place of residence for the
purpose of supervising or assisting the mail voter in casting his or her vote. The bipartisan pairs of
supervisors shall supervise the casting of votes by persons using the mail ballot at a place that
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. The
failure or neglect of any local board to appoint these bipartisan pairs, or the failure or neglect of
any pair to attend any place at which a mail voter's ballot may be used, or the marking, sealing, or
mailing of ballots in the absence of any pair, shall not invalidate any ballot.
     17-20-14.2. Voting from board of canvassers.
     The local board of canvassers shall appoint as many supervisors as are necessary whose
duty it shall be 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. Every
certifying envelope containing a mail ballot cast at a board of canvassers 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. 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 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 the time prescribed by § 17-18-11 for the closing of polling places on the
day of election."
Date of Election______________ City/Town of__________________
Certificate of Voter
Print Name of Voter
     I swear or affirm, under penalty of perjury, that I am:
     I am a United States citizen;
     I am a resident and qualified voter of the State of Rhode Island;
     I am eligible to cast a mail ballot under the provisions of § 17-20-2; and
     I am not qualified to vote elsewhere. I have not and will not vote elsewhere in
     this election.
     I hereby attest under the pains and penalty of perjury, that the enclosed voted
ballot was cast by me, and that the signature or mark on this certifying envelope was
made by me.
     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)(Print Name) (Address)
     (Signature)(Print Name) (Address)
     Note: Mail ballots must either be sworn to before a notary public or before two (2)
witnesses who must sign their names and addresses.
     17-20-23. Marking and certification of ballot.
     (a) A voter may vote for the candidates of the voter's choice by making a mark in the space
provided opposite their respective names.
     (b) 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.
     (c) Voters receiving a mail ballot pursuant to § 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. Voters receiving a mail ballot pursuant to § 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 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.
     (d) These ballots shall be counted only if received within the time limited by this chapter.
     (e) 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 §§ 17-19-31 and 17-20-
24.
     17-20-24.1. Irregularities in obtaining and casting mail ballots.
     The requirements set forth by this chapter controlling mail ballot eligibility and the
procedure by which mail ballots are obtained and cast shall be strictly applied to assure the integrity
of the electoral system. No mail ballot which was not obtained and/or cast in material conformance
with the provisions of this title shall be certified by the board of elections. Notwithstanding the
provisions of § 34-12-3 to the contrary, any mail ballot application or mail ballot certification
notarized by a person who is not in fact a notary public or other officer authorized to administer
oaths and take acknowledgements shall be void. Nothing in this chapter shall be construed to
require the disqualification of a ballot merely because the elector did not sign the elector's full name
as it is listed on the voter registration list, but omitted or included a middle initial or name,
abbreviated a first and/or middle name, or made a similar omission or inclusion, as long as the
board of elections can reasonably determine the identity of the voter.
     17-20-30. Penalty for violations.
     (a) Any person who knowingly makes or causes to be made any material false statement in
connection with his or her application to vote as a mail voter, or who votes or attempts to vote
under the provisions of this chapter, by fraudulently signing the name of another upon any envelope
provided for in this chapter, or who, not being a qualified voter and having knowledge or being
chargeable with knowledge of the fact, attempts to vote under this chapter, or who votes the ballot
of another voter, or who deliberately prevents or causes to prevent the mail ballot to be received by
the voter or to be returned to the board of elections, or who falsely notarizes or witnesses the voter
signature on the ballot application or mail ballot, or who deceives, coerces, or interferes with the
voter casting his or her ballot, and any person who does or attempts to do, or aid in doing or
attempting to do, a fraudulent act in connection with any vote cast or to be cast under the provisions
of this chapter, shall be guilty of a felony.
     (b) Any person who, having received a mail voter's ballot and having voted or not voted
the mail ballot, votes or fraudulently attempts to vote at any elective meeting within the state held
on the day for which the ballot was issued shall be guilty of a felony.
     (c) Any officer or other person who intentionally opens a mail voter's certified envelope or
examines the contents before the envelope is opened by the board of elections, as provided in this
chapter, shall be guilty of a felony.
     (d) The offenses in this section shall be punishable by imprisonment of not more than ten
(10) years and/or by a fine of not less than five hundred dollars ($500) nor more than five thousand
dollars ($5000).
     SECTION 6. Chapter 17-20 of the General Laws entitled "Mail Ballots" is hereby amended
by adding thereto the following sections:
     17-20-2.3. Online application for mail ballot.
     (a) In addition to any other available means of applying for a mail ballot, the secretary of
state shall establish and maintain a system, through which voters may apply for a mail ballot online.
     (b) Applications filed using such system shall be considered filed on the calendar date the
application is initially transmitted by the voter through the online mail ballot application system.
     (c) A voter shall be able to apply for a mail ballot using the online ballot application system
when the voter:
     (1) Completes an online mail ballot application form, established by the secretary of state,
substantially similar to the paper-based mail ballot application form established by § 17-20-13;
     (2) Affirms, subject to penalty of perjury, by means of electronic or manual signature, that
the information contained in the mail ballot application is true; and
     (3) Verifies the voter's identity by providing the voter's date of birth and a Rhode Island
driver's license number or state identification number.
     (d) The portal for mail ballot applications shall be available in any language required by
federal or state voting rights laws.
     (e) To ensure full, equal, and independent access to all voters with disabilities, the portal
for mail ballot applications shall comply with all requirements under Title II of the Americans with
Disabilities Act, 42 U.S.C. §§ 12131-12165, and Web Content Accessibility Guidelines (WCAG)
2.0 compliance level AA.
     17-20-22.1. Mail ballot drop boxes.
     (a) "Drop box" means the locked and secure container established and maintained by the
board of elections, in accordance with this section, that shall serve as a receptacle for the receipt of
mail and emergency ballots cast by voters. Every drop box established by the board of elections
shall be deemed to be the property of the board of elections and shall be accessible to the public,
beginning twenty (20) days prior to the date of a state election and twenty-four (24) hours per day
and seven (7) days per week throughout this period, if established outside a municipal building,
and during the normal business hours of the facility if established inside a municipal building. All
drop boxes must be accessible on election day, from the time polls open until the time they close,
in accordance with §§ 17-18-10 and 17-18-11. Any ballot that is cast by a voter, as either a mail
ballot, or emergency ballot, and is deposited into a drop box on or before the close of polls on
election day, shall be deemed to be received by and in the possession of the board of elections. At
the close of polls on election day, upon the last ballot deposited by any person in line at that time,
a designated agent of the board of elections shall ensure that no other ballots are deposited in the
drop box.
     (b) Drop boxes must be labeled "State of Rhode Island Official Ballot Drop Box for Mail
Ballots," and include language about postage and display the official seal of the board of elections.
Drop boxes must be accessible by persons with disabilities. Drop boxes shall be monitored by a
video surveillance system.
     (c) No town or city shall have fewer than one drop box. A drop box may be established
inside a municipal building, only if the building remains open and accessible to the public
throughout the prescribed time period prior to election day and until the close of the polls, in
accordance with § 17-18-10. A drop box shall also be placed outside the Office office of the Board
board of Elections elections and the Election Division election division of the Office office of the
Secretary secretary of State state. Drop boxes must be placed in locations that are accessible to
persons with disabilities.
     (d) Each local board of canvassers shall determine the location of every drop box located
within the geographic area over which that local board has authority, in accordance with the
regulations promulgated by the board of elections.
     (e) Each drop box shall not accept the deposit of mail ballots after the last person in line to
deposit a ballot in that drop box at the time the polls close, on the day of the election, has deposited
their ballot.
     (f) Each local board shall make the location of every drop box within the area over which
it has authority publicly available on its website, to the extent feasible. The board of elections shall
make the location of all drop boxes located within the state, publicly available at its office and on
its website.
     (g) The board of elections shall designate one or more staff members of each local board
of canvassers, as the official agents of the board of elections, for purposes of retrieving ballots
deposited in drop boxes and establish a schedule and process by which drop boxes are regularly
emptied and any ballots they contain are securely and promptly transported to the board of
elections.
     (h) The board of elections shall promulgate regulations consistent with this section,
including regulations for the location of drop boxes and the receipt, storage, security, regular
collection, and transportation of the mail ballots returned.
     (i) The board of elections may promulgate regulations for the use of drop boxes for
depositing mail ballot applications during the applicable timeframe for accepting mail ballot
applications.
     SECTION 7. Section 17-20-32 of the General Laws in Chapter 17-20 entitled "Mail
Ballots" is hereby repealed.
     17-20-32. Inquiry by board of elections.
     Upon the request of any candidate for public office and upon a showing of good cause for
it or upon its own motion, the board of elections shall inquire into any notary public or witness who
witnesses the voter signatures on more than fifty (50) mail ballot envelopes in any one election and
any notary public or witness who the board has reason to believe has not complied with the
provisions of this chapter. The inquiry shall attempt to determine whether the notary public or
witness was actually present when the documents were signed by the voters and whether all other
applicable requirements set forth in this chapter were complied with. Any criminal violation of this
chapter uncovered by the board of elections shall be referred to the state police for further
investigation.
     SECTION 8. This act shall take effect upon passage.
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LC003657/SUB A
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