§ 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 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 their name because of blindness, disability, or inability to read or write, the voter or their assistant shall mark a box to indicate the voter cannot sign due to blindness, disability, or inability to read or write and include the full name, residence address, signature, and optionally the telephone number and e-mail address, of the person who provided assistance to the voter on a form provided by the secretary of state. The representation relating to the voter’s inability to sign shall be made under the pains and penalties of perjury.
(c) 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. In those cases where an application to receive a mail ballot is postmarked by the twenty-first (21st) day before the date of an election and received not later than eighteen (18) days before the date of an election, the application shall be considered received on or prior to the last day to apply for a mail ballot.
(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 § 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 their signature on all certifying envelopes containing a voted ballot.
(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 § 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.
(3) All mail ballots issued pursuant to § 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 their voting residence. In order to be valid, the voter must affix their signature on the certifying envelope containing voted ballots. 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, the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
(4) All mail ballots issued pursuant to § 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 their voting residence. In order to be valid, the voter must affix their signature on all certifying envelopes containing a voted ballot. 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 their 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.
History of Section.
P.L. 1983, ch. 172, § 9; P.L. 1984, ch. 231, § 1; P.L. 1984, ch. 391, § 1; P.L. 1985,
ch. 161, § 1; P.L. 1985, ch. 294, § 1; P.L. 1987, ch. 386, § 1; P.L. 1987, ch. 439,
§ 1; P.L. 1989, ch. 435, § 1; P.L. 1990, ch. 227, § 1; P.L. 1991, ch. 314, § 1; P.L.
1992, ch. 205, § 1; P.L. 2001, ch. 56, § 1; P.L. 2001, ch. 121, § 1; P.L. 2005, ch.
354, § 1; P.L. 2005, ch. 396, § 1; P.L. 2011, ch. 190, § 1; P.L. 2011, ch. 217, §
1; P.L. 2022, ch. 45, § 5, effective June 7, 2022; P.L. 2022, ch. 46, § 5, effective
June 7, 2022; P.L. 2024, ch. 191, § 1, effective June 17, 2024; P.L. 2024, ch. 192,
§ 1, effective June 17, 2024.