§ 17-20-9. 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 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 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.
(e) [Expires December 31, 2025.] Eligible disabled voters shall be entitled to electronically receive and return their mail ballot, using the same electronic transmission system as that used by voters covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). This electronic process shall satisfy the federal Rehabilitation Act, section 508 concerning accessibility standards.
(f) [Expires December 31, 2025.] For purposes of this section, “eligible disabled voter” means a person with disabilities eligible to vote who is 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.
History of Section.
P.L. 1978, ch. 258, § 2; P.L. 1983, ch. 172, § 11; P.L. 1988, ch. 297, § 1; P.L. 2001,
ch. 56, § 1; P.L. 2001, ch. 121, § 1; P.L. 2022, ch. 45, § 5, effective June 7, 2022;
P.L. 2022, ch. 46, § 5, effective June 7, 2022; P.L. 2022, ch. 188, § 1, effective
June 27, 2022; P.L. 2022, ch. 189, § 1, effective June 27, 2022; P.L. 2023, ch. 395,
art. 2, § 4, effective June 27, 2023.