2019 -- S 0482

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LC001948

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

     

     Introduced By: Senator Erin Lynch Prata

     Date Introduced: February 27, 2019

     Referred To: Senate Judiciary

     (Board of Elections)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-20-2.2 of the General Laws in Chapter 17-20 entitled "Mail

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Ballots" is hereby amended to read as follows:

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     17-20-2.2. Requirements for validity of emergency mail ballots Requirements for

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validity of emergency mail ballots and emergency mail ballot applications.

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     (a) Any legally qualified elector of this state whose name appears upon the official voting

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list of the town or district of the city or town where the elector is so qualified, who on account of

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circumstances manifested twenty (20) days or less prior to any election becomes eligible to vote

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by mail ballot according to this chapter, may obtain from the local board an application for an

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emergency mail ballot.

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     (b) The emergency mail ballot application, when duly executed, shall be delivered in

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person or by mail so that it shall be received by the local board not later than four o'clock (4:00)

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p.m. on the last day preceding the date of the election.

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     (c) The elector shall execute the emergency mail ballot application in accordance with the

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requirements of this chapter, which application shall contain a certificate setting forth the facts

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relating to the circumstances necessitating the application, except electors casting the emergency

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mail ballot under § 17-20-2(4) at the local board of canvassers, who shall sign an electronic poll

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book containing a certificate setting forth the facts relating to the circumstances necessitating the

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application.

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     (d) In addition to those requirements set forth elsewhere in this chapter, an emergency

 

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mail ballot, in order to be valid, must have been cast in conformance with the following

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procedures:

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     (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the

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elector at the State of Rhode Island address provided on the application by the office of the

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secretary of state, or delivered by the local board to a person presenting written authorization

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from the elector to receive the ballots, or cast in private at the local board of canvassers. In order

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to be valid, the signature of the voter on the certifying envelope containing a voted ballot must be

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made before a notary public, or other person authorized by law to administer oaths where signed,

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or where the elector voted, or before two (2) witnesses who shall set forth their addresses on the

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form. In order to be valid, all ballots sent to the elector at the board of canvassers must be voted

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in conformance with the provisions of § 17-20-14.2.

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     (2) All applications for emergency mail ballots pursuant to subdivision 17-20-2(2) must

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state under oath the name and location of the hospital, convalescent home, nursing home, or

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similar institution where the elector is confined. All mail ballots issued pursuant to this

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subdivision shall be delivered to the elector by the bi-partisan pair of supervisors, appointed in

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conformance with this chapter, and shall be voted and witnessed in conformance with the

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provisions of § 17-20-14.

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     (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed by the

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office of the secretary of state to the elector at an address provided by the elector on the

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application, or cast at the board of canvassers in the city or town where the elector maintains his

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or her voting residence. The signature of the elector on the certifying envelope containing the

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voted ballots issued pursuant to the subdivision does not need to be notarized or witnessed. Any

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voter qualified to receive a mail ballot pursuant to subdivision 17-20-2(3) shall also be entitled to

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cast a ballot pursuant to the provisions of United States Public Law 99-410 ("UOCAVA Act").

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     (4) All mail ballots issued pursuant to subdivision 17-20-2(4) shall be cast at the board of

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canvassers in the city or town where the elector maintains his or her voting residence or mailed

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by the office of the secretary of state to the elector at the address within the United States

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provided by the elector on the application, or delivered to the voter by a person presenting written

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authorization by the voter to pick up the ballot. In order to be valid, the signature of the voter on

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all certifying envelopes containing a voted ballot must be made before a notary public, or other

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person authorized by law to administer oaths where signed, or where the elector voted, or before

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two (2) witnesses who shall set forth their addresses on the form. If the ballot is cast immediately

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at the local board by the elector into an optical scan precinct count unit, the certifying envelope is

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not necessary, and the voter is required to sign the electronic poll book. In order to be valid, all

 

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ballots sent to the elector at the board of canvassers must be voted in conformance with the

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provisions of § 17-20-14.2.

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     (5) Any emergency ballot issued under the provisions of this section and cast at the board

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of canvassers in the city or town where the elector maintains his or her voting residence shall be

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cast into an optical scan precinct count unit provided to the board of canvassers by the board of

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elections. Electors casting ballots pursuant to this subsection shall comply with § 17-19-24.2 and

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sign their name on an electronic poll book prior to casting a ballot.

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     (e) The secretary of state shall provide each of the several boards of canvassers with a

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sufficient number of mail ballots for their voting districts so that the local boards may provide the

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appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to

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process each emergency ballot application in accordance with this chapter, and it shall be the duty

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of each board to return to the secretary of state any ballots not issued immediately after each

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election.

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     (f) Any person knowingly and willfully making a false application or certification, or

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knowingly and willfully aiding and abetting in the making of a false application or certification,

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shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- MAIL BALLOTS

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     This act would permit emergency mail ballots at any time prior to any election and would

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require that electors sign an electronic poll book containing a certificate of facts relating to the

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circumstances necessitating the emergency application. If the elector casts their ballot

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immediately using an optical scan precinct count unit, the certifying envelope is not necessary.

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     This act would take effect upon passage.

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