2021 -- H 6003

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LC001937

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO ELECTIONS

     Introduced By: Representatives Kazarian, Amore, and Fogarty

     Date Introduced: February 26, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-6-4 and 17-6-13 of the General Laws in Chapter 17-6 entitled

"Secretary of State" are hereby amended to read as follows:

     17-6-4. Absentee, shut-in, and war ballots Printing and distribution of mail ballots.

     The secretary of state shall prepare, print, and furnish all application forms for absentee,

shut-in, and war mail ballots. The secretary of state shall arrange, print, and distribute all these mail

ballots, together with instruction sheets and the required instructions, secrecy sleeves, return

envelopes, and any other materials required by law, in accordance with the requirements of this

title.

     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. The secretary may partner

with entities that are not state agencies, to operate this hotline.

     SECTION 2. Sections 17-9.1-26, 17-9.1-27 and 17-9.1-34 of the General Laws in Chapter

17-9.1 entitled "Registration of Voters" are hereby amended to read as follows:

     17-9.1-26. Confirmation process -- Verification of the address of registered voter.

     (a)(1) Whenever: (i) An acknowledgement card that was mailed to a voter whose

application to register to vote has been accepted is returned as undeliverable; (ii) Through the

periodic updating of voter registration records as provided in § 17-9.1-27, a change of address is

detected for any voter; (iii) As the result of a challenge under § 17-9.1-28, the challenged voter

fails to appear before the local board; or (iv) A mailing by the jury commissioner to a voter is

returned as undeliverable; the local board shall begin the confirmation process described in

subsection (b) of this section.

     (2) Whenever any other official mailing, from either the state board or a local board or

from the office of the secretary of state, which official mailing has been sent to at least a majority

of the registered voters in a particular city or town, is returned as undeliverable to any one or more

of the voters to whom it was mailed, the local board may commence the confirmation process

described in subsection (b) of this section.

     (b) The confirmation notice shall, unless otherwise specified in § 17-9.1-27, be sent by

first-class, forwardable mail and shall be of any size or other specifications that shall be determined

by the state board. The notice shall include a voter registration form that may be used by the voter

to verify or correct the voter's residence address for voting purposes.

     (c) The confirmation notice shall be prepared in substantially the following form and shall

contain substantially the following information, subject to any additional information as may be

required by the state board; provided, that the wording of the form may be to conform with the

requirements of § 17-9.1-27 or revised and updated from time to time by the state board in a manner

to make its content as easily readable and understandable as possible:

     The board of canvassers has received information that you may no longer reside at the

address from which you are currently registered. If you have not permanently changed your

residence address, or if you have permanently changed your residence address but continue to live

in the same city or town, you should immediately return the voter registration form no later than

fourteen (14) days after the date of this mailing even if this notice was mailed to your correct current

address. If the voter registration form is not returned, affirmation or confirmation of your current

address may be required at the polls on election day. If the registration form is not returned and you

do not vote by __________, which is the date of the second general election following the date of

this mailing, then your name may be removed from the voter registration list. If you have

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permanently changed residence address to another city or town in Rhode Island, please complete

and return the completed voter registration form to the local board of canvassers in the city or town

of your current address.

     (d) The confirmation notice shall be mailed to both the voter's current registered address

and any new residence address, to the extent both addresses are available to the local board.

     (e) If a confirmation notice is mailed to a voter and returned as undeliverable, or if delivered

and the voter has not responded within fourteen (14) days from the date of the mailing, the voter

shall remain on, or be placed on, the inactive list and shall not be permitted to vote until the voter

has signed an affirmation form at either the approved polling place or at the local board of

canvassers as provided in this chapter. Any application for a mail ballot under § 17-20-2.1 or an

emergency mail ballot under § 17-20-2.2 shall serve as a proper affirmation form under this section

if the address is the same as the voter's current address on record with the board of canvassers. If

the voter fails to vote by the second general election following the date of the confirmation mailing,

then the voter shall be removed from the voting list. Notwithstanding the foregoing provisions, if

the confirmation mailing was based upon the change of address information provided by or through

the United States Postal Service National Change of Address Program, and the voter has failed to

respond to the confirmation mailing, the voter shall remain on the active list of voters and shall not

be required to sign the affirmation form. In these cases, the voter's residence address for voting

purposes will be changed by the local board to the new address as indicated by the National Change

of Address Program.

     (f) Local boards shall be required to maintain for a period of at least two (2) years a record

of all outgoing confirmation mailings, including the reasons for the mailing of the confirmations.

Records shall be kept in a fashion that may be determined by the state board.

     17-9.1-27. Periodic updating of voter registration records Periodic updating of voter

registration records. [Effective until July 1, 2022.]

     (a) In every odd-numbered 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 of 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

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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.

     17-9.1-34. Electronic registration of voters.

     (a) The secretary of state shall establish, maintain, and administer a portal for electronic

voter registration. An applicant may use such portal to register to vote, or to update existing voter

registration information, or apply for a mail ballot in accordance with § 17-20-8 provided:

     (1) The applicant's information is verifiable in the manner described in subsection (b) of

this section;

     (2) The applicant's signature is in a database described in subsection (b) of this section; and

     (3) Such signature may be imported into such system for electronic voter registration.

     (b) Upon request of the secretary of state, a state agency, quasi-public agency, or

municipality shall provide information to the secretary of state that the secretary of state deems

necessary to maintain the system for electronic voter registration, and the information so obtained

shall be used for no other purpose. The secretary of state shall verify applicant information by cross-

referencing information submitted by applicants with data or information contained in any state

agency's, quasi-public agency's, or municipality's database or a database administered by the

federal government, or any voter registration database of another state. The secretary of state shall

not use the information obtained from any such databases except to verify information submitted

by the applicant. The applicant's signature, if part of the data contained in the state agency's, quasi-

public agency's, or municipality's database, shall be included as part of the applicant's information

contained in the system for electronic voter registration. No information viewed or received by the

secretary of state pursuant to this subsection may be transferred to, shared with, or otherwise

conveyed to any other governmental or non-governmental entity for any reason except for voter

registration purposes or pursuant to a court order.

     (c) The submission of an electronic application shall contain all of the information that is

required for an application under § 17-9.1-9, with the exception of the signature, which shall be

obtained from another state agency, quasi-public agency, or municipality's database pursuant to

subsection (b) of this section.

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     (d) An applicant using the system shall mark the box associated with the following

statement included as part of the electronic application:

     "By clicking on the box below, I swear or affirm all of the following under penalty of

perjury:

     (1) I am the person whose name and identifying information is provided on this form, and

I desire to register to vote or update my voter registration information in the state of Rhode Island.

     (2) All of the information I have provided on this form is true and correct as of the date I

am submitting this form.

     (3) I authorize a Rhode Island state agency, quasi-public agency, or municipality to

transmit, for voter registration purposes, to the secretary of state and my city's/town's board of

canvassers my signature that is on file with such state agency, quasi-public agency, or municipality.

I understand that the secretary of state and my city's/town's board of canvassers will use such

signature on this electronic voter registration application as if I had signed this form personally."

     (e) Upon approval of such application, the boards of canvassers shall send a confirmation

notice to the applicant.

     (f) The secretary of state may enter into an agreement and exchange information or data

with any other state exclusively for the purposes of updating the statewide central voter register

and registering voters, provided such activities are performed under the supervision of the secretary

of state and the secretary of state enters into an agreement to protect the confidentiality of such

information or data. A Rhode Island state agency shall provide the secretary of state with

information or data to be used exclusively for voter registration purposes and shall advise the

secretary of state if such information or data is held confidential. The secretary of state shall not

use or transmit the information or data for any purpose except for voter registration purposes or

pursuant to a court order.

     (g) To ensure full, equal, and independent access to all voters with disabilities, any internet

site and voter registration form created to register voters electronically or allow voters to update

their voter registration 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. Experts concerning disability and usability access to websites shall be

included in the development of any voter registration website and voter registration form, and shall

verify accessibility and usability before the website, or an updated version of the website, is made

available to the general public.

     (h) The website and form shall be available in any language required by federal or state

voting rights laws and may be available in other languages, as determined by the secretary of state.

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     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

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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 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 17-15-1 of the General Laws in Chapter 17-15 entitled "Primary

Elections" is hereby amended to read as follows:

     17-15-1. Date of primaries.

     A The 2022 primary election for the nomination of candidates for each political party shall

be held in each voting district in the manner provided in this chapter on the eighth Tuesday

preceding that year's biennial state elections. Beginning on January 1, 2024, every primary election

for the nomination of candidates for each political party, shall be held in each voting district in the

manner provided in this chapter, on the third Tuesday after the first Monday in August preceding

biennial state elections.

     SECTION 5. 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 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 in § 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. An applicant may request the special ballot when indicating that he

or she wishes to be a permanent mail voter, in accordance with § 17-20-8 and that request will be

valid for all subsequent elections, as long as the applicant remains a permanent mail voter.

     (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:

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     (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;

     (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 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 and tactile mail ballots.

     (f) The office of the secretary of state shall be responsible for the preparation and

distribution of special Braille and tactile mail ballots. Whenever possible, the secretary of state

shall prepare the 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 and distribution of the 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,

audio, or other accessible formats.

     (i) The office of the secretary of state shall establish a special 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, 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 6. Sections 17-20-1, 17-20-1.1, 17-20-2.1, 17-20-2.2, 17-20-3, 17-20-7, 17-20-

8, 17-20-10, 17-20-12, 17-20-13.1, 17-20-14, 17-20-16, 17-20-19, 17-20-21, 17-20-23, 17-20-24,

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17-20-24.1, 17-20-26, 17-20-29, 17-20-30, 17-20-33 and 17-20-34 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 voters 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, a ballot by

mail, with a reasonable guarantee of ballot secrecy, privacy, and independence, 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, representatives in 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 Voters are entitled to vote by mail 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.

     17-20-2.1. 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, or electronically from the secretary of

state, an affidavit form prepared by the secretary of state as prescribed in this section, setting forth

the elector's application for a mail ballot.

     (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,

a voter must submit an application in person, or by mail, or electronically so that it is received by

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the local board 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. Beginning twenty (20) days before election day and no

later than four o’clock (4:00) p.m. on the day before the day of any election, referred to in § 17-20-

1, a voter may appear in person at the office of the local board to request and pick up 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 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

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 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

("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 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.

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     (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 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 eligible to vote by

mail ballot according to this chapter falls within one of the categories of electors described in

subsection (d) of this section, 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, electronically, or by mail so that it shall be received by the local board 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) to voters within the state of Rhode

Island, who are 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

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 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) by electors who

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are confined in any hospital, convalescent home, nursing home, rest home, or similar institution,

public or private, within the state of Rhode Island, 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 ("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 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

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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, “voter” and “elector” shall have the same meaning,

except that “electors of president and vice-president of the United States” means the persons

designated to elect the president and vice-president of the United States, in accordance with Article

II, Section 1 of the United States Constitution.

     (h) Whenever used in this chapter, “drop box” means the secure container described in §

17-20-2.4, whereby mail ballots may be returned to the board of elections.

     (i) Whenever used in this chapter, “mail ballot” means a ballot issued to a voter in

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accordance with this chapter.

     (j) Whenever used in this chapter, “secrecy sleeve” means the envelope or sleeve issued

along with a mail ballot, that is designed to conceal and maintain the secrecy of the voter's vote

until the counting of votes for that particular election.

     (k) Whenever used in this chapter, “return envelope” means the envelope issued, along

with a mail ballot, that is designed to contain a completed mail ballot and secrecy sleeve when

sealed and able to be sent through the mail.

     17-20-7. Duplication of votes -- Methods preferred.

     (a) In no event shall more than one vote be cast by any individual for any one office or

proposition.

     (b) In the event that any person votes in person and also attempts to vote by mail ballot or

by an official state blank ballot or an official federal absentee ballot, as the case may be, the mail

and the official state blank ballot and the official federal absentee ballot, as the case may be, shall

be destroyed and not be counted and shall be retained for three (3) years.

     (c) In the event that any person casts a mail ballot and an official federal absentee ballot

and/or official state blank ballot, the mail ballot shall be counted, but the official federal absentee

and/or the official state blank ballot shall be destroyed and not be counted and shall be retained for

three (3) years.

     (d) In the event that any person casts more than one mail ballot, the mail ballot received

last shall be counted, but any other mail ballots shall not be counted and shall be retained for three

(3) years.

     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 voter may apply to receive an absentee ballot, in accordance with § 17-20-2.1, in

one of the following ways:

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     (1) By indicating that the voter wants to receive a ballot for the next upcoming general

election.

     (2) By indicating that the voter wants to receive a ballot for the next upcoming primary and

general elections.

     (3) By indicating that the voter wants to be a permanent mail voter and receive a ballot for

all elections covered under § 17-20-1 in perpetuity, until the voter indicates otherwise by

application or through the state’s online voter registration portal.

     (e) The secretary of state must maintain a list within the CVRS of all voters who are eligible

to remain on the permanent mail voter list, as described in subsection (d)(3) of this section.

     (d)(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.

     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 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

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board of elections.

     (d)(1) Upon the ballots becoming available, but not sooner than thirty (30) days before a

primary election, 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 or who appears on the list of

permanent mail voters. 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

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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.

     17-20-12. Secretary of state to furnish forms and supplies.

     All mail ballots, application forms, certified envelopes for enclosing ballots secrecy

sleeves, any other envelopes that may be necessary, and instructions as to voting, and use of ballots,

and affidavits, shall be furnished and supplied by the secretary of state for use in mailing application

forms, ballots, and other supplies or materials to mail voters to carry out the provisions of this

chapter, but each local board shall print or stamp upon the application form and upon the return

envelope the address of the local board. The secretary of state is authorized to interpret and apply

the provisions of this chapter in a manner that effects the legislative intention set forth in this

chapter.

     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 AND PROVIDENCE PLANTATIONS

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

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mobility. If not voting ballot at local board, ballot 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.

     ( ) 4.3. I may not be able to vote at the polling place in my city or town on the day of

the election. 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

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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.

     17-20-16. Time of casting vote.

     Mail ballots may be cast in the manner provided by law on or before election day; provided,

that no mail ballot shall be counted unless it is received by the state board not later than the time

prescribed by § 17-18-11 for the closing of polling places on election day, except ballots cast under

the provisions of § 17-20-6.1 returned through the United States Postal Service, which shall be

counted if received by the state board by four o'clock p.m. (4:00) on the third day following a

primary election or four o'clock p.m. (4:00) on the seventh day following an a state election other

than a primary election, and the return envelope for any such ballot contains a postmark date, no

later than the day of the election. Mail ballots returned through the United States Postal Service

that do not contain a postmark date on their return envelope, shall not be counted unless received

by the state board, not later than the day following a state election.

     17-20-19. Envelopes for return of ballots Return envelopes -- Tracking return

envelopes -- Ballot cure.

     (a) Envelopes for the enclosure and return of mail ballots and their enclosing certified

envelope Return envelopes shall have the printed or written address: "Board of Elections, 2000

Plainfield Pike, Cranston, Rhode Island 02921"; or a post office box established and maintained by

the board; and shall be forwarded by the secretary of state to each mail voter whose application for

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the mail ballot has been received and accepted.

     (b) Every return envelope shall contain a unique identifier, associated with the voter, to

whom that return envelope and accompanying mail ballot is issued. The secretary of state and board

of elections shall create and maintain a secure system, using such unique identifiers to track and

record, when return envelopes and accompanying mail ballots are received from voters, when

return envelopes and accompanying mail ballots are processed and certified in accordance with §

17-20-26, when voters have voted in person, and anything else necessary to implement this chapter.

In addition to any other purposes required to implement this chapter, the secretary of state shall use

this system to prevent the duplication of votes, as described in § 17-20-7.

     (c) The secretary of state and board of elections shall maintain a system that enables voters

to track the status of their ballots.

     (d) The board of elections shall maintain a protocol to notify voters if their return envelope

has been challenged or has been found defective or deficient by the designated election officials,

and provide voters with an opportunity to correct any defects or deficiencies. The board shall notify

a voter, not less than one business day after finding any defect or deficiency of the envelope by

mail and by other means, including phone call, text message, electronic mail, or other form of

electronic notification, if available and the voter has designated a preference for such form of

notification through a form or protocol created by the board. The notification shall explain the

nature of the defect or deficiency, what steps the voter may take to remedy it, and the deadline to

do so. The ballot of any voter, who successfully complies with this protocol, shall be counted if

otherwise valid. Such protocol shall allow voters to correct any defects or deficiencies until five

o’clock (5:00) p.m. on the seventh day after the election. The board shall promulgate the protocol

and any other rules necessary to operate the notification and cure process, in accordance with the

rulemaking provisions of § 42-35-1, et seq.

     17-20-21. Certifying envelopes Certifying return envelopes -- Secrecy sleeve --

Instructions.

     The secretary of state shall cause to be prepared and printed and shall furnish with each

mail ballot an a return envelope described in § 17-20-19 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__________________

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Certificate of Voter

Print Name of Voter

     I swear or affirm, under penalty of perjury, that I am:

I am a United States citizen; and

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.

     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.

     (b) The return envelope shall be designed, such that the voter’s signature and identifying

information described in subsection (a) of this section, are concealed by the envelope’s flap, when

the envelope is sealed.

     (c) In addition to the return envelope, the secretary of state shall cause to be prepared and

printed and shall furnish with each mail ballot, a secrecy sleeve, which can fit within a sealed return

envelope and is designed to conceal and maintain the confidentiality of the voter’s vote until the

counting of votes for that particular election.

     (d) The secretary of state shall promulgate rules in accordance with the rulemaking

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provisions of § 42-35-1, et seq., setting forth specific and easily understandable voter instructions

that include all necessary information about marking the ballot, preparing it for return, certifying

the return envelope, and properly and timely returning it to the board of elections.

     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 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. Irregularities not impairing validity of ballots.

     (a) No ballot transmitted under the provisions of this chapter shall be rejected for any

immaterial addition, omission, or irregularity in the preparation or execution of the computer ballot,

nor for failure of the voter to affix sufficient postage. No ballot shall be invalid by reason of mistake

or omission in writing in the name of any candidate where the candidate intended by the voter is

plainly identifiable. Where, because of any defect in marking, a ballot is held invalid as to any

particular candidate for office, it shall remain valid as to the candidates for other offices. No ballot

shall be invalid by reason of the voter writing upon the inner envelope secrecy sleeve the name of

a community within a town in place of the name of the town or by reason of the voter failing to

cover the ballot with the secrecy sleeve or failing to return the secrecy sleeve, along with the ballot,

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in the return envelope. No defect in the marking of the appropriate space associated with casting a

vote shall invalidate any ballot or a vote for any candidate, where the intention of the voter is clearly

indicated.

     (b) No ballot shall be rejected if the intention of the voter is clear unless it contains clear

evidence of the identity of the voter.

     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.

     17-20-26. Opening and counting of ballots.

     (a)(1) Beginning prior to and continuing on election day the state board, upon receipt of

mail ballots, shall keep the ballots in a safe and secure place that shall be separate and apart from

the general public area and shall:

     (i) Open the outer envelope and attach the matching ballot application to the inner

certifying envelope;

     (ii) Beginning fourteen (14), beginning twenty (20) days prior to and continuing on election

day, proceed to certify the mail ballots.

     (2) Notice of these sessions shall be given to the public on the state board of elections'

website, the secretary of state's website, and announcements in newspapers of general circulation

published at least twenty-four (24) hours before the commencing of any session. All candidates for

state and federal office, as well as all state party chairpersons, shall be given notice by telephone

or otherwise of the day on which ballots affecting that candidate's district will be certified;

provided, that failure to effect the notice shall in no way invalidate the ballots.

     (b) This processing shall be done within a railed space in the room in which it takes place,

and the board shall admit within the railed space, in accordance with those rules that the board shall

adopt, to witness the processing and certification of the ballots, the interested voter or the voter's

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representative, the candidates, or at least one representative of each candidate for whom votes are

at the time being processed, and an equal number of representatives of each political party. These

representatives shall be authorized in writing by the voter, the candidate, or the chairperson of the

state committee of the political party, respectively, as the case may be. The board shall also, in

accordance with these rules, admit representatives of the press and newscasting agencies and any

other persons that it deems proper.

     (c) At these sessions, and before certifying any ballot, the state board shall:

     (1) Determine the city or town in which the voter cast his or her ballot and classify

accordingly; and

     (2) Compare the name, residence, and signature of the voter with the name, residence, and

signature on the ballot application for mail ballots file in the central voter registration system and

satisfy itself that both signatures are identical.

     (d) [Deleted by P.L. 2015, ch. 259, § 1].

     (e)(1) If, upon initial review, a voter’s signature on a return envelope does not appear to

match that voter’s signature on file with the central voter registration system, a pair of election

supervisors, who are not affiliated with the same political party, shall compare the signatures. If

both election supervisors agree that the signatures do not match, the return envelope and its contents

shall be set aside to undergo the notification and correction process, established by § 17-20-19(d),

otherwise the return envelope and ballot it contains, shall continue through the counting process

established in this section.

     (2) The initial review of signatures described in subsection (e)(1) of this section, may be

performed by an election official or by a signature verification device used in accordance with rules

established by the board of elections. All rules shall be promulgated in accordance with the

rulemaking provisions of § 42-35-1, et seq.

     (3) The board of elections, in consultation with any appropriate experts and state agencies,

shall establish and make publicly available, statewide standards for signature verification. All

personnel assigned to verify signatures shall receive training on statewide standards for signature

verification.

     (4) Before using a signature verification device, the board of elections shall promulgate

rules, in accordance with the rulemaking provisions of § 42-35-1, et seq., establishing an audit

process to ensure that the signature verification device is operating properly during signature

review, and establishing contingency procedures in the event that an audit fails.

     (e)(f) The board shall establish guidelines setting forth the grounds for challenging the

certification of mail ballots. These guidelines shall recognize that if a ballot can be reasonably

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identified to be that of the voter it purports to be, and if it can reasonably be determined that the

voter was eligible to vote by mail ballot and if the requirements of § 17-20-2.1 were complied with,

it should not be subject to frivolous or technical challenge. The burden of proof in challenging a

mail ballot as not obtained and/or cast in conformance with this chapter is on the person challenging

the ballot. Once the irregularity is shown, the burden of proof shall shift to the person defending

the ballot to demonstrate that it is the ballot of the voter it purports to be, that the voter was eligible

to vote by mail ballot, and that all of the applicable requirements of § 17-20-2.1 were complied

with. The guidelines shall be adopted at a public meeting of the board and shall be made available

prior to the start of the certification process for mail ballots. The guidelines shall be promulgated

in accordance with the rulemaking provisions of § 42-35-1, et seq.

     (f)(g) After processing and certification of the mail ballots, they shall be separated in

packages in accordance with their respective cities and towns, in the presence of the board and all

other interested parties. Thereupon, in each instance the board shall open the enclosing envelope,

and without looking at the votes cast on the enclosed ballot, shall remove the ballot from the

envelope. The state board shall proceed to tabulate the ballots through the use of a central count

optical-scan unit with the same effect as if the ballots had been cast by the electors in open town or

district meetings.

     (g)(h) When a local election is held at a time other than in conjunction with a statewide

election, the state board, after the processing and certification of the mail ballots cast in the local

election, shall package the local ballots to be promptly delivered in sealed packages, bearing upon

the seals the signatures of the members of the board, to the appropriate local board which shall [a]

thereupon proceed to count the ballots in the same manner and with the same effect as state mail

ballots are counted by the state board.

     (h)(i) When a local election is held in New Shoreham at a time other than in conjunction

with a statewide election, the state board, after the processing and certification of the mail ballots

cast in the local election, shall have the authority to count the ballots in the same manner and with

the same effect as state mail ballots are counted by the state board in a statewide election. Once the

ballots are counted, the results shall be sent via facsimile to the local board in New Shoreham.

     17-20-29. Mail applicant not permitted to vote at polls.

     (a) No person, or one claiming to be that person, whose name has been marked upon any

voting list, provided for official use at any election, with the mark as provided by § 17-20-10, Any

person who has been issued a mail ballot shall be permitted to vote in person at the election or

during the in-person early voting period; provided, that the person may re-establish his or her right

to vote in person by presenting himself or herself at that person's local board on or before election

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day and surrendering surrenders his or her mail ballot at the polling place for his or her assigned

voting district. Upon that surrender the person's name shall be restored to the voting list. Any person

whose name has been marked on the voting list may also be permitted to vote in person if that

person executes and delivers to the local board an affidavit stating that the person did not receive

the mail ballot, or that the mail ballot was lost or destroyed.

     (b) A voter who has been issued a mail ballot, but does not have the ballot available for

surrender, may vote in person at the polling place for his or her assigned voting district at the

election or during the in-person early voting period by provisional ballot.

     (b)(c) Each local board shall, immediately after the close of the polls, certify and deliver to

the state board the names and addresses of all persons restored to the voting list who were issued

mail ballots but votes in-person, together with the affidavits provisional and surrendered ballots

received pursuant to this section.

     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).

     17-20-33. Disqualification of ballot by board of elections.

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     The board of elections shall, on its own motion, disqualify any mail ballot which it

determines, based upon a preponderance of the evidence, was not voted by the elector who

purportedly cast it, or was voted by an elector who was not eligible to vote by mail ballot, or was

not obtained and voted in the manner prescribed by this chapter. The board of elections may take

this action even in the absence of a challenge to the ballot and may take this action at any time prior

to the separation of the ballot from its application and certifying return envelope.

     17-20-34. Liberal construction.

     This chapter shall be construed liberally to effect the purposes of maintaining the integrity

and the secrecy of the mail ballot by ensuring that voters are able to vote by mail assuring that only

electors eligible to vote by mail ballot are allowed to utilize that method of voting, by assuring that

the procedures set forth in this chapter controlling the application and balloting processes are

strictly enforced, and by safeguarding the mail ballot voter from harassment, intimidation, and

invasion of privacy.

     SECTION 7. Chapter 17-9.1 of the General Laws entitled "Registration of Voters" is

hereby amended by adding thereto the following section:

     17-9.1-27. Periodic updating of voter registration records. [Effective until July 1,

2022.]

     (a) The secretary of state shall promulgate rules in accordance with the rulemaking

provisions of § 42-35-1, et seq., specifying a regular schedule and process updating voters'

registrations based on a change of address search, using the United States Postal Service National

Change of Address (NCOA) Program, for all voters whose names appear in the CVRS. At

minimum, the schedule established by the secretary of state shall require a search not less than four

(4) times within a calendar year, In addition, the secretary of state’s rules shall require local boards

to update the address in the voter registration record for each voter who, according to the NCOA

search, has moved within the state or changed their permanent mailing address within the state; and

inactivate the record of any voter who, according to the NCOA search, has moved outside of the

state. The secretary of state’s rules must require local boards to send notice to each voter, in

accordance with the requirements of the federal "National Voter Registration Act of 1993", 52

U.S.C. § 20501 et seq., as amended, of any change to the voter’s record. The office of the secretary

of 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 in

accordance with the rules promulgated under this section.

     (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

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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) Beginning thirty (30) days before any state election and through certification of that

election, local boards shall cease all list maintenance procedures under this section.

     SECTION 8. Chapter 17-19 of the General Laws entitled "Conduct of Election and Voting

Equipment, and Supplies" is hereby amended by adding thereto the following section:

     17-19-24.4. In-person early voting.

     (a) In-person early voting shall be made available to any registered voter and eligible voter

of this state whose name appears upon the official voting list of the city or town where the voter is

so qualified to vote for all elections.

     (b) The in-person early voting period shall begin on the twentieth day before a state

election, or the nineteenth day before a state election, if the twentieth day before is a state or federal

holiday, and extend through four o'clock (4:00) p.m. on the day before the state election.

     (c) During the in-person early voting period, as set forth in subsection (b) of this section,

in-person early voting shall take place at locations to be determined by each local board and

approved by the state board, with at least one location for each town or city. The provisions of §

17-19-3.2 shall apply to the placement of all early voting polling places. Prior to the beginning of

the in-person early voting period, a notice shall be published by the secretary of state in a newspaper

or newspapers having general circulation throughout the state, at least three (3) days prior to the

beginning of the in-person early voting period. Adequate notice of at least seven (7) days shall be

posted at each local board’s office and on the city's or town’s website, if any, and in some

newspaper having a general circulation in the city or town, informing the public of the locations

where in-person early voting is being conducted. Notice of the in-person early voting period for

each city or town shall also be posted on the secretary of state's website and the board of elections'

website.

     Effective January 1, 2022, in-person early voting shall take place during normal business

hours in each city or town, on Monday, Tuesday, Wednesday, Thursday and Friday during the in-

person early voting period. In-person early voting shall take place on the two (2) Saturdays

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immediately preceding a general election day during the hours of twelve o'clock (12:00) p.m. to

four o'clock (4:00) p.m. and on the two (2) Sundays immediately preceding a general election day

during the hours of twelve o'clock (12:00) p.m. to four o'clock (4:00) p.m. during the in-person

early voting period. In-person early voting shall take place on the Saturday immediately preceding

all state election days, other than general elections, during the hours of twelve o'clock (12:00) p.m.

to four o'clock (4:00) p.m. and on the Sunday immediately preceding all state election days other

than general elections during the hours of twelve o'clock (12:00) p.m. to four o'clock (4:00) p.m.

during the in-person early voting period. Nothing contained herein shall be construed to prohibit a

municipality from including additional days and times where early voting is available during the

in-person early voting period.

     (d) Prior to the in-person early voting period, the state board shall provide the local boards

with the ballots, ballot on-demand printers, ballot applications, tabulation equipment, ballot storage

boxes, voting booths, electronic poll books, instructions as to voting, and other supplies necessary

to effectuate the provisions of this section. During the in-person early voting period, the state board

shall provide technical support as needed at in-person early voting sites. The provisions of §§ 17-

19-3 and 17-19-8.2 shall apply to early voting.

     (e) The secretary shall make available, no later than the next business day, the updated list

of those persons that have cast their ballot during the in-person early voting period.

     (f) At the conclusion of the early voting period, the local board shall note on the appropriate

electronic or paper-based voter roll, that the voter has cast an early vote so as to prevent the voter

from casting an additional vote at the polls on election day.

     (g) The procedure for voting during the in-person early voting period shall be established

through rules promulgated by the state board, in accordance with the rulemaking provisions of §

42-35-1, et seq.

     (h) The secretary of state and state board shall convene an in-person early voting advisory

committee to assist in the drafting of rules for the in-person early voting period. The advisory

committee shall be comprised of the following:

     (1) Secretary of state, or designee;

     (2) Three (3) representatives of the board of elections;

     (3) Three (3) representatives of the Rhode Island town and city clerk's association elections

committee appointed by the president of the Rhode Island town and city clerk's association;

     (4) Three (3) members of the public, with one member each appointed by the secretary of

state, the board of elections, and the president of the Rhode Island town and city clerk's association.

     (i) The advisory committee shall advise the state board on issues including, but not limited

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to:

     (1) Staffing of in-person early voting locations;

     (2) Suitable in-person early voting locations;

     (3) Accessibility criteria to be considered for in-person early voting locations.

     (j) The provisions of subsections (h) and (i) of this section creating an in-person early

voting advisory committee shall sunset and be repealed effective December 31, 2022.

     SECTION 9. Chapter 17-20 of the General Laws entitled "Mail Ballots" is hereby amended

by adding thereto the following sections:

     17-20-2.3. Return of mail ballots.

     (a) Mail ballots may be returned to the board of elections by any of the following methods:

     (1) By mail, through the United States Postal Service or through a private delivery or

courier service;

     (2) By drop box;

     (3) Dropped off at any polling place during that polling place’s hours of operation;

     (4) Dropped off at any local board of canvassers during its hours of operation; or

     (5) Dropped off at any other secure and supervised location designated by the board of

elections during the hours designated by the board of elections.

     (b) All mail ballots returned in accordance with subsection (a) of this section shall be

delivered to the board of elections for certification, processing, and counting, regardless of the

method by which they are returned.

     17-20-2.4. 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 available to the public,

beginning thirty (30) days prior to the date of a state election (hereinafter “election day”) 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

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are deposited in the drop box.

     (b) Drop boxes must be labeled “Official Ballot Drop Box,” and include language about

tampering, voter hotlines, postage and other information, and display the official seal of the board

of elections. Drop boxes must be constructed to withstand weather and vandalism, with a clearly

identified ballot insertion slot and a unique identifying number. Drop boxes must be accessible by

persons with disabilities. If feasible, drop boxes should be monitored by a video surveillance

system.

     (c) For any election, there must be a minimum number of drop boxes where mail ballots

may be deposited, equal to at least one drop box for each twenty thousand (20,000) registered voters

in the town or city. 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, up throughout the prescribed time period prior to election day and until the close of the

polls, in accordance with § 17-18-10. Drop boxes must be placed in locations that are accessible to

persons with disabilities and equitably distributed, so as to provide maximally convenient options

for all voters.

     (d) In addition to the requirements of subsection (c) of this section, the board of elections

shall establish a drop box on each campus of a public institution of higher education that, has five

hundred (500) or more enrolled students, as determined in accordance with this section.

     (e) The board of elections shall promulgate rules to implement this section, including rules

for the location of drop boxes and the receipt, storage, security, regular collection, and

transportation of mail ballots returned, in accordance with this section. Rules concerning the

location of drop boxes shall consider population, geographic areas, voter convenience, proximity

to public transportation and parking, security, and available funding. All rules promulgated under

this section shall be done in accordance with the rulemaking provisions of § 42-35-1, et seq.

     (f) Each local board of canvassers shall determine the location of every drop box located

within the area over which that local board has authority, in accordance with the rules promulgated

by the board of elections, subject to the approval of the board of elections. The drop boxes shall be

arrayed throughout the town or city in a manner that provides the greatest convenience to electors.

     (g) Each drop box shall begin accepting the deposit of mail ballots no later than thirty (30)

days before the day of the election and 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.

     (h) Local boards of canvassers shall inform the board of elections of the drop box locations

at least thirty (30) days prior to the election. Each local board shall make the location of every drop

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box within the area over which it has authority publicly available at its office and on its website,

no later than thirty-three (33) days before the day of the election. 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, no later than thirty-three (33) days before the day of the election.

     (i) 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, by regulations promulgated in accordance with the rulemaking

provisions of § 42-35-1, et seq., 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.

     17-20-15.1. Publication of election data and voter intent guidelines -- Privacy of voter

information.

     (a) The board of elections shall collect and publish data concerning the number and

disposition of provisional ballots, mail ballots and mail ballot applications, ballot rejections and the

reasons for such rejections, mail ballots flagged as a mismatch by a signature verification device,

if any, mail ballot applications cured, mail ballots cured, mail ballots remade, and mail ballots

received after the deadline in § 17-20-16 for each state election.

     (b) The board of elections shall issue rules for determining voter intent and publish all

guidelines, rules for determining voter intent, in accordance with § 42-35-1, et seq.

     (c) Other than any information required by law to be made public, The board of elections

and secretary of state shall ensure the privacy and security of any personal information in their

possession, including phone numbers, email addresses, and any identification numbers provided

for identification purposes. All rules promulgated by the board of elections and secretary of state

relating to the privacy and security of such personal information, shall be promulgated in

accordance with the rulemaking provisions of § 42-35-1, et seq.

     17-20-36. Voter access study commission.

     (a) The voter access study commission is hereby established for the purpose of reviewing

the implementation and making recommendations on the improvement of:

     (1) In-person early voting;

     (2) Mail voting;

     (3) Voter registration;

     (4) Voting access and voter education for people with disabilities;

     (5) Voting access and voter education for people whose primary language is not English;

     (6) Voting access, voter education and measures to protect the identity and safety of victims

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of domestic violence;

     (7) Voting access and voter education for people experiencing homelessness and housing

insecurity; and

     (8) Any other issues that affect equitable access to and participation in the electoral process

for all Rhode Island voters.

     (b) The voter access study commission shall consist of fifteen (15) members selected as

follows:

     (1) Five (5) members to be appointed by the speaker of the house, no more than three (3)

of whom shall be from the same political party;

     (2) Five (5) members to be appointed by the president of the senate, no more than three (3)

of whom shall be from the same political party;

     (3) Five (5) members to be appointed by the governor, no more than three (3) of whom

shall be from the same political party.

     (c) All members of the study commission shall be registered voters of this state at the time

of their selection and at all times while they remain on said study group. When making

appointments, the speaker of the house, president of the senate, and governor shall select members

who represent the diversity of Rhode Island and make appointments on the basis of knowledge of

and experience with such issues as voting access and voting rights, elections and election

administration, civil rights and racial justice, language access, disability rights and access for

persons with disabilities, homelessness and housing insecurity, domestic violence, or any other area

relevant to the issues and communities referenced in subsection (a) of this section.

     (d) Members of the voter access study commission shall be appointed no later than July 1,

2022.

     (e) The voter access study commission shall present a report on its work and findings, and

recommend any statutory, regulatory, and constitutional changes necessary to implement its

recommendations, to the general assembly, the governor, the board of elections, and the secretary

of state no later than November 1, 2023. The report shall be made available to the public.

     (f) The director of the legislative council shall provide staff assistance to the voter access

study commission. The secretary of state, board of elections, all local boards of canvassers, and all

other state agencies shall provide the voter access study commission with any information, data, or

other documents or materials relevant to the commission’s work at the commission’s request.

     (g) The members of the voter access study commission shall serve without compensation;

except that the members shall be reimbursed for necessary expenses incurred in the performance

of their duties.

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     (h) This section shall sunset and be repealed on December 31, 2023.

     SECTION 10. Sections 17-20-2, 17-20-14.2 and 17-20-32 of the General Laws in Chapter

17-20 entitled "Mail Ballots" are hereby repealed.

     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 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.

     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.

     17-20-32. 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

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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 11. 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

***

     This act would make very comprehensive changes to the election laws concerning voter

registration, voter rights, mail ballots, early day voting, and improvements of the voting process.

     This act would take effect upon passage.

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