Rhode Island HB 5955: AN ACT RELATING TO ELECTIONS -- MAIL BALLOTS (Establishes a three (3) day transmittal period after the deadline for local boards to accept mail ballot applications, if delivered via the postal service.)

Bill Text

2023 -- H 5955 SUBSTITUTE A
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LC002089/SUB A
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO ELECTIONS -- MAIL BALLOTS
Introduced By: Representatives Dawson, McEntee, O'Brien, and Craven
Date Introduced: March 01, 2023
Referred To: House State Government & Elections
(Board of Elections)

It is enacted by the General Assembly as follows:
SECTION 1. Sections 17-20-2.1, 17-20-3, 17-20-8, 17-20-10, 17-20-13 and 17-20-21 of 1
the General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended to read as follow s : 2
17-20-2.1. Re quire me nts for validity of mail ballot and mail ballot applications . 3
(a) Any legally qualified elector of this state whose name appears upon the official voting 4
list of the city, town, or district of the city or town where the elector is qualified, and who desires 5
to avail himself or herself of the right granted to him or her by the Constitution and declared in this 6
chapter, may obtain from the local board in the city or town a form prepared by the secretary of 7
state as prescribed in this section, setting forth the elector’s application for a mail ballot or may 8
apply online in accordance with § 17-20-2.3. 9
(b) Whenever any person is unable to sign his or her name because of physical incapacity 10
or otherwise, that person shall make his or her mark “X” blindness, disability, or inability to read 11
or write, the voter or their assistant shall mark a box to indicate the voter cannot sign due to 12
blindness, disability, or inability to read or write and include the full name, residence address, 13
signature, and optionally the telephone number and e-mail address, of the person who provide d 14
assistance to the voter on a form provided by the secretary of state. The representation relating to 15
the voter's inability to sign shall be made under the pains and penalties of perjury. 16
(c) To receive a ballot in the mail, an elector must submit an application in person or by 17
mail, so that it is received by the local board, or received electronically through the portal 18
established by § 17-20-2.3, not later than four o’clock (4:00) p.m. on the twenty-first (21st) day 19

LC002089/SUB A - Page 2 of 9
before the day of any election referred to in § 17-20-1. In those cases where an application to receive 1
a mail ballot is received not later than three (3) days after the twenty-first (21
st) day before the date 2
of an election and which is delivered by the postal service to the local board, the application shall 3
be considered received on or prior to the last day to apply for a mail ballot. 4
(d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in 5
order to be valid, must have been cast in conformance with the following procedures: 6
(1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the 7
Rhode Island address provided by the elector on the application. In order to be valid, the voter must 8
affix his or her signature on all certifying envelopes containing a voted ballot. 9
(2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the 10
name and location of the hospital, convalescent home, nursing home, or similar institution where 11
the elector is confined. All mail ballots issued pursuant to § 17-20-2(2) shall be delivered to the 12
elector at the hospital, convalescent home, nursing home, or similar institution where the elector is 13
confined. 14
(3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed to the address provided 15
by the elector on the application or sent to the board of canvassers in the city or town where the 16
elector maintains his or her voting residence. In order to be valid, the voter must affix his or her 17
signature on the certifying envelope containing voted ballots. Any voter qualified to receive a mail 18
ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of 19
United States Public Law 99-410, the Uniformed and Overseas Citizens Absentee Voting Act 20
(UOCAVA). 21
(4) All mail ballots issued pursuant to § 17-20-2(4) may be mailed to the elector at the 22
address within the United States provided by the elector on the application or sent to the board of 23
canvassers in the city or town where the elector maintains his or her voting residence. In order to 24
be valid, the voter must affix his or her signature on all certifying envelopes containing a voted 25
ballot. In order to be valid, all ballots sent to the elector at the board of canvassers, must be voted 26
in conformance with the provisions of § 17-20-14.2. 27
(e) Any person knowingly and willfully making a false application or certification, or 28
knowingly and willfully aiding and abetting in the making of a false application or certification, 29
shall be guilty of a felony and shall be subject to the penalties provided for in §