§ 17-20-2.2 - Requirements for validity of emergency mail ballots. - Rhode Island Statutes

SECTION 17-20-2.2

   § 17-20-2.2  Requirements for validity ofemergency mail ballots. – (a) Any legally qualified elector of this state whose name appears upon theofficial voting list of the town or district of the city or town where theelector is so qualified, who on account of circumstances manifested twenty (20)days or less prior to any election becomes eligible to vote by mail ballotaccording to this chapter, may obtain from the local board an application foran emergency mail ballot.

   (b) The emergency mail ballot application, when dulyexecuted, shall be delivered in person or by mail so that it shall be receivedby the local board not later than four o'clock (4:00) p.m. on the last daypreceding the date of the election.

   (c) The elector shall execute the emergency mail ballotapplication in accordance with the requirements of this chapter, whichapplication shall contain a certificate setting forth the facts relating to thecircumstances necessitating the application.

   (d) In addition to those requirements set forth elsewhere inthis chapter, an emergency mail ballot, in order to be valid, must have beencast in conformance with the following procedures:

   (1) All applications for emergency mail ballots pursuant to§ 17-20-2(1) must be notarized or witnessed by two (2) persons who shallsign their names and affix their addresses. All mail ballots issued pursuant to§ 17-20-2(1) shall be cast at the board of canvassers in the city or townwhere the elector maintains his or her voting residence or mailed by the officeof the secretary of state to the elector at an address outside the state ofRhode Island to be provided by the elector on the application. In order to bevalid, all ballots mailed to the elector out-of-state must be voted outside thestate of Rhode Island and the signature of the elector notarized by a personauthorized by law to administer oaths in the state or country where signed orwhere the elector voted, or before two (2) witnesses who shall set forth theiraddresses on the form, and must be mailed from outside the state of RhodeIsland. In order to be valid, all ballots cast by the elector at the board ofcanvassers must be voted in private at the board and the signature of theelector witnessed by a pair of supervisors, appointed in conformance with thischapter, who shall return the completed ballot to the board of elections forcertification.

   (2) All applications for emergency mail ballots pursuant to§ 17-20-2(2) must state under oath the institution of higher learning atwhich the elector or spouse of the elector is a student. All applications formail ballot made pursuant to this subdivision must be notarized or witnessed bytwo (2) persons who shall sign their names and affix their addresses. All mailballots issued pursuant to this subdivision shall be cast at the board ofcanvassers in the city or town where the elector maintains his or her votingresidence, or mailed by the office of the secretary of state to the elector atthe address of the institution of higher learning provided by the elector onthe application. Ballots being cast at the local board of canvassers must bevoted in private and the signature of the elector witnessed by a pair ofsupervisors, appointed in conformance with this chapter, who shall return thecompleted ballot to the board of elections for certification. The signature ofthe elector on ballots being sent to the elector at their institution of higherlearning must be notarized or witnessed by two (2) persons who shall sign theirnames and affix their addresses.

   (3) All applications for emergency mail ballots pursuant to§ 17-20-2(3) must be notarized or witnessed by two (2) persons who shallsign their names and affix their addresses and must be accompanied by acertificate from a licensed physician or a Christian Science practitionersetting forth the location of his or her medical offices or the ChristianScience practitioner's office, the date when that physician last examined theelector, or in the case of a Christian Science practitioner, when thepractitioner last treated the elector, and attesting that the illness,disability, blindness or serious impairment of mobility did not manifest itselfuntil twenty (20) days or less prior to the date of the election and as aresult it would be an undue hardship for the elector to vote at the polls basedupon a physical examination performed by that physician or an observation bythat Christian Science practitioner. The state board of elections shall prepareforms for physicians and practitioners to use in making the certificationrequired in this subdivision and shall distribute the forms prior to eachgeneral election to those physicians licensed to practice medicine in thisstate and, upon request, to any other persons and at any other times asnecessary. The forms shall also be made available at each board of canvassers.It shall not be required that a physician or practitioner use the form incertifying the illness, disability, blindness or serious impairment of mobilityof a voter as long as the certification provided contains all of the requiredinformation. Any physician knowingly and willfully making a falsecertification, and any person knowingly and willfully aiding and abetting inthe making of a false certification, shall be guilty of a felony. All mailballots issued pursuant to § 17-20-2(3) shall be mailed to the elector athis or her voting residence by the office of the secretary of state, ordelivered by the local board to a person presenting written authorization fromthe elector to receive the ballots, or cast in private at the local board ofcanvassers. The signature of the elector on ballots being cast pursuant to thissubdivision does not need to be notarized or witnessed.

   (4) All applications for emergency mail ballots pursuant to§ 17-20-2(4) must be notarized or witnessed by two (2) persons who shallsign their names and affix their addresses. All mail ballots issued pursuant tothis subdivision shall be mailed to the elector at his or her voting residenceby the office of the secretary of state, or cast by the elector at the board ofcanvassers in the city or town where he or she resides. Ballots being cast atthe local board of canvassers must be voted in private at the board and thesignature of the elector witnessed by a pair of supervisors, appointed inconformance with this chapter, who shall return the completed ballot to theboard of elections for certification. The signature of the elector on ballotsbeing sent to the elector at his or her voting residence must be notarized orwitnessed by two (2) persons who shall sign their names and affix theirsignatures.

   (5) All applications for emergency mail ballots pursuant to§ 17-20-2(5) must state under oath the name and location of the hospital,convalescent home, nursing home, or similar institution where the elector isconfined. All applications for mail ballots pursuant to this subdivision mustbe notarized or witnessed by two (2) persons who shall sign their names andaffix their addresses. All mail ballots issued pursuant to this subdivisionshall be delivered to the elector by the bi-partisan pair of supervisors,appointed in conformance with this chapter, and shall be voted and witnessed inconformance with the provisions of § 17-20-14.

   (6) All applications for emergency mail ballots pursuant to§ 17-20-2(6) must be notarized or witnessed by two (2) persons who shallsign their names and affix their addresses. All mail ballots issued pursuant tothis subdivision shall be mailed by the office of the secretary of state to theelector at the elector's place of confinement, or delivered to a personpresenting written authorization from the elector to receive the ballot. Thesignature of the elector on ballots being sent to the elector must be notarizedor witnessed by two (2) persons who shall sign their names and affix theiraddresses.

   (7) All applications for emergency mail ballots made pursuantto § 17-20-2(7) do not need to be witnessed or notarized. All mail ballotsissued pursuant to this subdivision shall be mailed by the office of thesecretary of state to the elector at an address outside the state of RhodeIsland to be provided by the elector on the application, or cast at the boardof canvassers in the city or town where the elector maintains his or her votingresidence. The signature of the elector on ballots being sent to the electorpursuant to this subdivision does not need to be notarized or witnessed.

   (8) All applications for emergency mail ballots pursuant to§ 17-20-2(8) must be notarized or witnessed by two (2) persons who shallsign their names and affix their addresses. All mail ballots issued pursuant tothis subdivision to an elector who is employed by the state board of electionsshall be mailed or delivered by the office of the secretary of state to theelector at the state board of elections. All mail ballots issued pursuant tothis subdivision to a member of the staff of the elections division of theoffice of the secretary of state shall be mailed or delivered to the elector atthe state board of elections. All mail ballots issued pursuant to thissubdivision to a member of the staff of a local canvassing authority shall becast by the elector at his or her local board of canvassers. All mail ballotsissued pursuant to this subdivision to a poll worker assigned to work electionday outside of their voting district shall be cast by the elector at his or herlocal board of canvassers. All ballots being sent to the elector pursuant tothis subdivision must be voted in private at the state board or the localboard, as the case may be, and the signature of the elector witnessed by a pairof supervisors, appointed in conformance with this chapter.

   (e) The secretary of state shall provide each of the severalboards of canvassers with a sufficient number of mail ballots for their votingdistricts so that the local boards may provide the appropriate ballot orballots to the applicants. It shall be the duty of each board of canvassers toprocess each emergency ballot application in accordance with this chapter, andit shall be the duty of each board to return to the secretary of state anyballots not issued immediately after each election.

   (f) Any person knowingly and willfully making a falseapplication or certification, or knowingly and willfully aiding and abetting inthe making of a false application or certification, shall be guilty of a felonyand shall be subject to the penalties provided for in § 17-26-1.