§ 17-20-10 - Certification of applications – Issuance of ballots – Marking of lists – Mailing address.

SECTION 17-20-10

   § 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 examineit and determine whether it complies with each of the requirements set forth bythis chapter and compare the signature on the ballot application with thesignature contained on the original registration card, except as may beotherwise provided by law, to satisfy itself that the applicant is a qualifiedvoter. Upon determining that it does meet each requirement of this chapter andthat the signature appears to be the same, the local board shall mark theapplication "accepted" and record in the space provided on the ballotapplication the senatorial, representative, and voting district in which theapplicant should vote.

   (b) The local board shall also record the city or town codeand district information in the mailing label section of the mail ballotapplication. The local board shall also print or type the name of the electorand the complete mailing address in that section. If the local board does notaccept the application, the local board shall return the application to theelector, together with a form prescribed by the secretary of state, specifyingthe reason or reasons for the return of the application.

   (c) Not later than 4:00 p.m. on the eighteenth (18th) daybefore 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 boardshall certify the applications to the secretary of state through the CVRSsystem as this procedure is prescribed by the secretary of state. Upon thecertification of a mail ballot application to the secretary of state, the localboard shall enter on the voting list the fact that a mail ballot applicationfor the voter has been certified and shall cause the delivery of the certifiedmail ballot applications together with the signed certified listing thereof insealed packages to the state board of elections.

   (d) Upon the ballots becoming available, the secretary ofstate shall immediately, issue and mail, by first class mail, postage prepaid,a mail ballot to each eligible voter who has been certified. With respect tovoters who have applied for these mail ballots under the provisions of §17-20-2(3), the secretary of state shall include with the mail ballots astamped return envelope addressed: "Board of Elections, 50 Branch Avenue,Providence, Rhode Island 02904-2790".

   (2) The secretary of state shall include on the mail ballotenvelope a numerical or alphabetical code designating the city or town wherethe voter resides. The secretary of state shall immediately thereafter indicateon the voter's record that the secretary of state has sent mail ballotsprovided, that this mark shall serve solely to indicate that a mail ballot hasbeen issued and shall not be construed as voting in the election.

   (e) Prior to each election, the secretary of state shall alsofurnish to the chairperson of the state committee of each political party alist of the names and residence addresses of all persons to whom mail ballotshave been issued. The secretary of state shall also furnish to a candidate forpolitical office upon request a list of the names and residence addresses ofall persons to whom mail ballots have been issued within his or her district.

   (f) [Deleted by P.L. 2005, ch. 167, § 2.]

   (g) If a ballot is returned to the secretary of state by thepostal service as undeliverable, the secretary of state shall consult with theappropriate local board to determine the accuracy of the mailing address, andthe secretary of state shall be required to remail the ballot to the voterusing the corrected address provided by the local board. If the local board isunable to provide a different address than that to which the ballot wasoriginally mailed, the ballot shall be reissued by the secretary of state tothe board of canvassers in the city or town where the voter resides utilizingthe numerical or alphabetical code established in subsection (d) of thissection. The board shall then attempt to notify the voter at his or her placeof residence that the ballot has been returned as undeliverable. The ballotmust be voted and witnessed in accordance with the provisions of this chapter.

   (h) The acceptance of a mail ballot application by the boardof canvassers and the issuance of a mail ballot by the secretary of state shallnot create any presumption as to the accuracy of the information provided bythe applicant or as to the applicant's compliance with the provisions of thischapter. Any inaccuracy in the provided information or irregularity in theapplication may be raised as a challenge to the ballot before the board ofelections at the time of certification. If the challenge raised at that time ismeritorious, the ballot shall be voided.

   (i) Upon the request of any candidate for public office andupon a showing of good cause or upon its own motion, the board of electionsshall make inquiry into the legitimacy of the certifications issued pursuant to§ 17-20-2.2(3) by any physician or practitioner who issues more than fifty(50) certifications in any one election or by any physician or practitioner whothe board has reason to believe has made a false certification. The inquiryshall include a determination as to whether the physician or practitionerconducted an examination of the electors he or she certified as ill or disabledto determine whether it would be an undue hardship on them to go to the polls.The provisions of chapter 37.3 of title 5 shall not apply to any proceedingbefore the state board of elections conducted pursuant to this title. Theboards of canvassers shall immediately notify the board of elections of anyphysician who has issued more than twenty-five (25) certifications in theircity or town in the same election.

   (j) Within two (2) business days of receipt by the localboard, the board shall certify emergency mail ballot applications and shallcause the delivery of the emergency mail ballot applications, and certificationsheet in sealed packages to the state board of elections.