§ 17-20-2.1 - Requirements for validity of mail ballots.
SECTION 17-20-2.1
§ 17-20-2.1 Requirements for validity ofmail ballots. – (a) Any legally qualified elector of this state whose name appears upon theofficial voting list of the city, town, or district of the city or town wherethe elector is qualified, and who desires to avail himself or herself of theright granted to him or her by the Constitution and declared in this chapter,may obtain from the local board in the city or town an affidavit form preparedby the secretary of state as prescribed in this section, setting forth theelector's application for a mail ballot.
(b) Whenever any person is unable to sign his or her namebecause of physical incapacity or otherwise, that person shall make his or hermark "X".
(c) The application, when duly executed, shall be deliveredin person or by mail so that it is received by the local board not later thanfour o'clock (4:00) p.m. on the twenty-first (21st) day before the day of anyelection referred to in § 17-20-1.
(d) In addition to those requirements set forth elsewhere inthis chapter, a mail ballot, in order to be valid, must have been cast inconformance with the following procedures:
(1) All applications for mail ballots pursuant to §17-20-2(1) must state under oath that the elector will be absent from the stateon the day of election during the entire period of time the polls are to beopen. All applications for mail ballot made pursuant to said subdivision mustbe notarized or witnessed by two (2) persons who shall sign their names andaffix their addresses. All mail ballots issued pursuant to § 17-20-2(1)shall be mailed to the elector at an address outside the state of Rhode Islandto be provided by the elector on the application or sent to the board ofcanvassers in the city or town where the elector maintains his or her votingresidence. In order to be valid, all ballots mailed to the elector outside ofthe state must be voted outside of the state of Rhode Island and the signatureof the elector notarized by a person authorized by law to administer oaths inthe state or country where signed or where the elector voted, or before two (2)witnesses who shall set forth their addresses on the form, and must be mailedfrom outside of the state of Rhode Island. In order to be valid, all ballotssent to the elector at the board of canvassers must be voted in private at theboard and the signature of the elector witnessed by a pair of supervisors,appointed in conformance with this chapter, who shall return the completedballot to the board of elections for certification. Provided, however, that anyelector qualifying under § 17-20-2(1) or 17-20-2(7) who is outside thecontinental United States, shall additionally be entitled to apply for a mailballot and to vote such ballot through facsimile, upon request made to thesecretary of state in writing containing the elector's facsimile number, andthe application to be used shall be that prescribed by § 17-20-13. Thesecretary of state shall establish procedures to protect the anonymity of anyvotes submitted by facsimile in the same manner as ballots submitted throughthe mail.
(2) All applications for mail ballots pursuant to §17-20-2(2) must state, under oath, the institution of higher learning at whichthe elector or spouse of the elector is a student. All applications for mailballot made pursuant to said subdivision must be notarized or witnessed by two(2) persons who shall sign their names and affix their addresses. All mailballots issued pursuant to said subdivision shall be sent to the elector at theaddress of the institution of higher learning provided by the elector on theapplication or to the elector at his or her voting residence. 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 mail ballots pursuant to §17-20-2(3) must be notarized or witnessed by two (2) persons who shall signtheir names and affix their addresses. All mail ballots issued pursuant to saidsubdivision shall be mailed to the elector at his or her voting residence. Thesignature of the elector on ballots being sent to the elector pursuant to thissubdivision does not need to be notarized or witnessed.
(4) All applications for mail ballots pursuant to §17-20-2(4) must be notarized or witnessed by two (2) persons who shall signtheir names and affix their addresses. All mail ballots issued pursuant to saidsubdivision shall be sent to the elector at his or her voting residence. Thesignature of the elector on the ballots being sent to the elector must benotarized or witnessed by two (2) persons who shall sign their names and affixtheir addresses.
(5) All applications for 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 said subdivision mustbe notarized or witnessed by two (2) persons who shall sign their names andaffix their addresses. All mail ballots issued pursuant to said subdivisionshall be delivered to the elector at the hospital, convalescent home, nursinghome, or similar institution where the elector is confined; and the ballotsshall be voted and witnessed in conformance with the provisions of §17-20-14.
(6) All applications for mail ballots pursuant to §17-20-2(6) must be notarized or witnessed by two (2) persons who shall signtheir names and affix their addresses. All mail ballots issued pursuant to saidsubdivision shall be mailed to the elector at the elector's place ofconfinement. The signature of the elector on ballots being sent to the electormust be notarized or witnessed by two (2) persons who shall sign their namesand affix their addresses.
(7) All applications for mail ballots made pursuant to §17-20-2(7) do not need to be witnessed or notarized. All mail ballots issuedpursuant to said subdivision shall be mailed to the elector at an addressoutside the state of Rhode Island to be provided by the elector on theapplication, or sent to the board of canvassers in the city or town where theelector maintains his or her voting residence. The signature of the elector onballots being sent to the elector pursuant to this subdivision does not need tobe notarized or witnessed.
(8) All applications for mail ballots pursuant to §17-20-2(8) must be notarized or witnessed by two (2) persons who shall signtheir names and affix their addresses. All mail ballots issued pursuant to saidsubdivision to an elector who is employed by the state board of elections shallbe mailed or delivered to the elector at the state board of elections. All mailballots issued pursuant to said subdivision to a member of the staff of theelections division of the office of the secretary of state shall be mailed ordelivered to the elector at the state board of elections. All mail ballotsissued pursuant to said subdivision to a member of the staff of a localcanvassing authority shall be mailed or delivered to the elector at his or herlocal board of canvassers. All mail ballots issued pursuant to said subdivisionto a poll worker assigned to work election day outside of their voting districtshall be mailed or delivered to the elector at his or her local board ofcanvassers. All ballots being sent to the elector pursuant to this subdivisionmust be voted in private at the state board or the local board, as the case maybe, and the signature of the elector witnessed by a pair of supervisors,appointed in conformance with this chapter.
(e) 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.