2009 Rhode Island Code
Title 17 - Elections
CHAPTER 17-20 - Mail Ballots
§ 17-20-2.1 - Requirements for validity of mail ballots.

SECTION 17-20-2.1

   § 17-20-2.1  Requirements for validity of mail ballots. – (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 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 in person or by mail so that it is received by 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.

   (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 applications for mail ballots pursuant to § 17-20-2(1) must state under oath that the elector will be absent from the state on the day of election during the entire period of time the polls are to be open. All applications for mail ballot made pursuant to said subdivision must be notarized or witnessed by two (2) persons who shall sign their names and affix 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 Island to be 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, all ballots mailed to the elector outside of the state must be voted outside of the state of Rhode Island and the signature of the elector notarized by a person authorized by law to administer oaths in the 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 mailed from outside of the state of Rhode Island. In order to be valid, all ballots sent to the elector at the board of canvassers must be voted in private at the board and the signature of the elector witnessed by a pair of supervisors, appointed in conformance with this chapter, who shall return the completed ballot to the board of elections for certification. Provided, however, that any elector qualifying under § 17-20-2(1) or 17-20-2(7) who is outside the continental United States, shall additionally be entitled to apply for a mail ballot and to vote such ballot through facsimile, upon request made to the secretary of state in writing containing the elector's facsimile number, and the application to be used shall be that prescribed by § 17-20-13. The secretary of state shall establish procedures to protect the anonymity of any votes submitted by facsimile in the same manner as ballots submitted through the mail.

   (2) All applications for mail ballots pursuant to § 17-20-2(2) must state, under oath, the institution of higher learning at which the elector or spouse of the elector is a student. All applications for mail ballot made pursuant to said subdivision must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to said subdivision shall be sent to the elector at the address of the institution of higher learning provided by the elector on the application or to the elector at his or her voting residence. The signature of the elector on ballots being sent to the elector at their institution of higher learning must be notarized or witnessed by two (2) persons who shall sign their names 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 sign their names and affix their addresses. All mail ballots issued pursuant to said subdivision shall be mailed to the elector at his or her voting residence. The signature of the elector on ballots being sent to the elector pursuant to this subdivision 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 sign their names and affix their addresses. All mail ballots issued pursuant to said subdivision shall be sent to the elector at his or her voting residence. The signature of the elector on the ballots being sent to the elector must be notarized or witnessed by two (2) persons who shall sign their names and affix their 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 is confined. All applications for mail ballots pursuant to said subdivision must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to said subdivision 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.

   (6) All applications for mail ballots pursuant to § 17-20-2(6) must be notarized or witnessed by two (2) persons who shall sign their names and affix their addresses. All mail ballots issued pursuant to said subdivision shall be mailed to the elector at the elector's place of confinement. The signature of the elector on ballots being sent to the elector must be notarized or witnessed by two (2) persons who shall sign their names and 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 issued pursuant to said subdivision shall be mailed to the elector at an address outside the state of Rhode Island to be 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. The signature of the elector on ballots being sent to the elector pursuant to this subdivision does not need to be 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 sign their names and affix their addresses. All mail ballots issued pursuant to said subdivision to an elector who is employed by the state board of elections shall be mailed or delivered to the elector at the state board of elections. All mail ballots issued pursuant to said subdivision to a member of the staff of the elections division of the office of the secretary of state shall be mailed or delivered to the elector at the state board of elections. All mail ballots issued pursuant to said subdivision to a member of the staff of a local canvassing authority shall be mailed or delivered to the elector at his or her local board of canvassers. All mail ballots issued pursuant to said subdivision to a poll worker assigned to work election day outside of their voting district shall be mailed or delivered to the elector at his or her local board of canvassers. All ballots being sent to the elector pursuant to this subdivision must be voted in private at the state board or the local board, as the case may be, 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 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.