2009 Rhode Island Code
Title 17 - Elections
CHAPTER 17-20 - Mail Ballots
§ 17-20-2.2 - Requirements for validity of emergency mail ballots.

SECTION 17-20-2.2

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

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

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

   (d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail ballot, in order to be valid, must have been cast 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 shall sign 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 town where the elector maintains his or her voting residence or mailed by the office of the secretary of state to the elector at an address outside the state of Rhode Island to be provided by the elector on the application. In order to be valid, all ballots mailed to the elector out-of-state must be voted outside 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 the state of Rhode Island. In order to be valid, all ballots cast by 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.

   (2) All applications for emergency 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 this 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 this subdivision shall be cast at the board of canvassers in the city or town where the elector maintains his or her voting residence, or mailed by the office of the secretary of state to the elector at the address of the institution of higher learning provided by the elector on the application. Ballots being cast at the local board of canvassers must be voted in private 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. 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 emergency 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 and must be accompanied by a certificate from a licensed physician or a Christian Science practitioner setting forth the location of his or her medical offices or the Christian Science practitioner's office, the date when that physician last examined the elector, or in the case of a Christian Science practitioner, when the practitioner last treated the elector, and attesting that the illness, disability, blindness or serious impairment of mobility did not manifest itself until twenty (20) days or less prior to the date of the election and as a result it would be an undue hardship for the elector to vote at the polls based upon a physical examination performed by that physician or an observation by that Christian Science practitioner. The state board of elections shall prepare forms for physicians and practitioners to use in making the certification required in this subdivision and shall distribute the forms prior to each general election to those physicians licensed to practice medicine in this state and, upon request, to any other persons and at any other times as necessary. 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 in certifying the illness, disability, blindness or serious impairment of mobility of a voter as long as the certification provided contains all of the required information. Any physician knowingly and willfully making a false certification, and any person knowingly and willfully aiding and abetting in the making of a false certification, shall be guilty of a felony. All mail ballots issued pursuant to § 17-20-2(3) shall be mailed to the elector at his or her voting residence by the office of the secretary of state, or delivered by the local board to a person presenting written authorization from the elector to receive the ballots, or cast in private at the local board of canvassers. The signature of the elector on ballots being cast pursuant to this subdivision 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 shall sign their names and affix their addresses. All mail ballots issued pursuant to this subdivision shall be mailed to the elector at his or her voting residence by the office of the secretary of state, or cast by the elector at the board of canvassers in the city or town where he or she resides. Ballots being cast at the local 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. The signature of the elector on ballots being sent to the elector at his or her voting residence must be notarized or witnessed by two (2) persons who shall sign their names and affix their signatures.

   (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 is confined. All applications for mail ballots pursuant to this 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 this subdivision shall be delivered to the elector by the bi-partisan pair of supervisors, appointed in conformance with this chapter, and shall be voted and witnessed in conformance 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 shall sign their names and affix their addresses. All mail ballots issued pursuant to this subdivision shall be mailed by the office of the secretary of state to the elector at the elector's place of confinement, or delivered to a person presenting written authorization from the elector to receive the ballot. 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 emergency mail ballots made pursuant to § 17-20-2(7) do not need to be witnessed or notarized. All mail ballots issued pursuant to this subdivision shall be mailed by the office of the secretary of state to the elector at an address outside the state of Rhode Island to be provided by the elector on the application, or cast at 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 emergency 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 this subdivision to an elector who is employed by the state board of elections shall be mailed or delivered by the office of the secretary of state to the elector at the state board of elections. All mail ballots issued pursuant to this 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 this subdivision to a member of the staff of a local canvassing authority shall be cast by the elector at his or her local board of canvassers. All mail ballots issued pursuant to this subdivision to a poll worker assigned to work election day outside of their voting district shall be cast by 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) The secretary of state shall provide each of the several boards of canvassers with a sufficient number of mail ballots for their voting districts so that the local boards may provide the appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to process each emergency ballot application in accordance with this chapter, and it shall be the duty of each board to return to the secretary of state any ballots not issued immediately after each election.

   (f) 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.