§ 17-20-2.1. Requirements for validity of mail ballot and mail ballot applications.
(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 a form prepared by the secretary of state as prescribed in this section, setting forth the elector’s application for a mail ballot or may apply online in accordance with § 17-20-2.3.
(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) To receive a ballot in the mail, an elector must submit an application in person or by mail, so that it is received by the local board, or received electronically through the portal established by § 17-20-2.3, 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 mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the Rhode Island address provided by the elector on the application. In order to be valid, the voter must affix his or her signature on all certifying envelopes containing a voted ballot.
(2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the name and location of the hospital, convalescent home, nursing home, or similar institution where the elector is confined. All mail ballots issued pursuant to § 17-20-2(2) shall be delivered to the elector at the hospital, convalescent home, nursing home, or similar institution where the elector is confined.
(3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed to the address 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, the voter must affix his or her signature on the certifying envelope containing voted ballots. Any voter qualified to receive a mail ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of United States Public Law 99-410, the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
(4) All mail ballots issued pursuant to § 17-20-2(4) may be mailed to the elector at the address within the United States 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, the voter must affix his or her signature on all certifying envelopes containing a voted ballot. In order to be valid, all ballots sent to the elector at the board of canvassers, must be voted in conformance with the provisions of § 17-20-14.2.
(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.
(f) In no way shall a mail ballot application be disqualified if the voter’s circumstances change between the time of making the application and voting his or her mail ballot as long as the voter remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board of canvassers shall provide the state board of elections with written notification of any change in circumstances to a mail ballot voter.
History of Section.P.L. 1983, ch. 172, § 9; P.L. 1984, ch. 231, § 1; P.L. 1984, ch. 391, § 1; P.L. 1985, ch. 161, § 1; P.L. 1985, ch. 294, § 1; P.L. 1987, ch. 386, § 1; P.L. 1987, ch. 439, § 1; P.L. 1989, ch. 435, § 1; P.L. 1990, ch. 227, § 1; P.L. 1991, ch. 314, § 1; P.L. 1992, ch. 205, § 1; P.L. 2001, ch. 56, § 1; P.L. 2001, ch. 121, § 1; P.L. 2005, ch. 354, § 1; P.L. 2005, ch. 396, § 1; P.L. 2011, ch. 190, § 1; P.L. 2011, ch. 217, § 1; P.L. 2022, ch. 45, § 5, effective June 7, 2022; P.L. 2022, ch. 46, § 5, effective June 7, 2022.
Structure Rhode Island General Laws
Section 17-20-1. - Voting by mail ballot.
Section 17-20-1.1. - Declaration of policy.
Section 17-20-2. - Eligibility for mail ballots.
Section 17-20-2.1. - Requirements for validity of mail ballot and mail ballot applications.
Section 17-20-2.2. - Requirements for validity of emergency mail ballots.
Section 17-20-2.3. - Online application for mail ballot.
Section 17-20-3. - Definitions.
Section 17-20-4. - Exemption from registration.
Section 17-20-5. - Residence of person in service or employed outside of the United States.
Section 17-20-6. - Alternative methods of voting.
Section 17-20-7. - Duplication of votes — Methods preferred.
Section 17-20-8. - Application for ballot.
Section 17-20-8.1. - Repealed.
Section 17-20-9.1. - Application by member of the armed forces in active service.
Section 17-20-10.1. - Repealed.
Section 17-20-10.2. - Official state blank ballots.
Section 17-20-11. - Safekeeping of lists of applicants.
Section 17-20-12. - Secretary of state to furnish forms and supplies.
Section 17-20-13. - Form of application.
Section 17-20-13.1. - Form of emergency mail ballot application.
Section 17-20-14.1. - Mail ballots — Local supervision.
Section 17-20-14.2. - Voting from board of canvassers.
Section 17-20-16. - Time of casting vote.
Section 17-20-17. - Omission of presidential electors.
Section 17-20-18. - Instructions on ballot.
Section 17-20-19. - Envelopes for return of ballots.
Section 17-20-20. - Instructions for voting procedure.
Section 17-20-21. - Certifying envelopes.
Section 17-20-22.1. - Mail ballot drop boxes.
Section 17-20-23. - Marking and certification of ballot.
Section 17-20-24. - Irregularities not impairing validity of ballots.
Section 17-20-24.1. - Irregularities in obtaining and casting mail ballots.
Section 17-20-25. - Return of unused ballots.
Section 17-20-26. - Opening and counting of ballots.
Section 17-20-27. - Sealing of ballots and voting list.
Section 17-20-28. - Copies of chapter furnished to local boards.
Section 17-20-29. - Mail applicant not permitted to vote at polls.
Section 17-20-30. - Penalty for violations.
Section 17-20-31. - Investigation of complaints.
Section 17-20-32. - [Repealed.]
Section 17-20-33. - Disqualification of ballot by board of elections.