§ 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 is eligible to vote by emergency mail ballot according to this chapter. Within twenty (20) days or less prior to any election, the elector may obtain from the local board an application for an emergency mail ballot or may complete an emergency in-person mail ballot application on an electronic poll pad at the board of canvassers where the elector maintains his or her residence.
(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, or received electronically through the portal established by § 17-20-2.3, 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.
(d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, 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 state of Rhode Island address provided on the application 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. In order to be valid, the voter must affix his or her signature on the certifying envelope 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.
(2) All applications for emergency 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 this subdivision shall be delivered to the elector by the bipartisan pair of supervisors, appointed in conformance with this chapter, and shall be voted in conformance with the provisions of § 17-20-14.
(3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed by the office of the secretary of state to the elector at an address 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. 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) 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 within the United States provided by the elector on the application, or delivered to the voter by a person presenting written authorization by the voter to pick up the ballot. 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) 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.
(g) An emergency mail ballot application may be completed in person using an electronic poll pad provided by the board of canvassers upon presentation by the voter of valid proof of identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be provided with a ballot issued by the secretary of state and upon completion of the ballot by the voter, the voter shall place the ballot into the state-approved electronic voting device, provided by the board of elections and secured in accordance with a policy adopted by the board of elections.
History of Section.P.L. 2001, ch. 56, § 2; P.L. 2001, ch. 121, § 2; P.L. 2011, ch. 190, § 1; P.L. 2011, ch. 217, § 1; P.L. 2020, ch. 64, § 1; P.L. 2020, ch. 74, § 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.