100-RICR — Department of State

Chapter 10 Administration

Subchapter 00

100-RICR-10-00-1 Access to Public Records

100-RICR-10-00-1 § 1.1 Authority and Purpose

This Part is promulgated pursuant to the authority set forth in R.I. Gen. Laws § 42-35-2 and R.I. Gen. Laws Chapters 38-2, 42-8, 42-8.1 and 38-3 for the purpose of establishing procedures for obtaining access to public records held by the Department of State.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-21 to 01/04/2022
Technical Revision — effective from 2010-07-01 to 08/21/2018
Adoption — effective from 2010-07-01 to 07/01/2010

100-RICR-10-00-1 § 1.2 Definitions

“Act” means R.I. Gen. Laws Chapter 38-2 entitled “Access to Public Records”.

“Business hours” means 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding State and Federal holidays.

“Department” means the Department of State.

“Public record” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, or other material, regardless of physical form or characteristics, and which are made or received by any agency pursuant to law or relating to the transaction of public business as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the value of the official government data contained therein.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-21 to 01/04/2022
Technical Revision — effective from 2010-07-01 to 08/21/2018
Adoption — effective from 2010-07-01 to 07/01/2010

100-RICR-10-00-1 § 1.3 Access to Public Records Policy

A.All Public Records maintained or held by the Department shall be made available for inspection and copying by members of the public in accordance with the Act and this Part.

B.The Department may elect not to make Public Records which are deemed exempt or prohibited from disclosure by state or federal law or by order of a court of competent jurisdiction available for inspection or copying.

C.Records in the custody of the State Archivist as part of the State Archives are subject to additional public records policies as set forth in § 1.6 of this Part.

1.3.1Exclusions

Records which fall into the categories identified in R.I. Gen. Laws § 38-2-2(4) as exempt from disclosure will not be considered Public Records. The Department may elect not to produce those records in response to a request for access to those records.

1.3.2Non-disclosable Information

If the Secretary of State or his/her designee can reasonably separate non-disclosable information from an otherwise disclosable Public Record, he/she will do so in accordance with R.I. Gen. Laws § 38-2-3.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-21 to 01/04/2022
Technical Revision — effective from 2010-07-01 to 08/21/2018
Adoption — effective from 2010-07-01 to 07/01/2010

100-RICR-10-00-1 § 1.4 Procedures for Obtaining Access

A.A Request to Inspect and/or Copy Public Records of the Department (the "Request") shall be presented orally during Business Hours or in writing to the Secretary of State or his/her designee at the Department. Members of the public can request Public Records from the Department by filling out and submitting the Access to Public Records Request Form located on the Department’s website: http://sos.ri.gov/assets/downloads/documents/public-records-policy-and-request-form.pdf.

B.The Department does not require a formal request for a Public Record available pursuant to the Administrative Procedures Act, R.I. Gen. Laws § 42-35-2, or for other documents prepared for or readily available to the public.

C.For all other Public Records, the Department will make reasonable efforts to respond to a request within ten (10) business days of receipt of the request. If the Department cannot produce the requested records within ten (10) business days, the Department will notify the person making the request in writing, and may extend the response time up to an additional twenty (20) business days and explain the reason for the extension.

D.If the Public Record is in digital format, the Department will honor a request to provide a printout of that record.

E.The Secretary of State or his/her designee may restrict access to specified times and days, consistent with this Part, to prevent unnecessary disruption of the work of the Department.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-21 to 01/04/2022
Technical Revision — effective from 2010-07-01 to 08/21/2018
Adoption — effective from 2010-07-01 to 07/01/2010

100-RICR-10-00-1 § 1.5 Denial of Access and Administrative Appeals

A.If the Department denies a request for access to records in accordance with the Act, the individual who requested the records may ask the Secretary of State or his/her designee either orally or in writing to review the denial. That appeal will be conducted in accordance with R.I. Gen. Laws § 38-2-8.

B.If the Secretary of State agrees with the initial denial, the person or entity seeking the record may file a complaint with the Attorney General.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-21 to 01/04/2022
Technical Revision — effective from 2010-07-01 to 08/21/2018
Adoption — effective from 2010-07-01 to 07/01/2010

100-RICR-10-00-1 § 1.6 Public Records Within the State Archives Division

A.In accordance with R.I. Gen. Laws §§ 42-8.1-1 et seq. and 38-3-1 et seq., all records held by the State Archivist in the State Archives will be made available to the public for inspection and copying during Business Hours under the supervision of the State Archivist or her/his staff.

B.Only staff of the State Archives may make copies or scanned images of documents contained in the State Archives.

C.The State Archivist and/or the State Archives may restrict copying or scanning of documents due to preservation concerns.

D.The State Archivist and/or the State Archives may photograph documents not suitable for copying or scanning.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-21 to 01/04/2022
Technical Revision — effective from 2010-07-01 to 08/21/2018
Adoption — effective from 2010-07-01 to 07/01/2010

100-RICR-10-00-1 § 1.7 Severability

If any provision of this Part or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of this Part which can be given effect, and to this end, the provisions of this Part are declared to be severable.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-21 to 01/04/2022
Technical Revision — effective from 2010-07-01 to 08/21/2018
Adoption — effective from 2010-07-01 to 07/01/2010

100-RICR-10-00-2 Declaratory Order Petitions

100-RICR-10-00-2 § 2.1 Purpose

This Regulation states the requirements for submitting a request for Declaratory Order under R.I. Gen. Laws § 42-35-8(b), and the procedure for its consideration and prompt disposition.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-10-20 to 01/04/2022
Adoption — effective from 2017-10-20 to 10/20/2017

100-RICR-10-00-2 § 2.2 Authority

This Regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-8.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-10-20 to 01/04/2022
Adoption — effective from 2017-10-20 to 10/20/2017

100-RICR-10-00-2 § 2.3 Definitions

A.The following definitions shall apply to this Regulation:

1."Declaratory Order" means an order issued by the Department that:

a.Interprets or applies a statute administered by the Department;

b.Clarifies whether a Rule, guidance document, or order issued by the Department applies to a Petitioner; or

c.Clarifies how a Rule, guidance document, or order issued by the Department applies to a Petitioner.

2."Department" means the Rhode Island Department of State.

3."Petition" means a request for a Declaratory Order.

4."Petitioner" means a person requesting a Declaratory Order.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-10-20 to 01/04/2022
Adoption — effective from 2017-10-20 to 10/20/2017

100-RICR-10-00-2 § 2.4 Request for Declaratory Order: Form and Submission

A.A request for Declaratory Order must be in writing and include the following information:

1.The name and address of the Petitioner;

2.A plain statement identifying the statute, Rule, guidance document, or order at issue;

3.A detailed statement of all facts relied upon by the Petitioner;

4.A copy of any and all documents relied upon by Petitioner that are not otherwise accessible to the Department; and

5.A plain statement requesting a Declaratory Order, and further indicating whether Petitioner seeks:

a.An interpretation or application of a statute administered by the Department;

b.Clarification as to whether a Rule, guidance document, or order issued by the Department applies to Petitioner; and/or

c.Clarification as to how a Rule, guidance document, or order issued by the Department applies to Petitioner.

B.A request for a Declaratory Order must be submitted to: Administrative Rules Editor, Division of State Archives, Library, and Public Information, Department of State, 33 Broad Street, Providence, RI 02903.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-10-20 to 01/04/2022
Adoption — effective from 2017-10-20 to 10/20/2017

100-RICR-10-00-2 § 2.5 Consideration and Disposition of Request for Declaratory Order

A.The Department shall promptly consider and respond to the request for Declaratory Order as provided in R.I. Gen. Laws § 42-35-8(c).

1.Should the Department schedule the matter for further consideration, the Department shall notify Petitioner in writing of the anticipated date on which the Department will grant or deny the request for Declaratory Order.

B.The agency may, at its discretion:

1.Hold a hearing for further consideration and discussion on the Petition; or

2.Request further information or documents from the Petitioner necessary for the full evaluation of his or her petition.

C.A Petitioner may appeal the Department's final disposition of the request for Declaratory Order as provided in R.I. Gen. Laws § 42-35-15.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-10-20 to 01/04/2022
Adoption — effective from 2017-10-20 to 10/20/2017

100-RICR-10-00-3 Petition for Promulgation of a Rule

100-RICR-10-00-3 § 3.1 Purpose

The purpose of this Regulation is to prescribe the form of a Petition for Promulgation of a Rule pursuant to R.I. Gen. Laws § 42-35-6 and the procedure for its submission, consideration, and disposition.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-10-20 to 01/04/2022
Adoption — effective from 2017-10-20 to 10/20/2017

100-RICR-10-00-3 § 3.2 Authority

This Regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-6.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-10-20 to 01/04/2022
Adoption — effective from 2017-10-20 to 10/20/2017

100-RICR-10-00-3 § 3.3 Definitions

A.The following definitions shall apply to this Regulation:

1."Department" means the Rhode Island Department of State.

2."Petition" means a request for the Promulgation of a Rule.

3."Petitioner" means a person requesting the Promulgation of a Rrule.

4."Promulgate," with respect to a Rule, means the process of writing a new Rule, or amending or repealing an existing Rule.

5."Rule" means the whole or a part of an agency statement of general applicability that implements, interprets, or prescribes law or policy or the organization, procedure, or practice requirements of an agency and has the force of law. The term includes the amendment or repeal of an existing Rule. The term is used interchangeably with the term "Regulation." The term does not include the exceptions listed in R.I. Gen. Laws §§ 42-35-1(19)(i)-(vi).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-10-20 to 01/04/2022
Adoption — effective from 2017-10-20 to 10/20/2017

100-RICR-10-00-3 § 3.4 Request for the Promulgation of a Rule

A.A request to Promulgate a Rule must be in writing and include the following information:

1.The name and address of the Petitioner;

2.A plain statement identifying the Rule or proposed new Rule at issue;

3.A detailed statement of all facts relied upon by the Petitioner;

4.A plain statement requesting the Promulgation of a Rule, and further indicating whether Petitioner seeks a new Rule or the amendment or repeal of an existing Rule.

a.In the case of a request for the repeal of an existing Rule, the Petitioner shall identify the Rule by title and/or RICR citation.

b.In the case of a request for an amendment to an existing Rule, the Petitioner must identify with specificity any proposed additions, deletions, or other amendments. New proposed language must be clearly marked using underline formatting for proposed insertions, and strikethrough formatting for proposed deletions.

B.A request for the Promulgation of a Rule must be submitted to: Administrative Rules Editor, Division of State Archives, Library, and Public Information, Department of State, 33 Broad Street, Rm. 38, Providence, RI 02903.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-10-20 to 01/04/2022
Adoption — effective from 2017-10-20 to 10/20/2017

100-RICR-10-00-3 § 3.5 Consideration and Disposition of Request for the Promulgation of a Rule

A.The Department shall promptly consider and respond to the request for the Promulgation of a Rule as provided in R.I. Gen. Laws § 42-35-6.

B.The Department may, at its discretion and within the thirty (30) day period prescribed by statute:

1.Hold a hearing for further consideration and discussion on the Petition; or

2.Request further information or documents from the Petitioner necessary for the full evaluation of his or her Petition.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-10-20 to 01/04/2022
Adoption — effective from 2017-10-20 to 10/20/2017

100-RICR-10-00-4 Conduct of Public Hearings

100-RICR-10-00-4 § 4.1 Purpose

To establish a defined set of procedures for the Department of State for the conduct of Public Hearings regarding Proposed Rulemaking.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-12-07 to 01/04/2022
Adoption — effective from 2017-12-07 to 12/07/2017

100-RICR-10-00-4 § 4.2 Authority

This Regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-2(a)(4).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-12-07 to 01/04/2022
Adoption — effective from 2017-12-07 to 12/07/2017

100-RICR-10-00-4 § 4.3 Definitions

A.For the Purpose of this Regulation:

1."Department" means the Rhode Island Department of State.

2.“Member of the Public” means any individual, firm, business, corporation, association, partnership or other group.

3.“Presiding Department Official” means the Department of State employee conducting the Public Hearing.

4."Public Hearing" means the convening of Members of the Public and agency personnel for the purpose of obtaining public comment on a Proposed Rulemaking.

5.“Proposed Rulemaking” means a proposed new Rule, proposed amendment to a Rule or proposed repeal of a Rule as noticed pursuant to R.I. Gen. Laws § 42-35-2.7.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-12-07 to 01/04/2022
Adoption — effective from 2017-12-07 to 12/07/2017

100-RICR-10-00-4 § 4.4 Procedure for Conduct of Public Hearings

A.Convening of Public Hearing

1.Public Hearings may be held at the election of the agency or as required pursuant to R.I. Gen. Laws § 42-35-2.8(c).

2.Notice of Public Hearings shall be issued in accordance with the provisions of R.I. Gen. Laws §§ 42-35-2.8 and 42-46-6, when applicable.

3.The Public Hearing shall be held at a time and place designated by the Department.

B.Transcription

1.The Public Hearing shall be transcribed by a stenographer or audio recorded.

2.For Public Hearings, any official transcript, recording, or memorandum summarizing presentations prepared by a Department official shall be made part of the rulemaking record in accordance with R.I. Gen. Laws § 42-35-2.3(b)(5).

C.Testimony

1.Oral Testimony

a.Members of the Public may make oral testimony during the meeting.

b.Members of the Public who wish to make oral testimony during the meeting must put their name on the speaker list.

c.Members of the Public will be called to testify in the order which their names appear on the speaker list.

2.Written Testimony

a.Written testimony must be submitted via e-mail, fax, hand delivery or regular mail to: Administrative Records Office, Division of State Archives, Library, and Public Information, Department of State, 33 Broad Street, Providence, RI 02903.

D.Disruptive Conduct

1.Members of the Public attending the Public Hearing shall not cause disruptions, including but not limited to: screaming, loud noises, and disorderly gesticulations, which interrupt or distract from the testimony of other Members of the Public or from the ability of the Presiding Department Official to conduct the Public Hearing.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-12-07 to 01/04/2022
Adoption — effective from 2017-12-07 to 12/07/2017

Chapter 20 Elections

Subchapter 00

100-RICR-20-00-1 Placement of Candidates and Local Referenda/Questions on Election Ballots

100-RICR-20-00-1 § 1.1 Authority/Purpose

A.The Department of State has promulgated this Part relative to the placement of candidates and local referenda/questions on primary and election ballots.

B.This Part is established pursuant to the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35 and available for public inspection, submissions or requests at the Department of State, Administrative Records Division, State Library, State House, 82 Smith St., Providence, Rhode Island 02903.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.2 Election Ballot

A.Determining Placement of Political Parties

1.The Department of State shall conduct a lottery to determine the order in which the recognized political parties will appear on the ballot for all Federal, State and local offices.

2.The date, time and location of the lottery shall be determined and announced by the Secretary of State.

B.Determining Placement of Independent Candidates

1.The Department of State shall conduct a lottery to determine the order in which independent candidates for Federal and State offices shall appear on the ballot (R.I. Gen. Laws § 17-19-9.1).

2.Each local board of canvassers shall also conduct a lottery to determine the order in which independent candidates for local offices in their city or town shall appear on the ballot.

C.For Races Where the Elector Votes for One Candidate Only

1.Political party candidates shall appear on the election ballot vertically, immediately below the title of the office sought and preceding the listing of independent candidates (R.I. Gen. Laws § 17-19-9.1).

2.The Department of State shall list the political party candidates in the order determined by the lottery for their respective parties.

3.In the event there is no candidate representing a political party for an office appearing on the ballot, the Department of State shall list the name of the political party candidate for the next party chosen by lottery for which there is a candidate.

4.Samples of these ballot layouts are contained in § 1.13 (“Appendix A”) of this Part which is attached and incorporated by reference to this Part.

D.For Races Where the Elector Votes for More than One Candidate

1.When the race appearing on the ballot provides for a multiple vote situation, i.e. council-at-large where the voter is instructed to ‘Vote for any 3’, the Department of State shall list the political parties in the order chosen by lottery in the following manner:

2.A candidate representing the first political party chosen by lottery shall occupy the first position beneath the title of the office being sought; a candidate representing the second political party chosen by lottery shall occupy the second position beneath the title of office being sought; and so forth so that a candidate representing each remaining political party shall be listed in the next succeeding positions. During this process if there is no candidate to be listed for a particular political party, the Department of State shall list the next party chosen by lottery for which there is a candidate.

3.This sequence shall then be repeated using the next candidate on the certification list for each political party and shall continue to be repeated until all the political party candidates are listed.

4.The order in which local party candidates shall be placed in their respective party positions shall be determined by the order in which the candidates were certified to the Department of State by the local board of canvassers, based upon the past practice of the municipality, the local charter, or the submission by the local party committees, as the case may be.

5.A sample of this ballot layout is contained in § 1.14 (“Appendix B”) of this Part which is attached and incorporated by reference to this Part.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.3 Primary Ballot (Non-Presidential Candidates)

A.Placement of Endorsed Candidates for Federal Offices, General Offices, General Assembly Offices and Local Offices Where the Elector Votes for One Candidate

1.The names of candidate(s) having the endorsement of their party shall be printed first below the title of the office they seek (R.I. Gen. Laws § 17-15-8).

B.Placement of Endorsed Local Candidates Where the Elector Votes for More Than One Candidate

1.When there is more than one (1) endorsed candidate to be listed for a local office, the endorsed candidates shall be listed in the order in which the candidates were certified to the Department of State by the local board of canvassers, based upon the past practice of the municipality, the local charter, or the submission by the local party committees, as the case may be.

C.Determining Placement of Unendorsed Party Candidates for Federal Offices, General Offices, General Assembly Offices

1.The Department of State shall conduct a lottery to determine the order in which the unendorsed candidates for the office of United States Senator, United States Representative, Governor, Lt. Governor, Secretary of State, Attorney General, General Treasurer, State Senator and State Representative will appear on the ballot (R.I. Gen. Laws § 17-15-8).

2.The date, time and location of the lottery shall be determined and announced by the Department of State.

D.Determining Placement of Unendorsed Candidates for Local Offices

1.Unendorsed party candidates for local offices will be listed following the endorsed candidates in alphabetical order (R.I. Gen. Laws § 17-15-8).

E.Placement of State Party Committee Candidates Where the Elector Votes for One Candidate Only

1.The name of the endorsed candidate shall be printed first below the title of the office he/she seeks. Unendorsed candidates for the same State party committee office shall be listed after the name of the endorsed candidate and shall be listed in alphabetical order.

2.A sample of this ballot layout is contained in § 1.15 (“Appendix C”) of this Part which is attached and incorporated by reference to this Part.

F.Placement of Senatorial and Representative District Committee Candidates Where the Elector Votes for More Than One Candidate

1.In the case where there is more than one (1) endorsed candidate to be listed for a party committee office, the endorsed candidates shall be listed in the order in which they appear on the endorsement filed pursuant to law (R.I. Gen. Laws § 17-12-11).

2.Unendorsed candidates for the same office shall be listed after the names of the endorsed candidates and in alphabetical order.

3.A sample of this ballot layout is contained in § 1.15 (“Appendix C”) of this Part which is attached and incorporated by reference to this Part.

G.Placement of Local Party Committee Candidates Where the Elector Votes for More Than One Candidate

1.In the case where there is more than one (1) endorsed candidate to be listed for a local party committee office, the endorsed candidates shall be listed in the order in which they were certified to the Department of State by the local board of canvassers, based upon the past practice of the municipality, the local charter, or the submission by the local party committees, as the case may be.

2.Unendorsed candidates for the same office shall be listed after the names of the endorsed candidates and in alphabetical order.

3.A sample of this ballot layout is contained in § 1.15 (“Appendix C”) of this Part which is attached and incorporated by reference to this Part.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.4 Candidate Listing on Ballot

A.Election Ballots

1.For party candidates, the name of the political party shall be listed immediately below the candidate’s name; for independent candidates, the name of the political organization as it appears on the declaration of candidacy form or the word “Independent” if there is no political organization listed on the declaration of candidacy form, shall appear in small print below the candidate’s name.

B.Primary Ballots

1.The name of the endorsed candidate shall be marked with an asterisk (*).

C.Order of the Races on the Ballot

1.The offices to be elected shall appear on the ballot in the following order:

a.Presidential Electors

b.United States Senator

c.United States Representative

d.Governor

e.Lieutenant Governor

f.Secretary of State

g.Attorney General

h.General Treasurer

i.Senator in General Assembly

j.Representative in General Assembly

k.Local Offices (in the order certified by local board of canvassers)

l.Senatorial District Committee (on primary ballot only)

m.Representative District Committee (on primary ballot only)

n.State Committeeman (on primary ballot only)

o.State Committeewoman (on primary ballot only)

p.Local town and ward committees (on primary ballot only)

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.5 Independent Presidential Candidates and Electors

A.Up to four (4) individuals desiring to become the presidential electors of an independent presidential candidate may file a declaration of candidacy form provided by the Department of State during the last consecutive Monday, Tuesday, and Wednesday in June of the presidential election year. Each elector must file a separate declaration of candidacy form.

B.During the period for filing declarations of candidacy, the independent presidential candidate, or, in the case where the name of the presidential candidate has not yet been determined, the independent political organization, must file a statement with the Department of State indicating the names and addresses of the individual(s) acknowledged by the presidential candidate or organization, as the case may be, to be the approved candidate(s) for presidential electors for the presidential candidate and/or political organization.

C.Nomination papers will be prepared by the Department of State and issued within two (2) business days of the final day for filing endorsements (R.I. Gen. Laws § 17-14-4). Each nomination paper shall contain the names and addresses of all candidates qualified and acknowledged to be an independent presidential elector for the respective independent organization and/or presidential candidate. Nomination papers shall also contain the name of the independent political organization being represented by said presidential electors. On or before the sixtieth (60th) day before the presidential election (R.I. Gen. Laws § 17-14-11), said candidate(s) for presidential elector must submit one thousand (1,000) signatures of qualified electors in the aggregate in order for their presidential candidate to appear on the ballot. Signatures must be submitted to the local board of canvassers in the city/town where the signers live.

D.The names of independent presidential/vice presidential candidates must be submitted to the Department of State no later than fifty-four (54) days before the date of the election. Said names shall be submitted by the individual authorized by the political organization to make such certification and/or by the independent presidential candidate. On the same day, the Department of State will announce the names of those individuals who have qualified for ballot placement as independent presidential electors.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.6 Recognized Political Parties Candidates and Electors

A.Recognized political parties in Rhode Island shall hold a State Convention not later than October 14 in every even year. In presidential years the party nominees for presidential electors shall be selected (R.I. Gen. Laws § 17-12-13). Once said convention is held, the Secretary of the Convention or other duly authorized individual, shall, in writing, notify the Department of State of the names and addresses of those individuals nominated as presidential electors.

B.Names of candidates for President and Vice President for those parties holding national conventions, the Secretary or duly authorized individual of each national party shall certify to the Department of State the names of the individuals nominated as the party’s candidates for President and Vice President at the close of the respective convention. The written certification shall occur no later than fifty-four (54) days before the date of the election.

C.With respect to receipt of the names of the presidential and vice presidential candidates of an organization not recognized as a national political party while recognized as a political party in Rhode Island (R.I. Gen. Laws § 17-1-2(9)), the Secretary or duly authorized individual of said State political party shall certify to the Department of State the names of the individuals nominated as the party’s candidates for President and Vice President at the close of the respective convention. Said written certification to occur not later than fifty-four (54) days before the date of the election.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.7 Procedure for Submission of Local Questions for Inclusion on the Ballot

A.Each local question submitted for ballot placement shall be provided to the Department of State, Elections Division, 148 West River Street, Providence, Rhode Island 02904 in accordance with R.I. Gen. Laws § 17-19-7 and this Part.

B.All questions shall be submitted to the Department of State by the local board of canvassers of each city or town on the form prescribed by the Department of State and shall contain the signatures of the members of the local board of canvassers indicating that the question(s) has been duly authorized to be placed on the ballot. A sample of the certification form is contained in § 1.16 (“Appendix D”) of this Part which is attached and incorporated by reference to this Part.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.8 Format for Local Questions

A.Each local question shall be submitted to the Department of State by the local board of canvassers of each city or town in the following form:

1.Descriptive Heading. The descriptive heading shall be a brief caption of the question including the purpose of the question and the dollar amount, if applicable.

2.Authorization. The authorization shall be a line containing the cite to the authority for the question to appear on the ballot.

3.Text of the question. The text of the question shall be the exact language of the referenda/question that shall appear on the ballot.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.9 Final Form of Question Required

A.All local questions submitted for ballot placement shall be presented by the local boards of canvassers to the Department of State in final form and contain the descriptive heading, authorization, and text of the question which shall appear upon the ballot.

B.Sample questions are contained in § 1.17 (“Appendix E”) of this Part which is attached and incorporated by reference to this Part.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.10 Alterations or Modifications to Questions after Submission

No alterations or modifications shall be made by the Department of State or designees, subsequent to the certification of any question as provided in R.I. Gen. Laws § 17-19-7 and this Part.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.11 Time Periods and Constraints

A.In accordance with R.I. Gen. Laws § 17-19-7, so that ballots may be prepared, the local board of canvassers of each city or town shall certify a copy of each question to be submitted to the electors of the city or town as follows:

1.For questions to appear on the ballot for regularly scheduled elections to be held on the Tuesday next after the first (1st) Monday in November in any year, the question must be certified in the format described above not later than four o’clock (4:00) p.m. on the ninetieth (90th) day before the election.

2.For questions to appear on the ballot at any election scheduled at any time other than regularly scheduled elections on the Tuesday next after the first (1st) Monday in November in any year, the question must be certified in the format described above not later than fifty (50) days before the city or town election, or not later than fifty (50) days before any special city or town election the question must be certified in the format described above.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.12 Review by the Department of State

A.The questions submitted shall be reviewed by the Department of State. The review shall be limited to determining that the questions were submitted in the time and manner prescribed by State law and this Part.

B.The Department of State will not review the legality of the question presented and will not make suggestions for amendments to the language of the question presented.

C.By the order of the Secretary of State, Nellie M. Gorbea.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.13 Appendix A

A.Results of Sample Lottery for Illustration Purposes Only:

1.Moderate

2.Democrat

3.Republican

B.Example of a ballot layout where each political party has a candidate running for the office and there are several independent candidates:

C.Example of a ballot layout where not every political party has a candidate for a particular office and there are several independent candidates:

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.14 Appendix B

A.Results of Sample Lottery for Illustration Purposes Only:

1.Democrat

2.Republican

3.Moderate

B.Example of a ballot layout where there is a “Vote for 3” situation, not all of the political parties have three (3) candidates each running for the office, and there are independent candidates:

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.15 Appendix C

A.Example of a ballot layout for Democratic State Committeeman where there is more than one (1) unendorsed candidate running for the office:

B.Example of a ballot layout for Representative District Committee where three (3) members are elected to the committee and Local Ward Committee where five (5) members are elected to the committee:

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.16 APPENDIX D

(To be filed with the Department of State not later than 4 p.m. on August 8, 2018)

(R.I. Gen. Laws § 17-19-7)

State of Rhode andProvidence Plantations

We hereby certify the following to be a true LIST OF REFERENDA/QUESTIONS to be voted for at the City/Town Election to be held in (City/Town) on November 6, 2018.

Type the complete referenda/questions below, including the descriptive heading, authorization and text of each question as indicated in the Department of State Placement of Candidates and Local Referenda/Questions on Election Ballots (100-RICR-20-00-01) adopted January 1, 1998, as amended. If all of the questions do not fit below, list all of the descriptive headings below and attach additional pages containing the complete referenda/questions.

NOTE: The order in which referenda/questions are listed below will be the order in which they will appear on the ballot.

Check this box if you are also submitting the referenda question(s) electronically.

Check this box if there are no local referenda/questions to appear on your November 6, 2018 General Election Ballot.

Date

Board of Canvassers

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-1 § 1.17 APPENDIX E

A.SAMPLE HOME RULE CHARTER AMENDMENT

AMENDMENT TO BURRILLVILLE HOME RULE CHARTER DEPARTMENT OF PUBLIC WORKS

(Resolution of the Town Council adopted September 4, 1996)

Shall the powers and duties of the department of public works include maintaining town grounds, public parks, playgrounds, beaches, and recreation facilities? (Amends Sec. 13.02)

B.SAMPLE LOCAL REFERENDUM

PURCHASE OF PUBLIC WORKS AND HIGHWAY EQUIPMENT

$400,000 BONDS AND NOTES

(Chapter 124 - Public Laws of 1996)

“Shall an act passed at the 1996 session of the general assembly entitled ‘AN ACT AUTHORIZING THE CITY OF CRANSTON TO ISSUE $400,000 BONDS AND NOTES FOR THE PURCHASE OF PUBLIC WORKS AND HIGHWAY EQUIPMENT IN THE CITY’ be approved?”

C.SAMPLE REGIONAL REFERENDUM

EXETER-WEST GREENWICH SCHOOL DISTRICT 12 CLASSROOM ADDITION - WAWALOAM SCHOOL

BONDS NOT TO EXCEED $3,800,000

(Chapter 101/220 - Public Laws of 1996)

“Shall an act passed at the 1996 session of the general assembly entitled ‘AN ACT AUTHORIZING THE EXETER-WEST GREENWICH SCHOOL DISTRICT TO FINANCE A TWELVE (12) CLASSROOM ADDITION TO THE WAWALOAM SCHOOL AND TO ISSUE BONDS IN AN AMOUNT NOT TO EXCEED $3,800,000 THEREFOR’ be approved?”

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Amendment — effective from 2013-03-21 to 03/20/2018
Adoption — effective from 2007-05-23 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 03/21/2013
Periodic Refile — effective from 2002-02-14 to 03/20/2018

100-RICR-20-00-2 Rhode Island Restoration of Voting Rights Act of 2006 (RIRVRA)

100-RICR-20-00-2 § 2.1 Purpose and Authority

A.The RIRVRA, R.I. Gen. Laws § 17-9.2-3(g), charged the Department of State with the responsibility to develop and implement a program to educate attorneys, judges, election officials, correctional officers and members of the public about the requirements of the Restoration of Voting Rights Act, ensuring that:

1.Judges are informed of their obligations;

2.The Department of Corrections is prepared to carry out its responsibilities;

3.Voter registration forms are appropriately revised;

4.Probation and Parole Officers are informed and prepared to notify probationers and parolees;

5.Information concerning RIRVRA is made available to government officials and the public through a single publication; and

6.Voting rights are restored to persons discharged from incarceration, or never incarcerated following felony convictions, whether discharged or sentenced before or after the effective date of RIRVRA.

B.AUTHORITY

1.These Rules and Regulations are established pursuant to R.I. Gen. Laws Chapter 17-28 and in accordance with the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35) and are available for public inspection, submissions or requests at the Department of State, Administrative Records Office, 33 Broad Street, Providence, Rhode Island 02903.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-08-12 to 01/04/2022
Amendment — effective from 2018-08-12 to 08/12/2018
Adoption — effective from 2007-08-13 to 08/12/2018

100-RICR-20-00-2 § 2.2 Notification to the Judiciary and Attorneys

A.The Department of State shall notify, in writing, the Chief Justices of the Rhode Island Superior, Family, and District Courts, requesting that such notification be shared with Associate Justices of the respective Courts, of the obligation imposed by RIRVRA to notify criminal defendants of the potential loss and restoration of their voting rights. Before accepting a plea of guilty or nolo contendere to a felony, and before imposing a felony sentence after trial, the Court must notify the defendant that the conviction will result in their loss of the right to vote only if, and for so long as, the person is incarcerated, but voting rights are restored upon discharge from incarceration. Incarceration is interpreted to mean confinement in a prison and does not include home confinement or mandatory confinement in rehabilitation (as opposed to correctional) facilities, or confinement in a so-called halfway house. Such notification shall also be provided to the Chief Judge of the United States District Court of Rhode Island whose compliance will be requested as a matter of accommodation.

B.The Department of State shall notify, in writing, the Rhode Island Bar Association of the provisions of RIRVRA with a request that the Bar Association disseminate the information to all of its member attorneys.

C.A copy of these Rules and Regulations, as formally approved and adopted, will be delivered to the Chief Justices of each court listed above and to the Rhode Island Bar Association.

D.A person convicted of a felony under the laws of any other State, or under the laws of the United States and subsequently incarcerated, shall have their voting rights likewise restored upon discharge from such incarceration.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-08-12 to 01/04/2022
Amendment — effective from 2018-08-12 to 08/12/2018
Adoption — effective from 2007-08-13 to 08/12/2018

100-RICR-20-00-2 § 2.3 Members of the Public

A.The Department of State will prepare, provide and make available to the public a single publication which will be available electronically, in hard copy and posted on its website in both English and Spanish. This publication will include:

1.Information about the voting rights, including the right to cast a provisional ballot, of persons who have been charged with, or convicted of, crimes, whether disenfranchising or not;

2.A copy of these Rules and Regulations; and

3.A listing of agencies able to provide additional information or voter registration assistance.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-08-12 to 01/04/2022
Amendment — effective from 2018-08-12 to 08/12/2018
Adoption — effective from 2007-08-13 to 08/12/2018

100-RICR-20-00-2 § 2.4 Department of Corrections

A.The Department of Corrections (DOC) will act as a voter registration agency. As part of the release process leading to a sentenced felon’s discharge from incarceration, the DOC shall notify that person, in writing, that voting rights are restored and provide that person with a voter registration form and a declination form, and offer that person assistance in filling out the appropriate form. The DOC will transmit the completed voter registration form to the State Board of Elections (BOE) in a timely manner, and according to a process and schedule established by the BOE, or alternatively, the DOC shall retain the declination form as part of its official records. No person shall be compelled to complete either form as a condition of release. If a person refuses to permit the DOC to transmit a completed voter registration form to the BOE, the person shall be permitted to make their own arrangements for delivery of the form to the BOE.

B.The BOE will train DOC staff to assure proper completion of the voter registration form and the declination form and will provide all necessary forms to the DOC. Training will also occur upon hiring and annually for all relevant employees, and within thirty (30) days of any procedural changes or updates. The DOC will transmit completed voter registration forms to the BOE in a timely manner, and according to a process and schedule established by the BOE. The process and schedule will be to ensure that persons completing the voter registration form are added to the statewide Central Voter Registration System (CVRS) as quickly as possible.

C.The DOC shall once a month transmit to the Elections Division of the Department of State two (2) lists, as follows:

1.Persons convicted of a felony, who, during the preceding monthly period, have become ineligible to vote because of their incarceration; and

2.Persons convicted of a felony, who during the preceding monthly period, have become eligible to vote because of their discharge from incarceration.

3.Each list shall contain the following information about such persons:

a.Name;

b.Date of birth;

c.Date of entry of judgment of conviction;

d.Description of offense (Note: The Department of Corrections is not the official keeper of the records for offense descriptions and therefore DOC descriptions should not be relied upon in lieu of official court records);

e.Sentence;

f.Any alias identity(ies);

g.Last known address (including city or town);

4.Additionally, in the sixty (60) day period prior to a statewide primary or election, the DOC shall also transmit the above-mentioned two (2) lists on a more frequent schedule as determined by the Department of State.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-08-12 to 01/04/2022
Amendment — effective from 2018-08-12 to 08/12/2018
Adoption — effective from 2007-08-13 to 08/12/2018

100-RICR-20-00-2 § 2.5 Probation and Parole Staff

The Department of State, in cooperation with the BOE and the DOC, shall inform Probation and Parole staff of the rights of convicted felons, who are citizens of the United States and who have been discharged from incarceration, of their eligibility to register to vote, even if they remain on probation or parole. Such staff shall be instructed by the DOC that when meeting with such probationers and parolees to inform them of their eligibility to register to vote. Training will also occur upon hiring and annually for all relevant employees, and within thirty (30) days of any procedural changes or updates. Probation and Parole staff shall not be responsible for instructing such persons in the completion of the voter registration forms, but shall only be responsible for referring such persons to the BOE or local board of canvassers in the city or town where the person resides.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-08-12 to 01/04/2022
Amendment — effective from 2018-08-12 to 08/12/2018
Adoption — effective from 2007-08-13 to 08/12/2018

100-RICR-20-00-2 § 2.6 Voter Registration Forms

Voter registration instructions shall clearly indicate that people who have been disqualified from voting because of felony convictions will regain the right to vote when they are discharged from incarceration. The oath on voter registration forms shall be revised to contain a statement that the registrant is not incarcerated in a correctional facility upon final conviction of a felony, thereby deleting any reference to probation and parole.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-08-12 to 01/04/2022
Amendment — effective from 2018-08-12 to 08/12/2018
Adoption — effective from 2007-08-13 to 08/12/2018

100-RICR-20-00-2 § 2.7 Statewide Central Voter Registration System (CVRS)

The Department of State shall ensure that persons who are eligible and registered to vote following their discharge from incarceration shall have their names added to the CVRS and forwarded to the appropriate local board of canvassers in the same manner as all other names are added to the CVRS.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-08-12 to 01/04/2022
Amendment — effective from 2018-08-12 to 08/12/2018
Adoption — effective from 2007-08-13 to 08/12/2018

100-RICR-20-00-2 § 2.8 Election Officials

A.The RIRVRA mandates that the Department of State shall ensure that persons who have become eligible to vote because of their discharge from incarceration face no continued barriers to registration or voting resulting from their felony convictions.

B.The Department of State shall provide training to all local election officials on the CVRS processing of removals and restoration of voter registrations based on information provided by the DOC. Local election officials shall be trained by the Department of State and the BOE on the mandates of the RIRVRA. Training will occur upon hiring and annually for all relevant employees, and within thirty (30) days of any procedural changes or updates.

C.The BOE will train staff at the Division of Motor Vehicles (DMV) and other voter registration agencies about the eligibility of people with felony convictions to register to vote. Training will also occur annually for all relevant employees, and within thirty (30) days of any procedural changes or updates.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-08-12 to 01/04/2022
Amendment — effective from 2018-08-12 to 08/12/2018
Adoption — effective from 2007-08-13 to 08/12/2018

100-RICR-20-00-3 Rules and Regulations of the Rhode Island Secretary of State Establishing the Procedure for the Issuance of Voter Identification Cards

100-RICR-20-00-3 § 3.1 Authority/Purpose

A.The Department of State is responsible for the issuance of Rhode Island Voter Identification (“Voter ID”) Cards upon request by Voters (R.I. Gen. Laws § 17-19-24.2).

B.Rules and Regulations are established in accordance with the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35) and available for public inspection, submissions or requests at the Department of State, Administrative Records Division, State Library, State House, 82 Smith St., Providence, Rhode Island 02903.

History

Amendment — effective from 2025-07-15 to current
Periodic Refile — effective from 2022-01-04 to 07/15/2025
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Adoption — effective from 2012-01-02 to 03/20/2018

100-RICR-20-00-3 § 3.2 Definitions

“Current and Valid” means a document that has not expired by its terms prior to the date the document is presented.

“CVRS” means the State’s Central Voter Registration System (R.I. Gen. Laws § 17-6-1.2).

“Voter” or “Voters” means an individual(s) who has (have) registered to vote pursuant to State law or Regulation.

“Voter ID Application" means a form prescribed by the Department of State which is submitted by the Voter at the time a Voter ID Card is requested and which shall include all information required by the Department of State.

“Voter ID Card” means a Voter Identification Card issued to a voter who qualifies for such card under State law and this Part.

History

Amendment — effective from 2025-07-15 to current
Periodic Refile — effective from 2022-01-04 to 07/15/2025
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Adoption — effective from 2012-01-02 to 03/20/2018

100-RICR-20-00-3 § 3.3 Procedure to Obtain a Voter ID Card

A.All Rhode Island Voters who do not possess any of the current and valid Voter Identifications listed in § 3.3(B) of this Part are eligible to obtain a Voter ID Card by submitting a Voter ID Application to the Department of State.

B.Voters who possess one (1) of the following forms of current and valid photo identification will not be eligible to acquire a Voter ID Card because they already possess a current and valid identification for voting:

1.Rhode Island driver’s license/permit;

2.United States passport;

3.Identification card issued by any Federally-recognized tribal government;

4.Identification card issued by a United States educational institution;

5.United States military identification card;

6.Identification card issued by the United States or the State of Rhode Island; or

7.Government issued medical card

C.Voters who do not possess one (1) of the forms of current and valid photo identifications listed in § 3.3(B) of this Part, at the time of application, will be required to provide one (1) of the following documents from either §§ 3.3(C)(1) or (2) of this Part below:

1.A current and valid identification:

a.Employee identification card;

b.Identification card provided by a commercial establishment;

c.Credit or debit card;

d.Military identification card;

e.Student identification card;

f.Health club identification card;

g.Insurance plan identification card;

h.Public housing identification card

2.A copy of any of the following documents, provided that it includes the name of the Voter presenting it and is dated after the date of the last general election, unless the document is intended to be of a permanent nature such as a pardon or discharge:

a.Utility bill;

b.Bank statement;

c.Government paycheck;

d.Document issued by a government agency;

e.Official elections document issued by a government agency, dated for the election in which the registered voter is providing it as proof of identity;

f.Voter notification issued by a governmental agency;

g.Public housing identification card issued by a governmental agency;

h.Lease or rental statement or agreement issued by a governmental agency;

i.Student identification card issued by a governmental institution/agency or non-governmental institution/agency;

j.Tuition statement or bill issued by a governmental agency;

k.Insurance plan card or drug discount card issued by a government agency;

l.Discharge certificates, pardons, or other official documents issued to the registered voter by a governmental agency in connection with the resolution of a criminal case, indictment, sentence or other matter;

m.Public transit authority senior citizen and disabled discount cards issued by a governmental agency;

n.Identification documents issued by governmental disability agencies;

o.Identification documents issued by homeless shelters and other temporary or transitional facilities;

p.Drug prescription issued by a government document or other governmental health care provider;

q.Property tax statement issued by a governmental agency;

r.Vehicle registration issued by a governmental agency; or

s.Vehicle certificate of ownership issued by a governmental agency.

D.Voters who submit a Voter ID Application which contains a false or erroneous statement or is defective in any important fact with intent to mislead the Department of State shall be guilty of a misdemeanor and upon conviction shall be imprisoned for a term not exceeding one (1) year or be fined an amount not exceeding one thousand dollars ($1,000.00).

E.The Voter ID Card issued by the Department of State shall include, but not be limited to:

1.The Seal of the State of Rhode Island;

2.The name of the Voter as it appears in the CVRS;

3.A color photo of the Voter;

4.A holographic security feature;

5.A disclaimer stating that the card is to be used only for the purpose of voter identification and is not proof of voter eligibility;

6.Other features as the Department of State shall determine.

History

Amendment — effective from 2025-07-15 to current
Periodic Refile — effective from 2022-01-04 to 07/15/2025
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Adoption — effective from 2012-01-02 to 03/20/2018

100-RICR-20-00-3 § 3.4 Where to Obtain Voter Identification Cards:

A.Department of State, Elections Division, 148 West River Street, Providence, RI 02904;

B.The Department of State's mobile unit will visit locations around Rhode Island. Locations are determined by the Department of State;

C.Such other locations throughout Rhode Island as the Department of State shall determine.

D.For information regarding the location and schedule of the Department of State's mobile unit site visits, please contact the Department of State’s Elections Division at 401-222-2340 or visit www.sos.ri.gov.

History

Amendment — effective from 2025-07-15 to current
Periodic Refile — effective from 2022-01-04 to 07/15/2025
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Adoption — effective from 2012-01-02 to 03/20/2018

100-RICR-20-00-3 § 3.5 Cost and Validity of Voter ID Cards:

There shall be no cost or fee to Voters to acquire the Voter ID Card. Voter ID Cards will only be valid while a voter's status is Active or Inactive in the CVRS. Issuance of a Voter ID Card does not, in and of itself, give an individual the right to vote. An individual will need to comply with all other provisions of State and Federal Law to be allowed voting status within Rhode Island.

History

Amendment — effective from 2025-07-15 to current
Periodic Refile — effective from 2022-01-04 to 07/15/2025
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Adoption — effective from 2012-01-02 to 03/20/2018

100-RICR-20-00-3 § 3.6 Procedure to Update or Replace Lost/Misplaced or Stolen Voter ID Cards

Voters who desire to update their Voter ID Card or who lose, misplace or report their Voter ID Card stolen, may apply for an updated or replacement Voter ID Card following the identical process for acquisition of an original Voter ID Card.

History

Amendment — effective from 2025-07-15 to current
Periodic Refile — effective from 2022-01-04 to 07/15/2025
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Adoption — effective from 2012-01-02 to 03/20/2018

100-RICR-20-00-4 Address Confidentiality for Victims of Domestic Violence

100-RICR-20-00-4 § 4.1 Authority

Rules and Regulations are established pursuant to R.I. Gen. Laws Chapter 17-28 and in accordance with the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35) and are available for public inspection, submissions, or requests at the Department of State, Administrative Records Division, State Library, State House, 82 Smith St., Providence, Rhode Island 02903.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.2 Purpose

Enable victims of domestic violence to participate in the electoral process by providing address confidentiality.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.3 Application Filed with the Department of State

A.A registered voter who is a victim of domestic violence (R.I. Gen. Laws § 17-28-2(c)), is eligible to enroll in the Address Confidentiality Program for Victims of Domestic Violence for the purpose of participating in the electoral process. The application must be submitted on the form provided by the Department of State.

B.A voter registration form shall be attached to the application and must also be completed by the applicant. The home address listed on the voter registration form shall be the participant’s actual place of residence; the mailing address listed on the voter registration form shall be the address designated by the Department of State pursuant to these Rules and Regulations.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.4 Requests for Applications

A.Applications may be obtained in person or by mail from the Department of State, Elections Division, 148 West River Street, Providence, RI 02904. Applications may also be obtained on the Department of State's website which is currently: http://sos.ri.gov/divisions/elections/Voters/voter-registration.

B.The Department of State shall also name State and local agencies and non-profit agencies that provide counseling and shelter services to victims of domestic violence as designated sites for victims of domestic violence to obtain applications. This list may be updated as agencies are brought to the attention of the Department of State.

C.The Department of State shall provide each agency with a supply of applications and return envelopes as well as a copy of these Rules and Regulations and any other instructional materials that the Department of State may deem appropriate.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.5 Application Made at Counseling and Shelter Services

A.If any individual or representative of any designated office (R.I. Gen. Laws § 17-28-6) assisted in the preparation of the application, this individual or representative must sign the application where indicated.

B.Completed applications must be delivered to the Department of State, Elections Division, 148 West River Street, Providence, RI 02904 in a sealed envelope which is clearly marked “Attention: ACP”.

C.Agencies assuming the responsibility for the delivery of the application to the Department of State's Elections Division must deliver the application within seven (7) days of completion.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.6 Determination of Residence Address

The applicant shall list the address of actual residence on the application. This shall be the address used by the Elections Division for routing the application to the appropriate local board of canvassers for the purpose of determining the appropriate ballot(s) to be provided to the voter.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.7 Determination of Designated Address for Mailing Purposes

A.The applicant shall also designate a mailing address where official elections mail can be received. It is the address where the participant’s mail ballot application, actual ballot, and other related voting materials will be sent.

B.In the event that the program participant does not wish to or is unable to provide a mailing address, the Department of State will designate a mailing address. Accordingly, the address designated by the Department of State shall be the Department of State, Elections Division – “ACP”, 148 West River Street, Providence, RI 02904. In these cases, the Elections Division will contact the program participant by phone to advise that official election mail is being held for him/her at 148 West River Street.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.8 Determination of Eligibility of Applicant

The Elections Division shall review each application and shall contact the appropriate court as listed on the application to verify the issuance of the restraining order or no contact order.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.9 Certification as a Program Participant

A.Upon finding that the application is properly completed and that the applicant is eligible to participate in the program, the Elections Division shall certify the individual as a program participant for a period of four (4) years from the date of filing unless the certificate is withdrawn or invalidated before that date.

B.Notice of acceptance into the program shall be sent to the participant at the mailing address listed on the application. Notice shall also include terms and conditions of participation in the program, an explanation of the procedures and methods of voting available, and the date of expiration of the certificate.

C.The Elections Division shall forward the completed voter registration form to the appropriate local board of canvassers with a cover letter explaining the procedures to be followed. The original application shall be kept on file at the Elections Division.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.10 Maintenance of Records by Local Board of Canvassers

The local board of canvassers shall maintain all registrations pertaining to program participants in a separate file maintained in a location which is not accessible to the public. Access to such separate file shall be expressly limited to local board of canvasser employees. The local board of canvassers shall not include the name or the address of a program participant in any list of registered voters available to the public. The board of canvassers may not make the participant’s address contained in voter registration records available for public inspection or copying except as permitted by State law (R.I. Gen. Laws § 17-28-5).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.11 Disclosure of Residence Address and Mailing Address

The actual residence address and mailing address of a program participant cannot be disclosed other than as set forth in State law (R.I. Gen. Laws § 17-28-6).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.12 Voting in Advance of Election Day

The program participant may vote within the twenty (20) day period before Election Day by visiting their city or town hall or the Department of State's Election's Division.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.13 Voting in Person on Election Day

The program participant may vote in person by going to the local board of canvassers in the city or town in which he/she resides and obtaining a temporary certificate of registration on election day. The local board shall prepare such temporary certificate of registration in accordance with Regulations issued by the State Board of Elections. The local board will direct the voter to the appropriate polling place within the city or town. The voter shall present the certificate to the warden at the polling place where he or she will be allowed to vote.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.14 Voting by Mail Ballot

A.The program participant may vote by mail ballot by requesting a mail ballot application from the Elections Division. The participant shall receive a mail ballot application, an envelope addressed to the appropriate local board of canvassers, and instructions on the information to be provided on the mail ballot application. This instruction sheet will include instructions on applying for a mail ballot including, but not be limited to, the following:

1.Filling out the mail ballot application using the designated address in lieu of registered address on the application;

2.Checking off category #1 and print “ACP” in the space provided for location; and

3.Entering the designated address as the mailing address under category #1.

B.The applicant must return the completed application to the appropriate local board of canvassers in the envelope pre-addressed and provided by the Elections Division.

C.The local board of canvassers shall process and certify such applications. The local board shall print “ACP” as well as the district number in the space provided in the top right-hand corner of the mail ballot application. The application and accompanying certification sheets must be sent to the Elections Division separate from any other mail ballot applications in a sealed envelope marked “Attention: ACP” in the same manner and time frame as all other certified mail ballot applications. Names of program participants voting by mail ballot shall not be made public or included in any public list of mail ballot voters.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.15 Issuance of Ballot

The Elections Division shall process the mail ballot application and send the mail ballot to the program participant at the mailing address provided on the address confidentiality application. The ballot sent to the program participant shall be the ballot that corresponds to the residence address of the program participant. The Elections Division shall print “ACP” as well as the district number on the inner-certifying envelope. The return envelope provided to the program participant and addressed to the State Board of Elections shall include the notation “Attention: ACP”.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.16 Board of Elections Notification

A.The Elections Division shall maintain a confidential listing of persons participating in the address confidentiality program. The listing shall contain the name of the voter, the actual residence address, the designated mailing address, and the congressional, senatorial, representative, and local district information of the person’s residence address.

B.Twenty (20) days prior to any primary or election, the Elections Division shall forward a sealed envelope containing the list of persons participating in the address confidentiality program, and voting by mail ballot in said election, to the Chair of the State Board of Elections. Said envelope shall be opened only if requested by a law enforcement agency or if directed by a court order (R.I. Gen. Laws § 17-28-6). If not opened in accordance with State law (R.I. Gen. Laws § 17-28-6), the Board of Elections shall return the sealed envelope to the Elections Division upon certification of the election results.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.17 Tabulation of Ballots Cast by Program Participants

Voted mail ballots shall be certified and tabulated in a manner to maintain address confidentiality in accordance with Rules and Regulations set forth by the Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.18 Re-certification and/or Removal from the Program

A.At the conclusion of the four (4) year certification, the participant must reapply to the Elections Division in order to be eligible to participate in the program. The Elections Division shall send notice to the program participant ninety (90) days prior to the expiration of the four (4) year certification.

B.The Elections Division may cancel the certification of a program participant if mail sent to the designated address is returned as undeliverable, or if the program participant moves without providing the Department of State with seven (7) days prior notice. The Elections Division shall cancel the certification of a program participant if material information on the application is found to be false or if the program participant obtains a name change. The Elections Division shall immediately send such notice of cancellation to the program participant. If the notice of cancellation is returned as undeliverable, then it shall be retained as part of the file and the return notice shall be deemed to have been given.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-4 § 4.19 Board of Elections Rules and Regulations

This Rule and Regulation must be read and interpreted in conjunction with the Board of Elections Rules and Regulations adopted pursuant to State law (R.I. Gen. Laws § 17-28-8).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-03-20 to 01/04/2022
Amendment — effective from 2018-03-20 to 03/20/2018
Technical Revision — effective from 2002-02-14 to 03/20/2018
Periodic Refile — effective from 2002-02-14 to 02/14/2002

100-RICR-20-00-5 Rules and Regulations for Local Boards of Canvassers in the Updating of Voter Registration Records

100-RICR-20-00-5 § 5.1 Updating Voter Registration Records

A.The Department of State has promulgated the within Rules and Regulations relative to the updating of voter registration records of all registered voters of the thirty-nine (39) cities and towns of the State of Rhode Island as mandated by R.I. Gen. Laws § 17-9.1-27. The Department of State shall update the Central Voter Registration System (CVRS) and may direct the local boards of canvassers to perform such updating of their list of registered voters. The Rules adopted by the Department of State are established in accordance with R.I. Gen. Laws Chapter 17-6, as amended.

B.Said Rules and Regulations are established in accordance with the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1 et seq.) and available for public inspection, submissions, or requests at the Department of State, Administrative Records Division, State Library, State House, 82 Smith St., Providence, Rhode Island 02903.

C.In order to properly administer and to provide uniformity to the updating of voter registration records, each of the local boards of canvassers shall be required to maintain and update their records as follows:

1.The addresses of registered voters in each city or town in Rhode Island shall be maintained by the local boards of canvassers in the standardized format set forth by the United States Postal Service (USPS).

2.The Department of State shall maintain an electronic connection with the Rhode Island Department of Health (DOH). Each month the DOH shall transmit to the Department of State a list of those individuals who have become deceased. The list shall be transmitted to the local boards of canvassers by the Department of State via the Central Voter Registration System (CVRS). The local boards of canvassers shall review and process each record accordingly in a timely manner.

3.The Department of State shall maintain an electronic connection with the Rhode Island Department of Corrections (DOC). The DOC shall transmit to the Department of State two (2) lists. The first shall contain information about persons convicted of a felony who, during the preceding period, have become ineligible to vote because of their incarceration. The second list shall contain information about persons convicted of a felony who, during the preceding period, have become eligible to vote because of their discharge from incarceration. The lists shall be transmitted to the local boards of canvassers by the Department of State via the CVRS. The local boards of canvassers shall review and process each record accordingly in a timely manner.

4.The Department of State may enter into data sharing agreements with other government agencies and election entities for the purpose of maintaining accurate voter information.

5.In every odd-numbered year, the Department of State shall update the CVRS with data from the USPS' National Change of Address (NCOA) Program. The local boards of canvassers shall commence the NCOA process in accordance to procedures established by the Department of State and Board of Elections by contacting voters at the addresses provided by the USPS. As voters respond, local boards of canvassers will process information accordingly. If the voter has failed to respond to the NCOA mailing, the voter shall remain on the active list of voters and shall not be required to sign the affirmation form. In these cases, the voter's residence address for voting purposes will be changed by the local board to the new address as indicated by the National Change of Address Program.

6.The Department of State shall forward information used to accurately maintain the voter registration lists of each city/town to the local boards of canvassers for review and processing. Information may include voters who have possibly moved out of Rhode Island, voters who have died, duplicate voter registration records, data entry errors, and other information to ensure accuracy in the voter registration lists. The local boards of canvassers shall review and process each record accordingly in a timely manner.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2018-08-12 to 01/04/2022
Amendment — effective from 2018-08-12 to 08/12/2018
Periodic Refile — effective from 2002-02-14 to 08/12/2018

Chapter 30 Business Services

Subchapter 00

100-RICR-30-00-2 Determination of Classes of Goods and Services Associated with the Administration of R.I. Gen. Laws Chapter 6-2

100-RICR-30-00-2 § 2.1 Trademark and Servicemark Classifications

The following classes of goods and services shall be applicable to all trademark (classes 1-34) and service mark (classes 35-45) registrations filed pursuant to the provisions of R.I. Gen. Laws Chapter 6-2, as amended:

2.1.1Trademark Classifications

A.CLASS 1 – Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.

B.CLASS 2 – Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.

C.CLASS 3 – Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations.

D.CLASS 4 – Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting.

E.CLASS 5 – Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

F.CLASS 6 – Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.

G.CLASS 7 – Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.

H.CLASS 8 – Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.

I.CLASS 9 – Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.

J.CLASS 10 – Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.

K.CLASS 11 – Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

L.CLASS 12 – Vehicles; apparatus for locomotion by land, air or water.

M.CLASS 13 – Firearms; ammunition and projectiles; explosives; fireworks.

N.CLASS 14 – Precious metals and their alloys; jewelry, precious and semi-precious stones; horological and chronometric instruments.

O.CLASS 15 – Musical instruments.

P.CLASS 16 – Paper and cardboard; printed matter, bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type; printing blocks.

Q.CLASS 17 – Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal.

R.CLASS 18 – Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.

S.CLASS 19 – Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

T.CLASS 20 – Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.

U.CLASS 21 – Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware.

V.CLASS 22 – Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.

W.CLASS 23 – Yarns and threads, for textile use.

X.CLASS 24 – Textiles and substitutes for textiles; curtains of textile or plastic.

Y.CLASS 25 – Clothing, footwear, headgear.

Z.CLASS 26 – Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.

AA.CLASS 27 – Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

BB.CLASS 28 – Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.

CC.CLASS 29 – Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; oils and fats for food.

DD.CLASS 30 – Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice (frozen water).

EE.CLASS 31 – Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables; fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt.

FF.CLASS 32 – Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.

GG.CLASS 33 – Alcoholic beverages (except beers).

HH.CLASS 34 – Tobacco; smokers’ articles; matches.

2.1.2SERVICE MARK CLASSIFICATIONS

A.CLASS 35 – Advertising; business management; business administration; office functions.

B.CLASS 36 – Insurance; financial affairs; monetary affairs; real estate affairs.

C.CLASS 37 – Building construction; repair; installation services.

D.CLASS 38 – Telecommunications.

E.CLASS 39 – Transport; packaging and storage of goods; travel arrangements.

F.CLASS 40 – Treatment of materials.

G.CLASS 41 – Education; providing training; entertainment; sporting and cultural activities.

H.CLASS 42 – Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

I.CLASS 43 - Services for providing food and drink; temporary accommodation.

J.CLASS 44 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

K.CLASS 45 - Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-10-09 to 01/04/2022
Adoption — effective from 2006-11-01 to 10/09/2018

Chapter 60 State Library

Subchapter 00 00

100-RICR-40-10-1 Rules for the Rhode Island State Publications Clearinghouse

100-RICR-40-10-1 § 1.1 Purpose

A.The purpose is to establish policies and procedures for the Rhode Island State Publications Clearinghouse.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-10-1 § 1.2 Statutory Authority

A.R.I. Gen. Laws Chapter 29-7.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-10-1 § 1.3 State Agencies/Departments' Deposit of Publications

A.State agencies, departments, and commissions supported wholly or in part by state funds are required by R.I. Gen. Laws § 29-7-5 to deposit prior to public release a minimum of twenty-five (25) copies of their publications with the State Publications Clearinghouse. Deposit procedures shall be carried out according to guidelines adopted by the Clearinghouse Committee.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-10-1 § 1.4 Documents Officers

A.A Documents Officer shall be named by each agency/department per R.I. Gen. Laws § 29-7-5. Agencies/departments with many sub-departments may name more than one Documents Officer to facilitate the deposit of their publications.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-10-1 § 1.5 Index

A.The Clearinghouse shall prepare checklists quarterly and cumulate those checklists annually. The checklist will be maintained dynamically on the Secretary of State’s website so that users will have up-to-date information regarding publications that are being added. Indexing procedures shall be carried out according to guidelines adopted by the Clearinghouse Committee.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-10-1 § 1.6 Depository Libraries' Designation and Responsibilities

A.Depository libraries shall be designated by the Clearinghouse Director. Depository libraries’ designation and responsibility procedures shall be carried out according to guidelines adopted by the Clearinghouse Committee.

History

Technical Revision — effective from 2022-01-04 to current

Chapter 70 Public Information

Subchapter 00 00

100-RICR-40-15-2 Electronic Filing of Meeting Minutes and Notices - Open Meetings

100-RICR-40-15-2 § 2.1 Purpose

A.This Part is drafted to ensure that Public Bodies are in compliance with R.I. Gen. Laws §§ 42-46-6 and 42-46-7 requiring electronic filing of meeting notices and meeting minutes. The Open Meetings website creates a centralized electronic location for the public to view meeting information at both the state and municipal levels.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.2 Authority

A.This Part is promulgated pursuant to R.I. Gen. Laws §§ 42-46-1 et seq. (the “Act”). It has been prepared in accordance with the requirements of R.I. Gen. Laws §§ 42-35-1 et seq.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.3 Definitions

A.For the purpose of this Part the following terms will be defined as:

1."Department" means the Rhode Island Department of State.

2.“Filer” means the individual or individuals designated by a Public Body to be the person or persons responsible for filing meeting notices and minutes with the Department.

3.“Filing coordinator” means the person assigned by the Overseeing Body to:

a.Maintain an accurate list of all Public Bodies and public contact information; and

b.Identify the individual Filers designated by each Public Body.

4.“Open Meetings Law” means R.I. Gen. Laws Chapter 42-46, as amended.

5.“Overseeing body” means the agency, municipality or quasi-public corporation which includes all Public Bodies that fall under that particular agency, municipality or quasi-public corporation, (i.e., the City of Providence is the Overseeing Body for the Providence Zoning Board, the Department of Administration is the Overseeing Body for the Rhode Island Library Board).

6.“Public body,” as defined by R.I. Gen. Laws § 42-46-2(3), is generally any department, agency, commission, committee, board, council, bureau or authority or any subdivision thereof of state or municipal government, and includes all authorities defined in R.I. Gen. Laws § 42-35-1(1). Any political party, organization, or unit thereof meeting or convening is not and should not be considered to be a Public Body, provided, however, that no such meeting is used to circumvent the requirements of R.I. Gen. Laws §§ 42-46-6 and 42-46-7.

7.“Public contact information” means the information for a Public Body provided by the Filing Coordinator to the Department that allows the public to contact the Public Body. The contact person may or may not be the Filer for that Public Body.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.4 Meeting Notice Requirements

A.All Public Bodies required under R.I. Gen. Laws § 42-46-6 shall electronically file meeting notices and amendments with the Department as follows:

1.An Annual Notice at the beginning of each calendar year;

2.Supplemental written public notices, agendas and amendments at least forty-eight (48) hours in advance of the meeting, excluding state holidays and weekends; and

3.If an emergency meeting is called, a meeting notice and agenda as soon as practicable.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.5 Meeting Minutes Requirements

A.All Public Bodies required under R.I. Gen. Laws § 42-46-7 shall electronically file meeting minutes and amendments with the Department.

B.Minutes must be filed within the time prescribed by the Open Meetings Law.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.6 Designation of Filing Coordinator

A.The head of each Overseeing Body (i.e., director of state agency, city or town mayor or council president where no mayor exists) is responsible for designating a person to be the Filing Coordinator for that Overseeing Body.

B.The Filing Coordinator is responsible for identifying Filers for all Public Bodies which fall under each Overseeing Body. The Filing Coordinator will serve as a liaison between the Department and each Filer.

C.The head of each Overseeing Body must submit the designation of the official Filing Coordinator in writing on the “Open Government Filing Coordinator Designation Form” issued by the Department and available on its website (www.sos.ri.gov). This form must be resubmitted within thirty (30) days of a change in the designation of the Filing Coordinator. The designation must include the full name, mailing address, phone number and email address for the Filing Coordinator. The designation will be complete upon the confirmation of a valid email address by the Department. This information must be updated within ten (10) days of a change in email address.

D.The Filing Coordinator must provide a complete listing of all Public Bodies within the Overseeing Body. The Filing Coordinator shall provide the following information for each Public Body (which shall be updated within 30 days of a change):

1.Public Body name; and

2.Authority under which the Public Body was created.

E.It is the responsibility of the Overseeing Body to ensure the Filing Coordinator’s information is accurate.

F.Upon the creation of a new Public Body, the Filing Coordinator must notify the Department and provide all pertinent contact information a minimum of five (5) business days prior to the first meeting of the Public Body.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.7 Web Account Setup for Filing Coordinator

A.Upon receipt of the “Open Government Filing Coordinator Designation Form”, the Department will send to the newly designated Filing Coordinator an electronic message containing the username and initial password to enter the system. This initial message will also include detailed instructions on how to set up the Filing Coordinator’s account and how to establish Filer accounts.

B.The Filing Coordinator will be responsible for opening their own account with the Department's Open Meetings Website to facilitate the designation of Filers for each Public Body.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.8 Designation of Meetings Filer

A.Once the Filing Coordinator sets up Filer accounts through the Open Meetings Website for each Public Body, the Department will be able to accept the filing submissions in the format provided for in § 2.9 of this Part. The Filing Coordinator is responsible for ensuring that Filers’ user information is accurate.

B.Upon the creation of a new Public Body, the Filing Coordinator for the Overseeing Body must identify a Filer through the Department's Open Meetings Website and provide contact information for that person within thirty (30) days. The Filing Coordinator shall update the Filer information in the event there is a change in the Filer.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.9 Filing Format

A.Meeting notices and minutes will only be accepted in file formats and mechanisms of electronic submission as specified by the Department or as allowed by the Department's Open Meetings website.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.10 Technical requirements

A.Designated Filers must have access to email and be able to access the Department's Open Meetings Website through a web browser. The Filer must have the ability to submit notices and minutes in the accepted filing format through the Department's Open Meetings Website.

B.The Filer must fill out all electronic fields as provided in the Department's Open Meetings Website to submit meeting notices or meeting minutes to the Department electronically.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.11 Proof of filing

A.Upon the successful electronic submission of a meeting notice or meeting minutes, the Filer will receive acknowledgement in the form of an electronic confirmation message from the Department indicating that the filing was successfully transmitted through the Department’s Open Meetings Website. In the absence of such electronic confirmation message, the Filer is responsible for verifying that the Department has successfully received the notice or minutes. The electronic confirmation message is the Filer’s record that the notice or minutes were filed with the Department.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.12 Exceptions

A.All Public Bodies, with the exception of Public Bodies whose responsibilities are solely advisory in nature, shall file meeting minutes with the Department electronically.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.13 Application

A.The terms and provisions of this Part shall be liberally construed to permit the Department to effectuate the purposes of state law and policies.

History

Technical Revision — effective from 2022-01-04 to current

100-RICR-40-15-2 § 2.14 Severability

A.If any provision of this Part, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of this Part shall not be affected thereby.

History

Technical Revision — effective from 2022-01-04 to current